Past Fast

SFG1037
Government of Afghanistan
Ministry of Higher Education
Environmental and Social Management Framework
Second National Higher Education Strategic Plan

and
Higher Education Development Project
FINAL REPORT
5 March 2015
TABLE OF CONTENTS
1. INTRODUCTION.............................................................................................................................. 1
1.1 ESMF Approach and Methodology................................................................................................... 1
2. PROJECT BACKGROUND AND DESCRIPTION.........................................................................3
2.1 Overview of Higher Education Strategy......................................................................................... 3
2.2 Purpose of the Project......................................................................................................................... 3
2.3 Project Components............................................................................................................................ 4
2.4 Project Beneficiaries........................................................................................................................... 6
2.5 Proposed Investments........................................................................................................................ 6
3. KEY ENVIRONMENTAL ISSUES............................................................................................... 8
4. ENVIRONMENTAL MANAGEMENT REQUIREMENTS AND PRACTICES...........................9
4.1 World Bank Safeguard Policies and Requirements...................................................................9
4.2 Afghanistan Policy and Legal Framework for Environmental Management...................11
4.3 Environmental Screening of Subprojects under NHESP II....................................................13
5. INSTITUTIONAL ARRANGEMENTS, ROLES AND RESPONSIBILITIES IN THE ESMF
IMPLEMENTATION....................................................................................................................................... 14
6. PUBLIC CONSULTATIONS.......................................................................................................... 15
6.1 Summary of Consultation Findings.............................................................................................. 15
7. IMPACT ANALYSIS AND PROPOSED MITIGATION MEASURES......................................16
7.1 Key Environmental and Social Issues and Impacts Associated with the Project............16
7.2 Positive Environmental and Social Impacts.............................................................................. 16
7.3 Potential Negative Environmental and Social impacts..........................................................16
7.5 General Environmental and Social Concerns during Construction and Operation.......17
7.6 Potential Cumulative Impacts........................................................................................................ 18
7.7 Proposed Mitigation and Monitoring Measures....................................................................... 18
8. PROCESS FOR SUBPROJECT PREPARATION, IMPLEMENTATION AND MONITORING
8.1 Screening and Review Process...................................................................................................... 21
8.2 Appraisal and Approval................................................................................................................... 22
8.3 Public Consultation and Disclosure............................................................................................. 24
8.4 Monitoring and Annual Reports.................................................................................................... 24
8.5 Annual reviews................................................................................................................................... 25
9. GRIEVANCE REDRESS MECHANISM........................................................................................ 27
9.1 Objective of the Grievance Redress Mechanism (GRM).........................................................27
9.2 Types of Grievances.......................................................................................................................... 27
9.3 Grievance Handling System............................................................................................................ 28
9.4 Principles, Procedures & Timelines............................................................................................. 30
10. CAPACITY BUILDING AND TRAINING................................................................................ 31
10.1 Appointing Environmental and Social Safeguard Specialists...............................................31
10.2 Training................................................................................................................................................ 32
11. ESMF IMPLEMENTATION BUDGET....................................................................................33
Annex 1: Sectoral Resettlement Policy Framework for NHESP II.......................................35
Annex 2: Consultations held in Kabul and Faizabad (August – October 2014)..............76
Annex 3: Technical Guidelines........................................................................................................ 77
Annex 4: NHESP II Environmental and Social Screening Form.............................................91
Annex 5: Terms of Reference for Sub-Project Requiring an SIA...........................................95
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Annex 6: Terms of Reference for an EIA....................................................................................... 97
Annex 7: Terms of Reference for an EMP and Template.........................................................98
Annex 8: Examples of Contract Clauses for Civil Works.......................................................104
Annex 9: Procedures for Land Mine Risk Management........................................................109
Annex 10: Template Notification Form for ESMF Clearance...............................................113
Annex 11: Template for a Public Consultation Plan..............................................................114
Annex 12: Template for a Disclosure Notice............................................................................115
Annex 13: Format of an Annual Environmental Report for the NHESP II.......................116
Annex 14: TOR for OMST Environmental Safeguard Specialist..........................................117
Annex 15: TOR for OMST Social Safeguard Specialist............................................................118
Figures and Tables
Table 3.1 Academic Staff of Universities by Qualification and Gender………………………………………...14

Table 5.1 Key Activities and Responsible Agencies………………………………………………………….….23
Table 5.2 Institutional roles and responsibilities for environmental management…………………………….25
Table 8.1 Roles and responsibilities in subproject E&S planning and implementation………………………34
Figure 8.1 Flow diagram of environmental and social screening of sub-projects……………………………..34
Figure 9.1 Process model for Grievance Redress Mechanism………………………………………….……...43
Table 10.1 Proposed training format for ESMF implementation…………………………………………………47
Table 11.1 Budget Estimate for the Implementation of the ESMF………………………………………………………...48
Ministry of Higher Education iii HEDP FINAL ESMF

EXECUTIVE SUMMARY
Background
The Ministry of Higher Education (MoHE) has drafted a second National Higher Education Strategic Plan
(NHESP II) for 2015-2020. It outlines the government’s vision, mission and values, and strategies and
interventions, aimed at achieving the long-term higher education development goals of the country. The main
aim of the NHESP II is to improve the quality and economic relevance of the higher education sector; and
increase participation in higher education, with a special focus on labor market-oriented degree programs. The
World Bank is proposing to finance a Higher Education Development Project (HEDP) with financing from the
Afghanistan Reconstruction Trust Fund (ARTF) to support the GoA’s NHESP II.
Project description
HEDP will have two components: (1) a Higher Education Development Program component; and (2) a Project
Management, Capacity Building and Monitoring and Evaluation component. These components and the
activities under them were prepared through a process of consultation and collaboration with the Ministry of
Higher Education (MoHE); the Ministry of Finance (MoF); the universities and higher education institutions;
public and private employers; academics and researchers, and other development partners.
The HEDP will use an Investment Project Financing (IPF) instrument based on a Results-based Financing
(RBF) modality. Under Component 1 (the result–based funding component), project funds will be disbursed
against selected line items in MoHE’s annual budgets (Eligible Expenditure Programs - EEPs) up to capped
amounts and conditioned on achievement of the agreed set of Disbursement-Linked Indicators (DLIs). The first
component will support the development initiatives of the NHESP-II, and deepen the focus on outcomes and
results rather than inputs. Component 2 will strengthen MoHE’s implementation, coordination, and M&E
capacity, and cover needs for specific expertise to enable MoHE to achieve the agreed outcomes and results,
including the DLIs. The second component will disburse as a traditional IPF and complement the activities of
component one.
The World Bank, in consultation with the government counterparts, has discussed the full higher education
sector program and selected EEPs comprised of non–procurable items from the higher education budget. The
EEPs were selected are: (a) salaries and allowances; (b) scholarships; and (c) research grants. Bank financial
management (FM) guidelines will apply to the entire Project. Bank procurement guidelines will apply only to
component two, as component one does not contain any procurable items. Under Component 1, the Project will
support critical development areas of the Government’s NHESP II. Although, the HEDP will not finance civil
works directly, the Government’s NHESP II is expected to undertake construction of public university lecture
halls, ICT centers, laboratories, libraries, and water, sanitation, and residential facilities, as well as rehabilitation
and renovation of existing facilities, and dormitories particularly for female students in several universities
across the country. These will involve simple buildings and civil works that are not complex to design, build and
operate.
The extent of these activities and their location are not known at this time, and will depend to a large extent on
availability of additional financial resources and assessments in the future. Potential environmental impacts of
infrastructure activities to be supported under the Government’s program are expected to be modest and
localized. Under Component 2, the Project will finance technical assistance activities in support of policy design,
project management and monitoring and evaluation.
Most Afghan youth studying at universities and university academics and managerial staff will benefit from the
project over its life-cycle. In addition, there will be many indirect beneficiaries of the project, such as: (a) private
sector employers who will be able to recruit better qualified university graduates in the future; (b) the
government, which will be able to recruit higher quality graduates for the civil services and various public
services over time; (c) future generations of university students and staff members who will benefit from the
development of the higher education system; and (d) suppliers of goods and services which will be financed
under the project.
.
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Objective of the ESMF
Since the final selection and detailed designs of the multiple maintenance and construction activities will be
developed only at the beginning of each financial year of the NHESP II, a framework approach has been
adopted to effectively manage potential environmental and social impacts of the proposed activities. Therefore,
certain due diligence social and environmental instruments, namely (i) Environment and Social Management
Framework and (ii) Resettlement Policy Framework have been prepared in accordance with international good
practice as well as the World Bank safeguards and Government of Afghanistan requirements. These
instruments will provide practical guidance for management of potential environmental and social issues
associated with future sub-projects under the overall GoA NHESP II.
This document provides an Environmental and Social Management Framework (ESMF), which will be used by
the Ministry of Higher Education (MoHE) in order to ensure that all environmental and social safeguards are
adequately addressed. The main purpose of the ESMF is to avoid, minimize or mitigate adverse social and
environmental impact through (a) Establish clear procedures and methodologies for the environmental and
social assessment, review, approval and implementation of investments to be financed under the project; (b)
Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing
and monitoring environmental and social concerns related to project investments; (c) Determine the training,
capacity building and technical assistance needed to successfully implement the provisions of the ESMF; and
(d) Provide practical information resources for implementing the ESMF.
(a) Provision of a Resettlement Policy Framework

No land acquisition is anticipated under the NHESP II. However, in a rare case, such land acquisition may
become necessary. The ESMF also comprises a Resettlement Policy Framework (RPF) as an annex in case
land acquisition is unavoidable, and contains guidelines for land and asset acquisition, entitlement and
compensation, compliant with the provisions of Afghanistan’s current Law on Land Expropriation, enacted in
2009 and Law on Managing Land Affairs 2008, and in compliance with WB Operational Policy 4.12 on
Involuntary Resettlement.
Legislative framework
The Environment Law of Afghanistan (2007) is the principal law governing environment management and
conservation in Afghanistan. A number of supporting regulations include: Law on Land Expropriation (2009);
Land Management Law (2008), Law on the Preservation of Afghanistan’s Historical and Cultural Heritages
(2004); Water Law (2009) and Water Sector Strategy of the government of Afghanistan.
In regards to World Bank safeguard requirements, the following Operational Policies have been triggered by the
Project requiring specific safeguard provisions: Environmental Assessment (OP 4.01), and Involuntary
Resettlement (OP 4.12).
Institutional roles and responsibilities

The project will be implemented by the MoHE. The ministry will be directly responsible for the implementation of
the national level activities, including strategy and program development, monitoring and evaluation, and
technical support. Universities, which are under the MoHE will directly implement institution-level activities such
as internal quality assurance reviews, human resource development of academic and managerial staff, and the
adoption of innovative teaching and learning.
The MoHE will be assisted by the HEDP Operations and Monitoring Support Team (OMST) to provide
operational support and to coordinate and monitor project activities including at university level. The project will
have a Steering Committee (HEDP SC) to provide policy direction and project oversight. The HEDP SC will be
chaired by the Minister of Higher Education and comprise of the Deputy Ministers, Director of Plan and Policy,
Director of Administration and Finance, and Project Director, OMST; Project Director, OMST will also serve as
Secretary to the HEDP SC. Each university will also establish a university level Steering Committee (University
SC), led by the Chancellor, for overall planning, implementation, decision making and monitoring and evaluation
of project activities.
Ministry of Higher Education v HEDP FINAL ESMF

Under the ESMF, there are several agencies that will play a key role in ensuring that mechanisms and
recommendations outlined in the ESMF are implemented effectively. At the national level, the MoHE is the
agency responsible for ensuring that the ESMF is applied towards all investments financed under the NHESP II
as well as future projects in the education sector. NEPA is the implementing agency responsible for
environmental management and will be involved in the review and approval of Environmental and Social Impact
Assessments (ESIAs) prepared for subprojects, if necessary.
At the provincial and district level, environmental officers will be involved in the review and monitoring of
Environmental Management Plans (EMPs). At the project level, the OMST will coordinate and monitor the
ESMF requirements. This will be achieved through the designation of an Environmental Safeguard Specialist
and Social Safeguard Specialist with specific responsibility for overseeing the implementation of the ESMF and
RPF respectively and ensuring that EMPs and Resettlement Action Plans (RAPs) are prepared and
implemented accordingly. The Environment Safeguards Specialist and Social Safeguards Specialist will report
to the Director, Plan and Policy Department of the MoHE.
The Safeguards Officers and relevant staff of the Ministry of Higher Education and implementing
agencies/consultants and contractors will receive training in the application of the ESMF and site specific EMPs.
The Safeguard Officers, in collaboration with OMST director, will be responsible for monitoring the environment
and social performance aspects supported by the NHESP II (2015-2020).
EIA/EMP and RAP preparation, review and appraisal process

The ESMF outlines the environmental impact assessment procedures, reporting systems, and responsibilities to
be adopted by the implementing agencies during the NHESP II. The tools and mechanisms provided include:
 Screening of proposed sub-projects;

 Steps to be taken for an ESIA, including an application for environmental approval;
 Preparation of EMPs and RAPs (if needed);
 An annual environmental and social audit of the NHESP II;
 Guidelines on the environmental and social impact of potential subprojects;
 Grievance redress mechanism;
 Compliance mechanisms; and
 Descriptions of roles and responsibilities.
The RPF outlines the process for preparation and implementation of site specific resettlement action plans.
Main environmental and social impacts of the proposed Project investments

The NHESP II is not likely to result in significant adverse environmental or social impacts. The program has a
potential of localized, site-specific adverse environmental impacts associated with rehabilitation and civil works
for construction and renovation of buildings, academic premises and associated facilities (sanitation services).
These include construction waste, dust and noise pollution during construction, impact of increase construction
traffic, social and health impacts due to temporary establishment of workers’ camps, etc. Most of these impacts
are well known and can be mitigated using standard good construction practice embedded in the civil works
contracts.
According to the NHESP II all infrastructures will be placed on government land, and no land acquisition is
expected for their rehabilitation. The risk of involuntary resettlement or land acquisition is therefore considered
to be extremely low. However, prior to start of physical works documentation is required that the land is free of
encroachments, squatters or other encumbrances, and that the land has been transferred to the relevant
authorities.
Impacts can be divided into environmental and social impacts associated with construction and operation which
depends specifically on the size and nature of the subproject and the environmental and social context where
the subproject will be situated. The implementation of the proposed NHESP II will result in a number of
environmental and social impacts for the program as a whole. Some of these impacts may be negative or
adverse while others are positive and beneficial.
Ministry of Higher Education vi HEDP FINAL ESMF

There will be no land acquisition under the new civil works activities that may be financed by the Government
during implementation of the NHESP II. In the case of new facilities, the expansion of infrastructure will take
place on land already owned by the MoHE and public universities. Before any start of such physical works,
MoHE will confirm the state ownership of the land in question as well as provide documentation that it is free of
squatters, encroachers, or other claims or encumbrances. In rehabilitating existing facilities or constructing new
buildings, the MoHE will provide necessary facilities to address the needs of disabled people per international
standards.
In general, NHESP II interventions may individually have minimal adverse environmental and social impacts.
However, several subprojects in combination, or in combination with other government or private sector
activities, could have a larger and more significant cumulative impact. This is likely to be the case in terms of
potential vegetation clearing, groundwater depletion, or surface water pollution.
Mitigation plans
As part of the implementation of subprojects, Environmental Management Plans (EMPs) will be prepared, if
needed. Effective implementation of EMPs will ensure that the appropriate mitigation measures have been
employed to avoid and/or minimize any potential impacts resulting from the proposed activity. The MoHE will
agree with local district offices and project Proponent on the supervision of the EMP within the overall plan for
the project. Proposed mitigation measures to address anticipated impacts during construction and operation
include:
 Re-vegetation of open patches of the site should be carried out to prevent gullies and stabilize the soil.
 Vegetation removal should be done with care and trees that may not affect the construction of the project
should be left.
 Leguminous plants that have soil conservation qualities are particularly recommended. There is,
therefore, need to create an instant grass cover which offers long term erosion control.
 An efficient drainage is a key role in erosion control and erosion checks or lining have been designed in
the architectural designs.
 Erosion control fences, silt traps, bare surface cover (mulching or geotextiles) to control soil erosion.
 In the foundation hard cores should be used to increase the firmness of the structure on the ground
 Surface trenches should be constructed to help in the onsite water drainage in order to avoid flooding.
 The proper management of the civil works will minimise or eliminate the negative impacts that are likely
to be caused by construction activities. The EMP will be implemented during all the phases of project
(preparation, construction, operation and closure).
Accordingly, the supervision arrangements for the EMP will summarize key areas on which supervision will
focus such as critical risks to implementation of the EMP and how such risks will be monitored during
implementation and agreements reached with the Proponent. If identified as a requirement of the subproject
through the screening process, a Resettlement Action Plan, and/or a Cultural Resources Management Plan /
Chance Finds Procedures or a combination of these, is prepared alongside or as an integrated part of the EMP.
Preparation of Resettlement Action Plans
A RAP will be needed for each subproject that may result in the loss of access to resources as per the RPF in
Annex 1The Provincial offices / Public universities in provinces are responsible for planning and implementing
the subprojects and will coordinate with the MoHE in preparing the RAP.
Grievance Redressal Mechanism

In order to ensure transparency and accountability in the implementation of NHESP II and HEDP project, MoHE
will establish a grievance redress mechanism (GRM) with a clear set of goals and objectives and a well-defined
scope for its interventions and a set of procedures for receiving, recording, and handling complaints. For
implementation of the ESMF, the Grievance Redress Committee (GRC) will comprise: MoHE Chair, Director of
Policy and Plan Department of the MoHE, the HEDP OMST Director, the Project’s Environmental and Social
Safeguards Specialists, representatives from relevant community or group, a member of a recognized non-
Ministry of Higher Education vii HEDP FINAL ESMF

government organization, and a community leader. The GRC members will be qualified, experienced, and
competent personnel who can win the respect and confidence of the affected communities.
Capacity building and Training

The OMST will assist MoHE in putting in place institutional arrangements defined in the ESMF. OMST will
recruit an Environmental Safeguards Specialist and a Social Safeguards Specialist who will be responsible for
overall implementation of the EMSF and RPF during Project implementation; the two Specialists however will
report to the Director, Plan and Policy Department of the MoHE. They will help set up within the MoHE
satisfactory arrangements for preparing site specific environmental and social management plans if and when
needed for any construction activities during implementation of the Project, and help build capacity of relevant
staff within the Policy and Plan Department of MoHE and universities for handling environmental and social
safeguards aspects. They will also help the MoHE/ University staff in monitoring of implementation of mitigating
measures. They will prepare relevant sections on the project’s compliance with satisfactory implementation of
the EMSF and EMPs, for inclusion in regular project progress reports prepared by the OMST.
Relevant stakeholders will be invited to attend a workshop on the application and implementation of the ESMF.
During supervision of the project, the MoHE in technical assistance by its multi-lateral partners such as the
World Bank will assess the implementation of the Framework directly or through third party, and if required, will
recommend additional strengthening.
In order to strengthen capacity in the implementation of ESMF, the HEDP project will support training of relevant
staff in the MoHE’s Policy and Plan Department, public universities, and the Afghan National Environmental
Protection Agency (NEPA). This training will be part of the overall training plan for HEDP.
Regional meetings will be organized and facilitated by Ministry of Higher Education, Department of
Environmental Affairs, and Department of Lands and Valuation. The workshop provides attendees with the
basic approach to implementing the guidelines provided in the ESMF combined with the use of the appropriate
tools, such as the screening form, EMP template and ESMF Annual Reporting Form. Refresher courses should
be held as needed during the course of the project lifecycle.
This workshop be prepared and undertaken with technical expertise with relevant experience in the proposed
topics and highly familiar with E&S related to infrastructure development in order to provide good case studies.
Monitoring
The ESMF outlines a number of indicators as part of the ESMF implementation which will be included in the
overall project monitoring. In addition, an Annual Audit on ESMF Implementation will be prepared by the OMST
and delivered to MoHE and the World Bank.
Proposed implementation budget

The budget for ESMF implementation at MoHE is expected to be about $350,000 during the project life,
including the cost of two safeguards officers, capacity building trainings to its stakeholders including at
universities, and implementation of ESMPs and monitoring. The actual costs may vary depending on when and
how the ESMF implementation takes place. The costs will be met from the Technical Assistance component of
the HEDP.
Public consultations and Disclosure

The MoHE has discussed the preparation of the ESMF for the Afghanistan NHESP II through a series of
consultation meetings with different stakeholders, including representative of MoHEs, NEPA, MAIL, and with the
World Bank experts on environmental and social issues. In particular, consultation with the World Bank team
focused on sharing their experience on ESMF implementation in other countries, discussed institutional
arrangements, monitoring arrangements with respect to the implementation of the Environmental Social
Management Plan (ESMP). Findings of the consultations indicated that there are positive impacts associated
with the proposed investments and that potential negative environmental and social impacts can be readily
addressed through adequate implementation of an EMP and RAP.
Ministry of Higher Education viii HEDP FINAL ESMF

The MoHE will establish an easily accessible system with different options for public information/disclosure of
information for communities and relevant stakeholders to be aware of processes to be followed to register
complaints. The MoHE will apply this ESMF prior to approval of any development project funded or
implemented by multi-lateral agencies such as the World Bank and others.
This ESMF will be disclosed in Pashto, Dari and English languages by the MoHE and will be made available on
www.mohe.gov.af. The ESMF will be disclosed at the WB Info-shop in English and local languages prior to
appraisal.
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ACRONYMS AND ABBREVIATIONS
Ministry of Higher Education x HEDP FINAL ESMF

AIMS Afghanistan Information Management System
ARTF Afghanistan Reconstruction Trust Fund
ANBC Afghanistan National Building Codes
ANHES Afghanistan National Higher Education Strategy
ANDMA Afghanistan National Disaster Management Authority
ANDS Afghanistan National Development Strategy
ANSA Afghanistan National Standards Agency
AP Affected Person
APQAC Asia Pacific Quality Assurance Council
BPs Business Plans
CHS Complaint Handling System
CDC Community Development Council
EIA Environmental Impact Assessment
E&S Environmental & Social
EHS Environmental Health and Safety
ESMF Environmental and Social Management Framework
ESMP Environmental and Social Management Plan
GoA Government of Afghanistan
GRC Grievance Redress Committee
GER Gross Enrollment Ratio
GLASOD Global Assessment of Soil Degradation
GRM Grievance Redress Mechanism
HEDP Higher Education Development Project
HEDS Higher Education Development Strategy
HDI Human Development Index
IDA International Development Association
IFC International Finance Corporation
IWRM Integrated Water Resources Management
MAIL Ministry of Agriculture, Irrigation and Livestock
MAPA Mine Action Program of Afghanistan
MoE Ministry of Education
MoHE Ministry of Higher Education
NEPA National Environmental Protection Agency
NES National Environmental Standards
NIMA National Institute of Management and Administration
NGOs Non-Governmental Organizations
NPP1 National Priority Program 1
NESPII National Education Strategy Plan-II
NOX Nitrous Oxides
OMST Operations and Monitoring Support Team
OP/BP Operational Policy/Bank Procedure
O&M Operation and Maintenance
PAC Public Awareness Campaign
OMST Operations and Management Support Team
PM Particular Matters
PAP Project affected people
POP Persistent organic pollutants (POP)
PCB& Polychlorinated dibenzo-p-dioxins, dibenzofurans
PPAs Performance-based Partnership Agreements
PDO Project Development Objectives
PMIS Project Management Information System
RAP Resettlement Action Plan
RPF Resettlement Policy Framework
SO2 Sulphur Dioxide
SoE State of Environment
USWDP University Support Workforce Development Project
WHO World Health Organization
WSS Water Supply and Sanitation
WB World Bank
3TI MinistryTechnical Teacher Training Institute
of Higher Education xi HEDP FINAL ESMF
1. INTRODUCTION
This document presents an Environmental and Social Management Framework (ESMF) for the Afghanistan
second National Higher Education Strategic Plan (NHESP II) and has been developed in tandem with a
Resettlement Policy Framework (RPF) as a combination of due diligence instruments required to address
and manage environmental and social impacts associated with the NHESP II. The ESMF will cover and apply
to the entire NHESP II.
The framework has been prepared to meet the World Bank safeguard requirements and Government of
Afghanistan (GoA) environmental procedures and will be disclosed prior to appraisal of the HEDP. The
Ministry of Higher Education (MoHE) is the agency responsible for implementing the provisions and
recommendations outlined in the ESMF.
1.1 ESMF APPROACH AND METHODOLOGY
1.1.1 Objective of the ESMF
The proposed Project (HEDP), aimed at supporting the NHESP II, has been classified as Environment
Category B in accordance with the World Bank’s safeguard policies as the activities to be financed under the
Project are not expected to have significant environmental or social impacts. Any anticipated impacts can be
readily addressed through appropriate mitigation and management measures included in the design and
implementation of project-specific activities. However, since the extent of these activities and their location
are not known at this time and will depend to a large extent on availability of additional financial resources
and assessments in the future, the MoHE has prepared an Environmental and Social Management
Framework in accordance with the World Bank’s requirements.
The objective of the ESMF is to provide a framework for effective management of environmental and social
issues in the proposed NHESP II. It seeks to both enhance environmental and social development benefits of
the NHESP II and mitigate any adverse impacts, in line with GoA and World Bank policies and guidelines on
management of environmental and social development issues. The exact site and scale of potential
infrastructures to be financed under the NHESP II will be identified and confirmed during its implementation.
1.1.2 Provision of a Resettlement Policy Framework
In addition, in regards to potential land acquisition and in view of the shortcomings of existing land laws, the
MoHE has also prepared a sectoral Resettlement Policy Framework (attached as Annex 1). The purpose of
the Resettlement Policy Framework (RPF) is to clarify resettlement principles, organizational arrangements,
and design criteria to be applied to specific infrastructure investment activities by MoHE as and when they
take place. In this way a consistent approach to resettlement practice will be ensured for all activities
involving land acquisition and displacement.
The RPF sets out the general principles and steps to be followed in connection with any land acquisition and
resultant resettlement which may occur during the implementation of projects such as university or institutes
of higher education by or with the co-operation of the Ministry of Higher Education. The RPF is a customized
version of an existing RPF, compliant with the provisions of Afghanistan’s current Law on Land Expropriation
(2009) and Law on Managing Land Affairs (2008), and with WB Operational Policy 4.12 on Involuntary
Resettlement. The original RPF was developed by Ministry of Energy and Water and approved in December
2010 by an inter-ministerial committee, and subsequently customized by various ministries and institutions
such as DABS, Ministry of Public Works, Ministry of Mines and Petroleum and Kabul Municipality. The
current RPF is based on the Central Asia South Asia Electricity Transmission Project (CASA 1000).
Ministry of Higher Education 1 HEDP FINAL ESMF

1.1.3 Methodology
The ESMF has been developed as a tool to be used in implementing recommendations for addressing
environmental and social impacts associated with proposed infrastructure activities to be financed under the
NHESP II. Its purpose is to: (a) establish clear procedures and methodologies for the environmental and
social assessment, review, approval and implementation of investments to be financed under the Project; (b)
specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing
and monitoring environmental and social concerns related to project investments; (c) determine the training,
capacity building and technical assistance needed to successfully implement the provisions of the ESMF; and
(d) provide practical information resources for implementing the ESMF.
1.1.4 Consultations and Field Visits
The MoHE has discussed the preparation of the ESMF for the Afghanistan NHESP II with different
stakeholders, and held a series of consultation meetings including with the World Bank experts on
environmental and social issues. In particular, consultations with the World Bank team focused on sharing
their experience on ESMF implementation in other countries, discussions on institutional arrangements and
monitoring arrangements with respect to the implementation of the Environmental Management Plans (EMP).
Findings of the consultations indicated that there are positive impacts associated with the proposed
investments and that potential negative environmental and social impacts can be readily addressed through
adequate implementation of an Environmental Management Plan. A summary of the consultations is
provided in Section 6.
1.1.5 Public Disclosure
For projects such as the HEDP, the World Bank’s Access to Information Policy requires that safeguard-
related documents be disclosed before appraisal (i) at the Info-Shop and (ii) in country, at publicly accessible
locations and in a form and language that are accessible to potentially affected persons.
The MoHE will establish an easily accessible system with different options for public information/disclosure of
information for communities and relevant stakeholders to be aware of processes to be followed to register
complaints. The MoHE will apply this ESMF prior to approval of any development project funded or
implemented by multi-lateral agencies such as the World Bank and others.
The ESMF will be disclosed prior to appraisal in Pashto, Dari and English languages by the Ministry of Higher
Education, and will be made available on www.mohe.gov.af.

2. PROJECT BACKGROUND AND DESCRIPTION
2.1 OVERVIEW OF HIGHER EDUCATION STRATEGY
The MoHE is currently in the process of developing its second National Higher Education Strategic Plan
(NHESP II) 2015-2020. The main purpose of the NHESP II is to develop access, quality and governance of
the higher education system in Afghanistan.
NHESP II aims to strengthen Afghanistan’s higher education system by responding to Afghanistan’s growth
and development needs. The NHESP II also aims to contribute to financial autonomy of the higher education
institutions in order to generate qualified and competitive graduates. More specifically, the NHESP II aims to
achieve the following goals collectively through its development programs:
 Building the knowledge and experience of Academic Staff

 Strengthening Learning and Teaching Approaches
 ICT infrastructure and Library resources
 Building new facilities and infrastructures
 Quality Assurance and governance of Public Universities
 Create and develop public and private higher education system in Islamic Republic of Afghanistan
based on financial and academic autonomy in order to meet the current and future skills related needs
of the country.
 Build new and rehabilitate existing buildings in order to improve learning resources and ensure
adequate space for study and research.
 Develop the academic capacity of the faculty and infrastructures of higher education universities and
institutions.
 To develop educational curriculum, responsive to the national and international economic needs of the
country.
 To create new educational and research fields based on the needs of labor market.
 To help develop and facilitate Master’s and PhD programs in higher education institutions of the
country.
 To enhance teaching and research laboratories in the universities.
 To improve the study environment and living conditions students in dormitories.
 To improve the quality assurance of higher education institutions with international standards as long-
term benchmarks.
 Promote the principles of human rights in accordance to the democratic principle and human equality.
2.2 PURPOSE OF THE PROJECT
In support of the second National Higher Education Strategic Plan (NHESP II), the HEDP is organized under
two main components: (a) a Higher Education Development Program component; and (b) a Project
Coordination, Capacity Building and Monitoring and Evaluation component, which are specifically designed to
assist the Ministry of Higher Education to implement the Second National Higher Education Strategic Plan
(NHESP II). These components and the activities under them were prepared through a process of
consultation and collaboration with the MoHE; the Ministry of Finance (MoF); the universities and higher
education institutions; public and private employers; academics and researchers, and other development
partners.

2.3 PROJECT COMPONENTS
Component One: Higher Education Development Program

This component is comprehensive and strategic, and will support the implementation of NHESP II. It focuses
on six themes: (a) improving the quality and relevance of teaching and learning; (b) upgrading academic
staff professional skills; (c) modernizing quality assurance and accreditation; (d) strengthening governance of
the higher education sector; (e) promoting equitable participation, especially of female students; and (f)
stimulating research and innovation: The second component will support the implementation of the first
component through technical assistance (TA), capacity building and monitoring and evaluation. The capacity
building is expected to benefit both the MoHE and the individual higher education institutions.
Theme 1.1: Improving the Quality and Relevance of Teaching and Learning
Afghanistan urgently needs to improve the quality of university teaching and learning. Currently, university
teaching is mainly based on traditional, teacher-centered methods. The project would assist universities to
practice modern outcome-based education (OBE) and student-centered learning (SCL). This sub-component
would support training of academic staff in OBE and SCL. Such training would also help the universities to
move towards increased use of blended teaching and learning, where face-to-face contact between staff and
students are combined with the use of digital resources and e-based content.
Theme 1.2: Upgrading Academic Staff Professional Skills

Well-qualified academic staff members are of central importance for any good quality higher education
system. In this context, there is an urgent need to develop the human resources available to the Afghan
universities. Currently, less than 40 percent of university academics hold a Master’s degree or higher
qualification. In addition, a majority of the managerial, administrative and technical staff members of the
universities need to upgrade their skills, especially to manage and administer universities with greater
substantive and procedural autonomy. The project would support a Human Resource Development (HRD)
program for academic staff with an emphasis on scholarships for Master degrees and some Ph.D.s. Special
preference will be given to: (a) academic staff from the degree programs identified as priorities for economic
development; and (b) female academics. These will be targeted to full-time, regularly employed faculty staff.
Theme 1.3: Modernizing Quality Assurance and Accreditation

HEDP will support public and private universities to develop a comprehensive Internal Quality Assurance
System. This would involve setting up Internal Quality Assurance Units (IQAUs) in universities which
currently lack such units, developing IQAUs in universities which have embryonic ones, assisting universities
to conceptualize, plan and conduct institutional self-assessments, incorporate findings from QA reviews into
the design and implementation of university development plans, and institutionalize a process of continuous
quality improvement of teaching and learning in universities. The IQAU system will benefit from the support of
experienced international and national peer reviewers through HEDP financing.
At the national level, HEPD will support the development of an independent Afghanistan Quality Assurance
and Accreditation Agency (QAAA) with support from an international accreditation network (e.g. APQN) for
review and technical inputs. The accreditation system for public and private universities will also be
developed, through the production of protocols and procedures, and the training of staff in MoHE who can
assess and undertake the key stages of registration and licensing, quality assurance, and finally
accreditation, of the institutions based on transparent criteria. The establishment of an independent QAAA
and interaction and collaboration with international quality assurance and accreditation networks will help
ensure that the accreditation process for both public and private higher education institutions in Afghanistan
is proceeding in line with international good practices.

Theme 1.4: Strengthening Governance of the Higher Education Sector
The current governance situation of higher education in Afghanistan is characterized both by over-
centralization. Transforming the higher education system to a more decentralized governance structure,
where universities enjoy greater academic (substantive), procedural and financial autonomy, is an important
policy objective of MoHE, as reflected in the NHESP II. The project would support efforts to achieve this
objective through several main channels. First, it will support universities in the preparation and
implementation of strategic development plans clearly spelling out their vision, missions and activities
including a mid-term financial framework, in conformity with the NHESP II. Annual progress reports would
allow a regular monitoring of progress achieved and remedial actions needed in case of deviation from initial
goals.
Second, institutional development of universities will be strengthened through a Advisors or Mentors

Program. Senior academics will act as “mentors” to support institutional development and the achievement of
the goals and targets of universities’ strategic development plans. Mentors will be expected to interact closely
with the senior management of universities. Substantive and procedural autonomy will be encouraged.
Substantive autonomy would contain curriculum diversification among universities, and attendant changes
required in assessment methods, teaching and learning activities, as well as education materials.
Third, the Project would assist universities to develop managerial skills needed at the university level, such
as planning, budgeting, administration, procurement, financial management and monitoring. This support
would help universities achieve greater fiduciary autonomy as well as power to obtain and use funds through
research and consulting services and extension courses granted through a by-law recently passed by the
Parliament. This would enhance procedural autonomy.
Fourth, in response to the lack of capacity for strategic planning, budgeting preparation and execution, and
management and administration to support system-wide higher education reforms, a small Strategic Planning
Office (SPO) will be established in MoHE. It will provide advice and support to universities to transition
towards greater autonomy, while also retaining adequate levels of accountability.
Theme 1.5: Promoting Equitable Participation

There is substantial pressure on MoHE to increase enrollment in higher education, as current participation
levels are very low. The MoHE is seeking to expand enrollment in both public and private institutions, but
also aware of the risks associated with uncontrolled expansion at the expense of quality and relevance.
Therefore, MoHE’s strategy is to give priority to labor market-relevant university degree programs. The HEDP
would assist GoA to implement a well-designed expansion strategy, with support for planning and managing
the expansion process. Further measures would target the relaxation of constraints for female participation in
university education. Consultations during project preparation suggest that many factors are critical to
increase female participation. These include orientation programs for women before entering university,
security and transportation, and proper residential and sanitation facilities. Financial assistance for female
students from disadvantaged backgrounds to enroll in, and graduate from, priority degree programs would be
an efficient intervention towards the same objective. These will be supported by the project. The development
of physical facilities and equipment needed, as enrollment increases, would be provided under the overall
MoHE NHESP II.
Theme 1.6: Stimulating Research and Innovation

Research has almost disappeared in universities after decades of conflict, and the subsequent depletion of
the pool of qualified faculty staff. The MoHE is seeking to revive and develop a research culture and
practice. The HEDP would support MoHE’s initiative through several channels. The postgraduate
scholarships would provide both research funding for universities and training in research for academic staff.
The project would also contribute to the establishment of a Competitive Research Fund. This fund would
support innovative research programs involving Master’s degree and Ph.D candidates, research partnerships

with overseas universities, and innovative activities to increase university revenues through applied research.
The fund will be open to competition from both public universities and private higher education institutions.
Objective and transparent selection and criteria procedures will be described in a manual to be prepared
during the first year of project implementation and reflecting international good practice.
Component Two: Project Management, Capacity Building, and Monitoring and Evaluation Component
This component aims to strengthen the capacity of MoHE and the universities to achieve the HEDP
objectives. It will provide support in the areas of: project coordination, technical assistance, monitoring and
evaluation, research and policy studies, and advocacy and communication. The policy studies could include
beneficiary satisfaction surveys among staff and students of institutions and programs supported by the
project and tracer studies of graduates to analyze their job search and labor market experience.
The resources for advocacy and communication would enable the higher education authorities to ensure that
development initiatives are appropriately disseminated to political authorities, policy makers, academics and
researchers, students, and the general public. The component would also help MoHE to design and realize
policy reforms, such as piloting and evaluating innovative approaches to promote female enrollment in priority
programs. This component will finance incremental operating costs for an Operations and Monitoring Support
team (OMST) to be set up in MoHE.
2.4 PROJECT BENEFICIARIES
Most Afghan youth at the public universities and university academics and managerial staff will benefit from
the project over its life-span. There will be many indirect beneficiaries of the project, including: (a) private
sector employers who will be able to recruit better qualified university graduates for professional, managerial
and technocrat jobs; (b) GoA, which will be able to recruit higher quality graduates for the civil service and
various public services; (c) future generations of university students and staff members who will benefit from
the development of the higher education system; and (d) suppliers of goods and services that will be financed
under the project.
2.5 PROPOSED INVESTMENTS
The HEDP will use an Investment Project Financing (IPF) instrument based on a Results-based Financing
(RBF) modality. Under Component 1 (the result–based funding component), project funds will be disbursed
against selected line items in MoHE’s annual budgets (Eligible Expenditure Programs - EEPs) up to capped
amounts and conditioned on achievement of the agreed set of Disbursement-Linked Indicators (DLIs). The
first component will support the development initiatives of the NHESP-II, and deepen the focus on outcomes
and results rather than inputs. The World Bank, in consultation with the government counterparts, has
discussed the full higher education sector program and selected EEPs comprised of non–procurable items
from the higher education budget. The EEPs were selected are: (a) salaries and allowances; (b)
scholarships; and (c) research grants. The second component will disburse as a traditional IPF and
complement the activities of component one.
Although, the HEDP will not finance civil works directly, the Government’s NHESP II is expected to build
university lecture halls, ICT centers, laboratories, libraries, and water, sanitation, and residential facilities, and
rehabilitation and renovation of existing facilities, and dormitories particularly for female students in several
universities across the country. These will involve simple buildings and civil works that are not complex to
design, build and operate.
The extent of these activities and their location are not known at this time, and will depend to a large extent
on availability of additional financial resources and assessments in the future. Potential environmental

impacts of infrastructure activities to be supported under the Government’s program are expected to be
modest and localized. Under Component 2, the Project will finance technical assistance activities in support
of policy design, project management and monitoring and evaluation.
There will be no land acquisition under the new civil works activities that may be financed by the
Government during implementation of the HEDP. In the case of new facilities, the expansion of
infrastructure will take place on land already owned by the MoHE and public universities. Before any start of
such physical works, MoHE will confirm the state ownership of the land in question as well as provide
documentation that it is free of squatters, encroachers, or other claims or encumbrances. In rehabilitating
existing facilities or constructing new buildings, the MoHE will provide necessary facilities to address the
needs of disabled people per international standards.
2.5.1 Project Exclusion Activities
Subprojects with any of the attributes listed below will be ineligible for support under the NHESP II (2015-
2020).
GENERAL CHARACTERISTICS
Involves the significant conversion or degradation of critical natural habitats. Including, but not limited
to, any activity within:
 Ab-i-Estada Waterfowl Sanctuary;
 Ajar Valley (Proposed) Wildlife Reserve;
 Dashte-Nawar Waterfowl Sanctuary;
 Pamir-Buzurg (Proposed) Wildlife Sanctuary;
 Bande Amir National Park;
 Kole Hashmat Khan (Proposed) Waterfowl Sanctuary.
Will significantly damage non-replicable cultural property, including but not limited to any activities that
affect the following sites:
 monuments of Herat (including the Friday Mosque, ceramic tile workshop, Musallah complex,
Fifth Minaret, Gawhar Shah mausoleum, mausoleum of Ali Sher Navaii, and the Shah
Zadehah mausoleum complex);
 monuments of Bamiyan Valley (including Fuladi, Kakrak, Shar-i Ghulghula and Shahr-i Zuhak);
 archaeological site of Ai Khanum;
 site and monuments of Ghazni;
 minaret of Jam;
 mosque of Haji Piyada/Nu Gunbad, Balkh province;
 stupa and monastry of Guldarra;
 site and monuments of Lashkar-i Bazar, Bost;
 archaeological site of SurkhKotal
Involves the use of unsustainably harvested timber or fuel wood.

Involves the use of hazardous substances.

3. KEY ENVIRONMENTAL ISSUES
Afghanistan, officially the Islamic Republic of Afghanistan, is a landlocked country located in Central Asia and
South Asia.. It has a population of around 30-35 million people. About 80% of Afghan population directly
relies on the provisioning services of the ecosystem, unfortunately, the phenomena of ecosystem services is
barely understood at the management scale in Afghanistan,(GEF-NEPA-UNEP, 2009). The main
environmental challenges Afghanistan is facing today are, the depletion and overuse of important resources
(forests, biodiversity, water), natural hazards, reduced access to natural resources, pollution with toxic rocket
fuel, spilled oil and land mines, and rapid and unsustainable land use changes. Afghanistan’s National
Development Strategy 2008 (ANDS) has identified the following priority environment issues needing further
policy attention and action:
 Water resources
 Rangelands, forests and biodiversity
 Land use, agriculture and soils
 Urban environment
 Natural disasters and climate change
Given the lack of information it is difficult to obtain a clear picture of the current state of the environment in
Afghanistan. There is much uncertainty about the sources of environmental pollution, its extent and transfer
as well as linkages to public health and diseases. Little is known about the scope of erosion and
contamination of land, as well as their economic consequences.

4. ENVIRONMENTAL MANAGEMENT REQUIREMENTS AND PRACTICES
This document complies with both the World Bank safeguard policies and the relevant GoA legislation as
summarized below. Where there is a difference between the local regulations and World Bank policies, the
World Bank policies prevail...
4.1 WORLD BANK SAFEGUARD POLICIES AND REQUIREMENTS
The HEDP has been assigned an EA Category B given that significant adverse environmental and social
impacts are not expected due to the nature of the proposed activities and those identified can be addressed
through adequate environmental and social mitigation and monitoring measures. Two applicable safeguard
policies are:
OP. 4.12 on involuntary resettlement is triggered. According to the NHESP II all infrastructures will be placed
on government land, and no land acquisition is expected to be financed under the project. The risk of
involuntary resettlement or land acquisition is therefore considered to be extremely low. In the case of new
facilities, the expansion of infrastructure will take place on land already owned by the MoHE and public
universities or other government land. Before any start of such physical works, MoHE will confirm the state
ownership of the land in question as well as provide documentation that it is free of squatters, encroachers,
or other claims or encumbrances and that the land has been transferred to the relevant authorities.
However, in the rare case, where land acquisition may become necessary, the ESMF comprises a
Resettlement Policy Framework, containing guidelines for land and asset acquisition, entitlement and
compensation, compliant with the provisions of Afghanistan’s current Law on Land Expropriation, enacted in
2009 and Law on Managing Land Affairs 2008 (both under amendment) and in compliance with WB
Operational Policy 4.12 on Involuntary Resettlement. In addition, there are weaknesses in the land laws, of
which the major weakness is the fact that only 1/3 of land has ever been subject to cadaster, and that most
land is under customary title or, in urban areas, subject to informal settlement.
The Resettlement Policy Framework (RPF) has been developed by MoHE based on existing RPF, adopted
by various ministries (MRRD, MEW, KM). In view of the shortcomings of existing law (under amendment), the
MoHE has prepared a sectoral RPF based on existing RPF (refer to Annex 1).
Physical Cultural Resources (OP 4.11) is not triggered, and this ESMF contains a Negative List, listing all major known heritage
sites, where project activites will not be permitted. NHESP II civil works may lead to a chance finds of physical cultural
resources and Annex 3, Technical Guideline 6 contains procedures for handling Chance Finds in accordance with exiting
Afghan law and WB policies.. The ESMF and preparation of site specific EIAs will include assessment of potential impacts on
physical cultural resources, and guidelines for handling chance finds.
Environmental Assessment (OP/BP/GP 4.01)

Since the final selection and detailed designs of the multiple maintenance and construction
activities will not be developed by appraisal time and the exact locations and features of the
civil works are yet to be identified thus a framework approach has been adopted to effectively
manage potential environmental and social impacts of the proposed activities. Therefore,
certain due diligence environmental instruments, namely (i) Environment and Social
Management Framework and (ii) Resettlement Policy Framework have been prepared in
accordance with international good practice as well as the World Bank safeguards and
Government of Afghanistan requirements. These instruments will provide practical guidance
for management of potential environmental and social issues associated with future sub-

projects under the overall NHESP II as well as for other projects under MoHE.
The (ESMF) document will be used by the MoHE in order to ensure that all environmental
and social safeguards are adequately addressed under the NHESP II. The main purpose of
the Environmental and Social Management Framework (ESMF) is to (a) Establish clear
procedures and methodologies for the environmental and social assessment, review,
approval and implementation of investments to be financed under the NHESP II and its
subprojects; (b) Specify appropriate roles and responsibilities, and outline the necessary
reporting procedures, for managing and monitoring environmental and social concerns
related to NHESP II investments; (c) Determine the training, capacity building and technical
assistance needed to successfully implement the provisions of the ESMF; and (d) Provide
practical information resources for implementing the ESMF.

4.2 AFGHANISTAN POLICY AND LEGAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT
The primary relevant laws and legislations framing social and environmental issues are: the Environment
Law of Afghanistan (2007), National Environmental Strategy (2008), National Environmental Impact
Assessment (EIA) Regulations, Water Law (2009) and Water Sector Strategy of the government of
Afghanistan, Land Expropriation Law (2005), and Law on the Preservation of Afghanistan’s Historical and
Cultural Heritages (2004).
4.2.1 The Environment Law of Afghanistan (2007)
The Environmental Law of Afghanistan promulgated in 2007 is quite comprehensive and covers most of the
aspects of natural resources management. The law requires inter alia that planning for sustainable use,
rehabilitation and conservation of biological diversity, forests, rangeland and other natural resources,
prevention and control of pollution, and conservation and rehabilitation of the environment from adverse
effects shall be an obligatory element of all national and local land-use plans and natural resources plans
developed by all relevant ministries and national institutions. (art.23). Thus, the Environment Law of
Afghanistan provides an overall framework to the environmental safeguards for the NHESP II (2015-2020).
Furthermore, it stipulates local communities should be involved in decision-making processes regarding

sustainable natural resource management (art. 23, Para 10), and that affected persons must be given the
opportunity to participate in each phase of the project (Art19, 1).
4.2.2 National Environmental Strategy (2008)
The National Environmental Strategy (NES) is part of the Afghanistan National Development Strategy
(ANDS), which provide a strategic direction towards policies addressing security, governance, economic
growth and poverty reduction related issues.
The NES aims at integration of environmental concern and policies in Afghanistan’s development plans. The
strategy highlights participatory and sustainable economic development without deterioration on natural
environment, and emphasis on mainstreaming environmental issues at strategic level into sector policies, so
that environmental considerations are incorporated into the design, implementation and monitoring of the
projects. The strategy also advocate for a proactive approach towards addressing environmental issues into
developmental project at the early stages of decision-making process so that negative environmental impacts
can be avoided or mitigated.
4.2.3 National EIA Regulations
The EIA regulations are issued in accordance with Article 22 of the Environmental Law and apply to activities
with significant adverse environmental impacts. The EIA regulations authorize the National Environmental
Protection Agency (NEPA) to review Environmental Impact Assessments for projects that has potential
adverse environmental impacts, and issue or not a certificate of compliance. NEPA also encourages
contractor and implementing agencies to use best international practices while mitigating the negative
impacts of the project activities.
NEPA is also authorized to receive all screening report of developmental project and decide within 35 days
after receiving the report. The certificate of compliance is issued within 45 days by NEPA after the receipt of
final impact assessment report.
The NHESP II of MoHE require minor construction and rehabilitation work, therefore as per the Afghanistan’s
EIA regulations, NHESP II’s activities fall under Category 2, which means ‘those activities whose effects on
human environments or environmentally sensitive areas are less adverse, are site specific and can be

managed by mitigation and monitoring plans. Besides this, considering the developmental needs, NEPA
acknowledges that EIA should not be too onerous a burden on the development agenda. An interim process
is designed to avoid undue delays thus preventing complaint that EIA will hinder the implementation of
projects (EIA Guidelines, 2008).
4.2.5 Law on Land Expropriation (LLE), 2005
The Law sets out the provisions governing the expropriation or acquisition of land for public interest
purposes, such as the establishment/construction of public infrastructure or for acquisition of land with
cultural or scientific values, land of higher agricultural productivity and large gardens. It declares, inter alia,
that: a) acquisition of a plot or portion of a plot land for public use is decided by the Council of Ministers and
is compensated at fair value based on current market rates (Article 2); b) the right of the owner or land user
will be terminated three months prior to the start of civil works on the project and after the proper
reimbursement to the owner or person using the land has been made. (Article 6); c) the value of land, value
of houses and buildings on the land and value of trees and other assets on the land will be considered for
compensation (Article 8; and f) compensation is determined by the Council of Ministers. This law is currently
under amendment.
The Law, however, is silent on resettlement. It makes no special provision for a resettlement plan or indeed
any arrangements for resettlement. A detailed comparison between the provisions of the LLE and World
Bank OP 4.12 is provided in section III.6.
4.2.6 Law on Managing Land Affairs (2008)
A combination of civil, customary, and religious laws govern land rights in Afghanistan while only one third of
the land has been subject to Cadaster.. Cabinet of Ministers in 2007 adopted Land Policy that provided
formalization of rights for informal settlements and tried to address administrative overlap. In 2008, Law on
Management of Land Affairs was adopted though currently under amendment. LMLA provides definition of
land types and defines which land claims are officially recongnized.
4.2.7 Law on the Protection of Historical and Cultural Properties (2004)
Law on the Protection of Historical and Cultural Properties was adopted in 2004. It is adopted pursuant to
article 9 of the Constitution. It defines historical and cultural properties as:
“(1) any product of mankind, movable or immovable, which has an outstanding historical, scientific, artistic
and cultural value and is at least one hundred years old”
“(2) the objects which are less than one hundred years old, but which because of their scientific, artistic and
cultural value, should be recognized as worthy of being protected”
According to the law, the people of Afghanistan are the owners of historical and cultural properties while the
State and the people are both responsible to preserve cultural and historical objects. In case of chance find of
such objects during the implementation of development work the following guidelines are provided:
a) Archeological Committee is responsible for maintenance, preservation and assessment of any site,
object and property that is of historical and cultural value,
b) In case Chance Find of historical and cultural objects occurs, it should be reported to the Archeological
Committee. In case historical artifacts are endangered due to the project work, project work should be
suspended until necessary plans for the preservation of the artifacts is in place,

c) In case of Chance Find of any artifacts, local and provincial authorities must be informed within two
weeks of time, who will then notify the Archeological Committee (11)
d) Failure to report chance find within the specified timeframe will be punished according to the law.
In case of any Chance Find, the implementing agency is responsible for the protection of the artifact from
theft, damage until the Archeological Committee takes over.
4.3 ENVIRONMENTAL SCREENING OF SUBPROJECTS UNDER NHESP II
In line with local environmental regulations, subprojects under the NHESP II will be screened for their
environmental and social impacts prior to approval and categorized based on the extent and severity of the
impacts. Categories include:
.
(i) Category A – subprojects that pose significant environmental and social impacts (due to the scale,
type and location of the investment) and will require the preparation of a site specific EIA for approval.
Such interventions are ineligible for NHESP II support;
(ii) Category B – subprojects such as building of new class rooms, facilities, and rehabilitation and
renovation of existing facilities, and dormitories thathave moderate or limited environmental and social
impacts, which can be mitigated and managed through an Environmental Management Plan (EMP)
and associated safeguard management plans. For example, construction of a university building may
require an EMP during the design and preparation of the subproject in order to ensure that
engineering and feasibilities options being considered are environmentally sound; and
(iii) Category C – subprojects such as procurement of technology, furniture, IT equipment, etc. that have
minimal or no negative environmental and social impacts and the insertion of environmental clauses in
the construction and supervision contracts for subprojects is adequate.
Most subprojects under NHESP II are expected to be Category B and can be managed effectively by an EMP
and related safeguard management plans where applicable.

5. INSTITUTIONAL ARRANGEMENTS, ROLES AND RESPONSIBILITIES IN THE ESMF IMPLEMENTATION
The MoHE is responsible for ensuring that the ESMF is applied towards all investments financed under the NHESP
II as well as future projects in the education sector. NEPA is the implementing agency responsible for environmental
management in Afghanistan and will be involved in the review and approval of EIAs prepared for subprojects, if
necessary. At the provincial and district level, the respective environmental officers will be involved in the review and
monitoring of EMPs.
OMST will assist MoHE in putting in place institutional arrangements for implementation of the ESMF and RPF. The
Policy and Plan Department in MoHE has the overall responsibility for engineering and safeguards aspects of
projects undertaken by MoHE and public universities. OMST will recruit an Environmental Safeguards Specialist
and a Social Safeguards Specialist who will be responsible for overall implementation of the ESMF and RPF during
Project implementation, and they will report to both the Director of Policy and Plan Department, MoHE and the
OMST Director. They will help set up within the MoHE satisfactory arrangements for preparing site specific EMPs
and RAPs if and when needed for any construction activities during implementation of the Project, and help build
capacity of relevant staff within the Policy and Plan Department of MoHE and universities for handling
environmental and social safeguards aspects. They will also help the MoHE/ University staff in monitoring of
implementation of mitigating measures per the EMPs and RAPs. They will prepare relevant sections on the project’s
compliance with satisfactory implementation of the EMSF and ESMPs, for inclusion in regular project progress
reports prepared by the OMST.
The Safeguards Specialists and relevant staff of the MoHE and implementing agencies/Consultants and contractor
will receive trainings in the application of the ESMF and site specific EMPs. The Safeguard Officers, in collaboration
with OMST Director, will be responsible for monitoring the environment and social performance aspects supported
by the NHESP II.

6. PUBLIC CONSULTATIONS
6.1 SUMMARY OF CONSULTATION FINDINGS
The GoA social and environmental team met with stakeholders representing the Government of Afghanistan,
including MoHE senior staff in Kabul, and with the representatives of the university community. Field visits
were undertaken to Nangarhar and Badakhshan universities to learn about the landscape and communities
living nearby the public universities.
During the consultation meetings, it was observed that the level of awareness about social and environmental
impacts is low among university staff and communities living near by the university campus. While meeting
with senior staff of MoHE in Kabul, the Consultant was informed that the MoHE has no experience with
ESMFs. However, MoHE welcomed the idea of ESMF and were supportive of the work. The key concern
from MoHE is about the implementation capacity for ESMP, which will later be developed with support from
the HEDP. The MoHE requested that the World Bank should provide both technical and financial support in
establishing a social and environmental safeguard unit at MoHE.
Based on consultations, research and assessment of the geographic location of public universities, the team
did not find significant potential negative impacts of the locations of public universities. A summary of the
consultations is provided as Annex 2.

7. IMPACT ANALYSIS AND PROPOSED MITIGATION MEASURES
The NHESP II and the proposed HEDP are not likely to result in significant adverse environmental or social
impacts. Subprojects under the NHESP II have the potential of localized, site-specific adverse environmental
impacts associated with the proposed construction/renovation including construction waste, dust and noise
pollution during construction, impact of increase construction traffic, social and health impacts due to
temporary establishment of workers’ camps, etc. Most of these impacts are well known and can be mitigated
using standard good construction practice embedded in the civil works contracts.
7.1 KEY ENVIRONMENTAL AND SOCIAL ISSUES AND IMPACTS ASSOCIATED WITH THE PROJECT
The following section describes the key environmental and social issues associated with the proposed project
based on a desk review, field visits to Badakhshan University, Nangarhar University and Kabul University and
from consultations with stakeholders undertaken between August and October 2014. The key issues
identified relate to water, land, and general disturbances (noise, air, waste). The proposed solutions are
applicable to all small and medium scale infrastructure and will require adequate implementation of mitigation
and monitoring measures.
Impacts can be divided into negative and social impacts associated with construction and operation, which
depends specifically on the size and nature of the intervention, site location, and affected parties (i.e.
communities and other stakeholders).
7.2 POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS
The proposed project aims to improve the quality and relevance of university education, so that students will
be equipped with competent skills that meet labor market demand.
Investment in higher education yields a variety of social and private benefits. Higher education has the
highest rate of return than any other human capital investment and returns to education are generally higher
among university graduates. Investing in higher education also impacts on the quality of lower tiers of the
education sector. Universities play a critical role in producing a pool of qualified teachers in secondary
schools. High school teachers with university degree are more likely to offer quality courses and ultimately to
improve learning outcomes among high school students. Therefore, accrued benefits of higher education
investments trickle down to the entire education sector.
In terms of the construction and rehabilitation work to be undertaken, there are also several positive impacts
associated with the civil works such as employment of local labor, creation of jobs, improvement of
associated existing infrastructure (secondary or access roads, rehabilitation of walkways/paths, improved
waste management and sanitation facilities), and positive economic impacts on small market suppliers for
raw materials needed during construction (ie building materials).
7.3 POTENTIAL NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS
As the majority of activities mainly the construction work will be on existing University premises, the potential
impacts that are likely to be encountered include:
 Site clearance: During site clearing, any vegetation that is not properly disposed of can block drains and

waterways, and also spread invasive species.
 Soil Erosion and Water Contamination: Gravel/soil brought for any filling purposes if not properly stored
and is exposed to the natural elements can be washed off to nearby streams, paddy lands, rivers and
low lying areas causing sedimentation. Storm water congestion on site can create inconveniences to
school activities and construction work. Improper placement of school laboratories and latrines can
cause groundwater contamination to streams and drinking water sources. Also wastewater generated
during construction and from labor camps can also contaminate drinking water sources if not properly
treated.
 Waste generation: Reconstruction work at universities may involve new construction of severely
damaged faculty buildings, whereby construction debris will be generated and need to be removed and
disposed. Various construction waste from construction related activities and labor camps will be
generated that can create an inconvenience if not properly managed. In addition, waste that is not
disposed of properly can become breeding grounds for water borne diseases.
 Transport: Transportation of material to and from the site will create disturbances during school hours;
can cause injury to children and increase traffic congestion in the area.
 Labor camps: As construction work will be conducted in the majority of cases on school premises, if
labor camps are required, location of camps and workers interactions with students can create negative
social impacts. In addition, the condition and treatment of workers in labour camps can directly impact
the communities and the subprojects and result in negative media attention and potential safety risks to
the public.
 Safety: Safety of workers, school children and residents will be an issue. Construction related operations
could generate safety risks to workers. Given work will be on school premises, construction sites that are
not cordoned off can cause potential safety hazards to students and residents who are too close to the
construction site.
 Noise: During site preparation and construction work noise will be generated due to construction related
work. During school hours this may create disturbances to classroom activities and to residents living
close to the construction site.
 Dust: Dust generated during clearing and construction work can cause difficulties for students who have
respiratory problems, and become a nuisance during school hours. Soil/ gravel kept for long periods
without proper cover can generate dust and become an inconvenience during school hours and for
surrounding residents. Transportation of materials to site will also generate dust. Decommissioning of
existing structures can also create dust that is potentially hazardous.
7.5 GENERAL ENVIRONMENTAL AND SOCIAL CONCERNS DURING CONSTRUCTION AND OPERATION
Impacts resulting from construction/renovation of small and medium scale infrastructure do not present
significant impacts if carefully managed. These concerns are usually related to occupational, health and
safety (OHS), and are manageable and easily addressed using appropriate mitigation measures in the civil
works contracts.
In case of construction work the following adverse social impacts can be expected:

 Temporary impacts on houses and business from construction work such as noise, waste generation,
debris and other dangers;
 Restriction of access to farms, other sources of livelihood and assets;
 Risk of damage to archaeological or historical sites;
 Community disputes;
 Security issues as a result of presence of staff from outside the community;
 Presence of large number of students in the neighborhood may disrupt the social life or community
norms (cultural, economic and social); and
 OHS risks associated with lack of adequate occupational, health and safety measures used on site
including lack of personal protective equipment (PPE).
 Labor and working conditions – compliance with national laws including ILO conventions, collective
bargaining agreements, employment practices and risks of labor standard violations.
General issues during operation include:
 Availability of functioning and maintained sanitation facilities (often not functioning due to a water
shortage);
 Improper disposal of wastewater (e.g. construction of infrastructure may dispose wastewater in
percolation pits without conducting as assessment of the surrounding environment, so it is important to
identify its sensitivity and accordingly whether there are potential environmental and/or public health
risks); and
 Improper management of solid waste generated by the project (and other potential sources). This
usually results in the accumulation of waste on or around the subproject premises/area.
 Health and safety risks associated with lack of adequate safety measures in place (e.g. life and fire
safety plan, emergency preparedness, etc).
7.6 POTENTIAL CUMULATIVE IMPACTS
In general, NHESP II interventions may individually have minimal adverse environmental and social impacts.
However, several subprojects in combination, or in combination with other government or private sector
activities, could have a larger and more significant cumulative impact. This is likely to be the case in terms of
potential vegetation clearing, groundwater depletion, or surface water pollution.
This is particularly likely to be the case for:
 Deforestation due to the exploitation of forest resources, owing to the use of timber and poles for
construction. The NHESP II will take necessary measures to ensure that deforestation and use of
forest resources which are not sourced from certified sustainable forests is avoided and minimized to
the extent possible;
 Groundwater depletion owing to the demand for water for construction;
 Surface water depletion, for the same reasons as above.
In addition, resettlement due to the acquisition of land may combine with induced migration of people (for
labor, services etc.) to place greater pressure on natural resources in particular areas. The avoidance and
mitigation of cumulative impacts requires: avoidance and mitigation of the impacts of individual projects;
careful planning, based on sound technical knowledge, of the location, size, and material requirements of
infrastructural projects.

7.7 PROPOSED MITIGATION AND MONITORING MEASURES
In order to avoid or minimize impacts associated with activities under the NHESP II, mitigation measures
must be implemented as part of the subproject construction and operations to ensure compliance with local
and international environmental and social guidelines and standards. These measures must be included as
part of the subproject EMP and will be budgeted for in the Technical Specifications of each subproject.
Technical Guidelines (refer to Annex 3) have been prepared which outline and illustrate the required
mitigation measures corresponding to specific environmental and social impacts associated with types of
activities. These guidelines should be used to assist in the preparation of required EMPs/EIAs and include:
1: Prevention of and Protection from Soil Erosion.

2: Prevention of and Protection from Land Slides.
3: Use of Quarries.
4: Disposal of Spoil Material, including harmful substances.
5: Management of Dust.
6: Protection of Historic and Cultural Sites and Facilities.
7: Management of Lubricants, Oils and Fuels.
8: Health and Safety
In addition, it is recommended to apply best practice guidelines for occupational, health and safety as
outlined in IFC’s Occupational, Health and Safety Guidelines
http://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final+-
+General+EHS+Guidelines.pdf?MOD=AJPERES
These guidelines are considered international best practice and apply to design, construction and operation
of all types of infrastructure projects.
A set of monitoring indicators will be used to verify compliance with local and international standards and to
identify correction actions for subprojects failing to meet these standards. These indicators will be applied
when undertaking annual monitoring reports.

8. PROCESS FOR SUBPROJECT PREPARATION, IMPLEMENTATION AND MONITORING
This section sets out the environmental and social assessment procedures, reporting systems, and
responsibilities to be adopted by the implementing agencies for the second NHESP II. The design of this
assessment system complies with both the World Bank’s safeguard policies and the GoA EIA regulations and
related guidelines.
The section begins with details of issues that will be addressed and the specific next steps to be taken and is
supported by tools and guidelines provided as ESMF Operational Tools and Guidelines. It then describes the
various elements of this ESMF including:
 Steps to be taken for the screening, review and appraisal of proposed investments / applications;
 Procedures for preparation of EMPs and related management plans (RAPs) for subprojects;
 Guidelines on the environmental and social impact of project investments; and
 Compliance mechanisms.
The following table outlines the key roles and responsibilities for implementing the subproject screening,
appraisal, review, and monitoring requirements under the ESMF.
Table 8.1 Roles and responsibilities in subproject E&S planning and implementation
Activity Responsible person/authority

OMST Environmental Safeguard Specialist
Initial screening in the field
and Social Safeguard Specialist
Assignment of environment category OMST Environmental Safeguard Specialist
Analysis of screening findings and preparation of
OMST, MoHE and independent consultants
EIAs/EMPs, SIAs and RAPs
Issue environment permit that confirms EIA is satisfactory NEPA
Implementation of EMPs and RAPs Independent contractor
Environmental monitoring OMST, MOHE, District Environmental Offices
The selection, design, contracting, monitoring and evaluation of construction projects under the GoA program
will be consistent with the following guidelines, codes of practice and requirements:
 An Exclusion List which indicates whether a proposed subproject ineligible for support;
 An Environmental and Social Screening Form;
 EIA and EMP sample templates;
 Public Consultation and Disclosure Plan;
 The requirement that confirmation is received through the Regional Mine Action Center that areas to be
accessed during reconstruction and rehabilitation activities have been demined;
 Environmental Guidelines for Contractors;
 Guidelines on Protection of Cultural Property and Change Find Procedures

8.1 SCREENING AND REVIEW PROCESS
The NHESP II is classified as a category B program. Thus investments under it may be associated with minimal
negative impacts and some with moderate environmental and social impacts. Since the specific details and
locations of the new construction and rehabilitation works are not known at this time, the environmental and social
screening process (the screening process) is necessary for the review and approval of the engineering plans, for the
development of new and the rehabilitation of existing facilities. The objectives of the screening process are to:
 Determine the level of environmental work required (i.e. whether an EIA is required or not; the
requirement and the scope of EMP to be prepared; whether the application of simple mitigation
measures will suffice; or whether no additional environmental work required);
 Determine the level of social impact analysis that is required (i.e. whether a Social Impact
Assessment (SIA) is needed);
 Determine appropriate mitigation measures for addressing adverse impacts;
 Determine which construction and rehabilitation activities are likely to have potential negative
environmental and social impacts;
 Facilitate the review and approval of the screening results of the sub-projects.
 Provide guidelines for monitoring environmental and social parameters during the construction,
rehabilitation, and operation of the sub-projects.
Once a subproject has been submitted for financing, the investment will be screened using the screening
form provided as Annex 4. The screening form, when completed, will provide information on the assignment
of the appropriate environmental category (A, B or C) to a particular activity for construction of new facilities
or rehabilitation of existing structures.
During screening, the Safeguard Specialist will also determine whether a Social Impact Assessment is
required. TOR for an SIA is provided in Annex 5.

Figure 8.1 Flow diagram of environmental and social screening of sub-projects under NHESP II
Step 1: Identification of Investment proposed

under NHESP II and Environmental and Social
Screening
Step 6: Implementation and monitoring

by Environmental Safeguard Specialist Step 2: Environmental Screening, and
preparation of TOR for EMP, SIA and EIA (if
Subproject dropped or necessary)
rejected. Refer back to (Category A is ineligible for financing)
MoHE / Deputy Minister
Step 5: Public Consultation and Step 3: Prepare EMP, EIA, SIA

Disclosure for EIAs, SIA and RAP and RAP (if necessary)
EMPs do not require disclosure as per
World Bank guidelines
Step 4. Review and approval of EIA from NEPA

Category B projects with EMPs do not require
approval
8.2 APPRAISAL AND APPROVAL
8.2.1 Appraisal
After reviewing the information provided in the environmental and social screening form, and having
determined the appropriate environmental category, the Environmental Safeguard Specialist will determine
whether (a) the application of simple mitigation measures outlined in the Technical Guidelines will suffice; (b)
an EIA will need to be carried out, using the national EIA guidelines or a preparation of an Environmental
Management Plan (EMP); or (c) no additional environmental work will be required.
8.2.2 Preparation of an EIA and SIA
For project interventions, such as infrastructure services, that are screened and categorized as a B project,
the Proponent will be required to prepare an EMP. If it is a category B that is likely to have some adverse
environmental and social impacts, then a limited EIA/SIA is required. The EIA/SIA will identify and assess the
potential environmental and social impacts for the planned activities, assess alternative solutions and present
the mitigation, management and monitoring measures to be adopted. These measures will be quoted in the
EMP and/or RAP for the subproject. The preparation of the EIA/SIA and the EMP and/or RAP will be done in
consultation with all relevant stakeholders and project affected people.
An SIA will be undertaken if the subproject is expected to have a significant impact on people losing their
land, assets and livelihood, or on the neighbouring communities (ie vulnerable groups that will be affected by
labour influx, economic disparities), disruption to local businesses during construction, public health and
safety etc. A terms of reference for an EIA is provided in Annex 6 and an SIA in Annex 5.

8.2.3 Preparation of an EMP
The Proponent will undertake the assessments in consultation with the Environmental Safeguard Specialist.
An EIA/EMP will be prepared based on findings of the initial environmental and social screening.
The format for the EMPs will follow the requirements under the NEPA guidelines and the OP 4.01
requirements. As part of the EA process, EMPs will need to be prepared and implemented for Category B
projects. For those subprojects which trigger the safeguard policy on cultural property, a plan will be required
(e.g. a cultural resources management plan). The EMP should be a short and concise document (between 5
– 10 pages) and must contain the necessary sections as outlined in Annex 7. Mitigation and monitoring
measures will be identified on the basis of best practice guidelines and the Technical Guidelines.
Environmental contract clauses should be included in the Technical Specifications and be accounted for as
part of the subproject investment’s overall implementation budget. Examples of such contract clauses are
provided in Annex 8. Specific clauses related to land mine risk management are provided in Annex 9.
Effective implementation of the EMP will ensure that the appropriate mitigation measures have been
employed to avoid and/or minimize any potential impacts resulting from the proposed activity.
The EMP for each investment will outline the appropriate budget required to implement measures for
mitigation and monitoring. It will also indicate the costs of training and capacity building required. Costs
should be calculated based on estimates provided by Contractors for any mitigation measures required
during the civil works. For example:
 Costs of ensuring the appropriate dust suppression mechanisms are in place during excavation
works must be calculated and included in the tender documents;
 Costs of installing erosion control measures should be estimated as part of the engineering costs;
 Training of staff on environmental and operational, health and safety issues should be outlined in
detail; and
 Costs of monitoring noise during construction should be calculated based on the frequency of
monitoring and cost of equipment.
8.2.4 Preparation of Management Plans Related to Resettlement and Physical Cultural Resources
If identified as a requirement of the subproject through the screening process, a Resettlement Action Plan
and chance find procedures are prepared alongside or as an integrated part of the subproject’s management
plan.
(a) Resettlement Action Plan
If the SIA indicates that project will negatively impact people who lose land, assets or livelihood, a RAP will
be prepared. . Annex 1 contains the RPF procedures which sets out the guidelines and procedures to be
followed in case a RAP is needed for the NHESP II subprojects.
(b) Physical Cultural Resources Management
As the NHESP II investments may encounter possible impacts to cultural property during
construction/excavation, it is important that the EIA also identify the process for addressing impacts through
chance find procedures. Measures will need to be integrated into the EMP to address the following areas:
• Avoidance or mitigation of identified adverse impacts;
• Provisions for chance finds;

• Measures for strengthening institutional capacity; and
• Monitoring systems to track progress of these activities.
The plan should be consistent with the GoA’s overall policy framework and national legislation, the World
Bank OP 4.11 for Physical Cultural Resources, and should take into account institutional capabilities relating
to the management and preservation of physical cultural resources.
8.2.5 Approval
The Environmental Safeguard Specialist in the OMST will review the EMPs and if necessary EIAs (in
consultation with NEPA) to ensure that all environmental and social impacts have been identified and
effective mitigation measures have been proposed and incorporated into the sub-projects and an EMP with
associated costs prepared. If EIAs are required, these will need to be reviewed and cleared for disclosure by
the World Bank and NEPA. A template for Notification of ESMF Clearance is provided in Annex 10.
It is important to note that this review and approval process is to be carried out in parallel with the review and
approval of the technical, economic, financial and other aspects of the subprojects. Implementation of
subprojects cannot commence until the environmental and social aspects have been reviewed and
appropriate mitigation measures have been adopted.
As regards social impacts due to land acquisition, the physical construction works cannot start until the
resettlement and/or compensation plans have been prepared and implemented and compensation paid to
affected people.
8.3 PUBLIC CONSULTATION AND DISCLOSURE
In compliance with World Bank guidelines and in GoA EIA regulations, for subprojects whereby an EIA, SIA
or RAP are required, the EIA, SIA and RAP documents must be made available for public review at a place
accessible to local people (e.g. at a local government office), and in a form, manner, and language they can
understand. A template for a public consultation plan is provided as Annex 11 and a sample disclosure
notice for the EIA/SIA/RAP is provided in Annex 12. EMPs do not need to follow the EIA process for
consultation and disclosure.
8.4 MONITORING AND ANNUAL REPORTS
The OMST/MoHE in conjunction with the relevant Districts and Directorates will monitor the implementation
of environmental mitigation measures based on the Contractor’s work plan for subprojects.
8.4.1 Monitoring and Reporting of Subproject Mitigation and Management Plans
The OMST/MoHE will require the implementing agencies (universities) participating in the NHESP II to
prepare an appropriate environmental supervision plan and supervise implementation of the EMP within the
overall plan for the subproject. Accordingly, the supervision arrangements for the EMP will focus on critical
risks to implementation of the EMP, how such risks will be monitored during implementation and agreements
reached with the Proponent.
Supervision of the EMP, along with other aspects of the project, covers monitoring, evaluative review and
reporting and is designed to:

 determine whether the project is being carried out in conformity with environmental safeguards and
legal agreements;
 identify problems as they arise during implementation and recommend means to resolve them;
 recommend changes in project concept/design, as appropriate, as the project evolves or
circumstances change; and identify the key risks to project sustainability and recommend
appropriate risk management strategies to the Proponent.
The OMST in collaboration with the district offices will monitor the implementation of the environment
mitigation measures on a sample of subprojects on quarterly basis, and report these to the World Bank with
the same frequency. On annual basis the OMST in collaboration the MoHE will carry out a national
assessment of subproject performance on E&S as part of the Project’s overall monitoring program.
Monitoring of the compliance of project implementation with the mitigation measures set out in its EMP and
associated management plans will be carried out by the OMST in coordination with the Proponent (ie
academic facility). The Environmental Safeguard Specialist in the OMST in collaboration with the engineering
team will have responsibility for carrying out this monitoring by regularly visiting the projects, and pursuing the
following corrective measures as required. Compliance monitoring comprises on-site inspection of
construction activities to verify that measures identified in the EMP are included in the clauses for contractors
are being implemented. This type of monitoring is similar to the normal tasks of a supervising engineer
whose task is to ensure that the Contractor is achieving the required standards and quality of work.
Once implementation of the subproject has started, regular supervision missions will be carried out
(preferably by a third party) and an annual monitoring report must be submitted to the MoHE, OMST and
World Bank for review.
The cost of implementing and monitoring the EMP for the subproject by the implementing agency (university)
will be included in the budget of the subproject.
8.5 ANNUAL REVIEWS
An independently commissioned environmental and social audit will be carried out on an annual basis. The
audit team will report to the OMST, MoHE and the World Bank. OMST and MoHE will lead the
implementation of any corrective measures that are required. An audit is necessary to ensure (i) that the
ESMF process is being implemented appropriately, and (ii) that mitigation measures are being identified and
implemented. The audit will be able to identify any amendments in the ESMF approach that are required to
improve its effectiveness.
An annual audit report will include:
 A summary of the environmental performance of the NHESP II based on EIAs and EMPs;
 A presentation of compliance and progress in the implementation of the subproject EMPs;
 Number of written warnings of violation of EIAs/EMPs issued to project proponents;
 A synopsis of the environmental monitoring results from individual subproject monitoring measures (as
set out in the subproject EIA/EMPs).

The OMST (through the contractor) will also perform an annual audit of the subprojects using the E&S Audit
Form provided in Annex 13 and submit the audit to the MoHE.

9. GRIEVANCE REDRESS MECHANISM
There has been increasing focus on the informed participation of people who are going to be affected by any
subproject such as the one identified in the NHESP II (2015-2020). Civil society is considered as important
actors in such situations. Among the tools encouraged by development agencies to address issues of conflict
at its earliest is the Grievance Redress Mechanism (GRM) largely to prevent a conflict from erupting thus
resolving an issue of contention through dialogues and saving lot of resources that could otherwise be easily
consumed by a conflict. It also reduced operation risks, which may result into keeping lot of resources
available for operation activities.
9.1 OBJECTIVE OF THE GRIEVANCE REDRESS MECHANISM (GRM)
In order to ensure transparency and accountability in the implementation of NHESP II and the HEDP project,
MoHE will establish a GRM with a clear set of goals and objectives and a well-defined scope for its
interventions, as well as a set of procedures for receiving, recording, and handling complaints. For ESMF
implementation related grievances, the MoHE will establish a Grievance Redress Committee (GRC)
consisting of a MoHE Chair, the Director of Policy and Plan Department in MoHE, the Director of OMST for
HEDP,the Project’s Environmental and Social Safeguards Specialists, representatives of relevant community
or group, and a member of a recognized non-government organization. The GRC members should be
qualified, experienced, and competent personnel who can win the respect and confidence of the affected
communities. The GRM will include procedures for:
 recording, registering, and sorting grievances;

 conducting an initial assessment of grievances;
 referring grievances to appropriate units or persons;
 determining the resolution process;
 making decisions, including parameters and standards for accurate and consistent decision making;
 directing relevant agencies responsible for implementing decisions;
 notifying complainants and other affected parties of eligibility, the resolution process, and outcomes; &
 tracking, monitoring, documentation, and evaluation.
Depending on the nature and the severity of the complaint/s, the GRC in consultation with the Project
Affected Persons (PAPs), will identify and decide on an approach for grievance resolution. Where
appropriate, APs will be provided opportunity to make an appeal and put their demands in order to be
compensated. AP’s will also be given the choice of selecting an affordable approach with which they are
comfortable and protected in order to be compensated..
In projects with small-scale infrastructure, construction-related complaints can be numerous and managing
them is the Contractor's responsibility under its contract with the implementing agency. Usually these kinds of
complaints are described as environmental impacts and include issues related to dust, flooding, blasting
(noise, vibration, evacuation), lost access, dangers to life, damage caused to public roads from heavy
machinery, deteriorating water quality and quantity, damage to property and crops, soil erosion, and others.
9.2 TYPES OF GRIEVANCES
Grievances arising from the implementation of infrastructure projects could be inevitable. As has been the
case to date, many grievances may be solved at the neighborhood with the help of local authorities or may
be officials of MoHE. Others will need to be referred to GRC and, if not resolved at this level, be subject to
an appeals process. While most grievances will arise from residents, issues might also be raised by those

outside of a sub-project area or even by service-providers and other institutions. Grievances might include
the following:
a) Inter-community dispute: Implementation of project may have direct impact or indirect on the lives and
property of the people.
b) Procurement issues especially local one: implementation procedures provide for contracting of private
construction companies through a process of competitive bidding. This may result in grievances about
selection and management of contracts, the quality of materials delivered or the works undertaken on
site.
c) Process delays: There may be some delays in various processes implementation of social development
project and they may frustrate the local people.
d) Grievance due to presence of security forces
e) Grievance of women in the area
f) Service delivery grievances
g) Grievances arising from construction work
h) Grievance among the more conservative elders who may see a university as a threat to their culture and
way of living.
i) Grievances related to land acquisition and compensation
9.3 GRIEVANCE HANDLING SYSTEM
In the context of university construction, a complaint is defined as an oral or written expression of

dissatisfaction or concern about facilities or services provided, or about actions or lack of actions taken, and
can be made by individuals or groups. Grievances might take the form of enquiries regarding the nature or
purpose of services or facilities, or suggestions as to alternative ways in which the purpose of an activity
might be achieved (refer to Figure 9.1).
The objective of the University grievance/complaint handling system is to ensure that the views and concerns
of those affected by the construction and function of University activities are heard and acted upon in a
timely, effective and transparent manner.
It will clearly not be possible, through the proposed grievance handling system, to address each and every
grievance or dispute that may afflict a group of people whose divisions or disagreements may not only pre-
date project activities, but lie beyond their scope or the competence of project staff to resolve. For this
reason, the grievance system as proposed will primarily (but not exclusively) handle issues that emerge from
the construction of university activities, or can be plausibly described as a consequence of these. The
grievance system will continue to function in order to receive grievances with regards to the functioning of the
university including regular campus related grievances raised by local communities.
It is important that the grievance redress and registration team would strictly adhere to the mechanism, avoid
dealing with extra-project complaints to maintain its neutrality.

Figure 9.1 Process model for Grievance Redress Mechanism
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9.4 PRINCIPLES, PROCEDURES & TIMELINES
Three basic ‘service standards’ shall underpin the proposed systems for handling these, as follows:
a) All grievances submitted in writing to staff assigned under University Grievance Redress Mechanism will
be formally recorded, and a written acknowledgement issued.
b) Grievances will be dealt with on a referral basis; those that can be locally resolved and those not
resolved locally will be referred to the grievance committee for intervention. While the Bank will always
be kept informed about the process, results and hurdles.
c) Every effort will be made to address or resolve grievances within fixed time-lines, which will be an
indicator against which the performance of the handling system is evaluated:
o Acknowledgement of a written submission will be issued to the complainant within 5 working

days.
o If not resolved earlier by supervisory staff on site, grievances will be tabled for
discussion/resolution by the GRC within 4 weeks of receipt of the written submission.
o If the GRC does not resolve the issue on time and in satisfactory manners, the grievance will be
referred for consideration through the OMST to the MoHE leadership within 2 months.

10. CAPACITY BUILDING AND TRAINING
Successful implementation of the ESMF will rely on (a) establishing the OMST’s capability to ensure that the
subprojects are screened and appraised appropriately; and (b) regular monitoring and reporting to track
performance of the subprojects. The project staff within the MoHE and the OMST will supervise and
coordinate the project. However, the OMST, responsible for coordinating the Project, will not be capable of
handling the workload under the ESMF without a Specialist trained to support the Unit in implementing the
ESMF and RPF.
To ensure that the provisions of the ESMF are clearly understood within the OMST and MoHE, a workshop
describing the procedures and tools of the ESMF will be held for implementing agencies during the first
month of the project as part of this capacity building program. This will be supplemented by an ongoing
capacity building and training budgeted for under the Project.
10.1 APPOINTING ENVIRONMENTAL AND SOCIAL SAFEGUARD SPECIALISTS
The OMST will assist MoHE in putting in place institutional arrangements defined in the ESMF. OMST will
recruit an Environmental Safeguards Specialist and a Social Safeguards Specialist who will be responsible
for overall implementation of the EMSF during Project implementation (TORs provided in Annex 14 and 15
respectively). They will help set up within the MoHE satisfactory arrangements for preparing site specific
environmental and social management plans if and when needed for any construction activities under the
NHESP II, and help build capacity of relevant staff within the Policy and Plan Department of MoHE and
universities for handling environmental and social safeguards aspects. They will also help the MoHE/
University staff in monitoring of implementation of mitigating measures. They will prepare relevant sections
on the project’s compliance with satisfactory implementation of the ESMF and EMPs, for inclusion in regular
project progress reports prepared by the OMST.
In order to start developing long term human capacity in environmental and social safeguards, the Project
includes higher education in environmental management, land management and related areas in priority
degree programs to be promoted under the Project.

10.2 TRAINING
The Environmental and Social Safeguard Specialists with relevant staff of engineering team of MoHE funded
projects will undergo training in the application of the ESMF in the form of a workshop as proposed in Table
10.1. During supervision of the project, the MoHE in technical assistance by its multi-lateral partners such as
the World Bank will assess the implementation of the Framework directly or through third party, and if
required, will recommend additional strengthening.
In order to strengthen capacity in the implementation of ESMF two institutions will need capacity building:
NEPA and MoHE’s policy and engineering departments.
The participants to the workshop will include the five local council sector heads from Forestry, Environment,
Agriculture, Health and Water. Regional meetings will be organized and facilitated by Ministry of Higher
Education, Department of Environmental Affairs, and Department of Lands and Valuation. The workshop
provides attendees with the basic approach to implementing the guidelines provided in the ESMF combined
with the use of the appropriate tools, such as the screening form, EMP template and ESMF Annual Reporting
Form. Refresher courses will be held as needed during the course of the project lifecycle.
The workshop will be prepared and undertaken by a local Consultant with relevant experience in the
proposed topics and highly familiar with E&S related to infrastructure development in order to provide good
case studies.
Table 10.1 Proposed training format for ESMF implementation
Module Duration
Day 1
Introduction 1 DAY
 Objective of the ESMF and RPF
 Key stakeholders with a role in the ESMF and RPF
 Relevant legislative and regulatory acts and World Bank safeguard policies
 Structure and role of relevant governmental authorities and NGOs as relates to the provision of
academic facilities
Day 2 1 DAY
Summary of guidelines for the subprojects
 Screening and categorization

 Appraisal and approval (for EIAs/SIAs)
 Disclosure
 Annual Review
 Annual Reporting
Capacity building requirements 0.5 DAY
Budgeting for the implementation of EMPs, RAPs and other safeguard management plans 0.5 DAY
Total 3 days

11. ESMF IMPLEMENTATION BUDGET
The cost for ESMF implementation at MoHE is estimated at $350,000 during the HEDP project, including the
cost of two officers, capacity building trainings to its stakeholders, and providing implementation support and
monitor implementation of EMPs and RAPs. Topics to be covered at the workshops would include:
 Infrastructural development activities under the Higher Education Strategic Plan (2015-2020)
 Guidelines for Environmental and Social Screening process;
 Preparation of EMPs for construction/rehabilitation works; and
 Gender assessment and mainstreaming within project activities.
Table 11.1 Budget Estimate for the Implementation of the ESMF (2015-2020)1
1. Recruitment of Environmental Safeguard Specialist and Social Safeguard Specialist at MoHE. = $200,000
2. Workshops on ESMF implementation with stakeholders at the university and national/regional level = $50,000
3. Implementation and monitoring of the EIA/EMP/SIA for the proposed universities/ visits = $100,000
Total = $350,000
1
Implementation period for the HEDP Project.

Environmental and Social Management Framework

Higher Education Development Project
OPERATIONAL TOOLS AND TECHNICAL GUIDELINES

Annex 1: Sectoral Resettlement Policy Framework for NHESP II
This Resettlement Policy Framework (RPF) sets out the general principles and steps to be followed in connection
with any land acquisition and resultant resettlement which will occur during the implementation of projects such as
university or institutes of higher education by or with the co-operation of the Ministry of Higher Education. The RPF
for the MoHE is drawn from the RPF designed for the Central Asia South Asia Electricity Transmission Project
(CASA 1000), which was customized on the basis of an RPF cleared by an interministerial committee in December
2010 for Ministry of Energy and Water.
Common standards and approaches to resettlement across government increase efficiency and effectiveness in the
administration of such programmes. Officials can more easily grasp what is required; capacity can be enhanced and
affected persons (APs) in all projects will have greater confidence that they are being treated fairly, so reducing the
likelihood of grievances and legal and other challenges to resettlement which can delay the implementation of
projects. Common standards in practice will also make it easier to develop a national law on resettlement as and
when the government decides to move in that direction.
Definitions of words and phrases used in the RPF
Affected Persons (APs), for the purposes of this RPF, mean all the people directly affected by project-related land
acquisition that leads to their physical relocation or loss of assets, or access to assets, with adverse impacts on
livelihoods. This includes any person, household (sometimes referred to as project affected family), firms, or public
or private institutions who on account of project-related land acquisition would have their (i) standard of living
adversely affected; (ii) right, title or interest in all or any part of a house, land (including residential, commercial,
artisanal mining, agricultural, plantations, forest and/or grazing land), water resources or any other moveable or
fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or
temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or
without displacement. APs therefore include; i) persons affected directly by the acquisition or clearing of the right of-
way or construction work area; (ii) persons whose agricultural land or other productive assets such as mining, trees
or crops are affected; (iii) persons whose businesses are affected and who might experience loss of income due to
project-related land acquisition impacts; (iv) persons who lose work/employment as a direct result of project-related
land acquisition ; and (v) people who lose access to community resources/property as a result of project-related
land acquisition.
Census means the pre-appraisal population record of potentially affected people, which is prepared through a count
based on village or other local population data or census.
Compensation means payment in cash or kind for an asset to be acquired or affected by a project at replacement
costs.
Cut-off-date means the date after which people will not be considered eligible for compensation, if they are not
included in the list of APs as defined by the census. Normally, the cut-off date for the titleholders is the date of the
detailed measurement survey.
Displacement means either physical relocation or economic displacement directly caused by project-related land
acquisition.
Detailed Measurement Survey means the detailed inventory of losses that is completed after detailed design and
marking of project boundaries on the ground.
Encroachers mean those people who move into the project area after the cut-off date and are therefore not eligible
for compensation or other rehabilitation measures provided by the project.

Entitlement means the range of measures comprising cash or kind compensation, relocation cost, income
rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business
restoration which are due to APs, depending on the type and degree and nature of their losses, to restore their
social and economic base.
Livelihood Restoration means the measures required to ensure that APs have the resources to at least restore, if
not improve, their livelihoods. Restoration oflivelihood of all APs is one of the key objectives of the World Bank’s
resettlement policy. It requires that people are given the means and assistance necessary for them to improve, or at
least restore, their livelihood and living conditions to pre-project levels.
Inventory of Losses means the pre-appraisal inventory of assets as a preliminary record of affected or lost assets.
Jerib means the traditional unit of measurement of Afghanistan. One Jerib is equivalent to 2,000 square meters of
land. One hectare is equivalent to 5 jeribs.
Land Acquisition means the process whereby a person is compelled by a public agency to alienate all or part of the
land s/he owns, possesses, or uses, to the ownership and possession of that agency, for public purposes, in return
for prompt and fair compensation. This includes direct acquisition and easement.
Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes
people using private or state land without permission, permit or grant.
Poor Those falling below the UN poverty line of 1 dollar per person per day or equivalent to 52 Afghanis.
Relocation means the physical shifting of APs from his/her pre-project place or residence, place for work or
business premises.
Rehabilitation means the assistance provided to severely affected APs to supplement payment of compensation for
acquired assets in order to improve, or at least achieve full restoration of, their pre-project living standards and
quality of life to pre-project level.
Replacement Cost means the method of valuation of assets that helps determine the amount sufficient to replace
lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets
should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms
(e.g., access to public services, customers, and suppliers; or to mining, fishing, grazing, or forest areas), attempts
are made to establish access to equivalent and culturally acceptable resources and earning opportunities.
Resettlement means all social and economic impacts that are permanent or temporary and are (i) caused by
acquisition of land and other fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land as a
result of the project.
Resettlement Plan means the time-bound action plan with budget setting out resettlement strategy, objectives,
entitlements, actions, responsibilities, monitoring and evaluation.
Severely Affected APs means APs that are affected by significant impacts within the meaning of the definition
below.
Significant Impact means PAPs are (i) being physically displaced from housing, or (ii) losing ten per cent or more of
their productive assets (income generating).

Sharecropper and/or Tenant cultivator is a person who cultivates land they do not own for an agreed proportion of
the crop or harvest.
Structures mean all structures affected, or to be acquired, by the project such as living quarters, wells, hand pumps,
agricultural structures such as rice bins, animal pens, stores/warehouses, commercial enterprises including
roadside shops and businesses.
Squatters mean the same as non-titled person i.e. those people without legal title to land and/or structures occupied
or used by them. World Bank policy explicitly states that such people cannot be denied assistance to restore
livelihoods and living conditions based on the lack of title.
Temporary displacement means displacement where an occupier or owner of land is required to vacate land for a
limited period to enable public works to be carried out on the land but can then return to the land and use it as
before the displacement.
Vulnerable means any people who might suffer disproportionately or face the risk of being marginalized from the
effects of resettlement i.e; (i) single household heads with dependents; (ii) disabled household heads; (iii) poor
households; (iv) elderly households with no means of support; (v) the landless or households without security of
tenure; and (vi) ethnic minorities.
1. PROJECT BACKGROUNF AND RPF OBJECTIVES
1.1 Project Context
The Ministry of Higher Education is mandated to expand higher education across Afghanistan and donor agencies
and organization in the light of needs for education has extended aid and technical support to the ministry of carry
out its plans in line with international best practices.
Construction of University or institution for higher education may force displacement of people in an area which will
automatically trigger certain international and organizational standards to be adhered to. Development of new
institution is to bring benefits to the society and country and it therefore the chance of adverse social impact needs
to be either prevented or minimized.
1.2 Proposed objective
Census and survey procedures for projects with resettlements differ from those in most other projects in one
important respect: because final technical designs often cannot be known until we know the requirements of the
project in this case university or institute of higher education The remedy is either to deliberately extend the census
and surveys to include the maximum envelope of impact or to estimate the resettlement impact in the areas where
the project is the be implemented.
Construction of university may entail displacement. Building or expansion can also affect property use, and
restrictions on land use can affect incomes. As with compensation for land acquisition an easement fee, combined
with payment for any crop damage, may be appropriate way to compensate for periodic access. Such easement
fees range from 5 to 20 percent of the replacement cost of the affected land. In most cases, no compensation is
paid for a decrease in property value as a result of construction.
This RPF is designed to tackle the specific issues noted above and set out a clear framework for the , assessment,
mitigation and compensation and, where necessary, the settling of disputes arising out of such activities with
respect to resettlement, albeit temporary on occasions, and compensation

1.3 Purpose of a Resettlement Policy Framework
Activities to be financed under the NHESP II have not and cannot be finalized at this stage so it is not possible at
this stage to develop any site-specific resettlement plan with the full details of all Affected Persons who are likely to
have to be relocated or who are going to suffer adverse impacts from project-related land acquisition The purpose of
the RPF is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to
specific transmission line activities as and when they take place. In this way a consistent approach to resettlement
practice will be ensured for all activities involving land acquisition and displacement.
In addition, an RPF can contribute to the development of technical capacity within the Ministry of Higher Education
in the following ways:
(i) Provision of technical assistance to the OMST within the Ministry and its regional offices involved in project
implementation, including project management, procurement, contract management, financial management, survey
construction supervision and quality control, and environmental and social management.
(ii) Support for building capacity in MoHE in various technical fields in procurement, contract management, financial
management, internal audit, monitoring and evaluation, and management of environmental and social issues.
(iii) Support for building capacity of local institutions including community groups, university faculties, and local
construction industry.
(iv) Support for the continuation and strengthening of monitoring and evaluation activities including input, output,
process, and outcome monitoring. Progress of various components would be monitored as an integral part of
NHESP II implementation. The OMST will be responsible for monitoring physical progress and collation of progress
reports. Monitoring of Results/Outcomes would be carried out by an M&E Unit independent of the OMST. This Unit
will be responsible for collection and analysis of panel data, conducting a limited number of case studies, and for
providing continuous feedback to the OMST. The M&E Unit would be strengthened through training and provision of
specialists and field staff.
There are several interlinked issues that must be addressed by way of introduction to the policy. First, the
resettlement policy framework is required to be consistent both with the World Bank’s Operational Policy 4.12 which
deals with Involuntary Resettlement and with existing local laws and policies. Where there is inconsistency between
the two the WB policy prevails, unless the local requirement sets a higher standard or benefit for the Affected
Person.
Second, before the details of the RPF can be outlined and explained, the basic principles and objectives of the RPF
may be set out. But whereas OP 4.12 contains such principles and objectives, no laws or policies in Afghanistan
deal with resettlement. There are relevant laws that will be discussed later – principally a Law on Managing Land
Affairs of 2008, as amended (including proposed amendments) and a Law on Land Expropriation of 2009 but
neither deal with involuntary resettlement. So setting out the principles of an RPF at the outset of developing one is
unavoidably to give priority to World Bank policies on resettlement.
The principles of the RPF are:
 first, avoid or minimise adverse impacts on persons and families likely to be affected by the project (APs)
 second, ensure that where land acquisition is unavoidable, APs are
o consulted on the operation of the project
o compensated for lost assets at replacement costs
o provided with assistance to improve/restore livelihoods and standards of living to pre-
displacement levels in the event of displacement.

The RPF spells out how these principles will be met. It should be said at the outset that while the relevant laws of
Afghanistan might not cover these matters in any detail there would appear to be nothing in the laws to stop these
principles being given effect to in practice.
2. LEGAL & POLICY FRAMEWORK FOR RESETTLEMENT
2.1 Afghan Law & Policy on Land Acquisition
There is no country specific resettlement policy in Afghanistan. A comprehensive land policy was approved in 2007
by the cabinet; however it has yet to be fully operationalized. Ratified in early 2004, the Constitution of Afghanistan
has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the
establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of
higher agricultural productivity, large gardens, the Law on Land Expropriation (LLE) enacted in 2009 provides that:
(i) The acquisition of a plot or portion of a plot for public purpose is decided by the Council of Ministers and is
compensated at fair value based on current market rates (Section 2);
(ii) The acquisition of a plot or part of it should not prevent the owner from using the rest of the property or
hamper its use. If this difficulty arises, the whole property will be acquired (Section 4);
(iii) The right of the owner or land user will be terminated three months prior to the start of civil works on the
project and after the proper reimbursement to the owner or person using the land has been made. The termination
of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest
from the land, except when there is emergency evacuation (Section 6);
(iv) In cases of land acquisition, the following factors shall be considered for compensation:
 value of land;
 value of houses and buildings on the land;
 value of trees, orchards and other assets on land (Section 8);
(v) The value of land depends on the category and its geographic location (Section 13) (and see too proposed
new clause 45 of the Land Management Law published in December 2012);
(vi) A person whose residential land is subject to acquisition will receive a new plot of land of the same value.
He/she has the option to get residential land or a house on government property in exchange, under proper
procedures (Section 13);
(vii) If a landowner so wishes his/her affected plot can be swapped with unaffected government land and if this is
valued less than the plot lost, the difference will be calculated and reimbursed to the affected plot owner (Section
15);
(viii) The values of orchards, vines and trees on land under acquisition shall be determined by the competent
officials of the local body (Section 16); and
(ix) A property is valued at the current rate at the locality concerned. The owner or his/her representative must
be present at the time of measuring and valuing of property.

Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a
“committee” consisting of the following
(i) The landlord or person who uses the land or their representatives;
(ii) Official representative of agency who needs to acquire the land (viz., MoHE);
(iii) Representative of local municipality;
(iv) Representative of Ministry of Finance; and
(v) Representative of Ministry of Justice.
The Law on Land Acquisition is undergoing a thorough review and amendment process but as of November 2013,
no final decisions had been taken on any amendments. It may also be noted that as the law now stands, two
difficulties present themselves with respect to this RPF. First, there are no provisions in the law dealing with short-
term temporary displacement such as easement from land which will be a feature of the creation of the transmission
line with particular reference to the erection of towers (hereafter referred to as temporary displacement). Once the
towers are erected, land occupiers and owners will be able to go back on to the land and use it with some
restrictions (apart from the land where the tower is located). Second, a relatively minor problem with respect to
pastoralists who may temporarily lose grazing land that they have traditionally used for the depasturing of their
livestock. These two difficulties will be dealt with below.
2.2 Principles of World Bank OP 4.12 on acquisition, resettlement and compensation
This part of the RPF will discuss the World Bank’s Operating Policies 4.12. Rather than attempting to repeat OP
4.12 verbatim, it will be more helpful to attempt to set out the requirements of OP 4.12 in a form in which they might
be provided for in any set of legal provisions or how they might be addressed by an administrative agency following
a logical approach to land acquisition.
The fundamental principles of policy which inform the Bank’s position on resettlement and land acquisition and will
be followed under this RPF for ESMF, are :
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative
project designs.
(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed
as sustainable development programs, providing sufficient investment resources to enable the persons
displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted
and should have opportunities to participate in planning and implementing resettlement programs.
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living
or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the
beginning of project implementation, whichever is higher.
(e) Lack of title would not bar the affected population from resettlement and compensation benefits.
(f) Compensation for losses will be delivered at replacement costs;
(g) Compensation payments must be delivered before taking possession of the required assets;

Step 1: Preliminary issues: is acquisition necessary
The first step addressed by OP 4.12 is avoidance of land acquisition and resettlement if possible. Land acquisition
and resettlement should not be seen as the easy first option; rather it should be seen a last resort.
From the point of view of what governmental action might be necessary to meet this first step, it is necessary that
alongside an environmental impact assessment, a social impact assessment and a financial analysis of the
proposed project that is required to be undertaken,
 a preliminary investigation and assessment of the land that may be acquired must be undertaken;
 persons likely to be affected by the project (APs) and other interested parties should be given an
opportunity to contribute to or comment on the location of the proposed project and the necessity of
acquiring the proposed land for the project. This involvement is separate and distinct from APs participating
in the planning of any resettlement that has to take place;
 a cut off date for any ultimate assistance and compensation for APs must be determined and announced.
After that date, no one coming into or obtaining land or a house in the potential project area will be entitled
to compensation. In the case of this particular RPF, this step will have to be taken many times over with
respect to each specific erection of a tower or location of a substation. There will be a risk that there may
be some speculative encroaching as word gets out unofficially about likely projects in the future. This will
need careful handling.
Step 2: Preparing an acquisition and resettlement plan
The second step in the process is to prepare a land acquisition and resettlement plan which must include measures
to ensure that APs are, in the words of OP 4.12:
(i) informed about their options and rights pertaining to resettlement;
(ii) consulted on, offered choices among, and provided with technically and economically
feasible resettlement alternatives; and
(iii) provided prompt and effective compensation at full replacement cost for losses of assets
attributable directly to project-related land acquisition.
If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes
measures to ensure that the displaced persons are
a) provided assistance (such as moving allowances) during relocation; and

b) provided with residential housing, or housing sites, or, as required, sites for which a combination
of productive potential, locational advantages, and other factors is at least equivalent to the
advantages of the old site.
Where necessary to achieve the objectives of the policy, the resettlement plan should also include
measures to ensure that displaced persons are
a) offered support after displacement, for a transition period, based on a reasonable estimate of the
time likely to be needed to restore their livelihood and standards of living;
b) provided with development assistance in addition to compensation measures such as land
preparation, credit facilities, training, or job opportunities;
c) provided with retraining or training opportunities so that they can either take up a new form of
livelihood or by virtue of being trained to a higher skill standard

In terms of what must be contained in either or both law and administrative arrangements to ensure that these
requirements are met, the following would need to be in any land acquisition and resettlement plan:
 the land to be acquired

 the persons who will be suffering any losses of assets, income, sources of livelihoods
 the persons to be required to move
 the place or places to which such persons are to be moved to
 the circumstances of the place to which persons are to be moved to:
o whether the land is occupied and by whom
o what the land is presently being used for
o the condition of the land and its facilities
 the arrangements to be made to facilitate resettlement and integration
 the manner and form in which compensation is to be assessed and paid
 the heads of compensation payable
 an estimate of the compensation payable and of the resettlement expenses
 the procedures to be followed in executing the plan
 the arrangements for the involvement of APs in plan execution
 what opportunities there will be to challenge plan execution and compensation
In practice, the preparation of this plan should commence as part of the exercise of developing projects for it is
regarded as a part of the project but in terms of process, it is sensible to keep separate the issue of whether any
land acquisition and resettlement is necessary from the issue of what resettlement will take place and how it will be
conducted.
This second step however is also to involve APs in participation in the preparation of the plan and not just in being
given a chance to object to a plan made by officials. OP 4.12 spells this out very clearly as follows:
(a) Displaced persons and their communities, and any host communities receiving them, are to be provided
with timely and relevant information, consulted on resettlement options, and offered opportunities to
participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance
mechanisms are to be established for these groups.
(b) In new resettlement sites or host communities, infrastructure and public services are provided as
necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and
host communities. Alternative or similar resources are to be provided to compensate for the loss of access
to community resources (such as fishing areas, grazing areas, fuel, or fodder).
(c) Patterns of community organization appropriate to the new circumstances must be based on choices
made by the displaced persons. To the extent possible, the existing social and cultural institutions of
resettlers and any host communities should be preserved and resettlers’ preferences with respect to
relocating in preexisting communities and groups honoured.
The preparation of a plan must be preceded by and involve in its development meetings with potential APs and
more general public consultation. There will be informal day-to-day meetings among APs, MoHE local staff, and
other stakeholders. The more formal consultation process in the sub-project areas will be through: (a) one-on-one
meetings with directly affected households/companies; (b) village and community meetings; and (b) public
consultations with government officials. Informative materials will have to be prepared and distributed within the sub-
project areas before the meetings. This is set out in more detail below.

Step 3: Paying compensation, resettling the dispossessed, acquiring the land
The third step is the execution of the plan: that is the acquisition of the land and the resettlement of those persons
displaced by the acquisition. This is the central part of the process of acquisition and resettlement and must be
broken down into several sub-steps. Not all these sub-steps are set out specifically in OP 4.12; they are however a
necessary part of land acquisition and resettlement and must be written into the RPF to take place.
Before each sub-step is summarised, a general point about the legal framework must be made. There will need to
be in place a set of clear rules on the whole of step 3. This code will need to cover –
 the empowerment of institutions to execute, regulate and monitor the process

 which officials are empowered to take actions and give orders
 what actions and orders must or may these officials take or give
 the processes and institutions of participation and consultation
 to which APs and others will these actions and orders apply
 what must APs do to comply with orders and take required actions
 what must APs do to gain benefits and assert rights under the law
 with respect to compensation
o the scope and form of compensation
o the manner of assessment of compensation and in particular the assessment of compensation (if
any) for temporary displacement
o the manner and timing of claiming and paying compensation
o the process of decision-making and appeals on compensation
 with respect to resettlement and displacement
o process and procedures on resettlement and displacement
o financial assistance with resettlement and displacement (in the case of displacement this will be
assistance in moving temporarily from the land and then returning to the land)
o assistance with retraining or development of new livelihoods
 processes and institutions relating to challenging and contesting decisions.
The ensuing discussion of the sub-steps assumes that such a code will be in place.
Sub-step 1
The first sub-step is the process of acquiring the land; informing all the qualified owners and occupiers of the land of
the intention to acquire the land and pay compensation for any land so acquired. This will involve intensive personal
contact with owners and occupiers of land and oral explanations of what is happening and what owners and
occupiers should do in order to ensure that they obtain recognition for their occupation of land and compensation for
same. Acquisition of land will also necessitate full and clear documentation of what is happening. In the case of
temporary displacement, full explanation of the circumstances of such displacement – how long for; where will
occupiers be temporarily located and in what form of accommodation; whether compensation will the paid – will be
needed.
ELIGIBILITY CRITERIA/OCCUPIERS
With respect to references to ‘occupiers’ of land OP 4.12 states that these embrace

(a) those who have formal legal rights to land (including customary and traditional rights recognized under
the laws of the country);
(b) those who do not have formal legal rights to land at the time the census begins but have a claim to such
land or assets—provided that such claims are recognized under the laws of the country or become
recognized through a process identified in the resettlement plan;
(c) those who have no recognizable legal right or claim to the land they are occupying.
OP 4.12 states that the first two categories of occupiers are entitled to receive compensation for loss of their land;
the third category is entitled to receive resettlement assistance. However, this provision must be read in the light of
the requirement in OP 4.12 that at the time of the identification of the project area, a census must be carried out
within the area of those who will be affected by the project and will be eligible for assistance. Persons who encroach
on the project area after the cut-off date which will be the completion of the census will not be entitled to any
compensation or other assistance.
OP 4.12 thus makes clear that squatters, PAPs without recognized (legal or customary) title, must receive some
compensation and assistance with resettlement. The rationale for this is that such persons are usually the poorest
members of the community and those most likely to be the hardest hit by having to move. While this group does not
have legal rights over the land, as part of the efforts to restore their livelihoods and living conditions, it is good
practice, in relevant cases, to provide solutions that help ensure that those affected have security of tenure at their
new relocation site, in the case of those being physically displaced or being offered land for land.
Sub-step 2
The second sub-step involves determining claims to compensation, assessing amounts of compensation and paying
compensation. OP 4.12 distinguishes between compensation and assistance, financial or otherwise, in connection
with resettlement. This is perfectly logical as it makes clear that persons are entitled to compensation for lost assets
etc whether they are being relocated or not. However, if compensation is understood as money, money’s worth or
land and/or other assistance to put a person back into the position as near as may be as he/she was prior to having
his/her land (including buildings and natural resources on the land) acquired and or the value of retained land
diminished and or having to vacate his/her land and move elsewhere, then we can deal with monetary
compensation for loss of assets along with what may be called resettlement expenses.
In order to comply with OP 4.12, the content of this sub-step should include:
 making claims for compensation

 provision of assistance to APs in making claims
 assessment of claims
 determining claims and dealing with appeals
 the payment of compensation
Compensation will include
 full replacement cost of land taken at its market value plus transaction costs (e.g. registration fees,
selling/buying taxes, etc)
 alternative land of the same quantity and quality so far as possible
 compensation for ‘injurious affection’[i] of land not taken

 resettlement expenses (which for these purposes includes temporary displacement) which in turn may
include
o costs of moving (disturbance compensation)
o financial and other assistance in provision of housing
o income support and livelihood replacement including retraining
The issue of replacement cost is dealt with in OP 4.12 which states:
“Replacement cost” is the method of valuation of assets that helps determine the amount sufficient to
replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of
structures and assets should not be taken into account. For losses that cannot easily be valued or
compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing,
grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable
resources and earning opportunities.
The details of how to calculate various heads of compensation are dealt with below.
Sub-step 3
The third sub-step involves the actual taking of the land – the entering into possession of the land by the acquiring
authority – and the departure and resettlement of APs. This will need to be handled sensitively with plenty of notice
given to APs. OP 4.12 does not specifically deal with this sub-step but it is a necessary part of the process of
acquisition, displacement and resettlement.
Assistance with resettlement and displacement will include
 assistance with packing up and moving including moving back on to the land after temporary displacement
 provision of transport for those being resettled
 working with and providing additional resources for the ‘host’ community
 advice and assistance to those being resettled
 preparation of land, provision of accommodation and facilities
The whole process of leaving one’s land, moving to another area, relating to a new community, getting started again
is likely to be extremely stressful. There will need to be constant contact with APs both individually and via their
representatives where there are substantial numbers of APs involved. A consensual rather than a confrontational
approach must be taken to decision-making on awards of compensation.
It is important to identify the PAP know what language they speak, have knowledge of the local context. Thus, it will
be necessary in developing RAPs on the basis of this RPF to deal with each community as a distinct and separate
entity, with its own concerns and its own approaches to resettlement and temporary displacement.
To what extent does law and practice in Afghanistan conform to the model of land acquisition and resettlement
provided for by OP. 4.12? It is to this matter this report now turns via a table which compares the two systems
suggesting ways of reconciling them. Notwithstanding the differences between the national laws and World Bank's
Operational policies, in all cases of gaps between the two, the World Bank's Operational Policy will apply, unless the
local requirement sets a higher standard or benefit for the Affected Person as reflected in this RPF will apply.

Table 2.1: Comparison between the Law on Land Expropriation and OP 4.12 with proposals for reconciliation[1]
Gaps between LLE and OP 4.12

Law on Land Expropriation (LLE) WB OP 4.12 Possible solutions to gaps What RPF should provide
with comments
PART ONE: PRE ACQUISITION PROCEDURES
1. No legal opportunities provided to
potential APs and others to Principle that involuntary
Potential APs must be able to
challenge or discuss proposed resettlement to be avoided where The principle behind OP 4.12 is
No reason why practice in Kabul discuss need for acquisition and
acquisition and resettlement or for possible implies discussion of followed in practice in Kabul but the
could not be applied in other areas alternatives with officials from the
any public debate and approval on necessity for and alternatives to law is silent on the matter.
PIU and the Ministry
proposals. In practice early acquisition and resettlement
discussions do take place.
2. Officials visit area before any
official action to assess land values;
A date set prior to the
values so assessed are the basis of Land values assessed as at pre- No real gaps; just different
commencement of acquisition
compensation. This is practice as the project or pre-displacement value approaches to the same need to limit No gaps
should be fixed for land values. This
LLE is completely silent on pre- whichever is higher claims and compensation.
should be the cut-off date
acquisition procedures and
processes.
Census conducted of persons in
3. As a matter of practice in Kabul Given the practice in Kabul, there A legal framework will require a
the area to determine eligibility for
efforts are made to determine those would be no problem in adopting OP census of eligible APs to be
assistance, and to limit inflow of No real gap here.
entitled to compensation and 4.12 as the practice to be followed in undertaken at the immediate pre-
people ineligible for assistance;
resettlement this RPF project stage.
encroachers
4. By article 6 of LLE, the right to
own or use land is terminated three Prepare resettlement plan on how
LLE does not provide for what OP
months prior to the actual start of the project to be implemented and
4.12 requires. Some pre-planning of There is nothing in LLE to prevent a
project. So information on land to be resettlement etc provided for. more participative approach to A legal framework within the RPF
projects will exist and informal
acquired is sent to APs three months Emphasis on participation by APs acquisition as is called for in OP allowing for a participatory approach
discussions with APs involves
before acquisition. Informal in preparation of process and in
participation. 3 months notice may be 4.12. The three month rule could be to acquisition and resettlement
discussions and negotiations occur project implementation
too little where relocation is likely but interpreted to mean “not less than planning and implementation would
both on land to be acquired and on three months” which would allow for not contradict the LLE and is the
not rigidly adhered to.
compensation. Emphasis on early information to discussions on acquisition and its best way forward.
be given to potential APs of consequences.
It is at this point that donations of possible resettlement
land may be ‘invited’.
5. No special provision in LLE for a Prepare resettlement plan: Major gap of substance 1. The LLE is silent on resettlement 2 and 3 the preferred option.

contents to include –
Involvement of and ensure APs

their rights to
but there is nothing in the law to
(i) compensation suggest that a resettlement plan or
action to implement a resettlement
(ii) relocation assistance plan would be illegal.
resettlement plan or any special
arrangements for resettlement.
(iii) development assistance 2. Provide for resettlement plan
administratively but
in new location. Distinction drawn
between short and full plans, 3. Backed up by some regulations
depending on numbers to be
resettled.
PART TWO: ACQUIRING THE LAND
6. The Council of Ministers approves No specific procedures required by The spirit of OP 4.12 conflicts with Spirit of OP 4.12 could be met by Involvement of owners present on
expropriation of land. Unlike the OP 4.12 but content of LLE’s non-provision of involvement more protective provisions and or the land to be acquired and greater
former law, there is no provision for resettlement plan implies APs will of the owner apart from that provided practice on dealing with absentee protection for absentee owners
the owner/user and or agent to be be involved in all stages of for in article 5. It is not clear why that acquisition. The silence of LLE on should be provided by a legal
present throughout all stages of acquisition is confined to “the Municipality”. the details of acquisition may be framework developed as part of the
acquisition. It follows that acquisition Given many absentee owners ,it taken quite legitimately as providing RPF which could also serve as a
may proceed whether the owner etc may be unavoidable to allow a gap which can be filled by prototype for regulations made
is present or not. However under absentee acquisition. appropriate participatory under article 22(5) of the new law.
article 5 LLE ,a commission is to be arrangements. There is no reason
formed “by the Municipality” on which why the damage provisions of article
the owner is represented to 18 shouldn’t equally apply to all
“determine damage incurred due to acquisitions of land.
land expropriation” which is
differentiated from compensation.
Damage is explained in article 18
LLE.
Under article 22, the owner etc is

obliged to hand over all
documentary evidence relating to

land to the acquiring authority
7. Under article 6 LLE after transfer A good provision. It does however
of ownership, owner may enter make plain that the LLE is about
acquired land and harvest crops Not mentioned LLE ahead of OP 4.12 on this: taking agricultural land and does not No change
except where urgent use of land deal with the issues of grazing land
prevents this or pastoralism.
PART THREE: COMPENSATION PAYMENT PROCEDURES
8. The bulk of LLE deals with
compensation but says nothing Given huge numbers of people not
about who is entitled to having and not going to get formal
compensation. The assumption is legal titles to their land in the
that “owners” are entitled to foreseeable future, LLE should be
compensation but the law does not interpreted so those living and or
define “owners”. The old law drew a Accommodate OP 4.12 by changing working on land at the census date
clear distinction between those with practices where necessary. receive fair compensation and
Fundamental principle of OP 4.12 Major gap of substance in the law but resettlement assistance. As with 6
legal title and those with customary is that all those on land are to be given practice in rural areas, it is not
title or no title with respect to the Advantage may be taken of absence above, the RPF can develop a legal
entitled to fair compensation and unbridgeable. framework for compensating all
payment of compensation. assistance with resettlement of legal definition of “owner” to
accommodate those with customary those on the land and this can be a
irrespective of their title to land. model for future regulations to be
Practice in rural areas was quite titles which is likely to be the majority
in project areas. made under LLE.
accommodating to those with
customary titles.
This is the one major area where
there is considerable divergence
Practice in Kabul is to acquire between LLE and OP 4.12. It will be
documentary evidence for a claim for necessary to comply with OP 4.12.
compensation.
9. The Constitution provides for OP 4.12 requires prompt and There does appear to be a gap 1. OP 4.12 must be accommodated. Article 40 of the Constitution
payment of prior and just effective cash compensation between the LLE and OP 4.12. The Other resettlement plans developed suggests that option 3 should be the
compensation. (English sufficient to replace the lost land LLE has a lot of gaps in it. Sensible in connection with ADB projects preferred one. It should be
translation).The LLE at article 2 and other assets at full not to insist on market value in the more or less ignore the LLE and supplemented by guidance on how
provides for the payment of prior and replacement cost in local markets. absence of reliable functioning provide detailed frameworks for to apply the code in practice.
adequate compensation. If there is a markets. assessment and payment of
distinction between just and Compensation for lost livelihoods compensation.
adequate, then the constitutional required Biggest gap is compensation for

provision of just compensation
prevails.
Article 8 provides that compensation

shall be “the price” of land or houses
or trees etc and article 10 provides
that the Council of Ministers shall
determine the price. But article 15
provides that the municipality and the
administration for agriculture Disturbance compensation
determine the compensation for required
trees etc. Article 13 sets out detailed
provisions for obtaining residential Land for land compensation squatters and even their best 3. The lack of any detail in LLE on
plots where a person has had land encouraged. practice does provide some how to assess compensation and the
acquired; the more land acquired the compensation to those with no legalcontent of compensation (apart from
more residential plots are paid as title. article 13) allows for the creation of a
Resettlement costs and ‘start up’
compensation. clear comprehensive and fair code
expenses required. All these
on compensation applicable to all
provisions can be used to provide Practice of paying compensation into
Disturbance compensation not acquisitions including resettlement
for compensation to pastoralists a bank even when APs not absentee and retraining costs which can be a
provided for. and artisanal miners difficult to reconcile with prompt part of the RPF without doing
payment of compensation. violence to the existing law.
Compensation can be land for land
Unlike the former law which provided

for compensation may be paid into a
bank, LLE is silent on the mechanics
of paying compensation. No
assistance for APs to access bank
for their compensation.
Practice on the ground is careful and

painstaking.
10. No provision in the law on OP 4.12 requires implementation Major gap of substance as noted in 4 If preferred option at 4 above The RPF should provide for the
resettlement support. of resettlement plan the contents of above. accepted, resettlement plan making of a resettlement plan (5
which are noted at 4 above implementation is issue:. above) which should be based on a
Practice seems a little haphazard guided participative approach to
and tends to turn on legality of Choice is between formal top-down implementation.
occupation of APs who are to be and participative involvement of APs

relocated
which OP 4.12 requires.
PART FOUR: ADMINISTRATIVE & JUDICIAL PROCEDURES
11. LLE provides for administrative
agencies to manage acquisition
processes and deal with OP 4.12 silent on judicial and
compensation. APs are part of some administrative arrangements.
committees dealing with A major gap on grievance A combination of law and practice
compensation. mechanisms and current Develop grievance handling guidance would be the best way
It requires appropriate and
accessible grievance mechanisms administrative arrangements in LLE practices but keep them forward.
No provision for courts to be involved to be established for those being difficult to reconcile with the administrative rather than legal.
or for appeals. resettled. participative approach of OP 4.12. Grievance mechanisms to provide
Make legal provision for appeals for co-operation with shuras and
In practice, committees may act to Logic of OP 4.12’s references to Earlier laws involved payment of from administrative decisions and community councils in areas where
solve grievances ‘meaningful consultation’ with APs compensation in the presence of a decisions on compensation to an APs are. RPF to provide for these
and making use of CBOs and judge and allowed an appeal albeit independent body.
No provisions for e.g. legal aid to NGOs suggests preference for from the judge to a Minister.
assist APs to make claims. decision-making process which is
not just part of the administration.
Practice at least in Kabul does
appear to try and help PAPs.
Provide monitoring for WB projects
as required by OP 4.12 Meaningful monitoring is required by
OP 4.12 states that the borrower is OP 4.12. New institutions should be
Major gap on procedures but
responsible for adequate Establish specialist monitoring kept to a minimum. Consideration
12. LLE does not provide for any arguably, monitoring is not part of
monitoring and evaluation of the agency for all projects involving should be given to use provincial
external monitoring body or process land acquisition so no legal
activities set forth in the acquisition and resettlement authorities and NGOs. Regular
impediment to providing for same.
resettlement instrument. reports should be made and
Empower provincial and local published
institutions to monitor projects.

3. Eligibility for compensation
3.1 General eligibility
General eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses,
income and other assets as a consequence of the project as of the formally recognized cut-off date will be
considered as project affected persons (APs)”. For purposes of this RPF, the concepts of ‘general eligibility’ for
compensation and who is an AP will be extended to include persons who may be temporarily displaced but who
may be entitled to some compensation through loss of land by the erection of a tower or substation.
Although it is unlikely that many APs will be entitled to compensation or rehabilitation on the grounds that they are
losing a substantial amount of land under the project, it is as well to set out the full picture on who APs are and what
they are entitled to under a project:
(i) All APs losing land with or without title, formal land-use rights or traditional land use rights;
(ii) Tenants and sharecroppers whether registered or not;
(iii) Owners of buildings, crops, plants, or other objects attached to the land; and
(iv) APs losing business, income, and salaries.
Compensation eligibility will be limited by the cut-off date. MoHE will inform local communities regarding this cut-off
date through their local offices and through the relevant local government agencies. Those that settle after the cut
off date however will be given sufficient advance notice to vacate premises/dismantle affected structures prior to
project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions.
3.2 Land Tenure and Compensation Entitlements
In the case of all projects, persons who may principally be entitled to compensation will be those who may lose
small amounts of land. It is necessary therefore to consider the types of interests in land that such persons may
have and whether those interests would entitle them to compensation. It is important to understand the prevailing
land relationships and the documents and/or declarations that evince these rights over land and the various assets.
The following paragraphs summarise the different types of formal and informal land ownership/possession in
Afghanistan. This will be the basis for the land impacts and the more important question of who are entitled for
compensation of land affected by the project.
The system of Afghan property rights is broadly divided into two categories: formal and informal. Under the formal
system, the 2012 proposed amendments to the Land Management Law define ownership of land as State-owned
land; private land; special land of village or villages, and public land. Public land includes Mar’aa land which is
divided into special Mar’aa land and general Mar’aa land. A fifth category of land is endowed land (Waqf land).
Written evidences of land ownership under the formal system of property rights are different kinds of deeds or legal
documents with copies in the Court Registries. Other formal written documentation may also be utilised for this
purpose. Details are to be found in Chapter 3 of the Law on Land Management.
Land owned by an individual is considered as private property. According to Shari’a, private property can be owned
individually or collectively. Private ownership may be acquired through (a) purchase, (b), allocation from a
municipality, (c) transfer of ownership of which the most common form is inheritance. In addition, private land can be
acquired through the principle of “dead land” or “ zameen-e-Bayer.” This classification entitles all legal owners to
compensation for affected land.

Village land is land verified by Afghan Land Authority located and linked with respective village or villages, and the
residents of the same village or villages as a legal person may commonly get the use of it for their own interests for
their specified purposes, and which is not under the ownership of State. Special land of village or villages shall
never be purchased, sold, donated, bequeathed, exchanged, mortgaged and leased, unless CEO of Afghan Land
Authority agrees and the President approves otherwise. Protection and maintenance of special land of village or
villages is the common responsibility of the residents of respective village or villages, particularly the respective
elected land commission.
Public land is classified as (a) owned by the state, (b) owned by public juridical persons, (c) allocated for public
interests, and (d) recognized by law as public property. In addition to the above, cultivable land which has no owner
is deemed to be public land. The law prohibits acquisition of such land without the permission of the government.
The state has recently strengthened its grip over land based on a statute of limitation which states that all individual
claims to land that has been held by the state for a period exceeding 37 years shall be barred and the state shall be
considered the owner of the property. The decree provides that all land in which the ownership of individuals is not
established legally shall be considered the property of the state. This classification does not entitle an occupant to
compensation for the affected land but such a person is entitled to compensation for all immovable assets which are
permanently fixed on the land.
Mar’aa Land meaning “dead land”. In practice, this term refers to land which is not suitable for cultivation. The
concept of mar’aa requires three elements: 1) the ownership history of the land is not known; 2) it has not been
cultivated and constructed, and 3) currently the land is not owned by any person. Even barren land ( zameen-e-
bayer) that does not have an owner may only be acquired with the permission of the government. The person who
acquires and develops barren land with the permission of the government shall own the land. Shari’a generally
recognizes mar’aa land as property neither owned by a private individual nor by the state and which could be
acquired through renovation. Consistent with this, mar’aaland is recognized under the laws, but whoever wants to
acquire mar’aaland must first secure permission from the President. In theory then, private property may be
acquired in accordance with this concept. If mar’aaland is in the process of being legally acquired or have been
acquired by an individual but some formal legal requirements have not been complied with, the possessor/owner is
entitled to compensation for his/her affected land.
Informal System of Property Rights – There are two types of owners/possessors under the informal system that will
be entitled for compensation over land affected by the project. The first group entitled for compensation is the
customary or traditional owners of land and their heirs. These are individuals who inherited land that their
ascendants occupied for more than fifty years. The original owners were either individuals who received royal land
grants (Farman) in the form of decrees or legal letters, etc from the ruler of the time, or the original settlers of the
land or their survivors who peacefully occupied the land for many generations. In the rural areas, these occupants
may have (1) tax receipts or are included in the tax records, (2) unofficial land deeds and (3) been declared or
recognised as legitimate users of lands by community development councils, jirgas or local elders. Households or
persons who hold customary or traditional deeds for their properties are people who acquired de facto ownership of
their land through purchase from customary or traditional owners of land.
The second type of owners/possessors under the informal system entitled to compensation are de facto owners of
property who have bought land or a house from legal owners but did not fulfil the legal formalities required to
formalize ownership. The transaction was legal but the legal formalities required to obtain a legal deed from the
competent court were not completed. In many instances, buyers and sellers conclude customary agreements based
on good faith and traditional norms and disregard the need to formalize the sales transaction in a competent court.
Many persons perceive that a customary deed suffices to prove ownership of their property, especially when the
original owner holds a formal document.
The two types of ownership/possession under the informal system of property rights have customary documents
called “orfi” to prove their ownership/possession. These documents are usually witnessed by their neighbours, and
especially local village and/or religious leaders. These documents include bills of sale and purchase, pawn

agreements, wills, subdivision agreements, etc. These two types of informal ownership/possession will receive
compensation for land affected by the project.
These two types of land rights under the informal system cannot be classified any more as public land. In the
customary or traditional rights, the adverse, open, continuous and interrupted possession of owners over a very long
time has effectively vested in them legal rights over the lands they occupy through acquisitive prescription. In the
second type of land rights under the informal system, the lands involved have been effectively segregated from the
classification of public land because the lands have been titled by the former owners and the failure of the new
owners to comply with the formal requisites to register the lands under their names do not change the private
character of these lands. Hence, the two types of land under the formal system are by their very nature private lands
and as a consequence, owners will be compensated.
The other occupants of lands outside of the classifications of legal and legalisable occupancy or possession such as
squatters will not be compensated for the lands that they occupy but will be compensated for the permanent
improvements they may have introduced in the affected lands and restoration assistance. The other type of land
occupants are encroachers. These are people who move into the project area after the cut-off date and are
therefore not eligible for compensation or other rehabilitation measures provided by the project.
3.3 Entitlements to Compensation & Livelihood Restoration
The APs in the project are entitled to various types of compensation and resettlement assistance that will assist in
the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of
compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the
impact, including social and economic vulnerability of the affected persons. All APs are equally eligible for cash
compensation and rehabilitation assistance (albeit with differences in entitlements), irrespective of their land
ownership status, to ensure that those affected by the project shall be at least as well off, if not better off, than they
would have been without the project. The compensation packages shall reflect replacement costs for all losses
(such as land, crops, trees, structures, businesses, mining activities incomes, etc.) as detailed below:
• Agricultural land impacts -- These impacts will be compensated at replacement value of land in cash based on
current market rates plus an additional indemnity for 3 months as transitional livelihood allowance. MoHE will
shoulder all transaction costs such as fees, taxes, and other charges, as applicable under relevant laws incurred in
the relocation and resource establishment.
• Severe Agricultural Land Impacts -- When >10% of an AP’s agricultural land is affected, APs (owners,
leaseholders and sharecroppers), in addition to the compensation explained above, they will get an additional
allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost.
• Residential/commercial land impacts -- These impacts will be compensated at replacement value in cash at
current market rates free of deductions for transaction costs.
• Houses, buildings, structures (fixed assets) damages -- These impacts will be compensated in cash atreplacement
cost free of depreciation, salvaged materials, and transaction costs deductions. Compensations will include the cost
of lost water supply, electricity or telephone connections.
 Renters/leaseholders - will receive an allowance geared to the rent they are paying for 3 months to cover
emergency rent costs.

• Income from crops losses -- These impacts will be compensated through cash compensation at current market
rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to
landowners and tenants based on their specific sharecropping agreements.
• Tree losses -- These impacts will be compensated in cash based on the principle of income replacement. Fruit
trees will be valued based on age of the tree in two categories: (a) not yet productive; and (b) productive. Productive
trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with
the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment
they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates.
• Business losses—Compensation for business losses will be based on actual income to be established by pertinent
receipts or other documents if demonstrable, otherwise based on business loss allowance computed as AF x a
month. Permanent business losses will be based on actual income loss or in cash for the period deemed necessary
to re-establish the business . Compensation for temporary business losses will be cash covering the income of the
interruption period based on a monthly allowance of AF x . Business loss is computed at AF x per day as average
net income of typical road businesses such as small stores, repair and vulcanizing shops and small food
establishments. The details should be part of the RAP.
• Income losses for workers and employees -- Indemnity for lost wages for the period of business interruption up to
a maximum of 3 months.
• Agricultural land leaseholders, sharecroppers, and workers -- Affected leaseholders will receive cash
compensation corresponding to one year’s crop yield of land lost. Sharecroppers will receive their share of harvest
at market rates plus one additional crop compensation. Agricultural workers, with contracts which are interrupted,
will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the
remaining part of the harvest .
• House owners/renters -- House owners/renters who are forced to relocate their houses will be provided with
relocation allowance equivalent to AF x for the time necessary and will be assisted in identifying alternative
accommodation.
• Community Structures and Public Utilities -- Will be fully replaced or rehabilitated so as to satisfy their pre-project
functions.
• Vulnerable Households -- Vulnerable people (APs below the poverty line, women household heads, mentally
challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs
equivalent to AF x and priority in employment in project-related jobs.
• Impacts on irrigation canals -- Project will ensure that any irrigation channels are diverted and rehabilitated to
previous standards.
• Transitional Livelihood allowance -- APs forced to relocate will receive a livelihood allowance of AF x for the
duration of the livelihood interruption time.. Transitional livelihood allowance is computed based on the prevailing
wage rate of AF x per day times for the duration needed This is also the basis for cash compensation on lost
wages. Where there is temporary displacement which lasts for less than three months, a livelihood allowance will be
paid only for the period of temporary displacement.
Land Replacement Values will be assessed based on a survey of land sales in project areas over the last 3 years..
Land values and compensation for other assets, will be negotiated between APs and competent authorities if
concrete data on land market rates are unavailable.

Easements. An easement may, for the purpose of the RPF, be described as a right of way which one person (the
owner/occupier or user of the ‘superior’ or ‘dominant’ land) has over the land of another person (as specified above)
of ‘inferior’ or ‘servient’ land. The occupier of the servient land is under an obligation to allow the occupier of the
dominant land to come on to the servient land and the occupier of the dominant land is obliged to keep to a defined
path or right of way across the servient land. It is quite possible for an easement to be limited in its scope; that is to
say, an easement or right of way could be limited to be used only for a specific purpose or benefit and not confer a
general right of way for the dominant occupier over the servient land.
An easement is a species of land right which may be the subject of a market transaction; that is the occupier of the
servient land can sell a right of way to the owner of the dominant land. There is nothing in the law which would
prevent one person (A) from obtaining or buying a right of way similar to an easement over the land of another
person (B) even though A did not own land which could be benefited from the use of an easement over the land of
B.
4. UNIT COMPENSATION RATES AND BUDGET
4.1 Establishing Rates for Land Acquisition & Resettlement
As noted in the table above at paragraphs 9 and 10, the Law on Land Expropriation refers to prompt and adequate
compensation but is silent on the details of compensation, has no specific provisions on resettlement and provides
for the Council of Ministers to make decisions on compensation. These provisions fall some way short of what is
required by OP 4.12 but it was suggested in the table that the absence of detail could be used to the advantage of
developing rules and principles of compensation. The Law does not forbid the development of detailed rules on
compensation and the fact that regulations may be made under the Law suggests that that is where details may
ultimately be developed. In the absence of detailed rules, it does not do violence to the Law for details to be
developed in the context of this RPF and applied to the project.
To comply with the World Bank’s OP. 4.12, rates used to compensate for lost land and assets must be replacement
cost at current market value, in order to meet the policy objective of “at least” restoring people’s livelihoods and
ensuring that people affected by a project are not left worse off. According to OP 4.12, “replacement cost” is the
method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction
costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services,
customers, and suppliers; or to fishing, grazing, or forest areas or mining assets), attempts are made to establish
access to equivalent and culturally acceptable resources and earning opportunities.
In the absence of any survey of any likely project affected community or any consultations carried out with potential
stakeholders, the figures which follow are drawn from a Resettlement Planning Document prepared in October 2009
for the North–South Corridor Project Mazar-i-Sharif–Pul-e-Baraq Road Section by the Ministry of Public Works
(MPW) in respect of a contract to be funded by the ADB. These figures would not necessarily be the same for a this
project but the principles are the same and the methods of calculation of the rates of compensation are it is
suggested sound and may be followed in this RPF.
A further point must be made about the rates. In a specific project, there would have been, as part of the process of
putting a project document together, at the very least a preliminary survey of the land to be affected by the project
and the numbers of APs likely to be affected and the way in which they would be affected; e.g. loss of land, loss or
diminution of assets, loss of livelihood etc. Discussions would have taken place with such persons so a reasonable
estimate could be made of what they would be likely to claim as compensation. So alongside an explanation of the
rates that are to be applied to the determination of compensation, a budget would be developed showing the
amount of money that would be needed at the proposed rates to satisfy the requirements of compensation for the
APs in the project area.

But an RPF is different. An RPF is prepared “when it is not possible to identify precise siting alignments or specific
impacts/affected population during project preparation (financial intermediary operations, and projects with multiple
subprojects)” and “a Resettlement Action Plan (RAP) is [then] prepared for each subproject that may involve land
acquisition, before the subproject is accepted for Bank financing.” So an RPF cannot be accompanied by a budget
showing the probable total project costs of the rates of compensation which the RPF is suggesting should be
applied. The budget would be a part of each RAP which would come forward once the RPF had been accepted and
a particular section of the project had started.
The rates for land, structures, crops and trees that may be used in the cost estimates prepared in the MoHE plan
may derived through rapid appraisal and consultation with affected parties through the census and inventory of loss
survey and relevant local authorities. The affected households may be asked about their personal valuation of the
affected lands and other assets. This would be an essential preliminary aspect of an RAP.
The overall budget of resettlement can not with any certainty be determined at this stage. It will depend on the size
and design of each project.
However, the budgeting agency needs to ensure that funds are available for the resettlement costs, including not
only compensation to PAPs, but also cost of consultations throughout the process, sustaining a grievance redress
mechanism, M&E, and independent consultants as required (e.g. for final review of RAP implementation).
4.2 Valuation of Land
The location of the land influences the actual price per square meter: the nearer the land to a build-up area (e.g. a
village), the higher the valuation and perception of the affected households. Hence, the valuation of the land is
pegged on an average, the actual value depending on the nearness to a build up area. In the valuation of
agricultural land, the availability of water is very important to determine the fair value or market rates. Residential
and commercial lands are largely dictated by the existing road alignment for accessibility rather that crop potential.
The land prices are based on the district land prices in the district government. The prices follow the trend that the
nearer the land to a population centre, the higher the price of the land.
4.3 Valuation of Structures
In the area affected by projects such as university and institute of higher education the valuation will depend on the
kind of structure. A structure may be made of mud or mud and bricks except for some government-owned
structures t straw and lime, It could also be made of cement. The classification of structures (temporary, semi-
permanent and permanent) refers to the materials used in construction. The valuation of structures into class
1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double storey
building)will be determined after various consultations with some owners local contractors and some local civil
engineers.
4.4 Valuation of Crops and Trees
The measurements of farm lots are determined on the basis on the amount of seeds they use in sowing. Hence,
they know that a certain parcel will require one kilogram of seeds and expected to yield a certain amount. Hence, in
computing crop losses, a combination of four main crops may be used to get the average yield and price. The unit
price for crop losses for a square meter of land devoted to the four main crops was estimated at AF 5.00 per sqm for
CASA 1000, but would be fine tuned at the time of the RAP and Under the MoHE project.
The compensation for productive trees for CASE is based on the gross market value of 1 year income for the
number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will
be valued based on the multiple years investment they have required. However, trees, the fluctuation of the value
of tree products may be influenced largely by the supply and demand and the absence of post harvest facilities.
Farmers may be forced to sell tree crops when everyone one else is doing so During off-season months, the prices
of tree crops may increase . The compensation rate for a fruit bearing tree is the average yield per tree times the
age of the tree.
For the non-fruit bearing trees, the usual propagation method is grafting. Farmers buy these saplings and these are
ready to be transferred in the fields after two years. On the fourth year of the tree, the tree starts to produce fruits.
Hence, it is on this basis that the valuation of non-bearing fruit trees was determined. The compensation for non-
productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree
was cut because of the project.
4.5 Income Restoration Allowances
The resettlement strategy is to provide compensation for all lost assets at replacement cost in order that APs’
incomes and livelihoods are not adversely affected and where possible improved. All APs whose livelihood are
affected will be supported for income losses and those whose livelihoods are affected adversely provided with
livelihood restoration measures (including allowances and interventions for severely affected, poor and vulnerable
APs).
Income Restoration Allowance for Crops Losses -- These impacts will be compensated through cash compensation
at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will
be paid both to landowners and tenants based on their specific sharecropping agreements.
Income Restoration Allowance for Business Losses -- compensation for permanent business losses will be in cash
for the period deemed necessary to re-establish the business (x months). Permanent business will receive AF x a
month for x months. Compensation for temporary business losses will be cash covering the income of the
interruption period based on a monthly allowance of AF x
Income Restoration Allowance for Business workers and employees -- Indemnity for lost wages for the period of
business interruption. .
Income Restoration Allowance for Severe Agricultural Land Impacts -- When >10% of an AP of the agricultural land
is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal
to the market value of a year’s net income crop yield of the land lost. This will be unlikely to occur in this project.
Vulnerable Group Allowance -- Vulnerable people (APs below the poverty line, women household heads, mentally
challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs
equivalent to AF x and priority in employment in project-related jobs.
Transitional Livelihood Allowance -- APs losing land or losing a house and forced to relocation will receive a
livelihood allowance of AF x a month until relocation and livelihood restoration is completed
Rental Allowance – House Renters forced to relocate will receive a rental allowance at the prevailing market rate
until a suitable accommodation has been found and will be assisted in identifying alternative accommodation.
Similar payments will be made to those who suffer temporary displacement from their land or house during the
erection of a tower or a substation.
Project-related employment (for unskilled and semi-skilled tasks during construction) -

severely affected and vulnerable groups will be given priority for project-related employment opportunities as
drivers, carpenters, masons, clearing and digging work, and if possible as clerks or basic administration support
staff.
5. INSTITUTIONAL ARRANGEMENTS
5.1 General
This section deals with the roles and responsibilities of different institutions for the successful implementation of the
project. The primary institutions that are involved in the land acquisition and resettlement process are the following:
Islamic Republic of Afghanistan (IRA), Ministry of Higher Education; Operations and Monitoring Support team
(OMST) at MoHE; Environmental Compliance & Social Safeguards Unit (ECSSU) within the Department of Planning
and Policy of MoHE, ; Implementing Non-Governmental Organization (NGO); Provincial level MoHE Authorities; and
Local Government Units (LGUs).
The agencies involved in the planning and implementation of a resettlement and rehabilitation programme are
MoHE as the executing agency (EA) and the provincial government office together with the appointed NGO referred
to above.. MoHE will be acting in the project through the OMST. In the field, it will act and implement through the
University Operation Coordinators present in all selected universities. with the support of a consulting engineer and
the implementation consultant who will co-ordinate all activities related to resettlement implementation. All activities
will be coordinated with the relevant local government agencies and community shura in which the package will be
implemented.
5.2 Overall Organization – Ministry of Higher Education (MoHE)
The Ministry of Higher Education will be the executing agency (EA). The minister and deputy minister for Finance
and Administration will be responsible for the overall policy level decision, planning, implementation and
coordination of project activities. The EA will have proper coordination with other departments of the Government of
Afghanistan to resolve the following issues:
1. Land Records and Ownership. To resolve issues related to land records and ownership, a land management
committee will be formed in the central level and will include members from the MoHE , Ministry of Finance, and the
Geology and Cartography Department.
2. Assets Valuation. Values of land and other assets for compensation is determined by the Council of Ministers
under the LLE on the basis of the principles set out in this RPF. The decisions are based on the recommendation of
a committee consisting of the following (i) the landlord or person who uses the land or their representatives, (ii) an
official representative of the agency that needs to acquire the land (e.g. MoHE), (iii) a representative of the local
municipality, (iv) a representative of the Ministry of Finance, and (v) a representative of the Ministry of Justice.
5.3 Project Implementation
5.3.1 Ministry of Higher Education (MoHE)
MoHE ,through the OMST will be responsible for the approval and implementation of a Land Acquisition and
Resettlement Plan (LARP). Within the OMST at MoHE, LARP tasks will be handled by two units described below.
Local MoHE office and local governments will be responsible for coordinating activities in the field including the
organization of surveys, consultation meetings, and the fixing of specific compensation rates based on the principles
set out in the RPF. The provision of the LARP compensation finances will be the responsibility of MoHE, and the
physical delivery of compensation to the APs will be assigned to a committee selected by the MoHE, which will

include members such as the local governments but under the supervision of the OMST and of the Supervision
consultants.
There will be a unit within the Department of Planning and Policy at MoHE, that will be involved in the
implementation of the LARP, namely the Environmental Compliance & Social Safeguards Unit (ECSSU). The
ECSSU will be primarily responsible for the environmental and social safeguard issues. The OMST will be
responsible for the daily field level activities, getting all the necessary clearances required to initiate and implement
all resettlement works. It will coordinate with the ECSSU in the implementation of the project. As necessary, the
OMST will coordinate with MAIL, Cadastre Survey Department, local Governorates, NGOs and the community
shuras, locally elected councils. The OMST will be responsible for ensuring that all stages of the processes of
resettlement, determining and paying compensation, and acquiring land are fully documented and that hard and soft
copies of the records are at all times kept in a safe and secure environment.
MoHE will hire two national experts each one assigned for Environmental Compliance Unit and for the Social
Safeguards Unit, who will be responsible for environmental and social issues. These two national advisors will be
responsible for the implementation of ESMF guidelines and ensuring/monitoring compliance with social and
environmental safeguards throughout the project sites.
The national experts would also be responsible for mentoring/building the capacity of MoHE relevant officers to (i)
work with regional technical teams to ensure adherence to safeguard requirements at each stage of sub-project
development and (ii) facilitate outreach to other development agencies.
5.3.2 Implementing NGO
The specific tasks of the implementing/supervisory NGO will be as follows:
1. Work in close coordination with the ECSSU at the Department of Planning and Policy, local government units and
MoHE local staff to implement the LARP.
2. Assist the ECSSU at the Department of Planning and Policy in dissemination of the LARP and other resettlement
related information.
3. Generate awareness about livelihood restoration activities and assist the APs to make informed choices including
participating in government development programmes.
4. Identify training needs of APs for income generation activities and ensure that these are properly funded.
5. Provide counseling and awareness raising to resolve LARP related grievances and assist in seeking redress to
unresolved grievances from land acquisition and resettlement disputes with the Grievance Committee.
6. Assist the APs in claims for just compensation including the collection of timely and complete payments.
7. Submit periodic implementation reports on LARP.
8. Conduct and/or undertake any other activities that may be required in the successful implementation of the LARP.
The implementing NGO must be a non-profit organization; be legally registered as an NGO in Afghanistan; have
operated for at least 3 years; have a minimum of five paid staff; be committed to the principles of gender equality in
terms of its own staffing; have a management or advisory board; maintain a proper accounting and financial system;
have a long term presence and credibility in districts relevant to the project area; have work with government focal
agencies; and must be willing to undergo training in resettlement work for project implementation.

5.3.3 Local Government
The cooperation and coordination of the local government units (LGUs) are vital in LARP implementation. These are
the provincial government, district provincial government, villages and local community Shuras (CDCs). Issues
relating from land records and ownership and assets valuation originate from this level and will only be taken to the
Council of Ministers if these issues are not resolved locally. The provincial government, in cases of disputes on
valuation of land will constitute a land valuation committee to determine the disputes on rates.
In cases of disputes regarding land ownership, land records goes through 3 offices at district level, (1) District
administrator, (2) Revenue collector (Mustowfiet) and (3) the District Court. These offices have the jurisdiction on
any matters related with land acquisition and verification of land entitlements. Staff of the Revenue Department
(Mustowfiet), with the local municipality will carry out the tasks of identifying the titles and verification of ownership.
The Office of Wloswal (the appointed District head) is expected to play a coordinating role.
6. PUBLIC CONSULTATION AND PARTICIPATION
6.1 General Public Consultation
This section describes the mechanisms for public consultation process with the APs, disclosure of the RPF and
corresponding LARPs through distribution of informative material to create awareness among the APs regarding
their entitlements and compensation payment procedures and grievances redress mechanism.
6.2 Public Consultation
In addition to informal day-to-day meetings among APs, MoHE’s provincial staff, and other stakeholders, the formal
consultation process in the project will be ongoing and will be managed by the OMST through village meetings and
public consultations with government officials. All these mechanisms and approaches will also be used during the
collection of baseline socio-economic data from the APs; and the preparation of LARP and disclosure of LARP to
the APs, as explained below.
6.3 Community Meetings
A series of village meetings will be held, where the census and socio-economic surveys will be explained and later
carried out. The aims and objectives of a project will be explained as will the necessity for, processes and outcomes
of any resettlement or temporary displacement. The community elders and stakeholders meetings will be scheduled
based on the availability of the participants. The ECSSU will be responsible for conducting community level
consultations.
In the socio-economic survey, the project will list the names of the owners/users of assets likely to be acquired,
temporarily used or damaged for which compensation will be payable and the MoHE will prepare a land acquisition
and resettlement plan (LARP) for each defined section of the project that will ensure that all these affected assets
are justly compensated. The approved LARP will be presented and explained to all affected households and
persons and other interested parties. The census survey will be conducted in the affected lands.
At all times, all people will be encouraged to express their own options about resettlement. These will be relevant to
the resettlement options of the APs themselves. The primary purpose of these meetings will be to provide the
affected households and persons and host communities the opportunities to share their issues, concerns and
opinions about the project while on the side of the supervision consultants, it is also an opportunity to clarify and
elucidate initial results of surveys as well as inquire on subject matters that were not sufficiently covered by
questionnaires.

6.4 Consultations with Government Officials and Other Stakeholders
The supervising consultants will meet with provincial and local officials to ensure that they are fully appraised about
the project including the formulation and details on the implementation of the LARP. The OMST will coordinate with
the land valuation committees. There will be coordination with the district governors, which have jurisdiction over the
sub-project areas as well as village leaders. Information about the entitlement provisions and compensation
packages will be shared with these government officials and other stakeholders.
6.5 Preparation of Project Specific Informative Material
Project specific informative materials will be prepared and distributed to the APs to create awareness among the
APs regarding their entitlements and compensation payment procedures and grievances redress mechanism. They
will cover the following:
 LARPs for sub-projects will be made available to the concerned district governments, village leaders and
directly affected households and MoHE ’s field offices as an official public document. This RPF will also be
disclosed on the MoHE website.
 A summary of this RPF will be prepared specifically for this purpose and will be translated into local
languages and presented to all APs in the form of a pamphlet/ brochure, to enable the APs and local
communities to read it by themselves and be aware of the benefits/compensations to be made to available
for various types of APs, as given in the ‘entitlement matrix’. MoHE field staff/consultant will distribute the
brochures through the community meetings and will explain the mechanisms and procedures of the
consultation programme and how APs will be engaged in resettlement activities and the overall process.
 A cheque disbursement schedule – or preferably transfer of compensation through e-paisa to PAP bank
accounts, explaining the date, time and venue for disbursement of compensation cheques of each AP will
be prepared in applicable languages and distributed to all APs. This will also be disclosed in the village
meetings.
 A package containing following information material will be prepared for each AP.
o Inventory of AP’s losses
o Schedule for compensation cheque disbursement explaining the date, time and venue for
receiving cheque, vacating land and demolition of structures
o Pamphlet/ brochure in local languages
o Any other relevant information for the AP
6.6 Disclosure
Key features of this RPF will be disclosed to the APs through the village meetings, and informal interaction between
the APs, consultants and OMST staff.
 Provision of the RPF in local languages and English to OMST, MoHE field offices, APs, provincial officers
and district provincial offices, other local and district level offices of the concerned agencies.
 Disclosure of the RPF in village meetings
 The RPF will be available in all public institutions for general public information
 Posting of RPF on MoHE website
 Publicity will be given to the RPF through all forms of media
 Provision of information packet to all APs
The local safeguards officers will again conduct meetings with the OMST staff, local government units and other
government agencies as part of the disclosure process to acquaint them of the substance and mechanics of the
RPF. They will be responsible to return to the affected villages and communities once this RPF is approved by

MoHE,and by the World Bank and conduct disclosure activities through village meetings and meetings with affected
peoples before the actual implementation commences.
7. PREPARATORY ACTIONS AND IMPLEMENTATION SCHEDULE
7.1 Preparation Actions
MoHE /OMST will begin the implementation of the project component after its approval by the World Bank. It
will initiate some actions as groundwork and certain preparatory tasks regarding implementation of the LARP as
follows:
 Endorsement of the first LARP by OMST and MoHE and its submission to World Bank for approval
 The process for developing the budget for compensation of land, trees, and crops will have already been
coordinated with the Ministry of Finance
 Establishment of criteria, requirements and procedure for disbursement of compensation cheques
 Identification of the implementing consultant that will assist MoHE in LARP implementation
 Development of internal monitoring indicators and procedures
MoHE is also committed to provide adequate advance notice to the APs and pay their due compensation based
on the eligibility criteria defined in this RPF for resettlement including relocation and income
restoration/assistance prior to start of construction work. The APs of affected structures/assets (houses, shops,
etc.) will be paid their due compensations at least three months (90 days) prior to demolition of any structures.
This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and
reestablishment of businesses.
Payment of compensation of assets other than structures (land, crops, and trees) will be made at least 90 days
prior to actual possession of the space being utilized by the APs. However, in case of a dispute regarding the
compensation amount, up to 70% of the assessed/allocated amount of compensation will be paid to APs and
the rest pledged in an escrow account in the names of the concerned APs, pending the resolution of the
dispute. In case of dispute over rightful ownership, the compensation would be deposited in an escrow account
awaiting the court resolution of rightful ownership. In such an exceptional case, the MoHE may possess the
land without full payment of compensation. Grievances or objections (if any) will be redressed as per grievance
redress procedure adopted in this RPF. However, all activities related to land acquisition and resettlement will
be completed prior to initiation of civil works in connection with the transmission line, the erection of towers and
substations with resettlement and temporary displacement impacts. In case of absentee owners (e.g. conflict
displaced persons), the compensation amount would be deposited in an escrow account and issued to the
rightful PAP upon verification of identity and claim. The government will take all appropriate means (through
electronic and written media, words of mouth through community relations) to identify/locate absentee
landowners and provide documentation of these efforts.
7.2 Process of LARP Implementation
The following paragraphs explain in detail how compensation will be delivered to APs and the prerequisites
needed in triggering the release of financial resources to the ultimate beneficiaries. These steps are formulated
in the light of the assumed availability of finance, the security situation, and travelling time. No account is taken
of the likely situation in any province or district where sub-projects might take place.
The steps for the delivery of compensation for all eligible APs will be the following:
i. Obtain financial resources based on the final budget of each LARP. OMST shall obtain the needed money for
its counterpart to fund the land acquisition component from the Ministry of Finance.

ii. Verification of the list of qualified APs: OMST through the implementing consultant will verify the list of APs
provided in the LARP to ensure that all eligible APs will be properly compensated and non-eligible APs will be
excluded. To ensure that identification and qualifications are guaranteed, village elders and community Shuras
will be consulted to resolve issues rising from the list.
iii. Notification of a detailed compensation package: OMST through the implementing consultant will prepare
and provide each APs with a detailed breakdown of affected assets, and the unit cost of each asset affected
and the total compensation that they will receive.
iv. Final conciliation/expropriation: APs who disagree with the amount of the detailed compensation package
and how it was arrived at will be provided with a last or final chance to settle these issues with the implementing
consultant facilitating this meeting. In the event that OMST and the APs still cannot agree, the OMST will file
expropriation proceedings in the appropriate court, asking that MoHE be permitted to take possession of the
affected asset. The OMST will pay the AP 70% of the contested sum and deposit the remaining amount in an
escrow account in a bank.
v. Locate absentee owners: The OMST through the implementing consultant and village leaders shall try to
locate absentee owners of affected assets. There are some cases where owners are residing or working in
other places and every effort must be undertaken to locate these absentee owners.
vi. Notification to the public: available media and community bulletin boards will be utilized to inform the public
that lands with the corresponding owners will be affected by the project. These will provide sufficient time for
any adverse claimants on lands that will be affected to raise their opposition or claims over the affected lands.
vii. Preparation of invoices: Invoices for each of the eligible APs will be prepared by OMST/Implementing
consultant. This document entitles each of the APs to receive the amount indicated in the invoice.
viii. Delivery of the money to local bank: the money from MoHE /MoF will be remitted while using the applicable
public financial system to a local bank in the nearest town to the sub-project site. In the public financial system of
Afghanistan, the money is transferred by the treasury department of the ministry of finance, where MoF may remit
the the money for compensation to any bank of its choice. The bank account will be facilitated by OMST to ensure
that APs are compensated on time.
ix. Payment: the APs will each receive a cheque for the whole amount of compensation from the Ministry of
Finance using the available money transfer system in the country such as bank account or cash cheques.. The AP
will sign a document acknowledging the receipt of the whole compensation and a waiver attesting that he/she has
no longer any pending claim over the affected property. A photograph shall be taken with the AP receiving the
cheque as part of project documentation.
x. The AP in case not having a bank account in the desire bank, will cash the cheque by presenting their national
identification card (NIC) to the bank. Persons without NICs will have to explain to the pertinent authorities the
reasons why they are not in possession of the NIC.
APs will be encouraged to open a bank account in any bank and only carry necessary money to their respective
villages to avoid unnecessary exposure to those who might wish illegally or with force to relieve them of their cash.
The benefits of having a saving account will be part of the information to be provided by the implementing
consultant.
8. COMPLAINTS AND GRIEVANCE REDRESS

Based on the LLE when private landholdings are acquired for public purposes,, compensation is paid to the owner
based on the category and location of the affected land and the values of land for compensation are determined by
the Council of Ministers. The decision is based on the recommendation of a land acquisition committee (LAC)
consisting of the following members:
 Affected person who uses the land or his/her representative,

 Representatives of Ministry of Higher Education including OMST
 Representative of the Ministry of Finance,
 Representative of the Ministry of Justice, and
 Representative of the local municipality,
The land acquisition process is initiated with the constitution of the land acquisition committee. As land and other
assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual’s
property by the state. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the
value of compensation. The LAC inquiries into the matter and reviews the valuation and tries to arrive at a win-win
solution. The whole process is based on a negotiated approach and as the AP or his/her representative is a
member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets
lost. The LAC thus also performs the tasks of a grievance redress committee.
However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the
matter to a Grievance Redress Committee (GRC) to try to resolve the issue. It should be pointed out however, that
this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an
advisory body or facilitator to try to resolve issues between the affected household and the MoHE/OMST who would
implement the valuation based on the decision of the LAC. The GRC will be composed of the following members:
 Affected person or his/her duly appointed representative,

 Representative of the local administration (from the office of the governor),
 Representatives from MoHE – Environment Compliance & Social Safeguard Unit ,
 Representative from the local legal department,
 Representative of the implementing NGO
The grievance redress committee will register the unresolved matter and meet to try to resolve the issue. A
recommendation should be made within 7–10 working days. In the case of the absence of any of the members
during the decision-making process, an appropriate candidate will be nominated by the original representatives. If
no decision has been promulgated after 10 working days from the last meeting of the grievance redress committee,
the affected person may take the issue to the next level. The AP always has the final recourse to seek redress
through the legal system. However, every effort must be exerted to avoid this alternative because it entails loss of
time and expenses of the part of the AP.
As the concept of just compensation for affected assets for public works or for major commercial or infrastructural is
new to Afghanistan, the environment and social specialists (ECU & SSU) and the implementing consultant (NGO)
will assist in disseminating this concept to APs, its procedures and prerequisites in filing the proper complaints. The
process of grievance redress has been made simple to hasten the process of decision-making and facilitate getting
on with the works. The grievance redress committee includes a representative from the local administration and the
affected individual. Grievances are expected to be redressed locally within the existing framework.
9. MONITORING & EVALUATION
9.1 General

Project activities will undergo both internal and external monitoring. Internal monitoring will be conducted by the
OMST and assisted by the Supervision Consultant. External monitoring can be assigned to an independent third
party monitoring agent in consultation with the World Bank and MoHE’s leadership, if deemed necessary. It can also
be expected that the Ministry of Finance may also conduct/ carry independent monitoring of the project to learn
about the progress in the implementation of the project. But, this can be on ad-hoc basic, and can always not
happen.
9.2 Internal Monitoring
The M&E team within OMST at the Ministry of Higher Education will carry out internal monitoring routinely. The M&E
team at OMST will communicate findings and results to the World Bank and the MoHE through the regular project
implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and
results. This information will be collected directly from the field visits, and reported on monthly basis to the OMST in
order to assess the progress and results of LARP implementation. The monitoring reports will also help to address
concerns and adjust those issues / concerns in the work plan, if necessary. The monthly monitoring reports will be
consolidated in to standard supervision reports and submitted MoHE and the World Bank. Depending on the
intensity of the issue, OMST is authorized to increase or reduce the frequency of the monitoring visits to the project
site. Specific monitoring benchmarks will be:
 Information campaign and consultation with APs;

 Status of land acquisition and payments on land compensation;
 Compensation for affected structures and other assets;
 Temporary displacement of APs
 Relocation of APs;
 Payments for loss of income;
 Income restoration activities.
 Grievance received and status of redress
The monitoring and evaluation unit at OMST will also assess the status of project affected vulnerable groups such
as female-headed households, disabled/elderly and poor families. The following will be considered as the basis to
develop the indicators for monitoring and evaluation of the project:
 Socio-economic conditions of the APs in the post-resettlement period;

 Communications and reactions from APs on entitlements, compensation, options, alternative
developments and relocation timetables etc.;
 Changes in housing and income levels;
 Effectiveness of arrangements for temporary displacements;
 Rehabilitation of squatters (if any);
 Valuation of property;
 Grievance procedures and outcomes;
 Disbursement of compensation; and
 Level of satisfaction of APs in the post resettlement period.
9.3 External Monitoring

The implementation of a university project may take more than a year. Therefore external Third Party monitoring will
be carried out on once or twice depending on the size and the time a project takes with the results communicated to
the OMST and the World Bank through a bi-annual compliance report. (The ToR for the Third Party Monitoring will
be part of the LARP). Depending on the level of satisfaction about the status of the project implementation, MOHE
in consultation with the World Bank may consider hiring an independent monitoring agency to carry out an
independent monitoring of the implementation of the LARP. The scope of the monitoring work of the firm / NGO will
be detailed in the terms of the references prepared by OMST and approved by the MoHE and the World Bank. The
monitoring agent will submit a detailed compliance report confirming the findings from the field about the
implementation of the LARP to MoHE and the World Bank. The frequency of reporting on the compliance of the
LARP implementation will be detailed out in the terms of reference.
A copy of the compliance report and its recommendations will also be submitted to the OMST, for follow up
purpose.
9.4 Management Information Systems
All information concerning resettlement issues related to land acquisition, socio-economic information of the
acquired land and affected structures, inventory of losses by APs, compensation and entitlements, payments and
relocation will be collected by the OMST in coordination with the local authorities and implementing organization, if
any. This data bank would form the basis of information for RAP implementation, monitoring and reporting purposes
and facilitate efficient resettlement management.
9.5 Reporting Requirements
The implementing agency will be responsible for supervision and implementation of LARP and prepare monthly
progress reports on resettlement activities and submit to the OMST for review. The implementing agency will also
monitor RAP implementation and submit quarterly reports to MoHE /OMST and the World Bank. In case of having a
an external monitoring agency (EMA), the monitoring firm / organization will submit bi-annual reviews directly to the
World Bank and the MoHE leadership and determine whether or not resettlement goals have been achieved; more
importantly whether livelihoods and living standards restored/enhanced and suggest suitable recommendations for
improvement.

Table 9.1 Matrix of Actions under the RPF
ACTIONS, MEASURES, COMPENSATION ENTITLEMENTS AND CATEGORIES IN THE RPF
ACTIONS TO IMPLEMENT THE PROJECTS

Who What When Why (Objective) Comments
Assuming these arrangements
Establish liaison arrangements with already exist with respect to earlier
To facilitate the smooth
other Ministries which will or existing projects involving MoHE The vital first step in the process of
MoHE implementation of the beginning and
necessarily be involved in the they can be utilised as soon as developing the project
operation of the project
implementation of project ; possible to bring Ministries up to
date on future projects
Establish the following
Environmental Compliance & Social
Safeguards Unit within the Creation of the internal Ministry Preparatory work to be done before
MoHE Department of Planning and Policy. On approval of RPF by World Bank arrangements to implement RPF approval of RPF
Desirable to appoint these officers Early appointment will facilitate

Hire two national safeguards Creation of internal Ministry
MoHE well before the commencement of training of these officers. Training
specialists for the ECSSU arrangement to implement RPF
the project organised by ECSSU.
Commence the preparation of To give as much advance publicity to No need to wait for approval of RPF
MoHE materials on the RPF for distribution As soon as possible any project as possible and to alert by World Bank. This work should
to probable APs probable APs of resettlement start as soon as possible
As soon as possible. Advertisements
Prepare terms of reference for There will need to be considerable
can go out before RPF approved but To ensure rapid recruitment
MoHE national social safeguards consultation on this post so action
appointment would be dependent on processes once RPF approved
specialists needs to start early on
RPF approval
MoHE Appoint the implementing Initial work on appointment – terms The implementing NGO will have an Where no or very small-scale
NGO/consultant which is going to of reference; basic requirements for important role to play in all significant resettlement will take place, the
carry out the processes of an NGO/consultant to be qualified to resettlement exercises. ECSSU safeguards officer could be
resettlement apply; vetting applicants. the implementers but anything over

Appointment would not be made that and the implementing NGO
until RPF approved would be involved.
Where likely resettlement will be
This action should begin to be
involved in a site located for To ensure no delay in beginning of Processes for preparing RAP set out
MoHE incorporated into plans developing
university begin preparation of RAP implementation in the text of RPF
the sites for action.
under the RPF
Census of residents and probable As early as possible once project An essential first step in the process Explanation of the importance of this
MoHE
APs within sub-project area site identified of resettlement in the RPF
Consultation must be genuine. As
An essential first step in the process
much information as possible must
Begin the processes of publicity and of planning resettlement and
MoHE Alongside taking the census of APs be given to APs. Utilise village
consultation with APs. developing a resettlement action
meetings and other community
plan
processes
Consult and liaise with local
Essential to ensure that Ministries These bodies will be needed to
governments and regional offices of
MoHE Alongside consultation with APs and local governments know of what assist with village meetings and
associated Ministries on above
is happening consultation with APs.
actions.
Undertake the process of inviting Part of the process of consultation
APs to submit claims for and preparing an RAP as an RAP Compensation and the process of
ECSSU and NGO will be involved
MoHE compensation; assessing must contain precise details of the resettlement are at the heart of an
here
discussing and settling claims with compensation and resettlement RAP and its implementation.
APs payments
The GRC will be involved in The GRC should be ready to be The GRC must be prepared to work
attempting to settle any grievances involved from the commencement of speedily and flexibly so as to ensure
To assist in the process of settling
GRC which APs may have over the the process of assessing and that the project does not get bogged
claims to compensation
compensation that they are being determining the compensation down in never-ending disputes about
offered payable to APs compensation.
Preparation of RAP is a continuous
process commencing with A necessary step to commencing RAP must be approved by World
MoHE Finalise RAP
consultation in connection with action on the ground Bank
census taking
MoHE Prepare information pack for each The information pack to be The pack provides all the basic This is a vital component of an RAP.
AP distributed when RAP approved information which an AP will need to The details of what must be in the
know. What is to occur on information pack are contained in the
resettlement; how much RPF
compensation will be provided; how
the compensation will be provided
and the opportunities for complaints

and settling same.
It is absolutely vital to bear in mind
that all APs claims must be settled
(subject to the limited exception of
Once the APs have been paid their payment of only part of
Implement the compensation and Everything should be ready to be compensation and been resettled, compensation if a dispute is going to
MoHE
resettlement processes of the RAP rolled out once the RAP is approved infrastructural activities on the court as set out in the RPF) before
ground may commence entry may be made on to land from
which APs have been moved and
infrastructural activities may
commence.
1. Work closely with ECSSU in
generating awareness of all aspects
of resettlement and compensation
2. Work closely with APs in assisting

in making, negotiating and if The presence of an independent
necessary taking to the GRC claims agency whose prime function is to This is a key element in the RPF. It
for compensation act on behalf of and support APs in will be important that a reputable and
Throughout the execution of the their claims for compensation is effective NGO is appointed and that
Implementing NGO/consultant
3. Submit regular reports on the RAP designed as a guarantee that the the external monitoring body has
process to MoHE and the monitors process complies with principles of terms of reference that embrace the
substantive and procedural monitoring on the NGO
(administrative) justice
As with the implementing NGO, a

GRC is a further guarantee to APs Another key element on the RPF.
that the process is both Important that the members of the
During the process of determining
Handle AP grievances over substantively (a second and GRC see themselves as
GRC compensation. Meet regularly and
compensation independent opinion on independent and operate
aim to settle disputes within 10 days.
compensation) and procedurally ( an accordingly. They are not there ‘to
AP can have a hearing and put save government money’.
his/her case) fair
MoHE Internal monitoring conducted by Throughout the process of the The OMST is responsible for An essential aspect of the RPF as it
OMST implementation of an RAP with managing projects. It will not have provides an element of project

the major hands-on role which will
be that of the implementing NGO. So
assurance to the World Bank with
it is in a good position to monitor and
regular reports to the World Bank respect to the implementation of A
report on what is happening and will
project
do that via officers of MoHE in the
field
Throughout the process of the The independence of the external
In case of having an independent
implementation of project with monitoring agency (EMA) must be
monitoring through external parties,
regular reports to the World Bank assured in the contract between it
it must t be independent of all bodies External monitoring conducted by An independent overview of the
and guaranteed access to sites; and the MoHE. The World Bank has
involved in the implementation of a external monitoring agent implementation of project
APs; documents; officials in MoHE a substantial interest in the EMA and
project and with independent
and other relevant public and private its outputs so will likely be involved
standing in its own right.
bodies in the selection process.
9.2 Matrix of Compensation Entitlements and Rates
ELIGIBILITY CRITERIA FOR IDENTIFYING APs

How to determine eligibility and
Who is eligible What are they eligible for What’s the objective Comments
compensation levels
Landowners Loss of land and rights to land 1. Official documentation issued by The aim of OP. 4.12 is to As the matrix on the comparison of
or on behalf government compensate all those who have the LLE and OP 4.12 shows, there
lost ‘their’ land. OP 4.12 goes is nothing in LLE which prevents
2. Customary documents; :i.e. beyond technical rules of law or the approach of 4.12 being
documents recognised by both evidence which in part are adopted here
official and customary law as giving designed to bring disputes over
rise to ownership rights land to an end and ensure security
to title. OP 4.12 aims at simple and
substantive justice: “if you’ve been
3. Oral and other evidence with
probative value that the claimant and on this land for a long time and
there is good evidence of that then
his/her family have been in
occupation of the land for at least 35 you should be compensated for
losing it”

years.
4. Open, continuous and interrupted

possession of persons over a very
long time which effectively vests in
them legal rights over the lands they
occupy through acquisitive
prescription.
Observance of permanent
The objective here is to
Permanent improvements they improvements; questioning the
compensate the squatter for
Squatter have made to the land they have squatter and neighbours on when Ditto to above.
expenditure on the land but not for
occupied improvement made; consulting maps
the value of the land itself
and other relevant documents
Agricultural tenants and tenants of Cash compensation corresponding A fair approximation of loss of
Loss of income Ditto
artisanal mines to one year’s crop yield of land lost. income
Their share of the harvest at market
Sharecroppers Loss of income rates plus one additional crop Ditto to above Ditto
compensation.
relocation allowance of Afs x per
months until suitable accommodation
Costs of relocation to other This is a very standard element of Not specifically provided for in LLE
House owners/renters established, and assistance in
accommodation compensation in all systems but nothing to stop is being paid
identifying alternative
accommodation
Loss of livelihoods by agriculturalists Replacement costs for all losses 1. losses will be compensated at The aim is to provide a reasonable This is already an approach which
replacement value in cash based on measure of compensation for loss has been accepted in Afghanistan
current market rates plus an of livelihoods but on the
additional . Indemnity for x months assumption that APs will make a
as transitional livelihood allowance. go of things on their new land. It
provides temporary relief but not
2. When >10% of an AP’s an amount which invites future
agricultural land is affected, APs will indolence
get an additional allowance for
severe impacts equal to the market
value of a year’s net income crop

yield of the land.
Replacement value in cash at

See above. The same reasoning
Residential/commercial land impacts Replacement costs for all losses current market rates free of Ditto
applies
deductions for transaction costs
These impacts will be compensated
in cash at
replacement cost free of

depreciation, salvaged materials,
Those who lose or have buildings and transaction costs deductions.
Replacement costs See above. Ditto
damaged Renters/leaseholders will receive an
allowance geared to the rent they
are paying for 3 months to cover
emergency rent costs.
These impacts will be compensated

through cash compensation at
current market rates for the full
harvest of 1 agricultural season. In
Those who lose income from crop losses Replacement of lost income case of sharecropping, crop See above Ditto
compensation will be paid both to
landowners and tenants based on
their specific sharecropping
agreements.
Those who have lost income from loss of Income replacement based on types
Replacement of lost income See above Ditto
trees of trees lost.
Compensation for business losses
will be based on actual income to be
established by pertinent receipts or
Those who have suffered business losses Replacement of lost income See above Ditto
other documents if demonstrable,
otherwise based on business loss
allowance.
Those who have suffered loss of wages Replacement of lost wages for a Compensation, based on actual See above Ditto
limited period income loss for time duration until

income source .
Vulnerable people (APs below the
poverty line, women household This is a recognition that those
heads, mentally challenged headed classified as vulnerable
Additional compensation over and households, etc.) will be given households will likely suffer losses
Vulnerable households Ditto
above strict loss of income assistance in the form of a one-time over and above income loss and
allowance for vulnerable APs will find it especially hard to get
equivalent to AF x and priority in started again somewhere else.
employment in project-related jobs.
APs forced to relocate will receive a
livelihood allowance of AF x a
month for three months. Transitional
livelihood allowance is computed This is a standard head of
Transitional living allowance for APs based on the prevailing wage rate of
Disturbance compensation compensation in most systems of Ditto
forced to relocate AF x per day times during transition compensation.
time ..
ESTABLISHING VALUATION RATES FOR ACQUISITION

What is being valued How is valuation conducted Input of APs Indicative figures Comments
Rapid appraisal; consultation with
Matters common to all specific types of The figures provided here are
APs; information derived from Yes but not necessarily decisive none
valuation subjected to changes
census and from local authorities
Valuation of the land is pegged on Land values are so far as possible
Land values are dealt with after a
an average, the actual value determined on the basis of ‘objective’
fashion in the LLE.. The Council of
Land including easements (rights of way) depending on the nearness to a factors but it is not possible to ignore
None Ministers determines values but
over land built up area. Land prices are the assumptions of APs about land
there is a local process that
based on the district land prices in values which do play a part in
valuation goes through.
the district government valuation
Structures may be classified
(temporary, semi-permanent and
In the project from which these This approach to structures seems
permanent) based on the materials
classifications are based, they were a good one to adopt. Some APs
used in construction. They may be
arrived at after various consultations considered that the length of time a
Structures classified into class None
with some owners who recently build structure had been standing should
1(mud/brick/wood walls, mud/tin
their houses, local contractors and affect value but this was not a
roof), 2 (tiled roof and normal
some local civil engineers. factor used in valuation
cement floor) and 3 (RCC,
single/double story building)

Valuation was problematic
because of lack of reliable data in
in computing crop losses, a
The unit price for crop losses for a terms of yield. The results of the
combination of four main crops
Crops square meter of land devoted to socio-economic survey were not
was used to get the average yield
the four main crops reliable because the majority of the
and price..
respondents were not aware of
size of their land holdings.
Compensation for productive trees
is based on the gross market value
of 1 year income for the number of
years needed to grow a new tree
with the productive potential of the During interviews with APs on trees,
lost tree. it was pointed out that the fluctuation
of the value of tree products was
Non-productive trees are valued influenced largely by the supply and
based on the multiple years The compensation rate for a fruit
demand and the absence of post The same point as above applies
Trees investment they have required. bearing tree is the average yield
harvest facilities. Fruit was sold here too
per tree times the age of the tree.
when all other farmers sold their
Compensation for non-productive fruit. In the off-season, prices were
fruit bearing tree is the cost of the higher but few farmers could store
sapling plus the cost of maintaining their crops until then
the tree up to the time that the tree
was cut because of the project.
cash compensation at current

No apparent input from APs. But
market rates for the full harvest of
Restoration of income there may be disputes between As noted in column 3 this may not
1 agricultural season. In case of
owners and sharecroppers which be as straightforward as it seems.
sharecropping, crop compensation No figures can be given
officers from the implementing NGO Inter-AP disputes may erupt and
1. Crop losses will be paid both to landowners and
and possibly from ECSSU might the GRC called into action.
tenants based on their specific
become involved in
sharecropping agreements.
2. Business losses compensation for permanent The figures in the next column do not Permanent business will receive This is another area where
business losses will be in cash for seem to admit of negotiation but AF x a month for 6 months. disputes could arise but between
the period deemed necessary to there will be an issue of whether a those offering and those receiving
re-establish the business business is permanent or temporary Temporary business losses will be compensation.
Compensation for temporary on which APs will wish to be paid for a limited number of
consulted and have their views taken months at AF x a month

business losses will be cash
on board
This does not admit of much Ditto but in addition, there could be
3. Income restoration for workers and Indemnity for lost wages for the negotiation although there may be No figures because wages differ disputes between employer and
employees period of business interruption differences of opinion of what count depending on the work being done employee on wages which the
as wages project will have to arbitrate on.
When >10% of the agricultural land Given the problems of measurement
Although this has the appearance
of a AP is affected, APs will get an of APs’ holdings – see above No figures because the exact sums
of objectivity for reasons noted in
Income Restoration Allowance for Severe additional allowance for severe column 5 on crop losses – this may of money involved will depend on
column 3 there may be disputes
Agricultural Land Impacts. impacts equal to the market value be difficult to compute and careful the use to which the land is being
which will need to be handled
of a year’s net income crop yield of negotiations with the APs will be put
sympathetically.
the land lost. necessary
Vulnerable people (APs below the Whether this will be seen as
A one-time allowance for
poverty line, women household There will need to be careful and adequate will depend on the
vulnerable APs equivalent to at
Vulnerable group allowance heads, mentally challenged sympathetic consultation and income forgone. It might be
least AF x and priority in
headed households, etc.) will be negotiation with these APs advisable to build in some flexibility
employment in project-related jobs.
given assistance. here hence the ‘at least’.
Disturbance is a standard head of This is very much a ‘guestimate’. It
APs losing land or losing a house compensation but it will need a may be the best that can be done
At least AF xa month for
Transitional livelihood allowance and forced to relocate will receive willingness to be flexible on rates as in the circumstances. Here too the
transitional period
a livelihood allowance. disturbance is not an objective words ‘at least’ have been added
matter. to provide for some flexibility
What the prevailing market rent is
must differ from place to place. It
House renters forced to relocate
Negotiations with APs central to the is probably not worth while trying to
will receive a rental allowance and x months’ rent at the prevailing
Rental allowance operation of this head of create a ‘shadow’ market. As with
will be assisted in identifying market rate in the project area
compensation other heads of ‘allowances’ some
alternative accommodation
flexibility must be built into the
outcome.

Annex 2: Consultations held in Kabul and Faizabad (August – October 2014)
S. Date of Issues
Stakeholders Discussion Topic Remarks
No. Consultation Emerged/Discussed
NEPA should be
engaged during the
Lower capacity for the implementation of
Mr. Wali Modaqiq implementation of the ESMF,
Deputy DG- ESMF Directorate of NEPA
NEPA ESMF for MOHE Low awareness about at provincial offices
And Mr. Noor September 17, Environmental Law and environmental amenities should be provided
1
Mohammad, 2014 EIA and long-term benefits with a copy of
Director of Weaker coordination on ESMF for reference
Sustainable environmental issues Executive summary
Development btw institutions of ESMF and
guidelines should be
translated into local
languages
Very low knowledge of
Engage NEPA staff
ESMF, Less resourced
in capacity building
NEPA office, Weaker
programs under
institutional capacity of
Visited the Badakhshan MoHE,
Mr. Habib Ullah , NEPA,
University in Faizabad, Share a copy of the
Department of 16 October In-need for office
3 and discuss ESMF ESMF with targeted
Environment, 2014 resources and capacity
implementation in provinces where
Badakhshan building activities about
Badakhshan ESMF
ESMF,
implementation may
Weaker coordination
be required,
about environmental
issues in Badakhshan.

Annex 3: Technical Guidelines
The following Technical Guidelines are intended for use by consultants/contractors involved in the design,
construction and operation of NHESP II projects and illustrate the required mitigation measures corresponding to
specific environmental and social impacts.
The guidelines should be referred to when preparing the EIAs/EMPs responding to the issues identified in the E&S
Screening Form.
This Annex contains the following Guidelines:
Technical Guideline 1: Prevention of and Protection from Soil Erosion.

Technical Guideline 2: Prevention of and Protection from Land Slides.
Technical Guideline 3: Use of Quarries.
Technical Guideline 4: Disposal of Spoil Material, including harmful substances.
Technical Guideline 5: Management of Dust.
Technical Guideline 6: Protection of Historic and Cultural Sites and Facilities.
Technical Guideline 7: Management of Lubricants, Oils and Fuels.
Technical Guideline 8: Health and Safety
In addition, it is recommended to apply best practice guidelines for occupational, health and safety as
outlined in IFC’s Occupational, Health and Safety Guidelines
http://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final+-
+General+EHS+Guidelines.pdf?MOD=AJPERES

Technical Guideline 1: Prevention of and Protection from Soil Erosion
Description of Impact
Soil erosion is the state of land surface disturbance caused mainly by water and wind or other anthropogenic
activities. The objective of this guideline is to minimise the quantity of soil lost during construction due to land-
clearing. In dealing with soil erosion the priority should be given to prevention rather than treatment measures.
In this project ‘low’ to ‘moderate’ scale soil erosion is expected which may be induced by vegetation clearing. Some
generic guidelines which may apply in this project are;
 Natural vegetation shall be retained, protected or supplemented to the extent practical. The stripping of
vegetation shall be done in a manner that minimizes soil erosion
 Large construction equipment shall not be placed in the vase of an infiltration area during construction.
Construction vehicles (if any) shall not be placed in the root zone area of trees to be retained during
construction.
 Onsite waste generated during the construction phase, including, but not limited to discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste shall be removed from the site daily
to the extent feasible or at a regular interval.
 No ground disturbed as a result of site construction and development shall be left as exposed bare soil. All
areas exposed by construction, with the exception of finished building, structure, and pavement , shall be
de-compacted (aerated) and covered with a minimum thickness of six inches of non-compacted topsoil, and
shall be subsequently planted with a combination of living vegetation such grass, groundcovers, trees, and
shrubs, and other landscaping materials such as mulch, loose rock, gravel or stone.
Mitigation Measures
Issue Drivers of impact Mitigation Measures
Erosion due to cut and fills, and - Limitation of earth moving to dry periods
clearing vegetation/trees for - Protection of most susceptible soil surfaces with
construction mulch.
- Protection of drainage channels with berms, straw or
fabric barriers.
- Installation of sedimentation basins, seeding or
planting of erodible surfaces as soon as possible
- Preserve vegetation by physically marking and
building sturdy fence as shown in the picture below:
-
Soil Erosion
- Re-vegetate stockpiles to protect the soil from erosion

Erosion due to slope - Slope stabilization manually or via machines
- Avoid soil surface work under aggressive rain and
strong winds conditions
- Establishment of vegetative cover on erodible surface
as early as possible
Erosion due to construction drain - Proper drainage outlets must be installed connected to
water main sewer system or local drainage.
- Program construction activities so that the area of
exposed soil is minimised during times of the year
when the potential for erosion is high, for example
during summer when intense rainstorms are common.
- Cultivating the cut surface will increase infiltration of
rainfall and decrease the velocity of water across the
slope during rain and therefore reduce erosion
Erosion due to movements (heavy - Stabilise the site and install and maintain erosion
vehicles etc), which causes compact controls so that they remain effective during any pause
soil, changing surface and in construction
groundwater flows and damaging - Keep vehicles to well-defined haul roads, mark areas
future use for agriculture for preservation and instruct workers to honor those
areas
- Keep haul roads off sloping terrain wherever practical
- Minimise the use of heavy equipments to the extent
possible
Erosion due to wind - Ensure that smooth surfaces are deep ripped and left
rough and cloddy to reduce the wind velocity at the soil
surface.
- Construct wind fences if this is appropriate for the site.
Reference:
Erosion & Sediment Control Guidelines For Urban Construction, December, 2006. http://www.rvca.ca/plan-
reg/PDF/TRCA%20S&E%20Control%20GGHCA%20s%2040035.pdf
Arne Eriksson & Asfaw Kidanu (August, 2010) Guidelines For Prevention And Control Of Soil Erosion In
Construction Works. http://www.ilo.org/public/english/region/afpro/daressalaam/download/soil_prevention_kenya.pdf
Best Practice Environmental Management, Environmental Guidelines for Major Construction Sites (1996),
Environment Protection Authority http://www.epa.vic.gov.au/~/media/Publications/480.pdf
Sediment & Erosion Control On Construction Sites Field Guide, Cooperative Extension Service University of the
Virgin Islands (2003), http://www.coralreef.gov/transportation/sederosuvi.pdf

Technical Guideline 2: Prevention of and Protection from Land Slides.
Landslides are a major natural disaster in mountainous areas that causes damage to property and lives. They
are triggered by heavy rainfall, steep slopes, seismic activities and poor drainage system. Considering the
topography of Afghanistan, landslides require special attention in construction activities. The purpose of this
guideline is proposing measure which could help in mitigation or avoiding landslide.
Pre-Construction Phase:
Before the start of construction activities, it is crucial to get familiar with the characteristics of the land. Landslides
can happen on natural slopes or slopes that have been modified by human activity (fills, cuts, waste piles). They
tend to occur on slope angles steeper than 22 degrees (40% slopes), therefore it is advised to determine if
modified slopes exist on your property and if they are stable. Ministry of Urban Development together with
Afghanistan Information Management System has developed landslide hazard maps; these maps may be useful
to avoid being victim of naturally occurring landslides.
Construction Phase:
Water is one of the biggest triggers of landslides, when soils on steep slopes get over saturated; they lose their
strength and are prone to failure. Therefore try to maintain water flowing into its natural drainage ways, or direct it
through drainage pipes but avoid letting it go over the steep slope. The foundation on which on which
construction should be thoroughly tested and any cut or fill slopes and drainage near them should be carefully
designed to avoid landslides.
Post-Construction Phase:
Normally less monitoring is carried out after the completion of construction activities, to avoid landslides it is
recommended to maintain ditches and culverts. Blocked storm water runoff pathways can lead to water running
over slopes that were not designed for it. This can lead to over-saturation of the soil and failure. Also, ensure to
report if you see cracks along the edges of driveways or tops of fill slopes.
Mitigation Measures
Issue (Driver of ) Impact Mitigation Measures
Landslides Steep Slope - Plant trees and other vegetation on the slope to
prevent landslides
- Keep the surface drainage system away from the
steep slopes, loose soil and non-vegetated land
- Surface water should not be allowed to pond on
the landslide-prone slope
- Minimize the land vibrations caused by heavy
equipments used during the construction
Poor Drainage - Direct the drainage water to flow via drainage
pipes instead of allowing it through the slope.
- Keep the surface drainage system away from the
steep slopes, loose soil and non-vegetated land
Modification of slope - Keep the modification of slope to minimum

Removal of vegetation - Avoid removal of dense vegetation on steep slope
as it works as a biostablizer
- Compensate for any vegetation cleared

Technical Guideline 3: Use of Quarries
The construction work is likely to create a huge demand for construction materials such as sand, clay for bricks
and timber which will place a burden on resources. Therefore, there will be impacts related to sand mining
and extraction of gravel from burrow pits/quarries.
The contractor shall ensure that all raw material such as sand, rubble, metal, timber etc required for the
construction of the building are sources from licensed sources. If the contractor himself pans to operate his
own
quarry/sand pit, all necessary approvals from the relevant authorities shall be obtained. Contractor will need to
submit copies of such approvals to the relevant university in-charge.
Mitigation Measures
Uncontrolled stone quarrying - put in-place licensing agreement
Degradation techniques between the district level
of land and representative of department of the
stone / sand mines and minerals and transportation
reserve company.
- Limit the issuance of license to those
who are experienced in quarrying
- Improve the technologies used in
quarrying work
- Method of cutting stone through
improved technology instead blasting
Lack of regulations on quarrying - Include the extraction of the building material such as
land sand, clay, and concrete blocks in the mining law.
Lack of designated land for - The government should designate specific site and
quarrying land for quarrying use.
- The site should be managed by local district mine
officers to ensure sustainable use of the land
-

Technical Guideline 4: Disposal of Spoil Material, including harmful substances
Proper storage and disposal of construction materials and hazardous wastes from the construction site prevents
the discharge of pollutants to storm drains and watercourses.
Managing hazardous wastes - to reduce potential risks to project personnel and the site - requires knowledge
and diligence from both contractor and Caltrans staff. This bulletin reviews typical hazardous waste management
challenges on construction sites and summarizes requirements from Best Management Practice for Hazardous
Waste Management.
Typical Hazardous Wastes:
Best Management Practices applies to all hazardous wastes except aerially deposited lead soils. The typical
hazardous wastes on the construction site include:
 Spills or leaks of construction materials such as concrete curing compounds, asphalt products, paints,
etc.
 Petroleum products from equipment operation and maintenance
 Septic wastes
 Pesticides and herbicides
Common Challenges
Typical challenges of managing hazardous wastes on a construction project include:
 All construction personnel must be properly trained regarding management of hazardous wastes.
 Construction materials that are potentially hazardous should be stored under watertight conditions, while
still making them readily available for use.
 Hazardous waste collected from the project must be stored and disposed of in a manner that is
appropriate for that particular type of waste.
 The contractor must be prepared to respond to spills or leaks that occur anywhere on the project site.
 Failure to clean up spills, or improper storage of hazardous materials, may trigger sampling and analysis
requirements.
Each individual on the project has some level of responsibility for managing hazardous wastes, from the laborer's
responsibility for cleaning up spilled materials, to the Water Pollution Control Manager's responsibility for notifying
the appropriate agencies. All project personnel should be trained to recognize hazardous wastes on the project
and to respond appropriately to ensure safety and protect the environment.
Material Storage Procedures:
A number of common construction materials are considered hazardous wastes when spilled or leaked. Such
materials include concrete curing compounds, asphalt products, paints, stains, wood preservatives, roofing tar,
and palliatives. Such materials should be stored under watertight conditions to prevent their discharge in storm
water. Watertight conditions include storage in a watertight container, storage under a watertight roof or within a
building, or protection by temporary cover and containment that prevents storm water contact and runoff from the
storage area.

Waste Storage and Disposal
Hazardous wastes must be stored in sealed containers constructed of suitable material with a label that clearly
identifies the contents and accumulation date. Store waste containers in containment facilities that are covered
during non-working days during the rainy season and prior to rain events, year-round.
Leaks and Spills:
If a leak or spill occurs, it must be cleaned up prior to a rain event. Spill cleanup kits should be maintained on site
at storage locations to facilitate and expedite cleanup. Spills of hazardous wastes or materials, including any
affected soil or water, should be stored as hazardous waste and disposed of properly.
Mitigation Measures
Hazardous Spills or leaks of construction - Immediate clean up of spill from asphalt products
Waste materials such as concrete curing and paints.
compounds, asphalt products, - Take action to stop the source of the spill.
paints, etc - Toxic substances should not be used for burning
purpose.
- Categorize and proper label chemical substances
required at the construction site.
-
Petroleum products from equipment - trucks should be equipped with
operation and maintenance devices to prevent spillage
- used oils be containerized in standard
packages, and disposed at approved
facility.
- Remove all scrap waste and
petroleum based products from the
site when project work completes.
- The petroleum containers should be
stored away from the rainwater
stream.
Septic wastes - Removal of soil vegetative cover should be kept at
minimum
- Septic tanks or pit latrines should be located far
away from ground water aquifers.

Technical Guideline 5: Management of Dust
Dust generated during clearing and construction work can cause difficulties for students who have
respiratory problems, and become a nuisance during school hours. Soil/ gravel kept for long periods without
proper cover can generate dust and become an inconvenience during school hours and for surrounding
residents. Transportation of materials to site will also generate dust. Decommissioning of existing structures can
also create dust that is potentially hazardous.
Materials such as gravel and soil shall be covered during transport. Frequent watering down of construction site
to minimize dust generation. To prevent dust pollution during the construction period, the Contractor shall
carry out regular watering of the construction site and shall cover material stocks onsite to prevent dust and
other particles getting airborne. All vehicles delivering materials shall be covered to avoid spillage and dust
emission.
Workers who are involved in handling and installing sheets containing Asbestos should take precautions to
minimize exposure by wearing protective masks and showering to minimize spread of dust. Work clothes
used during the installation of sheets should be washed and workers change to clean clothes before leaving
construction site.
The contractor shall, in particular, comply with the regulations for disposal of construction/demolition wastes,
waste water, combustion products, dust, metals, rubble and timber. Wastewater treatment and discharge will
conform to the applicable regulations by the relevant Local Authority and Ministry of Irrigation and Water
Development.
Asbestos wastes, PCBs and other hazardous wastes shall be treated and disposed of in conformity with the
national regulations and where applicable, with the supervision of qualified personnel.
Mitigation Measures
Issue Drivers of Impact Mitigation Measures
Dust in dry months Ensure in the project schedule that the area of cleared
land is minimised during the drier months of the year,
when dust generation is at its greatest
Dust due to movement (vehicles etc) Pave and water haul roads. The frequency of watering
will be determined by weather conditions and the
erodibility of the soil. If additives (only if required) in the
water are used to increase its dust suppression
properties, the chemical should have no adverse
Dust environmental impact on adjacent water bodies.
Other sources of dust generation, such as - Controlled demolitions of existing infrastructure (if
demolition of existing infrastructure etc required) with buildup fence to control dust pollution
and injuries.
- Water areas other than haul roads, if they are a
source of dust.
- Ensure that smooth surfaces are deep ripped and
left rough and cloddy to reduce the wind velocity at
the soil surface.
- Construct wind fences if this is appropriate for the
site.
- Hand water or install temporary sprinklers to
suppress dust from unstabilised stockpiles.

Technical Guideline 6: Protection of Historic and Cultural Sites and Facilities
Overview Potential Impacts and Sustainability Issues

The geographical region that is today Afghanistan has Preservation of Historical and Cultural Properties is
had a rich and long history and culture. Having been critical to preserving history and culture of the nation.
part of grand empires centered at geographical However, if proper legislative and technical framework
locations as diverse as Persia, Greece, Mongolia, and and mechanisms are not in place, the risk of damaging
what is now India, it has been exposed to different those heritage during the course of development
cultures and civilizations and therefore it is rich in projects can be real. Before and during any
cultural and historical heritages. construction work, the following must be considered:
As such there have been numerous discoveries and (i) Project Exclusion sites listed at 2.5.1 . Ensure
incidences of chance finds of objects, sits and that, as far as possible prospecting avoids known
properties of cultural and historical significance.
cultural heritage sites listed in project exclusion
The cultural heritage may be located in urban or rural sites listed in section 2.5.1, of which there are
settings, and may be above or below ground, or under several thousand in Afghanistan, and that the
water. Their cultural interest may be at the local, presence of cultural heritage sites at or near
provincial or national level, or within the international
construction sites be appreciated as early as
community (WB).
possible.
(ii) Chance finds procedures. In case of chance finds
of archaeological sites, The Archaeological
Committee will be alerted through the legal
procedures for identification, protection from theft,
and treatment of chance finds.2 The following
procedures will apply while handling chance finds
including archaeological artefacts.
Chance Find Procedures
Chance find procedures are defined in the Law on Preservation of Afghanistan’s Historical and Cultural Heritage
(Official Gazette, 828, 2004), specifying the authorities and responsibilities of cultural heritage agencies if sites or
materials are discovered in the course of project implementation. This law establishes that all moveable and
immovable historical and cultural artifacts are state property, and further:
1. The responsibility for preservation, maintenance and assessment of historical and cultural monuments rests
with the Archaeological Committee under the Ministry of Information and Culture, which has representation at
provincial level.
2. Whenever chance finds of cultural or historical artifacts (moveable and immovable) are made the
Archaeological Committee should be informed. Should the continuation of work endanger the historical and
cultural artifacts, the project work should be suspended until a solution is found for the preservation of these
artifacts.
3. If a moveable or immovable historical or cultural artifact is found in the countryside of a province, the provincial
governor (wali) or district-in-charge (woluswal) should be informed within two weeks, and they should inform
the Archaeological Committee. In case the immovable historical or cultural artifact is found in a city, the
2
These points are adopted from the annex made for Aynak Archeological sites in Logar Province of Afghanistan.

provincial branch of the Department of Maintenance of Historical Values of the Ministry of Information and
Culture should be informed within two weeks). If the find is made within the center, the Archaeological
Committee must be informed directly within one week.
4. Failure to report a chance find within the stipulated time limit will be punished with a fine or imprisonment for a
period of one week or up to one month.
5. If someone intentionally damages a historical or cultural artifact, the culprit shall pay compensation in
accordance with the value of the artifact plus be imprisoned for a period of one month to ten years depending
on the gravity of the In case of a chance find of moveable or immovable historical or cultural artifact, the
implementing agency is responsible for securing the artifact from theft, pilferage and damage until the
responsibility has been taken over by the relevant authorities as specified above. These procedures must be
referred to as standard provisions in construction contracts, when applicable.

Technical Guideline 7: Management of Lubricants, Oils and Fuels
Contaminated lands may involve surficial soils or subsurface soils that, through leaching and transport, may
affect groundwater, surface water, and adjacent sites. Where subsurface contaminant sources include volatile
substances, soil vapor may also become a transport and exposure medium, and create potential for contaminant
infiltration of indoor air spaces of buildings.
Mitigation Measures
Issues Impacts Mitigation Measures
Lubricants Put workers at risk from exposure to - Prevent dumping of hazardous materials. Burn
spillage hazardous materials waste materials that are not reusable/readily
recyclable, do not contain heavy metals and are
flammable
- Investigate and use less toxic alternative
products
Contaminate ground or surface water when - Repairs and fueling of vehicle and other heavy
machinery repairs result in spills or equipment occur elsewhere or over impervious
dumping of hydraulic oil, motor oil or other surface such as plastic sheeting. Prevent
harmful mechanical fluids dumping of hazardous materials
- All drainage water contaminated with
construction related lubricants must be collected
(preferably treated) and disposed an appropriate
location ensuring no spillage to ground and
surface work
- The waste from fuel and spoil shall be
disposed in such a manner that (i) waterways
and drainage paths are not blocked, (ii) the
disposed material should not be washed away
by floods and (iii) should not be a nuisance to
the public.

Technical Guideline 8: Health and Safety
Potential Impacts Prevention and Mitigation Measures
Injury and death from earthquake: - Apply low-cost aseismic structural designs. Seismically active or
volcanic zones should be avoided if possible. If these sites must be
used, then seismically resistant construction should be used in all
construction activities, and early warning systems established.
- Flood-vulnerable sites should be avoided. When such sites must be

Injury and death from flood; used, then provisions for raising ground level under structures,
drainage and protective dikes are necessary.
- Such interventions may need to be removed during
decommissioning. A local flood warning system should be
established.
- Appropriate drainage systems will be needed during the periods of

heavy rain. Provisions for safe latrine use during the rainy season
will be needed as part of the management plans.
Injury and death from landslides or - Landslide and erosion prone sites should be avoided. If not
heavy erosion; possible, natural vegetation should be maintained in the landslide-
vulnerable slopes and throughout the site, the site should be
terraced to limit runoff, and structures should not built on landslide-
prone slopes. A local landslide warning system should be
established.
Injury and death from fire;
- Incorporate fire safety into management plan including means of
warning and escape, internal fire spread, external fire spread, and
access and facilities for the fire service.
Disease caused by inadequate - Ensure designs include adequate sanitary latrines and access to safe
provision of water and sanitation: water.
- A site should not be selected until a sustainable source of potable

water is available.

Injury and death from toxic materials on - Verify that there are no toxic materials present in the soil or ground
sites water.
- Verify that there are no environmentally hazardous sites (e.g. septic

systems) are located where a building will be constructed.
- Avoid sites with a risk or air or water pollution from industrial or

commercial activities.
- Sites should not be located within 50 meters of main roads. If such

locations cannot be avoided, then site area nearest the road should
be allocated to less frequently activities where possible and barriers
should be placed along the road side of the site to reduce pollution
and the chance of accident.
Disease caused by poor water quality: - Develop a drainage plan for the site which incorporates natural
drainage and drainage infrastructure.
Contamination by seepage from
latrines, municipal waste or agricultural - Priorities leak detection and repair of pipe networks.
areas.
- Chemical and bacteriological testing of water quality from adjacent
High mineral concentrations. comparable sources prior to installation of new sources.
Creation of stagnant pools of water. - Redesign to prevent contamination if adjacent comparable sources
are found to be contaminated.
- Subsequent monitoring of installed or rehabilitated sources.
- Appropriate location, apron and drainage around tube wells and dug
wells to prevent formation of stagnant pools.
- Provision of cover and hand-pump to prevent contamination of dug

wells.
- Where pit latrines are used they should be located more than 10m
from any water source. The base should be sealed and separated by
at least 2m of sand or loamy soil from the groundwater table.
- Where night-soil latrines or septic tanks are built they should be

sealed. Outflows should drain either to a soak-way located at least
10m from any water source or be connected to a working drain.

Sanitation - Proper sanitation services should be ensures for the workers before
the construction work start at least 30 meter away from all surface
water systems, and at least 5 meter about the ground water table.
- Devote adequate attention to identifying and addressing social
barriers to using latrine
- Ensure the use of a reliable and safe system for emptying latrines or
septic tanks and transporting the collected material off-site for
treatment (e.g., a mechanized vacuum pump, associated tank or
container, use of stones to avoid collapse of the pit during emptying,
and the use of protective clothing, long-sleeved shirts and pants,
boots, rubber gloves, and masks / eye protectors, when needed, as
well as access to adequate washing facilities with soap and warm
water)
- Ensure that collected material is adequately treated and not directly
applied to fields or otherwise disposed of improperly
Accidents due to construction work - Road signs of the construction work should be place in appropriate
locations to warn pedestrians and other traffic
- Construction vehicles should not exceed maximum 15km per hour in
the residential area.
- All people within the vicinity of the construction site should use
helmets Ensure that maintenance workers are also trained in first-aid
measures and relevant occupational health and security topics
Stagnant water ponds and water related - Ensure good drainage around water supply points and avoid creating
diseases stagnant water ponds (e.g. through the appropriate design,
installation, use, and maintenance of drains and soak-away pits
- Construct a spigot or similar system that prevents people from
touching impounded water with their hands or mouths
- Avoid the entry of contaminants into the water source/supply system

Annex 4: NHESP II Environmental and Social Screening Form
1. Project Information
Name of reviewer: Date:
2. Subproject Details: Attach location map (longitude – latitude coordinates (GPS reading) if available):
Subproject name:
Location:
(region/district/village)
Type of activity:
Estimated Cost:
Proposed Date of
Commencement of Work:
Technical
Drawing/Specifications Yes/No
Reviewed:
3. Physical Data: Comments
Subproject Site area in ha

Extension of or changes to
existing land use
Any existing property to
transfer to subproject
Any plans for new
construction
Is there adjacent/nearby
critical natural habitat?
4. Preliminary Environmental and Land Information: Yes/No Comments

Is there an EIA required for this subproject? If so, is
there a permit?
Has there been litigation or complaints of any
environmental nature directed against the proponent
or subproject?
Will the subproject require the acquisition of land?
What is the status of the land holding (customary,
lease, etc)?
Is there evidence of land tenure status (affidavit,
other documentation)?
Are there outstanding land disputes?
What is the plot currently being used for? (e.g. List the key resources.
agriculture, gardening, etc)
Will the proposed activities have any impact on any

ecosystem services, biodiversity issues or natural
habitats?

Will the subproject require use of pesticides?
Does the applicant (company) have in place an
established Environmental Management System?
Does the applicant currently incorporate clean
technologies and/or sustainable practices?
5. Impact identification and classification:
When considering the location of a subproject, rate the sensitivity of the proposed site in the following table
according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They
indicate a real risk of causing undesirable adverse environmental and social effects, and that more
substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage
potential effects. The following table should be used as a reference.
Site Sensitivity
Issues
Low Medium High
Natural habitats No natural habitats present No critical natural Critical natural habitats
of any kind habitats; other natural present
habitats occur
Water quality and water6. Checklist
Water flows exceed any andMedium
of environmental intensity of water
social impacts Intensive water use;
resource availability and existing demand; low use; multiple water users; multiple water users;
use intensity (New
of water use; water quality issues are potential for conflicts is
Activities construction and/or renovation) Potential for Adverse Impacts
potential water use conflicts important high; water quality issues
are important Unknown
expected
Soil to be or
erosion low;flooding
no concerns (eg, due to highly
potential water quality
erodable soils or steep gradients)
issues of stream crossings or disturbances
Number
Natural hazards Flat season
Wet terrain; no potential
excavation Medium slopes; some Mountainous terrain;
vulnerability, floods, stability/erosion problems; erosion
Creation of quarry sites or borrow pits potential; medium steep slopes; unstable
soil stability/ erosion no known volcanic/seismic/ risks from soils; high erosion
Significant vegetation removal
flood risks volcanic/seismic/ flood/ potential; volcanic,
Wildlife habitats or populationshurricanes
disturbed seismic or flood risks
Environmentally sensitive areas disturbed
Cultural property No known or suspected Suspected cultural Known heritage sites in
Cultural or religious
cultural heritage sitessites disturbed
heritage sites; known project area
Economic or physical resettlement required
heritage sites in broader
New settlement pressures created area of influence
Involuntary resettlement Other (specify):density;
Low population Medium population High population density;
New accesspopulation;
dispersed (road) construction
legal density; mixed ownership major towns and villages;
Alteration of existing drainage
tenure is well-defined; well- conditions
and land tenure; well- low-income families
defined water
Vegetation rights
removal defined water rights and/or illegal ownership
Wet season soil disturbance of land; communal
properties; unclear water
Construction materials impact on adjacent forests/lands
rights
Quarries and borrow pits created
Cultural or religious sites disturbed
Water supply development effects in available supply
Effect of sanitation development on existing disposal sites
Effects of medical waste on existing disposal system
Economic or physical resettlement required
Number of potential Project Affected Persons (PAPs)
In-migration/settlement induced by facilities development
Local incapacity/inexperience to manage facilities

Activities (New construction and/or renovation) Potential for Adverse Impacts
Unknown
Other (specify):
7. Identify type of activities and likely environmental and social impacts:

What are the likely environmental and social impacts, risks associated with the subproject?

8. Mitigation and Management Measures to be applied
List actions required for mitigation and management of potential risks and impacts.
9. E & S assessment comments based on site visit:
10. Determination of environmental category based on findings of the screening (A, B or C) 3
Requires an EIA
Requires an EMP
Requires a RAP
Requires an SIA
Does not require further environmental or social due diligence
Reviewer:
Signature:
Date:
3
Category A: Projects which may have adverse and significant environmental impacts, and may, therefore, require
full EIA;
 Category B: A proposed subproject is classified as Category B if its potential adverse environmental impacts on
human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural
habitats - are less adverse than those of Category A projects. These impacts are site-specific; few if any of them
are irreversible; and in most cases mitigation measures can be designed more readily than for Category A
projects. The scope of environmental assessment for a Category B project may vary from project to project, but it
is narrower than that of Category A. Like Category A, it examines the project's potential negative and positive
environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for
adverse impacts and improve environmental performance. Given that most sub-projects will not have significant
adverse environmental and social impacts requiring a separate EIA report, the screening process will recommend
the assignment of (i) category B to sub-projects requiring only the application of simple mitigation measures (using
the attached environmental and social checklist); and (ii) some other sub-projects may require a separate EIA
report due to the severity of their potential adverse environmental and social impacts. All sub-projects which
require land acquisition, impacts assets, causes a loss of livelihood, and /or restrict access to natural resources
will require the preparation of an (Abbreviated) Resettlement Action Plan, based on the project RPF report.
 Category C: A proposed subproject is classified as Category C if it is likely to have minimal or no adverse

environmental impacts. In cases where the results of the screening process indicate that the sub-project will not
have significant adverse environmental and social impacts, if any, no additional environmental work will be
required and sub-project implementation can proceed immediately.

Annex 5: Terms of Reference for Sub-Project Requiring an SIA
Based on the screening and scoping results. SIA terms of reference will be prepared. A Consultant Firm
(or individual) will conduct the SIA and the report should have the following format:
Introduction and Context

This part will be completed at a time and will include necessary information related to the context and
methodology to carry out the study.
Objectives of the Study

This section will indicate (i) the objectives and the project activities; (ii) the activities that may cause social
negative impacts and needing adequate mitigation measures.
Mission/Tasks
The Consultant should realize the following:
 Describe the biophysical characteristics of the environment where the project activities will be
realized; and underline the main constraints that need to be taken into account at the field
preparation, during the implementation of the project.
 Assess the potential social impacts related to project activities and recommend adequate
mitigation measures, including costs estimates;
 Assess the need of solid and liquid waste management and suggest recommendation for their
safe disposal;
 Review political, legal and institutional framework, at national and international level, related
social, identity constraints and suggest recommendations for reinforcement;
 Identify responsibilities and actors for the implementation of proposed mitigation measures;
 Access the capacity available to implement the proposed mitigation measures, and suggest
recommendation in terms of training and capacity building, and estimate their costs;
 Develop a Social Management Plan (SMP) for the project. The SMP should underline (i) social
impacts resulting from project activities; (ii) The proposed mitigation measures; (iii) the institutional
responsibilities for implementation; (iv) the monitoring indicators; (v) the institutional
responsibilities for monitoring and implementation of mitigation measures; (vi) the costs of
activities; and (vii) the schedule of implementation.
Public consultations
The SIA results and the proposed mitigation measures will be discussed with local communities, NGOs,
local administration and other organizations mainly involved by the project activities. Recommendations
from this public consultation will be included in the final SIA report.
Outline of the SIA Report

 Cover page
 Table of Contents
 List of Acronyms
 Executive Summary
 Introduction
 Description of project activities
 Description of Environment in the project
 Description of policy, legal and Institutional Framework

 Description of the methodology and techniques used in assessment and analysis of the project
impacts
 Description of environmental and social impacts for project activities
 Social Management Plan (ESMP) for the project including the proposed mitigation measures;
 Institutional responsibilities for monitoring and implementation; Summarized table for SMP.
 Recommendations
 References
 List of Persons/Institutions met
Qualification of the Consultant

The Consultant firm to conduct the SIA studies will be based on their past performances and quality of the
deliverables.
Duration of Study
The Duration of study will be determined according to the type of activity
Production of final Report

The Consultant firm will produce the final report one (1) week after receiving comments from MoHE and
WB. The final report will include comments from these institutions.

Annex 6: Terms of Reference for an EIA
Introduction: State the purpose of the terms of reference.

Background information: Briefly describe the need for, objectives of and major components of the proposal.
Objectives: Summarise the scope of the EIA and timing in relation to project preparation, design, and
approval.
EIA requirements: Identify the regulations and guidelines governing the conduct of the EIA and/or specify the
content of its report.
Study area: Outline the time, space and jurisdictional boundaries of the study.
Scope of work: Identify the tasks to be carried out, information deficiencies to be addressed, studies to be
carried out, methodologies etc.
Task 1. Description of the proposed project: provide a brief description of the relevant parts of the project,
using maps (at appropriate scale) where necessary.
Task 2. Description of the environment: assemble, evaluate and present baseline data on the relevant
environmental characteristics of the study area. Include information on any changes anticipated before the
project commences.
Task 3. Legislative and regulatory considerations: describe the pertinent regulations and standards governing
environmental quality, health and safety, protection of sensitive areas, protection of endangered species,
siting, land use control, etc.
Task 4. Determination of the potential impacts of the proposed project: distinguish between significant
positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts. Identify
impacts that are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of
environmental costs and benefits.
Task 5. Analysis of alternatives to the proposed project: describe alternatives that were examined in the
course of developing the proposed project and identify other alternatives which would achieve the same
objective.
Task 6. Development of management plan to mitigate negative impacts: recommend feasible and cost-
effective measures to prevent or reduce significant negative impacts to acceptable levels and describe the
actions necessary to implement them.
Task 7. Identification of institutional needs to implement environmental assessment recommendations:
review the authority and capability of institutions at local, provincial/regional, and national levels. Recommend
steps to strengthen or expand them so that the management and monitoring plans in the environmental
assessment can be implemented.
Task 8. Development of a monitoring plan: prepare a detailed plan to monitor the implementation of
mitigation measures and the impacts of the project during construction and operation.
Task 9. Public/NGO participation and inter-agency co-ordination: describe how the arrangements for
obtaining the views of local NGOs and affected groups, and in keeping records of meetings and other
activities, communications, and comments and their deposition.
EIA report: keep it concise and limited to significant environmental and social issues. The main text should
focus on findings, conclusions and recommended actions, supported by summaries of the data collected and
citations for any references used.

Annex 7: Terms of Reference for an EMP and Template
The EMP should be formulated in such a way that it is easy to use. References within the plan should be
clearly and readily identifiable. Also, the main text of the EMP needs to be kept as clear and concise as
possible, with detailed information relegated to annexes. The EMP should identify linkages to other
relevant plans relating to the project, such as plans dealing with resettlement issues. The following aspects
should typically be addressed within EMPs.
Summary of impacts: The predicted adverse environmental and social impacts for which mitigation is
required should be identified and briefly summarized.
Description of mitigation measures: The EMP identifies feasible and cost effective measures to reduce
potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation
measure should be briefly described with reference to the impact to which it relates and the conditions
under which it is required (for example, continuously or in the event of contingencies). These should be
accompanied by, or referenced to, designs, equipment descriptions, and operating procedures which
elaborate on the technical aspects of implementing the various measures. Where the mitigation measures
may result in secondary impacts, their significance should be evaluated.
Description of monitoring program: Environmental performance monitoring should be designed to ensure

that mitigation measures are implemented, have the intended result, and that remedial measures are
undertaken if mitigation measures are inadequate or the impacts have been underestimated within the EIA
report. It should also assess compliance with national standards and World Bank Group requirements or
guidelines.
The monitoring program should clearly indicate the linkages between impacts identified in the EIA report,
indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection
limits (where appropriate), and definition of thresholds that will signal the need for corrective actions, and
so forth. Although not essential to have complete details of monitoring in the EMP, it should describe the
means by which final monitoring arrangements will be agreed.
Institutional arrangements: Responsibilities for mitigation and monitoring should be clearly defined. The
EMP should identify arrangements for coordination between the various actors responsible for mitigation.
Budget: Outline the estimated costs for implementation of the mitigation and monitoring measures.
Example formats for an EMP are provided overleaf.
A Sample of an EMP for the Renovation/Construction of Buildings is also attached.

Environmental Management Plan
A. Mitigation
Project Potential Proposed Mitigation Responsibilities Cost Comments

Activity Environmental Measures Estimates (e.g. secondary impacts)
and Social Impacts (Incl. legislation &
regulations)
Pre-Construction Phase
Construction Phase
Operation and Maintenance

Phase
Environmental Management Plan

B. Monitoring
Proposed Parameters Location Measurements Frequency Responsibilities Cost

Mitigation to be monitored (incl. methods & of measurement (Incl. review and (equipment &
Measure equipment) reporting) individuals)
Pre-Construction Phase
Construction Phase
Operation and
Maintenance
Phase

Sample Environmental Management Plan for Construction / Renovation of Buildings
Impact Mitigation measures Monitoring indicator Responsibility

Site and design
Change land use pattern Ensure that present land use at project site is not Participation of communities in local planning Local community / NGO / District Land
critical and the activities can be carried out on nearby Valuation office
land before the site is selected
Destroy important Evaluate to verify that endangered or endemic species Degree of biodiversity (number of species) NEPA / District Environmental Officers
ecological, cultural or and critical ecosystems will not be adversely affected within site boundaries
historical areas An alternative site should be used if the effects are Extent of critical habitats affected
identified as critical
Contaminate soil and water Site human waste and solid waste disposal systems to Participation of communities in local planning Local community / NGO / District
from sewage and solid avoid contamination of surface and groundwater, taking Occurrence of illness or disease Environmental Officers
waste into account soil characteristics and historical
groundwater and surface water conditions
Install adequate, appropriate sewage and solid waste
disposal systems. For example, use above-round
compost latrines in areas with high water tables.
Create risks for residents Ensure that the project site is not located in areas Monitor the amount of rain during intense NEPA / District Environmental Officers
due to possible natural subject to landslides, fires, or flooding; with slopes over storms. More than three to four inches of rain
dangers 20%; or below areas likely to undergo significant per day, or 1/2-inch per hour, have been
deforestation or land clearing. known to trigger mudslides.
If the site is in an area subject to natural dangers, an Monitoring of deep lying displacement by
alternate site should be used or appropriate mitigation boreholes can directly reflect the feature of
measures taken to minimize risk in areas where multilayer deformation of landslide mass and
unavoidable. Measures should include construction of location of landslide zone.
firebreaks, slope stabilization, drainage construction, or Reliance on hydro-climatic, meteorological
elevating housing units on pilings. and earthquake/tsunami warning systems
Create risks for residents Ensure that the project will not be located within the If groundwater will be used for drinking, test Local community / District Environmental
due to human activity near area of influence (1km) of pollution sources or hazards, for chemical and microbial contamination. Officers
the site including factories and mines. Ensure the project is not Identify sources of noise pollution and monitor
downwind of contamination sources. on regular basis.
Causes deforestation If forest is dense or is part of a critical habitat, Routine inspection of site, assessment of NEPA / District Environmental Officers
alternative sites should be found. critical habitats
For each tree cut, plant 20 no later than 6 months after Number of trees planted during construction
the residents have moved in. phase vs number of trees felled

Initiate excessive use of Encourage other energy sources, such as gas, electric, Use and origin of energy sources (gas, Local community / District Environmental
fuel wood as energy source solar electric and solar) Officers
Number of consumers of alternative energy
versus fuel wood
Inadequate ventilation Design building to ensure adequate ventilation Routine inspection of ventilation systems District Environmental Officers
matched in the heating and cooking sources to be
used. Take advantage of wind direction.
Inadequate management of Prepare and implement a solid waste disposal Local complaints of excessive waste District Environmental Officers
solid waste management plan, including system maintenance and Groundwater quality within the site,
disposal, effects on groundwater and wind direction particularly close to water sources
Create health hazards due Sanitation facilities must be included in the project Participation of communities in local planning Local community / District Environmental
to lack of sanitation design Occurrence of illness or disease Officers
facilities (water, sewage, Ensure all sanitation facilities are installed and running
and solid waste disposal) by the time occupants move it
Make potable water Ensure siting of supply systems and choice of supply Conduct seasonal testing of water quality, NEPA / District Environmental Officers
supplies unsafe technologies minimize health hazards particularly for coliform bacteria and arsenic
Cause social impacts in Conduct a social diagnosis of beneficiaries and Participation of communities in local planning Local community / NGO
and around the project site communities around the proposed site before project is
designed.
Implement development program in each community
before or during construction phase
Construction
Risk injury to construction Ensure that workers have proper PPE and follow sound Number of accidents/LTIs during construction Contractor
workers and local safety practices, including use of safety ropes, proper periods
inhabitants blasting safety, noise and dust protection, boots and Routine inspection on site of use of proper
gloves PPE and OHS plans
Ensure that pits are covered or access impeded during Visual inspection of sites including pits,
construction trenches and quarry slopes
Excavate and rebury trenches quickly
Manage quarry slopes to avoid cave-ins
Interrupt local Schedule construction for low traffic days or hours, Number of accidents/incidents as a result of Contractor / Local District Office
transportation phase construction to distribute the impacts of road poor traffic management
closure. Routine inspection of road works and
Conduct work to permit at least alternating one-way maintenance
road passage

Noise disturbance Use less noisy construction techniques including Number of community complaints to local Contractor / Local District Office
making a work schedule to minimize impact authorities about noise.
Routine measuring of decibel levels against
national requirements.
Create dust or mud Spread water to keep dust down. Drain areas prone to Number of community complaints to local Contractor / Local District Office
mud. Schedule land-clearing excavation and similar authorities about dust
activities to avoid extremely dry and wet conditions.
Implement agreed dust control measures such as
wetting dirt roads, truck washing for trucks exiting site,
and monitoring dust emissions
Create breeding grounds Excavate and rebury trenches quickly and arrange for Occurrence of illness or disease Contractor / Local District Office
for disease vectors proper permanent disposal for construction and Inspect site after moderate rains to identify
(standing water in borrow demolition debris, away from watercourses. Fill borrow areas that collect or gully water
pits, demolition debris) pits or assure drainage.
Use shallow wells or streams for construction water,
rather than diverting natural flows to the site.
Erosion Soil conservation measures should be included in the Quality of soil/productivity Contractor / District Environmental Officers
design and implemented. The exact measure will Integrity of road and building structures
depend on the site and the severity of the impact. Accidents due to erosion of roads and
Install checks and barriers, berms, hay bales, or other structures within the site area
vegetation to trap sediment runoff. Revegetate Collection of water in drainage system
disturbed areas.
Impact of labor Recruitment should aim to ensure direct employment Number of workers employed within the Contractor / Local District Office
accommodation on project creation from the immediate neighborhood of project site and neighboring villages/towns
site and working conditions construction sites. Publicly disclosed violations of working
of labor employed by the Contractor should comply with ILO convention and conditions and treatment of labor
project national laws for employment and working conditions Complaints received from community
members
Post-construction / Operation
Landslides, slumps and Avoid areas of soil, slope or geological instability and Degree of erosion Contractor / Supervision Consultant
slips unstable river crossing sites Extent of re-vegetation
Stabilize slopes by planting vegetation Improvement and installation of drainage
Minimize vertical road cuts ditches
Install drainage ditches to divert water away from road
Increased soil erosion Ensure proper and timely maintenance of erosion Quality of soil/productivity Contractor / Supervision Consultant
leading to sediment in control and drainage measures along the road and at Integrity of building structures

runoff and, possibly, gully borrow/quarry sites Accidents due to erosion of road
formation from inadequate Clean out culverts and side channels/runout when they Collection of water in drainage system
maintenance of road begin to fill with sediment
surface, ditches, Fill mud holes and pot holes with quality gravel
borrow/quarry sites, and Use water from settling basins and retention ponds for
drainage and erosion road maintenance
control measures
Quarry used for Discuss with local community the usefulness of using Occurrence of disease or illness Contractor / Supervision Consultant
construction may become a pits as water collection pits for cattle, irrigation
health hazard Highlight issues of disease transmission and the need
to prohibit its use for drinking, bathing, and clothes
washing

Annex 8: Examples of Contract Clauses for Civil Works
Proper environmental management of construction projects can be achieved only with adequate site
selection and project design. As such, the EIA for projects involving any new construction, or any
rehabilitation or reconstruction for existing projects, should provide information as to screening criteria for site
selection and design including the following:
Site selection
Sites should be chosen based on community needs for additional projects, with specific lots chosen based on
geographic and topographic characteristics. The site selection process involves site visits and studies to
analyze: (i) the site’s urban, suburban, or rural characteristics; (ii) national, state, or municipal regulations
affecting the proposed lot; (iii) accessibility and distance from inhabited areas; (iv) land ownership, including
verification of absence of squatters and/or other potential legal problems with land acquisition; (v)
determination of site vulnerability to natural hazards, (i.e. intensity and frequency of floods, earthquakes,
landslides, hurricanes, volcanic eruptions); (vi) suitability of soils and subsoils for construction; (vii) site
contamination by lead or other pollutants; (viii) flora and fauna characteristics; (ix) presence or absence of
natural habitats (as defined by OP 4.04) and/or ecologically important habitats on site or in vicinity (e.g.
forests, wetlands, coral reefs, rare or endangered species); and (ix) historic and community characteristics.
Project design
Project design criteria include, but are not limited to, the consideration of aspects such as heating, ventilation,
natural and artificial light energy efficiency, floor space (ft 2), adequate water supply and sanitation systems,
historical and cultural considerations, security and handicapped access.
Construction activities and environmental rules for contractors

The following information is intended solely as broad guidance to be used in conjunction with local and
national regulations. Based on this information, environmental rules for contractors should be developed for
each project, taking into account the project size, site characteristics, and location (rural vs. urban).
After choosing an appropriate site and design, construction activities can proceed. As these construction
activities could cause significant impacts on and nuisances to surrounding areas, careful planning of
construction activities is critical. Therefore the following rules (including specific prohibitions and construction
management measures) should be incorporated into all relevant bidding documents, contracts, and work
orders.
Prohibitions
The following activities are prohibited on or near the project site:
o Cutting of trees for any reason outside the approved construction area;
o Hunting, fishing, wildlife capture, or plant collection;
o Use of unapproved toxic materials, including lead-based paints, asbestos, etc.
o Disturbance to anything with architectural or historical value;
o Building of fires;
o Use of firearms (except authorized security guards);
o Use of alcohol by workers.
Construction Management Measures
Waste Management and Erosion:

Solid, sanitation, and, hazardous wastes must be properly controlled, through the implementation of the
following measures:

Waste Management:
o Minimize the production of waste that must be treated or eliminated.
o Identify and classify the type of waste generated. If hazardous wastes (including health care
wastes) are generated, proper procedures must be taken regarding their storage, collection,
transportation and disposal.
o Identify and demarcate disposal areas clearly indicating the specific materials that can be
deposited in each.
o Control placement of all construction waste (including earth cuts) to approved disposal sites (>300
m from rivers, streams, lakes, or wetlands). Dispose in authorized areas all of garbage, metals,
used oils, and excess material generated during construction, incorporating recycling systems and
the separation of materials.
Maintenance:
o Identify and demarcate equipment maintenance areas (>15m from rivers, streams, lakes or
wetlands).
o Ensure that all equipment maintenance activities, including oil changes, are conducted within
demarcated maintenance areas; never dispose spent oils on the ground, in water courses,
drainage canals or in sewer systems.
o Identify, demarcate and enforce the use of within-site access routes to limit impact to site
vegetation.
o Install and maintain an adequate drainage system to prevent erosion on the site during and after
construction.
Erosion Control
o Erect erosion control barriers around perimeter of cuts, disposal pits, and roadways.
o Spray water on dirt roads, cuts, fill material and stockpiled soil to reduce wind-induced erosion, as
needed.
o Maintain vehicle speeds at or below 10mph within work area at all times.
Stockpiles and Borrow Pits

o Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15 meters
away from critical areas such as steep slopes, erosion-prone soils, and areas that drain directly
into sensitive waterbodies.
o Limit extraction of material to approved and demarcated borrow pits.
Site Cleanup
o Establish and enforce daily site clean-up procedures, including maintenance of adequate disposal
facilities for construction debris.
Safety during Construction

The Contractor’s responsibilities include the protection of every person and nearby property from
construction accidents. The Contractor shall be responsible for complying with all national and local safety
requirements and any other measures necessary to avoid accidents, including the following:
o Carefully and clearly mark pedestrian-safe access routes.

o If school children are in the vicinity, include traffic safety personnel to direct traffic.

o Maintain supply of supplies for traffic signs (including paint, easel, sign material, etc.), road
marking, and guard rails to maintain pedestrian safety during construction.
o Conduct safety training for construction workers prior to beginning work.
o Provide personal protective equipment and clothing (goggles, gloves, respirators, dust masks, hard
hats, steel-toed and –shanked boots, etc.,) for construction workers and enforce their use.
o Post Material Safety Data Sheets for each chemical present on the worksite.
o Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the
risks to them and their partners, especially when pregnant or planning to start a family. Encourage
workers to share the information with their physicians, when relevant.
o Ensure that the removal of asbestos-containing materials or other toxic substances be performed
and disposed of by specially trained workers.
o During heavy rains or emergencies of any kind, suspend all work.
o Brace electrical and mechanical equipment to withstand seismic events during the construction.
Nuisance and dust control

To control nuisance and dust the Contractor should:
o Maintain all construction-related traffic at or below 15 mph on streets within 200 m of the site.
o Maintain all on-site vehicle speeds at or below 10 mph.
o To the extent possible, maintain noise levels associated with all machinery and equipment at or
below 90 db.
o In sensitive areas (including residential neighborhoods, hospitals, rest homes, etc.) more strict
measures may need to be implemented to prevent undesirable noise levels.
o Minimize production of dust and particulate materials at all times, to avoid impacts on surrounding
families and businesses, and especially to vulnerable people (children, elders).
o Phase removal of vegetation to prevent large areas from becoming exposed to wind.
o Place dust screens around construction areas, paying particular attention to areas close to
housing, commercial areas, and recreational areas.
o Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material.
o Apply proper measures to minimize disruptions from vibration or noise coming from construction
activities.
Community Relations
To enhance adequate community relations the Contractor should:
o Following the national requirements, inform the population about construction and work schedules,
interruption of services, traffic detour routes and provisional bus routes, as appropriate.
o Limit construction activities at night. When necessary ensure that night work is carefully scheduled
and the community is properly informed so they can take necessary measures.
o At least five days in advance of any service interruption (including water, electricity, telephone, bus
routes) the community must be advised through postings at the project site, at bus stops, and in
affected homes/businesses.
Chance Find Procedures
Chance find procedures are defined in the law on Preservation of Afghanistan’s Historical and Cultural
Heritages (Official Gazette, No. 828, 1383/2004), specifying the authorities and responsibilities of cultural
heritage agencies if sites or materials are discovered in the course of project implementation.

This law establishes that all moveable and immovable historical and cultural artifacts are state property,
and further:
1. The responsibility for preservation, maintenance and assessment of historical and cultural
monuments rests with the Archaeological Committee under the Ministry of Information and Culture,
which has representation at provincial level.
2. Whenever chance finds of cultural or historical artifacts (moveable and immovable) are made the
Archaeological Committee should be informed. Should the continuation of work endanger the
historical and cultural artifacts, the project work should be suspended until a solution is found for the
preservation of these artifacts.
3. If a moveable or immovable historical or cultural artifact is found in the countryside of a province,
the provincial governor (Wali) or district in charge (Woluswal) should be informed within two weeks,
and they should inform the Archaeological Committee. In case the immovable historical or cultural
artifact is found in a city, the provincial branch of the Department of Maintenance of Historical
Values of the Ministry of Information and Culture should be informed within two weeks (art. 18). If
the find is made within the center, the Archaeological Committee must be informed directly within
one week (art. 25).
4. Failure to report a chance find within the stipulated time limit will be punished with a fine or
imprisonment for a period of one week or up to one month (art. 72).
5. If someone intentionally damages a historical or cultural artifact, the culprit shall pay compensation
in accordance with the value of the artifact plus be imprisoned for a period of one month to ten
years depending on the gravity of the crime (art. 71).
6. In case of a chance find of moveable or immovable historical or cultural artifact, the implementing
agency is responsible for securing the artifact from theft, pilferage and damage until the
responsibility has been taken over by the relevant authorities as specified above.
These procedures must be referred to as standard provisions in construction contracts, when

applicable. During project supervision, the ESSO/Site Engineer shall monitor that the above
regulations relating to the treatment of any chance find encountered are observed.
Relevant findings will be recorded in World Bank Implementation Status Reports (ISRs), and
Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project’s
cultural resources mitigation, management, and capacity building activities, as appropriate.
Labor and Working Conditions
The Contractor should comply with relevant international conventions and instruments, including those of
the United Nations (UN) and the International Labor Organization (ILO) 4.
Labor and working conditions should cover all aspects related to worker rights, grievance mechanism,
working hours, wages, accommodation, worker rights and collective bargaining at minimum.
Clauses to be inserted into the contractual documents should include, but not be limited to, the following:
 The Contractor shall take all reasonable precautions in the performance of works to protect the safety
and health of employees and members of the public;
4
Convention No. 94, which sets general principles, provides that labor clauses should deal with wages (including allowances),
hours of work and other conditions of labor. Recommendation No. 84 provides further guidance on the possible content of the
labor clauses to be included in public contracts. Such clauses may, for instance, include provisions concerning (a) the normal
and overtime rate of wages for the different categories of workers concerned; (b) the regulation of working time; and (c) holiday
and sick leave entitlements.
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@normes/documents/publication/wcms_099699.pdf

 The Contractor must honor workers rights to belong to trade unions and fully comply with GoA labor
laws regarding wages and general terms of employment;
 Observance of fair wages and labor laws including remuneration and general working conditions and
labor accommodations as laid down by the law;
 All workers employed on the site – whether direct employees of the Contractor or employees of
subcontractors (third party workers) and labor only contractors - shall be employed in accordance with
national labor legislation;
 The Contractor shall strive to create a safe, healthy and employee friendly working environment.
 All Employees of the Contractor shall be at all times treated fairly, irrespective of race, gender or
ethnic origin.
 Female Employees, who perform the same work as male Employees, shall receive equal Wages.
 The Contractor shall not employ persons under the age of 18 (eighteen) years, as Employees.
 Employees shall not be victimised for exercising any of their rights in terms of Law for raising a
grievance, utilising a Contact Centre or refusing to perform work that poses a safety risk.
Labour accommodation
In terms of labour accommodation, the Contractor will adhere to ILO guidelines on worker housing
Workers’ Housing Recommendation, 1961 (No. 115); full text available at:
http://www.ilo.org/ilolex/english/recdisp1.htm
Examples from the guidelines include:

 Housing provided to workers as part of the employment contract should meet certain minimum
specifications in respect of the nature and standard of the accommodation and facilities to be
made available.
 In providing worker housing, the objective should be to ensure “adequate and decent housing
accommodation and a suitable living environment for workers”. This includes upkeep,
improvement and modernisation of housing and related community facilities.
 If housing is provided by the employer “the fundamental human rights of the workers, in particular
freedom of association, should be recognised.” The housing and related community facilities
should be of durable construction, taking into account local conditions, such as liability to
earthquakes. The location of workers housing should ensure that workers are not affected by air
pollution, surface run-off or sewage or other wastes.
 Adequate sanitary facilities should include a minimum of one toilet, one wash basin and one tub
or shower for every six persons. They should be provided at a convenient location which prevents
nuisances.
Environmental Supervision during Construction
The bidding documents should indicate how compliance with environmental rules and design specifications
would be supervised, along with the penalties for non-compliance by contractors or workers. Construction
supervision requires oversight of compliance with the manual and environmental specifications by the
contractor or his designated environmental supervisor. Contractors are also required to comply with
national regulations and best practices governing the environment, public health and safety.

Annex 9: Procedures for Land Mine Risk Management
The following procedures are designed to respond to the risks caused by the presence of mines in
Afghanistan, in the context of:
 Community rehabilitation/construction works to be identified and implemented by the communities

themselves (for small projects of up to $100,000 each);
 Small and medium-size works to be identified by local authorities and implemented by local
contractors (for projects up to $5m each);
 Works to be implemented directly by Government departments/agencies, without use of contractors;
 Large works to be implemented by contractors (for projects above $5m);
General comment applying to all following procedures: All risk assessment and clearance tasks shall be
implemented in coordination with the Mine Action Center for Afghanistan (MACA). These procedures may
need to be amended in the future depending on evolving circumstances.
1. Procedure for Community-Managed Works
Applicability: This procedure applies to community rehabilitation / construction works to be identified and
implemented by the communities themselves (for small projects of up to $100,000 each).
Overall approach: The communities should be responsible for making sure that the projects they propose are
not in mine-contaminated areas, or have been cleared by MACA (or a mine action organization accredited by
MACA).
Rationale: Communities are best placed to know about mined areas in their vicinity, and have a strong
incentive to report them accurately as they will carry out the works themselves.
Communities are required to submit a reply to a questionnaire regarding the suspected presence of mines in
the area where Bank-funded community-managed projects will be implemented. The Mine Action Program of
Afghanistan (MAPA) should formally endorse this questionnaire. It will be a mandatory attachment to the
project submission by the communities and should be signed by community representatives and the external
project facilitator. External project facilitators will receive training from MAPA. Financing agreements with
the communities should make clear that communities are solely liable in case of a mine-related accident.
If the community certifies that there is no known mine contamination in the area, the ministry responsible for
the selection of projects should check with MACA whether any different observation is reported on MACA’s
data base.
a) If MACA’s information is the same, the project can go ahead for selection. The community takes the
full responsibility for the assessment, and external organizations cannot be made liable in case of an
accident.
b) If MACA’s information is different, the project should not go ahead for selection as long as MACA’s
and community’s statements have not been reconciled.
If the community suspects mine contamination in the area.
 If the community has included an assessment/clearance task in the project agreed to be implemented
by MACA (or by a mine action organization accredited by MACA), the project can go ahead for
selection.

 If the community has not included an assessment / clearance task in the project, the project should not
go ahead for selection as long as this has not been corrected.
 Mine clearance tasks must be implemented by MACA or by a mine action organization accredited by
MACA. Communities will be penalized (subsequent funding by World-Bank funded projects shall be
reduced or cancelled) if they elect to clear mines on their own.
 Procedure for Small and Medium-size Works Contracted Out
Applicability: This procedure applies to small- and medium-size works to be identified by local authorities and
implemented by local contractors (for projects up to $5m each).
Overall approach: MACA (or a mine action organization accredited by MACA) should provide detailed
information on the mine-related risks (either based on previously done and updated general survey or on a
new general survey) before projects are considered for selection. Only project sites assessed to have a nil-
to-low risk would be eligible for selection, unless they have been demined by MACA or by a mine action
organization accredited by MACA.
Rationale: Neither local authorities nor local contractors have the capacity to assess the mine-related risks in
a systematic way, while they may have incentives to underestimate them.
Prior to putting up a project for selection, a general survey should be carried out by MACA (or a mine action
organization accredited by MACA) to assess mine-related risks in the area of the project (this should include
checking information available in the MACA data base).
If MACA provides information suggesting a nil-to-low risk in the proposed project area, the project can go
ahead for selection.
The contract between the responsible ministry and the contractor will include a clause stating that in case of
an accident, legal liability would be fully and solely borne by the contractor.
If MACA assesses a potentially high risk in the area (whether due to the presence of mines or uncertainty.
 If the project includes an assessment/clearance task agreed to be implemented by MACA (or by a

mine action organization accredited by MACA), it can go ahead for selection based on agreed funding
modalities (clearance may be funded either under a contract with a Bank-funded project or under
existing donor agreements with the mine action organization);
 If the project does not include an assessment / clearance task, it should not go ahead for selection as
long as this has not been corrected.
 Procedure for Works to be implemented Directly by Government Departments/Agencies Without the

Use of Contractors
Applicability: This procedure applies to works to be implemented directly by Government

departments/agencies, without use of contractors.
Overall approach: MACA (or a mine action organization accredited by MACA) should provide detailed
information on the mine-related risks (either based on previously done and updated general survey or on a
new general survey) before works or installation of goods/materials are carried out in any given area.
Work would only be allowed to proceed in areas assessed to have a nil-to-low risk, unless they have been
demined by a mine action organization accredited by MACA .

Rationale: Government departments and agencies responsible for providing services currently do not have
the capacity to assess the mine-related risks in a systematic way, and currently follow a process of
consulting with MACA prior to carrying out activities.
1. Prior to carrying out work, the Government department/agency will consult with MACA to assess mine-
related risks in the area (this should include checking information available in the MACA data base). If not
already done, then a general survey should be carried out by MACA (Mine Action Organization Accredited)
to assess mine-related risks in the area.
2. If MACA provides detailed information on mine-related risks, which suggest a nil-to-low risk in the
proposed area, the work can proceed. The Government would be solely liable in case of a mine-related
accident.
3. If information provided by MACA cannot support the assessment of a nil-to-low risk in the proposed area
(whether due to the presence of mines or uncertainty), works should not go ahead before MACA (or a mine
action organization accredited by MACA) carries out the necessary further assessment and/or clearance
for risks to be downgraded to nil-to-low, based on agreed funding modalities (clearance may be funded
either under a contract with a Bank-funded project or under existing donor agreements with the mine action
organization).
 Procedures for Large Works Using Contractors
Applicability: This procedure applies to large works to be implemented by large contractors

(projects above $5m).
Overall approach: The main contractor should be responsible for dealing with mine-related risks,
in coordination with the UN Mine Action Center.
1. As part of the preparation of the bidding documents, a general survey should be carried out by
MACA (or a mine action organization accredited by MACA) on all the areas where contractors
may have to work (broadly defined). This survey should provide detailed information on mine-
related risks in the various areas allowing for an un-ambiguous identification of areas that have a
nil-to-low risk of mine/UXO contamination and areas where the risk is either higher or unknown.
The survey should be financed out of the preparation costs of the bidding documents.
2. All survey information should be communicated to the bidders (with sufficient legal caveats so
that it does not entail any liability), as information for the planning of their activities (e.g., location
of campsites, access roads to quarries).
3. Depending on the nature and location of the project and on the available risk assessment, two
different options can be used.
Option 1 – Mine clearance activities are part of the general contract
 Based on the general survey results, a specific budget provision for mine action during
construction is set aside as a separate provisional sum in the tender documents for the
general contract.
 As a separately identified item in their bid, the bidders include a provision for a further
detailed mine assessment and clearance during construction.

 On the instruction of the Supervision Engineer and drawing on the specific provisional
sum for mine action in the contract, the contractor uses one of several nominated sub-
contractors (or a mine action organization accredited by MACA) to be rapidly available on
call, to carry out assessment prior to initiation of physical works in potentially
contaminated areas, and to conduct clearance tasks as he finds may be needed. The
Contractor may also hire an international specialist to assist him in preparing and
supervising these tasks. The Contractor is free to choose which of the accredited sub-
contractors to use, and he is fully responsible for the quality of the works and is solely
liable in case of accident after an area has been demined.
To avoid an “over-use” of the budget provision, the Contractor is required to inform the
Supervision Engineer in writing (with a clear justification of the works to be carried out) well in
advance of mobilizing the mine-clearing team. The Supervision Engineer has the capacity to
object to such works.
Option 2 – Mine clearance activities are carried out under a separate contract
Specific, separately-awarded contracts are issued for further surveying and/or clearing of areas
with a not-nil-to-low risk (under the supervision of the Engineer) by specialized contractors (or a
mine action organization accredited by MACA). The definition of the areas to be further
surveyed/cleared should be limited to those areas where any contractor would have to work, and
should not include areas such as camp sites and quarries/material sites which are to be identified
by the Contractor during and after bidding of the works. As a result of these further surveys and
possibly clearance works, mine-related risk in the entire contract area is downgraded tonil-to-low.
The contract with the general Contractor specifies the extent of the portion of the construction site
of which the Contractor is to be given possession from time to time, clearly indicating restrictions
of access to areas where the mine risk is not nil-to-low. It also indicates the target dates at which
these areas will be accessible. Following receipt of the notice to commence works from the
Engineer, the Contractor can start work in all other areas.
The general Contractor is invited to include in its bid an amount for mine-security, to cover any
additional survey / clearance he may feel necessary to undertake the works.
In case of an accident, a Board of Inquiry is assembled by MACA to investigate on the causes of

the accident and determine liabilities. Large penalties should be applied on the Contractor if the
Board determines that the accident resulted from a breach of safety rules.
All parties involved in this process are required to closely coordinate with MACA and to provide
the Government, local communities, MACA, as well as any interested party the full available
information on mine-related risks that may reasonably be required (e.g., maps of identified
minefields, assessments for specific areas).

Annex 10: Template Notification Form for ESMF Clearance
ESMF CLEARANCE FORM FOR NHESP II SUBPROJECTS
Name of the subproject

Location
Reference number
Date of screening Day/Month/Year

Environmental category A B C
For B projects, was an EIA deemed necessary? No
If so, was one prepared? Yes
Has the EIA been reviewed and approved by NEPA? No

If no, why was the EIA rejected?
Yes
Have stakeholders been consulted and was the EIA
disclosed to the public in accordance with the World
Bank policies and national law?
Was a Resettlement Action Plan required? No
If so, has the RAP been approved and all project
Yes
affected parties compensated accordingly?
Clearance Decision
This subproject has been approved for funding Yes No

Date of clearance: _____________________________________________________________
Name of Reviewer: _____________________________________________________________
Signature of Reviewer: _____________________________________________________________
Name of Director: _____________________________________________________________
Signature of Director: _____________________________________________________________

Annex 11: Template for a Public Consultation Plan
The following are the main issues to consider while undertaking public consultation and disclosure:
 Written and oral communication in local languages and readily understandable formats;
 Accessibility by relevant stakeholders to both written information and to the consultation process;
 Use of oral or visual methods to explain information to non-literate people;
 Respect for local traditions or discussion, reflection and decision-making;
 Care in assuring groups being consulted are representative, with adequate representation of
women, vulnerable groups, ethnic or religious minorities, and separate meetings for various
groups, where necessary;
 Clear mechanisms to respond to people’s concerns, suggestions and grievances.
A Public Consultation Plan should contain the following sections:
Section 1: Introduction
Section 2: A brief description of the Subproject and the Subproject participants
Section 3: A summary of the regulatory context for public consultation
Section 4: Consultation Plan for EIA and pre-construction phases
Section 5: Consultation Plan during construction, operation and decommissioning
Section 6: A summary timetable of consultation and disclosure activities
Section 7: Resourcing issues relating to the implementation of the plan
Section 8: Grievance mechanism

Annex 12: Template for a Disclosure Notice
PUBLIC NOTICE
Date [month/day/year]
Environmental Impact Assessment for [Subproject]
The [Proponent] has prepared an Environmental Impact Assessment for the [Construction/Renovation] of
[Subproject] in accordance with the NEPA Environmental Impact Assessment (EIA) requirements and
World Bank public disclosure requirements.
Copies of the above mentioned document(s) are available in the offices of the [District/Provinces/etc] and
public libraries of the said districts, and on the MoHE website [www.mohe.gov.af] in Pashto, Dari and
English languages.
Local leaders, Project Affected Persons, and members of the public are invited to review the documents
and submit their comments to the MoHE addressed to Mr/Mrs. (insert appropriate person), Title: (insert
position), Tel: (insert number), via email: (insert email), or by writing (insert mailing address).

Annex 13: Format of an Annual Environmental Report for the NHESP II
Relevant environmental authority:

Reporting dates:
Region/District/Municipality/Town:
Subproject approved:
Subproject title Activities Project phase (1) Env. category EIA / EMP Environmental Effectiveness of Issues (2)
completed? Permit granted? EMP
(name, location, (new construction, See note below (B or C) Yes, No or N/A Yes, No or N/A Good, poor, or See note below
title or reference) rehabilitation, needs
maintenance) improvement
1
2
3
etc
Subproject rejected:
Subproject name Activities Reasons for rejection Remarks (3)
1
2
etc
Notes:
a) Investment phase will be one of the following: (a) under project preparation or appraisal, (b) appraised, or (c) implementation.
b) Issues: accidents, litigation, complaints or fines are to be listed.
c) e.g. if an environmental permit was not granted, explain why.

Annex 14: TOR for OMST Environmental Safeguard Specialist
The main role of the Environmental Specialist is to provide technical advice on environmental and social
management and mitigation planning and ensure that the ESMF is fully implemented. The
Environmental Specialist will report directly to the OMST responsible for project management activities
of the NHESP II and to the Director, Plan and Policy Department of MoHE who has responsibility for the
environmental and safeguards work within the MoHE. The Environmental Specialist should hold a
degree in environmental science, environmental engineering and/or related discipline, have a minimum
of 5 years’ experience working with similar projects involving infrastructure development, and be highly
familiar with GoA environmental laws and regulations.
Tasks
 Liaise with NEPA on a regular basis;
 Ensure EIAs/EMPs are carried out, as required, to meet GoA and World Bank requirements;
 Commission an independent consulting firm to carry out an environmental performance audit of the
NHESP II on an annual basis;
 Provide technical advice to regions and districts on all technical issues related to natural resources
and environmental management. These issues will relate to impacts on surface water, groundwater,
agricultural resources and vegetation, sourcing of materials used in construction, human health,
ecology and protected areas, land and soil degradation;
 Provide specific technical advice on mitigation measures for construction and operational activities
related to the project;
 Monitor the implementation of safeguard management plans (EIAs/EMPs) using monitoring
indicators provided in the ESMF and prepare quarterly monitoring reports.

Annex 15: TOR for OMST Social Safeguard Specialist
The main role of the Social Safeguard Specialist is to provide technical advice on resettlement and land
acquisition issues associated with the Project as outlined in the RPF. The Specialist will report directly to
the OMST responsible for project management activities of the NHESP II and to the Director, Plan and
Policy Department of MoHE who has responsibility for the environmental and safeguards work within the
MoHE. The Social Specialist should a university degree, preferably in an applied social science, e.g.
sociology, anthropology, human geography, development economics, or related fields with a minimum of
10 years of experience. The specialist should have in-depth understanding of GoA and World Bank policy
on involuntary resettlement issues. Substantial experience in community mobilization and analysis of
resettlement issues is necessary.
Tasks
 Prepare the TOR for the SIAs and RAP if needed and ensure conformity with World Bank requirements;
 Review the performance and impacts of resettlement undertaken under the ongoing project, drawing
lessons learned and applying them to the project in subject;
 Be responsible for handling entitlements, implementation arrangements and budget for discussion and
awareness raising/capacity building;
 Ensure livelihood restitution measures for relocated households or those losing land are designed as a
project activity with associated budget and implementation arrangement. Include activities, outcomes,
budget, implementation arrangements, outline terms of reference for implementing agencies and
indicators for monitoring and evaluation.
 Identify key stakeholders (poor and vulnerable groups in particular), their project- related interests,
identify their likely barriers to participate in and benefit from project resources, and suggest possible
strategies for addressing the concerns of these stakeholders.

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SFG1037

Ministry of Higher Education

Environmental and Social Management Framework

Second National Higher Education Strategic Plan

Higher Education Development Project

Ministry of Higher Education ii HEDP FINAL ESMF

Figures and Tables

Table 3.1 Academic Staff of Universities by Qualification and Gender………………………………………...14

Ministry of Higher Education iii HEDP FINAL ESMF

Ministry of Higher Education iv HEDP FINAL ESMF

(a) Provision of a Resettlement Policy Framework

Institutional roles and responsibilities

Ministry of Higher Education v HEDP FINAL ESMF

EIA/EMP and RAP preparation, review and appraisal process

 Screening of proposed sub-projects;

Main environmental and social impacts of the proposed Project investments

Ministry of Higher Education vi HEDP FINAL ESMF

Preparation of Resettlement Action Plans

Grievance Redressal Mechanism

Ministry of Higher Education vii HEDP FINAL ESMF

Capacity building and Training

Proposed implementation budget

Public consultations and Disclosure

Ministry of Higher Education viii HEDP FINAL ESMF

Ministry of Higher Education ix HEDP FINAL ESMF

Ministry of Higher Education x HEDP FINAL ESMF

1.1 ESMF APPROACH AND METHODOLOGY

1.1.1 Objective of the ESMF

1.1.2 Provision of a Resettlement Policy Framework

Ministry of Higher Education 1 HEDP FINAL ESMF

1.1.4 Consultations and Field Visits

1.1.5 Public Disclosure

Ministry of Higher Education 2 HEDP FINAL ESMF

2.1 OVERVIEW OF HIGHER EDUCATION STRATEGY

 Building the knowledge and experience of Academic Staff

2.2 PURPOSE OF THE PROJECT

Ministry of Higher Education 3 HEDP FINAL ESMF

Component One: Higher Education Development Program

Theme 1.2: Upgrading Academic Staff Professional Skills

Theme 1.3: Modernizing Quality Assurance and Accreditation

Ministry of Higher Education 4 HEDP FINAL ESMF

Second, institutional development of universities will be strengthened through a Advisors or Mentors

Theme 1.5: Promoting Equitable Participation

Theme 1.6: Stimulating Research and Innovation

Ministry of Higher Education 5 HEDP FINAL ESMF

2.4 PROJECT BENEFICIARIES

2.5 PROPOSED INVESTMENTS

Ministry of Higher Education 6 HEDP FINAL ESMF

2.5.1 Project Exclusion Activities

Involves the use of unsustainably harvested timber or fuel wood.

Ministry of Higher Education 7 HEDP FINAL ESMF

Ministry of Higher Education 8 HEDP FINAL ESMF

4.1 WORLD BANK SAFEGUARD POLICIES AND REQUIREMENTS

Environmental Assessment (OP/BP/GP 4.01)

Ministry of Higher Education 9 HEDP FINAL ESMF

Ministry of Higher Education 10 HEDP FINAL ESMF

4.2.1 The Environment Law of Afghanistan (2007)

Furthermore, it stipulates local communities should be involved in decision-making processes regarding

4.2.3 National EIA Regulations