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.
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
-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
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
-Visit completed and on-going
construction activities in the project site
8:30- 12:00 Stoung
PM
-Continue monitoring/site visit
-Meet with Contractor representative
-Interview residents re: social safeguard/
gender/ environmental concerns, if any
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
OD160 Pipe not change
the location 3401 m
4830 m OD160 Pipe delete
because have existing -1429m
OD160 New location of
pipe proposed by WSU 1,429m
3
OD110 Pipe not change
location 1021 m
2450 m OD110 Pipe delete
because have existing -1429m
OD110 New location of
pipe proposed by WSU 1429m
TOTAL 8,980 m
Source: Pursat Water Work and Map Existing and New Pipe network for Expansion
(Updated)
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(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.
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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)
Location Physical/Civil works activity
Type of Impacts Number/length of structures and facilities affected
Mitigation Measures/Actions
Extension Lines (At different sites) ITC 14,22,4,5,6, 16,11,10,9,7,8,
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.
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
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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)
Location Physical/Civil works activity
Type of Impacts Number/length of structures and facilities affected
Mitigation Measures/Actions
NR-6 Extension Line: ITC7,6,17 (1,878 m)
Diggings, excavation, pipe laying and backfilling and restoration of concrete pavements
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.
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
29
Interconnection 4
Above photo shows ITC 4 site and view of pipe alignment
Photo shows the original pipe alignment ( stretch of ITC 4)
31
Interconnection 5
Stretch showing Pipeline
ROW between ITC4 and ITC 5
Location ITC 5 Photo shows stretch
between ITC 5 and 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.
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
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
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
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.
---
----
PIU to discuss this clause
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
PIU to discuss this clause
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
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