IFC’s appraisal considered the environmental and social management planning process and documentation for the Project and gaps, if any, between these and IFC’s requirements. Where necessary, corrective measures, intended to close these gaps within a reasonable period of time, are summarized in the paragraphs that follow and (if applicable) in an agreed Environmental and Social Action Plan (ESAP). Through implementation of these measures, the Project is expected to be designed and operated in accordance with Performance Standards objectives.
PS 1 - Assessment and Management of Environmental and Social Risks and Impacts
Policy
AMM has an integrated management system (IMS) policy that covers sustainability, environment, quality, and OHS in line with ISO standards, local legislation, and applicable international requirements. The policy guides the consortium’s operations for all the activities performed under their concession agreement, including construction, improvement works and O&M. The policy is extended to contractors and is communicated to employees, posted in the offices and made available in the company’s webpage and intranet. Through this policy, AMM seeks to have a positive impact on workers and communities and commits to complying with all legal requirements related to the development of its activities. As part of ESAP #1 AMM will update its IMS policy in line with IFC Performance Standards (PS) and include commitments related to social impacts identification and management, stakeholder engagement, non-discrimination, and no tolerance of GBVH. AMM will disseminate the updated E&S policy among workers, contractors and stakeholders.
AMM also has a Corporate Governance Manual that establishes the general principles and guidelines for the governance and management of the Company, based on the UN Global Compact Sustainable Development Goals, and respecting human and labor rights.
Environmental and Social Assessment and Management Systems
The Company’s IMS and related procedures are based on ISO standards, including ISO 9001:2015 (quality), ISO14001:2015 (environment) and ISO 45001:2018 (OHS). The IMS Manual describes the stages of the project, execution timeline, legal and contractual requirements, roles and responsibilities of management and each operation and support department, including O&M, Construction, Health and Safety, Environment, Land & Easement, Labor, and Social. The IMS comprises all the elements deemed necessary by IFC PS1 to effectively “plan, do, check, act” with regards to the E&S outcomes and will be implemented throughout the pre-construction, the construction and the operations & maintenance phase of the project. To ensure that the IMS implementation is correctly and uniformly implemented throughout the different phases of the concession, the company will, as part of ESAP #2, develop and implement a “Company’s ESHS Assurance Plan” detailing all the elements (EHS audits, field inspections, OHS verification protocols, social and human resource management procedures, meetings, equipment certification, operators’ competency checks, reporting requirements) that will be implemented to ensure IMS alignment to IFC PS across the company. The plan will have a strong focus on field-based verifications and will be applicable to the company, contractors and subcontractors. The scope of the plan will cover all construction activities, work fronts and facilities (including aggregates, asphalt and concrete batching plants, quarries, material deposits, etc.) as well as O&M activities, since it’s likely that O&M will start in phases and/or with segments of the highway operational, while other segments of the road are under construction at the same time.
Identification of Risk and Impacts
The project has two main E&S impact assessment (ESIA) studies and corresponding licenses from 2011 and 2012 from the former concessionaire and operator of the “Ruta del Sol Sector 2”, which correspond to the straight-line sectors of the TM1 highway. These are being revisited by the National Environmental Licensing Authority (“ANLA” for its Spanish acronym) before being issued in favor of AMM. In addition, the project has 5 ESIAs and corresponding environmental licenses from 2012 to 2015 period for the 9 bypass roads of the TM1 highway, of which one corresponds to a bypass already built and in operations and is currently under the review of the concession’s Technical Advisor (“Interventoria”) to be issued in favor of AMM, and 4 that corresponds to new bypasses that the Company will build as part of the concession’s scope. All the sectors and areas of the highway between Puerto Salgar and Barrancabermeja (i.e. the entire footprint of the highway) are included in one of these ESIAs and properly permitted. Three licenses have already been issued in favor of AMM and 4 are being revisited by ANLA. For the stretches of the highway that are already in operations and require maintenance and improvement works, the Company has government-approved environmental management plans, (“PAGAs” for its Spanish acronym) which describe the O&M E&S commitments for the concessionaire.
Given the time elapsed since the ESIAs and the overall licensing process conducted by the former concessionaire, AMM is performing a series of supplemental E&S studies to update the E&S baselines and collect new and current information and data regarding the physical environmental, social, and biodiversity conditions along the concession’s route. These supplemental studies are ongoing and will inform the Company’s management plans and will allow AMM to assess existing E&S conditions and identify new impact that require additional controls, monitoring or mitigations. The project design and alignment has not changed substantially compared to the original design of the previous concession, and all the ESIA-related studies cover the same footprint and area of impact.
Identified E&S risks from all the processes, activities and facilities are registered in an “E&S aspects and impacts identification and assessment matrix”, which details the type of risk or impact for each activity and an assessment of importance, magnitude and probability of occurrence. AMM uses regulatory tools such as the environmental licenses and PAGAs to track E&S requirements and has in place a procedure to verify and update applicable legislation to ensure compliance. Reports describing project activities and compliance with the regulatory requirements are provided regularly to the authorities and the independent Technical Advisor.
As identified in the ESIA, the bypasses are expected to diminish commercial activities of business owners and informal vendors due to the rerouting traffic away from towns and villages. To mitigate adverse impacts on livelihoods, the concession agreement requires AMM to maintain connectivity between the new road and the bypassed towns to allow businesses to continue providing services for road users. Also, as part of ESAP item # 20, AMM will: (i) Complete the ongoing socio-economic baseline of economically impacted people by the rerouting of the road; and share results with IFC; (ii) Consult with affected people and develop tailored social management plans based on these consultations. Plans to be developed should include all feasible initiatives to mitigate the impacts; (iii) May consider, if only feasible and consistent with outcomes of the consultation, building some measures on AMM’s own social management and community investment plans; (iv) Prioritize vulnerable individuals. Vulnerability criteria will be agreed with IFC; and (v) Share these plans with IFC. Then effective implementation of these social management plans will be assessed during Project supervision
Management Programs
The Company’s IMS include management programs and plans commensurate to the level of E&S risks and impacts of the project. AMM’s E&S plans and programs include training and include impact identification, risk assessment, emissions control, solid and hazardous waste, environmental noise, vegetation management, environmental compensation, reforestation, management of fauna, emergency preparedness and response, workforce management, equal opportunity, E&S training, security, contractors’ management, land acquisition, community awareness and stakeholder engagement and grievance mechanisms. These programs and plans are in line with Colombian legislation and mostly aligned with IFC PS. They include details on monitoring actions, frequency of monitoring along with performance indicators and are reviewed and revised regularly.
The company’s E&S Responsibility Plan defines objectives principles and actions to promote a positive engagement with stakeholders and implement actions to contribute to the local and regional development through road safety, local employment, and the promotion of sustainable use of natural resources. Protocols outline in these programs focused on participation, governance, social inclusion, social management of infrastructure, properties and public services, and general social management.
Organizational Capacity and Competency
The E&S management function includes several positions in four departments as follows: (i) the environmental director reports to the general manager, is in charge of the environmental management of the company, and is supported by one environmental coordinator, two field supervisors, two environmental representatives, a GIS professional, a biologist and an archaeologist; (ii) the social director reports to the general manage, is in charge of all social and community-related management aspects and is supported by three coordinators, four social officers, two social representatives in the field mobile offices and one lawyer; (iii) the land & easement director reports to the general manager, is in charge of right-of-way acquisition and compensation process, and is supported by three technical coordinators, one legal coordinator, two lawyers, five technicians and one general assistant; and (iv) the OHS function is chaired by the administrative director, supported by one OHS coordinator, and one OHS supervisor. The Human Resources (HR) function is part of the responsibilities of the administrative director as well. The appropriateness of the resources assigned to OHS will be closely monitored by the Company during construction, and in case additional resources are deemed necessary, it will enhance capacity is strengthened. In addition, to enhance the understanding and familiarization of employees and contractors with IFC PS, AMM will review the E&S training program and include trainings on IFC PS vis-à-vis the ESAP requirements especially around key E&S risks of the project, including land acquisition and resettlement.
Emergency Preparedness and Response
AMM has an overarching Emergency Preparedness and Response Plan (EPRP) which details potential emergency scenarios generated by both internal and external risk factors, such as spills, fires, and natural disasters. In order to better align the EPRP to IFC PS, the company will, as part of ESAP #3, enhance the EPRP covering both construction and O&M phases, since it’s likely that operations will start in phases and/or with segments of the highway operational, while other segments of the road are under construction at the same time. The revised EPRP will follow Good International Industry Practices (GIIPs) and the recommendations set forth in IFC PS, including the EHS General Guidelines and the EHS Guidelines for Toll Roads. The EPRP will identify the most probable risks scenarios for each phase, with due consideration of community health and safety and OHS management for employees and contractors, adequate communications flows and equipment (internal communications and with community leaders and government authorities during emergencies), protocols for the use of first response equipment, and drills. The EPRP will include plans to respond to emergencies that could affect neighboring communities. The EPRP will ensure a thorough process to track and learn from actions and recommendations from drills and incidents, and include adequate communication to stakeholders, contractors’ workers, communities and local authorities.
Monitoring and Review
All the E&S areas prepare monthly technical compliance reports to Senior Management assessing the E&S performance of the company and reporting on the KPIs established in the PAGAs and other legally required reports. E&S performance and compliance is reported to the Board of Directors on a quarterly basis. The Company has provisions to undertake annual reviews of the IMS. The first review is planned for December 2023. As described in ESAP #2, AMM will supplement this process through the development of a “Company’s E&S Assurance Plan” and third-party monitoring of land acquisition & resettlement plan implementation (See ESAP #15 in the PS5 section) that will be implemented to ensure IMS alignment with IFC PS across the company.
E&S Contractor Management
AMM assesses contractors, service providers and suppliers as part of the tender process. Through the due diligence process the company reviews OHS and E&S performance and practices of prospective contractors, including labor conditions and quality control. E&S requirements and procedures are included in each contract. Contractors are required to adopt and implement the company’s OHS policies, standards and procedures.
Regular audits and verifications to pre-construction phase contractors and key suppliers are conducted though monthly inspections, E&S monthly performance reports and annual contractual audits. The audits assess compliance with E&S requirements and with Colombian legislation, identifying non-compliances, observations, and improvement opportunities, reducing risks and mitigating impacts. After the auditing process, the contract managers monitor and track to completion the implementation of any identified non-conformities and corrective actions with suppliers and contractors. The “Company’s E&S Assurance Plan” mentioned in ESAP #2 will detail all the assurance elements, such as audits, inspections, field verification protocols, E&S coordination meetings, reporting requirements from contractors that will be implemented to ensure adequate E&S and labor contractor management for construction and for the O&M phases in alignment with the company’ policies as well as to IFC PS.
PS 2 – Labor and Working Conditions
As of August 2023, the project generated 1,283 jobs in the pre-construction phase with 178 direct employees and 1,105 contractor workers. Approximately 55% of workers are from the project’s direct area of influence and over 25% are female. At the peak of construction, it is expected that the project will have between 3,500 and 4,000 workers.
Human Resources Policies and Procedures
AMM policies are applicable to all its employees, contractors and suppliers and include elimination of child and forced labor, no discrimination and equal opportunities, freedom of association, no tolerance to sexual harassment, and protection of workers from other types of labor harassment and other types of abuse. The internal labor regulations establish the rights and obligations related to labor and working conditions for workers and for the company and describe the general principles and guidelines for their application, in alignment with PS2. All employees, contractors and subcontractors are required to implement AMM internal policies and regulations, including human resources related policies, and follow the Code of Conduct which prohibits discrimination, labor harassment and GBVH in the workplace and while engaging with the community in the area of influence of the project.
Working Conditions and Terms of Employment
Contracts with all direct employees specify labor and working conditions. AMM training plan outlines an induction process for all direct and contractor workers that include (i) the vision, mission and general policies of the concessionaire and ANI, (ii) project description, (iii) working conditions and labor relations, (iii) OHS, (iv) road safety and traffic control, and (v) E&S management aspects.
AMM reviews the pre-construction phase contractors’ records monthly to ensure that they have made the payments corresponding to the payroll and all their obligations under the Social Security System for all workers. As part of the company’s E&S Assurance Plan (ESAP #2), the concessionaire will include visits to work sites during construction and O&M phases to verify working conditions, including resting areas, hydration, toilets, sanitary stations, and that workers are aware of their rights and labor conditions as well as of the workers grievance mechanism. The internal audits will include visits to workers accommodations to ensure conditions are adequate in terms of health, safety, security, and general living conditions. Audits will be conducted throughout the life of a project, including the demobilization period to ensure workers are informed in advance and all benefits required by law are provided prior to dismissal. Given the size of workforce during construction and based on results of the internal audits and overall performance, AMM will evaluate the need and conduct supplemental independent labor audits from time to time, in order to enhance the overall review process and ensure compliance with HR policies, working conditions requirements and terms of employment internally as well as by contractors and subcontractors.
Worker’s Organizations
The concessionaire respects the right of freedom of association of workers, and it is explicitly stated in its internal labor regulations, as required by Colombian legislation and international labor conventions. Currently there are no unions operating in AMM or its contractors, and there has not been a collective bargaining process. In accordance with Colombian legislation, the company has a Labour Committee to ensure the wellbeing of workers. This committee is formed by three management representatives and three workers representatives elected by the workers. The company does engage and works with trade associations in their area of influence and recognizes the right of workers to organize and has provisions in the internal labor regulations to allow workers to perform union related tasks without retribution.
Non-discrimination and Equal Opportunity
AMM Corporate Governance Manual, as well as the internal labor regulations, reject all kinds of discrimination and promote equal opportunity. The recruitment program includes provisions to avoid discrimination and establishes minimum requirements of female participation of for each phase of the project as follows: pre-construction 10%, construction 10% and operations and maintenance 30%. For the pre-construction phase, as of July 2023, the target has been exceeded with approximately 25% of female participation. At the senior management level, the Company has 10 directors, of which 5 are female. The updated Workers’ Grievance Mechanism will include specific provisions to address GBVH as per ESAP #4 (see next section).
The recruitment program includes provisions for hiring of local community members. Targets for local workers are set at a minimum of 50% unskilled labor. Currently over 55% of workers are from the direct area of influence of the project. AMM has a program to disclose job opportunities in the area of influence through meetings with community authorities, and bulletins posted in social media. The concessionaire is also carrying out employability campaigns together with local authorities and the National Training Service in the area of influence of the project.
Worker’s Grievance Mechanism
The internal labor regulations outline the process available for workers to submit labor abuse and harassment through a digital channel or boxes distributed in the control center, administrative offices, and operation bases. The workers’ grievance procedure requires management to control access to the grievance boxes and to inform the area of HR for registration and management of the grievance database. A committee formed by three management representatives and three workers representatives assesses and manages cases of labor abuse in a confidential manner. Contractor workers can present grievances directly to their supervisor or to AMM through the Company’s community grievance mechanism. As part of ESAP #4, AMM will review and revise its “Workers’ Grievance Mechanism” to include a wider variety of channels to submit grievances, a detailed, clear, and transparent process to register and resolve grievances in a prompt manner, providing timely feedback to those concerned, and without retribution. The mechanism will allow for anonymous complaints to be raised and addressed and will be widely disclosed among direct and contractor workers. The workers’ grievance mechanism will have a specific process to addressed and resolve cases of GBVH with a survivor-centered approach. AMM will disclose the workers’ grievance mechanism among direct and contractor workers and ensure their awareness and understanding of the available tools and processes and how to properly access them and issue a complaint.
Occupational Health and Safety
AMM’s IMS includes the identification and analysis of risks and procedures for activities performed by employees and contractors which are detailed in risk and impacts identification matrices (“IPER” as per its Spanish acronym). The IMS includes OHS management programs for operational control, procedures for high-risk activities (works at heights, hazardous substances management), health and safety inductions and training, use of personal protective equipment, occupational health & epidemiology surveillance, emergency preparedness and response, road safety, and investigation of incidents and accidents.
To further improve the OHS management of the project, and better align its activities to the IFC EHS Guidelines for Toll Roads, the Company will develop, as part of ESAP #5, an “OHS Management Plan for Road Maintenance” for ongoing road maintenance works to enhance the processes of: i) safety risks identification and communication, ii) competency assessment and certification of equipment operators, iii) safety inspections of equipment, iv) Enhancement of worker safeguards against physical hazards and traffic-related risks, v) emergency response protocols and communication, and vi) field-based OHS monitoring and inspection.
PS 3 – Resource Efficiency and Pollution Prevention
Resource Efficiency, Greenhouse Gases (GHG) and Climate Change
Energy currently used by the company is taken from the national grid, however, during construction, it is likely that power will be sourced from mobile small diesel-powered generators. AMM has developed an energy saving program to promote saving and energy efficiency initiatives among employees and contractors, and a water resources program aimed at defining controls and mitigations to avoid adverse impacts on water resources and measures intended to reduce the use of the resource. Water for construction will be sourced from 17 rivers and creeks. Each water extraction point has the corresponding permit, indicating authorized water volumes. AMM has conducted upstream and downstream water quality analysis prior to construction. No potential water competition issues with communities or other users are expected. To supplement the existing ESIAs and AMM’s initiatives with regards to resource efficiency, GHG and Climate Change and properly cover PS3 requirements, AMM will, as part of ESAP #6: (i) consolidate its energy savings and water efficiency programs into a “Resource Efficiency Strategy” tailored to the construction and O&M phases of the concession to gradually implement measures for improving efficiency in its consumption of energy, water, and construction material inputs with due consideration of PS3 requirements on this matter; (ii) estimate “GHG Scope 1 & 2 emissions” for the construction and operations phase (the estimation for the pre-construction phase is 3.763 ton CO2eq); and (iii) perform a “Climate Change-related Assessment” to evaluate risks and opportunities, identify relevant adaptation measures to reduce such risks, and define potential mitigation measures.
Pollution Prevention and Control
Pollution prevention is part of the Company’s environmental management system. AMM has developed and implemented different management and monitoring plans to ensure their activities minimize adverse impacts on human health and the environment, including for areas under the direct control of the Company, and areas managed by contractors and subcontractors.
With regards to environmental noise generated by traffic, the project design strongly prioritized avoidance by introducing alignment variants (road bypasses) to avoid urban areas and sensitive receptors, with no recorded noise-related issues or complaints for the existing infrastructure. The defined width of the right-of-way (minimum 60m) foster a significant reduction of traffic noise levels. The new baseline studies being conducted by the company will inform if noise affects receptors, and although very unlikely, if additional mitigation actions are needed.
Because the company is inheriting a project that was partially built and abandoned by a former concessionaire, AMM will develop as part of ESAP #7 a “Technical registry to document any past environmental pollution” or potential legacy issues caused by past construction and maintenance activities that are not related to AMM. This registry will document any potential environmental liability and will serve as a reference for any future discussion with ANI regarding the environmental management of these, outside the scope of the project and AMM’s responsibility. In order to enhance pollution prevention controls during construction, road repair and maintenance activities, AMM will develop and implement as part of ESAP #8 an “Environmental Management Plan for Road Paving, Resurfacing and Painting” describing the mitigations and controls to be implemented for these activities with due consideration to the provisions set forth in Colombian regulations, environmental instruments (ESIA, PAGA, etc.) and IFC EHS Guidelines for Toll Roads.
Waste & Hazardous Materials Management
Solid waste generated by the project activities is segregated at source, classified (in hazardous, non-hazardous, recyclable, and non-recyclable waste streams), temporarily stored in dedicated storage facilities, and disposed of following local regulations and procedures. Non-hazardous waste is evacuated on a weekly basis by licensed contractors. The management of hazardous waste (e.g., used lubricants, wipes impregnated with hydrocarbons, paint, solvents) is described in environmental management procedures followed by contractors. In general, hazardous waste is labeled and stored in restricted areas as established in local regulations and regularly evacuated. Data on the quantity, type and final disposal of waste is registered and shared with local authorities, as per Colombian legislation. Offices and toll centers have primary treatment systems and septic tanks to collect effluents and liquid discharges, properly treat and dispose them as per the approved ESIAs and corresponding licenses. Effluents collected from portable toilets in construction and road maintenance fronts are regularly collected and disposed of in permitted facilities as well.
Management of hazardous materials is performed in accordance with the company’s hazardous materials procedures, which outline provisions for the safe transportation, handling, labeling, and storage of hazardous materials including emergency response. In addition, the Company has specific procedures for the containment and collection of spills of hazardous substances.
Pesticide Use
The righ of way (RoW) maintenance is predominantly manual (i.e., physical clearing, trimming and cutting of vegetation with no pesticides or herbicides), which are activities usually performed by contractors, who follow general precautions and controls as established in the company’s EHS procedures. The company will develop as part of ESAP #9 an “Integrated Vegetation Management Plan” (IVMP) aligned with IFC EHS Guidelines for Toll Roads to ensure that vegetation maintenance follows the mitigation hierarchy, avoids removing unnecessary amounts of vegetation, promote the planting of native species avoiding voluntarily introducing alien and invasive species when revegetating areas for erosion control or landscaping, promote the use of mechanical control measures instead of herbicides (as feasible). In the event that chemical herbicides are used for vegetation control in the future, the IVMP will be updated to include the appropriate controls and mitigations following the requirements in PS3 and in the IFC EHS Guidelines for Toll Roads.
PS 4 – Community Health, Safety and Security
The project is currently in the pre-construction phase, and the concessionaire is preparing documents and strategies for the construction, operations, and maintenance phases. The project design considers road safety measures according to Colombian legislation. Pedestrian bridges, underpasses, accesses, and interconnections will be built, considering community and users' safety. The concessionaire has in place a Traffic Management Plan and is drafting an agreement with the National Highway Police to help ensure community safety during the construction and operation phases. As part of community safety measures, the concessionaire participates in the Municipal Disaster Risk Management Councils of the seven municipalities of its area of influence and engages in the disaster response drills organized for these councils. Based on a community risk registry, AMM will develop, as part of ESAP #10 a "Community Health and Safety Plan", consolidating all actions to manage risks and impacts related to road traffic safety, transportation of materials and equipment, and management of waste and hazardous materials in relation to community health and safety. The plan will also include measures to minimize the risk of social conflict and GBVH and prevent the spread of communicable diseases due to potential project induced in-migration of workers and people in search of jobs and opportunities related to the construction of the project.
Security Personnel
AMM uses a government-licensed security contractor to provide protective services for its facilities. The private security guards are stationed at its road operation centers and are unarmed. The concessionaire will update its Security Policy and develop a "Security Management Plan" as part of ESAP #11 to include its commitment to protecting their assets, personnel, and operations while fully respecting the human rights of internal and external stakeholders. The plan will include formal procedures for reporting, responding to, and documenting security incidents, training requirements including GBVH prevention and management, and reviewing security records of security contractors, consistent with IFC PS4. The aforementioned agreement with the National Highway Police will consider the principles stated in AMM's Security Policy. AMM will communicate the security management plan to relevant stakeholders.
PS 5 – Land Acquisition and Involuntary Resettlement
As the initial "Ruta del Sol 2" project awarded and managed by another consortium was interrupted in 2017, the land acquisition process and resettlement status have different degrees of progress throughout the RoW. The project has identified 545 properties affected by the RoW, of which 89 have already been acquired following Colombian legislation and are registered to the ANI. Of the 456 remaining properties, 71 have been partially compensated, and 10 are under an expropriation process initiated by the previous concessionaire. Land titles of these 81 properties will only be transferred to the ANI once the compensation has been paid in full as per Colombian legislation. The acquisition of 375 properties is yet to commence, and the concessionaire is currently developing the baseline studies required by the national legislation. AMM has preliminary land acquisition agreements with approximately 35% of the landowners and expects to surpass the minimum required by law for all functional units before the start of construction. The concessionaire will acquire the land necessary for the project on behalf of the State, adhering to the statutory requirements, and RoW will be registered to the ANI.
The areas to be acquired comprise mostly small portions of mid to large scale agricultural operations. A total of 1,100 households (approximately 3,400 people) are expected to be physically and/or economically displaced. Affected households include landowners, households owing structures living and/or operating small businesses in private lands and households settled in public lands. All ongoing and future resettlement will be managed through Resettlement Action Plans (RAPs) or Livelihood Restoration Plans (LRPs), as necessary, to be developed in accordance with the Land Acquisition, Compensation and Resettlement Framework to be developed in compliance with IFC PS5 (see ESAP #14 below). Impacts on people whose livelihoods depend on commerce and that will be affected by the modification of the traffic flow due to the bypasses to be built by the project, will be managed through social programs and measures to recover the economic activity and income.
To ensure that there are no risks or liabilities related to the land previously acquired, the concessionaire will conduct, as part of ESAP #12, an assessment to understand if the land acquisition process was aligned with statutory requirements and to identify if there were any gross violations of PS 5 objectives. The assessment will also inform of any residual risks and vulnerabilities resulting from previously acquired lands, in which case AMM will develop and implement a social assistance program to support people displaced by the project with a focus on vulnerable persons. If there are persons who continue to occupy the acquired lands and have been compensated, the concessionaire will work with ANI to ensure the relocation of these people in line with statutory requirements, providing moving support to these persons.
Where land acquisition was initiated by the previous concessionaire but was not completed (and is ongoing), as per ESAP #13, AMM will perform an “Identification and Characterization of Affected Households” assessing potential impacts of any delays in the compensation payments. If there are issues identified in the land acquisition process with regards to compliance with local laws, AMM will facilitate and ensure delivery of entitlements to meet statutory requirements. In addition, if adverse impacts or vulnerabilities are identified in the characterization study which inhibit the affected persons’ ability to restore their livelihoods and standard of living (including adequate housing with security of tenure), AMM will extend support to affected people by implementing adequate measures defined in a “Resettlement Action Plan” as defined in ESAP #15 (see below). The concessionaire will actively monitor any ongoing expropriation processes and implementation of RAPs for this group of affected persons.
AMM has in place a comprehensive land acquisition strategy managed by the land acquisition unit with the support of the social and community relations function, following the Colombian legal requirements for compensation and socio-economic monitoring and support. To ensure the objectives of PS5 are achieved, the concessionaire will prepare, as per ESAP #14, a "Land Acquisition, Compensation and Resettlement Framework" ('LACRF') outlining principles and measures to be implemented, with specific provisions to address ongoing and future resettlement of affected people with legal or recognizable rights to the land and assets they occupy, as well as people with no rights to the land or fixed assets, including people under the national program aimed at protecting the rights of those forcibly displaced by the armed conflict. The LACRF will establish the guidelines and procedures to develop one or several RAPs and/or "Livelihood Restoration Plans" (LRPs) as applicable. The RAPs/LRPs will be developed and implemented prior to the start of the construction of each UF and before any impact of the land acquisition and resettlement process materializes.
The project will put in place, as part of ESAP #15, a monitoring program for land acquisition and resettlement. The monitoring regime will include: a) independent quarterly monitoring of RAPs/LRPs' implementation based on agreed terms of reference following PS5 requirements and Colombian legislation and b) an independent completion audit to assess the success of the resettlement program in restoration/enhancement of livelihoods of affected people.
As per ESAP #19 (see below the ESRS section on grievance mechanism), the concessionaire will make available to all affected people a grievance redress mechanism with specific provisions for past, ongoing, and future land acquisition and resettlement concerns.
PS 6 – Biodiversity
The project comprises the extension of an existing road, a section of which is located in the Magdalena Valley Montane Forests and another in the Magalena-Urabá Moist Forests (WWF Ecoregions). The landscape is dominated by converted habitats and small-scattered remnants of natural habitats (e.g., gallery forest, wetlands, secondary vegetation). These remnants are considered Natural Habitat per PS6. These fragments are under pressure due to the expansion of settlements, cattle ranching, alien invasive species and extractive activities.
A portion of TM1 (approx. 8 km) is located within the Legally Protected Area “Distrito Regional de Manejo Integrado Serranía de los Yariguíes” (IUCN Cat VI), and another 30 km segment is located within the Legally Protected Area “Distrito Regional de Manejo Integrado Del Humedal San Silvestre” (IUCN Cat VI). Additionally, about 2 km of TM1 are located within “Serranía de los Yariguíes” Key Biodiversity Area (IBA CO073), which is also considered an Alliance for Zero Extension (AZE) site designated for the amphibian Pristimantis bacchus. This 2-km section is located on the edge of the key biodiversity area (KBA)/AZE site in an area that is highly degraded. All of the above portions of TM1 entail footprint expansion.
Priority biodiversity values associated with Natural Habitat scattered along the road corridors include a large number of fauna species, such as (e.g. Aotus spp, Saguinus leucopus, Lontra longicaudis, Panthera onca, Leopardus spp, Tamandua mexicana, etc.) and 13 species of range restricted flora. The project will result in the conversion of approximately 24 ha of Natural Habitat due to road expansions. Construction material will be sourced from quarries and include material deposits located in degraded locations. Footprint minimization measures include avoidance of Natural Habitat when siting new greenfield junctions and temporary construction sites. The client will also implement fauna passages to improve connectivity across the existing road and address fauna road kills; mitigation measures that were based on the outcomes of a fragmentation study and biodiversity baseline studies.
The company will develop and implement a compensation strategy in line with Colombian legislation. As per ESAP #16, the company will develop and implement a “Biodiversity Action Plan” (BAP). The BAP will include (i) additional targeted surveys on priority biodiversity values that might be affected in Natural Habitat; (ii) an assessment to determine the significance of residual impacts on Natural Habitat, which will consider existing mitigation measures (e.g. fauna passages); (iii) an assessment to determine if PS6 No Net Loss requirements for Natural Habitat could be met through the national compensation requirements. If they cannot be met, the BAP will include a strategy to meet PS6 compliance as well as additional recommendations to improve on-site mitigation (e.g., faunal passages). Per ESAP #17, the company will consult with relevant stakeholders on the development of the BAP and to define and implement additional programs, as appropriate, to promote and enhance the conservation aims and effective management of the area.
Regarding the AZE site, the company conducted an assessment of P. bacchus implemented by and in consultation with a group of internationally recognized species specialists. Results from the study indicate that the species and its habitat are absent from the 2-km greenfield section. The project will be consulting with the AZE secretariat to verify this finding.
PS 8 – Cultural Heritage
The project will unlikely impact directly any recognized cultural, historical, or archaeological sites. The project has a Preventive Archaeology Program which includes a Chance Find Procedure approved by the Colombian Institute of Anthropology and History (ICANH) that includes two sites with archeology management measures aligned with PS8. The project will continue managing potential risks of uncovering and disturbing unknown cultural heritage by implementing the Preventive Archaeology Program. The concessionaire has assigned the necessary resources to implement the cultural heritage monitoring phase and will, as necessary, support ICANH in implementing any subsequent steps to comply with Colombian legislation.
