urban water supply project: social safeguards due diligence report · 2019-01-31 · social...

Social Safeguards Due Diligence Report Project Number: 41403-013 December 2018

Cambodia: Urban Water Supply Project

Prepared by the Ministry of Industry and Handicraft for the Royal Government of Cambodia and the Asian Development Bank. This social safeguards due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

LOAN NO. 3232 CAM URBAN WATER SUPPLY PROJECT

SOCIAL SAFEGUARDS DUE DILIGENCE REPORT

December 2018

Table of Contents

Introduction ...................................................................................................................................................... 1

Summary Discussion/Observations/ Findings and Issues ................................................ 4

A. Pursat ....................................................................................................................................................... 4

(i) Changes in the location / New pipelines proposed ....................................... 4

(ii) Social Safeguard, Environmental and Gender Requirement Compliance .... 5

(iii) Walk-through/Due Diligence Assessment of the ITC 1- ITC 8 Stretch and

New Expansion Line -1,429 m. (ITC-7-ITC 8) in Kandieng Village, Kandieng

Commune .................................................................................................... 5

(iv) Recommendations/For Immediate Action ................................................... 8

B. Kampong Cham ................................................................................................................................. 9

(i) Changes in the location/New pipelines proposed ......................................... 9

(ii) PIA team’s observation on the ongoing construction and completed pipeline works and compliance to safeguard, environment and gender aspects as

per the contract signed by KIM MEX with MIH ........................................... 11

(iii)Walk-through/Due Diligence Assessment of New/Extension Pipelines

(iv) Recommendations/For Immediate Action .................................................. 15

C. Stuong (Kampong Thom Province) ................................................................................... 16

(i) Changes in the location/New pipeline proposed ........................................ 16

(ii) Preparatory activities before construction on PIU/ Contractors’ report ....... 17

(iii) PIU report on completed works under ADB loan Investment...................... 18

(iv) Walk-through/Due Diligence Assessment of New/Extension Pipelines

……… …………………………………...........................................................17

(v) Contract Safeguard Compliance by Contractor .......................................... 21

(vi) Recommendations for Immediate Action ................................................... 22

ANNEXES ........................................................................................................................................................ 24

A. Pursat .................................................................................................................................................... 24

Updated Map of Existing and New Pipe Network for Expansion ....................... 24

A1. WALK-THROUGH ALONG PIPE ALIGNMENT ROW ................................ 25

B. Kampong Cham .............................................................................................................................. 36

(Updated location of Pipe network Distribution) ................................................ 36

B-1 Kampong Cham Pictures: On-going Construction, Restored Sites, and

Pipeline Expansion Network ...................................................................... 38

C. STOUNG WATER WORKS ...................................................................................................... 50

MAP of Existing Pipe Network and Detailed Location of Replacement Pipes and

Interconnection Pipe .................................................................................. 50

C1. Pictures of On-Going Construction and Restored Areas/Pavements and

New Expansion Lines ................................................................................ 52

D. UWSP Pipe laying Contractual Obligation/ Agreement with MIH: Status of

Compliance with Social Safeguard, Environment and Gender Requirements

for Kampong Cham and Stoung .................................................................................................. 61

1

Introduction

The rehabilitation and improvement of water supply systems entail the replacement of

existing water supply pipelines and in some cases the laying of additional pipes to

augment the distribution capacity of the water supply system. The pipe replacement

and new line expansion activities are undertaken in the subprojects located in five (5)

towns in the provinces of (i) Svay Rieng, (ii) Sihanoukville, (iii) Kampong Cham,

(iv)Pursat, and (v) Stoung.

The Social Safeguard’s Due Diligence/Assessment was undertaken in August 2018 during the Field Monitoring Mission in the three (3) provincial towns (Kampong Cham,

Pursat and Stoung(Kampong Thom Province) where construction has begun in some

sites and where civil works have not commenced pending the approval of the MIH-

PMU on the changes in the location of replacement pipelines and the new expansion

lines.

Earlier, in 2017, the PIA consultants, MIH and PIU officers conducted the Project

Disclosure and Consultation meetings with the affected villages and communes in the

five sub-project towns based on the original design and pipeline locations. It focused

on the project objectives and benefits, civil works activities, grievance redress

mechanisms, and safety mechanisms. A project information booklet (PIB) was given

to the village/commune chief for distribution.

In preparation for the civil works and part of the capacity building intervention, an

Orientation on the ADB Safeguards Policy Statement (SPS 2009)/Gender Policy was

conducted for the five (5) provinces where pipeline replacement and expansion lines

will be implemented in Siem Reap on August 16-17, 2018. Five (5) representatives,

including the PIU key officers and the Social Safeguard, Gender, and Environmental

Focal staff attended the training for two days, which included a practicum on the last

day. The orientation focused on the ADB SPS 2009 and ADB gender policy and their

application to the project. For the social safeguard component, ADB IR and IP

policies, grievance redress procedures and mitigation measures on potential impacts

were discussed.

Due Diligence Objectives:

Generally, the objective of the Due Diligence was to update the social safeguards,

environment and gender monitoring of the Contractor’s performance during

implementation at the targeted areas of Kampong Cham, Pursat, and Stoung.

In particular,

• Monitor social safeguard’s compliance for on-going construction activities on

the process, status and restoration in places where civil works have been

completed

• Determine the potential impacts where pipe location changes have been

proposed, particularly, in the new location of replacement pipes and new

expansion lines

• Identify resettlement and gender as well as environmental issues and

recommend corrective actions for on-going and completed civil works, if

needed

• Meet with PIUs/PWWs key management staff and contractor representative

on site to discuss compliance of contract agreement in which social

2

safeguards, environmental and gender mainstreaming requirements have

been integrated.

For purposes of achieving the due diligence objectives, schedules have been

prepared and undertaken. (Please See Schedule of Activities below)

3

Schedule for Mission/Due Diligence Activity

Date Activity Venue/Time Province

11 Oct 2018 AM

Departure from PP to Pursat

08: 00 – 11:00 Pursat

PM

Meeting with Pursat PWW key

management officers

1:00 – 2:00

-Visit completed and on-going

construction activities in the project site

-Meet with Contractor representative

-Interview residents re social safeguard/

gender/ environmental concerns, if any

3:00-5:00

Overnight at Pursat

12 Oct 2018 Back to Phnom Penh

16 Oct 2018 AM

Departure from Phnom Penh to Kampong

Cham

8:00 – 11:30 Kampong Cham

PM

Meeting with Kampong Cham PWW key

management officers

1:00- 2:00




-Interview residents re social safeguard/


2:00-5:00

-Overnight at Kampong Thom

17 Oct 2018 AM

Departure to Stoung (Kampong Thom

province)

7:30 -8:30

AM

-Meeting with Stoung PWW key officers



8:30- 12:00 Stoung

PM

-Continue monitoring/site visit


-Interview residents re: social safeguard/


1:00- 4:00

Departure to Phnom Penh 4:00-7:30

4

Summary Discussion/Observations/ Findings and Issues

A. Pursat

The field mission team met with the PIU management officers in Pursat on October

11-12, 2018. The team discussed its objectives in monitoring the status of the

construction activities but was informed that civil works, particularly, the pipe laying

activities have not begun. The following was discussed:

(i) Changes in the location / New pipelines proposed The stretch along Interconnection 1&2 and another pipeline site (as

presented in the original detailed design) is no longer included in the

revised proposed pipe alignment as it was already existing and completed.

However, an estimated 4,287m in three sites was proposed as a new

pipeline network, located within the (i) stretch of ITC 2 and some portion of

ITC 3; some portion between ITC 5& ITC 6, and (iii) some portions

between ITC 7 and ITC 8, which will serve new connections and additional

households in Kandieng District. Including the pipe network maintained in

their original location (4,693m) and the proposed new pipeline network, the

updated plan brings a total of 8,980m which is the same length as originally

proposed. (See Table 1)

Table 1: Updated Pipeline Distribution After Changes Have Been Made)

No

PIPE QUANTITIES LENGTH TOTAL

LENGTH BOQ

(AFTER

MODIFIED) DESCRIPTION

NO CHANGE

LOCATION DELETE EXTEND

1

OD280 Pipe not change

the location 271 m

1700 m OD280 Pipe delete

because have existing -1429 m

OD280 New location of

pipe proposed by WSU 1,429m

2


the location 3401 m


because have existing -1429m


pipe proposed by WSU 1,429m

3


location 1021 m


because have existing -1429m


pipe proposed by WSU 1429m

TOTAL 8,980 m

Source: Pursat Water Work and Map Existing and New Pipe network for Expansion

(Updated)

5

(ii) Social Safeguard, Environmental and Gender Requirement Compliance The Pursat subproject is considered Category C. No permanent impact

will be experienced. Only temporary impact is seen during the Due

Diligence assessment of the pipe alignment’s ROW as part of the project feasibility in 2014 and which was validated by PIA consultants in 2017.

Social safeguards, environmental and gender requirements are

consequently integrated into the contract agreement with contractors.

The team discussed the need for the contractor to comply with the “Special conditions of the Contract” under Project Pipe laying Work for Five (5)

Towns (Contract ICB No. MIH/UWSP/NCB/C1b funded by an ADB Loan

No.3232-CAM (SF) between the Ministry of Industry and Handicraft and

the Kim Mex Construction & Investment Co, Ltd on social safeguard,

environmental and gender aspects. It was emphasized that the contract

agreement contained several clauses that the contractor must comply

including GCCs 6, 9, 13.4, 33, 35 and 55. These clauses should be

discussed with the contractor representative before the start of

construction.

The team further noted the PIU staff will orient the contractor on specific

clauses of the contract and should also monitor the contractor’s compliance with the same.

(iii) Walk-through/Due Diligence Assessment of the ITC 1- ITC 8 Stretch and

New Expansion Line -1,429 m. (ITC-7-ITC 8) in Kandieng Village,

Kandieng Commune

On October 12, 2018, a field ocular survey and due diligence assessment

were undertaken in all pipe alignments and along the 1,429m expansion

pipeline (between ITC 7 and ITC 8 that will provide additional connection to

households in Kandieng village, Kandieng Commune.

ITC 1-ITC3 is generally a commercial area where many business and

merchandise stores are located. Temporary fixtures such as stalls and

umbrella stand, etc. are found in some business areas but can be moved

during construction activities and may be brought back after construction

and restoration activities. Damaged concrete pavements and driveways

will be restored by the contractor to their original condition after restoration.

In the other portions of the ROW alignment (ITC 6 –ITC 8) where the pipes

will be laid, the road easement is relatively wide enough, free of permanent

illegal structures, and can accommodate about .5m-1 m ROW width for the

pipeline, as well.

The Updated Proposed Alignment is considered Category C. Only

temporary impacts are observed along the pipeline ROW alignment, from

the stretch of ITC 1 to ITC 8. (See Table 2 IR Due Diligence Matrix) )

6

Table 2 IR Due Diligence Matrix

Location Physical/Civil works activity

Type of Impacts Number/length of structures and facilities affected

Mitigation Measures/Actions

ITC 1-ITC 3

Diggings, excavation, pipe laying and backfilling and restoration of concrete pavements

Temporary impacts on movable stalls, umbrella, and tables on situated along the roads and pavement as they will be moved to another place to give way to the civil works.

23 temporary movable stalls ( umbrellas, tables/stands used for merchandise)

(i)Contractor and PIU/PWSS to inform the affected owners of the movable commercial stalls, umbrellas and tables of the project about to commence and will conduct the orientation on the schedule of the civil works and safety measures ahead of time, (ii) Discuss grievance mechanism procedures/GRM structure in place and contact persons in case of complaints and safety measures, (iii)Restoration of affected pavements at temporary impact sites to original condition. Movable stalls and chairs may be brought back to original location after restoration. (iv)) Contractor pays for damage on properties during construction, at full replacement cost, if any. (v)Monitor and document, including photo documentation as evidence of the progress of civil works, all in affected areas/or with temporary impacts to ensure compliance of social safeguard measures.

ITC 1-ITC 8 stretch

Temporary impacts on public properties/ROWs: concrete sidewalks/

The whole stretch of the proposed updated system from

The contractor/PIU/ PWW to coordinate with the concerned Provincial Department of Public Works and Transport(

7

pavements and unpaved road side

ITC 1-ITC 8, for a total of 8,980 m.

DPWT) and concerned public utilities for the construction schedules and corresponding government regulations. (ii)Inform the commune and village/ chiefs in the affected areas about the construction schedule, grievance redress mechanisms and safety measures. (iii)Contractor to provide temporary access when disruption is caused during construction activities (iii)Contractor restores the damage to sidewalks, pavements and unpaved roads to their original condition after construction and pipe-laying activities. (v)PIU and PIA consultants monitor and document (including photo documentation as evidence) the progress of civil works, all in affected areas/or with temporary impacts to ensure compliance of social safeguard measures.

ITC1-ITC 7

Temporary impacts on driveways (residential and commercial)

51 (i)Contractor/PIU/PWWS to coordinate with the village and commune /Sangkat chiefs to inform the construction schedule, grievance redress mechanisms, and safety measures. (ii)Contractor solicits for their comments and suggestions to minimize disturbance of commercial activities during construction activities. As in the other areas where construction had been

8

completed, the contractor adjusted the start of work activities earlier than business openings 6 am and after business at 7 pm in commercial areas.

(iii)Contractor provides temporary access when disruption is caused during construction activities (iv)Contractor restores the affected paved and unpaved sidewalks to their original condition after construction and pipe-laying activities. (v)PIU and PIA consultants monitor and document (including photo documentation as evidence) progress of civil works, all in affected areas/or with temporary impacts to ensure compliance of social safeguard measures.

(See Annex- A 1. Pictures of the Walk-Through Along the Pipelines ITC 1-ITC8

and expansion line between ITC 7 and ITC 8)

Interview with Households in Kandieng village, Kandieng commune,

Kandieng District (New pipeline connection)

A neighborhood of 2-3 families was informed about the installation of a

water pipeline to provide new connections to the village. The households

showed their excitement and welcomed the installation of the new pipeline.

Within their compound, they showed the big jars which they use to catch

rainwater and a filtration unit which they use to purify the water coming

from a nearby river. They also buy purified bottled water for drinking. All of

them expressed they have waited for so long to be connected to the PWW

water service.

The PIU/PWW key officers told the households they will be informed and

oriented when the construction activities will begin.

(iv) Recommendations/ Immediate Action In order to facilitate the compliance of the contract by the contractor, some

of the following should be made:

9

a. The PIU/PWW should be provided a copy of the Contract Agreement

before the commencement of the construction activities as the basis

for their orientation and monitoring contractor’s compliance.

b. The PIU/PWW should also be given a copy of the Contractor’s Schedule so the project stakeholders including the community will be

informed about the dates/schedule of construction activities and

related safeguard measures ahead of time.

c. The contractor should conduct the information dissemination on

HIV/AIDS and other related diseases as part of their health and safety

program in cooperation with local health officers in the commune and

provide a Pamphlet on HIV/AIDS and other related diseases on its

prevention and management.

d. The PIU shall continuously motivate the contractor to employ more

women/female in unskilled work with equal pay to men doing similar

work.

e. The PIU should be able to give feedback on concerns about social

safeguard, environment, and gender requirements of the contract to

the contractor.

f. PMU to mobilize the National Resettlement /Social/Gender Specialist

to assist PIU in monitoring safeguard compliance as well as assist the

contractor in ensuring the conduct of the information dissemination of

HIV/AIDS, prevention and management.

g. PIU and PIA consultants monitor and document (including photo

documentation as evidence) the progress of civil works, all in affected

areas/or with temporary impacts to ensure compliance of social

safeguard measures.

B. Kampong Cham

The PIA team met with the Kampong Cham PIU/PWW key management officers on

October 16, 2018, at the PIU office. Under the contract, there are about 7,720 m of

pipeline replacement to be laid in various locations in Kampong Cham. The team

discussed its objective in monitoring the on-going construction activities and

particularly, for the contractor’s compliance of the social safeguard, environmental and gender requirements specified in the contract.

The PIA team was informed that pipe laying works have commenced in some sites

under the proposed investment/ADB loan. The contractor already finished 43% of the

pipelaying in various sites. More specifically the following were discussed:

(i) Changes in the location of some pipelines

10

Due to the delay in the implementation of the pipe laying construction

works under ADB loan agreement, the PWW proceeded with the civil

works for replacement pipes in some areas using its own funds.

Since pipelines already exist in some areas, changes in the replacement

pipeline locations have been proposed by the PIU and awaiting approval

of the MIH /PMU office. The modified plan is presented below:

Table 3: Modified/Updated proposed Investment (Kampong Cham)

Qty in Actual (After Modified)

Pipe Quantities

No Description Length in

BOQ

Length

Proposal

Note

1 HDPE OD160 320 m - Quantity in BOQ

2 HDPE OD110 7400 m - Quantity in BOQ

3 HDPE OD110 1. 3,993m New Pipe (New

Location)

TOTAL 7720

Table 2a: Distribution of Pipe Network

Qty in Actual (After Modified)

Pipe Quantities Length

Total Length

BOQ(After

Modified)

No Description No Change

Location Delete Extend

1 HDPE OD160 Pipe not

change location 320 m 320 m

2

HDPE OD110 Pipe not

change location 3407 m

7400 m HDPE OD110 Pipe delete

because have existing -3993 m

HDPE OD110 New location

of pipe proposed by WSU 3993 m

TOTAL 7,720 m

Source: Kampong Cham Water Work and Map Existing and New Pipe network for

Expansion (Updated) 2018

(ii) PIU/PWW report on completed works under ADB loan

a. PWW/PIU was not provided a copy of the contract between MIH and

KIM MEX, the contractor. This may have contributed to the limitation

11

of the PIU to monitor safeguard, environmental and gender

requirements of the contract.

b. There was no plan and schedule handed by the contractor to PIU on

the construction period/schedule.

c. Before construction, PIU informed the local authorities and agencies

(DPWT & Public utilities). An official letter was prepared for the

various agencies concerned about the commencement of the pipe

laying/excavation activities.

From the district and commune chief, the village residents were

informed about the construction activities by the village chiefs in

affected villages, where the pipeline was laid.

d. MIH-PMU has approved the proposed changes on the location of the

pipelines, replacing the ones already completed by PIU own funds.

(iii) PIA team’s observation on the ongoing construction and completed pipeline works and compliance to safeguard, environment and gender

aspects as per the contract signed by KIM MEX with MIH (See ANNEX C1 Pictures of partially/completed restoration and Due

diligence assessment of new extension line (NR6 and other sites)

and ANNEX D UWSP Pipe laying Contractual Obligation/ Agreement

with MIH: Status of Compliance with Social Safeguard, Environment

and Gender Requirements for Kampong Cham and Stoung)

a. The contractor representative was not around during the visit, so the

PIA team only relied on the report of the PIU. No construction

activities were ongoing, however, the PIA team together with the PIU

went around to see the restored sites and those still in process.

b. About 43% of the pipe laying activities were completed, according to

the PIU. There were places where restoration is still in the process

such as backfilling and concreting of the pavements affected by the

excavation/digging activities.

c. Asked whether the restored pavement and backfilling in unpaved sites

were acceptable to standards, the PIU noted positively. No serious

issues were raised by the affected persons during the pipe laying

activities particularly, in both residential and commercial areas. Some

residents interviewed by the National Environmental Specialist

expressed their satisfaction with the result of the construction

activities.

d. In a business/commercial district, however, the national engineer

expressed there was one business owner that expressed concern on

potential disruption of business activities. To respond to this concern,

the contractor adjusted the schedule construction activities, either

earlier than 7 am or later after 5 pm.

12

e. Out of the 45 workers, only 2 women were hired for unskilled work,

representing only 4% of the total workers compared to the proposed

30% women to total workers.

f. No IEC information on HIV/AIDS and other health issues were

conducted by the contractor before construction which is one of the

contract requirements on occupational health and safety.

g. Observance of the health and safety condition such as an area for

doing hygiene and sanitation, washing and drinking including rest

area was not very clear. The PIU noted the workers relied on nearby

establishments for the access for drinking, washing, and toilet

facilities. The contract specifically indicated an area to be established

by the contractor for workers for health and safety area.

h. The PIU noted no child labor at the construction sites in observance of

the Cambodian child labor policy.

(iv) PIA Team’s Observation based on Due Diligence Assessment at the New

Extension Line

Table 4 Due Diligence Assessment Matrix (Kampong Cham)




Extension Lines (At different sites) ITC 14,22,4,5,6, 16,11,10,9,7,8,


Temporary impacts on movable stalls, umbrella, and tables on situated along the roads and pavement as they will be moved to another place to give way to the civil works.

7 (i)Contractors and PIU/PWSS inform the affected owners of the movable commercial stalls, umbrellas, and tables of the project about to commence and will conduct the orientation on the schedule of the civil works and safety measures ahead of time. (ii) PIU/Contractor discuss grievance mechanism procedures and contact persons in case of complaints and safety measures. (iii)Contractor restores affected pavements at temporary impact sites to original condition. Movable stalls and chairs may be brought back to original location after restoration.

13

(iv)) Contractor pays for damage on properties during construction, at full replacement cost, if any. (v) PIU and PIA consultants monitor and document (including photo documentation as evidence) the progress of civil works, all in affected areas/or with temporary impacts to ensure compliance of social safeguard measures.

ITC stretch 14,22,4,5,6,16,11, 10,9,7,8 primarily rural residential area and few commercial

Temporary impacts on public paved and unpaved sidewalk/road easement

Length: 3,993 meters

(i)The contractor/PIU/ PWW to coordinate with the concerned Provincial Department of Public Works and Transport( DPWT) and concerned public utilities for the construction schedules and corresponding government regulations. (ii)PIU/Contractor inform the commune and village/ chiefs in the affected areas about the construction schedule, grievance redress mechanisms and safety measures. (iii) PIU/Contractor discuss grievance mechanism procedures and contact persons in case of complaints and safety measures, (iv)Contractor restores the concrete/ paved and unpaved sidewalks to their original condition after construction and pipe-laying activities. (v)PIU and PIA consultants monitor

14

and document (including photo documentation as evidence) the status of progress of construction up to full restoration to ensure safeguard requirements.

Temporary impacts on private driveways commercial pavements.

5 (i)Contractor/PIU/PWW to coordinate with the village and commune /Sangkat chiefs to inform the construction schedule, grievance redress mechanisms, and safety measures. (ii)Solicits for their comments and suggestions to minimize disturbance of commercial activities during construction activities. As in the other areas where construction had been completed, the contractor adjusted the start of work activities earlier than business openings 6 am and after business at 7 pm in commercial areas. (iii) Contractor provides access to residences/ establishments during construction activities to minimize disturbance of their daily activities. (iii)Contractor restores affected pavement/ concrete as well as unpaved sidewalks to their original condition after construction and pipe-laying activities. iv) Contractor pays for damage on properties during construction, at full replacement cost, if any.

15

v) PIU and PIA consultants monitor and document (including photo documentation as evidence) the status of progress of construction up to full restoration to ensure safeguard requirements.

(v) Recommendations/For Immediate Action

For facilitating the compliance and monitoring of social safeguards,

environment and gender requirements, the following should be made:

a. PIU should be provided a copy of the Agreement between the

contractor and MIH and the construction schedule before construction

activities. It needs to review and orient the contractor on the relevant

clauses of the contract such as the social safeguard, environmental

and gender mainstreaming activities before and during construction to

fully monitor safeguard compliance.

b. PIU should remind the contractor to conduct an information

dissemination/campaign on HIV AIDS and other related occupational

diseases as part of the program of health and safety. Some workers

will be coming from outside of the area. Since some civil work has

started or has been completed, the workers in the remaining areas for

completion should be oriented or be given a pamphlet on the

HIV/AIDS and health issues to read or invite a local health officer to

discuss HIV/AIDS and related diseases and their prevention and

management.

c. PIU should motivate the contractor to hire more women as much as

possible in unskilled work and be given equal pay for similar work

undertaken.

d. PIU should monitor the contractor’s compliance with the contract agreement and provide feedback as necessary during construction on

specific agreement to be observed until the restoration of affected

areas and assets is completed.

e. PMU should mobilize the National Resettlement /Social Development

and Gender Specialist to assist the contractor in coordinating with

local health official to conduct HIV/AIDS and other related diseases on

its prevention and management as well as support the PIU in the

orientation and monitoring of the contractor’s compliance of the social safeguard, environmental and gender requirements.

16

C. Stoung (Kampong Thom Province)

Stoung PWW subproject pipe alignment improvement was considered Category C,

which meant no permanent impacts were observed during the Due Diligence

assessment conducted in 2014 as part of the project feasibility study and which was

validated by the PIA team in 2017. Temporary impacts on pavements and pathways

were to be restored by the winning contractor. The social safeguard, environmental

and gender requirements were integrated into the contract for compliance by the

contractor which will be monitored by the PIU on site including the PIA consultants

during and after construction for the complete restoration of affected assets.

The meeting took place at the PIU office on October 17, 2018, and in attendance were

(i) PWW/PIU key officers, (ii) site engineer of KIM MEX, (iii) site engineer of TCO

(contractor for the water treatment plant) and the national engineer consultant (PPIC).

The PIA team discussed its objectives in monitoring compliance of social safeguard,

environmental and gender mainstreaming of the construction activities based on the

contract signed by the contractors with MIH. Particularly, the following were

discussed:

(i) Changes in the location of some Pipe Alignment Stoung PWW’s proposed distribution pipeline is about 7, 176 m. This consists of

HDPE OD 315 (80m), HDPE OD225 (1,863m), HDPE OD160 (3,360m) and HDPE

OD 63 (1,873 m). The updated proposed plan includes proposed changes in the

location of some pipe network and identifying extension lines to replace already

existing ones. The modified plan is presented below:

Table 5: Qty in Actual (After Modification)

Pipe Quantities

No Description Length in BOQ Length

Proposal

Note

1 HDPE OD315 80m Quantity in BOQ

2 HDPE OD225 1,863 m Quantity in BOQ

3 HDPE OD160 3,360m - Quantity in BOQ

4 HDPE OD160 471 m - Existing Pipe (Change

Location)

5 HDPE OD160 - 1,287 m New Pipe (New Location)

6 HDPE OD63 1,873 m Quantity in BOQ

7 HDPE OD63 1,126 m Existing Pipe (Change

Location)

8 HDPE OD63 - 1,873 m New Pipe (New Location)

TOTAL 7176 m

17

Table 3a : Qty in Actual (After Modified)

Pipe Quantities Length Total Length

BOQ (After

Modified) No Description No Change

Location Delete Extend

1 HDPE OD315 Pipe not

change location 80 m 80 m

2

HDPE OD225 Pipe

delete because have

existing

1863 m -1429 m 1863 m

3

HDPE OD160 Pipe not

change location 2073 m

3360 m

HDPE OD160 Pipe

delete because have

existing

-1287m

HDPE OD160 New

location of pipe

proposed by WSU

1287 m

4

HDPE OD63 Pipe not

change location

1878 m

HDPE OD63 Pipe

delete because have

existing

-1878 m

HDPE OD63 New

location of pipe

proposed by WSU

1878 m

TOTAL 7,176 m

Source: Stoung Water Work and Map Existing and New Pipe network for

Expansion (Updated) 2018

(ii) Preparatory activities before construction on PIU/ Contractors’ report

No Contract agreement was provided to the Stoung PIU before construction activities.

Safeguard compliance monitoring was difficult to track without the PIU being aware of

the contract safeguard requirements.

However, as part of its responsiblity the PIU informed all project stakeholders about

the commencement of the construction activities from the district to the commune

officers. The commune officers were responsible for informing the village chiefs and in

return, the village chiefs informed their constituents of the schedule of construction

activities.

All concerned agencies and departments were also informed about the schedule of

forthcoming construction activities through an official letter from the PIU sent to the

DPWT for affected road easements, road crossing (NR 6) and a bridge where the

18

pipeline will pass and laid. Other public utilities were also oriented of the construction

activities including the telephone, electric and optic cable operators.

(iii) PIU report on completed works under ADB loan Investment

Reported completed pipe laying works is described below:

a. Pipe laying

A total of 3,360 m has been completed equivalent to 43.5% of 7,176 m proposed

for ADB loan.

About 1,204 m (160 mm) of pipeline work has been completed and restored in ITC

14 & ITC 16 (Chheur Teal and Kampong Chin Villages) according to the KIM MEX

site engineer. This area was visited by the PIA team and restored pavements and

road easements were observed along this line. (See ANNEX C1 Pictures of

restored road easements and concrete pavements)

A total of 752 m (HDPE 110 m) replacement pipe at ITC 14 and ITC 15 was also

completed along the street perpendicular to NR6.

So far, no negative comments have been heard from the PIU and affected residents

where the replacement pipeline has been laid.

(iv) Extension/expansion Pipeline Walk-Through /Due Diligence Assessment (

NR6 and other sites) (See Annex C1 for the photos of the ROW of the

New Pipe/ Extension Line)

About 1,878 m (HDPE 63& 160) along the national road (NR) 6, ending near

the pagoda of Village Trosang Tea was proposed for new line

extension/expansion. The area is lined with business and commercial

establishments interspersed with few residential structures. During the walk-

through assessment, it was observed only temporary impact will be

experienced by the resident’s/business owners along the pipeline ROW. The

movable fruit stalls, umbrella stands, tables /chairs will be transferred to

another site during construction. The road ROW is wide enough to

accommodate the .5m-1m pipeline right of way. In the talk with the engineer,

the contractor will adjust their schedule if there will be concerns on business

disturbance.

The contractor is expected to restore affected pavements caused by

construction and digging activities.

Another proposed new extension/expansion pipeline with a length of 750m is

located in another village. (Name of the village not known) The ROW is located

beside rural roads that are not paved and with narrower easements. The

temporary impact will be experienced along the proposed new pipe alignment/

extension in unpaved road easement due to diggings and construction

activities. (See Table 6 IR Due Diligence Matrix)

19

Table 6 IR Due Diligence Matrix (Stoung)




NR-6 Extension Line: ITC7,6,17 (1,878 m)


Temporary impacts on movable stalls, umbrella, and tables, fruit/merchandise stands situated along the NR-6 and pavement as they will be moved to another place to give way to the civil works.

11 (i)Contractors and PIU/PWWS to inform the affected owners of the movable commercial stalls, umbrellas, and tables of the project about to commence and will conduct the orientation on the schedule of the civil works and safety measures ahead of time. (ii) PIU/PWW discuss grievance mechanism procedures and contact persons in case of complaints and safety measures. (iii)Contractor restores the affected pavements at temporary impact sites to original condition. Movable stalls and chairs may be brought back to original location after restoration (iv) Contractor pays for damage on properties during construction, at full replacement cost, if any. (v)PIU and PIA consultants monitor and document (with photo documentation as evidence) the progress of civil works up to restoration at impact areas to ensure compliance of social safeguard requirements.

Temporary impacts on public properties/ROWs: pavements and

1,878 m The contractor/PIU/ PWW coordinate with the concerned Provincial Department of Public

20

unpaved sidewalks

Works and Transport( DPWT) and concerned public utilities for the construction schedules and corresponding government regulations. (ii)PIU/Contractor Inform the commune and village/ chiefs in the affected areas about the construction schedule, grievance redress mechanisms in place and safety measures. (iii)Contractor restores the damage to sidewalks, pavements and unpaved roads to their original condition after construction and pipe-laying activities. (iv)Contractor pays for damage on properties during construction, at full replacement cost, if any.

Temporary impacts on private driveways

4 (i)Contractor/PIU/PWWS to coordinate with the village and commune /Sangkat chiefs to inform the construction schedule, grievance redress mechanisms, and safety measures. (ii)Contractor/PIU/PWW solicits for their comments and suggestions to minimize disturbance of commercial activities during construction activities. As in the other areas where construction had been completed, the contractor adjusted the start of work activities earlier than business openings 6 am and after business at 7 pm in commercial areas. (iii) Contractor provides

21

access to residences/business areas to minimize disturbance during construction on their daily routine. (iv)Contractor restores the damage to sidewalks, pavements and unpaved roads to their original condition after construction and pipe-laying activities. (v)Contractor pays for damage on properties during construction, at full replacement cost, if any. (vi)PIU and PIA consultants monitor and document (with photo documentation as evidence) the progress of civil works up to restoration at impact areas to ensure compliance of social safeguard requirements.

(v) Contract Safeguard Compliance by Contractor

The following describes the status of safeguard compliance by the contractor:

a. Occupational Safety and Health. KIM MEX and TCO individually rented a staff

house within the vicinity of the construction site complete with clean water,

toilets and sleeping quarters, and cooking area for the use of workers. No

female worker slept at the quarter.

However, no information dissemination on HIV/AIDS and other diseases had

been undertaken before the commencement of the construction for pipe laying

and the WTP works. This activity was supposed to be a part of the health and

safety program for the workers.

a. Number of workers by gender and remuneration

The contractor for the WTP (TCO) hired a total of 11 workers with only one

female worker in the group representing only 1% total workers. In terms of

remuneration, the unskilled workers were paid 10$ per day and equally given

to both male and female workers.

On the other hand, KIMMEX hired a total of 41 workers with only one female

worker involved in mixing cement and digging activities. In terms of wages,

22

both male and female unskilled workers were equally given of $ 10 rate per

day. This information will be validated from the report of the contractor to the

PIU. (See table below)

b. No child labor was hired during construction.

Workers’ Wage by Sex

Name of Contractor No. of workers

Remarks Male Female

TCO (WTP) 10 1

Wages

Skilled $ 15/day

Unskilled $ 10/day $ 10/day Women hired for cooking,

cleaning and in mixing

cement. Wages were

same as men for unskilled

work

KIM MEX (Pipeline) 40 1

Skilled $ 15/day

Unskilled $ 10/day $ 10/day Women hired for

construction activity/mixing

cement, digging

Wages equal to men for

unskilled work

(See ANNEX D -UWSP Pipe laying Contractual Obligation/ Agreement with MIH:

Status of Compliance with Social Safeguard, Environment and Gender

Requirements for Kampong Cham and Stoung.

(vi) Recommendations for Immediate Action

To facilitate compliance of the social safeguards, environmental and gender

requirements of the contract, the following should be made:

a. PIU should be provided a copy of the Agreement between the contractor and

MIH and the construction schedule before construction activities. It needs a

copy to orient and monitor the contractor on the relevant safeguard clauses

before and during construction up to full restoration of the affected facilities

and pathways/pavements.

b. PIU should remind the contractor to conduct an information

dissemination/campaign on HIV AIDS and other related occupational diseases

as part of the program of health and safety. Some workers will be coming from

outside of the area. Since some civil work has started or has been completed,

23

the workers in the remaining areas for completion should be oriented or be

given a pamphlet on the HIV/AIDS and health issues to read or invite a local

health officer to discuss HIV/AIDS and related diseases and their prevention

and management.

c. PIU should motivate the contractor to hire more women as much as possible in

unskilled work and be given equal pay for similar work undertaken.

d. PIU should monitor the contractor’s compliance with the contract agreement

and provide feedback as necessary during construction on specific agreement

to be observed.

e. PMU should mobilize the National Resettlement/Social and Gender Specialist

to assist the contractor in coordinating with local health official to conduct

HIV/AIDS and other related diseases on its prevention and management as

well as support the PIU in the orientation and monitoring of the contractor’s compliance of the social safeguard, environmental and gender requirements.

24

ANNEXES

A. Pursat

Updated Map of Existing and New Pipe Network for Expansion

25

A1. WALK-THROUGH ALONG PIPE ALIGNMENT ROW (From Interconnection 1 to Interconnection 8 Stretch)

Interconnection 1’s Location

Interconnection 1 location (at road

intersection corner/ near structure and

electric pole)

Interconnection 1 location -near electric

pole

Note: The ITC 1 pipeline stretch/Right of

way is generally along a business and

commercial area. There are

temporary/removable stalls /fixtures

(umbrella shades, tables and chairs, and

goods that may be temporarily removed

during excavations/diggings in the concrete

public easement occupied by business

owners. These fixtures may be brought back

after the restoration of the pavement, based

on the contractor’s agreement with the MIH.

Photo shows ROW proposed pipe alignment

(ITC 1 stretch) Temporary stalls/fixtures in

the background along the pipeline stretch

immediately after Interconnection 1.

26

Interconnection 2: Location & Pipeline ROW Alignment Stretch

Above photo Shows the

location of ITC 2, behind PIU

officer

Above photo shows the

frontage of a merchandise

store/ with a wide pavement

where ROW of the pipe

alignment between the

stretch of ITC 2 and ITC 3 will

be located.

Another merchandise store

along the pipeline stretch

ROW between ITC 2 and ITC

3.

Chairs and stands may be

temporarily

moved/transferred to

another area until diggings

and restoration will be

Wooden fixture encroached

along the pipeline ROW will

be temporarily removed

during excavation and until

restoration is completed.

Tables and chairs are placed

along the Pipeline ROW will

be moved to another location

until diggings and complete

restoration will e completed.

27

completed.

Other temporary structures

at the pipeline ROW may be

temporarily moved to other

location while

diggings/excavation and

before restoration

completion

28

Interconnection 3 site

Above photo shows ITC 3 site and view of Pipeline ROW

29

Interconnection 4

Above photo shows ITC 4 site and view of pipe alignment

Photo shows the original pipe alignment ( stretch of ITC 4)

30

Stretch of Pipeline ROW to ITC 5

Stretch of Pipeline ROW to ITC 5

31

Interconnection 5

Stretch showing Pipeline

ROW between ITC4 and ITC 5

Location ITC 5 Photo shows stretch

between ITC 5 and ITC 6

32

Interconnection 6

Photo shows pipe alignment

between ITC 5 to ITC 6

Location of ITC 6

33

Interconnection 7

Vicinity shows the location of Interconnection 7

Photos show the Pipeline ROW stretch after ITC 7 location

34

Area of the proposed new location of the pipeline at Kan Dieng District towards ITC 8

PIU and PIA team interviewing 3 household heads who are potential beneficiaries of the

new pipeline ( stretch of ITC 7 & ITC8)

35

Interconnection 8 (New location of line expansion)

Lot area of households interviewed with rain water tank at the background at Kandieng

District

Photo shows the new location of pipe alignment up to Interconnection 8 (based on

proposed updated Map of Pipe Network Expansion) No encroachment along road

easement is observed and only temporary impact is expected during construction

activities. The area is generally rural and residential.

36

B. Kampong Cham

(Updated location of Pipe network Distribution)

37

Kampong Cham

38

B-1 Kampong Cham Pictures: On-going Construction, Restored Sites, and New

Pipeline Expansion Network PWW Compound Discussion Meeting with PIU & Site visited

Kampong Cham PWW Compound where meeting with PIU was held

Two photos show on going construction at stretch between ITC 16 and 17 / right photo

shows the restored road easement

39

Photos show completed (left photo) and partially restored pavement in front of a shop at

the stretch ITC 16 and ITC17 ( middle and right photo)

Photos show location of the restored pavements along ITC 16 and ITC 17

40

Three photos show backfilled/restored unpaved frontage of residential houses

Photos restored frontage of residential and siding of a beauty parlor/shop along ITC 16

and ITC 17

41

Above photos show inside a beauty parlor with the partially restored tiles. The team

interviewed the owner, had no issues and was satisfied with the results.

Above photos show the fully restored pavement between ITC 16 and ITC 17

42

Part of the restored pathway and pavement

Part of the restored pathway and pavements

43

Restored Pavements in front of residential houses

Photos show restored pathways

44

Photos show interconnection site/Location and ongoing construction

Photos show restored concrete pavements

45

Photos show restored driveways/pavements

Middle and right photos show restored pavements and ITC site

46

Photos show ITC area / restored pavement

Photo shows proposed pipeline extension

47

Left photo shows proposed

extension pipe alignment

Photo show proposed

extension pipeline alignment

Right photo shows the entry

of proposed extension

pipeline

Left and middle photos show proposed extension pipe alignment

48

Middle and right Photos show the proposed extension pipe

alignment

Photos show wide ROW of pipeline alignment, no permanent structures within

49

Proposed pipeline extension /wide road easement and ROW for the pipeline alignment

50

C. STOUNG WATER WORKS

MAP of Existing Pipe Network and Detailed Location of Replacement Pipes and

Interconnection Pipe

52

C1. Pictures of On-Going Construction and Restored Areas/Pavements and New

Expansion Lines

Ongoing construction activities for the motor building at

the Stoung PWW compound. One female worker is hired a

cleaner and cook.

Above photo shows on-going construction along the stretch between ITC 02 and ITC 09

with backfilling already done except the final restoration. The middle picture shows PIU

personnel interviewing the household owner who expressed satisfaction of on-going

pipeline construction. The right photo shows the pipe alignment will pass in front of the

concrete fence.

53

Left photo shows pipeline ROW. The middle photo shows ITC location. Right photo

shows ROW of the new proposed pipeline. In both sites, ROWs have no encroachment

and open for the new pipe alignment.

Two (left and middle) photos show the ROW and the road easement where the pipeline

will be laid down. The pipeline ROW is wide and has neither permanent or temporary

encroachers. Right photo shows the end of the restored pathway.

54

Middle photo shows the end of existing pipeline. Right photo shows the new location

of the beginning of the proposed pipeline. There is no observed encroachment at the road

easement or ROW.

Stretch of existing pipeline

55

Photo Shows stretch of existing pipeline

Along the stretch of NR 6, on -going construction activities. Photo shows

observance of safety measures during construction by workers.

56

Along the stretch of NR 6, on -going construction activities at the left side of the road.

Along NR 6, three (3) photos show ongoing construction activity with a worker shown in

the background wearing a reflectorized jacket and hard hat.

57

Left photo shows ongoing construction activity along NR 6. The middle photo shows an

interconnection site where the PIU officer, National Environmental Specialist, and

National Engineer stood.

Commercial establishment along NR6 where new expansion pipeline will be located.

Wide road easement and ROW is observed. Pipe laying will not pose a problem but only

a temporary disturbance will be experienced.

58

Along the stretch of NR6 showing wide road easement and temporary fruit and goods

stall that can be moved during construction.

Structures with temporary and movable fixtures along NR 6 where expansion pipeline

will be located; may be moved back after restoration.

59

Portion of NR6 stretch where extension/expansion pipeline will be located. This is near

the commercial/business area. Temporary and movable structures are found in the

above pictures which may be moved during construction. The NR 6 being a national road

has a wide easement that can accommodate the pipe network ROW.

NR6 stretch where new/pipe expansion will be constructed. Wide road easement and

minimal disturbance will be experienced.

60

NR6 Stretch where proposed new pipeline expansion is located/ temporary and movable

structures (umbrella stand ) are observed/Road easement is wide enough to

accommodate a .5 to 1 m pipe ROW.

End of proposed expansion site (1,878 m) Pipe alignment ROW: ITC 07 stretch ending at

Pagoda along NR 6. No encroachment and permanent illegal structures were observed

within the ROW.

x

61

D. UWSP Pipe laying Contractual Obligation/ Agreement with MIH: Status of Compliance with Social Safeguard, Environment and Gender Requirements for Kampong Cham and Stoung

Clause No. Specific Clause /

requirement

Compliance

/Remarks

Action Needed

Kampong

Cham

Stoung

GCC 1.36 The Works consist of Supply

and installation of water

supply distribution pipes with

various diameters in five (5)

towns with a total length of

30.4 km as follows: Svay

Rieng 3,230m, Sihanoukville

3,390m, Kampong Cham

7,720m, Pursat 8,890m and

Stoung 7,176m.

GCC 2.3 (i) The following documents

also form part of the Contract:

1. Initial Environmental

Examination;

2. Environmental

Management Plan;

and

3. Resettlement Plan

- - Request the PIU to discuss

this clause with the

contractor’s representative on site.

GCC 6 “The Contractor shall adequately record the

condition of roads, agriculture

land, and other infrastructure

prior to the start of

transporting materials, goods

and equipment, and

construction.”

No available report.

Contractor

representative/ site

engineer was not

around during the

monitoring visit

No available

report

Request the contractor for

the documentation report of

pre-construction status of

the roads, agriculture and

other infrastructures and to

be monitored by the PIU

and the national engineer.

GCC 9 “The Contractor shall comply with (a) all applicable laws

and regulations relating to

environment, health and

safety; (b) the Environmental

Safeguards; and (c) all

measures and requirements

set forth in the Initial

Environmental Examination

(“IEE”), the Environmental Management Plan (“EMP”), the Resettlement Plan (“RP”) (to the extent they concern

impacts on affected people

during construction), and any

corrective or preventive

No available

document

Contractor

representative/site

engineer was not

around during the

monitoring visit/

The PIU reported

does not have a

copy of the contract

Agreement between

Ki Mex and MIH.

No available

document

PIUs should be given a

copy of the Contract

Agreement as the basis for

monitoring compliance of

the contractor with the

contract agreement with

MIH, particularly, social

safeguard, environment and

gender mainstreaming

requirement.

62

actions set forth in the

Safeguards Monitoring

Report.

The Contractor shall make an

available budget for all such

environmental and social

measures.”

GCC 13.4 The Contractor shall

1. comply with all

applicable labor laws

and core labor

standards;

Being complied with

Being complied

with

PIU to continuously monitor

the compliance of this

clause for the interest of

workers.

2. use their best efforts

to employ and train

women and local

people, including

disadvantaged

people;

No documents

available

No documents

available

Check with the two

contractors whether training

has been done for women

during employment

including local people.

3. Provide equal pay to

men and women for

work of equal type;

PIU women and are

given equal pay on

similar work

Contractor noted

for unskilled work

women and men

are paid equally

Request contractor to hire

more women in non-skilled

work

4. Provide and

adequately equip

first-aid, health and

sanitation, and

personal hygiene

facilities for male and

female workers at the

Project site;

A house was

rented for the

workers by the

contractor where

they rest, with

water and hygiene

facilities.

5. Conduct information

and education

campaign on sexually

transmitted diseases

and HIV / AIDS for

construction workers

as part of the health

and safety program

during Project

implementation; and

-On the conduct of

the IEC campaign

on sexually

transmitted disease

such as HIV/AIDS.

The PIU noted no

information activity

or training was

conducted for the

construction

workers

-No IEC activity on

HIV/AIDS as part

of the health

program for

workers was

conducted in

Stoung

PIU to remind the

contractors ( For pipelaying

and WTP) on their

contractual obligation to

conduct information on

HIV/AIDS as part of the

health and safety program

for workers

6. Abstain from child

labor.

-No child labor

employed

-No child labor

employed

While construction is still

ongoing, contractor to

comply with no child labor

policy

63

D Contract Management

GCC 33 Upon completion of

construction, the Contractor

shall fully reinstate pathways,

other local infrastructure, and

agricultural land to at least

their pre-project condition as

recorded by the Contractor in

consonance with its obligation

in GCC Clause 6.”

-Some pipe

alignments have

been completed

and concrete

pavement and

pathways have

been restored

partially restored.

Some pipe

alignments have

been completed

and concrete

pavement and

pathways have

been restored

PIU and national engineer

to monitor the restoration

activities for damaged

pavement and pathways to

the pre-project condition.

GCC 35 “In addition to the notice of

any Unforeseeable physical

conditions, the Contractor

shall provide the Engineer

with a written notice of any

unanticipated environmental,

resettlement or indigenous

risks or impacts that arise

during construction,

implementation or operation

of the Project that was not

considered in the IEE, the

EMP, or the RP.”

--

-

PIU to remind contractors to

provide written notice on

potential unanticipated

environment and

resettlement impacts and

risks that arise during

construction.

H – Special Clauses

GCC 55 The Contractor shall provide

the Employer with quarterly

reports of its activities,

including each of its

obligations in Sub-Clauses 6,

9, 13.4, 33, and 35.

--- --- Request PIU to follow up

the contractor for the

quarterly reports and share

it to PIA consultants

1. Labor Law Respect of Basic Principles

of Labour Law

The Contractor shall respect

the Cambodian Labour Law,

enacted by the National

Assembly by Decree No 99

Kr. Of October 1992 and also

the International Labour

Standards of the International

Labour Organization. In

particular, the contractor shall

in all circumstances respect

the basic principles of these

standards which are:

1. The freely exercised

right of the concerned

workers, without

distinction, to

organize, to further

and to defend their

interests as well as

the protection of

--

--

Further request the

contractor’s compliance for this clause.

64

those workers who

exercise their right to

organize, to further

and to defend their

interests as well as

the protection of

those workers who

exercise labor in all

its forms;

2. Prohibition of forced

or compulsory labor

in all its forms;

Compliant Compliant PIU to monitor the

contractor’s compliance with

this clause during

construction activities

3. Equal remuneration

for men and women

for work of equal

value

Compliant Compliant The contractors expressed

their compliance with this

clause but should be

validated in their payment

record

4. Prohibition of

employment of

children below the

age of 18 years

(Cambodian Labour

Law Article 177) as

the minimum age for

employment

permitted which by its

nature could be

hazardous to the

health and safety of

an adolescent

equality of

opportunity and

treatment in respect

of employment and

occupation without

discrimination on

grounds of race,

color, sex, religion,

political opinion,

national extraction or

social origin.

Compliant Compliant The contractor expressed

their compliance with this

clause but should be

continuously monitored

while the construction is in

progress, and validated

through their payment

record

65

5. Decent Work Decent Work Conditions for

Infrastructure Works

Rates of Pay; The contractor

shall ensure that the wages of

its personnel (skilled and

unskilled), their hours or work

and the labor conditions are

at least as favorable as those

established for work of the

same character in the

construction industry in the

area where the work is

carried out.

No available data No available data Validate ongoing rates of

the construction industry for

skilled and unskilled

workers and compare it with

the contractor’s rate for the project workers

Engagement of Labour;

Priority shall be given by the

contractor to hiring locally

available labor and where

there is a surplus of

applicants for such

employment the lottery

system shall be utilized so as

to ensure an equal

employment opportunity for

men and women. Where local

workers are found available in

sufficient numbers they shall

be recruited from within 5 km

of the actual worksite and

new workers should be taken

on as the project activities

move ahead.

Local laborers are

hired, although

there are workers

hired from outside

due to their skills

Local laborers are

hired, although

there are workers

hired from outside

due to their skills

PIU should orient the

contractors on this clause to

increase project

benefits/employment for

local residents

Timeliness of payment; The

contractor shall ensure that

wages are paid in Cambodian

legal tender (Riel) in full and

directly to the workers

concerned at least fortnightly

(every 2 weeks).

No documentation

report available

No documentation

report available

PIU should request for the

payment record to check

the consistency of the

contractor’s timeliness of the workers’ payment

Default of payment of wages;

In the event of default in

payment in wages to any

worker employed on the

contract, by the contractor

and or his/her subcontractors,

and if a claim with satisfactory

proof is received by the

Government engineer, the

Government engineer may

make a payment of such a

claim out of the monies at any

time payable under the

contract and the amount so

paid shall be deemed

----

---

PIU to monitor if there is

such a condition on default

payment among workers.

66

payments to the contractor or

subcontractor under the

contract.

Payment records; The

contractor shall maintain

complete sets of payment

records, recording the names,

ages, and gender of the

workers and the amount paid.

Such records shall be

submitted together with

progress payment claims

made under the contract.

No information

document available

No information

document

available

PIU shall request the

contractor to provide them

the payment record,

recording the names, ages,

and gender of the workers,

tasks and amount paid if

weekly or bi-monthly

payment is made

Health and safety. The

contractor is responsible for

the health and safety of the

workers and should ensure

that they have access to safe

drinking water during working

hours. The contractor is

responsible for the health and

safety of the workers and

should ensure that they have

access to safe drinking water

during working hours. The

contractor shall maintain a

Cambodian Ministry of Health

approved First Aid Kit and

facilities on each construction

site and maintain a register of

all work-related accidents.

The contractor shall also be

responsible for the

evacuation of an injured

worker to a hospital as a

result of any work-related

accident.

According to PIU,

during the day the

workers use nearby

food stalls or food

shops in the

establishment and

use their facilities

for washing,

drinking, eating as

well as hygiene

practices.

-Contractor

(KIMMEX) for

pipelaying rented

a house complete

with amenities

-The contractor for

WTP also rented a

house complete

with facilities

toilet/bathroom,

kitchen and

sleeping quarters.

The women only

work during the

day and go home

to their houses

which are nearby.

Only one or two

women are hired

by the contractors

for the pipelaying

and WTP civil

works as cement

mixers, cleaners,

and kitchen cook.

PIU to continuously remind

the contractors during

construction on their

obligations to this clause.

67

Sanitation amenities; The

contractor shall ensure that

all of the workforces have

access to a sanitary latrine

and washing facilities during

and immediately after working

hours, with separate facilities

for men and women and

shall, if necessary, provide

and maintain latrines in a

clean and sanitary condition.

The contractor shall also

thoroughly disinfect and fill

latrine pits, swamps, and

trenches when no longer

required for the works.

Partly complied

with.

PIU to continuously remind

the contractors during

construction on their

obligations to this clause

Workers compensation; The

contractor shall provide social

security of all of its workers

and workers’ compensation in the event of any work-related

accident resulting in injuring

or death, in accordance with

those established in the

construction industry for work

of the same character in the

area the work is being carried

out.

No available

documents.

No available

documents

PIU to discuss this clause

with contractors regarding

their obligation with respect

to workers compensation in

case of accident or injury

and death.

Indemnity; The contracted

shall be responsible to protect

the public and his/her

employees against accident

from any cause and shall

indemnify the Government of

Cambodia against any claims

for damages for injury to

persons or property, and shall

take steps to ensure against

any such claim.

---

----


with contractors before

construction activities.

Task Assignment; All workers

shall be provided with specific

instruction/information

contained in this Labour

Clause to this contract and

additionally the contractor

shall inform the workers of

the basis of payment under

which they are engaged: that

is; whether engaged on a

daily wages or on piece work

or task work, the expected

output for the payment made

and whether the worker is

engaged as a skilled

No available

documentation

No available

documentation


with the contractors before

the commencement of

construction

68

or unskilled worker.

6. Gender and

Social

Dimension

Effective gender

mainstreaming

The Project includes a Labor

and Gender Action Plan

(LGAP) to ensure women’s access to project benefits,

mostly through their

participation in the labor force

recruited to reconstruct and

maintain the infrastructure. In

line with the LGAP, the

Contractor will guarantee

equal pay for equal work, and

at least 30% of unskilled labor

hired will be women.

Independently hired social

development and gender

consultants engaged by the

IA will monitor this.

There was no

contractor

representative was

present during the

meeting with PIU.

As far as the hiring

of women in

unskilled work, the

PIU noted around

45 persons were

hired for the pipe

laying/ construction

activities and out of

these number, there

were two (2) women

hired engaged in

backfilling and

digging,

representing only 4

% of total workers

hired.

For Stoung,

KIMMEX, hired

about 41 persons

for pipe laying and

out of this, only

one female worker

is hired for non-

skilled work.

For TCO, the

contractor for

WTP, out of the 11

persons involved

in civil work, only

one female was

hired responsible

for cooking and

cleaning activities

representing only

2% compared to

30% target.

To validate this

requirement, the PIU be

given the payroll/payment

record of the contractor

which is required to be

attached to preparing the

progress billing of this

contract. Given the data

provided by the PIU, the 2

women engaged in

construction represent only

5% of the 45 male workers

hired or 4% of total workers

hired.

69

ANNEX E. List of Persons Met

NAME POSITION/ORGANIZATION

Pursat Water Works

1. Mr. Keo Sara PIU

2. Mr. Seang Seng Puthea PIU

Kampong Cham Water Works

1.Mr. Preap Somala Chief of Kg. Cham Waterworks (PIU)

2.Mr. Yim Sophy PIU

3.Mr. Try Teang Hong PIU

4.Mr. Teng Savoeun PIU

3.Mr. Chhit Chamroeun PIU

Stoung Water Works

1.Mr. Leng Savy PIU

2.Mr. Moa Videt PIU

3.Mr. Kim Tola Consultant

4.Ms. Koen Chanda WW’s staff

5.Mr. Moa Siha Contractor (KIM MEX)

6.Mr. Sam Mary WW’s staff

7.Mr. Lat Long PIU

8.Mr. Leng Sim Engineering of TCO

urban water supply project: social safeguards due diligence report · 2019-01-31 · social...

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