Public Disclosure Authorized
Climate Resilience Multi Phased Programmatic Approach
(CRes MPA) Public Disclosure Authorized
Social Management
Framework
Public Disclosure Authorized Ministry of Irrigation
Sri Lanka
June 2021
Public Disclosure Authorized
Table of Conents
CRes MPA, 1st Phase, Social Management Framework, July 2021
ABBREVIATIONS ...... XII GLOSSARY OF TERMS ...... XV 1. INTRODUCTION TO THE CLIMATE RESILIENCE MULTI-PHASE PROGRAMMATIC APPROACH ...... 19
INTRODUCTION AND BACKGROUND ...... 1 MULTIPHASE PROGRAMMATIC APPROACH (MPA) ...... 3 1.2.1 Description of the MPA ...... 3 1.2.2 Project Description of Phase I ...... 4 1.2.3 Project Description of Phase II ...... 6 1.2.4 Project Description of Phase III ...... 7 JUSTIFICATION FOR UPDATING THE SMF ...... 8 OBJECTIVES OF THE SOCIAL MANAGEMENT FRAMEWORK ...... 9 2. EXISTING SOCIAL CONDITIONS IN THE PROJECT AREA ...... 11
HISTORICAL CONTEXT OF THE BASIN AND PROJECT AREA ...... 11 LAND USE PATTERNS ...... 12 TABLE 2 : LAND EXTENT AND LAND USE PATTERNS IN THE KELANI BASIN ...... 14 SOCIO-ECONOMIC PROFILE OF THE BASIN ...... 15 2.3.1 Project area within the Kelani River Basin ...... 15 2.3.2 Population distribution and characteristics ...... 16 2.3.3 Socio-economic status of the households ...... 19 2.3.4 Housing ...... 21 2.3.5 Access to public utilities ...... 22 GENDER AND VULNERABILITY IN THE PROJECT AREA ...... 24 2.4.1 Gender Dynamics ...... 24 2.4.2 Vulnerable groups ...... 25 COMMERCIAL AND INDUSTRIAL ACTIVITIES IN THE PROJECT AREA ...... 27 NATURAL RESOURCES IN THE PROJECT AREA ...... 28 OTHER DEVELOPMENT INTERVENTIONS IN THE PROJECT AREA ...... 29 HISTORY OF NATURAL DISASTERS ...... 32 3. POTENTIAL SOCIAL IMPACTS ASSOCIATED WITH CRES MPA ...... 35
BENEFITS OF THE ACTIVITIES UNDER CRES MPA ...... 35 POTENTIAL ADVERSE IMPACTS OF THE PROPOSED INTERVENTIONS ...... 36 3.2.1 Loss of residential, commercial, industrial, and agricultural land ...... 37 3.2.2 Loss of residential structures ...... 38 3.2.3 Potential impacts on livelihoods and employment ...... 38 3.2.4 Impacts on community infrastructure, community sites and common resources ...... 39 3.2.5 Breakdown of social networks ...... 40 3.2.6 Impacts on gender and vulnerable groups ...... 40 3.2.7 Construction-related Impacts ...... 41 3.2.8 Labour influx and impacts on local communities ...... 41 3.2.9 Opposition from local communities/stakeholders ...... 42 3.2.10 Potential Impacts associated with Flood protection structures ...... 42 4. POLICY, REGULATORY, AND INSTITUTIONAL FRAMEWORK ...... 46
OVERVIEW OF NATIONAL LEGISLATION ...... 46 4.1.1 Legal and regulatory framework in Sri Lanka on land acquisition ...... 46 4.1.2 Laws relating to women, labour, vulnerable groups, and cultural heritage ...... 47 RELEVANT GOVERNMENT AGENCIES IN THE KELANI RIVER BASIN ...... 54 WORLD BANK’S OPERATIONAL POLICIES ...... 58 4.3.1 OP/BP 4.01: Environment Assessment ...... 59 4.3.2 OP/BP 4.12: Involuntary Resettlement ...... 59
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4.3.3 World Bank Environmental and Social Framework ...... 60 NATIONAL POLICIES AND APPLICATION OF WORLD BANK’S SAFEGUARDS POLICIES IN THE CRES MPA 71 5. GENDER AND INCLUSION ...... 73
GENDER AND VULNERABILITY ANALYSIS ...... 73 ENHANCING GENDER OUTCOMES UNDER CRES MPA ...... 74 MITIGATING ADVERSE IMPACT ON WOMEN AND OTHER VULNERABLE GROUPS ...... 75 MEASURING THE IMPACTS ...... 76 6. MANAGING THE RISKS OF ADVERSE IMPACTS FROM LABOUR INFLUX ...... 77
POTENTIAL ADVERSE IMPACTS DUE TO LABOUR INFLUX ...... 77 ASSESSMENT AND MANAGEMENT OF RISKS AND IMPACTS ...... 78 7. SOCIAL MANAGEMENT PLANNING ...... 81
SOCIAL SCREENING ...... 82 SOCIAL IMPACT ASSESSMENT, INVENTORY OF LOSSES, AND VALUATION ...... 83 PREPARATION OF SOCIAL MANAGEMENT PLANS ...... 84 REVIEW AND CLEARANCE OF SAFEGUARDS DOCUMENTS ...... 84 IMPLEMENTATION – SUPERVISION, MONITORING, AND EVALUATION ...... 85 8. CONSULTATIONS, GRIEVANCE REDRESS MECHANISM, INFORMATION DISCLOSURE ...... 86
CONSULTATIONS ...... 86 8.1.1 Summary of consultations conducted for Phase 1 of original CRes MPA ...... 87 8.1.2 Process for Stakeholder Engagement and Consultations...... 93 INFORMATION DISCLOSURE...... 97 GRIEVANCE REDRESS MECHANISM ...... 98 8.3.1 Principles of the GRM ...... 99 8.3.2 Composition of Grievance Redress Committee (GRC) at Divisional Secretariat Level ...... 100 8.3.3 Composition of Grievance Redress Committee (GRC) - National level ...... 100 8.3.4 Awareness-Raising, Monitoring, and Evaluation of the GRM ...... 101 9. INSTITUTIONAL ARRANGEMENTS, MONITORING, BUDGET ...... 103
INSTITUTIONAL ARRANGEMENT ...... 103 9.1.1 Organizational Structure ...... 103 9.1.2 National Project Steering Committee ...... 103 9.1.3 Implementation schedule for resettlement ...... 104 9.1.4 Local offices at site level ...... 106 MONITORING SYSTEM ...... 106 9.2.1 Monitoring System ...... 106 9.2.2 Internal Monitoring ...... 107 9.2.3 External monitoring and evaluation ...... 107 9.2.4 Monitoring and reporting formats ...... 108 9.2.5 Monitoring indicators ...... 109 BUDGET...... 111 ANNEX I: SAMPLE OF SOCIAL SCREENING CHECKLIST ...... 113 ANNEX II: SOCIAL SCREENING REPORT SAMPLE ...... 118 ANNEX III: TERMS OF REFERENCE FOR A CARRYING OUT SIA AND PREPARING SOCIAL SAFEGUARD ACTION PLANS ...... 120 ANNEX IV: SAMPLE TERMS OF REFERENCE FOR HIRING EXTERNAL MONITORING AND REVIEW CONSULTANTS ...... 126 ANNEX V: SAMPLE OF SOCIAL IMPACT MITIGATION PLAN ...... 128
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ANNEX VI: APPLICATION FORM FOR GRIEVANCE REDRESS MECHANISM SAMPLE ...... 140
List of Figures
FIGURE 1: DISASTER IMPACTS CAUSED BY FLOODS...... 1 FIGURE 2: GEOGRAPHICAL DISTRIBUTION OF DISASTER-AFFECTED PEOPLE ...... 2 FIGURE 3 : HANWELLA FORT IN 1736...... 11 FIGURE 4: LAND USE MAP OF THE KELANI RIVER BASIN ...... 13 FIGURE 5: EDUCATIONAL QUALIFICATIONS OF BASIN POPULATION ...... 19 FIGURE 6: STATUS OF DIFFERENT TYPES OF HOUSING STRUCTURES ...... 22 FIGURE 7: SOURCE OF ELECTRICITY SUPPLY TO THE HOUSEHOLD ...... 22 FIGURE 8: SOURCES OF DRINKING WATER SUPPY ...... 23 FIGURE 9: FEMABLE POPULATION BY EDUCATION LEVELS IN THE IMPACTED AREA IN THE ...... 24 FIGURE 10: PROTECTED AREAS WITHIN THE KELANI BASIN ...... 29 FIGURE 11: PROPOSED HOUSING PROJECTS UNDER “URBAN REGENERATION PROGRAM” ...... 31 FIGURE 12: KELANI RIVER FLOODING AS RECORDED FROM NAGALAGAM STREET ...... 32 FIGURE 13: MAP SHOWING FLOOD-PRONE AREAS IN KELANI BASIN ...... 33 FIGURE 14: SAFEGUARDS MANAGEMENT, REVIEW, AND CLEARANCE PROCESS ...... 82
List of Tables
TABLE 1- COMPONENTS AND SUB COMPONENTS OF CRES MPA ...... 3 TABLE 2 : LAND EXTENT AND LAND USE PATTERNS IN THE KELANI BASIN ...... 14 TABLE 3 : LAND EXTENT OF THE KELANI RIVER BASIN ...... 15 TABLE 4 : SUMMARY OF LAND AREA IN EACH DISTRICT AND PROJECT IMPACTED AREA ...... 16 TABLE 5: NUMBER OF HOUSEHOLDS IN THE IMPACTED AREA ...... 17 TABLE 6 : ESTIMATED POPULATION IN THE THREE AFFECTED DISTRICTS IN KELANI RIVER BASIN AREA...... 17 TABLE 7 : AGE GROUPS OF THE POPULATION IN THE IMPACTED AREA IN THE KELANI BASIN AREA ...... 18 TABLE 8 : RELIGIOUS DISTRIBUTION OF THE POPULATION IN THE IMPACTED AREA IN THE KELANI BASIN ...... 18 TABLE 9: NUMBER OF HOUSEHOLDS AND LAND TENURE IN THE IMPACTED AREA IN KELANI RIVER BASIN ...... 19 TABLE 10: EMPLOYMENT LEVELS OF THE POPULATION IN THE KELANI RIVER BASIN ...... 20 TABLE 11: HOUSEHOLD AVERAGE INCOME AND EXPENDITURE LEVELS OF THE DISTRICTS IN THE IMPACTED AREA ...... 20 TABLE 12: NUMBER OF SAMURDHI BENEFICIARIES IN THE IMPACTED AREA OF THE KELANI RIVER BASIN ...... 21 TABLE 13: DISABLED POPULATION IN THE IMPACTED AREA OF THE KELANI RIVER BASIN ...... 26 TABLE 14: NUMBER OF INDUSTRIES IN THE BASIN AREA ...... 27 TABLE 15: TYPES OF SOCIAL SAFEGUARDS DOCUMENTS REQUIRED FOR THE PROJECT ...... 84 TABLE 16: SUMMARY OUTCOMES OF STAKEHOLDER MEETINGS ...... 88 TABLE 17: CONSULTATION ACTIVITIES FOR VARIOUS STAGES IN PROJECT CYCLE ...... 94 TABLE 18: KEY TASKS AND RESPONSIBILITIES IN LA AND RESETTLEMENT ...... 104 TABLE 19: MONITORING INDICATORS FOR SUB-PROJECT INTERVENTIONS ...... 109
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Executive Summary
Introduction Climate-related hazards pose a significant threat to economic and social development in Sri Lanka. The 2019 Global Climate Risk Index Report, launched at the Climate Summit in Katowice (COP 24), ranks Sri Lanka second among the countries most affected by extreme weather events. During the 2010 to 2018 period, 13.7 million people were affected by floods and 11.7 million by droughts. Available data shows an increasing trend in the frequency of flood occurrences in many parts of Sri Lanka, with 87 percent of Sri Lanka’s population living in moderate or severe hotspots1. Sri Lanka’s economy is also severely affected by extreme weather events, and as per current estimates, by 2050, potential impacts due to climate change are foreseen to lead to as much as 1.2 percent loss of annual GDP.
To support the Government of Sri Lanka’s (GOSL) commitment and strategy relating to flood risk mitigation and enhancing resilience in prioritized basins, a Climate Resilience Multi Phased Programmatic Approach (CRes MPA) will be implemented in three Phases over a period of nine years, with objectives as follows: • Phase I - Flood Early Warning & Kelani Climate Resilience Project (US$ 93 M) • Phase II - Kelani Climate Resilience Project -Reservoir 1(US$ 120 M) • Phase III - Kelani Climate Resilience Project -Reservoir 2 (US$ 221 M)
It is envisaged that such a multi-phased approach will allow the GoSL to make required investments capable of assuring protection up to a 1 in 100-year return period event in the Kelani basin while allowing for greater adaptability through a forward-looking learning agenda.
Revised Phase I of the CRes MPA: Flood Early Warning and Kelani Climate Resilience Project To improve: (i) warnings of high impact weather and hydrological hazards; and (ii) Kelani Basin multi- purpose water infrastructure for climate resilience. Interventions under Phase I includes: (i) Forecasting and Early Warning of High Impact Weather, Floods and Landslides (ii) Construction of Ambatale
1 South Asia’s Hotspots, The World Bank, Spring 2018 (https://openknowledge.worldbank.org/bitstream/handle/10986/28723/33179.pdf?sequence=2&isAllowed=) ii
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Salinity Barrier and Preparatory Studies, (iii) Project Management and (iv) Contingency Emergency Response.
Phase I Project of the CRes MPA has four main components and will be implemented over a period of five years: 1. Forecasting and Early Warning of High Impact Weather, Floods and Landslides (US$ 50.0M) 2. Construction of Ambatale Salinity Barrier and Preparatory Studies (US$ 39.0M) 3. Project Management (US$ 4.0M) 4. Contingency Emergency Response Component
Restructuring CRes MPA The CRes MPA Program, which was approved by the World Bank Board on June 25, 2019, is financed with an IBRD loan in the amount of US$ 310 million for Phase I Project. Subsequent to Board approval, the Program was held up for signing by the Government due to a number of factors: presidential election; delayed parliamentary election following COVID-19 lockdowns; reprioritization of the government’s development investments by the new administration consequent to limited fiscal space; overall debt burden; and post COVID-19 economic impacts. In this fiscal environment, the new administration intends to reprioritize investments focusing on smaller, high return investments that generate multiple benefits to the economy.
The original CRes MPA included the construction of flood embankments and pumping stations in the Lower Kelani Basin in two tranches under Phase I and Phase II; the implementation of Resettlement Action Plan (RAP) for Tranche 1 works; the preparation of RAP for Tranche 2 works; and the construction of lower Mundeni Aru flood mitigation measures under Phase III. During the mission, the Government advised the Bank to drop these proposed investments due to fiscal issues, although the Government might undertake these investments later when the fiscal situation becomes favorable.
Thus, it was agreed to: (i) scale down the scope of Phase I project and the loan amount from US$ 310 million to US$ 93 million; and (ii) retain the MPA to enable the government to implement the program in multiple tranches of World Bank financing. The revised scope for the restructured CRes MPA as per the Government’s new investment priorities are: (a) modernization and operationalization of the forecasting and early warning system for high impact weather, floods and landslides; (b) replace the existing semi-permanent salinity barrier at Ambatale with a modern gated
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structure; (c) studies and designs necessary for comprehensive flood mitigation in Kelani basin including two upstream reservoirs; and (d) construction of two multi-purpose reservoirs in upper Kelani basin (Wee Oya and Upper Deraniyagala reservoirs) for mitigating floods, augmenting drinking water supply to fast growing cities in the basin, and to augment the hydropower potential.
Objective of the SMF The purpose of this Social Management Framework (SMF) is to outline a framework for preparing site specific/sub-project specific social assessments and management plans to ensure that the social risks and potential impacts associated with each phase and components of the CRes MPA are identified, and all the key principles and policy requirements for the sound management of these risks and impacts are in place to ensure that the program is carried out in a sustainable manner, and in accordance with the national as well as the World Bank’s social safeguards policies.
It is envisaged that the investments under Phase I Project will have to comply with the World Bank’s Operational Policies, OP 4.01 (Environmental Assessment), OP 4.11 (Physical Cultural Heritage), and OP 4.12 (Involuntary Resettlement). Phase II will have to comply with the World Bank’s newly introduced Environmental and Social Framework (ESF) and Environmental and Social Standards (ESS). In addition to this SMF, a separate Environmental Assessment and Management Framework (EAMF) and a Resettlement Policy Framework (RPF) have been prepared as part of the safeguards instruments to be adopted under the Project.
Socio-Economic Conditions in the Project Impact Area Project Area: The Kelani River Basin area covers 7 Districts, 38 Divisional Secretariat Divisions (DSDs), and 1,091 Grama Niladhari Divisions (GNDs), on 234,010 hectares of land area. Although there are 1,091 GNDs in the Kelani River Basin area, only 98 GNDs of the 13 DSDs of Colombo, Gampaha, and Kegalle Districts are affected by the CRes MPA.
Land use patterns: Colombo lies in the Kelani river basin and is the largest commercial and administrative hub of the country. Significant climatic and topographic variation is observed throughout the watershed resulting in entirely different land use systems. The upper catchment area is more rural and is used primarily for plantation and agricultural land, and the lower catchment area is built-up land with modern towns and cities. Notably, except for areas near Colombo, large scale human settlement activities did not take place in this area for a long time due to flood risks; but this situation has changed during the last three or four decades with the establishment of the Free Trade
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Zone (FTZ) in the area, declaration of Sri Jayawardanapura Kotte as the Administrative Capital of the country, and the construction of factories and warehouses surrounding the FTZ. Changes in land use from agriculture to industrial, commercial, and residential activities, has mostly been haphazard thus leading to heavy property damage even after a minor flood and other extreme weather events.
Characteristics of the households: Approximately 76,300 households are estimated to be living in the impacted area of the Kelani River Basin which constitutes 15% of the total number of households in the respective DSDs of the various districts. The highest percentage of individuals in the project area represent the age group of 35-59 years (32%) but dependent population, comprising children below four years old and elders above 60 years old, constitutes a significant, 21% of the population. In terms of religion and ethnicity, the area is predominantly Sinhalese (81%), followed by Tamils (10%), and Sri Lanka Moors (8%). Likewise, 72% of the population is Buddhists followed by 9% Muslims, 6% Hindus and 10% Roman Catholic. While the Sinhala/Buddhist culture dominates the basin area, impacts of the Tamil/Hindu culture is more pronounced in the plantation areas, and through relatively small, the impacts of Islamic culture are very strong in the areas where the Muslims live.
Socio-economic status of households: Of the population above 5 years of age, the majority (approximately 97%) is educated and only 3% has no schooling/formal educational attainment. More than 43% of the households derive their income from wage earnings, 4% from agriculture, and 54% from nonagricultural activities. The average income in the project affected districts is higher than the national average presumably due to the commercial and industrial activities in the area. Yet, 18% of the total households in the impacted area are Samurudhi beneficiaries.
Gender and vulnerability: While the status of women, especially in terms of education attainment and labor force participation rate in the project area is comparable to the national data, women are more vulnerable to the consequences of natural disasters compared to men due to differences in employment status, income, gendered social roles, social norms, and restrictions governing their behavior. Likewise, vulnerable groups in the project area comprise of women-headed households, persons below the poverty level, the unemployed population, population who did not attend schools, differently abled population, children below four years old, and the elderly.
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Commercial, industrial, and other development activities: Altogether, there are 9,777 industries and 2,666 registered commercial units in the impacted area of the Kelani River Basin. The river basin is also famous for gem and sand mining and clay extraction, though most of these extractions, particularly sand mining, are illegal and cause heavy damage to river embankments, the river bed, and even to water extraction facilities. Major ongoing development interventions in the basin area include flood protection works (dykes, bunds and gates), expansion of roads network, water intake structures, urban housing schemes, and drainage systems.
Project related impacts The CRes MPA, via its three consecutives but overlapping phases, is expected to bring overall positive social and environmental benefits to the program areas by ensuring a holistic and sound system for the management of floods and climate change related impacts. Positive impacts of the CRes MPA include: (i) more accurate and timely weather and flood forecasting; (ii) enhanced inter- agency co-ordination; (iii) a service-delivery business model approach; (iv) better decision-making of government and citizens before and during disasters; and (v) increased protection of people and assets. Each phase and the overall program will generate social and economic benefits as per the GoSL’s vision to protect life and assets while transitioning to a middle-income country status.
However, construction of new infrastructure and the upgrading of existing ones under the CRes MPA are likely to result in significant social impacts that will need to be mitigated during the design and implementation phases of the investments. Phase I Project of the original CRes MPA involved construction of embankmennts for which a Resettlement Action Plan (RAP) was prepared and disclosed in February 2019, and the land acquisition process initiated by issuing Section 2 of the Land Acqsution Act. Following the decision to remove the construction of flood embankments from CRes MPA until further notice, the land acqusiton process was annulled, and individual notifications sent to affected households in June 2021. Accordingly, the revised scope of the Phase I Project of the CRes MPA will only include construction of Ambatale Salinity Barrier which will not require acqusiton of land.
Project interventions, including the construction of Wee Oya and Upper Deraniyagala reservoirs in the mid-upper catchment, will require some acquisition of private land. As mentioned under Phase II and III of the CRes MPA, one of the objectives of land acquisition and resettlement financed under the project is to enhance the safety and security of communities living in the inundation area
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of the reservoirs from the perennial risks of floods and other extreme weather events but adverse impacts on households and businesses due to land acquisition and other project-related activities will be significant. Notable will be disruption on the activities of agriculture and plantation sectors, large and small-scale industries, commercial units, and which will also lead to loss of income, livelihood and employment for household’s dependent on these sectors.
Likewise, impacts on existing infrastructure and facilities, including roads located in the reservoir area, Mini hydropower project, water treatment plants, electricity supply, water supply lines, etc., and community resources such as bathing sites, public water facilities, etc., are also envisaged. Sites of cultural, archaeological, and religious significance will also be affected.
While there are no indigenous communities located in the intervention areas, vulnerable persons, and households such as women-headed households, those living below the poverty line, households with disabled family members, may suffer disproportionately due to resettlement and/or loss of livelihoods. Construction works is also likely to cause rapid migration to and settlement of workers and ‘followers’ in the project area which can lead to increased risks of social conflict, illicit behaviour, burden on and competition for public service provision, risk of communicable diseases, and gender-based violence, particularly in the form of inappropriate behaviour on the part of the laborers. Similarly, construction-related impacts such as traffic congestion, dust, noise, vibration are common issues that are likely to affect families/persons living in the immediate vicinity of the construction sites.
Policy, Regulatory and Institutional Framework Sri Lanka has a complex legal system to manage land acquisition, regulate land use, address the issues of gender equality and inclusion, and consultations and information disclosure. Likewise, the World Bank Operational Policies which are relevant to the project include: OP/BP 4.01: Environment Assessment, OP/BP 4.12: Involuntary Resettlement and the Environmental and Social Framework. While some gaps exist between the GoSL’s national legislation and systems, and the World Bank’s requirements, all activities under the MPA will be consistent with the legal/regulatory framework of Sri Lanka and aligned with the World Bank policies and guidelines.
Gender and Inclusion
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Issues relating to gender, vulnerability, and inclusion will be considered from various perspectives within the context of the CRes MPA and this SMF, including: (i) gender-sensitive analysis and identification of risks and benefits associated with activities under the CRes MPA; (ii) Project- specific gender considerations to enhance benefits to women, vulnerable groups, and local community members; (iii) measures for ensuring that any risks and impacts arising from prosed interventions that have differential impacts on women and other vulnerable groups, are identified and mitigated; (iv) enhancing the voice and representation of women, especially through continuous engagement and consultations with women, and (v) gender-disaggregated monitoring indicators.
Specifically, as part of the implementation plan, a detailed baseline analysis will be carried out to understand how communities obtain climate and disaster related information, and how these different communities, including women, people with disabilities, the elderly, or any other such vulnerable groups, can be effectively informed about such information availed through the CRes MPA. Based on the findings of the assessment, an action plan for addressing inclusion issues, including gender, will be prepared. Activities to enhance gender considerations into the CRes MPA include: focused information dissemination and awareness raising for female citizens on flood early warning and impact-based forecasting; support for the preparation of community disaster management plans in the project sites; use of citizens’ monitoring committees that review and follow up on quality, safety, and progress aspects of the interventions; options for women to have joint ownership or independent ownership of the land and house among the resettled households; orientation trainings on gender for the Project Coordination team (PC) team and other decision- makers; and development of a robust Grievance Redressal Mechanism (GRM) that is sensitive to the needs of women and other vulnerable groups.
Managing the Risks of Adverse Impacts from Labour Influx To address the impacts from labor influx on communities, the project will: tap into the local workforce, to the extent possible; assess and manage labour influx risks based on appropriate instruments; and incorporate social and environmental mitigation measures, including those relating to Gender Based Violence (GBV), into the civil works contract. Further, it will be the contractor’s obligation to prepare and submit a plan that outlines code of conduct for workers, worker camp management plan and measures to address GBV. Prior to starting construction, the Contractor will also be required to prepare and submit its own ESMP/SIMP that will provide a detailed explanation of how the Contractor will comply with the Project’s safeguards documents, including the RAP,
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ESMP, and SIMP, and demonstrate that sufficient funds are budgeted for that purpose. The Contractor’s ESMP/SIMP will include management plans for: (i) work activities; (ii) traffic management; (iii) occupational health and safety; (iv) environmental management; (v) social management; (vi) labour influx and worker camp management plan; (vii) code of conduct for workers, including measures to address GBV; and (vii) chance-finds, where relevant.
Social Management Planning Social management planning includes developing strategies and principles for: identifying project affected individuals, families, and communities; assessing potential social impacts of sub-projects; and suggesting measures to avoid/minimize and manage any adverse impacts. For all physical activities carried out under the Project, an Environment and Social Management Plan (ESMP) or a Social Impact Mitigation Plan (SIMP) that also includes monitoring indicators will be developed. Such safeguards management plans will address the relevant findings and draw on the conclusions of the screening/assessments as they relate to non-land related impacts of the project interventions. The SIMP will describe and prioritize the actions needed to implement mitigation measures, corrective actions, and monitoring measures necessary to manage the impacts and risks identified in the assessments. These actions will be costed and reflected as part of the contractual documents of the civil works contractors, wherever relevant. Further, for activities that involve land-based losses, a separate A-RAP or RAP will be prepared in accordance with the RPF developed under the Project. All the safeguards’ instruments prepared under the project will be reviewed and cleared by the head of the SRU and the World Bank before the start of the civil works.
Consultations, Information Disclosure, Grievance Redress Mechanism Consultations were carried out in 21 Divisional Secretary Divisions (DSD), representatives from eight national agencies, and the affected community from September-December 2018 to disseminate information about the original scope of the CRes MPA, understand the socio-economic situation in the project areas, seek inputs for the safeguard’s management plans, and verify the roles and responsibilities of various stakeholders in the project. Summaries of the issues discussed during these consultations and meetings were included in the previous version of the SMF disclosed in January 2019 as per the original scope of the CRes MPA as well as the in current version.
At the time of project restructuring, additional consutlations could not be carried out to reflect on the revised scope of the CRes MPA Phase I Project, due to the COVID-19 pandemic, particularly, the
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lockdowns that have been imposed. The draft version of the SMF was posted on the Ministry’s website from 1-10 July 2021, to solicit comments, and revisions, if relevant, will be done accordingly. The Project Coordination team will also advertise in the national newspapers soliciting feedback from the pubic. Additoinal consutlations are being planned as per World Bank’s guidelines on ‘Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings’ between July 2021 to 2023.
Similar consultations with affected parties and other relevant stakeholders will be carried out throughout the project cycle. During project implementation, up-to-date information will be provided on the Project website, social media and local radio and television stations. A Public Information Booklet (PIB) will be delivered to each household in the immediately affected area which will include among others relevant information on the project and the rights of the affected people, including the compensation and rehabilitation measures, and provide information on who to contact in case of doubts or queries. The PIB will be translated into Sinhala and Tamil.
Since no major resettlement impacts are anticipated during Phase I Project, there will be only a two- tier grievance handling mechanism for receiving and resolving complaints through a process of mutual understanding and consensus with the relevant parties. The first tier of the GRM would function at the Divisional Secretariat level and chaired by the District Secretary. The second tier of the GRM would be at the national level which would be charied by the Secretary to the Ministry of Irrigation. However, the project would establish a multi-tier GRM in the subsequent phases of the project as resettlement impacts of complex nature are anticipated during Phase II and III. The establishment of this GRM will follow the requirements of the ESF.
Implementation Arrangements and Monitoring The Project Coordination team set up for the CRes MPA will be responsible for the overall social safeguard’s management. Phase I Project of the CRes MPA does not involve any land acquistions and hence no major resettlement impacts are anticipated. At the commencement of the Phase 1, the project coordination team of the Ministry of Irrigation will include a full time and dedicated senior and experienced social development specialist. However, the project activities expand with the commencement of the construction activities of the Ambatale salinity barrier and social assessments. consultations and preparation of RAP for the flood risk mitigation interventions of the lower Kelani basin, mainly flood embankments and pumping houses, the project coordination team will be
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reinforced with additional safeguard officers and support staff and will engage individual consultants and local consultant firms to handle the increased work related to social safeguards management.
However, significant resettlement impacts are anticipated in the subsequent phases which include construction of two reservoirs requiring extensive land acquisitions. Therefore, in the second phase of the project, the Project Coordination team will establish a Social and Resettlement Unit (SRU) under its purview which will be responsible for managing land acquisition, resettlement activities, and other social impact mitigation strategies, etc., at each stage of the project. The SRU will be adequately staffed with experienced, as well as new staff, who will be responsible for co-ordination with the relevant ministries and affected parties, and management of the day-to-day activities related to land acquisition and resettlement. Field offices will be set up at the start of the sub-projects to facilitate resettlement activities and to provide easy access for people who have concerns or grievances, or who want to discuss specific aspects of the land acquisition and resettlement program. The field offices will be staffed by land acquisition assistants, resettlement assistants, and community development assistants from the social/resettlement unit of the project coordination team and may be supported by consultants. Additionally, a National Project Steering Committee (NPSC) will also be established to (i) monitor the overall implementation of ongoing sub-projects, based on progress reports; (ii) resolve problems of implementation; and (iii) co-ordinate with other national government agencies connected to project implementation.
A monitoring system comprising both internal monitoring as well as external monitoring and evaluation will be established to track the progress on social management, including land acquisition and resettlement programs. The Management Information System (MIS) system will be designed such that it can generate real-time consolidated reports on the land acquisition, resettlement programs, and other type of social impact mitigation activities. The system will be housed in the offices of the Project Coordination team but will be accessible from the Project’s site offices. Consolidated reports on the progress of the land acquisition and resettlement programs will be made available in the project website and also shared with the World Bank on a regular basis.
This SMF will be disclosed in the project website and the World Bank’s external website.
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Abbreviations
ACAS Agriculture and climate advisory services AFD Agence Française de Développement (French Development Agency) AP Affected Person(s) ASA Advisory Services and Analytics AWS Automatic weather station CBSL Central Bank of Sri Lanka CCDRP Comprehensive Climate and Disaster Resilience Program CEA Central Environmental Authority CEB Ceylon Electricity Board CERC Contingent Emergency Response Component CONOPS Concept of Operations CRes MPA Climate Resilience Multi-Phased Approach CRIP Climate Resilience Improvement Project CV Chief Valuer DA Designated Account DFC Department of Forest Conservation DMC Disaster Management Center DoM Department of Meteorology DP Displaced Person DPD Deputy Project Director DPL with Cat-DDO Development Policy Loan with a Catastrophe Deferred Draw-Down Option DRM Disaster risk management DS Divisional Secretary DSWRPP Dam Safety and Water Resources Planning Project EA Environmental Assessment EAMF Environmental Assessment and Management Framework EIA Environmental Impact Assessment EM Entitlement Matrix EMPs Environmental Management Plans ESMP Environment and Social Management Plan ESS Environment and Social Standards EWS Early Warning System FA Financing Agreement FM Fiduciary Management
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GBV Gender Based Violence GN Grama Niladari (administrative officer at the village level) GoSL Government of Sri Lanka GRC Grievance Redress Committee GRM Grievance Redress Mechanism GRS Grievance Redress Service HMIS Hydro-Meteorological Information System IAU Internal Audit Unit ICT Information and Communication Technology ID Irrigation Department IEE Initial Environmental Examination IFR Interim Financial Reports IP Indigenous People JICA Japan International Cooperation Agency KRB Kelani River Basin LA Land Acquisition LAA Land Acquisition Act LAR Land Acquisition Regulations LARC Land Acquisition and Resettlement Committee LARU Land Acquisition and Resettlement Unit LRP Livelihood Restoration Plan MC Municipal Council M&E Monitoring and Evaluation MI Ministry of Irrigation MIS Information Management System MPA Multi-phase Programmatic Approach NBRO National Building Research Organization NFCS National Center for Climate Services NGOs Non-governmental Organizations NMHSs National Meteorological and Hydrological Services NEA National Environment Act NGO Non-Governmental Organization NHDA National Housing Development Authority NIRP National Involuntary Resettlement Policy NPSC National Project Steering Committee
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NWSDB National Water Supply and Drainage Board OP Operational Policy (of the World Bank) PDO Project Development Objective PIB Public Information Booklet PCT Project Coordination Unit POC Project Operation Committee PPSD Project procurement Strategy for Development PrDO Program Development Objective PS Pradeshiya Sabha RAP Resettlement Action Plan RDI Regional Director of Irrigation RDA Road Development Authority RIMES Regional Integrated Multi-Hazard Early Warning System RPF Resettlement Policy Framework SBD Standard Bidding Documents SEA Strategic Environmental Assessment SFDRR Sendai Framework on Disaster Risk Reduction SI Systems Integrator SIMP Social Impact Management Plan SLRs Sri Lankan Rupees SMF Social Management Framework SSA Strategic Social Assessment TA Technical Assistance TOC Theory of Change UC Urban Council UDA Urban Development Authority UNDP United Nations Development Program WB World Bank WMO World Meteorological Organization
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Glossary of Terms
Affected Person: Any person, group, community, or people who, as a result of the implementation of the Multi-phase Programmatic Approach (MPA), is affected by loss of the right to own, use, or otherwise benefit from land (residential, agricultural, or commercial), water, livelihood, annual or perennial crops and trees, a built structure, or any other fixed or movable assets, either in full or in part, permanently or temporarily. S/he can be a legal owner, non-titled structure owner, or tenant and will receive different compensation and Resettlement and Rehabilitation (R&R) packages as per the Entitlement Matrix (EM).
Business Owner: Any person who owns or conducts a business within the project-affected area, the operation of which may be disrupted by the construction work under the project. S/he can be a legal owner, non-titled structure owner, or tenant and will receive different compensation and R&R packages as per the EM.
Census: Complete enumeration based on household questionnaire survey that covers all affected persons, irrespective of ownership and entitlement, and their assets. It can be used to minimize fraudulent claims made by people who move into the project affected area after the cut-off date has been announced in the hope of being compensated or resettled.
Compensation: Payment in cash or in-kind for an asset or a resource that is acquired or affected by the project, at the time the asset needs to be replaced.
Cut-off date: The cut-off date will be publicly announced and provided in all the Resettlement Action Plans (RAPs). The cut-off date for eligibility for entitlement is the date of notification under the section 2 notice of the Land Acquisition Act or the start date of the census surveys. Persons who encroach on the area after the cut-off date are not entitled to claim compensation or any other form of resettlement assistance.
Custodians of Community: A registered association or such other legally recognized organization or committee of people managing, looking after, or responsible for the upkeep of, and liabilities relating to the land and structures in the project area.
Destitute Households: Socially and economically distressed households who may suffer disproportionately due to conflict or development induced displacement. They may include women
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headed households, elderly-headed households, extremely poor, disabled, refugees, internally displaced people, orphans, people who are living in welfare centers, recently resettled families during the post conflict period, and others identified as case by case.
Encroacher: Someone who has illegally expanded or extended the outer limit of his/her private premises beyond the approved building line or agricultural land and has occupied public space beyond his/her plot of or agricultural/residential land.
Entitlement: A variety of measures comprising compensation, income restoration, transfer assistance, income substitution, relocation, and other benefits which are due to affected people, depending on the nature of their losses, to restore their economic and social base.
Family Card: A printed document in which details about the Affect Person (AP) and their family, type and degree of impact, and their entitlements are entered. This will be printed in duplicate. The original copy will be given to the AP and the duplicate kept in the custody of the Project Coordination team. Whenever an entitlement is granted, the AP will acknowledge receipt by signing on the card as having received the same, for transparency and record purposes.
Gender Equity: Recognition of both genders equally in terms of provision of entitlements, treatments, and other measures under the Social Management Plan (SMP) or RAP.
Host Population: People living in or around areas where the people physically displaced by a project will be resettled who, in turn, may be affected by the impacts of such resettlement.
Indigenous People: “Indigenous Peoples” (IP) is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (d) an indigenous language, often different from the official language of the country or region. Social Assessment carried out under the MPA confirmed that there are no IP communities that live in the selected areas for project interventions.
Involuntary Resettlement: Resettlement is involuntary when it occurs without the consent of the displaced persons or if they give their consent without having the power to refuse resettlement.
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Implementation Schedule: Timeframe and sequence of activities for the project.
Income Restoration: Re-establishing income sources and livelihood of people affected to a better or at least the pre-project levels.
Land Lot: Portion of land that belongs to a AP, Project Affected Household (PAH), or government institution. The Department of Surveys defines a lot as the basic unit of land after demarcation of the boundaries.
Landowners: Owners of land with or without trees, crops, or structures affixed to the land with clear title in government records. In some exceptional cases, a person who owns land/s is within the projectaffected areas regardless of proof of such ownership will also be entitled, provided that such ownership is recognized under law. In such cases, special decisions will be taken by the responsible authority in consultation with the local authority, and the community.
Livelihood: A means of living such as agriculture, animal husbandry, fishing, wage labour, services of various types, trade, etc.
Non-Resident Land and Structure Owners: Legal landowners who are not in possession of their land either because they have rented or leased out their said land and property affixed to it, or such land has been taken possession of by any other person.
Operational Policy (OP) 4.12: The objective of the World Bank’s OP. 4.12 on ‘Involuntary Resettlement’ is to avoid or minimize involuntary resettlement, and where it is not feasible, assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
Project Affected Household (PAH): Any household or a family that faces an impact as a result of the implementation of the project, subproject activity, etc., loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, commercial), annual or perennial crops and trees, or any other fixed or movable assets, either in full or in part, permanently or temporarily that could affect the household’s livelihood/economic status. Project Affected Household Head (PAHH): Any person who is representing the head of family or household, as a result of the implementation of subproject, etc., loses the right to own, use or otherwise benefit from a built structure, land (residential, agricultural, commercial), annual or
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perennial crops and trees, or any other fixed or movable assets, either in full or in part, permanently or temporarily that could affect the households’ livelihood/economic status.
Protected Tenants: Tenants occupying a legal property (commercial or residential) and are protected under the Rent Act of 1972 or its later amendments, which prevents the landowners from evicting them or increasing the rent at their own will.
Relocation: Rebuilding and/or reallocating housing and assets, including productive land and public infrastructure, in another location.
Rehabilitation: Re-establishing incomes, livelihoods, living, and integration within the social system.
Replacement Value/Cost: The replacement value is the cost that is adequate to purchase similar property of same quality in the open market and cover transaction cost. In applying this method of valuation, depreciation is not taken into account. For losses that cannot be easily valued or compensated, attempts are made to establish access to equivalent and culturally appropriate resources and earning opportunities. Under the project, the rate of compensation for lost land and assets will be calculated at full replacement cost.
Resettlement: A process to assist the displaced people and communities to replace their lost land, houses, and assets; restore access to assets and services; and improve their socio-economic and cultural conditions. It includes settlement of displaced people on buildable land or houses/ apartments in the same (and if not, similar, and nearby) locality with barrier-free access to basic amenities. New settlement schemes in the context of development projects following restoration of law and order, including restoration of livelihoods, incomes, and assets bases and assistance to rebuild life after being resettled, are also included in resettlement.
Resettlement Action Plan (RAP): The document in which a project sponsor or other responsible entity specifies the procedures that it will follow and the actions it will take to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project.
Resettlement Assistance: Support provided to people who are physically displaced by a project. Assistance may include transportation, food, shelters, and social services that are provided to affected people during their relocation. Assistance may also include cash allowances that
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compensate affected people for the inconvenience associated with resentment and defray the expenses of a transition to a new locale, such as moving expenses and lost works days.
Resident Land and Structure Owners: Owners with clear title deeds for the land and structures which they are currently occupying for their own use, residential, commercial, cultural, or religious purposes.
Stakeholders: Individuals, groups, organizations, and institutions interested in and potentially affected or benefitting from a project, some of whom may also have the ability to influence a project positively or negatively.
Squatter: Someone who has occupied public or private land, developed structures on it, and put such land into residential, agricultural, or commercial use without obtaining development permission and formal title under law. Sub Families: Second or third family living in the same house registered under the same or separate register of electors at least three years prior to the date of the order published under the section 2 notice of land acquisition under the LAA.
Tenants and Lessees: Occupants that have legally taken any land or properties or both on rent or lease for a specific period, with registered papers recording agreed terms and conditions of the tenancy and/or leasehold as permitted under the law.
Vulnerable Groups: People who, by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status, may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. This category specifically refers to families supported by women and not having able bodied male members who can earn; families of physically or mentally challenged, very old, and infirm persons, who are not able to earn sufficiently to support the family; and families that are very poor and recognized by the government as living below the poverty line.
1. Introduction to the Climate Resilience Multi-Phase Programmatic Approach
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Introduction and background Sri Lanka is a lower middle-income country with a GDP per capita of US$ 3,678 (2020) and a total population of 21.4 million people. Following 30 years of civil war that ended in 2009, Sri Lanka’s economy grew at an average of 5.8 percent during the 2010-2017 period, although there have been some signs of a slowdown in the last few years. Despite these achievements, climate-related hazards pose a significant threat to economic and social development in Sri Lanka. The 2019 Global Climate Risk Index Report, launched at the Climate Summit in Katowice (COP 24), ranks Sri Lanka second among the countries most affected by extreme weather events. During the 2010 to 2018 period, 13.7 million people were affected by floods and 11.7 million by droughts. Historical data shows an increasing trend in the frequency of flood occurrences and their impacts (Figure 1 and 2), and a recent study 2 estimated that 87 percent of Sri Lanka’s population lives in moderate or severe hotspots. Hydrological and meteorological (“hydromet”) hazards could further be exacerbated by a growing population, water scarcity, and uncontrolled urbanization, and will impose substantial costs on the national economy, disproportionately affecting the poor. In addition, the productivity of key economic sectors, such as agriculture, water resources management, transport, energy, and disaster risk management are also affected by inadequate weather, water, and climate information services. By 2050, potential impacts due to climate change are foreseen to be as 1.2 percent loss of annual GDP.
Figure 1: Disaster impacts caused by Floods3
2 South Asia’s Hotspots, The World Bank, Spring 2018 (https://openknowledge.worldbank.org/bitstream/handle/10986/28723/33179.pdf?sequence=2&isAllowed=)
3 K. Kumudika Erangi Perera, The Socio-Economic Impacts of Flood Disasters in Sri Lanka, NeelaHaritha, The Climate Change Magazine in Sri Lanka Vol. II Dec.2017, Climate Change Secretariat, MMDE; DesInventar database of DMC, 2017
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Figure 2: Geographical distribution of disaster-affected people
The 2004 Tsunami marked a turning point for the Government of Sri Lanka (GoSL) to enable a more systematic approach for Disaster Risk Management (DRM). A comprehensive disaster management system has since been established and institutional mechanisms have been put in place under the Ministry of Irrigation (previously, the Ministry of Irrigation, Water Resources, and Disaster Management (MIWRDM)). In 2014, the GoSL designed the Comprehensive Climate and Disaster Resilience Program (CCDRP), which aimed at fundamental changes and mainstreaming of disaster risk management (DRM) practices in priority sectors to improve the resilience of the country. The program integrated two World Bank-financed lending and several technical assistance (TA) activities whose synergies maximize the overall outcomes and strengthen the resilience of Sri Lanka. Specifically, in 2014, the World Bank approved: (i) Climate Resilience Improvement Program and (ii) Development Policy Loan with a Catastrophe Deferred Draw-Down Option (DPL with Cat- DDO) (US$ 102 million). 4 To strengthen the fiscal resilience, a new Advisory Services and Analytics (ASA): Disaster Risk Financing and Insurance in Sri Lanka (P166332), and another ASA: Adaptive Social Protection System (P166770) were initiated to advance the design of a disaster- linked social protection mechanism, which would allow the GoSL to quickly identify, enroll, and compensate the disaster-affected households.
While the GoSL has invested in flood-resilient infrastructure, investments have followed a piecemeal approach rather than a holistic and systemic approach to achieve substantial transformation.
4 The DPL with Cat DDO closed in May 2017, after the successful withdrawal of the full loan amount following the floods and landslides in 2016 (http://documents.worldbank.org/curated/en/674381528124689623/pdf/ICR00004342-05312018.pdf)
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Multiphase Programmatic Approach (MPA) 1.2.1 Description of the MPA The Climate Resilience Multiphase Programmatic Approach (CRes MPA) will be implemented in three Phases over a period of nine years as described below. The aim of the MPA is to support the GoSL’s commitment and strategy relating to flood risk mitigation and enhancing resilience in prioritized basins. Phase I - Flood Early Warning and Kelani Climate Resilience Project (US$ 93 million); Phase II - Kelani Climate Resilience Project- Wee Oya Reservoir (US$120 million); and Phase III - Kelani Climate Resilience Project- Upper Deraniyagala Reservoir (US$221 million).
Such a multi-phased approach will allow the GoSL to make required investments capable of assuring protection up to a 1 in 100-year return period event in the Kelani basin while allowing for greater adaptability through a forward-looking learning agenda. Each Phase of the CRes MPA has its own Project Development Objective (PDO), which will help support and achieve the overall objective of the Program: The program related activities are structured are as follows:
Table 1- Components and Subcomponents of Cres MPA
Components Total IBRD GoSL Estimated (US$ (US$ Cost (US$ Million) Million) Million)
1. Forecasting and Early Warning of High Impact 50.00 50.00 0.00 Weather, Floods and Landslides 2. Construction of Ambatale Salinity Barrier and 39.00 39.00 0.00 Preparatory Studies
2.1 Construction of Salinity Barrier 20.00 0.00 2.2 Detailed designs of Wee Oya Reservoir, bidding 6.00 documents, Resettlement Action Plan (RAP), Environmental Impact Assessments (EIAs) 2.3 Feasibility studies and detailed designs for Upper 7.00 Deraniyagala Reservoir, RAP and EIA, bidding documents
2.4 Pre-feasibility and Feasibility studies for trans-basin 1.00 diversions from Kelani to dryer river basins
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2.5 Detailed Designs of Lower Kelani flood protection works 5.00
3. Land Acquisition & Resettlement Dropped 4. Project Management 4.00 3.00 1.00 5. Contingency Emergency Response Component 0.00 0.00 TOTAL 93.00 92.00 1.00
1.2.2 Project Description of Phase I Phase I of the CRes MPA has four main components and will be implemented over a period of five years. Component 1: Forecasting and Early Warning of High Impact Weather, Floods and Landslides. This component comprises three sub-components which are described below.
Sub-Component 1.1: Institutional Strengthening and Capacity Building. This sub-component will support the training of technical personnel, evaluation of opportunities to introduce new and innovative sustainable business models, training support for main stakeholders and training activities for end-users, including agriculture, water resources, disaster risk management, energy and health. In addition, this sub-component will also support to build community resilience through the development of disaster management plans with the communities with clear community roles identified.
Sub-Component 1.2: Modernization of the observing, forecasting, and communicating systems infrastructure. This sub-component will aim to upgrade and expand the meteorological and hydrological observation networks and ensure that these networks are well functioning and interoperable; modernize data management, communication and information and communication technology (ICT) systems; improve weather and hydrological forecasting processes and numerical prediction systems and refurbish Disaster Management Center (DMC), Department of Meteorology (DoM) and National Building Research Organization (NBRO) offices and facilities. Two buildings for forecasting will be designed and built namely, the National Flood Forecasting Center for the ID and the Disaster Analytics and Information Center for the DoM.
Sub-Component 1.3: Enhancement of Service Delivery Systems This component will introduce severe weather and hydrological services and enhance end-to-end early warning systems and services, including impact-based flood forecasting services, flash flood guidance system, the establishment of a digital library of climate-relevant information for Sri Lanka, development of agriculture and climate advisory services and the creation of a National Framework for Climate Services (NFCS). The World Meteorological Organization (WMO) Strategy for Service Delivery and its Implementation Plan 5 provides in-depth and step- by-step guidance for the enhancement and development of service delivery. This component will be essential in improving the credibility and penetration of the government’s climate forecasting and warning services to priority target end-users. The priority target end users and subsectors would initially include: (i)
5 WMO Strategy for Service Delivery and its Implementation Plan (WMO 2015) WMO-No.1129 4
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agriculture, (ii) fisheries; (iii) emergency and disaster risk management; (iv) water resource management; (v) land, sea and air transport; and (vi) tourism industry.
Component 2: Construction of Ambatale Salinity Barrier and Preparatory Studies. This component includes three sub-components as described below.
Subcomponent 2.1: Construction of Ambatale Salinity Barrier (US$20 million) This sub-component will finance civil and electro-mechanical works and consultancy services for construction supervision for the replacement of the existing salinity barrier across Kelani river at Ambatale. In 2002, the National Water Supply and Drainage Board (NWS&DB) constructed the existing structure to prevent the intrusion of saline water to the intake of the drinking water supply to metro Colombo and to maintain a high pool of the river water upstream of the barrier to enable the intake of freshwater supply at high pumping efficiency. The original intention was to construct an inflatable dam mounted on an elevated concrete wall across the river, but the idea of constructing an inflatable (rubber) dam was subsequently dropped after the construction started, leaving an incomplete structure at the location. The current salinity barrier is a concrete filled sheet piled wall (weir) across the river, and for operational purposes, topped up by temporary sand-filled bags (sandbags) along the weir crest. Every year, the sandbags have to be removed just before the floods to allow safe passage of the river flood and during dry weather flow, reload the sandbags along the crest of the wall to prevent salinity ingression. Considering the increasing risks of salinity mix up with the rapidly increasing water supply demand of the Colombo metropolitan area and heavy annual expenditure and efforts required to place and replace the sand bags, the Government has decided to construct a new salinity barrier with gated control arrangements.
This Component will finance all the expenditure related with the construction of a new salinity barrier replacing the existing structure. Detailed engineering designs for civil and electro- mechanical works of the new structure were completed under the previous Climate Resilience Improvement Project (CRIP, which was closed on April 30, 2021. Therefore, any additional work requiring improvements and modifications to the design as well as the construction supervision will be covered under CRes MPA).
Subcomponent 2.2: Preparation of Phase II Studies: Detailed designs of Wee Oya Reservoir, Bidding documents, Resettlement Action Plan (RAP), Environmental Impact Assessments (EIAs) (US$6 million): This sub-component will finance: i) detailed engineering designs and related environmental assessments, land acquisition and resettlement action plans for construction of Wee Oya reservoir in upper Kelani basin to be undertaken in Phase II.
Subcomponent 2.3: Preparation of Phase III Studies: Feasibility studies and detailed designs for Upper Deraniyagala Reservoir, RAP and EIA, bidding documents (US$7 million): This sub-component will finance feasibility studies, investigations and detailed designs, biodiversity surveys, environmental impact assessments of the proposed Upper Deraniyagala reservoir, and consultations, miscellaneous surveys and studies necessary for the construction of the reservoir to be undertaken in Phase III.
Subcomponent 2.4: Other Studies: Studies for trans-basin diversions from Kelani to dryer river basins and improving storm water management in Lower Kelani Basin (US$1 million): This sub-component will finance: (i) pre-feasibility level technical and socio-economic studies for trans-basin diversions from Kelani river; and (i) assessments and facilitating consultations with key stakeholders for identifying next steps for improving local storm water management, flood plains or flood risk zone management in Lower Kelani Basin.
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Subcomponent 2.5: Detailed Designs of lower Kelani Flood Protection Works (US$5 million): This sub-component will finance detailed engineering designs of flood embankments and pumping stations proposed at pre-feasibility level by the Kelani Flood Mitigation Strategy completed under CRIP. This sub-component will finance designs related to river bank erosion control and protection, river training, flood proofing of selected settlement areas and assets along the tributaries, improving flood retention areas, and improving storage capacity and conveyance efficiency of local storm water and agriculture drainage ways. It will also finance the social and environmental assessment and completion of EIA and RAP for the construction of the flood protection works concluded by the detailed designs.
Component 3: Project Management (US$ 4.0 million) This Component will finance expenditure related with activities required for implementation support in the areas of project management, procurement administration, financial management, social and environmental safeguards management, auditing, project supervision, and monitoring and evaluation.
Component 4: Contingent Emergency Response Component (CERC) (US$ 0 million) Disbursements under Component 3 will be contingent upon the fulfillment of the following conditions: (i) the Borrower has determined that an Eligible Crisis or Emergency has occurred and the World Bank has agreed and notified the Borrower; (ii) the Government of Sri Lanka has prepared and adopted the Contingent Emergency Response (CER) Implementation Plan that is agreed with the World Bank; and (iii) the Government of Sri Lanka has prepared, adopted, and disclosed safeguard instruments required, as per Bank guidelines, for all activities from the CER Implementation Plan eligible for financing under Component 4.
Disbursements will be made against a positive list of critical goods or the procurement of works, and consultant services required to support the immediate response and recovery needs. All expenditures under this component, should it be triggered, will be in accordance with BP/OP 8.0 and will be appraised, reviewed, and found to be acceptable to the Bank before any disbursement is made.
1.2.3 Project Description of Phase II Phase II: Kelani Basin Flood Mitigation Reservoir Project (Cost US$ 120 m; IBRD US$ 113m) The scope of Phase II project will be: (i) construction of multi-purpose Wee Oya reservoir for flood risk mitigation in lower Kelani basin and augment drinking water supply to Colombo city; (ii) implementation of related environmental safeguards, land acquisition and resettlement assistance; and (iii) project management
Wee Oya reservoir is one such reservoir that has been prioritized by the Ministry to be investigated for its feasibility. The main purpose for the prioritization of the project is to cater the increasing drinking water demand as well as the flood mitigation of Lower Kelani basin. Wee Oya is a tributary of the Kelani River which meets Kelani River near Yatiyanthota and the proposed reservoir constructed across Wee Oya is expected to retain a part of the flood to attenuate and delay the
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outflow flood peak. Wee Oya reservoir is also expected to regulate river flows and release water to maintain sufficient discharge for water demand in parallel with the growing urbanization and water- based industries in and around Colombo during meteorological droughts. In addition to flood mitigation and drinking water supply, possible power generation is also a consideration.
Proposed Wee Oya Reservoir is located at Malalpola Grama Niladhari Division of Yatiyanthota Divisional Secretariat Division in Kegalle District, Sabaragamuwa Province. The Wee Oya is an upper tributary of the Kelani River, which joins the Kelani River near Yatiyanthota. From Yatiyanthota, the dam is located at around 9.5 km along Wee Oya and can be accessed from B482 road.
1.2.4 Project Description of Phase III Phase III: Kelani Basin Flood Mitigation – Second Reservoir Project (Cost US$ 221 m; IBRD US$ 198 m) The scope of Phase III project will be: (i) construction of multi-purpose Upper Deraniayagla reservoir for flood risk mitigation in lower Kelani basin and hydropower generation; (ii) implementation of related environmental safeguards, land acquisition and resettlement assistance; and (iii) project management.
Upper Deraniyagala reservoir: Upper Deraniyagala reservoir is one reservoir that has been prioritized by the Ministry to be investigated for its feasibility. This reservoir is located 2.5 km away from the Deraniyagala Town in the Deraniyagala Divisional Secretary division. The main purpose for the prioritization of the project is to cater the increasing drinking water demand as well as the flood mitigation of Lower Kelani basin and hydropower generation. Reservoir capacity is 69 MCM. Ihe inundation area for proposed reservoir is about 3.3 square km.
The construction of this reservoir will have diverse impacts on gender, livelihoods, public support, labour influx, including those related to GBV, and community conflict. At the same time, the Project also has the potential to benefit local populations, including from employment opportunities during construction, prevention of food risks, safety enhancement through improved flood forecasting and early warning systems for severe weather-related events, and relocation of vulnerable households to flood safe areas.
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Accordingly, it is required to: (i) mitigate the adverse social impacts of the Project in terms of compensation for land and other assets, livelihood restoration of displaced households, and other resettlement and rehabilitation assistance; (ii) enhance the safety and security of communities living along the riverbanks from the perennial risks of floods and other extreme weather events; (iii) strengthen gender impacts and citizen engagement in Project activities and benefits, including as end-users of information from weather forecasting and early warning systems; and (iv) ensure effective implementation of safeguards management plans.
Component 3: Project Management Support (Total US$ 4 million; of which US$ 3 million will be IBRD financing). The objective of this Component is to ensure the successful implementation of the activities carried out under the Project. Activities to be supported under this Component include: (i) implementation support in the areas of project management, Monitoring and Evaluation, procurement, Financial Management, and environmental and social safeguards; (ii) monitoring compliance with environmental and social safeguards; (iii) purchase of vehicles, office furniture, and IT equipment for the Project Coordination team; (iv) incremental operating costs of the Project Coordination team; and (v) hiring of experts to reinforce the staffing of the Project Coordination team.
Component 4: Contingent Emergency Response Component (CERC) (Total US$ 0 million). This Component will support preparedness and rapid response to a natural disaster, emergency, and/or catastrophic event, as needed. The GoSL may request the World Bank to re-allocate Project funds to this Component to support response and immediate recovery efforts.
Justification for updating the SMF This SMF is a revised and an updated version of the SMF that was cleared by the World Bank and disclosed in January 2019. The previous version had to be updated due to: (i) changes in the scope of the project, and (ii) cancellation of the construction of flood embankments that had significant resettlent impacts. Specifically, the CRes MPA Program and Phase I Project budget has been downscaled from US$774m to US$403m, and from US$310m to US$92m respectively with following key changes: (i) prioritize multi-purpose water reservoirs, (ii) cancel flood embankments and pumping stations while continuing with detailed engineering designs, and (iii) terminate the land acquisition process initiated by the governent for the construction of embankments.
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The major reason for government’s request to scale down the scope of CRes MPA is the large and increasing debt burden of the country that has been further exacerbated by continuing losses in production and tax revenue consequent to COVID-19 pandemic. The April 2019 terrorist attacks too had a crippling impact on the economy earlier. The country’s debt to GDP ratio has reached around 105 percent in 2021. The fiscal constraints have compelled the newly elected administration to review all large ongoing and pipeline projects supported by the government and external donor financing and to reprioritize its investments in line with its new development vision and agenda.
The restructuring of the CRes MPA also provides an opportunity to enhance economic performance post COVID-19 by considering how the proposed investments in meteorological services can contribute to economic resilience in Sri Lanka As countries assertively begin to tackle climate change, the benefit of managing a weather- and climate- sensitive economy and the need for more applicable weather, climate and hydrological information will become apparent.
Objectives of the Social Management Framework Projects and programs financed with World Bank resources need to comply with the World Bank’s Operational Policies. Therefore, components and related activities eligible for funding under CRes MPA too will be required to satisfy the World Bank’s safeguard policies, in addition to conformity with the national regulations of the GoSL. However, since details of all the sites and specific investments of the CRes MPA are not available at this stage, except for the preliminary design for the construction of Ambatale Salinity Barrier in the upper reaches of the Kelani river (Component 2 of Phase I), site-specific Environmental and Social Assessments cannot be conducted. What is possible at this stage is an identification of generic issues that are typically associated with activities that would potentially be funded under the CRes MPA and apply the information to site specific social assessments, as and when the need arises. Therefore, the purpose of this Social Management Framework (SMF) is to outline a framework for preparing site-specific/subproject-specific social assessments and social management plans to ensure that the social risks and potential impacts associated with each phase and components of the CRes MPA are identified, and all the key principles and policy requirements for the sound management of these risks and impacts are in place to ensure that the program is carried out in a sustainable manner. This will serve as the basis in the preparation of site-specific Social Impact Assessments (SIAs) and Safeguards Management Plans (SMPs) like Resettlement Action Plans (RAPs), Abbreviated Resettlement Action Plans (ARAPs),
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Social Impact Management Plans (SIMPs), and/or Environmental and Social Management Plans (ESMPs), during implementation.
In addition to this SMF, a separate Environmental Assessment and Management Framework (EAMF) and a Resettlement Policy Framework (RPF) have been prepared as part of the safeguards instruments to be adopted under the Project. Since the World Bank has in principle agreed to finance the interventions under the CRes MPA, it is important that the project interventions under Phase I comply with the World Bank’s environment and social safeguards policies, and Phases II and III with the World Bank’s Environmental and Social Framework (ESF). Specifically, it is envisaged that the investments under Phase I will have to comply with the World Bank’s Operational Policies OP 4.01 (Environmental Assessment), OP 4.11 (Physical Cultural Heritage), and OP 4.12 (Involuntary Resettlement). However, since the detailed preparation of Phase II is expected to start in 2021, Phase II will have to comply with the World Bank’s newly introduced Environmental and Social Framework (ESF) and Environmental and Social Standards (ESS).
The specific objectives of this SMF are to: • Establish clear procedures and methodologies for social safeguards planning, review, approval, and implementation of sub-projects to be financed under the MPA. • Carry out initial assessment of social impacts (both positive and negative) from the MPA investments and propose mitigation measures in light of the available information at this stage. • Specify appropriate roles and responsibilities, and outline the necessary procedures for identifying, managing, monitoring, and reporting social concerns related to sub-projects. • Determine the training, capacity building, and technical assistance needed to successfully implement the provisions of the SMF. • Provide practical resources for implementing the SMF; and • Outline and sequence safeguard activities that will commence with project implementation.
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2. Existing Social Conditions in the Project Area Historical context of the basin and project area The Kelani River Basin, spanning a length of more than 145 kilometres, has a very important prehistorical significance. According to historians, the presence of the Kelani river has been a source point for civilization during the long history of Sri Lanka. The basin lies between the two ancient kingdoms of Sri Jayawardanapura Kotte and the Seethawaka Kingdom, and the northern section of the basin belongs to the old Kandyan Kingdom. During the reign of Parakramabahu IX of Kotte Kingdom (1508/09 to 1529), the capital was moved to Kelaniya until 1528. There are archaeologically important sites and monuments in the river basin that date back to the early Anuradhapura era (377 BC to 1017 AD), most of which are monasteries. The river itself has been a main source of transportation, livelihood, and water supply for the communities that settled on its banks.
Hanwella, the starting point for the construction of embankments under the proposed CRes MPA, was an important site for ferry routes that went through the Kelani river. It is believed that King Mayadunne of Seethawaka kingdom made the Gurubebila Fort (also known as the Hanwella Fort) in Hanwella as a form of protection for the ferry route (Figure 3). It was subsequently occupied by the Portuguese (1597), Dutch (1684), and English (1786), and the Fort underwent rehabilitations under the different colonizers. Similarly, the Malwana Fort, at Malwana in the Gampaha District, was constructed by the Portuguese and was used by the soldiers stationed there. Later on, the Fort was occupied by the Dutch and underwent rehabilitation and subsequent abandonment as well.
Figure 3: Hanwella Fort in 1736
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Colombo lies in the river basin and is the largest commercial and administrative hub of the country. ‘Kolonna thota’ (port on the Kolonne river – the old name for the Kelani river) was an important seaport due to the presence of the natural harbour, as well as its location in the ancient trade route used by the Roman, Arab, Persian, and Chinese trade sailing vessels more than 2000 years ago. Colombo saw first of its development during the era of the Kotte Kingdom, and has been one of the highly populated cities in the country ever since. The Colombo Fort was developed in the 16th century by the Portuguese to fortify their trading post and encompasses the area that now houses the major hotels and presidential palace. The area outside the Fort is now Pettah (‘Pita Kotuwa’ in Sinhala, which translates directly to ‘outer fort’). The Fort underwent sieges during the Sinhalese- Portuguese war and then was conquered by the Dutch East India Company in 1656. The Dutch rehabilitated the Fort, and it became a military strategic point for the confrontations that happened during the Sinhalese-Dutch war. Once the English conquered the Fort, Colombo was transformed into a place of administrative importance and was subsequently named the capital of Ceylon in 1815 during the Kandyan Convention. Once the new administrative legislations were established in 1978, Sri Jayawardenapura Kotte was designated as the administrative capital of Sri Lanka. Additional details about the historical, archeological, and cultural significance of the Project area are provided in the Strategic Social Assessment carried out for the MPA.
Land use patterns The Kelani basin can be divided into three distinct topographical units that encompass three peneplains: lower (below 100m AMSL), middle (100 to 300m AMSL), upper (above 300m AMSL)).6 This topographical variation occurring from the interior hilly terrain to coastal flat lands has resulted in the Kelani River Basin covering a range of landforms, from hillocks and ridges in its upper reaches to flood plains and coastal plains in the lower reaches. Further, the Kelani river passes through the Wet Zone of the country and is further sub divided into 10 Agro-Ecological Zones (AEZ) covering the low, mid, and up country based on elevation. Elevations of these AEZ varies from almost zero to 2000m, the mean temperature from 130C to 290C, and rainfall from 1525 to 3600 mm. Due to this different climatic and topographic variation, entirely different land use systems can be observed throughout the watershed. The lower reaches of the basin include areas within the Colombo
6 Cooray, 1984 12
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District comprising low lying flood retention zones, which are essentially marsh habitat. The sustenance of these urban wetlands is heavily dependent on the inflow from the Kelani river, but these lowland wetlands are now severely fragmented. Figure 4 shows the land use pattern in the impacted area.
Figure 4: Land Use Map of the Kelani River Basin
(Source: CEA, Strategic Environmental Assessment of Development of River Basin Level Flood and Drought Mitigation Investment Plans-Kelani River Basin, June 2018).
As can been seen from the figure above, apart from the natural land use types, many anthropogenic land use types are found in the area. In general, the land use pattern in the Kelani River Basin involves two distinctive forms—the upper catchment area is more rural and is used primarily for plantation and agricultural land, and the lower catchment area is built-up land with modern towns and cities. As mentioned in Table 2, most of the land is used for non-traditional export crops (40,894 ha.), rubber plantations (34,764 ha.), home gardens (31,876 ha.), paddy lands (15,643 ha.), coconut (15,480 ha.), building (13,070 ha.), and forests (12,998 ha.). A relatively higher percentage of the Montane and Sub-Montane forests are in the eastern part of the basin. Large extent of paddy lands, which represent 7.8 percent of the total area, is found in the medium and lower reaches of the basin. Coconut plantations are around 5 percent.
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Table 2 : Land extent and land use patterns in the Kelani Basin Land Extent in the impacted Area (Ha.) Type of land Colombo Gampaha Kegalle Total Irrigated paddy land 1,329 1,532 1,741 4,602
Rain fed paddy land 3,869 3,345 3,827 11,041
Tea 45 - 7,154 7,199
Rubber 11,167 1,066 22,531 34,764
Coconut 1,975 4,476 9,029 15,480
Cinnamon 103 46 - 149
Non-traditional export crops 282 72 40,540 40,894
Forests 1,257 540 11,201 12,998
Grass/chena 394 118 3 515
Mashes & mangroves 1,501 725 - 2,226
Home garden 12,917 16,980 1,979 31,876
Reservoirs 1,151 1,129 495 2,775
Buildings 7,553 2,353 3,164 13,070
Sand & mountains 40 - - 40
Abandoned land 403 360 1,159 1,922
Sacred places, roads, cemetery etc 3,316 - 2,007 5,323
Overall Land extent 47,302 32,742 104,830 184,874 (Source: Department of Census and Statistics)
Notably, except for areas near Colombo, large scale human settlement activities did not take place in this area due to flood risks. This situation changed during the last three or four decades with the establishment of the Free Trade Zone (FTZ) in Biyagama and the declaration of Sri Jayawardanapura Kotte as the Administrative Capital of the country. The construction of factories and warehouses took place in Kelaniya, Malwana, Kaduwela, and Hanwella outside the Biyagama FTZ. As a result, this area has been transformed into a dominantly industrial, service, and residential region, with human settlements replacing the previously agriculture dominant areas. Such changes in land use
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have adversely affected paddy cultivation, and many farmers are giving up farming and are employed in factories, building sites, and similar economic activities.7 Further, many of these lands have developed haphazardly with no consideration of the environmental sustainability of the area. In many instances, no formal approvals are obtained from the relevant agencies. Roads have been constructed by filling drainage paths, reservations have been encroached, and the walls of houses and workplaces have become barriers to rapid water out flow during rainy periods. The cumulative result of these informal activities is heavy property damage even after a minor flood. The flood in May 2016 is a typical example in this regard, which caused heavy damage to the area, even though it has been recorded as a minor flood.
Socio-economic profile of the basin 2.3.1 Project area within the Kelani River Basin The Kelani River Basin area covers seven Districts, 38 Divisional Secretariat Divisions (DSDs), and 1,091 Grama Niladhari Divisions (GNDs), on 234,010 hectares of land area. Although there are 1,091 GNDs in the Kelani River Basin area, only 98 GNDs of the 13 DSDs of Colombo, Gampaha, and Kegalle Districts are affected by the CRes MPA as mentioned in Chapter 1.8
Table 3 : Land extent of the Kelani River Basin District Total area (ha) Area inside the basin (ha) % Of area inside the basin Colombo 67,996.76 45,854.07 67.44% Gampaha 141,847.28 33,485.59 23.61% Kalutara 164,644.77 1,144.55 0.70% Kandy 192,402.38 390.20 0.20% Nuwara-eliya 174,534.77 43,141.33 24.72% Ratnapura 328,877.54 7,146.69 2.17% Kegalle 166,099.25 102,848.32 61.92% Overall 1,236,402.75 234,010.74 18.93% (Source: GIS Survey by the consultant)
7 CEA, Strategic Environmental Assessment of Development of River Basin Level Flood and Drought Mitigation Investment Plans-Kelani River Basin, June 2018. 8 The area was determined through google topographic survey conducted at the feasibility study conducted for the interventions under the CRes MPA.
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As per the figures presented above in Table 3, the Colombo and Kegalle Districts have more than 50% of their land area located within the river basin, while the Kandy and Kalutara Districts record the least. Table 4 presents the land extent affected in each of the three Districts where the proposed interventions will be implemented under the CRes MPA. The Kegalle District is expected to be the highest impacted District with respect to land extent (9,145.37 ha). However, the Colombo District records the highest percentage of affected land from the total land covered by the district (10.26%).
Table 4 : Summary of land area in each district and project impacted area
Total land area of Land area of the % Of land area of the District the impacted GNDs impacted GND inside impacted GND inside (ha) the basin (ha) the basin Colombo 67,996.76 6,979.29 10.26% Gampaha 141,847.28 4,809.20 3.39% Kegalle 166,099.25 9,145.37 5.51% Total 375,943.30 20,933.85 5.57% (Source: GIS Survey by the consultant)
Out of the above 98 GNDs affected due to the proposed interventions, 36 GNDs are expected to be affected due to proposed embankments from Kaduwela to the sea mouth, 21 GNDs due to embankments from Kaduwela to Hanwella, and 29 GNDs due to embankments upstream of Hanwella (included in the original scope of the project). Another 8 GNDs will be affected due to the construction of the Upper Deraniyagala reservoir and another 4 GNDs due to the construction of Wee Oya reservoir. Details of the impacted GNDs and DSDs in the basin area are included in the SSA prepared for the CRes MPA.
2.3.2 Population distribution and characteristics Approximately 76,300 households are estimated to live in the impacted area of the Kelani River Basin. This constitutes 15% of the total number of households in the respective DSDs of the various Districts in the Kelani River Basin Area, as shown below (Table 5).
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Table 5: Number of households in the impacted Area District No. of households in the No. of households in the DSD impacted area Colombo 270,052 46,617 Gampaha 166,269 22,804 Kegalle 57,706 6,880 Overall Total 494,027 76,300 (Source: Department of Census and Statistics)
As explained in Chapter 1, the census 2012 was used to extrapolate (predict) the population distribution for the year 2018. Accordingly, the highest population, including those that would be affected by Project interventions, is estimated to be in the Colombo District and the lowest in the Kegalle District (Table 6). Further, the percentage of females in the Project area is slightly higher than the percentage of males, which also reflects the overall gender distribution across Sri Lanka.
Table 6 : Estimated population in the three affected districts in Kelani River Basin Area Total estimated Total estimated District population of the population of Male Female entire DSDs (2018) impacted area (2018) Colombo 1,191,051 206,543 101,908 104,634 Gampaha 722,151 99,184 48,629 50,555 Kegalle 221,154 26,979 13,003 13,976 Overall 2,140,356 332,706 163,540 169,165 (Source: Department of Census & Statistics with estimated data)
In terms of age distribution, the highest percentage of individuals in the Project area represent the age group of 35-59 years (32%), while the lowest of 8% represent the age group of 0-4 years. Another 23% of the affected population represents the age group between 5-19 years, considered as children or population attending primary and secondary education and 24% are in the age group of 20-34 years (young adults). The percentage of the population above 60 years is 13%, part of the dependent population (Table 7).
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Table 7 : Age groups of the population in the impacted area in the Kelani Basin Area District Total 0-4 5-19 20-34 35-59 >60
Colombo 206,543 16,431 48,372 49,686 66,657 25,398
Gampaha 99,184 7,493 22,260 25,219 31,526 12,687
Kegalle 26,979 2,286 6,272 6,119 8,270 4,032
Overall 332,705 26,209 76,903 81,024 106,453 42,116 (Source: Department of Census & Statistics)
Population information disaggregated with respect to religion is an important key social factor that needs to be considered in the implementation of projects, mainly due to its influence on the cultural and social activities in the area. As shown in Table 8, the impacted area in the Kelani River Basin is dominated by the Sinhalese population (81%), followed by the Tamil population (10%), and Sri Lanka Moors (8%). Other than these three major ethnic groups, there are small numbers of population belonging to the Burgher, Malay, Sri Lankan Chetty communities, mainly within the Colombo District (these groups been categorized as ‘other’).
Table 8 : Religious composition of the population in the impacted area of the Kelani Basin Total population Roman District Buddhist Hindu Islam Other in impacted area Catholic
Colombo 206,543 144,993 16,523 24,372 14,458 6,197 Gampaha 99,184 70,718 2,281 4,860 19,341 1,984 Kegalle 26,979 22,770 1,754 1,969 0 486 Overall 332,705 238,481 20,558 31,201 33,799 8,667 (Source: Department of Census & Statistics)
According to above information, the impacted area of the basin is dominated by the Buddhist population, constituting an overall average of 72% of the population. The Hindu population is 6%, the Islamic population is 9%, and the Roman Catholic population is 10%. Notably, while the Sinhala/Buddhist culture dominates the basin area, impacts of the Tamil/Hindu culture is more pronounced in the plantation area. Further, while relatively small, the impacts of Islamic culture are very strong in the limited areas where the Muslims live.
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2.3.3 Socio-economic status of the households Land Ownership and Tenure: 77% of land in the Project area is owned privately, 13% is rented from private owners, 4% are rented or leased from the government, 4% is occupied rent free, and 2% is encroached land (Table 9).
Table 9: Number of households and land tenure in the impacted area in Kelani River Basin
District
Colombo 46,617 35,576 2,041 6,503 1,377 670 449 Gampaha 22,804 17,696 544 3,169 574 555 265 Kegalle 6,880 5,483 153 240 849 69 86 Overall 76,300 58,756 2,738 9,912 2,800 1,294 800 (Source: Department of Census & Statistics)
Education: The majority (approximately 97%) of the population above 5 years is educated, and only 3% have no schooling/formal education attainment (Figure 5). Slightly less than half of the population is qualified with General Certificate of Education (GCE) Ordinary Level (OL) examination, General Certificate of Education (Advance Level) examination, university degree certificates, or above. While the number of persons who have not attended school at all is somewhat high, as a percentage, it is still lower when compared to national level data.
Figure 5: Educational qualifications of the Kelani Basin population
50 % 40 % 30 % 20 % 10 % 0 % Degree and Primery Secondary G.C.E. (O/L) G.C.E. (A/L) No schooling above Series1 19 % 39 % 20 % 15 % 4 % 3 %
(Source: Department of Census & Statistics)
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Livelihoods: The main sources of livelihoods in the impacted area broadly include employment in the public sector, private sector, semi-government sector, agriculture, technical occupations, labour work on daily wages or plantation workers, and self-employment (which includes tailoring, retail trading, making different non-traditional products, making food items, and sand mining). Broadly, more than 43% of the households in the project area derive their incomes from wage earnings, 4% from agriculture, and 54% from non-agricultural activities. Compared to the national averages, these figures indicate that a higher proportion of the population in the Project area derive their livelihoods from wage income, while a lesser percentage of people rely on agriculture.
Employment: Forty nine percent (49%) of the population are employed, 3% are unemployed, and another 48% of the population is economically inactive (Table 10). In comparison, at the national level, 48.2% of the country’s population is employed, 3.4% are unemployed, and 48.4% are economically inactive. This indicates that the employment trends in the Project area are like national averages.
Table 10: Employment levels of the population in the Kelani River Basin District Total Employed Unemployed Economically not active
Colombo 157,815 77,819 4,119 75,877
Gampaha 76,968 37,377 2,394 37,197
Kegalle 20,383 10,408 826 9,149
Overall 255,166 125,603 7,339 122,224 (Source: Department of Census & Statistics)
Income levels: As shown in Table 11, the average household income, as well as expenditure levels, of the three Project Districts is higher than the national average. However, it is also the case that, while Gampaha and Kegalle have lower income and expenditure levels, the average for the Project area is highly skewed by the data from Colombo.
Table 11: Household average income and expenditure levels of the districts in the impacted area
Income per month Expenditure per District (SLRs.) month (SLRs.)
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Colombo 104,581 90,670 Gampaha 72,834 64,563 Kegalle 51,865 48,511 Avg. for 3 project districts 76,427 67,915 National Level 62,237 54,999 (Source – Household Income and Expenditure Survey – 2016)
Public Assistance: There are various types of public assistance programs that are being implemented in the Project area by various government institutions. Among these, the Samurduhi benefits, given to poor households, are availed to 63,154 households or 18% of the total households in the impacted basin area (Table 12). There are variations across the districts—for example, a larger proportion of the population in Colombo is recipients of Samurudhi benefits compared to Kegalle.
Table 12: Number of Samurdhi beneficiaries in the impacted area of the Kelani River Basin Total no of families No of families receiving % Of families District in the impacted Samurdhi in the impacted receiving Samurdhi area area benefits Colombo 172,959 36,073 21% Gampaha 122,472 20,969 17% Kegalle 49,169 6,111 12% Overall 344,599 63,154 18% (Source: District Statistical Handbooks - Department of Census & Statistics)
2.3.4 Housing As presented in Figure 6, the majority of the housing units in the Project area are ‘permanent type’ (89%), while there is only 1% classified as “improvised structures” or “temporary structures”. Further, 71% of the houses are single one-story housing units, 16% are single two-story housing units, 1% are single multi-story housing units, 3% are annexes, 2% are flats, 1% are twin houses, 4% are row/line room housing units, 1% are shanties, and a very few are condominiums.
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Figure 6: Status of different types of housing structures
Hut/Shanty Row/Line room Twin house Condominium Flat Attached house/Annex Single 2+ story Single-2 story Single -1 story
0 % 10% 20 % 30 % 40 % 50 % 60 % 70 % 80 % Attached Single -1 Single-2 Single 2+ Condomini Twin Row/Line house/Ann Flat Hut/Shanty story story story um house room ex Series1 71 % 16 % 1% 3 % 2 % 0 % 1 % 4 % 1 %
(Source: Department of Census & Statistics)
2.3.5 Access to public utilities Electricity and Cooking Fuel: Approximately 95% of the households in the Project area use the national grid, while 5% use kerosene for lighting their houses. Other types of lightings constitute less than 1%. In terms of cooking fuel, the main energy sources for cooking are firewood (45%), gas (44%), and kerosene (10%). A small percentage of households also use electricity, saw dust/paddy husk, and other materials (See Figure 7).
Figure 7: Source of electricity supply to the household
100% 80% 60% 40% 20% 0% National Rural hydro Kerosene Solar power Bio Gas Other network power Series1 95% 0% 5% 0% 0% 0%
(Source: Department of Census & Statistics) Drinking water: As shown in Figure 8, the majority of the population (more than 90%) obtains drinking water from the National Water Supply and Drainage Board’s (NWS&DB) water lines and
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protected wells. There are, however, households that rely on tube wells, bowsers, rivers/ tanks/ streams, and rainwater. Figure 8: Sources of Drinking Water Suppy
Bottle water 0 % Rain water 0 % River/ Tank/stream 3 % Bowser 0 % Tube well 1 % Rural water projects 4 % Tap outside premises 4 % Tap within premises 6 % Tap within house 50 % Unprotected well 1 % Protected well outside premises 4 % Protected well within premises 26 % 0 % 10 % 20 % 30 % 40 % 50 % 60 %
(Source: Department of Census & Statistics)
In terms of sanitary facilities, 82% of households have access to a water seal toilet connected to a sewer system, 14% have water seal toilets with a septic tank, 2% have flush type toilets, and 2% utilize direct pits. In some of these cases, these sanitary facilities are of very poor quality.
Schools and Hospitals: In terms of the total number of schools in the respective impacted area of the DSDs, 41% of schools are in Kegalle, 36% are in Colombo, and 23% are in Gampaha. However, the largest percentage of national schools is recorded in Colombo. Likewise, of the three Districts in the Project area, the largest number of hospitals are located in Colombo (42%), 32% are in Kegalle, and 26% in Gampaha. Further, the largest numbers of hospital beds, Medical Officers of Health (MOHs), Public Health Inspectors (PHI), and Health Midwives are in Colombo.
Road networks: Similarly, the largest road network within the proposed Project intervention areas is recorded from Colombo, and the lowest is from Gampaha. Specifically, of the total road length in the impacted area, Colombo contains 41% of roads, Kegalle contains 35%, and Gampaha contains 24%.
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Gender and Vulnerability in the Project Area 2.4.1 Gender Dynamics The total population of the impacted area consists of 163,540 (49.2%) males and 169,165 (50.8%) females. Similar to the general population, the majority (approximately 95%) of the population in the Project area is educated, but a slightly higher percentage of women (5%, compared to 3% in the general population) have no schooling/formal education attainment (Figure 9). A much lower percentage of women are qualified with General Certificate of Education (Ordinary Level) examination, General Certificate of Education (Advance Level) examination, and university degree or above. As can be seen, Sri Lanka’s women’s participation in the labour force is approximately 50% and the rates are similar across the Project area, although it is slightly higher in the Kegalle District.
However, these figures across the three Districts are higher than the national of 36%.9 Figure 9: Femable population by education levels in the impacted area in the Kelani River Basin
(Source: District Statistical Hand Books - Department of Census & Statistics) However, In Sri Lanka, women are more vulnerable to the consequences of natural disasters compared to men, due to differences in employment status, income, gendered social roles, social
9 World Bank. Getting to Work: Unlocking Women’s Potential in the Sri Lanka’s Labor Force’ 2017.
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norms, and restrictions governing behavior. 10 Women heading their households may lack the support of a male and/or social capital required at the onset of floods to remove assets and special needs individuals from the households; as a result, they may experience greater isolation and emotional trauma than others pre-during and post crisis. Pregnant women, women with infants and toddlers, women caring for the ill/disabled are likely to face several challenges related to mobility, which will compromise their ability to move to safety and have their special needs met while at the shelter. Women may have difficulties in preparing for and going through a natural disaster without the presence of a male relative. If mobility is restricted, and/or access to TV/radio is limited, these individuals may be at a disadvantage in terms of receiving and responding to early warnings.
2.4.2 Vulnerable groups The vulnerable groups in the Project area comprise women-headed households, persons below the official poverty line, the unemployed population, the population who did not attend schools, the differently abled population, children below four years old, and the elderly.
Women-headed households: The women headed households in the three Districts are about one fifth of the total population: 21% in the Colombo District, 20% in the Gampaha District, and 21% in the Kegalle District, as against the 20% of households at the national level. This is an important group, as the women in these households take full responsibility for managing the family, reducing the poverty levels, and providing other types of social protection to their families. Population below the poverty line: The incidence of poverty is reported as 3.8% in the impacted area of the Kelani River Basin, with the highest poverty level reported in the Kegalle District. Further, a higher rate of poverty is reported from the rural areas: Deraniyagala DSD (11.6%), Yatiyantota DSD (10.9%), Bulathkohupitiya DSD (9.6%), Ruwanwella DSD (8%), Dompe DSD (5.3%), and Seethawaka DSD (5%). In all other DSDs that are urban, the poverty rates are less than 4%.11
10 De Silva, K., & Jayathilaka, R. (2014). Gender in the context of disaster risk reduction; a case study of a flood risk reduction project in the Gampaha District in Sri Lanka. Procedia Economics and Finance, 18, 873-881. 11 Department of Census and Statistics. ‘Spatial Distribution of Poverty in Sri Lanka’ 2015. Available at http://www.statistics.gov.lk/poverty/SpatialDistributionOfPoverty2012_13.pdf
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Unemployed population: In terms of unemployment, while the percentage of the unemployed population in the Project area is relatively low at 2.2%, the highest percentage of unemployed persons is reported from the Kegalle District (3.1%) and 3.5% from the Deraniyagala DSD. Population that did not attend schools: Approximately 3% of the population in the Project area has not attended school. However, there is variation across the Project Districts, with the highest from the Kegalle District (5.4%). People with disabilities: At the national level, the percentage of people with a disability is reported at 1.55%, but in the three Project Districts, the percentage is higher at 2.19%. Further, as shown in Table 13, the highest rate of disability is recorded in the Kegalle District (4.17%).
Table 13: Disabled population in the impacted area of the Kelani River Basin Disabled population in 2018 Total Total disabled Population in population in District the the impacted area impacted area
Colombo 206,543 4,425 735 786 562 1,123 149 1,070 % 2.14% 0.36% 0.38% 0.27% 0.54% 0.07% 0.52% Gampaha 99,184 1,745 316 354 234 449 62 329 % 1.76% 0.32% 0.36% 0.24% 0.45% 0.06% 0.33% Kegalle 26,979 1,125 201 225 155 278 50 217 % 4.17% 0.74% 0.83% 0.57% 1.03% 0.18% 0.80% National 21,637,645 335,631 82,107 87,153 57,194 11,379 15,775 82,023 % 1.55% 0.38% 0.40% 0.26% 0.05% 0.07% 0.38% (Source: District Statistical Hand Books - Department of Census & Statistics)
Dependent population: The dependent population, comprising children below five years old and elders above 60 years old, constitutes approximately 21% of the population in the Project area. The distribution of population across the three Districts is similar, although Gampaha has a slightly higher percentage of the elderly population.
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Commercial and industrial activities in the project area Altogether, there are 9,777 industries in the Project impact area, comprising mining and quarrying; food, beverages, and tobacco; textile, wearing, apparel, and leather; wood, wood production, and furniture; paper products and printing; chemical, petroleum, rubber, plastic, and non-metallic mineral product; basic metal products; and machinery and equipment. The highest percentage of industries is reported from the Gampaha District (83%), followed by the Kegalle District (16%). Notably, even though the city of Colombo is considered as the economic capital of the country, not many industries are located within the Project affected DSDs in the Colombo District—the Colombo District reportedly constitutes only 1% of industries located in the basin (Table 14).
Table 14: Number of industries in the basin area Type of Industries Number of industries in the basin area Colombo Gampaha Kegalle Total Mining & quarrying 1 271 4 275 Food beverages & tobacco 16 1,477 728 2,221 Textile, wearing, apparel & leather 42 1,446 282 1,770 Wood, wood production and 23 490 158 670 furniture Paper products and printing 10 208 49 267 Chemical, petroleum, rubber & 19 447 74 540 plastic Nonmetallic mineral products 1 1,590 17 1,607 Basic metal products, machinery & 5 2,108 19 2,132 equipment’s Other manufacturing industries 6 7 238 251 Water works & supply - 27 16 43 Overall total 122 8,071 1,584 9,777 (Source: District Statistical Handbook - Department of Census & Statistics)
Commercial units in the basin area can be classified as: retail shops; restaurants; textile and foot wear; fish and vegetable; dispensary and pharmacy; wood and iron furniture; electrical items; groceries, building material and paint shops; liquor shops; jewellery; books and stationary; motor vehicles spare parts; and other categories of sales units. Altogether, there are 2,666 registered commercial units in the impacted area of the Kelani River Basin. While most of the commercial
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units are located in the Gampaha District (70%), there is significant variation across the three Districts. For example, retail shops dominate commercial establishments in Colombo (64% of all commercial units in Colombo) but in Gampaha, their portion is relatively small (15% of all commercial units). Similarly, the categories of ‘other’ are higher in Gampaha (58% of all commercial units) and Kegalle (44% of all commercial establishments) but significantly less in Colombo (4% of all establishments).
Aside from the commercial and industrial activities mentioned above, the Kelani River Basin is famous for gem and sand mining and clay extraction. Raw clay excavation is carried out in the middle and lower part of the basin for brick and pottery industries. Sand mining happens in most parts of the river and varies from small to medium scale extractions. Many people are employed in sand mining, especially in the lower reaches of the river. Notably, however, most of these extractions are illegal and cause heavy damage to river embankments, the riverbed, and even to water extraction facilities at Ambatale.
Natural resources in the project area The fact that the entire Kelani Basin Area lies within the wet zone and spans across an elevational gradient means the river basin supports three main vegetation formations: tropical wet evergreen forest (lowland rainforests) in its lower to mid reaches and the sub-montane and montane forests at higher elevations.12
As the Kelani River Basin falls within the wet zone, it is extremely rich in biodiversity with high species richness, many endemics and some point endemics, and high numbers of rare and threatened species. Although detailed work has not been carried out systematically across the entire river basin, a few studies covering a limited number of sites have demonstrated its biotic wealth. Among the recorded threatened species are 16 dragonflies, 23 butterflies, nine amphibians, 11 reptiles, 25 birds, and 28 mammals. With respect to fish, 27 nationally threatened fish species are recorded, including eight critically endangered (CN), 15 endangered (EN), and four vulnerable (VU) species (IUCN database).
12 Jayasuriya, Kichener & Biradar, 2006; Perera et al., 2014. 28
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As is the case in the entire wet zone, much of the natural habitats, particularly the lowland rainforests, are highly fragmented and remain as pockets in an urbanized landscape. Overall, the Kelani catchment has three wildlife sanctuaries (7,518 ha), 16 proposed forest reserves (11,423 ha), 13 forest reserves (2,585 ha), and a catchment area of 2,304 hectares allocated for drinking water reservoirs (Figure 10). Figure 10: Protected areas within the Kelani basin
(Source: R & D, CEA based on Department of Wildlife/Forest Department)
Of these sanctuaries and forest reserves, Imbulpitiya and Kananpella forest reserves are located within close proximity to the proposed CRes MPA interventions. However, many of the forests in the river basin are within the jurisdiction of the Forest Department or the Department of Wildlife Conservation (DWLC). The Forest Department is in the process of expanding the existing reservations, which would have an impact on the project boundaries. Further, at the lower most extreme parts, particularly within the Colombo area, the Sri Lanka Land Development Corporation (SLLDC) proposes to holistically manage the urban wetlands as a protected area, particularly to safeguard flora and fauna displaced as a result of urbanization.
Other Development Interventions in the Project area Flood protection: There are two flood dykes, called the North bund from Peliyagoda to Thalwatta in Kelaniya DS division and the South bund located at Nagalagamweediya in Colombo DS division, which protect Colombo city from the Kelani river flooding. These flood bunds are very old structures which still play an important role in flood protection up to about a 10-year return period. In addition, there are four minor flood bunds, called Mabola, Wattala, Gothatuwa, and Ambatale. Further, from
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around Pugoda up to the river outfall, there are many minor flood protection schemes on both banks of the Kelani River. There are also lateral gated structures which prevent water entering the sub catchment areas of the minor flood protection schemes when the flood water level of the Kelani basin is high. When the Kelani river water level is low and during local floods, the gates are opened to drain out excess water to the Kelani River. Thus, these minor flood protection schemes have been playing a very important role in irrigation and flood protection in the lower reaches of the Kelani River.
Roads network: There are several roads that run along the river banks, as well as several bridges closer to the town areas that will have to be taken into consideration in the design of the flood protection works. A variation can be observed between the left and the right bank. Larger national roads and roads connecting urban centers are found on the left bank, which is closer to Colombo, and more provincial roads are located on the right bank, which is more sub urban. Further, the Road Development Authority (RDA), the national institute under which Class A and B roads are developed, improved, and maintained, has plans to develop the Ambathale to Hanwella section of the AB010 into a four-lane road. Additionally, there are several bridges that would need to be considered in the design of the flood protection works.
Water intakes: The other key infrastructure facility located between Kaduwela, and the river mouth is the water intakes of National Water Supply and Drainage Board (NWS&DB) for their water treatment plants at Ambathale and Biyagama. These two water treatment plants are the source of treated water to Colombo Metropolitan area. Also, there is a salinity barrier across the river at Ambathale, and four water supply lines (steel pipes) buried in the service corridors alongside the AB10 road. They comprise two 500mm and two 750mm pipelines. The pipes are old and were laid in the 1920s or 1930s. Further, the NWS&DB has commenced construction of four new 1200mm water supply pipelines from Ambathale.
Urban housing: Over 50% of the Colombo city population lives in shanties, slums, or dilapidated old housing schemes, which occupied 9% of the total land extent of the city. A recent survey carried out by the Urban Development Authority (UDA) has identified a total number of 68,812 families living in 1,499 community clusters (underserved settlements) which do not have a healthy environment for human habitation and access to basic infrastructure facilities, such as clean water, electricity, and sanitation. The UDA, under the Ministry of Urban Development and Housing
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(MUDH) since 2019, has launched an ambitious project to relocate these families in new housing schemes with acceptable standards. The project known as the “Urban Regeneration Program” is considered one major step in the direction of transforming Colombo into a world recognized city with a clean and pleasing environment (Figure 11).
Figure 11: Proposed housing projects under “Urban Regeneration Program”
(Source: UDA web site)
Broadlands’s project - Ceylon Electricity Board: The Broadlands hydropower project is located in the middle reaches of Kelani river basin near the confluence of the Maskeli Oya and the Kehelgamu Oya. The project entails the construction of: • 24 m high concrete gravity main dam. • Concrete gravity diversion weir of height 19 m to be constructed on the Kehelgamu Oya. • A run-of-the-river type power plant (35 MW) • Construction of a 4 km long overhead power transmission line
There are various environmental and social impacts generated by the Broadlands Project, including adverse impacts on historical and monument landscapes and sites due to the diversion of the river flow, carbon storage costs and loss of forest cover. Negative socio-economic impacts include loss of recreational activities and water sports, loss of scenic view of the river, livelihood loss especially due to reduction in forest products such as fuel wood, medicinal herbs and edible foods, and reduction in the productivity of home gardens. One of the identified benefits however is the reduced dependency on coal power, reduction in carbon dioxide emissions, all of which are conducive to the human health as well as environmental health.
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History of natural disasters The Kelani river has been a subject of numerous disasters throughout history, with the oldest recorded disaster occurring during the period of King Kelanitissa in 200 BC. Due to the topography of the basin, flooding occurs mainly in the lowland area of the Colombo region. The rainfall events that occur in the eastern region of the basin (in the high slopes) generates a river flow with high velocity and pressure, which arrives at the low slope area after Hanwella (towards the river mouth) causing flooding in the downstream parts of the river. The Nagalagam Street’s River gauging station takes recordings of flood events in the lower Kelani Basin Area, including their severity. The recordings indicate that, from 1837 to 2016, there have been a total of 27 flood events, with three critical floods and 17 dangerous floods16 (Figure 13).
Figure 12: Kelani River flooding as recorded from Nagalagam Street
(Source: Ministry of Irrigation, 2017)
Figure 13 shows a map of the flood-prone area in the Kelani basin. Specifically, as per the assessments done so far in preparation for the Cres MPA, some of the reasons for the very high flood damages reported in the basin are: • Very high rainfall with intense storm events, mainly, but not entirely, due to the Southwest Monsoon. • The high elevation of the upper catchment creating a steep river channel for most of its length.
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• The abrupt change in slope around Hanwella, which is 35 km upstream of the sea, creating a situation of a high velocity flow entering a very low energy environment, creating ideal conditions for out of bank flow, or flood.
16 The classification of floods at Nagalagam gauge station are minor floods (level between 5 ft / 1.5 m and 7 ft /2.1 m), major floods (level is between 7 ft / 2.1 m and 9 ft / 2.7 m), and severe flood (level exceeds 9 ft / 2.7 m). Gunasekara, I. P. A., “Flood Hazard Mapping in Lower Reach of Kelani River”, Journal of Engineer Vol. XXXXI, No. 05, 2008. In addition, the ‘Sri Lanka Comprehensive Disaster Management Program 2014-2018’, has also attributed the causes of recent flooding to poor land use patterns (such as deforestation, poorly planned cultivations, and uprooting bank vegetation), sand mining, and the mismanagement of solid waste that blocks canals, streams and drains and landfills.
Figure 13: Map Showing Flood-prone Areas in Kelani Basin
(Source: Survey department)
Additionally, compared to the past, the recent flood events have seen an increase in the number of lives lost, and accountability has been given to high precipitation events and flash flood events. For example, the May 2016 floods lead to the following losses in Colombo and Gampaha Districts:
Colombo District
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• The flood affected 228,871 persons in 54,248 families within 10 DS Divisions (Colombo, Homagama, Kaduwela, Kesbewa, Kolonnawa, Kotte, Maharagama, Padukka, Seethawaka, and Thimbirigasaya). • The worst damages observed were in Kolonnawa, where 155,062 people were affected.13 This was 81% of the total population in the DS division.14
Gampaha District • The flood affected 74,003 persons in 17,485 families within 13 DS Divisions in the District. • 10 divisions out of the 13 are within Kelani River Basin Area. Severely affected DSDs were: Attanagalla, Biyagama, Dompe, Gampaha, Mahara, Ja-Ela, Kelaniya, and Wattala DS.
13 Kolonnawa DS division reported the severest damages in the country as well.
14 Ministry of National Policies and Economic Affairs and Ministry of Disaster Management, 2016 from Draft SEA report for Kelani basin.
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3. Potential Social Impacts Associated with CRes MPA
Benefits of the Activities under CRes MPA The MPA, via its three consecutives but overlapping phases, is expected to bring overall positive social and environmental benefits to the program areas ensuring a holistic and sound system for the management of floods and climate change related impacts. Specifically, investments include structural and non-structural measures for Ambatale salinity barrier, Wee Oya and Upper Deraniyagala reservoirs, strengthening the GoSL’s capacity, supporting modernization efforts of hydromet systems, and scaling-up flood and drought risk modelling in priority basins for design and implementation of more resilient investments. The achievement of the expected outputs from the Project will contribute to the intermediate and long-term outcomes including: (i) more accurate and timely weather and flood forecasting; (ii) enhanced inter-agency co-ordination; (iii) a service- delivery business model approach; (iv) better decision-making of government and citizens before and during disasters; and (v) increased protection of people and assets. Each phase and the overall Program will generate social and economic benefits as per the GoSL’s vision to protect life and assets while transitioning to a middle-income country status.
The immediate beneficiaries of the Project at the government level will be the Irrigation Department, the Department of Meteorology, the Disaster Management Center, and the National Building Research Organization, all of which will be able to provide reliable, useful and timely hydrometeorological information and warnings to their clients (e.g., weather-dependent sectors such as agriculture, energy, fishery, transport, emergency services, etc) and the general public. Under Component 1, the new weather forecast system will potentially benefit the entire nation, and the flood forecasting and warning system will directly benefit approximately five million people living in flood-prone areas of the 25 river basins. The Project will support community level early warning systems for severe weather-related events, such as thunderstorms, floods, and flash floods through the introduction, pilot testing, and operationalization of an impact-based flood forecasting system and a flash flood guidance system. Similarly, it will support the development of a drought monitoring system and the development and delivery of enhanced agriculture and climate advisory services (ACAS) that will directly benefit sectoral working groups in these selected basins (agriculture, transport, energy, health, fishery, marine, tourism, etc.). For the general public, the two innovative mechanisms will be introduced: (i) accessibility of user-friendly forecasting and early warning products to a wider public and sectors; (ii) creation of a National Center for Climate Services (NCCS)
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which will provide end-users and the general public with access to a digital library that contains climate information and operational products, from risk identification, risk assessment, planning and prevention, services for response and recovery from hazards, information relevant to climate variability and change, and information and advice related to adaptation.
The construction of Ambatale Salinity Barrier under Component 2 will help ease the problems of salinity intrusion and ensure access drinking water supply to the Colombo Municipal Council limits and surrounding area without hinderance. Likewise, the detailed designs of Wee Oya Reservoir, Upper Deraniyagala Reservoir, trans-basin diversions from Kelani to dryer river basins and lower kelani flood protection works in Phase I and their constructions in Phases II and III of the MPA, will help reduce flood risks in lower Kelani basin, augment drinking water supply to Colombo city, and generate hydropower. Specifically, the proposed reservoir across Wee Oya would enable the retention of excess rainwater that flows in to Lower Kelani river basin causing floods. It will also contribute to reduce the negative impacts of floods on people and their livelihood systems. The retained excess water in the proposed Wee Oya reservoir can be used to provide supplementary quantity of water to the drinking water supply schemes established with water from Kalani river. Some drinking water supply schemes in Kelani river frequently experience water scarcity issues during dry periods of the year. The proposed Wee Oya Dam also can be used to generate hydro- power and contribute to the power generation in the country even at small scale. Likewise, the construction of the Upper Deraniyagala reservoir would cater the increasing demand for drinking water as well as the flood mitigation in the Lower Kelani basin and hydropower generation.
Potential Adverse Impacts of the Proposed Interventions
While the overall program is envisaged to have positive social and environmental benefits and impacts, the construction of new infrastructure and the upgrading of existing infrastructure, specifically in Phases II and III of the MPA, are likely to result in significant adverse social impacts that will need to be mitigated across the detailed design and implementation phases of the investments.
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3.2.1 Loss of residential, commercial, industrial, and agricultural land
As shown in the Table 15 and explained in detail in Section 2, there is a significant diversity in terms of land use patterns in the Project area, which would be affected by the interventions implemented under the CRes MPA.
Table 15: Land use pattern in the Colombo, Gampaha, and Kegalle Districts Type of land Affected Districts Colombo Gampaha Kegalle Irrigated paddy land 3% 5% 2% Rain fed paddy land 8% 10% 4% Tea 0% 0% 7% Rubber 24% 3% 21% Coconut 4% 14% 9% Cinnamon 0% 0% 0% Other crops 1% 0% 39% Forests 3% 2% 11% Grass/chena (shifting cultivation) 1% 0% 0% Marshes & mangroves 3% 2% 0% Home garden 27% 52% 2% Reservoirs 2% 3% 0% Buildings 16% 7% 3% Sand & mountains 0% 0% 0% Abandoned land 1% 1% 1% Sacred places, roads, cemetery etc 7% 0% 2% Overall Land extent in Basin Area 100% 100% 100%
(Source: Survey Department)
There are a significant number of homesteads, plantations, and commercial and industrial facilities in the areas earmarked for Phase II and Phase III where the Wee Oya and Upper Deraniyagala reservoirs are to be constructed. Land acquisition for these reservoirs may impact on these properties and assets. Additionally, there are hotels, restaurants, and recreational sites in the area to be inundated. Some agricultural activities could also be observed along the river, especially upstream from the Hanwella bridge and within the lands identified for the two reservoirs. For example, there
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is a a large-scale greenhouse facility about 6.5 km upstream from the Hanwella bridge on the left bank located between the Hanwella – Urapola road and the riverbank. Rubber and tea plantations and paddy could also be observed in the area identified for the two reservoirs. The acquisition of land may lead to total disruption of these activities. The residential lands affected due to inundation are cultivated with various perennial and semi-perennial crops such as tea, coconut, rubber and a variety of other crops grown in home gardens. These crop lands will be affected due to land acquisitions in the area.
3.2.2 Loss of residential structures The construction of the proposed Wee Oya reservoir would cause total displacements to about 159 households. They comprise 153 in Malalpola GND, 5 in Dombepola GND and 1 in Jayawindagama GND. However, the magnitude of the resettlement issues related to Upper Deranigala reservoir cannot be identified at this stage without having adequate designs and feasibility studies. In all instances of land acqusitiona dn resettlement, the valuation method defined under the accompanying RPF, and the Entitlement Matrix (EM) will be followed to determine full replacement cost for the structures and other assets and the affected land. Depreciation for structures and other assets will not be considered while determining the replacement costs.
3.2.3 Potential impacts on livelihoods and employment Most of the small to medium scale commercial activities, shops, kiosks, workshops, and vehicle repair centers located within the area and are to be directly affected by the Project, are either operated by the owner as family businesses or with a few employees. Most hotels and restaurants are family businesses with a few employees. Plantations in the area identified for the reservoirs are likely to have permanent employees engaged in tapping rubber. There would also be a category of temporary workers or hired laborers working in the paddy lands in the reservoir areas. Some of these activities would be either temporarily or permanently affected by the land acquisition and clearing of the reservation area. This would adversely affect the livelihood activities and jobs of permanent and temporary workers in small and medium scale commercial activities. Specifically, among the159 households who are likely to be displaced due to the construction of the proposed Wee Oya reservoir, there are are a few who would be economically displaced. There are 13 livelihood activities which include 6 retail shops, a garage, iron workshop, 2 small tea boutiques, a temporary hut used for business activities, a book shop, a concrete blocks manufacturing site requiring their relocation. The proposed reservoir will also affect a small-scale sand mining site operated with legal permits.
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Each affected person whose income or livelihood is affected will be assisted to improve, or at least restore his/her income to pre-project level. Income restoration schemes to be prepared under the Project will be designed in consultation with affected persons, and in consideration of their resource base and existing skills.
3.2.4 Impacts on community infrastructure, community sites and common resources Under Phase I Project of the CRes MPA, there is no foreseeable displacement or relocation of existing settlements, residents, or community due to the proposed salinity barrier. However, the intake for the Ambatale water treatment plant which serves much of Greater Colombo, and the associated salinity barrier across the river, could affect some of the weak residential structures located on the left bank (Gangabada-Bollegala GND) especially during the pilling stage. Although there are few houses on the right bank slightly away from the riverbanks those houses will not be permanently affected; instead, they may be temporarily disturbed due to noise and vibration during construction. Religious ceremonies/observances by community members in two temples, Ambatale Bodhiya Temple and the Seemamalakaya of the Galwana Temple, located close to the proposed salinity barrier may be temporarily disrupted during the construction period. The impacts are likely to be felt in the Amabatale Bodhiya Template where there are two Bo trees under which people engage in meditation. Likewise, there are several bathing places, particularly a common bathing place with an old structure (steps) located on the Right Bank (in Bollagala GND) which will be lost permanently with the proposed barrier structure since one edge of the proposed salinity barrier will be constructed at this location. According to the residents in the area, around 20-25 people use this bathing place on a daily. But most of these places are not being used at present due to erosion of the riverbanks at these locations making it dangerous to use them.
Under Phase II Project of the CRes MPA, among the affected infrastructure facilities in the Wee Oya reservoir area are the road known as Punugala road running from Yatiyanthota via Jayawindagama and Malalpola towards the destination called Seaforth which is the main access to the proposed project area. This road will be inundated due to the reservoir. This is a type B-road that falls under the purview of Road Development Authority (RDA). In addition, the internal road network in Malalpola, Jayawindagama and Dombepola, will also be affected. Majority of these roads are narrow gravel roads. There is also a mini-hydro power generation plant (6 MW) which will be affected by the new reservoir. This will deprive the volume of power supplied by the power plant to
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the national grid. About 4km section of the Punugala - Seaforth Road will also get inundated causing travel and transportation difficulties to the road users. Additionally, a power transmission line that traverses the Punugala main road that runs across the project area, will also require relocation. Another significant impact will be on the drinking water. Most of the households in the project areas (Malalpola, Jayawindagama and Dombepola) depend on small aquifers known as ‘Ulpath’ in the area. Nearly 90% of the households depend on such water fountains. The rest of the households in the project area too depend on ground water for drinking purposes. The project can cause adverse impacts on such drinking water sources. In case of loss of common resources, structures, and facilities as defined in the EM of the RPF, the same will be restored or reinstalled or access to lost facilities provided at a new place in consultation with the community or appropriate authority.
3.2.5 Breakdown of social networks The project affected community has been residing in the present land for a long period of time as a traditional rural community. Most of the families are related to each other and therefore, the social capital they have developed over time is significantly strong. Relocation and resettlement of this community from the present locations, especially due to project activities carried out in Phases II and III, will lead to create significant economic, social, cultural and psychological impacts.
3.2.6 Impacts on gender and vulnerable groups Based on existing information, there are no indigenous communities located in the areas earmarked for the salininity barrier in Phase I and the prposed reservoirs identified for Phases II and III. However, as described in Chapter 2, there are a range of socially and economically vulnerable persons and households that may suffer disproportionately due to resettlement and/or loss of livelihoods living in the Project areas. This category would include households headed by women that have no adult male support, families headed by the elderly, extremely poor families living below the official poverty line, and families that are headed or have family members with disabilities. Many of the families living within the reservation area belong to the low-income category. These families may face specific issues related to land acquisition and resettlement, due to the lack of formal titles or deeds to the land, houses, or business premises that they occupy and/or due to the difficulty of finding alternate sites for resettlement or alternative sources of income or employment.
Gender is a key concern in relation to the management of social safeguard issues, given the differential vulnerabilities of the affected men and women. In view of their higher vulnerability
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levels, specific measures are needed to enable affected women, especially in female-headed households, many of which are poor and vulnerable. These groups will require special support and interventions to help them cope with the resettlement process. Measures for enhancing positive benefits to these groups while also minimizing impacts are detailed in Section 5 of this SMF as well as the accompanying RPF for the CRes MPA.
3.2.7 Construction-related Impacts People living close to the sub-project areas are likely to face issues of traffic congestion, dust, noise, and vibration during construction. These impacts may require some families living in the immediate vicinity to be relocated until the works are completed. It will be essential to carry out structural surveys of houses and other structures before any work starts, in order to assess whether or not the houses and other structures have suffered any damage. Measures for addressing some of these construction-related disturbances will include implementation of traffic control and safety measures, signage, and educational campaigns, which will be specifically provided in the site-specific Environmental and Social Management Plan (ESMP) and/or Social Impact Mitigation Plan (SIMP) for each sub-project under the CRes MPA (see Annex V for a sample of SIMP).
3.2.8 Labour influx and impacts on local communities Infrastructure projects often involve construction of civil works for which the required labour force and associated goods and services cannot be fully supplied locally for a number of reasons, among them worker unavailability and a lack of technical skills and capacity. The labour force (total or partial) needs to be brought in from outside the project area. In many cases, this influx is compounded by an influx of other people (“followers”) who follow the incoming workforce with the aim of selling them goods and services, or in pursuit of job or business opportunities. On the one hand, such movements of labour can provide potential benefits for the community, including economic opportunities through employment and/or training by the project, contributions to the local economy by selling goods and services, the provision of local infrastructure (such as access roads, power, or water connection) which is developed for the project, and which serves the community beyond the project duration. However, the rapid migration to and settlement of workers and ‘followers’ in the project area can affect project areas negatively, in terms of increased risks of social conflict, illicit behaviour, burden on and competition for public service provision, such as water, electricity, medical services, transport, education, and social services, risk of communicable diseases
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and burden on local health services, including sexually transmitted diseases, and gender-based violence, particularly in the form of inappropriate behaviour.
To address these risks, contractors will be encouraged to tap into the local workforce, to the extent possible, as well as incorporate social and environmental mitigation measures into the civil works contract. Further, all the civil works carried out under the Cres MPA will include identification and assessment of the potential social impacts on local communities that may be generated by labour influx, development of specific measures to mitigate the risks associated with the social and environmental impacts from labour influx into the ESMP/SIMP in consultation with affected communities, monitoring mechanisms to be adopted by project proponents, and site-specific instruments relating to labour.
3.2.9 Opposition from local communities/stakeholders Stakeholder and community consultations carried out so far indicate significant support for the Project, especially considering the losses and damages experienced by the surrounding communities of the Kelani River during the 2016 and 2017 flood events. However, overtime, opposition from local communities and stakeholders is likely, given the level of land acquisition and resettlement envisaged under the MPA, especially in Phase II and III. Effective public awareness and communication, including continuous engagement and dialogue with the community is critical.
3.2.10 Potential Impacts associated with Flood protection structures The original scope of CRes MPA included flood risk mitigation measures in the lower Kelani Basin to reduce flood risks in surrounding communities, personal assets, and public infrastructure in the main Kelani River and its tributaries for an approximate length of 15 kilometers between Hanwella and Kaduwela (Phase I). To achieve this objective, the original MPA aimed at primarily supporting the construction of different types of embankments along the lower Kelani basin for protection against riverine floods, and the construction of 13 pumping stations in tributaries. While the construction of flood embankments and pumping stations will be dropped from revised CRes MPA, detailed designs for the embankments for the entire stretch from Hanwella to the sea outfall (36 km), will be retained in Phase I Project. This will ensure that detailed designs are ready for flood prone lower Kelani Basin and can be implemented once the Government’s financial situation allows. Since the revised scope of CRes MPA incorporates provisions for the preparation of detailed designs for the Kelani embankment, including the preparation of safeguards instruments, the following is a brief
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a description of the potential impacts that need to be considered while preparing the detailed designs of the embankments and the carrying out the relevant environmental and social assessments and preparing the RAP and other instruments. These impacts are drawn primarily from the Resettlement Action Plan that was prepared and disclosed in February 2019 for the construction of embankments from Hanwella to Kaduwella, in the first 15 km stretch of the total embankments that would eventually cover the length from Hanwella to the sea outfall.
The main characteristic of the project affected area identified for Phase I of the original scope of CRes MPA was that it had a combination of urban, semi-urban, and/or rural features covering Hanwella, Dompe, Biyagama, and Homagama and Kaduwella DSDs. The project envisaged a total of 747 households in the project affected area to be affected both physically and economically. The project affected area was defined as a 50-foot reservation from the riverbanks on both sides.
Physical Displacement and Relocation: As per the RAP disclosed in February 2019, an estimated 217 households, comprising a total population of 776 individuals, would be affected by the construction of the flood embankments. Of these 217 households, 203 households would be fully affected, and 14 would be partially affected. Similarly, a total of 150 commercial businesses were to be affected (121 fully affected and 29 partially affected) alongside 101 home-based businesses.
Loss of Residential, Commercial, and Agricultural Land: The construction of embankments (along the 15 km stretch between Hanwella and Kaduwela) is expected to lead to the acquisition of a total 37,946.9 perches (approximately 96 ha). Out of this, most of the land (36,318.4 perches or 91.9 ha) is private land.15 In land ownership, of the 918 parcels of land that would be affected, 67 percent have titleholders while 23 percent do not have clear ownership deeds.
Impact on Trees, Crops and Auxillary Structures: Based on the RAP disclosed in Febury 2019, a total of 33,611 trees were identified in the project area located within the 50-ft reservation line of which 54 percent were harvesting trees. In addition, there are also auxillary structures present in the project-affected area most of which were priate structures.
15 Within the private land, 5,633.8 perches (14.2 ha) was commercial land, 15,051.9 perches (38.1 ha) was agricultural land (almost all of this was plantation land), and 5,816.5 perches (14.7 ha) was residential land. 43
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Impacts on Businesses, Livelihoods and Employment: An estimated 601 households would be economically affected due to land acquisition required for the project, including because of: impacts on their primary employment, loss of land and non-residential structures, and impacts on their business/livelihoods. Additionally, there were 101 home-based businesses and ‘own account workers,’ and aproximately 150 businesses operating in the project area of which half were formally registered, that were expected to be affected.
Impact on Access to River: There are seven public bathing places in the project area used daily for bathing and washing by over 1,500 persons. The construction of bunds or flood walls would limit access to these places during construction, especially for women. There were also three ferry (boatyard) sites out of which two were operational, i.e., they were used by people to cross the river by boats attached to steel cables. An estimated 500 people used these facilities to cross the river. Further, hotels that exist close to the river rely on it for their customers’ recreation and enjoyment of the natural environment. After construction of the embankments, these hotels might have difficulties retaining their clientele.
Impacts on Infrastructure Facilities and Services: The project would have an impact on the following roads: Colombo-Avissawella low level road in four places (total length of about 787 meters); 1374 m of secondary roads (Malwana-Biyagama road; Hanwella-Malwana road and Nawagamuwa – Pahala Mapitigama Road); and 764 m of jeep/ cart track roads. Additionally, there are four bridges, a flood gauging station, two flood bunds approximately 100m in length, a flood gate, and the Bomiriya anicut at Wekewatta GND in Kaduwela DSD, that would also be be affected by the Project. Approximately 2,790 m of electricity lines; 4 steel water supply (transmission) lines buried in the service corridors alongside the AB-10 road; part of a storage building at the Pahala Hanwella water supply scheme premises; 100m of main water line belonging to Henpita GND; and two water tanks and land at Nawagamuwa GND, are additional structures that were envisaged to be affected as well.
Impacts on Cultural Heritage, Religious Sites, Public/Community Structures: In the first 15 km of the embankments, the project was to have an impact on six Buddhist shrine rooms, two buildings belonging to a temple (approximately 405 perches) and part of a plot of land belonging to the Catholic Church in Nawagamuwa. In addition, three cemeteries could also be affected by the flood control works. Additional public structures and land estimated to be affected include: two plots of
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land and a small building belonging to the Hanwella Pradeshiya Sabha, one plot of land owned by the Road Development Authority, one plot belonging to the Homagama DSD, drama hall in the Kaduwela Municipal Council and part of a building and 43 perches of land belonging to the Henpita Women’s Development Co-operative Society (Henpita GND in the Homagama DSD) are also structures located inside the 50-foot reservation in the first 15 km of the proposed embankments.
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4. Policy, Regulatory, and Institutional Framework All activities under the proposed Project will be consistent with the legal/regulatory framework of Sri Lanka and aligned with the World Bank policies and guidelines. This section discusses the applicable national policy and regulatory framework; World Bank safeguards applicable to the sub- projects supported under the CRes MPA; gaps in legislation, regulation, policies, and planning principles; and the measures that will be taken to ensure conformity with the World Bank safeguard policies, while adhering to the national policies.
Overview of national legislation The national level framework covers the legal and regulatory framework, policies, and regulatory roles of the relevant agencies as described below:
4.1.1 Legal and regulatory framework in Sri Lanka on land acquisition The current Sri Lankan laws governing matters relating to land, such as land acquisition, recovery of state lands, claiming rights of acquisitive prescription, declaration of reservations, compensation for property losses, and compensation for improvements in Sri Lanka are contained in a number of legislative enactments, including:
Land Acquisition Act No. 9 of 1950 (LAA), which guarantees that no person is deprived of land except under the provisions of the LAA and entitles APs to compensation for the loss of lands, loss of fixed assets, and loss of income.
Land Acquisition Regulations 2008 (LAR 2008), which includes the provision of statutory payments of compensation for affected land at market rates, reconstruction cost of structure without depreciation, and valuation for whole plot of land for determining proportional unit cost for the affected land parcel, business losses, and relocation assistance.
Land Acquisition Regulations 2013 (LAR 2013), which provides for a compensation package that goes beyond that prescribed in the LAR 2008, including ex gratia and non-statutory payments of compensation through the Land Acquisition and Resettlement Committee (LARC) and Super LARC systems for ‘specified projects’ by the Ministry of Lands.
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National Involuntary Resettlement Policy 2001 (NIRP) includes several principles/features that brings the acquisition, resettlement, and rehabilitation procedures of the GoSL closer to the World Bank’s policies. Some of these include avoiding involuntary resettlement to the extent possible; guaranteeing adequate compensation, based on replacement value; and inclusion of APs in decisionmaking relating to relocation and resettlement processes.
In addition to the above laws and policies, there are several other legal instruments in Sri Lanka that address issues of land acquisition. Summaries of these instruments and their application to the Project are elaborated in the RPF prepared under the Project.
Application to CRes MPA: Any sub-project activity requiring land acquisition of both permanent and temporary nature, particularly those resulting in impacts on properties and/or livelihoods of individuals and groups, will need to follow the provisions provided in the Acts, regulations, and the policies. These provisions and the World Bank policies, Operational Policy 4.12 (OP 4.12), will apply to determining the entitlements, valuation of assets, payment of compensation, and/or extending other types of assistance to the APs and families.
4.1.2 Laws relating to women, labour, vulnerable groups, and cultural heritage 4.1.2.1 Constitution of Sri Lanka Chapter 3 of the Constitution of Sri Lanka enshrines Fundamental Rights, including the right to equality before the law and the right to be free from discrimination on the grounds of race, religion, language, caste, sex, political opinion, and place of birth. Further, Chapter 6 of the Constitution provides Directive Principles of State Policy and Fundamental Duties, including the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities, and further, that the state shall protect, preserve, and improve the environment for the benefit of the community.
Application to CRes MPA: Adherence to the constitutional guarantees of the right to equality the right to non-discrimination will be observed during the design and implementation of the Project and its activities.
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4.1.2.2 Labour laws The legislative framework relating to industrial, employment, and labour relations is governed by a number of statutes. The terms and conditions of employment are governed by the Wages Board Ordinance No. 27 of 1941, the Shop and Office Employees’ Act No. 19 of 1954, and the Employment of Trainees (Private Sector) Act No. 8 of 1978. Labour/industrial relations are governed by the Trade Unions Ordinance No. 14 of 1935, the Industrial Dispute Act No. 43 of 1950, the Termination of Employment of Workmen (Special Provision) Act No. 45 of 1971, and the Employees’ Councils Act No. 32 of 1979. The well-being of employees is governed by the Employment of Women, Young Persons, and Children Act No. 47 of 1956, the Maternity Benefits Ordinance No. 32 of 1939, and the Employment of Females in Mines Ordinance No. 13 of 1937. Occupational safety and health are governed by the Factories Ordinance No. 45 of 1942 and the Workmen’s Compensation Ordinance No. 19 of 1934. In addition, Sri Lanka has ratified 41 of the International Labour Organization Conventions, including the eight core conventions on labour standards, including the including the right to collective bargaining and freedom of association. The most recent ratification was of the Employment Policy Convention 1964 (No. 122) in early 2016 and the GoSL has also expressed its willingness to ratify the Occupational Safety and Health Convention 1981 (No. 155).
Application to CRes MPA: Contractors and all agencies/authorities that hire workers will have to adhere to the labour laws. In addition, they will be required to prepare their own Environmental and Social Management Plan and/or a Social Impact Mitigation Plan that will provide details on how the contractor will comply with the national labor laws as well as the RPF, SMF and the EAMF prepared under the CRes MPA.
4.1.2.3 Support for the poor and vulnerable Sri Lanka has a comprehensive social security system consisting of old age pensions, lump-sum payments at retirement for public officers and workers in the formal private sector and their dependents, and voluntary schemes for workers in the informal economy. In addition, there are schemes which cover disability, health care, and social safety nets targeting the poor. Among these, the Samurdhi program is the main social assistance programme in Sri Lanka, which is administered by the Ministry of National Policies and Economic Affairs. The Samurdhi programme consists of a relief program and an empowerment program. The relief program relates to the cash transfers, a social security fund, and a nutrition program. The empowerment program consists of five
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components: rural infrastructure, livelihood, social development, Samurdhi housing, and microfinance through Samurdhi Bank societies. The old age system is governed by the Employees’ Provident Fund Act No. 15 of 1958, and amendments, and the Employees’ Trust Fund Act No. 46 of 1980, and amendments. Sickness and maternity benefits are governed by the Maternity Benefits Ordinance No. 32 of 1941 and the Shop and Office Employees Act 1954, respectively. Work injury benefits are governed by the Workmen’s Compensation Ordinance No. 19 of 1934, and amendments. Family benefits for low-income families are governed by the Divineguma Act No. 1 of 2013.
Application to CRes MPA: Contractors and all agencies/authorities that hire workers under activities funded by the Project will be expected to adhere to social security benefits to be provided to workers, if and when applicable. Further, specific measures will be developed under the CRes MPA to ensure that adverse impacts on vulnerable groups identified under the project are minimized while positive benefits are enhanced.
4.1.2.4 Women’s Charter of Sri Lanka The state policy on women in Sri Lanka is articulated in the Sri Lanka Women’s Charter of 1993, which is based on United Nation Convention on the Elimination of all forms of Discrimination against Women. Seven areas of concern, specific to women in Sri Lanka are addressed in the Charter (civil and political rights, right to education and training, right to economic activity and benefits, right to healthcare and nutrition, rights within the family, right to protection from social discrimination, and right to protection from gender-based violence). The Charter provides for the establishment of a 15member National Committee on Women, to monitor and ensure the implementation of the provisions of the Charter.
Application to Cres MPA: Specific measures developed under the CRes MPA to support women and vulnerable groups will adhere to the obligations made under the Charter.
4.1.2.5 The Antiquities Ordinance The protection of cultural heritage in Sri Lanka is provided through a series of legislation, including the Antiquities Ordinance No. 9 of 1940 as amended by the Antiquities (Amendment) Act No. 24 of 1998, the Treasure Trove Ordinance No. 18 of 1887, the National Environmental Act No. 47 of 1980 as amended by the Acts No. 57 of 1988 and No. 53 of 2000, the Central Cultural Fund Act No. 57 of 1980, the Sigiriya Heritage Foundation Act No. 62 of 1998, the Cultural Property Act No.73 of
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1988, and the Galle Heritage Foundation Act No. 7 of 1994. Natural heritage is protected by the Natural Heritage Wilderness Areas Act No. 3 of 1988, and the National Environment Act No. 47 of 1980 stipulates the protection on both cultural and natural heritage.
Archaeological monuments (including ancient constructions of historical and archaeological value) can be declared as such by the Minister, under the Antiquities Ordinance. Ancient monuments situated on state lands and ancient trees growing in state land or any other land can also be declared as ancient monument in order to secure the preservation or protection of them. Ancient monuments situated on private land can be declared as protected monuments, after calling for objections. The Antiquities Ordinance vests the Department of Archaeology with authority to commence or carry out any work of restoration, repair, or addition in connection with any protected monument subsequent to it being declared as such. Under regulations under the Antiquities Ordinance, a prescribed zone of 400 yards from an ancient monument or protected monument is reserved, and erection of buildings, carrying on of ruining, quarrying, or blasting operations are prohibited within that reserved zone.
Application to CRes MPA: Interventions under the CRes MPA may have an adverse impact on sites of archeological and cultural significance. Specific measures to ensure chance find physical cultural resources are managed as per this ordinance, specific measures are embedded into the project environmental and social due diligence procedures.
4.1.2.6 Right to Information Act 2016 The Right to Information Act No. 12 of 2016 (RTI) established the principle of ‘open government’ and citizens’ access to information in Sri Lanka, in order to foster a culture of transparency and accountability in public authorities. The Act creates a right of access to information held by a public authority, specifies the grounds on which access may be denied, and creates a Right to Information Commission to hear appeals from refusals to grant access to information and monitor compliance with the Act. The Act requires proactive disclosure of certain information, including bi-annual reports by Minister’s detailing, among others, the functions and duties of Ministries and Ministry staff, procedures that govern the discharge of duties and exercise of power, and details of budgets and expenditure. The Act also establishes a process whereby Ministers are required to inform the general public, and all persons likely to be affected, about the initiation of projects by their Ministries three months prior to their commencement. For urgent projects, the timeframe is one week prior to
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the commencement of the project, and the reasons for urgency are required to be communicated to the RTI Commission.
Application to CRes MPA: Mechanisms and procedures for consultations, information disclosure, and the Grievance Redress Mechanism (GRM) will adhere to the provisions in the Act.
4.1.2.1 National Environmental Act No. 47 of 1980 The National Environmental Act No. 47 of 1980 (NEA) is umbrella legislation that provides a holistic framework for the protection and improvement of the environment. The NEA provides conservation and development guidelines for natural resources including water, soil, fisheries resources, forest, flora and fauna in Sri Lanka. The NEA has also paved the way for the creation of the Central Environmental Authority (CEA). Further it spells out the creation of an Environmental Council in collaboration with the respective line agencies to advise the CEA (Section7) and provide necessary guidelines to establish District Environmental Agency under the chairmanship of the District Secretary. The CEA’s environmental management functions are holistic, and they are very well set out in section IV of the act. The CEA operates three primary regulatory schemes under the NEA: (1) Environmental Protection Licences (EPL), requiring environmental clearance for projects where industries and activities that pollute are categorised based on their pollution potential; (2) Environmental Impact Assessment/Initial Environmental Examination (EIA/IEE), requiring development projects to integrate environmental considerations, including addressing the likely impact of a project on the environment and ways to reduce unacceptable impacts, from the early planning stages of a proposed project; and (3) Scheduled Waste Management Licencing, requiring persons involved in the handling of waste to obtain a licence.
Further, the National Environment Act No. 47 of 1980, as amended in 1988, also refers to involuntary resettlement. The Minister has by Gazette notifications 772/22 published on 24 June 1993 and No 859/14 of 23.02.1995, determined the types of projects for which an EIA is required under Part IV (c) of the Act. The prescribed project schedule requiring EIA includes item 12, which refers to “involuntary resettlement exceeding 20 families, other than resettlement resulting from emergency situations”.
The Minister by order published in the Gazette has specified the projects and undertakings in respect of which approval should be obtained from the Project Approving Agency (PAAs). Typically, the
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PAA is also the project proponent and is required to prepare an IEE or EIA according to CEA guidelines.
Application to CRess MPA: The proposed program includes several physical interventions, including the flood bunds and the construction of upstream reservoirs, which are projects that require an Environmental Impact Assessment (EIA) under the provisions in the National Environmental Act. The guidelines provided in the EAMF, prepared under the CRes MPA, will be applied to adhere to the provisions under the Act.
4.1.2.2 The Flood Protection Ordinance Act No.22 of 1955 This Act provides room for the Minister to declare any area in the country as a flood area. It has provisions to prepare a scheme for the protection of a flood area, the creation of a flood authority, regulations for the management of a flood area, and acquisition of land for the purpose of the ordinance. The flood authority is usually the District Secretary of the affected area. For larger areas, such as a municipality, the Minister may appoint the Mayor of the municipality as the flood authority.
Application to CRes MPA: As the whole Project focuses on flood mitigation, the provisions of the Act are relevant and will be adhered to in the design and implementation of different interventions under the CRes MPA.
4.1.2.3 Disaster Management Act No. 13 of 2005 Under the Disaster Management Act No.13 of 2005, there is provision to establish a National Council for Disaster Management (NCDM). The Act defines “disaster” as an actual or imminent occurrence of a natural or man-made event, which endangers or threatens to endanger the safety or health of any person or group of persons in Sri Lanka, or which destroys or damages or threatens to destroy or damage any property. The Act mentions that disasters may happen as the result of a malfunction of the normal operating procedures or precipitated by the intervention of an outside force, such as a cyclone, flood, or deliberate acts of arson or sabotage. The objective of this Act is to protect human life, property, and the environment of Sri Lanka from any event defined as a disaster. This Act plays a key role in protecting the environment and provides necessary guidelines for the protection of human life, property, and the environment of the country. The major functions of the NCDM include formulating a National Policy and Program on the management of disasters, which will provide for the protection of life of the community and environment and the maintenance and development of
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disaster affected areas; the effective use of resources for preparedness prevention, response, relief, reconstruction, and rehabilitation; and the enhancement of public awareness and training to help people to protect themselves from disasters. Under section 10 of the Act, every ministry, government department, and corporation must prepare a Disaster Management Plan to counter any disaster or impending disaster. This must be done in accordance with any guidelines set out by the NCDM.
Application to CRes MPA: The Project itself is a response to an associated disaster. Thus, all the provisions in the Act will be applicable under the CRes MPA.
4.1.2.4 Water Resources Board Act No. 29 of 1964 The primary responsibility of the Water Resources Board is the control, regulation, and development (including the conservation and utilization) of water resources of the country. In addition, responsibilities are to promote afforestration, the control of soil erosion, and the prevention of the pollution of rivers, streams, and other water sources. The Water Resources Board is the key player of the formulation of national policies relating to the control and use of water resources of the country, as well as co-ordinating projects undertaken by government departments, local authorities, and public corporations relating to the conservation, utilization development of the subterranean water resources of the country, and the assessment of the possibilities, benefits, and economic feasibilities of such projects.
Application to CRes MPA: The Project will work in close co-ordination with the Water Resources Board, under whose jurisdiction is the main drinking water supply intake to Colombo city located at Ambatale. The Project will involve the construction of a new salinity barrier at this location where close collaboration between the Water Resources Board and the Irrigation Department will be required for sound implementation.
4.1.2.5 Sri Lanka Land Reclamation and Development Corporation Act No. 15 of 1968 The Sri Lanka Land Development Corporation (SLLDC), initially known as the Colombo District Low-Lying Areas Reclamation and Development Board, was established by Act No. 15 of 1968. The mandate of the SLLDC is to: reclaim and develop marshy and low-lying areas of land declared as such in order to render such areas suitable for building, industrial, commercial, or agricultural purposes; have the custody, management, and control of reclaimed areas; undertake construction
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work and consultancy services in the field of engineering; and to have the custody, management, improvement, maintenance, and control of canals and the prevention of pollution of canals.
Application to the CRes MPA: The Kelani River Basin includes several key retention areas that come under the SLLDC. The flood and drought management activities proposed are being designed in close collaboration between the SLLDC and the ID. It is essential that any wetlands identified by the SLLDC for protection are maintained in the same way as part of Project interventions. Any works on these retention areas will need concurrence from the SLLDC as per their mandate.
Relevant Government Agencies in the Kelani River Basin Projects executed in the Kelani River Basin may come under various state agencies. The key agencies that play a role in development programs in the wider Project area where the interventions under the CRes MPA will be implemented are described below.
4.2.1.1 Ministry of Irrigation The Ministry of Irrigation (previously, the Ministry of Irrigation, Water Resource and Disaster Management (MIWRDM)) has the mandate to develop the nation's water resources and irrigation infrastructure. The Ministry is responsible for the management of river basins, groundwater sources and irrigation systems, conservation and protection of sources of water (including groundwater), monitoring pollution levels and ensuring water quality, and preventing saltwater intrusions into fresh water sources. It is also charged with the allocation of water resources at the national level (though different to the role and functions of the National Water Supply and Drainage Board), maintaining national drainage networks and flood protection systems, provisioning engineering consultancy services in relation to surface and groundwater hydrology, and providing oversight and promotion of rainwater harvesting. To this end, the ministry adopts policies and legislation, and provides guidance,
4.2.1.2 Road Development Authority The RDA is the premier highway authority in the country and is responsible for the maintenance and development of the National Highway Network, comprising the Trunk (A Class) roads, Main (B Class) roads and Expressways and the planning, design and construction of new highways, bridges, and expressways to augment the existing road network. Provincial directors have been appointed for each province to maintain the road network within the respective province. Under the preview of the
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provincial director, a chief engineer is responsible for each district in each province. Several executive engineers are appointed to work under the chief engineer. RDA also has a Project Management Unit (PMU) system for certain projects, which is headed by a Project Director with the assistance of engineering and administrative personnel who are assigned to or contracted for the project. The PMU system is mainly used for projects funded by international development agencies. The MPA may require the intervention of RDA in the event of having to re-align, re-construct or develop the road network that would be affected by the construction of river embankments and their associated infrastructure.
4.2.1.3 Urban Development Authority The principal activity of the Urban Development Authority (UDA) is to promote and regulate integrated planning and physical development, having regard to the amenities and services provided to the community, and to prepare development plans for such development areas. Further, the UDA formulates and implements urban land use policies and the development of environmental standards.
4.2.1.4 National Water Supply and Drainage Board The National Water Supply and Drainage Board (NWSDB) is the National national Organization organization responsible for the provision of safe drinking water and for facilitating the provision of sanitation to the people in Sri Lanka. The organization had its beginning as a sub- department of the Public Works Department, responsible for water supply and drainage. The main intake for the water supply to the greater Colombo area is at Ambatale, on the Kelani River. A second intake is located at Biyagama and pumping water to Biyagama water treatment plant is also under NWSDB. These two intakes are located in the area which comes under Phase I of the CRes MPA.
4.2.1.5 Ceylon Electricity Board The Ceylon Electricity Board or (CEB) is the largest electricity company in Sri Lanka. It is a government owned and controlled utility and has a market share of nearly 100%. The CEB was established by the CEB Act No.17 of 1969 and has the legal obligation to develop and maintain an efficient, coordinated, and economical system of electricity supply in accordance with the licenses issued by government. CEB comes under the authority of the Ministry of Power and Energy. CEB controls all the major functions of electricity generation, transmission, distribution and retailing in Sri Lanka. It is one of the only two on-grid electricity companies in the country; the other being Lanka Electricity Company (LECO).
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4.2.1.6 Ministry of Lands and Land Development The Ministry of Lands was established in 1932, as per the recommendation of the Committee appointed in respect of the subject of Land and Agriculture of the State Council 1931. The key functions of the Land Ministry include is formulating and implementing policies to conserve state lands, managing land settlement and land acquisition for public purposes within the country, land surveying, land acquisition, land alienation, disposition and development of land, land use policy and planning, and the registration of land titles. The Ministry of Land is the key government institute responsible for land acquisition and for administering the National Involuntary Resettlement Policy. Activities related to land acquisition and involuntary resettlement are carried out in collaboration with a wide network of public and civil society organizations, which include the project implementing agencies and their relevant ministries, the government printer, the Valuation Department, the Survey Department and Divisional Secretariats.
4.2.1.7 Sri Lanka Land Development Corporation As already described in this chapter, the Corporation is responsible for the maintenance of the canals in Colombo and in any other areas declared. The Colombo District Low-lying Areas Reclamation and Development Board was established in 1968 by Act No. 15 of 1968, with the twin objectives of reclaiming and developing marshy and low-lying areas declared under Section 2 of the Act, and to retain the custody, management, and control of such vested lands. In 1979, the activities of the organization, which had been limited to the Colombo District, were extended to the whole of Sri Lanka. The organization was re-designated as the Sri Lanka Land Development Corporation (SLLDC) by the amendment Act No. 52 of 1982(and subsequently as Sri Lanka Land Development Corporation) and its scope of activities was extended to include construction work and engineering consultancy services.
4.2.1.8 Archaeological Department of Sri Lanka The Department of Archaeology is a non-ministerial government department responsible for managing Sri Lanka’s archaeological heritage. At present the department falls under the Ministry of Education. The vision of the department is to promote proper management of Sri Lanka’s archaeological heritage. The principal legislations related to the department’s activities are: The Antiquities Act, No. 09 of 1940, The Antiquities (Amendment) Act No. 24 of 1998, Enhancement
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of Fines (Amendment) Act No. 12 of 2005, and The Recovery of Government Possession Act No. 07 of 1979.
4.2.1.9 The Department of Fisheries The Department of Fisheries and Aquatic Resources (DFAR) operates under the purview of the Ministry of Fisheries and Aquatic Resources Development and is its main implementing agency. The mandate of the Department of Fisheries and Aquatic Resources is the management, development and conservation of the fisheries and aquatic resources of Sri Lanka. The department has updated its legal provisions with the introduction of the 1996 Fisheries Act No.2, as well as adopting various related fisheries policies and management practices in line with regional and international conventions and regulations.
4.2.1.10 The Sri Lanka Railways The Sri Lanka Railways Department, more commonly known as Sri Lanka Railways (SLR) comes under the Ministry of Transport. It is the country’s railway owner and primary operator. Founded in 1858 as the Ceylon Government Railway, it operates the nation's railways and links the capital, Colombo, with other cities and tourist destinations.
4.2.1.11 The Local Government Institutions Section 97 of the Municipal Councils Ordinance No 29 of 1947 empowers a Municipality to construct through or under any enclosed or other land, alter or extend such public mains or other drains, sewers and watercourses necessary for the effectual draining of the municipal area. Section 100 of the said Ordinance authorizes a Municipal Council to cause all public drains, culverts, gutters and watercourses to be so constructed and maintained and kept as not to be a nuisance or injurious to health and to be properly cleaned and emptied. Any person who fills up, or obstructs the free flow in, any public drain is liable for conviction (Section 102). No person is permitted to erect any building over any public drain, culvert, gutter, or watercourses without the written consent of the Council (Section 104 [4]).
Sections 104 to 109 of the Urban Councils Ordinance No. 61 of 1939 incorporate provisions with respect to drainage within the area of its authority. Section 104 authorizes an urban council to layout, make, alter or extend any drain for the effectual draining of any area within the town. Section 105 empowers it to maintain, repair, enlarge or alter any public drains, culverts, gutters, and watercourses
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so that no nuisance is created by such act. Moreover, no new building can be erected over any public drain, culvert, or watercourse.
4.2.1.12 The Disaster Management Center The Disaster Management Center (DMC) was established under the National Council for Disaster Management by the Sri Lanka Disaster Management Act No. 13 of 2005. In collaboration with Ministries, Line Departments, Public Corporations; Provincial Councils, Local Authority Administration as well as District, Division and Grama Niladhari administration; the DMC is charged with the following responsibilities: • Provide information related to natural hazards and risks using appropriate methods to enable proper disaster management decisions • Formulate and implement mitigation strategies for potential future losses • Provide for accurate early warnings and ensure their effective dissemination • Build capacity to respond quickly and effectively to disasters • Enable competent Emergency Operations Management • Effective management of post-disaster activities • Improve community understanding of risks to enhance their resilience in the face of disasters
4.2.1.13 The Board of Investment The Board of Investment (BOI) has its origins in the Greater Colombo Economic Commission, which was established in 1978. Fourteen years later, in 1992, the Commission was reconstituted as the Board of Investment of Sri Lanka. The BOI is structured to function as a central facilitation point for investors. It operates as an autonomous statutory body that is directly responsible to the President of Sri Lanka. It has a Board of Directors drawn from the private and public sectors and is assisted by a Ministerial Committee on Investment Promotion.
World Bank’s Operational Policies The World Bank has various Operational Policies (OPs) and Bank Procedures (BPs) concerning environmental and social issues, which together constitute the World Bank’s ‘Safeguards Policies.’ All projects funded by World Bank must comply with these policies, when relevant. In the context of this MPA, the World Bank’s Policies on Environment Assessment OP/BP 4.01, Natural Habitats OP/BP 4.04, Forests OP/BP 4.36, Physical Cultural Resources OP/BP 4.11, Involuntary Resettlement OP/BP 4.12, and Safety of Dams OP/BP 4.37, have been triggered. In the context of
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this SMF, the relevant ones include OP/BP 4.01 on Environment Assessment and OP/BP 4.12 on Involuntary Resettlement.
4.3.1 OP/BP 4.01: Environment Assessment The Project has been categorized as a Category A project. For Category A projects, the World Bank requires an Environmental Assessment (EA) of projects proposed for financing to: ensure that projects are environmentally and socially sound and sustainable; inform decision makers of the nature of environmental and social risks associated with the project interventions; and to increase transparency and participation of stakeholders in the decision-making process. The breadth, depth, and type of analysis to be carried out as part of the EA will depend on the nature, scale, and potential environmental impact of the proposed project. Specifically, an EA evaluates a project’s potential environmental risks and impacts in its area of influence; examines project alternatives; identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation. An EA considers the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources); and transboundary and global environmental aspects, in an integrated manner. OP 4.01 also stipulates the consultation and disclosure requirements of the World Bank.
4.3.2 OP/BP 4.12: Involuntary Resettlement Involuntary resettlement covers situations where a project must compensate people for loss of land, other assets, livelihood, or standard of living. The World Bank operational policies seek to: (a) avoid where feasible or minimise involuntary resettlement, exploring all viable alternative project designs; (b) if not feasible, carry out resettlement activities as sustainable development programs that provide sufficient resources to enable displaced persons to share in project benefits; (c) ensure that the displaced persons are informed about their options and rights pertaining to resettlement; (d) meaningfully consult the displaced persons and provide them with opportunities to participate in the planning and implementation of resettlement programs; (e) assist the displaced persons in their efforts to improve their standards of living or at least to restore them to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
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In situations where there are risks and impacts associated with the losses mentioned above, the World Bank requires that the borrower prepares a Resettlement Plan or a Resettlement Policy Framework (RPF).
The RPF accompanying this SMF provides specific guidelines to address the risks associated with land acquisition and involuntary resettlement in compliance with OP 4.12, while this SMF focuses mainly on non-land related social impacts associated with/BP OP 4.01.
4.3.3 World Bank Environmental and Social Framework The new World Bank Environmental and Social Framework, approved in 2016, sets out standards intended to benefit the environment and the citizens of the borrowing countries by: (i) supporting borrowers in achieving good international practice relating to environmental and social sustainability; (b) assisting borrowers in fulfilling their national and international environmental and social obligations; (c) enhancing nondiscrimination, transparency, participation, accountability and governance; and (d) ensuring sustainable development outcomes of projects through ongoing stakeholder engagement.
There are ten Environmental and Social Standards (ESS), which specify the standards that the borrower and the project will have to meet through the project life cycle. The ten environmental and social standards are:
ESS 1: Assessment and Management of Environmental and Social Risks and Impacts. ESS 2: Labor and Working Conditions. ESS 3: Resource Efficiency and Pollution Prevention and Management. ESS 4: Community Health and Safety. ESS 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. ESS 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources. ESS7: Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities. ESS 8: Cultural Heritage. ESS 9: Financial Intermediaries; and ESS 10: Stakeholder Engagement and Information Disclosure.
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If financed by the World Bank, ESS 1, ESS 2, ESS 4, ESS 5, ESS 6, ESS 8 and ESS10 are applicable to the CRes MPA interventions in the Kelani river basin.
4.3.3.1 ESS 1: Assessment and Management of Environmental and Social Risks and Impacts ESS 1 applies to all projects supported by the World Bank.
The objectives of ESS1 are to: • To identify, evaluate and manage the environment and social risks and impacts of the project in a manner consistent with the ESSs. • To adopt a mitigation hierarchy approach to: o Anticipate and avoid risks and impacts. o Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels. o Once risks and impacts have been minimized or reduced, mitigate; and o Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible. • To adopt differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable, and they are not disadvantaged in sharing development benefits and opportunities resulting from the project. • To utilize national environmental and social institutions, systems, laws, regulations and procedures in the assessment, development, and implementation of projects, whenever appropriate. • To promote improved environmental and social performance, in ways which recognize and enhance Borrower capacity.
One of the main requirements of the ESS1 is that the Borrower has to assess, manage and monitor the environmental and social risks and impacts of the project throughout the project life cycle so as to meet the requirements of the ESSs in a manner and within a timeframe acceptable to the Bank.
The Borrower has to (a) Conduct an environmental and social assessment of the proposed project, including stakeholder engagement; (b) Undertake stakeholder engagement and disclose appropriate information in accordance with ESS10; (c) Develop an Environmental and Social Commitment Plan (ESCP), and implement all measures and actions set out in the legal agreement including the ESCP;
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and (d) Conduct monitoring and reporting on the environmental and social performance of the project against the ESSs.
Application to the CRes MPA: When carrying out CRes MPA interventions in Kelani river basin, steps will be taken to avoid, minimize, or reduce risks. If any residual impacts remain, they will be mitigated. In the case of upstream reservoirs, adequate measures will be implemented to resettle or provide compensation to the impacted persons. In the downstream areas, all steps will be taken to avoid, minimize or reduce any impact to the communities and the public.
4.3.3.2 ESS2 – Labor and Working Conditions ESS2 focuses on sound worker-management relationships. The objectives of ESS2 are to: • To promote safety and health at work. • To promote the fair treatment, nondiscrimination, and equal opportunity of project workers. • To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate. • To prevent the use of all forms of forced labor and child labor. • To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law. • To provide project workers with accessible means to raise workplace concerns.
The applicability of ESS2 is established during the environmental and social assessment described in ESS1.
The requirements of ESS2 include: establishing working conditions and management of worker relationships (terms and conditions of employment, nondiscrimination and equal opportunity, and worker’s organisations); protecting workforce (enforce regulations related to child labor and minimum age and forced labor); establishing grievance mechanisms, maintain Occupational Health and Safety (OHS); Engage contract workers who are legitimate and reliable, engage community workers/volunteers where offered and appropriate and establish labor management procedures where the primary supply of workers involve a significant risk of child labor or forced labor.
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Application to the CRes MPA: Steps will be taken to create safe workplace and work sites while maintaining good sanitary conditions. Equal opportunities will be provided for all project workers without gender bias, and vulnerable groups will be protected.
4.3.3.3 Resource Efficiency and Pollution Prevention and Management ESS3 sets out the requirements to address resource efficiency, and pollution prevention and management throughout the project life cycle. The objectives of ESS 3 are to: • To promote the sustainable use of resources, including energy, water, and raw materials. • To avoid or minimize adverse impacts on human health and the environment by avoiding or minimizing pollution from project activities. • To avoid or minimize project-related emissions of short and long-lived climate pollutants. • To avoid or minimize generation of hazardous and non-hazardous waste. • To minimize and manage the risks and impacts associated with pesticide use.
Requirements under ESS3 include that the Borrower should consider and apply technically and financially feasible resources efficiently in accordance with the mitigation hierarchy (mentioned under ESS1). Resource efficiency includes the areas of energy use, water use and the use of raw material. Pollution prevention management includes the area of management of air pollution, hazardous and nonhazardous waste, chemical and hazardous materials, and pesticides.
Application to the CRes MPA: The project will ensure the sustainable use of resources including energy and natural resources. Environmental impacts will be prevented or minimized through emissions and solid waste management.
4.3.3.4 ESS4 – Community Health and Safety ESS4 addresses potential risks and impacts on communities that may be affected by project activities. The objectives of ESS4 are to: • Anticipate and avoid adverse impacts on the health and safety of project-affected communities during the project life cycle from both routine and nonroutine circumstances. • Promote quality and safety, and considerations relating to climate change, in the design and construction of infrastructure, including dams.
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• Avoid or minimize community exposure to project-related traffic and road safety risks, diseases, and hazardous materials. • Have in place effective measures to address emergency events. • Ensure that the safeguarding of personnel and property is carried out in a manner that avoids or minimizes risks to the project-affected communities.
The requirements of ESS4 include: (a) ensuring community health and safety through looking into the areas of infrastructure and equipment design and safety, safety of service, traffic and road safety, ecosystem services, community exposure to health issues, management and safety of hazardous materials, emergency preparedness and response; and (b) employing and managing security personnel in a way that there is no risk posed to those within and outside the project site.
Application to the CRes MPA: It is a prime concern of the project to manage all relevant health and safety issues within the project area. CRes MPA will be guided by this policy to manage community health and safety issues. Safety of the communities and road users will be assured through a well-planned traffic management system during the implementation stage.
4.3.3.5 ESS5 – Land Acquisition, Restrictions on Land Use and Involuntary Resettlement ESS5 recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. Therefore, the ESS5 guides the project partner agencies in screening the projects for social impacts in accordance with the applicable national laws and regulations and the Bank’s safeguard policies. The objectives of the ESS5 are to: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives. • To avoid forced eviction. • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure.
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• To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected.
The ESS5 is established during the environmental and social assessment as described in ESS1 (Assessment and Management of Environmental and Social Risks and Impacts).
As will be elaborated below, the requirements of ESS5 include the areas of general requirements (eligibility classification, project design, compensation benefits for affected persons, community engagement, grievance mechanism and planning and implementation); requirements related to displacement (physical and economic displacement); requirements to collaborate with other responsible agencies or subnational jurisdictions and the requirements of technical and financial assistance.
ESS5 applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or restrictions on land use imposed in connection with project implementation: (a) Land rights or land use rights acquired or restricted through expropriation or other compulsory procedures in accordance with national law; (b) Land rights or land use rights acquired or restricted through negotiated settlements with property owners or those with legal rights to the land, if failure to reach settlement would have resulted in expropriation or other compulsory procedures; (c) Restrictions on land use and access to natural resources that cause a community or groups within a community to lose access to resource usage where they have traditional or customary tenure, or recognizable usage rights.
This may include situations where legally designated protected areas, forests, biodiversity areas or buffer zones are established in connection with the project; (d) Relocation of people without formal, traditional, or recognizable usage rights, who are occupying or utilizing land prior to a project- specific cut-off date; (e) Displacement of people as a result of project impacts that render their land unusable or inaccessible; (f) Restriction on access to land or use of other resources including communal property and natural resources such as marine and aquatic resources, timber and non- timber forest products, fresh water, medicinal plants, hunting and gathering grounds and grazing and
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cropping areas; (g) Land rights or claims to land or resources relinquished by individuals or communities without full payment of compensation; and (h) Land acquisition or land use restrictions occurring prior to the project, but which were undertaken or initiated in anticipation of, or in preparation for the project.
ESS5 does not apply to: (a) Impacts on incomes or livelihoods that are not a direct result of land acquisition or land use restrictions imposed by the project. (b) Voluntary, legally recorded market transactions in which the seller is given a genuine opportunity to retain the land and to refuse to sell it and is fully informed about available choices and their implications. (c) Disputes between private parties in land titling or related contexts (d) Land use planning or the regulation of natural resources to promote their sustainability on a regional, national, or subnational level (including watershed management, groundwater management, fisheries management, and coastal zone management). (e) Management of refugees from, or persons internally displaced by, natural disasters, conflict, crime, or violence.
Affected persons of land acquisition, restrictions on land use and involuntary resettlement may be classified as: (a) Who have formal legal rights to land or assets; (b) Who do not have formal legal rights to land or assets but have a claim to land or assets that is recognized or recognizable under national law; or (c) Who have no recognizable legal right or claim to the land or assets they occupy or use. The Borrower must conduct a census to identify the persons who will be affected by the project and to establish an inventory of land and assets to be affected.
ESS5 requires that the Borrower ensures that involuntary land acquisition or restrictions on land use are limited to direct project requirements and that the Borrower considers feasible alternative project designs to minimize involuntary land acquisition or restrictions on land use.
The provision of compensation and benefits for affected persons under ESS5 requires that the Borrower offers affected persons compensation at replacement cost, and other assistance as may be necessary to help them improve or at least restore their standards of living or livelihoods. The Borrower can take possession of acquired land and related assets only after compensation in accordance with ESS5 has been made available.
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The Borrower should conduct community consultation with affected communities, including host communities through the process of stakeholder engagement described in ESS10. Decision-making processes related to resettlement and livelihood restoration will include options and alternatives from which affected persons may choose. Disclosure of relevant information and meaningful participation of affected communities and persons will take place during the consideration of alternative project designs referred to in paragraph 11, and thereafter throughout the planning, implementation, monitoring, and evaluation of the compensation process, livelihood restoration activities, and relocation process. Additional provisions apply to consultations with displaced Indigenous Peoples, in accordance with ESS7.
The consultation process should also involve women’s perspectives. Intra-household analysis is required where men’s and women’s livelihoods are impacted differently.
The Borrower should also ensure that grievance mechanisms are in place in accordance with ESS10. ESS5 also includes the instructions for the planning and implementation of the census of affected persons and the inventory of land and assets. Instructions are also included on preparing a plan on addressing the social and environmental issues identified in the environmental and social assessment. This plan should also include the roles and responsibilities relating to financing and implementation and include arrangements for contingency financing to meet unanticipated costs, as well as arrangements for timely and coordinated response to unforeseen circumstances impeding progress toward desired outcomes. The Borrower should also establish the procedures for monitoring and evaluation of the plan after implementation.
ESS5 also covers the criteria that the Borrower should follow when addressing impacts of physical and economic displacement.
The Borrower should also collaborate with other responsible agencies or subnational jurisdictions that are responsible for any aspects of land acquisition, resettlement planning, or provision of necessary assistance. Where the capacity of other responsible agencies is limited, the Borrower has to actively support resettlement planning, implementation, and monitoring.
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ESS5 also makes further technical and financial assistance available for the Borrower from the Bank to strengthen the Borrower’s capacity or the capacity of other responsible agencies in planning, implementing, and monitoring resettlement.
Application to the CRes MPA: The CRes MPA interventions in the Kelani river basin require acquisition of private lands and probably the recovery of state lands. Therefore, the ESS5 is applicable to this project and a Resettlement Policy Framework should be prepared. Accordingly, this SMF and the accompanying RPF set out the principles for social safeguards managements.
4.3.3.6 ESS8 – Cultural Heritage ESS8 defines cultural heritage as tangible and intangible heritage which may be recognized and valued at local, regional, national, or global level. Through the environmental and social assessment, as set out in ESS1, the Borrower should determine the potential risks and impacts of the proposed activities of the project on cultural heritage.
The objectives of ESS8 are to: (a) protect cultural heritage from the adverse impacts of project activities and support its preservation; (b) address cultural heritage as an integral aspect of sustainable development; (c) promote meaningful consultation with stakeholders regarding cultural heritage; and (d) promote the equitable sharing of benefits from the use of cultural heritage.
The main requirements under ESS8 are the (a) general requirements; (b) stakeholder consultation; (c) measures taken to manage the legally protected cultural heritage areas; (d) and the provision for specific types of cultural heritage; and (e) commercial use of cultural heritage. These requirements are discussed below.
ESS8 applies to all projects which: (a) involves excavations, demolition, movement of earth, flooding or other changes in the physical environment; (b) Is located within a legally protected area or a legally defined buffer zone; (c) Is located in, or in the vicinity of, a recognized cultural heritage site; or (d) Is specifically designed to support the conservation, management and use of cultural heritage.
The requirements of ESS8 apply to cultural heritage regardless of whether it has been legally protected or previously identified or disturbed. If the proposed project will be located within a legally
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protected area or a legally defined buffer zone, the Borrower will (a) Comply with local, national, regional or international cultural heritage regulations6 and the protected area management plans; (b) Consult the protected area sponsors and managers, project-affected parties (including individuals and communities) and other interested parties on the proposed project; and (c) Implement additional programs, as appropriate, to promote and enhance the conservation aims of the protected area.
Specific types of cultural heritage listed under ESS8 include archaeological sites and material, built heritage, natural features with cultural significance and movable cultural heritage. Archaeological sites comprise any combination of structural remains, artifacts, human or ecological elements and may be located entirely beneath, partially above, or entirely above the land or water surface. Built Heritage refers to single or groups of architectural works in their urban or rural setting as evidence of a particular civilization, a significant development, or a historic event.
Built Heritage includes groups of buildings, structures and open spaces constituting past or contemporary human settlements that are recognized as cohesive and valuable from an architectural, aesthetic, spiritual or sociocultural perspective. Natural features may be imbued with cultural heritage significance. Examples include sacred hills, mountains, landscapes, streams, rivers, waterfalls, caves and rocks; sacred trees or plants, groves and forests; carvings or paintings on exposed rock faces or in caves; and paleontological deposits of early human, animal or fossilized remains. The significance of such heritage may be localized in small community groups or minority populations. Movable cultural heritage includes such objects as: historic or rare books and manuscripts; paintings, drawings, sculptures, statuettes, and carvings; modern or historic religious items; historic costumes, jewelry and textiles; fragments of monuments or historic buildings; archaeological material; and natural history collections such as shells, flora, or minerals.
ESS8 recommends avoiding impacts on cultural heritage as the first measure. When avoidance is not possible, the Borrower has to identify and implement measures according to the mitigation hierarchy: relocating or modifying the physical footprint of the project; conservation and rehabilitation in situ; relocation of cultural heritage; documentation; strengthening the capacity of national and subnational institutions responsible for managing cultural heritage affected by the project; establishment of a monitoring system to track the progress and efficacy of these activities; establishment of an implementation schedule and required budget for the identified mitigation
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measures; and cataloguing of finds. Where necessary, the Borrower should involve cultural heritage experts in the environmental and social assessment.
Stakeholder consultation is also a requirement under the ESS8.
Confidentiality of information is an important aspect of ESS8. The Borrower, in consultation with the Bank, project-affected parties (including individuals and communities) and cultural heritage experts, will determine whether disclosure of information regarding cultural heritage would compromise or jeopardize the safety or integrity of the cultural heritage or would endanger sources of information. In such cases, the sensitive information should not be disclosed to the public.
Application to the CRes MPA: CRes MPA interventions in Kelani river basin could impact on any type of cultural heritage listed above (archaeological sites and material, built heritage, natural features with cultural significance and movable cultural heritage) as the project interventions involve inundation and dredging of sites and relocation of communities. Therefore, the investments under the project will require careful planning and design to protect the cultural resources in the affected areas. This aspect will be covered by the RAPs and Environmental Impact Assessment (EIA) for the specific sub-projects covered under the Environmental Assessment Management Framework (EAMF).
4.3.3.7 ESS10 – Stakeholder Engagement and Information Disclosure ESS10 recognizes the importance of open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice.
The objectives of ESS10 are to: • To establish a systematic approach to stakeholder engagement that will help Borrowers identify stakeholders and build and maintain a constructive relationship with them, in particular project- affected parties. • To assess the level of stakeholder interest and support for the project and to enable stakeholders’ views to be taken into account in project design and environmental and social performance. • To promote and provide means for effective and inclusive engagement with project-affected parties throughout the project life cycle on issues that could potentially affect them.
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• To ensure that appropriate project information on environmental and social risks and impacts is disclosed to stakeholders in a timely, understandable, accessible, and appropriate manner and format. • To provide project-affected parties with accessible and inclusive means to raise issues and grievances and allow Borrowers to respond to and manage such grievances.
The requirements under ESS10 are (a) the engagement of stakeholders during project preparation (stakeholder identification and analysis, preparation of stakeholder engagement plan, information disclosure, and meaningful consultation); (b) stakeholder engagement during project implementation and external reporting; and the (c) establishment of grievance mechanisms.
Application to CRes MPA: Stakeholders were identified and analyzed during the stage of project preparation for CRes MPA interventions in the Kelani river basin. Stakeholder consultation, by way of information disclosure, is in progress and will be continuous. Grievance redress mechanisms will be followed during the stakeholder engagement process.
National Policies and Application of World Bank’s Safeguards Policies in the CRes MPA To summarise, Sri Lanka has a complex legal system to manage land acquisition, regulate land use, address the issues of gender equality and inclusion, and consultations and information disclosure. The GoSL’s NIRP, LAR 2008, and LAR 2013 are important policy directives that bring the land acquisition and involuntary resettlement processes closer to the World Bank’s safeguards polices. The GoSL’s clearance procedures, especially by the CEA, is in principle consistent with World Bank’s OP 4.01 and public disclosure requirements, except in relation to the screening criteria adopted and the consultation requirements. More specifically, project thresholds are used to determine the type of clearance required and the content of public consultation. As also highlighted in the EAMF and the RPF prepared under the Project, all activities under the Project with an impact on the natural and social environment, will be subjected to social (and environmental) analysis, regardless of the Project threshold.
Further, whereas the LAA will remain the main legal procedure for acquiring any private land required for the Project, the APs and households will receive eligible compensation and resettlement
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benefits as per the EM given in the accompanying RPF, irrespective of their title or occupancy status prior to losing shelter, business, assets, and incomes due to this Project.
It is essential to note that while some gaps exist between the GoSL’s national legislation and systems, and the World Bank’s requirements, safeguards instruments are to be developed based on the World Bank requirements. Further, the Loan Agreement between the GoSL and the World Bank requires the Project to be implemented in compliance with the World Bank policies.
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5. Gender and Inclusion
Issues relating to gender, vulnerability, and inclusion will be considered from various perspectives within the context of the MPA and this SMF, including: (i) gender-sensitive analysis and identification of risks and benefits associated with activities under the MPA; (ii) Project-specific gender considerations to enhance Project benefits to women, vulnerable groups, and local community members; (iii) measures for ensuring that any risks and impacts arising from Project interventions, that have differential impacts on women and other vulnerable groups, are identified and mitigated; (iv) enhancing the voice and representation of women, especially through continuous engagement and consultations with women, and (v) gender-disaggregated monitoring indicators.
Gender and Vulnerability Analysis In Sri Lanka, women are more vulnerable to natural disaster compared to men, due to differences in employment status, income, gendered social roles, social norms, and restrictions governing behavior16. The assessments and consultations carried out as part of the preparation of this MPA has identified the following: (i) differentials in access to disaster-related information and early warnings between men and women; (ii) there is a lower participation of women in leadership roles in community disaster preparedness activities; (iii) women and girls face a higher risk of GBV after a natural disaster takes place; and (iii) ownership of assets is also unequal among men and women, particularly land ownership.
Women have less access to land ownership due to the preference of males in personal laws (Kandyan law, Thesawalamai law, and Muslim law) and common law around state land transfer. The biased concept of “primogeniture” and “head of household” have also contributed to creating disadvantaged situation for women on property and land rights in the context of the Land Development Ordinance (1935)17. A study18 in three sites in Sri Lanka found that 30% of women surveyed reported owning
16 De Silva, K., & Jayathilaka, R. (2014). Gender in the context of disaster risk reduction; a case study of a flood risk reduction project in the Gampaha District in Sri Lanka. Procedia Economics and Finance, 18, 873-881.
17 Sri Lanka Shadow Report, The Women and Media Collective Colombo, 2010 (https://www2.ohchr.org/english/bodies/cedaw/docs/ngo/WMD_SriLanka48.pdf)
18 Property Ownership & Inheritance Rights of Women for Social Protection – The South Asia Experience, International Center for Research on Women, 2006 (https://www.icrw.org/wp-
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some form of property. Among all the women who reported to own property, 54% of them own a house only, 13% own a house and land, and 32% own land only.
As part of the implementation plan, a detailed baseline analysis will be carried out to understand how communities obtain climate and disaster related information, and how these different communities, including women, people with disabilities, the elderly, or any other such vulnerable groups, can be effectively informed about such information availed through the MPA. Based on the findings of the assessment, an action plan for addressing inclusion issues, including gender, in this operation, will be prepared.
Enhancing Gender Outcomes under CRes MPA Gender considerations will be made an integral part of the sub-project planning and implementation for flood risk mitigation measures. To address the gap in leadership, voice, and agency that women experience in community responses and preparedness to disasters, the Project will:
• Organize focused information dissemination and awareness raising for female citizen on flood early warning and impact-based forecasting (e.g., how early warning and forecasted information will help women and their families stay safe); • Support preparation of community disaster management plan in the project sites that will help the community to take necessary mitigation actions based on the weather information and early warning to be provided as a result of Component 1: • The use of citizens’ monitoring committees that review and follow up on quality, safety, and progress aspects of the interventions. Measures will be put in place to ensure women’s involvement and increasing leadership in citizens’ monitoring committees. Women will be supported and trained to play leadership roles in these community groups. • To address the gap in ownership of assets identified among the affected population in Component 3, the Project will promptly provide options for women to have joint ownership or independent ownership of the land and house among the resettled household under Component 3 (activity detail is provided in the description of Component 3)
content/uploads/2016/10/Property-Ownership-and-Inheritance-Rights-of-Women-for-Social-Protection- TheSouth-Asia-Experience.pdf)
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• Enhance gender sensitivity of decision-makers, including at the Project Coordination team and other associated agencies such as the NWSDB, CEB, UDA, RDA/ PRDA etc, through orientation trainings on gender, and ensure women’s voice and participation in decisionmaking bodies established under the Project, including the Project Coordination team. • Ensure the inclusion of women in the different consultation activities, including through organizing targeted meetings for women. Such consultations will seek to address the needs and explore opportunities to support women and other vulnerable groups. • Develop a robust Grievance Redressal Mechanism (GRM) that is sensitive to the needs of women and other vulnerable groups.
Mitigating Adverse Impact on Women and Other Vulnerable Groups Gender is a key issue in the social safeguard management in view of the differential vulnerabilities of affected men and women, where the latter often tend to experience the impact much more. In view of their higher vulnerability levels, specific measures will be undertaken to enable the affected women – especially the poor and vulnerable – to cope with the Resettlement and Rehabilitation (R&R) process. These actions/activities will be detailed in each of the subproject-specific RAP, ARAP, ESMPF and/or SIMP, implemented under the CRes MPA.
A GBV risk assessment was carried out for the original scope of CRes MPA using the tool provided by the World Bank, and this Project was considered as low risk, with score at 8.75 out of 25. This means that the potential for incidents of GBV to arise due to the proposed investment is low. To take appropriate mitigation action, this operation will follow the guidance put forth in the World Bank’s Good Practice Note on GBV for low-risk projects, as recommended by the WB’s GBV task force, including having Codes of Conducts among other measures. Due to the nature of the major civil works involved, the following mitigation measures will be put in place to address the risks: • All the procurement documents for civil works will put in place codes of conduct and will be signed by contractors and their employees for appropriate mitigation and prevention actions. • The GRM will be gender sensitive through: (i) representation of women as GRM committee members; and (ii) training and capacity building activities for GRM members on gender issues. • A special procedure will be set up as part of the GRM that can allow GBV-related complaints to be captured and referred to existing credible care service providers as necessary.
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Measuring the impacts The Project will monitor the changes in women’s voice and agency using the following indicators: (i) Number of women who have direct access to improved flood forecasting and warning information. (ii) Number of emergency response plans developed by communities with clear community roles identified. (iii) Number of women who participated in the development of the community disaster management plans. (iv) Percentage increase in joint ownership or female ownership of the land titles among the resettled households. (v) Percentage of grievances resolved in timely manner.
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6. Managing the Risks of Adverse Impacts from Labour Influx Project activities supported under the CRes MPA will often involve the construction of civil works for which the required labour force and associated goods and services cannot be fully supplied locally for several reasons, among them worker unavailability and a lack of technical skills and capacity. In such instances, the labour force (total or partial) will have to be brought in from outside the project area. In many cases, this influx is compounded by an influx of other people (“followers”) who follow the incoming workforce with the aim of selling them goods and services, or in pursuit of job or business opportunities.
Potential adverse impacts due to labour influx On the one hand, an appropriately managed labour influx can provide potential benefits for the community, including economic opportunities through employment and/or training by the project, contributions to the local economy by selling goods and services, the provision of local infrastructure (such as access roads, power, or water connection) which is developed for the project, and which serves the community beyond the project duration. However, the rapid migration to and settlement of workers and ‘followers’ in the project area can affect project areas negatively in terms of: • Risks of social conflict, especially between the local community and the construction workers, and also between different groups within the labour force. • An increased risk of illicit behaviour and crime through the influx of workers and service providers into communities and the resultant perception of insecurity by the local community. • Discontent amongst the local community on the engagement of outsiders in the project, especially in terms of job opportunities and crowding out of locals. • An increased burden on and competition for public service provision, such as water, electricity, medical services, transport, education, and social services. • Local inflation of prices, with the increase in demand for goods and services due to labour influx, and increased pressure on accommodations and rents, which may lead to price hikes and crowding out of residents. • An increased risk of communicable diseases and burden on local health services, including sexually transmitted diseases. • GBV, particularly in the form of inappropriate behaviour, such as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual relations with minors from the local community.
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• Child labour and school dropout, especially following the increased opportunities for the host community to sell goods and services to the incoming workers. • Risks of exploitation of labourers, especially in the form of hiring underage labourers, low and unequal wage payments, forced labour, and discrimination on basis of the basis of gender, caste, religion, or ethnicity.
The potential for these risks is more likely in project sites that are in isolated areas and/or in areas where the scope of construction work is large and the possibility for hiring local labourers is limited, thus requiring labourers and workers to be brought in from outside.
To address the above-mentioned impacts from labour influx on local communities, the Project will: • Reduce labour influx by tapping into the local workforce, to the extent possible. • Assess and manage labour influx risks based on appropriate instruments; and • Incorporate social and environmental mitigation measures, including those relating to GBV, into the civil works contract.
Assessment and management of risks and impacts To address the risks and adverse impacts on communities from the Project induced labour influx, the following steps will be adopted: • Administer the Social Screening Checklist prepared for this SMF/RPF to identify and assess the type and significance of potential social impacts on local communities that may be generated by labour influx. • As part of the SIA, carry out an assessment of the location of the Project, contextual factors of the location, and the legal and policy framework of the GoSL, if the screening suggests potential impacts. • Incorporate the recommendations the SIA, including those relating to SEA risks, and define mitigation measures, including those recommended by the World Bank’s Good Practice Note on GBV, which has been prepared based on the recommendation of World Bank’s Global GBV Task Force19;
19 Report of the Global Gender-Based Violence Task Force (2017): Working together to prevent sexual exploitation and abuse: recommendations for World Bank investment projects
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• Develop specific measures to mitigate the risks associated with the social and environmental impacts from labour influx into the ESMP/SIMP in consultation with affected communities, in the civil works bidding documents, and subsequent contracts (contractor responsibilities are outlined in Box 1 below); • Implement the appropriate mitigation and monitoring programs, which includes the development and implementation of a stakeholder engagement program; • Establish a GRM for workers and host community which among others will integrate protocols established by the World Bank’s Good Practice Note on GBV. • Monitor and supervise regularly, including on GBV-related issues, in co-ordination with other government agencies and civil society organisations; and • Prepare periodic reports for submission to the Project Coordination team, the World Bank, and other relevant Ministry/government agencies on implementation and the results of the ESMP, SIMP, EMP, and other relevant plans, as well as the GRM resolutions relating to labour and GBV-related issues.
Further, mitigation measures will be driven by consultations with stakeholders and in alignment with the World Bank’s Guidelines on ‘Managing the Risks of Adverse Impacts on Communities from Temporary Project Induced Labour Influx’. It will be the contractor’s obligation to prepare and submit a plan that outlines code of conduct for workers, worker camp management plan and measures to address GBV. These will be part of the tender package and construction contract as elaborated in Box 1.
(http://documents.worldbank.org/curated/en/482251502095751999/Working-together-to-prevent-sexual- exploitation-and-abuse-recommendations-for-World-Bank-investment-projects)
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Box 1. Contractors’ Responsibilities
The Environment and Social Management Plan (ESMP) and/or the Social Impact Mitigation Plan (SIMP) is developed during project preparation. Based on the findings of the screening report and SIA of the sub-project activities supported under the CRes MPA, the management plans contain general mitigation measures. These mitigation measures will be part of the tender package and construction contract.
Prior to starting construction, the Contractor will be required to prepare and submit its own ESMP/SIMP to the supervision engineer (who is the GoSL’s representative) for acceptance. The Contractor’s ESMP/SIMP will provide a detailed explanation of how the Contractor will comply with the Project’s safeguards documents, including the RAP, ESMP, and SIMP, and demonstrate that sufficient funds are budgeted for that purpose. The Contractor’s ESMP/SIMP will include management plans for: (i) work activities; (ii) traffic management; (iii) occupational health and safety; (iv) environmental management; (v) social management; (vi) labour influx and worker camp management plan; (vii) code of conduct for workers, including measures to address GBV; and (vii) chance-finds, where relevant.
The Project Coordination team will verify and ensure the consistency of the Contractor’s ESMP/SIMP, and the plan prepared under each sup-project under the MPA. If issues emerge during implementation for which the Contractor’s ESMP/SIMP does not contain appropriate mitigation measures, the Contractor will be required to update their ESMP/SIMP to include such mitigation measures and, if necessary, the civil works contract will be amended.
Civil works for the CRes MPA sub-projects will not commence until the Contractor prepares an appropriate ESMP/SIMP, which properly identifies and proposes risk mitigation measures, and it is approved by the Project Coordination team.
During implementation, the Contractor will implement civil works in accordance with its ESMP/SIMP, including all works conducted by sub-contractors under the Contractor’s control. The Contractor will also be required to train workers on the roles and responsibilities under these plans, policies, and standards.
The Contractor will submit regular reports to the Project Coordination team and/or other relevant Ministry/Agency and proactively address any issues that arise.
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7. Social Management Planning
This chapter provides strategies and principles for identifying project affected individuals, families, and communities; to assess potential social impacts of sub-projects; and suggests measures to avoid/minimize and manage any adverse impacts. The SMF is meant to enable the Project Coordination team to adequately incorporate social safeguard considerations in the planning, execution, and operation/management of different activities. The SMF will apply to the planning and implementation of all activities to be undertaken under the CRes MPA. The process for social and environmental impact screening and subsequent preparation of mitigation and management measures will follow the steps as outlined below. The World Bank will review the documentation prepared and may undertake site visits on a periodic basis to ensure that World Bank procedures were followed (see Figure 14).
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Figure 14: Safeguards management, review, and clearance process
Responsibilities of the Project Responsibilities of the World Bank Coordiantion Team
Identification of Activities under Project components
No
Screening cleared by World Screening Bank
Yes
No
Prepare and submit SSR, SIA Review and clearance by World reports, ESMP, S I MP, RAP/A- Bank RAP
Yes
Disclosure in- country Disclosure by the World Bank
Include SIAMP, S I MP , ESMP and other relevant safeguards plans/ instruments as part of bidding documents, as needed
Social Screening All physical interventions will be subject to a social and environmental review (a separate EAMF has been prepared to guide environmental management) and will be categorised based on the magnitude of potential impacts and risks in accordance with the social screening criteria. Screening of subprojects for assessing their potential impacts will be carried out by the Project Coordination team for each phase of the interventions under the CRes MPA using the Social Screening checklist given in Annex I. The process of the screening, and subsequently, the screening reports will be
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prepared on the basis of: (i) field visits, data collection, and stakeholder consultations; (ii) data analysis and interpretation; (iii) impact identification; and (iv) using the ‘Social Screening Format,’ including recommendations for the next steps.
The preliminary assessments conducted during project preparation indicate the need for preparing Resettlement Action Plans (RAPs) for both Phase I and Phase II of the project. For other project activities where the impacts are not significant, a Social Screening Report (SSR) or an Abbrevaited Resettlement Action Plan (ARAP) could be prepared. The preparation of these safegurds documents will be the responsibility of the Project Coordination team’s social specialist, other relevant officers of the social unit and the hired consultants. A sample template for the SSR is provided in Annex II.
Social Impact Assessment, inventory of losses, and valuation If the social screening indicates that the Project will potentially lead to ‘major impacts’ or ‘moderate impacts,’ the Project Coordination team will follow the procedures outlined in the accompanying RPF prepared under the Project, which includes carrying out a comprehensive SIA, a census survey, and an inventory of losses, and will require the preparation and implementation of a comprehensive RAP (see the accompanying RPF for guidance on the preparation of RAP). However, Abbreviated RAPs (A-RAPs) will be prepared for sub-projects affecting less than 200 persons. If a sub-project has no adverse impact, a SSR (see Annex II) will be prepared confirming the same and also stating reasons for the same. Table 16 below summarises the safeguards documentation requirements. The details of these impacts from land acquisition and the relevant SSR, abbreviated and full RAPs, will be shared with the World Bank for review and clearance prior to the acquisition of land and start of civil works. Annex III includes a sample ToR for carrying out Social Impact Assessment and preparing safeguards action plan.
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Table 16: Types of social safeguards documents required for the Project Nature of Social Impacts Type of Documents Required For sub-projects which will result in minor Social Screening Report or Due Diligence impacts affecting access to residences, Report explaining the procedures adopted to improvement of existing properties, etc. minimise negative impacts and measures taken to mitigate construction induced impacts For sub-projects which will result in Abbreviated Resettlement Plan is required. affecting less than 200 people, but not Outline of Abbreviated Resettlement Plan is physically displaced and/or less than 10% provided in the accompanying RPF. of their productive assets are lost. For sub-projects that may result in more Full RAP is required, including detailed social significant impacts, including displacement impact assessment, census survey, inventory of of more than 200 people, and more than losses. Outline of the RAP is included in the 10% of their productive assets are lost. accompanying RPF.
Preparation of Social Management Plans For all physical activities carried out under the Project, an Environment and Social Management Plan (ESMP) or a Social Impact Mitigation Plan (SIMP) that also includes monitoring indicators will be prepared. Such safeguards management plans will address the relevant findings and draw on the conclusions of the screening/assessments as they relate to non-land related impacts of the Project interventions. The SIMP will describe and prioritize the actions needed to implement mitigation measures, corrective actions, and monitoring measures necessary to manage the impacts and risks identified in the assessments. These actions will be costed and reflected as part of the contractual documents of the civil works contractors, wherever relevant. Further, for activities that involve landbased losses, a separate A-RAP or RAP will be prepared in accordance with the RPF developed under the Project (see Annex V for a sample of a SIMP). Where relevant, the SSRs, A-RAPs, RAPs, and SIMPs will also include specific measures relating to gender, community consultations, vulnerable groups, labour influx, and GBV, among others as described in the SMF.
Review and Clearance of Safeguards Documents The Project Coordination team will be responsible for preparing and implementing the social management plans, including ESMPs and SIMPs (in addition to the RAP and ARAPs, as discussed in the accompanying RPF). These management plans will be reviewed and approved by the head of the Social and Resettlement Unit (SRU) of the Project Coordination team (see below for details) and
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submitted to the World Bank for review. The World Bank Task Team will also review the documents, conduct a due diligence review as needed, and provide feedback (as necessary) to the Project Coordination team, leading to approval and clearance of the safeguard instruments. The approved management plans by both the GOSL and the Bank together with their translations in Sinhala and Tamil will be posted on the project’s website as well as the World Bank’s external website.
Implementation – Supervision, Monitoring, and Evaluation Timely and effective monitoring is fundamental to ensure compliance, timely decision-making, to facilitate adaptive management and effective implementation of mitigating measures, and to adequately inform project evaluation and closure. Implementation of sub-project safeguards instruments is the responsibility of the Project Coordination team, contractors, and other relevant government agencies, if necessary. Costs associated with the GoSL processes, and the cost of monitoring will be borne by the Project Coordination team, and the Project Coordination team will also be responsible for employing monitoring teams. Members of the monitoring teams will be trained in the application of the SMF and the RPF to undertake safeguards compliance monitoring. Project Coordination team compliance monitoring reports will be prepared on a monthly basis and reported to the World Bank on a semi-annual basis, or as and when required. A communications protocol will be established, whereby any incident that may occur between the reporting periods, is promptly reported to the World Bank.
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8. Consultations, Grievance Redress Mechanism, Information Disclosure Consultations Public consultation and community participation will be fundamental in ensuring the Project’s acceptability and establishing a constructive relationship between the community and the Project. It is essential to provide accurate information about the Project to stakeholders (including people affected by the Project) from the planning stage onwards, to prevent misunderstanding and misinformation, and to build trust between the different stakeholders and the Project team. A solid and comprehensive consultation program will help the Project team to engage in more effective and focused discussions with the stakeholders, to share ideas about planning and implementation, to benefit from local knowledge, and to take more informed decisions.
The original scope of CRes MPA required the preparation of a number of safeguards instruments for its Phase I Project, the primary focus of which was the construction of flood protection embankments in the lower Kelani basin and its associated pumping stations. The safeguards documents prepared for the original Phase I Project included: a Strategic Social Assessment (SSA), a Social Management Framework (SMF), a Resettlement Policy Framework (RPF) and a Resettlement Action Plan (RAP). The social team of the Project Coordination team of the CRes MPA was able to proactively engage with a variety of stakeholders in both information dissemination and consultation processes using diverse approaches and methodologies during the assessments that they conducted for the purpose of preparing the above-mentioned documents.
Specifically, Consultations were carried out in 21 Divisional Secretary Divisions (DSD), representatives from eight national agencies, and the affected community from September- December 2018 to disseminate information about the original scope of the CRes MPA, understand the socio-economic situation in the project areas, seek inputs for the safeguard’s management plans, and verify the roles and responsibilities of various stakeholders in the project. Summaries of the issues discussed during these consultations and meetings were included in the previous version of the SMF disclosed in January 2019 as per the original scope of the CRes MPA as well as the in current version. A summary of the outcomes of consultations and information dissemination processes is presented in the ensuing sections of this chapter.
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However, similar consultation processes could not be followed for the revised scope of CRes MPA because of the strict restrictions imposed by the GOSL to prevent the spread of COVID-19. These restrictions, among others included travel restrictions, lockdowns, and several health guidelines preventing any form of face-to-face meetings, public gatherings etc. The restrictions adversely affected the initial preparatory work of the project such as undertaking field visits to the project implementing areas, ascertaining the project boundaries, conducting initial screenings for project’s impacts, and identifying the relevant stakeholders including the project affected persons/households. Similar consultations with affected parties and other relevant stakeholders will be carried out throughout the project cycle following the World Bank guidelines for public consultations and stakeholder engagement in restricted situations 20 proposes alternative ways of managing the consultations and stakeholder engagement together with a time plan which is presented in Table 17 below. During project implementation, up-to-date information will be provided on the Project website, social media and local radio and television stations. A Public Information Booklet (PIB) will be delivered to each household in the immediately affected area which will include among others relevant information on the project and the rights of the affected people, including the compensation and rehabilitation measures, and provide information on who to contact in case of doubts or queries. The PIB will be translated into Sinhala and Tamil.
The draft version of the SMF was posted on the Ministry’s website from 1-10 July 2021, to solicit comments, and revisions, if relevant, will be done accordingly. The Project Coordination team will also advertise in the national newspapers soliciting feedback from the pubic.
8.1.1 Summary of consultations conducted for Phase 1 of original CRes MPA Consultations were conducted with relevant government authorities and community members in 21 Divisional Secretariat Divisions. These included: members of Pradheshiya Sabhas (local councils), members of municipal councils, Grama Niladharis, political party representatives, municipal engineers, representatives from other ongoing projects, experts (environmentalists, agronomists, engineers, agriculturalists), representatives from business houses, small-business owners, community development officers, laborers, farmers, community leaders, civil society groups (e.g., Senior citizen union, NGOs, media, disaster management committees, agriculture researchers), land
20 Technical Note: Public Consultations and Stakeholder Engagement in WB supported operations when there are constrains on conducting public meetings, March20, 2020 87
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use planning officers, government employees, etc. In addition, eight national agencies identified as key stakeholders were also engaged in this process. The consultations served the purpose of sharing information about the project and eliciting stakeholder feedback on the project and to explore the spaces for stakeholder engagement in the project cycle.
The key issues raised by participants and discussed at these previous community consultations are provided below in Table 17.
Table 17: Summary outcomes of stakeholder meetings Details of consultation Main issues raised Responses from the project 1 Ihala Bomiriya GND - What is the time period of the - Land and other assets (417), Dompe DS; 11 Project? acquired under the project September 2018; 13 - How is information obtained will be compensated at participants. where there are no inhabitants on replacement cost the land? - As per the government - Will there be an extra boundary regulations, if the plot of as a reservation zone? remaining land (following - Will compensation be given for acquisition) is not viable, the whole plot if the remaining the remaining piece will also unacquired land is no longer be acquired with the consent useable? of the owner. All affected - Was the 50 feet demarcation line households will have the the same for Kaduwela and option of: taking cash Colombo areas? compensation and - Will a road be constructed in selfrelocating, opting for addition to the embankment? land-to-land compensation, Details of the embankment – or relocating to housing width and materials used. provided by the project. - Are folios required to certify - If the land has no land ownership? inhabitants, the GN of the area will instead be notified. - Details of the embankment plan were given. Soil and concrete would be used as materials. A road is planned over the embankment at certain locations. - All documents relating to compensation and other matters should be sent to the DS once the gazette notification is published. - Document should be sent within 21 days of receiving the acquisition letter.
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Details of consultation Main issues raised Responses to issues
2 Malwana GND (413), - What are the start and end dates of - No compensation can be paid Dompe DS; 12 the Project? until final court decisions are October 2018; 15 - Will the boundary line change? made. In cases where participants. How will claims for undivided ownership of land cannot be land be certified? determined, the - What will happen to any access compensation amount will be roads in the Project area? deposited in escrow account - How does compensation work for following due diligence land that has pending court procedures mentioned in the proceedings? safeguards instruments. - What will happen to plants and - Trees in the embankment are trees in the boundary area? on conservation land. Trees - Can they be cut after within the boundary cannot compensation? be cut after compensation as - Pumping stations were necessary they will be the government along the embankment at property after compensation. Malwana. 3 Pahala Bomiriya GND - Will there be another boundary - Certification of land (272A), Dompe DS; 20 beyond the existing 50 feet ownership would be September 2018; 26 boundary? If so, how will necessary for compensation participants. accessibility to the area be claims. affected? - The 3.5 acres related to a - Will compensation be given for meander. To reduce the areas affected by current flooding risk caused by the reservation zone? meander, the extra area was - Why did the survey mark an area marked. In addition, this of land around 3.5 acres? was to control illegal - Would a road be constructed settlements in the area. along the embankment? - People will be allowed to - How long will the land walk along the embankment, acquisition process take? but no vehicles will be - After the construction is allowed. Once the road is completed, can other buildings be closed for the construction, built close to the embankment? If both lanes of the road will so, what is the minimum distance? be integrated. This will be - How will rainwater inside the land done in collaboration with be managed after the bunds a re the RDA and UDA. constructed? - The land acquisition process would take approx. 72 weeks. But could also take
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as long as five years. Land acquisition would begin in 2019. Clear documentation would be required for
compensation claims. - The distance to allow
buildings close to the embankment would be based on the height of the embankment. - Pumping stations would be constructed to manage rainwater.
Details of consultation - Main issues raised - Responses to issues 4 Pahala Hanwella - What will happen to the Catholic - These concerns will be GND (445), Hanwella cemetery? addressed during the design DS; 20 September - Will degraded land be refilled phase of the project 2018;28 participants. before constructing the - Labor will be required, and embankment? the contractor will be - Will the river look smaller after responsible for preparing a the embankment is constructed? specific plan to manage the - Will labour be required for the influx of workers pumping stations during - Issue of sand mining will be construction? addressed through the - Will the waterways be affected environment assessment during construction of the road? - If permission is given for sand mining, the river will be deeper and will reduce flooding. However, protecting the river is also important. 5 Samanabedda GND - How would the value of land be - The land value assessment (416), Dompe DS; 11 assessed? process was explained. September 2018 - What happens when household - The building issue had to be income and expenditure details further discussed, to prevent cannot be provided (as most harm to the building during people are engaged in casual construction. employment)? - Details about the - What happens to a building embankment were given. occupied by a business when part of the building is within the boundary? - Details about the embankment, such as proximity to the road
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6 Samanabedda North - How would compensation be paid - Details of the embankment (416A), Dompe DS; 11 for owners who are living trace was provided, and it September 2018; 20 overseas? Why was the 50 feet was explained that the participants. boundary extended to more than technical design of the 100 feet in some locations? project has been done to - Will the embankment be used as a minimize impacts of private road? land acquisition - Are people allowed to continue to - To the extent possible, efforts grow rubber and coconut on the will be made to minimize remaining land? impacts on infrastructure like - Will the road be damaged during roads, electricity poles, water land acquisition? lines, etc. - What will happen to the upstream - People will be paid area of Hanwella after compensation for any loss of construction? crops arising due to land acquisition; for the remaining parts, people will be allowed to carry on with their existing activities - The RPF and the RAP prepared under the project will include measures that will be taken to compensate for absentee owners
Details of consultation - Main issues raised - Responses to issues 7 Udamapitigama - What was the reason for wanting - During the detailed design South GND (414A), to acquire land beyond the 50 feet stage, efforts will be made to Dompe DS; 11 boundary? (This was strongly minimize private land October 2018; 32 opposed). acquisition and resettlement, participants. - Where there was a 200 feet and the most optimal design boundary marked, will all the in terms of flood risk plants and trees within that mitigation and land boundary also be acquired? acquisition will be selected - Is the embankment only for the - Any assets, crops, structures, main river or also for the smaller etc., that fall within the streams? boundary of the - Can compensation be obtained for embankments will be the whole house when parts of the acquired but compensation house are within the boundary will be paid at the and parts are not? replacement value - How is compensation addressed - For any land or structures when land transfer is via that is deemed as being hereditary ownership and without unviable following a legal deed? acquisition will also be acquired, and details on how
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- Would compensation be paid for this will be carried out will houses that are partly under be provided for in the construction? relevant safeguards - Will additional roads be instruments constructed after the embankment - The project will closely to facilitate modes of transport via coordinate with other the river (as transport facilities are government agencies, poor)? including the Road - Does the land value assessment Development Authority to take into account the future value minimize inconveniences to increases? the public - How are land and compensation - The entitlement matrix in the assessments made? RPF and the RAP will - How is compensation assessed for include details on the crops and plantations? compensation method for - Will road access be given through crops and other assets the land for soil transportation - In the absence of formal during the construction of the deeds, the land acquiring embankment? officer will take into account other circumstantial evidence in support of tenurial rights to land 8 Welgama GND (415) - Why is land beyond the 50 feet - The resettlement planning is and Lansiahena GND boundary being acquired in some being carried out on the (415A), Dompe DS; 12 areas? basis of a preliminary design October 2018; approx. - Is the boundary line final? Or can trace, and optimal design 22 participants. it change? will be selected after a - When land belongs to parents, is detailed study is carried out it necessary to transfer ownership - Compensation will be paid by deed? on the basis of land - How does compensation work for ownership/tenurial status persons who reside on different prior to the cutoff date land? which will be publicly - Can compensation assessments be announced. The project will appealed? have a robust Grievance - Will the aquarium owner receive Redress Mechanism for compensation? resolving any grievances and complaints - Any assets lost, including aquarium will be compensated at replacement cost.
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8.1.2 Process for Stakeholder Engagement and Consultations As mentioned above, in principle, consultations are aimed at obtaining stakeholder co-operation and community engagement throughout the Project cycle, providing both primary and secondary stakeholders with opportunities to meaningfully contribute to the development process. Under the CRes MPA, these processes would be undertaken during project identification, project planning, and implementation. A potential model for stakeholder consultation and participation for sub-projects under the CRes MPA is discussed below.
Project planning Information on each stage of the Project will be disclosed to the affected communities in order to inform them and ascertain their potential roles and responsibilities. At the planning stage, the participants would be engaged in an interactive process that allows the affected communities, Project design team and planners to identify the most appropriate alternatives and options for finalizing the detailed designs. The analysis of who will be affected by the Project, and consultation with the affected people will be mandatory for preparation of the RAPs. Additionally, the socio-economic surveys, census, and inventory of potential impacts are an integral prerequisite for preparation of the RAP.
Project implementation The Project Coordination team will interact closely with the affected communities during Project implementation. Much of the discussion will focus on the issues relating to relocation, loss of livelihood, vulnerabilities, assistance to minimize the impacts on livelihoods, and on the resources that may be affected during implementation of the Project. The Project Coordination team will also co-ordinate closely with the relevant line agencies responsible for land acquisition, recovery, and improvement of livelihoods and income generations. Table 18 indicates the key activities relating to consultations that will be undertaken during Project identification, planning, design, and implementation. The exact timing of these activities will be determined by factors that include progress of the general and detailed designs for each intervention, the prioritization of the project activities, and the staffing and resources available to the Project Coordination team.
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Table 18: Consultation activities for various stages in project cycle Project Stage Consultation Activities Project Identify the project stakeholders (primary and secondary) Engage identification stakeholders in the consultation process Organize information material and plans/means of dissemination Organize and document public meetings, and Identify the need for preparation of Resettlement Plans Project planning Convene and record meetings with potential displaced persons and Design and or potential host population Consult with affected people about relocation alternatives and income restoration options Involve APs in assessing project impacts Institutionalize a participatory framework for compensation, income restoration and resettlement Obtain inputs from potential displaced persons, hosts, CBOs on selection and development of resettlement sites Establish Grievance Redress Committee (GRC) procedures, with representatives of the people affected Involve potentially displaced persons in the review of the Resettlement Plan Implementation Organize participation of the potential displaced persons in implementation of the Resettlement Plan Involve CBOs and other suitable institutions in resettlement efforts Obtain support from CBOs and the private sector in livelihood and income restoration efforts Involve affected people in decision-making committees; Ensure that GRC procedure is functional; and Involve affected people in monitoring and evaluation.
The Project Coordination team will keep records of public consultations, noting dates, locations, participants, salient issues raised, and responses to such issues. The procedures for consultation and communication, as well as the dissemination of information, will be formalized by the Project Coordination team as proposed in the following Table 19.
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Table 19: Proposed plan for consultations and information dissemination Purpose Target audience Method Time frame Remarks
Public Consultations
To introduce and Ministry of Irrigation; Virtual July 2021 – receive feedback Department of meetings & Oct. 2021 on the revised Irrigation; National small group scope of the Water Supply & meetings, project & Drainage Board; Whatsapp safeguards Ministry of Land, Groups instruments, Urban Development including Authority, Road grievance redress Development mechanism Authority, Provincial Road Development Authority, Ceylon Electricity Board, Urban Development Authority, National Political Authority level etc.
Divisional Secretaries, Virtual Oct. 2021- Divisional Grama Niladharis, meetings Dec.2021 Secretaries of Samurdhi Niladharies, Yatiyanthota, provincial council and & Small group Deraniyagala and Pradeshiya Sabha meetings, Colombo to members, community Whatsapp decide the dates, leaders in project Groups venue and the implementation areas number of meetings and participants per meeting
To introduce and Community members Virtual Dec. 2022- receive feedback in the project meetings, small Mar. 2022 on the implementing area and group meetings construction of their civil organizations following the Ambatale COVID salinity barrier, guidelines and inform its Whatsapp potential impacts Groups and grievance redress mechanism
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Purpose Target audience Method Time frame Remarks
Conduct social Grama niladharis, Small group Ambatale impact community members to meetings salinity assessments for be potentially affected, following barrier: Jan Ambatale community leaders and COVID health 2022 -April Salinity barrier civil organizations guidelines, 2022 and Wee Oya & online surveys, Upper telephonic Daraniyagala interviews, reservoirs virtual meetings Wee Oya: (social screening, and online June 2022 – census, surveys platforms for March 2023 & consultations) questions and
answers Upper Daraniyagal a: Oct 2022-
To receive Affected party and Online Dec 2021- feedback from community in the channels, June 2022 relevant project area, DSs/ GNs/ including and during stakeholders, Project Coordination- phones, webex, construction including Safeguard team/ APs/ zoom, Small period affected parties, Contractor/GRM group (March on progress made committee discussions 2022- Dec. and any (With all the 2024) implementation safety measures issues are in placed ensure participants safety)
Information Sharing
To introduce All relevant Ppt. Jan 2023 – For Wee Oya project scope and stakeholders presentations, Sep. 2023 June 2023- Dec its impacts public 2023 information and booklet in all Sinhala, Tamil and English languages, For Upper newspapers, Deraniyagala to and electronic be decided based media (TV, on radio) including social media,
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Purpose Target audience Method Time frame Remarks
documentary Feasibility films studies and detailed designs for Upper Deraniyagala
To introduce All relevant A booklet in all Oct. 2021- For Wee Oya grievance redress stakeholders including Sinhala, Tamil Dec 2021 and Upper mechanism and project affected parties and English for Salinity Deraniyagala to raise awareness languages, Barrier be decided on the same with newspaper stakeholders advertisements, and social media
Information Disclosure Information about each phase of the Project will be provided to the public through flyers and public notices put up at strategic locations, such as Divisional Secretariat offices, Grama Niladhari offices, and at the site offices established in the field before the land acquisition and resettlement activities have started. The Project will also provide up-to-date information on the Project website, through social media and through on local radio and TV stations.
A Public Information Booklet (PIB) will be delivered to each household in the immediately affected area. It should include relevant information on the Project and should explain the rights of the affected people, including the compensation and rehabilitation measures, and provide information on whom to contact in case of doubts or queries. It will be translated into Sinhala and Tamil. The PIB will include the following information: • Brief description of the Project. • Potential impacts that can be expected during the Project. • Compensation policy and entitlements. • An outline of the livelihood restoration measures. • Consultation and participation with affected persons and others, including people living in the “host communities”. • Implementation schedule with the names and designations of key officers in charge.
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• Location of the site offices and names, telephone numbers, and emails of the persons to be contacted for further information.
This SMF prepared for the revised scope of the CRes MPA will be disclosed in both the project’s official website as well as on World Bank’s external websiteas soon as it is approved by the WB. Similarly, sub-project specific instruments and plans such as SMPs, RAPs/A-RAPs, SSRs, or other social impact mitigation plans will also be posted on the above-mentioned websites after review and clearance by the World Bank and prior to the commencement of the project implementation. At the sub-project level, the Project Coordination team will work with the local authorities to ensure that adequate information is available to the public. All the social and environmental safeguards documentation will be made accessible to the public in local languages through the websites and the offices of the Project Coordination team, the relevant local authorities, as well as the World Bank’s external website.
As part of the overall results monitoring framework, the Project will also track the number of communication and citizen engagement programs implemented, the number of participants involved in consultation activities during Project implementation, and the resolution of grievances/complaints filed. Those will also include gender disaggregated data.
Grievance Redress Mechanism Large-scale development projects can affect people in many ways. The problems arising from land acquisition may include social, environmental issues, and claims relating to entitlement to resettlement benefits. There may also be concerns related to the construction activities, such as site clearing, excavation, compaction, and blasting. These issues can to some extent be resolved by good planning and good project implementation, and above all by ensuring full and honest participation and consultation with the people that will be affected by the project, supported through regular interaction between the community and project staff, transparency, and monitoring. However, it is almost inevitable that there will be some complaints and grievances that cannot be addressed at this level and it is strongly recommended that a formal Grievance Redress Mechanism (GRM) be set up to resolve these concerns rather than leaving them to the often time-consuming and expensive procedures of the formal legal system.
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8.3.1 Principles of the GRM The GRM will be implemented based on the following principles: • Simplicity: procedures in filing complaints is easy to understand and recall. • Accessibility: filing complaints is easy through means that are commonly used by stakeholders, especially by the APs. • Transparency: information about the system is made widely available to all stakeholders and the general public. • Timeliness: grievances are attended to and resolved in a timely manner. • Fairness: feedback or complaints are validated thoroughly, and subjects of complaints are given due process and opportunities for appeal. • Confidentiality: the identity of complainants remains confidential.
The objective of the GRM is to help genuine claimants resolve their problems through a process of mutual understanding and consensus with the relevant parties at the level of the project. This is in addition to the formal legal channels for resolving unsatisfied appeals from the public. Since no major resettlement impacts are anticipated during Phase 1 under the revised scope of CRes MPA, except for some construction related impacts possibly arising from the construction of the Ambatale salinity barrier, a multi-tier GRM for grievance resolution will not be required. However, the project would establish a multi-tier GRM in the subsequent phases of the project as resettlement impacts of complex nature arising from extensive land acquisitions, displacements and resettlemnets are anticipated during Phase II and III. The establishment of this GRM will follow the requirements of the ESF.
For Phase I, there will be a two tier grievance handling mechanism for receiving and resolving complaints through a process of mutual understanding and consensus with the relevant parties. The first tier of the GRM would function at the Divisional Secretariat level in the project impacted areas and chaired by the respective Divisional Secretaries (DS). The second tier of the GRM will be at the National/Ministry level which will be chaired by the Secretary to the Ministry of Irrigation. The composition of this two tier GRM is described in the following section.
The scope of the GRM among others would include addressing the issues relating to the following areas: • Project implementation areas • Disruptions to existing resources and utility services
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• Project related surveys and studies • Land acquistions, entitlement or eligibility for compensation and other benefits • Construction related impacts (dust, noise, and vibration, access disruptions, property damages, obstructions to community activities etc.) The project affected parties can report their grievances/complaints via multiple channels such as electronic messages, telephone hotlines, SMS, personal delivery/walk-in, and via grama niladharis of their respective area. The DS will assign an officer in the Secretariat to receive and record the grievances in a logbook. The Secretariat will also provide a printed format to the complainants to record their grievances in writing (Annex VI). The meetings of the GRM to inquire the grievances will be held at the respective Divisional Secretariats, and the grievances/complaints would be resolved within 15 days of receiving them by the DS.
8.3.2 Composition of Grievance Redress Committee (GRC) at Divisional Secretariat Level The DS level GRC will consist of following members: Divisional Secretary of the relevant DSD area Chairman Project Engineer (Project Coordination) representing the Project Director Member Social Safeguard Specialist of Project Coordination team Secretary Environmental Specialist of Project Coordination team Member Representatives from other relevant agencies (According to the requirement) by invitation Representative from Irrigation Department Member Representative from Local council/ Pradeshiya Saba Member Representative from construction firm (site engineer) Member Grama Niladhari (Relevant GNDs) Member A Community Leader Member
8.3.3 Composition of Grievance Redress Committee (GRC) - National level The GRC at the national level would be in the Ministry of Irrigation and will be chaired by the Secretary of the Ministry of Irrigation. The Project Director will serve as the secretary to the committee. In addition to guiding and supervising the grievance system, this Committee will review appeals from people who are not satisfied with the decisions of the divisional level GRC. The Committee would comprise the following members:
Secretary - Ministry of Irrigation Chairman Project Director Secretary Director General of Irrigation or his Representative Member
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District Secretary or his representative (In relevant district/s) Member Divisional Secretary of Divisional Secretariat Division where complaints Member are made Relevant officials of the institutions associated to the nature of grievance* Member Social Safeguard Specialist Member Environmental Specialist Member Chairman of Local council/ Pradeshiya Saba Member Representatives of the contractor Member *NWSDB, CEB, UDA, RDA/ PRDA etc
The meetings of the national level GRC will be held at the Ministry of Irrigation. Grievances/complaints appealed to this GRC will be resolved within 15 days of receiving them by the Secretary to the Ministry.
Apart from the above two grievance redress committees, the The Project Oversight Committee comprising representatives of multi stakeholder agenciesis to investigate the any other issues that cannot be settled by these committees.
8.3.4 Awareness-Raising, Monitoring, and Evaluation of the GRM For the GRM to be effective, it will be necessary to explain and publicize the procedures. Trainings and awareness-raising activities will be carried out for the general public, public officers, social organizations, contractors, and Divisional Secretaries in the respective areas so that they are aware of the procedures for GRM. Such training/awareness programs would cover the following areas, among others: • The scope of the project and planned construction phases. • The purpose and procedures of GRM. • Types of grievances that can and cannot be considered under the GRM. • Eligibility to access the GRM. • Reporting procedures for the GRM and contacts: e.g., phone, postal, email addresses, and websites of the GRM, as well as details of the information that should be included in a complaint. • Procedures and time frames for initiating and concluding the grievance redress process, boundaries, and limits of the GRM in handling grievances and roles of different agencies, such as the Project implementer and funding agency.
A variety of methods will be adopted for communicating information to the relevant stakeholders. These methods would include the display of posters in public places, such as in government offices,
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Project offices, community centers, hospitals, and health clinics of the area. Further, information about the GRM would also be presented in a simple brochure, which will constitute the basic reference document for the GRM, and disseminated in Sinhala, Tamil, and English. The brochure will focus on clarifying the aims and procedures of the GRM, with a view to preventing misunderstandings or ambiguities. However, the document will have to be backed up with a series of other interventions, including explanation of the process in public meetings, easily accessible on- line information, and the use of social media.
The GRM will be included as part of the Project’s monitoring system. All complaints will be registered and tracked through the MIS system. The system will provide quarterly and annual summaries of the GRM covering the following issues: • How many complaints have been raised? • What types of complaints have been raised? • What is the status of the complaints (rejected or not eligible, under assessment, action agreed upon, and action being implemented or resolved)? • How long did it take to resolve the problems? • How many people have used the grievance redress procedure (disagrregated by gender)? • What were the outcomes?
The monitoring system will also assess the overall effectiveness and the impact of the GRM. Such evaluations will be carried out annually, and the results will be used to improve the performance of the GRM and provide valuable feedback to Project management. The following questions can be addressed in such evaluations: • Is the GRM effective in realizing the stated goals, objectives, and principles? • Is the GRM capable of responding to the range of grievances specified in their scope? • Is the GRM equipped with an adequate and diverse set of resolution approaches? • Has the GRM adopted measures to improve the resolution approaches, e.g., capacity building, consultation, with technical experts. • Was the GRM effectively integrated into overall Project management?
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9. Institutional Arrangements, Monitoring, Budget Institutional Arrangement 9.1.1 Organizational Structure
At the commencement of the Phase I Project, the Poject Coordination Team under the Ministry of Irrigation will include a full time and dedicated senior and experienced social development specialist. However, the project activities expand with the commencement of the construction activities of the Ambatale salinity barrier and social assessments. Accordingly, while carrying out consultations and preparation of RAP for the flood risk mitigation interventions of the lower Kelani basin, mainly flood embankments and pumping houses, the project coordination team will be reinforced with additional safeguard officers and support staff and will engage individual consultants and local consultant firms to handle the increased work related to social safeguards management.
With the commencement of Phase II and III, a Social and Resettlement Unit (SRU) will be established under the Project Coordination team. The SRU will be responsible for social safeguards management under the Cres MPA, including land acquisition and resettlement activities. The SRU will be adequately staffed with experienced, as well as new staff, who will be responsible for co- ordination with the relevant government ministries and departments engaged in the land acquisition process and the affected parties, and managing the day-to-day activities related to land acquisition and resettlement.
9.1.2 National Project Steering Committee CRes MPA will establish a National Project Steering Committee (NPSC) comprising representatives from the following agencies. • The Secretary to the Ministry of Irrigation • The Chief Secretaries of the Western and sabaragamuwa Provincial Councils • The Additional Secretary (Local Government and Provincial Council), Ministry of Local Government & Provincial Council • The Director General, Department of External Resources • The Director General of the Roads Development Authority • The Director General of the Urban Development Authority • The Director Generalof the Coast Conservation and Coastal Resource Management Department • The General Manager, National Water Supply & Drainage Board
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• The Director General, Central Environment Authority • The Municipal Commissioners of relevant Municipal Councils in project implementing areas • The Project Director of Project Coordination. The NPSC will be convened bi-annually to (i) monitor the overall implementation of ongoing subprojects, based on progress reports; (ii) resolve problems arising from project implementation; and (iii) co-ordinate with other national government agencies connected to Project implementation.
9.1.3 Implementation schedule for resettlement The Project Coordination team set up for the CRes MPA will be responsible for the overall social safeguard’s management under the Project, including land acquisition, resettlement activities, and other social impact mitigation strategies at each phase of the Project. As described in the accompanying RPF, the key activities related to the land acquisition, resettlement, and compensation must be scheduled in the correct sequence to ensure that the resettlement and payment of compensation can be completed before any of the civil works for the Project are initiated.
Table 20 presents a schedule for the key activities relating to land acquisition, resettlement, payment of compensation, other social impact mitigation strategies, and monitoring related to the Wee Oya and Upper Deraniyagala reservoirs which are scheduled for implementation in Phase II & III.
Table 20: Key tasks and responsibilities in LA and resettlement
Task Responsibility Estimated time Recruitment of Sub-project implementing agencies 1 month resettlement staff and and Project Coordination team initial training Conduct of Census & SES Project Coordination team and 3 months and input of data and consultants analysis Preparation of RAPs and National and international 1-2 months submission to ministry of consultants Land for approval with social specialists’ assistance from Project Coordination team Land Acquisition – Divisional Secretaries, Land Minimum of 72 weeks Process Ministry, Valuation Department, Government printer, Survey Department; with
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assistance from local consultants and Project Coordination team
Payment of Compensation Divisional Secretaries with 6 months assistance from Project Coordination team Relocate houses, shops, Project Coordination team 6 months businesses Developing resettlement Project Coordination team as 6 months sites necessary with assistance from DS Obtain vacant possession Project Coordination team with 6 months of the lands that have been assistance from DS and Ministry of acquired Lands Issue notice for Project Coordination team After completion of land commencement of civil acquisition procedures works Income Restoration Sub-contractors/consultants and Minimum of 12 months social team in Project Coordination team Management Information MIS unit in the Project Until completion of all land System Coordination team, with consultant acquisition and support as needed resettlement programs Grievance Redress Project Coordination team, From start of land Divisional Secretary, Ministry of acquisition and Irrigation resettlement until and other state Institutions completion of all resettlement programs Internal Monitoring MIS and social team in the Project From LA stage to Coordination team completion of all land acquisition and resettlement programs External Monitoring Independent consultants contracted From land acquisition until by Project Coordination team and 1-2 years after completion funding agencies of construction of all land acquisition and resettlement activities
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9.1.4 Local offices at site level It will be important to set up field offices at the start of the Project in Phase II & III, to facilitate the resettlement activities and to provide easy access for people who have concerns or grievances, or that want to discuss specific aspects of the land acquisition and resettlement program. The field offices will be staffed by land acquisition assistants, resettlement assistants, and community development assistants from the social/resettlement unit of the Project Coordination team. The field offices will be open on specific days of the week and will be equipped with adequate facilities including transportation, communication, and IT. The staff of the field offices will also hold “office days” at other sites in the sub-project areas.
Capacity enhancement mechanisms The social safeguards staff of the Project Coordination team will require some additional training and capacity enhancement. The Project will incorporate a series of awareness and training workshops and programs, as well as visits to and workshops with resettlement and social safeguards specialists working in other projects that require land acquisition and resettlement. The following themes will be considered for training and capacity enhancement activities: • Focus workshops to gain experience from other projects. • Attending to workshops and awareness training programs organized by international funding agencies. • Training on social safeguards including post resettlement programs and income restoration.
Monitoring System 9.2.1 Monitoring System A monitoring system will be established to track the progress on social management, including land acquisition and resettlement programs. The system will have information, including on individual land plots acquired for the Project, households to be or already resettled, and businesses that will be or have been affected. The system will be designed in such a way that it would be capable of generating real-time consolidated reports on the land acquisition, resettlement programs, and other type of social impact mitigation activities. The information on the individuals, households, and plots that are affected will be accessible to Project staff and relevant government agencies but will be confidential and will NOT be accessible to the public. However, the consolidated reports on the progress of the land acquisition and resettlement programs could be made available on the Project website.
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9.2.2 Internal Monitoring Internal monitoring will be a responsibility of the Project Coordination team. A MIS will be established within the Project Coordination team to facilitate record keeping, analyzing, and generating required information. In Phase 1, the focus of the monitoring will be on the preparation of detailed designs, consultations organized, preparation of community disaster management plans, preparation and administration of surveys and feasibility studies and the number of grievances addressed. In Phase II and III, the project activities will include land acquisitions, and resettlements. Therefore, the MIS will make provisions for tracking the execution of the land acquisition and resettlement activities in accordance with the priorities set out in the RPF and the relevant RAPs. It will track the progress of preparation and implementation of the RAPs, especially land acquisition and payment of compensation, and the resettlement programs, including self-relocation and relocation in resettlement sites and housing units. It will cover all the steps in the process of land acquisition, in accordance with the relevant sections of the LAA. Regarding the resettlement program, it will follow the status of the individuals and households due to be resettled, starting from the determination of eligibility for benefits, through to disbursement of entitlements, and day-to-day relocation support.
The internal monitoring will be used to generate reports on the following: • Maintenance of files of each landowner, AP, or business file. • Consolidated progress reports on the efficiency and effectiveness of the day-to-day planning and implementation of the land acquisition and resettlement programs. • Efficient and transparency in disbursement of compensation and resettlement benefits. • Identification of bottlenecks and troubleshooting. • Consultations carried out with different stakeholders • Awareness on early warning systems and preparation of community disaster management plans • Registration and resolution of the grievances presented to the GRM.
In addition, a more detailed stratified sample survey will be carried out to determine whether the socio-economic conditions, incomes, and living standards of the APs have been restored or improved.
9.2.3 External monitoring and evaluation The Project Coordination team will engage an external monitoring agency/consultant to conduct an independent evaluation of the safeguard implementation program. The objective of the external
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monitoring and evaluation would be to determine whether the broader goals are being achieved in each sub-project, and if not, what corrective actions are needed. The objectives of the external evaluation will include the following: • To verify that the safeguard program is being implemented in accordance with the plans and procedures set out in the RPF and RAPs. • To verify that the affected households and communities are able to manage the negative impacts of the Project and have either improved or at least restored their livelihoods and living standards, including the re-establishment of incomes. • To ensure that the most vulnerable households, groups, and persons have been included in the benefits of the Project. • To obtain the views of the affected households on their compensation, relocation, and entitlements. • To review the performance of the implementing agencies, including the Project Coordination team, registered civil societies, CBOs, and other government agencies involved in the implementation of the Project. • To review the performance of the GRM.
The external evaluation agency/consultant will carry out a baseline survey prior to implementation and carry out periodic updates as agreed. The findings of external monitoring will be submitted to the Project Coordination team and relevant funding agencies. Given the timing of the Project, it is envisaged that a separate evaluation will be carried out for each of the resettlement action plan. Annex IV includes a sample ToR for external monitoring.
9.2.4 Monitoring and reporting formats The reports on the progress of the land acquisition and resettlement programs will be presented in a standardized format to be developed by the Project Coordination team to facilitate tracking of progress overtime. The format for the reports will be precise (applying clear definitions), timely, and allow management to quickly recognize and highlight any exceptions or departures from the Project’s plans and schedules. The key outputs of the monitoring program will comprise: • Updated information on the individuals and households affected by the Project, and on the land and other properties subject to land acquisition.
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• Periodic reports (monthly and quarterly internal reports for the Project Coordination team, annual and perhaps six-monthly progress reports for the National Steering Committee and the World Bank) • Ad hoc reports on particular issues, generated at the request of management. • Internal summaries for formal and informal management review.
9.2.5 Monitoring indicators The key activities that will be monitored include among others, • Program to determine entitlements, valuations, and payment of compensation. • Program for relocation and resettlement. • Program for restoration of incomes and livelihoods. • Program for the restoration of cultural heritage sites, public utilities, and community property resources. • Program for supporting the vulnerable households, groups, and persons. • Program for the management of grievances. • Program for stakeholder engagement, participation, and consolations. • Program for capacity building and training. • Program for disclosure and reporting.
These monitoring indicators will form the context for the periodic monitoring reports. It will follow a framework of process, output, and outcome indicators as described in Table 21 below. The progress of the Project may be tracked through monthly and quarterly summary reviews, as well as bi-annual or annual progress reports.
Table 21: Monitoring Indicators for sub-project Interventions Type of Indicator Suggested Variable Indicators a. Involuntary resettlement, Households affected and needed to be resettled. i.e. progress of payment Resettlement sites developed and land plots allocated for of compensation and displaced households. entitlements as per the Houses built and allocated to displaced households. EM Households occupying newly allocated houses. Number of households who received titles to their houses; Housing and related infrastructure completed; Relocation of people completed. b. Entitlements and Number of APs who received compensations by type of loss. Process payment of Number of APs who received rehabilitation assistance. compensation
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c. Restoration of cultural Number of cultural and community resources that requires and community property relocation / restoration. resources Number of such community resources relocated/restored. d. Vulnerable households, Number of vulnerable APs requiring assistance. groups, and persons Number of Vulnerable Group APs who received assistance. Number of such APs productively utilizing assistance provided. e. Restoration of income Number requiring income opportunities; type of income opportunities provided. Number of APs who received IR training. Number of APs using IR training for income generation. f. Stakeholder/community Stakeholder organizations, services provided, staff deployed by engagement gender. Participation in stakeholder meetings and consultations. Field visits by stakeholder organizations. Awareness and trainings to community members and other relevant stakeholders on early warning systems Preparation of community disaster risk management plans g. Capacity building and Training programs conducted for the stakeholders and number of training participants. Training programs conducted for staff and other officers and number of participants. Systems and procedures designed and introduced. h. Grievance Redress Number of meetings held by the GRC (by level), including the attendance of GRC members Number of grievances received and resolved at DSD level by type, nature of response, redresses provided, and timeliness of response. Number of grievances escalated to national level by type, nature of response, redresses provided, and timeliness of response.
i. Participation and Number of participations & consultations by purpose, venue, consultations attendance. Number and type of handbooks and informative bulletins distributed.
Indicator Suggested Variable j. Disclosure and reporting Number of households affected. Number of houses built and allocated to households. Number of households who occupied newly allocated houses. Number of households who received titles for the houses; Housing and related infrastructure completed. Completion of the relocation process. Impact a. Re-establishment of Number of persons/ households economically active following income relocation or re-adjustment.
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Evaluation b. Vulnerable households, Changes in status of vulnerable persons by type of service groups, and persons provided e.g., training, micro-finance, schooling, jobs etc. Number of households who lost access to informal credit and number regained; and Number of households who lost access to interest free informal credit and those who regained access and operate in institutional credit systems.
Budget The activities earmarked for Phase I Project of CRes MPA will primarily focus on stakeholder idnetifiction, stakeholder consultations, preparation of communication material and project related information sharing, establishing a grievance redress mechanism and awarenss raising among stakeholders, conducting social impact assessmnets including surveys and censuses, preparation of safeguards documents for respective project phases, setting up a MIS database and monitoring. A tentative budet for realizing the above activities is presented in Table 22. The budget also makes provisons for recruiting social safeguards staff, establishing field offices and for required equipment and operational costs. The total budget is SLR 142 million (US$ 0.713 million).
Table 22: Budget for CRes MPA Phase I
Activity Rs./ USD/ Mn Mn. Salinity Barrier, Wee Oya and Upper Deraniyagala 1 Public consultation for all 3 interventions. National Level 2 workshops, / District Level 3 workshops Meetings, covering 4 DSDs and 14 GNDs, community group discussions for information dissemination 8.0 0.040 2 Communication material for all 3 interventions. Design and printing (3 Leaflet, 3 booklets, billboards, a radio program and one or two TV programs, paper articles, Website development, 2 documentary films for Wee Oya and Deraniyagala limited to 15 minutes 40.0 0.200 3 Hiring a communication specialist for 6 months 1.5 0.008 4 Grievance’s handling (Payments for GRC members, facilitation,
printing documents etc. (For Salinity Barrier only) 4.0 0.020 5 Preparation of RAPs 60.0
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Award 2 consultancies to prepare RAPs for Wee Oya and Upper Deraniyagala (Including h socio economic and resettlement surveys, public 0.300 consultations, GIS mapping etc. 6 MIS Database development 6.0 0.030 7 Monitoring, supervising and evaluation 5.0 0.025 8 Establish 2 field office (Wee Oya and Upper Deraniyagala) for a 2-year
period 3.0 0.015 9 Administrative cost -Social safeguard staff requirement for 3 Phases.
Mobilization officers (2) Social safeguard officers (2) for 2 years
Equipment 15.0 0.075
TOTAL 142.5 0.713
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Annex I: Sample of Social Screening Checklist
1. Name of Sub-Project:
2. Location:
3. Nature of Project:
4. Size/Scale:
5. Project Implementing Agency:
6. Description of Project Surroundings:
Are there existing settlements in the project area? If yes, how many households/families? ______
What is the demographics of the population (e.g., ethnicity, religion) ______
What is the ownership pattern of people in the area (e.g., squatters, titleholders, tenants)? ______
What are main sources of livelihoods? ______
Are there any existing local organisations? ______
Are there existing social infrastructures in the area (e.g., schools, health centres, hospitals, places of worships, roads, etc) ______
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______
Are there any ongoing development projects in the area that involves civil works? ______
Does the area have frequent visitors from outside? ______
7. Potential Impacts from the Sub-Project: Potential Impacts Yes No Not Details Known Land-Related Impacts
1 Will the sub project include any physical construction work? 2 Does the sub project include upgrading or rehabilitation of existing physical facilities? 3 Is the sub project likely to cause partially or fully damage to, or loss of housing, shops, or other resource use? 4 Is the site chosen for this work free from encumbrances and is in possession of the implementing agency? 5 If any land required for the work is privately owned, will this be purchased or obtained through voluntary donation? 6 If the Land parcel has to be acquired, is the actual plot size and ownership status known? 7 Is land for material mobilisation or transport for the civil work available within the identified work site / Right of way? Livelihoods Related Impacts
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8 Are there waste workers currently operating in the site? If yes, how many, what are their backgrounds, are they registered? 9 Were there such workers who operated in the site earlier? If yes, how many, and is there any information on their current whereabouts? 10 Are there any non-titled people (Squatters) who are living/ or doing business who may be partially or fully affected because of the civil works? 11 Will there be damage to agricultural lands, standing crops, trees, etc.? 12 Will there be any permanent or temporary loss of income and livelihoods as a result of the civil works? If so for what period? 13 Have these people/ businesses who may suffer temporary loss of incomes or livelihoods been surveyed and identified for payment of any financial assistance? 14 Will people permanently or temporarily lose access to facilities, services, or natural resources? Potential Impacts Yes No Not Details Known 15 Are there any vulnerable households affected?
15 Will the affected land/structure owners likely to lose less than 10% of their land/structures area? 16 If so, are these land/structure owners willing to voluntarily donate the required land for this sub- project? 17 Will there be any impacts on cultural, community properties or facilities? 18 Will there be any other temporary impacts? please describe
19 Have measures been planned to mitigate temporary impacts including ease of access? Give details
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20 Does the urban local body have its own procedures for land acquisition? Impacts from Labour Influx
21 How many workers will be needed for the sub-project, with what skill set, and for what period? 22 Can the project hire workers from the local workforce?
23 Will there be workers brought in from outside?
24 Will a camp be required to house these incoming workers?
25 Will the incoming workers be from a similar socio- economic, cultural, religious or demographic background? 26 Given the characteristics of the local community, are there any adverse impacts that may be anticipated?
Estimates of Specific Impacts
Private land required (sq. m)
Total of households affected
No. of individuals losing more than 10% of land area Government land required
No. of houses affected
No. of shops affected
No. of utilities affected
No. of workers to be brought from outside
Decision on Categorization:
After reviewing the answers above, it is determined that the sub-project will have: [ ] High/substantial impacts
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[ ] Moderate impacts
[ ] Low/No impact
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Annex II: Social Screening Report Sample
Proposed Activity Implementing Agency: Sub Project Subproject description: [Describe the type of subproject, its specific objectives, Description identified location of the subproject (District, DS division, GND, village), extent of the land required for the subproject construction, how would this land be obtained for the subproject (e.g. acquisition, purchase, donation etc.), technical design of the subproject, timeframe for subproject completion, how the subproject would be implemented (executing agency and the implementing agency) etc. Append maps of the subproject location and the technical design].
Justification of Subproject Design and Alternative Analysis: [Explain why this subproject has been undertaken and what are the water related problems and issues that would be addressed by the subproject. Also, explain, If any alternative locations and/or technical designs were considered to minimise adverse social and environmental impacts of subproject].
Corridor of Impact: [Provide an inventory of the subproject impact area. This inventory should explain the impact area identified for the sub-projects; residential, commercial, industrial structures situated within the impact area (if any), type of cultivations, crops, trees grown in the area of impact (if any); access roads that cut- across the area of impact (if any); ownership type of the land identified for subproject construction and the impact area; natural resources within impact area (if any); and presence of indigenous populations (if any)]
Community Profile: [Describe the socioeconomic profile of the project impact area and provide details of its demography, livelihood patterns and sources, income and expenditure patterns of the households, household poverty levels, community access to services (water, electricity, education, health etc.), gender related issues etc.]
Social Impacts: [Describe the positive and negative impacts of the subproject. Would the subproject result in land acquisitions; would the subproject result in any
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physical and economic displacements of populations either permanently or temporarily; would the subproject lead to restrictions of people’s access to common property resources, would the subproject cause relocation (temporarily or permanently) and resettlement of people, type of subproject construction related impacts e.g., dust, noise, traffic congestion etc. Provide numbers of the affected populations and the type of population e.g., landowners, tenants, sharecroppers, encroachers, squatters etc.]
Mitigation measures: [Describe what the measures suggested and the actions proposed to mitigate/ avoid/minimise the adverse impacts on affected households and communities].
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Annex III: Terms of Reference for a carrying out SIA and preparing Social Safeguard Action Plans
1. Description of Project Background
2. Project Location and Activities
3. Objective of the assignment The areas of intervention towards achieving the project development objectives of the MPA have been identified, and the basic framework, the Resettlement Policy Framework, comprising principles, procedures, principles, and guidelines to identify and assess the potential social impacts and risks, prepare mitigation plans as part of sub-project preparation, institutional arrangements and processes to be followed for the MPA, have been prepared. In this context, the Government of Sri Lanka intends to hire well qualified professional consultants to carry out social safeguards measures including: (a) social assessment for the Project; (b) Social Screening/Social Impact Assessment (SIA), (c) Preparation of Social Impact Mitigation Plan (SIMP) for addressing non-land related social issues and adverse impacts, and (d) If needed as per the RPF prepared under the Project, a Resettlement Action Plan or the Abbreviated Resettlement Action Plan (RAP/A-RAP).
The Social Assessment will help to understand key social issues, identify risks and impacts on populations, institutional and legal settings in which social safeguard measures will be planned and implemented. Based on the Social Assessment and technical design of the sub-project intervention, a Social Screening Report (SSR) will be prepared. The SSR will help determine the need for a detailed Social Impact Assessment (SIA) and other due diligence studies like the tracer survey, social audit, asset valuation as provided for in the SMF and the RPF prepared under the Project, and prepare SIMP and RAP/A-RAP, if deemed necessary. The study will be within the context of the GoSL’s previous experience in land acquisition and involuntary resettlement management, various policies, and institutions in place, and meeting the safeguard requirements of the World Bank.
4. Specific Objectives: • To carry out as a part of the Social Assessment a rapid review of social issues involved and prepare a broad-based social assessment of the project (focusing on components and likely activities), highlighting potential positive and negative impacts of the project. To review policy and acts/ regulations of GoSL and the World Bank (OP 4.12) to identify applicable provisions
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in the proposed project and suggest ways to fill any gap between the GoSL and the World Bank requirements. • To understand roles and responsibilities and assess capacity of the Country institutions involved in the Project to manage social development issues including safeguards, offer guidelines for capacity development to address any gaps. • To carry out social screening for the sub-project activities to see if there could be any adverse social impacts, and, if confirmed, carry out social impact assessment and other due diligence studies (tracer survey, social audit, asset valuation, due diligence report) • To develop a Social Impact Mitigation Plan (SIMP) for the sub-project implementation, and if required a RAP/A-RAP (fulfilling requirements of the SMF and the RPF and integrating participation and social accountability guidelines).
5. Tasks: The scope of services comprises, without being limited to, the following: Task - 1: Social Assessment. This will include the following: Situation Assessment: A rapid analysis of the developmental, socio-cultural and political economic context based on information available from the government, stakeholder consultations, primary and secondary sources, and media reports relevant to the project. This analysis will briefly describe the context for the project, including the historical context (e.g. post conflict/peace dividends) for the growth of the country/region/locality, overall institutional environment, political economic aspects, and any conflict risks.
Analysis of Key Social Impacts, Risks and Opportunities: This section will discuss the socioeconomic and cultural profile of the people likely to benefit/be adversely affected, their interests and levels of influence on project outcomes; positive/negative impacts on the poor/ marginalized groups; role of civil society, opportunities to engage with them for better outcomes; any conflict risks that may affect implementation; impacts due to labor influx, including risks of gender based violence, child labor, etc. Analysis of key social risks will include likelihood of involuntary resettlement, issues of gender equality, social inclusion, labor issues, camp management and workers’ code of conduct, and social accountability. A Stakeholder Analysis will be conducted through consultations to identify and assess the role and influence various stakeholders including the impacted people.
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Analysis of Legislative and Regulative Frameworks. The consultant will describe the policy context with special attention to legislations on social dimensions relevant to the Project. The consultant will also review the World Bank safeguard provisions that need to be complied with and will suggest measures to fill any gaps between the Bank and government policies.
Review of Experience in Social Management. The consultant will review the country experience in LA & R&R; vulnerable community development and social accountability in key participating institutions that will be responsible for the implementation of the project.
Institutional and Capacity Assessment. The consultant will review the existing institutional mechanisms and capacity of the involved institutions for social management including the existence of units/ focal points for addressing land acquisition, resettlement and other social dimensions, their powers, functions and effectiveness.
Analysis of Social Inclusion and Social Accountability. The Consultant will make an analysis of prevalent social accountability policies and practices promoting demand for ―good governance’ (DFGG) involving downward accountability and explore opportunities for strengthening DFGG/social accountability through participation of community groups, impacted people, other stakeholders, civil society organisations (CSO) in planning, implementing, and monitoring the project and the municipalities’ responsiveness and efficiency in meeting people’s needs.
Task - 2 Social Impact Mitigation Plan (SIMP). Building on the findings and recommendations of the Social Assessment, the SIMP will include (a) findings from the social screening, socio-economic survey, stakeholder consultations, impact categories, types of losses, etc; (b) plans and mitigation measures for addressing non-land related risks; (c) measures for strengthening social inclusion and accountability; (d) specific plans and actions relating to consultations, information disclosure and grievance redressal; (e) measures for addressing impacts due to labor influx such as child labor, gender based violence, conflicts with host communities, etc; (f) planning, implementation and monitoring arrangements to address social development issues and risks; (g) budget and timeline for implementation of activities in the SIMP with clear identification of tasks for the contractor, supervision consultant, project implementing partners, Developers and the relevant line Ministry/Agency.
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Task -3 Social Impact Assessment and Resettlement Planning The Consultant will as per the SMF and the RPF undertake social screening/SIA of the sub-project, including other relevant due diligence studies (e.g., tracer survey, social audit, asset valuation, etc). Based on the findings of these reports, prepare RAP/A-RAP, as required. The RAP/A-RAP will include, at the least: • Principles and objectives governing resettlement preparation and implementation. • Findings from the social screening, socio-economic survey, stakeholder consultations, impact categories, types of losses. • Estimation of impact categories and affected population, and guidelines for recording additional impacts • Entitlements Matrix for provisioning compensation and rehabilitation assistance for losses to assist the affected people in various categories to re-establish their living conditions including shelter and livelihoods meeting the World Bank’s safeguard policy and country legal requirements. • Principles and criteria relating to cut-off date for compensation; define criteria and authority for determining eligibility for different impacted categories of people to receive LA and R&R benefits; valuing the affected land and assets, • Guidelines for site selection, site preparation and relocation of displaced households; legal arrangements for regularizing tenure. • Guidelines for post-resettlement support including housing, infrastructure and social services to the relocated people and capacity enabling them to re-establish and sustain their living conditions. • Institutional arrangements including organisational procedures for delivery of the entitlements, including responsibilities of the government and other stakeholders including NGOs in the implementation process, linking resettlement implementation to civil works; and organisational responsibilities for planning, implementing, and monitoring RAPs; sequencing activities with a flow chart outlining planning and implementation process • Procedures for consultation, information disclosure and grievance redress mechanism. • Process for approving, implementing, and monitoring resettlement plans, with specific timeline and budget
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6. Deliverables. The deliverables will include the following: • Inception Report, including a work plan presenting the methodology for Social Assessment, SMF and SIA for Stage 1 activities as per the ToR. (9 copies). • Social Assessment Report, along with a comprehensive consultation report as Annex describing all consultations held for this assignment, explaining methodology and types, key data on type of meeting, stakeholder groups met, number of participants, date, location, photographs etc; key issues discussed. • Social Impact Assessment Report, and if relevant, other due diligence reports from the tracer survey, social audit, and asset valuation. • Social Impact Mitigation Plan that is approved by the Project Coordination and/or line Ministry/Agency. • Resettlement Action Plan or an Abbreviated Resettlement Action Plan (RAP/ARAP) that is approved by the concerned line Ministry/Agency.
7. Methodology. The methodologies to be followed by the consultant in this assignment include review of relevant documents & secondary information, interactions and consultations with stakeholders, and field visits and community interactions. Consultant will develop detailed methodology and work plan in the inception report, which will be discussed and agreed with the client. The Consultant should pay special attention to the safeguard policies and practices adopted by GoSL for externally funded projects.
8. Duration of the service: The time required for this assignment is envisaged to be 4 months.
9. Qualification of Expert: The consultant/s should include a team leader and Social Development experts with experience in resettlement, community development, and social inclusion/accountability, with higher degree in Social Sciences. In particular:
Team Leader: a senior specialist, with at least ten years of experience in Social Development, He/ she should have delivered Social Assessment, SMF, RAP earlier for external donor funded projects. Experience in urban resettlement, community development will be considered an added qualification. He/she should also have proven ability to command a team and ensure targets and deadlines are met and to ensure quality of outputs meet client expectation and demonstrated proficiency in writing and speaking in English. He/she is expected to have experience with the
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application of good-governance tools such like citizen/community score cards, participative monitoring and evaluation, grievance redress and complaint handling, conflict mediation, information, education, communication, etc.
Social Development Specialist, with at least 5 years’ experience in the field, working with poor urban communities, organizing surveys and managing interaction with communities and civil society. Prior experience with the application of good-governance tools such like citizen/community score cards, participative monitoring and evaluation, grievance redress and complaint handling, conflict mediation, information, education and communication is a plus.
Social Development Analyst, with relevant degree in social science and demonstrated proficiency in writing and speaking in English
The Consultant should explain in advance, in the inception report, the team it will mobilize to deliver the above tasks, especially the Task-3, which will require census survey.
10. Estimated input of professional time: The total estimated level of effort for this assignment is estimated to be 26 staff weeks (excluding the time of surveyors).
Position SA SMF SIA for Phase I
Team Leader 4 weeks 6 weeks 2 weeks
Social Development Specialist 2 weeks 2 weeks 2 weeks
Social Development Analyst 4 weeks 2 weeks 2 weeks
11. Other Information: The consultants are advised to refer to the following World Bank policies in addition to any other resources that they may deem fit: OP 4.12 Involuntary Resettlement & OP 4.11 Physical Cultural Resources. Involuntary Resettlement Sourcebook; the consultant may refer to www.worldbank.org/socialanalysissourcebook.
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Annex IV: Sample Terms of Reference for Hiring External Monitoring and Review Consultants
Objective: The Climate Resilience Multi-Phase Approach (CRes MPA) has prepared a Resettlement Policy Framework (RPF) as per the national regulations and World Bank’s operational policies (social safeguards) to identify and mitigate unavoidable involuntary resettlement impacts of [project description].
The RPF has provisions to provide the affected families with compensation and rehabilitation support by engaging consultants to assess impacts and prepare plans and External Consultants for facilitating support for community participation and income restoration and enhance accountability in the implementation process. This ToR provides the nature and scope of tasks and deliverables to be undertaken by the prospective consultants to be engaged for this purpose with reporting arrangements and timeframe. The [line Ministry] invites Expressions of Interest (EOI) from wellestablished consultants with substantial experience in urban resettlement and slum issues, urban governance, and income generation to assist in the R&R process.
Reporting Arrangements: The consultants will work at the project level under the supervision of Project Director and Deputy Project Director (Social) of the concerned line Ministry/Agency. The respective department/units of the line Ministry/Agency will provide overall policy and training support to consultants, the actual execution will be done by the private partner and other agencies such as [name of other GOSL agencies involved] in coordination with the Project Coordiantion team.
Scope of Work 1. Strengthen people’s awareness regarding the project, their rights and entitlements. 2. Strengthen participation of APs in livelihood and income restoration activities. 3. Strengthen transparency in the LA and RR through social accountability measures such as community display boards, information dissemination, and regular consultation. 4. Strengthen women’s participation in R&R process with special focus on livelihoods. 5. Assist in identifying and enabling vulnerable families to cope with resettlement. 6. Assist in providing post resettlement support to the relocated families; and 7. The employer may assign such other assignments relevant to strengthening social inclusion and equity in the R&R process as required.
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Specific Tasks Relocation Support: The consultant will assist with facilitating smooth relocation of affected people from the affected site to the resettlement sites and help them to re-establish their shelter and businesses and monitor and document the process. It will provide women headed and vulnerable displaced families with need-based capacity building support in addition to R&R benefits.
Information, Education and Communication: The consultants will assist in IEC activities through public meetings and consultations with the AP and vulnerable groups and their organisations like CBO. The consultant will establish rapport with APs and inform them about their entitlements provisioned in the RPF and RAPs. It will raise their awareness regarding documentation and procedures to receive their rights and benefits. The consultant will organize AP beneficiaries’ groups and inform and consult on the program and dispel misinformation. The consultant will facilitate AP interactions with the Project personnel and local authorities. Consultant will organize monthly meetings with APs at predisclosed time and locations. Decisions taken in these meetings will be documented and submitted to concerned line Ministry and Agency as well as private partner and other partner agencies as part of monthly progress reports.
AP Identification and Verification: The consultant will cross verify through consultation with community groups the list of eligible vulnerable families and squatters and assist in issuing ID cards to the APs eligible. The consultant will also act as a medium for recording AP grievances and informing the concerned government institution/ private partner and other partner agencies for action.
Hand Holding Support for Livelihood/Income Restoration: The consultant will assist the APs in opening bank accounts; counsel them regarding utilization of the R&R assistance, educate them about investment options and enable them to restore their incomes. For this purpose, the consultant will advise the Project to disburse R&R package in a manner that will economically benefit them most. Consultant may form local thrift and credit groups, help APs with skill training for income generation.
Coordination and Mainstream Linkage: The consultant will coordinate with government/other mainstream institutions to strengthen socio-economic development of the resettled families and enhancing their access to welfare and income schemes. Capacity building for Condominium Management: The consultant will provide training to their settled people at the new sites to build their capacity to manage their own affairs in a sustainable manner.
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Annex V: Sample of Social Impact Mitigation Plan
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
01 Access disturbances - Temporary Impact
Households/Busine Provide sign boards for pedestrians to inform nature Contractor’s cost Construction During sses/institutions will and duration of construction works and contact Contractor/ Construction have difficulties in numbers for reporting any complaints. Relevant Line access during Ministry/line construction works Agency/LA Provide walkways and metal sheets where required to -Do- -Do- -Do- maintain access for people Special care to be taken wherever the community -Do- -Do- -Do- sensitive areas are located (specified in the EMP) and accelerate the civil works in front of critical areas such as institutions, places of worship, business establishment, hospitals, and schools Consult business and institutions regarding operating hours and factoring this into work schedules -Do- -Do- -Do- Propose alternative access roads during construction -Do- -Do- -Do- period. Do not damage or block the existing access road for -Do- -Do- -Do- residential areas during construction Contractor will be instructed to use small excavating -Do- -Do- -Do- equipment as much as possible to avoid unanticipated damages.
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Location/ Implementing Cost Responsibility Time Frame Impacts Place
In case of complete loss of motorable access leading to loss of business over a day, financial assistance @ Contractor cost -Do- -Do- SLR 1000/ per day per business owner from 1st until ease of access has been restored by the contractor. 02 Pedestrians Safety Issues - Temporary Impact
Safety issues to Contactor must comply with the provisions in N/A Construction During pedestrians, vehicles Health and Safety regulations under the Factory Contractor/ Construction and workers during Ordinance with regards to provisions of health and Relevant Line construction using safety measures, amenities at workplaces. Ministry/line heavy equipment & Agency/LA machinery Alarm warning to the pedestrian, vehicle and workers Contractor’s Cost -Do- -Do- using sign boards, fence, band tape, etc.
Ensure appropriate safety equipment, tools and protective clothing are provided to workers and that -Do- -Do- -Do- safe working methods are applied. A safety inspection checklist should be prepared N/A -Do- During taking into consideration what the workers are construction/ expected to be wearing and monitored during specific Periodic construction activities. monitoring Ensure prevention of risks from electrocution by N/A -Do- During regular inspection and maintenance of all electric Construction power-driven machines used on the construction site. They must be kept away from permanent/ temporary pedestrian walkways.
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Location/ Implementing Cost Responsibility Time Frame Impacts Place
A temporary fence will be erected on near water bodies and or steep site slopes to avoid contact of Contractor’s Cost -Do- -Do- public and workers with deep water bodies and steep slopes.
Ensure basic emergency aid service is in place in the Sites, -Do- -Do- -Do- work site as well in labour camps contractor’s Vehicle yard & Labour camps Ensure training of basic health and safety be provided to the work force prior to commencement of -Do- -Do- Before starting construction with emphasis on all the above critical construction factors Clear work camp sites after use and reinstate with Labour camps -Do- -Do- After vegetation construction
03 Traffic Congestion - Temporary Impacts
Special traffic management plan and deploying Contractor’s Cost Construction During additional traffic police should be put in place. Contractor/ Construction Traffic congestion RDA/ would be aggravated Concerned due to construction government works agency/ Developer/ LA
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
04 Shifting of Common and Private Utilities - Permanent Impact
Shifting of Common If the relocation of common utility services Site N/A -Do- Project Planning and Private Utility anticipated, prepare an inventory of utilities at Stage Services proposed sites with assistance of service providers
Prepare relocation plans with service providers for -Do- N/A -Do- Designing stage utilities to be shifted. Liaise with NWS&DB, CEB, and SLT to obtain utility plans & shifting arrangement, machine operator awareness about utilities and plan rehabilitation routes -Do- N/A -Do- -Do- and facility sites to avoid existing utilities wherever possible.
Arrange for service providers to attend to the site When needed Contractor cost -Do- -Do- immediately to deal with any accidental damage to utilities.
Ensure the compensation for unexpected structural Project Cost -Do- Before start the damages due to construction activities by Third Party construction Insurance Coverage
If any public or private structures are damaged -Do- Insurance Coverage -Do- During (including by vibration), replace the structures or construction compensate owners.
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
05 Siting of construction camps, labour camps, stock yards and managing the risk of adverse impacts on communities from temporary project induced labour influx - Temporary Impact
If construction Care will be taken not to disturb sensitive areas and Camps/Yards N/A Construction During camps, labour avoid highly residential areas when selecting sites to Contractor/ construction camps, stock yards, locate construction camps, labour camps, stock yards, Concerned vehicle refuelling vehicle refuelling areas etc. and the layout of such government areas etc. are located place should be approved by the supervision agency/ near sensitive areas consultant Developer/ LA such as wetlands, conservation zones Accumulation of water due to blocking of drains due Entire drains Contractor Cost -Do- -Do- and places of scenic to construction activities should be mitigated by section beauty or removal of soil and debris from the dumping yards to recreational value, avoid flooding event. or any water body, those areas may be Maintain a sound waste management system within Camps/ -Do- -Do- -Do- adversely affected. the camps and the site and do not allow to dispose the Yards/ Site The risks of adverse garbage, wastewater as well as sewerage water to open impacts on places/land communities from temporary project Make the contractors aware of advantages in giving N/A N/A Developer/ -Do- induced labour priority to selecting labour from project influenced Concerned influx. areas/local communities to minimise need for erecting government labour camps and minimise labour influx. agency/ Developer/ LA
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place Introduce Worker Code of Conduct as part of employment and sanctions/penalties for N/A Contractor Cost -Do- -Do- noncompliance
Strengthen law enforcement activities around worker -Do- -Do- -Do- -Do- camps and work sites
Establish a grievance redress mechanism for workers -Do- -Do- -Do- -Do- and host communities
Frequent supervision of labours’ activities, labour Camps/ N/A Concerned -Do- welfare activities, basic needs provided for labours, Yards/ Sites government hygienic condition of the camps/ sites agency/ Developer/ LA Avoid illegal lodging arrangements by workers of Camps/ N/A -Do- -Do- contractors Yards/ Sites and project impact area Avoid social conflicts or tension and prevalence of -Do- N/A -Do- -Do- gender-based violence.
Conduct awareness programs to labourers on hygienic status including sexually transmitted Camps/Yards Contractor’s Cost -Do- -Do- diseases Conduct cultural sensitization programs for workers regarding engagement with local -Do- -Do- -Do- -Do- communities
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
Receive timely feedback from local/host communities -Do- -Do- -Do- -Do- Contractor should adopt formal recruitment procedures to avoid ad-hoc recruitment of labourers -Do- -Do- -Do- -Do- Mandatory and continuous awareness raising for workers to refrain from unacceptable conduct of -Do- -Do- -Do- -Do- behaviour Keep a complaints/ grievances box and establish a -Do- -Do- -Do- -Do- labour GRM to report their grievances
Prepare an inventory (including names/ National ID numbers/ addresses etc.) of entire labour force employed by contractor and share with the concerned -Do- -Do- -Do- -Do- line Agency/Ministry. This inventory shall be regularly updated. 06 Dust, Noise and Vibration - Temporary Impact
Dust, Noise and Follow guidelines stipulated in the Environmental Sites Contractor’s Cost Concerned During Vibration during Management Plan (EMP) government construction construction and agency/ night work will Developer/ LA No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
cause Disallow worker exposure to noise level greater than -Do- -Do- -Do- -Do- inconveniences/ 85 dBA for duration of more than 8 hours per day disturbances to the without hearing protection. The use of hearing residents protection shall be enforced actively
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Use the temporary and permanent dumping site as directed in contract document with Engineer -Do- -Do- -Do- -Do- supervision and guided by EMP 07 Parking of Contractor’s vehicles along the Road - Temporary Impact
Parking of vehicles Contractor shall rent out suitable places for parking of -Do- -Do- -Do- -Do- along the road vehicles used for rehabilitation works which may lead especially in to inconvenience to communities residential areas. 08 Social Mobility Issues - Temporary Impact
Social mobility Safeguard Officer (Environment & Social) appointed N/A -Do- -Do- -Do- issues (community by the contractor need to liaise with stakeholders and integration build up the community integration. sensitivities) 09 Occupational Health and Safety - Temporary Impact
Occupational Develop and implement site-specific Health and -Do- -Do- -Do- -Do- hazards which can Safety (H&S) plan which will include measures such arise from working as: (a) excluding public from the site; (b) ensuring all in subproject workers are provided with and use personal protective equipment (PPE); (c) H&S Training for all site personnel; (d) documented procedures to be followed for all site activities; and (e) documentation of work- related accidents.
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
Ensure that qualified first-aid can be provided at all times. Equipped first-aid stations shall be easily -Do- -Do- -Do- -Do- accessible throughout the site
Provide medical insurance coverage for workers -Do- -Do- -Do- -Do-
Secure all installations from unauthorized intrusion -Do- -Do- -Do- -Do- and accident risks
Provide suppliers of potable water and clean eating place where workers are not exposed to hazardous or -Do- -Do- -Do- -Do- noxious substances
Provide H&S training to all new workers to ensure that they are appraised of the basic site rules of work -Do- -Do- -Do- -Do- at the site, personal protection, and preventing injuring to fellow workers
Provide visitors if visitors to the site can gain access to areas where hazardous conditions or substances -Do- -Do- -Do- -Do- may be present. Ensure also that visitor/s do not enter hazard areas unescorted
Ensure moving equipment is outfitted with audible -Do- -Do- -Do- -Do- back-up alarms
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
Mark and provide sign boards for hazardous areas such as energized electrical devices and lines, service rooms housing high voltage equipment, and areas for storage and disposal. Signage shall be in -Do- -Do- -Do- -Do- accordance with international standards and be well known to, and easily understood by workers, visitors, and the general public as appropriate 10 Lack awareness & gender base violence issues of workers - Temporary Impact
Absence of enough Provide water and sanitation facilities for -Do- -Do- -Do- -Do- sanitary facility for employees/labourers as per IFC 2009 standards (1 female workers, toilet/15 persons) and separate facilities for men and child labour, wage women. disparity, Equal participation of women for the work shall be -Do- -Do- -Do- -Do- entitlements for encouraged and ensure wage parity during the leave, lack of implementation of sub projects according to GoSL’s awareness for labour policy, women are given equal pay for work workers, of equal value. (This will be included in the encouraging local contractual agreements) community for works. Prevent employing children under 16 years of age and young persons in the age group of 16 and 18 years: Equal opportunities should be given to both -Do- -Do- -Do- -Do- males and females in work assignments and depending on the type of work, underground works can be carried out regardless of gender.
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
No Adverse Social Mitigation Measures Location/ Implementing Cost Responsibility Time Frame Impacts Place
Train employees in the storage and handling of materials which can potentially cause soil -Do- -Do- -Do- -Do- contamination and precaution should be followed during construction Contractor is expected to select the labour force from the local community as much as possible if the skilled people are available. Prior to recruiting the labour, the Contractor should inform the people in the surrounding area at least 5 days before the -Do- -Do- -Do- -Do- selection takes place by announcing through a public announcement system and by displaying posters in public places of the relevant villages (Any person within 3 km of the work site). Entitlement of Leave for workers according the Shop and Office Employees (Regulation of -Do- N/A -Do- -Do- Employment and Remuneration) Act 11 Handling complains from community - Temporary Impact
Pedestrians, Conduct GRC meetings once a month or when needed N/A Contractor Cost -Do- -Do- vehicles, residential with community representatives from site impact area & commercial community and workers of Keep complaint registry at site office as well as at the N/A -Do- -Do- -Do- construction site Project office make complaints regarding inconveniences due to construction works.
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, July 2021
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Ministry of Irrigation, Government of Sri Lanka CRes MPA, 1st Phase, Social Management Framework, January 2019
Annex VI: Application Form for Grievance Redress Mechanism Sample
(To be made available in Sinhala, Tamil, and English)
Date:
Place of Registration:
Mode of Communication (e.g., note/letter, email, verbal/telephone):
Name ______
Gender ______
Age ______
Home Address ______
Phone/Email ______
Individual/authority to whom complaint was submitted:
Complaint/Suggestion/Comment/Question:
Please provide the details (who, what, where and how) of your grievance below:
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Ministry of Agriculture, Rural Economic Affairs, Livestock Development, Irrigation and Fisheries & Aquatic Resources Development, Government of Sri Lanka
CRes MPA, 1st Phase, Social Management Framework, January 2019
If included as attachment/note/letter, please tick here:
Nature of Resolution Sought:
How would you like your concerns/issues to be resolved?
Contact details for update/feedback
How do you want us to reach you for feedback or update on your comment/grievance?
FOR OFFICIAL USE ONLY
Registered by: (Name of Official registering grievance) Reviewed by (Name/Positions of Official(s) reviewing grievance)
Action Taken:
Whether Action Taken Disclosed [ ] Yes [ ]No
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Ministry of Agriculture, Rural Economic Affairs, Livestock Development, Irrigation and Fisheries & Aquatic Resources Development, Government of Sri Lanka
CRes MPA, 1st Phase, Social Management Framework, January 2019
Means of Disclosure
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Ministry of Agriculture, Rural Economic Affairs, Livestock Development, Irrigation and Fisheries & Aquatic Resources Development, Government of Sri Lanka