Transcript Document
Social Due Diligence in EIB Lending : an Introduction to EIB’s Social Standards Eleni Kyrou, Social Development Specialist PJ/ECSO November 5th, 2014 European Investment Bank 1 I. The Foundation of EIB’s E&S Framework EIB’s general approach to the environment and social well-being is derived from the Lisbon Treaty (2009) The Charter of Fundamental Rights of the EU as the main reference for EIB’s social standards; and supplemented by good practice requirements (MFIs’ standards, ILO Core Labour Conventions, UN Guiding Principles on Business & Human Rights, etc) EIB Statement of Environmental and Social Principles and Standards (2009) as its highest-level policy articulating EIB’s commitments to environmental and social sustainability EIB E&S Practices Handbook (updated 2013) operationalizes the Statement, introduces HR language, and provides guidance to promoters on compliance and alignment to E&S performance EIB E&S Standards apply to all regions (exceptions indicated); all types of financing; both public and private sector projects; throughout the project cycle 2 European Foundation of EIB’s Environmental & Social Framework EIB Statement of Environmental and Social Principles and Standards (2009) Good practice requirements Charter of Fundamental Rights of the EU Lisbon Treaty Art. 11. - integration of environment in all other policies • • Highest-level policy of the Bank articulating EIB’s commitments to environmental and social sustainability Applicable to all regions, all types of financing, to the whole project, throughout the project cycle European Investment Bank 3 EIB Environmental and Social Framework Lisbon Treaty EU Charter of Fundamental Rights Environmental and Social Practices and Procedures Operationalised by Environmental and Social Standards 1. Assessment and Management of Environmental and Social Impacts and Risks 2. Pollution Prevention and Abatement 3. Standards on Biodiversity and Ecosystems 4. Climate-related Standards 5. Cultural Heritage 6. Involuntary Resettlement 7. Rights and Interests of Vulnerable Groups 8. Labour Standards 9. Occupational and Public Health, Safety and Security 10. Stakeholder Engagement Informing Statement on Environmental and Social Principles and Standards Thematic and Sector Guidance Sourcebooks Transparency Policy European Investment Bank 4 The Integrated Approach EIB E&S SPS committing to sustainability and the protection and respect of human rights 10 EIB E&S Standards : key requirements for Bank supported operations Internal due diligence procedures for the Bank EIB E&S Framework Integration: Environment, climate change, social issues, biodiversity and ecosystems Standards apply to both public and private sector and to all regions What do EIB’s E&S policies and Standards Encompass? COMPLIANCE QUALITY ENHANCEMENT RISK & IMPACT MANAGEMENT EIB Environmental and Social Standards • Requirements to be met throughout the life of an EIB-supported operation • Help promoters manage E&S impacts and risks • Help promoters improve their E&S performance through implementation of sound environmental and social practices, transparency and accountability. Standard 1: Assessment and Management of Environmental and Social Impacts and Risks Standard 5: Cultural Heritage Standard 6: Involuntary Resettlement Standard 7: Rights and Interests of Vulnerable Population Groups Standard 8: Labour Standards Standard 9: Occupational and Public Health, Safety and Security Standard 10: Stakeholder Engagement European Investment Bank 7 The Role of the EIB vs the Role of the Promoter European Investment Bank 8 The Social Standards: Key Messages & Specific Outcomes Defined The social standards that need to be achieved are defined, but not the way in which they are achieved Avoid impacts – Application of the Mitigation Hierarchy Avoids prescription and allows promoters to develop solutions that are appropriate to the circumstances and location Increases both opportunities and risks for promoters and their financiers Opportunity • • • • Innovation License to operate Cost effectiveness solutions Efficiency Risk • • Promoter and EIB need to understand what they have to do Capacity constraints of the promoter can mean that impacts are not managed European Investment Bank 9 EIB Social Due Diligence Guiding Principles Appraisal in the context of the project’s definition, covering relevant stages of the project cycle, proportional to impacts and risks; Support positive environmental and social outcomes; Comply with national laws (but if not adequate – EIB/EU/IFI policies should be the substitute) but sometimes not enough to say project is acceptable because it has national approval; Apply international best practices; Create ownership among stakeholders; Assess implementation capacities and systems; Support the rights of the project affected people; Monitoring and review; Not to be dogmatic but use experience, sector and country knowledge, judgement and common sense. European Investment Bank 10 III. Human Rights Integration: Key Principles HR impact assessment seen as an integral part of a robust social impact assessment – not required as a stand-alone instrument HR mitigation hierarchy as key principle -- premised on the principle of remedy rather than off-setting Focus on materiality of risk to affected persons, now acknowledged as rights-holders Guided by considerations of likelihood, severity, and frequency of HR impacts anticipated, hence ordering the prioritization of mitigation measures accordingly (with exceptions in supply chain) Likelihood is often linked to: (i) the country context related to specific rights, and (ii) specific business relationships posing particular HR risks Severity is to be appraised on basis of gravity of anticipated impacts (scale), scope and remediability of the said impact Considerations of influence over potential impact and leverage over those able to affect change should inform attribution of responsibility and obligation for action European Investment Bank 11 III. Human Rights Integration: Key Challenges Supply chain risks remain due to the decision to limit the requirement to the application of standards and due diligence on the first-tier supplies Application of standards in environments with poor governance (and particularly with public promoters) Challenges related to monitoring and follow-up of implementation of commitments by promoters European Investment Bank 12 Understand Promoter Capacity and Commitment E&S Assessment Reporting E&S Plan Promoter Capacity & Commitment Capacity & Training Monitoring Engagement European Investment Bank 13 What’s in the Standards? Objectives Definitions General guidance Screening questionnaire Specific requirements where sensible Further references European Investment Bank 31 What’s not in the Standards? Detailed step-by-step directions Coverage of all likely project scenarios Detailed methodologies for further studies =>Social Development Specialist Further resources European Investment Bank 31 Standard 1: Assessment and Management of Environmental and Social Impacts and Risks Objective To anticipate, avoid, minimize, and compensate for impacts and risks; To mitigate or minimise negative impacts to affected communities and the environment; To promote effective use of environmental and social management systems To promote adequate engagement and communication with project-affected communities In sum: Standard 1 establishes the importance of (i) integrated assessment to identify the environmental and social impacts, risks, and opportunities of projects; (ii) effective community engagement through disclosure of project-related information and consultation with local communities on matters that directly affect them; and (iii) management of environmental and social performance throughout the life of the project . European Investment Bank Page 16 Standard 1: Assessment and Management of Environmental and Social Impacts and Risks Key elements Assessment Management M&E Stakeholder engagement Relevant frameworks of reference SEA Assessment area, taking into account: assets or facilities or associated works directly owned or managed by the Promoter and integral parts of the main project intervention; supporting/enabling activities; associated facilities or businesses; areas and communities likely to be affected by cumulative impacts When do we undertake a comprehensive environmental and/or social assessment? Environmental and Social Management Plans (ESMPs) Organizational and Management Systems Intermediated Operations; Corporate loans European Investment Bank Page 17 Standard 8: Labour Standards Objectives To promote fair treatment, non-discrimination, equal opportunity and safe conditions for workers and employees; To ensure compliance with national employment and labour laws; To protect workers and avoid the use of forced or child labour; To promote the right to freedom of association. Key elements The Bank is expected to undertake a labour assessment, follow up in monitoring Requires comparable terms and conditions for all workers; Defines first-tier supplier and contractor, requiring application of due diligence at that level, too; Introduces requirements for workers’ accommodation; Ensures worker access to a grievance mechanism; Introduces the notion of labour audit. European Investment Bank Page 18 Standard 8: Labour Standards Red lines No child labour is admissible No forced or bonded labour is acceptable Highly desirable Freedom of association and the right to collective bargaining Screening Check Promoters’ awareness of ILO Core Labour Standards and compatibility with national law Assess risk in terms of labour problems [downtime, union problems, workermanagement relationships, working conditions, etc ] Is there an internal grievance mechanism for workers? Review the Promoter’s employment policies (HR), their adequacy, and management’s capacity to implement Are the actions required to meet necessary standards articulated in the ESMP? How to handle subcontractors and supply chain? Do not rely automatically on fellow IFIs in the transaction European Investment Bank Page 19 Standard 9: Occupational and Public Health, Safety and Security Objectives To anticipate and avoid or manage health, safety and security impacts on workers and the public; To safeguard people and property in accordance with relevant human rights principles. Key highlights •The Standard applies to 1st-tier suppliers and primary contractors. Promoters are recommended to seek to apply the Standard through the supply chain with the use of a human rights due diligence assessment. •Where health impacts on the public and/or the workers of significant magnitude, an ESHIA is expected. Specifically for the labour domain, a hazard assessment is foreseen. •Labourers’ accommodation and health, hygiene & safety considerations •Security management enters the scene in our due diligence •Different risks related to HSS that the promoter needs to address, managed through a variety of plans, such as: influx management plan; emergency preparedness plan; traffic management plan; security management plan etc. •IFI differences on OSHS European Investment Bank Page 20 Standard 9: Occupational and Public Health, Safety and Security Screening Assess health, safety and hygiene risks for workers and communities alike transportation and access, waste disposal, security personnel, in-migration of workers – exposure to disease, etc. Plans or measures to deal with these risks Is there a formal structure to deal with the HSH issues? Reporting measures of incidents? Are there any significant security threats? Is the Promoter considering the hiring of public or private security forces? Check living and hygiene conditions at labourers’quarters Monitoring can be done by site visits for major projects by lenders advisors European Investment Bank Page 21 EIB Project Cycle and Social Due Diligence Elements Upstream PreAppraisal Approval CA Implementation Identification PIN Loan negotiation Operation Issues meeting Appraisal AFS COP Opinion for Business plan Social Completio n Appraisal (OA) Completio n Appraisal report report ESIA (s) EA Contract Progress reports E&S E&S - REM indicators screening ESDS covenants Env. eligibility E&S Rating (loan conditions) REM Project cycle Paper trail E&S issues European Investment Bank 22 Stages of the EIB Project Cycle and Relevant Points of Disclosure and Engagement • Pre-Appraisal Promoter: Community engagement and consultation • Appraisal • Approval • Disbursement • Supervision EIB: EIB: Promoter: Publication of NTS/EIS Publication of ESDS On-going Community Engagement / European Investment Bank Documentation Updates 23 ECSO: What We Strive For ECSO: Environment, Climate and Social Office (PJ) • • • Three (3) social specialists in place available for full attribution and/or helpdesk function Social screening process once PIN is issued Social Working Group (inter-directorate) We work towards: Adding value A collaborative and transparent process; Engage stakeholders in a variety of ways; Adapt to ever changing global E&S needs; Obtain feedback from directly-affected communities and promoters. European Investment Bank 24 THANK YOU Eleni Kyrou PJ/ECSO European Investment Bank 25