List of Acronyms s6

Ministry of Education and Sports

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK FOR IMPLE- MENTATION OF UNIVERSAL POST-PRIMARY EDUCATION AND TRAINING IN UGANDA 2008-2018

FINAL REPORT

EDUCATION PLANNING DEPARTMENT

29TH JULY 2008 TABLE OF CONTENTS LIST OF ACRONYMS...... III EXECUTIVE SUMMARY...... IV 1.0 INTRODUCTION...... 1

1.1. BACKGROUND...... 1 2.0 PROGRAM DESCRIPTION...... 2

2.1 CONTEXT AND OBJECTIVES OF UPPET...... 2 2.1.1 Context...... 2 2.2 OBJECTIVES OF THE UNIVERSAL POST PRIMARY EDUCATION (UPPET) PROGRAM...... 2 2.2.1 Objective 1: Improve equitable access to secondary education...... 2 2.2.2 Objective 2: Improve the quality and relevancy of secondary education...... 3 2.2.3 Objective 3: Enhance and improve effectiveness and efficiency...... 3 2.3.1 Component 1: Expanding equitable access to lower secondary education...... 4 2.3.2 Component 2: Improving quality of the teaching-learning process...... 5 2.3.3 COMPONENT 3: INSTITUTIONAL STRENGTHENING...... 5 3.0 BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENT OF THE...... 7

3.1. LOCATION...... 7 3.2 CLIMATE AND VEGETATION...... 7 3.2.1 Climate...... 7 3.3 THE PEOPLE AND POPULATION DYNAMICS...... 14 3.3.1 The People...... 14 3.3.2 Population Dynamics...... 14 3.4 MORPHOLOGY, RELIEF AND DRAINAGE...... 16 3.4.1 Morphology and Relief...... 16 3.4.2 Drainage...... 16 3.4.3 Geology and Soils...... 16 3.5. NATURAL RESOURCES...... 17 3.5.1 Atmospheric Resources...... 17 3.5.2 Terrestrial Resources...... 17 3.5.3 Aquatic Resources...... 19 3.5.4 Cross-Sectoral Resources...... 20 3.6. THE SOCIO-ECONOMIC AND CULTURAL ENVIRONMENT...... 21 3.6.1 Human settlements, housing and urbanizations...... 21 3.6.2 Safe water and sanitation...... 22 3.6.3 Pollution...... 22 3.6.4 Poverty...... 22 3.6.5 Environmental health...... 23 3.6.6 Cultural heritage...... 23 4.0 OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)...... 24

4.1. THE OBJECTIVE OF THIS ESMF...... 24 4.2 METHODOLOGY USED TO PREPARE THE ESMF...... 25 5.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT...... 27

5.1. POLICY FRAMEWORK...... 27 5.1.1 Uganda’s Vision 2025...... 27 5.1.3. The National Environment Management Policy...... 28 5.1.5 Medium and Long term Plans...... 28 5.1.6 The Government White Paper on Education...... 29

i 5.1.7 International Long-term Commitments...... 29 5.2. LEGAL FRAMEWORK...... 29 5.3 THE EIA PROCESS IN UGANDA...... 32 5.3.1 Preparation of Project Brief...... 34 5.3.2 Environmental Screening...... 34 5.3.3 Environmental Impact Study...... 35 5.3.4 Scoping and ToR...... 35 5.3.5 Preparation of the EIS...... 36 5.3.6 Review of EIS and Decision on Project...... 36 5.3.7 Environmental Monitoring and Management Plan...... 36 5.3.8 Public Consultation...... 37 6.0 OVERVIEW OF THE WORLD BANK’S SAFEGUARD POLICIES...... 39

6.1 OP 4.01 ENVIRONMENTAL ASSESSMENT...... 39 7.0 ENVIRONMENTAL AND SOCIAL IMPACTS OF UPPET...... 41

7.1 POSITIVE SOCIAL AND ENVIRONMENTAL IMPACTS...... 41 7.1.1 Increased and equitable participation in quality secondary education system...... 41 7.1.2 Improved physical infrastructure and access to secondary education...... 41 7.1.3 Strengthening of Community Structures...... 41 7.1.4 Strengthening the Capacity of National Training Colleges...... 42 7.1.5 Improved sanitation in secondary schools...... 42 7.1.6 Improved supply and access to instructional materials and science equipment...... 42 7.2 ADVERSE SOCIAL IMPACTS...... 42 8.0 THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS...... 46

8.1. THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS...... 46 8.2. THE SCREENING STEPS...... 46 9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)...... 49

9.1. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN...... 49 9.2. INSTITUTIONS RESPONSIBLE FOR IMPLEMENTING AND MONITORING THE MITIGATION MEASURES...... 52 9.2.1 National Coordination/Supervision...... 52 9.2.2 Monitoring...... 52 9.3 CAPACITY BUILDING...... 52 9.3.1 Capacity Building for Environment and Social Management of UPPET Program...... 53 9.4. MONITORING...... 53 9.5. BUDGET FOR THE ENVIRONMENTAL AND SOCIAL MANAGEMENT OF THE UPPET...... 54 9.6 INSTITUTIONAL SUPPORT TO THE NEMA, EDUCATION AND UPPET INSTITUTIONS...... 54 10.0 RECOMMENDATIONS...... 55

ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM (ESSF)...... 56 ANNEX 2: ENVIRONMENT AND SOCIAL MITIGATION MEASURES CHECKLIST...... 64 ANNEX 3: INVOLUNTARY RESETTLEMENT FRAMEWORK FOR UPPET PROGRAM...... 65 ANNEX 4: SUMMARY OF WORLD BANK OPERATION POLICIES...... 68 ANNEX 5: SAMPLE TERMS OF REFERENCE FOR EIA...... 71 ANNEX 6: ENVIRONMENTAL GUIDELINES FOR CONSTRUCTION WORK...... 73

ii LIST OF ACRONYMS

BFP - Budget Framework Paper BoG - Board of Governors BTVET - Business, Technical, Vocational Education and Training EFA - Education for All EIA - Environmental Impact Assessment EIS - Environmental Impact Study EMP - Environmental Management Plan ESSF - Environmental and Social Screening Form EFA-FTI - Education for All-Fast Track Initiative EFAG - Education Funding Agencies Group. EMIS - Education Management Information System ESC - Education Service Commission ESIP - Education Strategic Investment Plan ESSP - Education Sector Strategic Plan (2004/2015) ESR - Education Sector Review GDP - Gross Domestic Product HIV/AIDS - Human Immuno Virus/ Acquired Immunity Deficiency Syndrome HLG - Higher Local Governments ICT - Information Communication Technology ITCZ - Inter- Tropical Convergence Zone IFC - International Financial Cooperation/World Bank LLG - Lower Local Governments LTEF - Long Term Expenditure Framework MDGs - Millennium Development Goals MEMD - Ministry of Energy and Mineral Development MTEF - Medium Term Expenditure Framework MoES - Ministry of Education and Sports MWLE - Ministry of Water, Lands and Environment Protection, MoFPED - Ministry of Finance, Planning and Economic Development PPP - Public Private Partnership NEMA - National Environment Management Authority NEAP - Uganda National Environmental Plan NTC - National Teachers College NGOs - Non Governmental Organizations RPF - Resettlement Policy Framework STR - Student Teacher Ratio PEAP - Poverty Eradication Action Plan TDMP - Teacher Development Management Plan TDMS - Teacher Development Management System TPCs - UPE - Universal Primary Education UNEB - Uganda National Examination Board UPPET - Universal Post-Primary Education and Training WB - World Bank

iii WHO - World Health Organisation

EXECUTIVE SUMMARY

(a) Universal Post-Primary Education and Training (UPPET) is a bold initiative by the Government of Uganda to increase equitable access to secondary education, making it more affordable to various disadvantaged groups and rural communities. It is intended to assure achievement of the Millennium Development Goals of gender parity by 2015; Enhancing sustainability of Universal Primary Education; Reducing the High costs of Secondary Education, making it more affordable; and ensuring economic growth and poverty reduction.

(b) Currently there are 4,531 Secondary Schools in the country (government, private and community owned). Up to 36 sub counties do not have any form of secondary school. Introduction of UPPET has led to a huge surge in enrolment, particularly in poor and rural areas where schools fees has in the past prohibited entrance to post primary education. Since the launch of Universal Post-Primary Education and Training (UPPET) in February 2007, enrolment at S1 has grown rapidly. Enrolment (S1-S6) rose by 17.2% (from 814,087 to 954,328) between 2006 and 2007. In 2007, up to 356,829 candidates passed PLE and this number will rise to 1,556,131 by 2018.

(c) Considering a transition rate of 68.6% from P7 to S1, this has serious implications in terms of space requirements, infrastructure, teacher requirements, sanitation, the private secondary schools, and to the biological, physical and social, and economic environment. Over the Plan period of 2008-2018, there is a gap of up to 35,338 classrooms, 126,459 5-stance pit latrines, 533 libraries, 400 multi-purpose science rooms, and 799 4-unit teachers’ houses. In additional, 1,864 existing incomplete classrooms need to be completed plus rehabilitating 318,388 Square meters of existing facilities. Investment of up to Uganda Shillings 4,650.9 billion shillings will be required to sustain growth in the secondary education sector over this period, out of which provision of facilities will require Ug. Shs. 1,116.8bn. For classroom, provision, a total of 3,992 will be constructed annually as determined by the existing absorptive capacity of the domestic economy. Construction will be decentralized at the school-level.

(d) Typical classroom will be constructed on existing school grounds as an addition to existing school building, or, in some cases, as a self-standing new building. The classrooms will be typically constructed from locally sourced materials, with concrete slab foundations, concrete floors, clay brick walls, and corrugated metal roofing on wood frames. Walls and window frames are painted with oil paints. In most cases, Classrooms are typically not connected to the power grid and water supply. Water supply is provided from stand pipes and sanitation is provided by pit latrines. Libraries, multi-purpose science rooms and teacher houses are constructed similarly. The new infrastructure typically does not require access roads because it is an expansion along the old school site. Most of the construction materials described above are available in Uganda and are provided by the communities at a reasonable cost.

iv (e) This Environmental and Social Management Framework (ESMF) is meant to ensure the provision of infrastructure under the UPPET program complies with the Ugandan Environmental Legislation and World Bank Safeguard Policies. This report outlines the mechanisms to determine and assess environmental and social impacts arising from UPPET implementation, and sets out appropriate mitigation measures, and institutional arrangements for monitoring.

(f) This framework is needed since the specific locations of schools that will receive physical facilities (classrooms, teachers’ houses, libraries, multi-purpose science rooms and pit latrines) under the proposed World Bank Operation are yet to be determined program. However, the coverage of the UPPET program is countrywide benefiting about 90% of Government owned secondary schools, which are 911 in number. The targeted schools are evenly spread throughout the districts. This is guaranteed by the existing Government policy, which requires that every sub-county should have at least one Gov- ernment-aided secondary school. Even the non-UPPET participating Government schools (about 110 in number) are evenly spread in regions and districts. This framework will guide in program screening and in determining the extent of required EIA once program locations and specifications are known. The report has a detailed program background, reviews the environmental legislative framework, and identifies potential social and environmental impacts and their mitigation, and an environmental and social management plan for UPPET programs.

(g) The draft ESMF report is structured as follows:

Chapter 1: Introduction Chapter 2: Description of UPPET/USE program Chapter 3: The Ugandan Biophysical and Social-Economic Environment Chapter 4: The Objectives of the Environmental and Social Management Framework Chapter 5: The policy, Legal and Institutional Framework for Environmental Manage- ment Chapter 6: The World Bank’s Safeguard Policies Chapter 7: Environmental and Social Impacts of the UPPET program Chapter 8: The Environmental and Social Screening process Chapter 9: The Environmental and Social Management Plan for UPPET implementation Chapter 10: Recommendations

(h) This ESMF is considered a living document that may be revised from time to time to improve its effectiveness and efficiency based on the UPPET implementation experience and feedback from stakeholders.

v 1.0 INTRODUCTION 1.1. Background a. Since the launch of Universal Post-Primary Education and Training (UPPET) in February 2007, enrolment at S1 has grown rapidly. Enrolment (S1-S6) rose by 17.2% (from 814,087 to 954,328) between 2006 and 2007. The UPPET programme covers costs that are directly related to the teaching and learning process. It covers the lower cycle of secondary (S1 – S4) education. With increased enrolments, significant additional resources are required. In view of the remaining quality problems1 in primary education and the importance of moving towards the Millennium Development Goals (MDGs), it will be important to protect resources for primary education while increasing resources for secondary education.

b. The introduction of UPPET has subsequently increased the transition rate from P7 to S1 by 22% from 46.9% to 69.6%. The sector has made strides in recruiting some of the teachers required and provision of facilities in 38 sub-counties without any form of secondary school. In Uganda, the provision of secondary education is done in a two-pronged manner. There are two categories of secondary schools: The Government (Public) and the Private Secondary schools. The former type totaling 911 are a mix of schools established by Government and government-aided schools which were formerly community. The later, numbering 3,620 were founded by individuals, community or religious bodies or NGOs.

c. There is strong political commitment and will to support increased access to quality secondary education, including undertaking key policy reforms in the long term in line with the Sector Strategic Plan (ESSP 2007-2015) that also covers secondary education. The new challenges arising from the introduction of UPPET has necessitated the need of an overarching strategic plan for secondary education sub-sector with a vision, goals, policy and financial framework, with clear indicators and annual targets.

d. To enable participation in secondary education to expand to the maximum level possible, the MoES has initiated a number of measures designed to maximize access, improve equity and protect quality with improved management and efficiency. These include: (i) the programmed increased resource for secondary expansion, (ii) introduction of the eighteen subject curriculum from the current 42 subject curriculum with a school menu of ten subjects, (iii) reform of teacher deployment and utilization practices, (iv) introduction of double-shift teaching in over enrolled schools2 , (v) UPPET 35 periods per week per class for the revised curriculum (vi) planning for an accelerated program of low-cost classroom construction, (vii) plans for the provision of an initial stock of textbooks and instructional materials3, (viii)

1 Government has formulated a primary education quality enhancement program to be implemented in schools starting 2nd academic term in May 2008. 2 Over enrolled schools are those with stream size of more than 60 students. 3 Stocks of textbooks will be built in the initial years of the plan as capital expenditure in both government and private schools participating in the UPPET program.

1 e. provision of support for UPPET students in non-government schools, (ix) completion of incomplete permanent structures, (x) rehabilitation of existing facilities, and, (xi) construction of new facilities in NTCs. 2.0 PROGRAM DESCRIPTION

2.1 Context and objectives of UPPET

2.1.1 Context

(a) The extraordinary large numbers of children who entered the school system in 1997 with the introduction of Universal Primary Education (UPE) will pass through the Secondary sub-sector and enter the tertiary system during the term of sub-sector strategic plan. To sustain the gains of UPE program, Government introduced UPPET in 1997. Government is paying the major share of secondary education as majority of families whose children are under the UPPET program cannot afford to pay costs that are much higher than those in primary.

(b) Secondary education students are not acquiring the adequate skills and knowledge for either further education or the world of work. The system of academic preparation for higher education and world of work is not appropriate for Uganda’s national development needs. A key objective of this plan is to help students acquire competencies they need to continue their education and/or join the world of work.

(c) The plan aims at accommodating more students at the Secondary level and to reach equitable levels of participation among families of all economic status and among rural and urban families. The Plan’s objectives are to lower the costs of secondary education by making more efficient use of resources and to allocate resources toward schools and students who can least afford to pay.

2.2 Objectives of the Universal Post Primary Education (UPPET) Program

The Program Objective is to (a) improve access to post-primary education, with emphasis on the poorest rural and peri-urban areas which presently do not have sufficient capacity to absorb qualifying students; (b) improve the quality and relevance of post-primary education and training at all levels; and (c) improve efficiency in the delivery of post primary education.

2.2.1 Objective 1: Improve equitable access to secondary education

Uganda’s development as a proud nation, a strong government, and a vibrant economy depends upon the eradication of poverty, the transformation of a subsistence-based agricultural economy into a modern agricultural, industrial, integrated and self-sustaining national economy, elimination of HIV/AIDS and other deadly diseases, and a cessation of internal hostilities. The education of children and youth are essential contributions to these goals. Thus, one objective of the Plan is to build a mass education system that con- tributes to Uganda’s national development goals in the context of globalization.

2 The Plan aims at accommodating drastic increases in the rates of transition between the primary and secondary sub-sectors and the secondary and tertiary sub-sectors. The transition rate between Primary Seven (P7) and Senior One (S1) is expected to rise from about 46.9% (2006) to 80% over the timeframe of the Plan. The rate of transition from S4 to S5 is expected to rise to about 50% from 37% in 2006. Much of the remaining 50% will enter the labour market or enrol in BTVET courses.

The Plan calls for expansion of facilities and reform of delivery systems to give more access to participants. This is caused by the dramatic increase in transition from 46% in 2006 to 69.6% in 2008 and 80% at the end of the plan period. It originates from the lar- ger cohorts of UPE resulting from improved efficiency of primary level.

The focus of Phase I (2009 – 2011) of UPPET will therefore be on establishment of a framework for sustainable expansion of Lower Secondary Education. This phase will involve developing and agreeing a cost-effective model for delivery of lower secondary education, setting clear standards, agreeing a curriculum framework, agreeing modalities for teacher development and deployment, instructional materials provision, and piloting various efficiency measures for example double shift. In addition, Phase 1 will support detailed analysis of skills training and upper secondary education with a view to identifying critical policy and institutional reforms to support relevance and sustainable expansion in subsequent phases.

2.2.2 Objective 2: Improve the quality and relevancy of secondary education

The modern world of work, towards which Uganda is heading in important industrial and agricultural sectors, will require enhanced set of competencies than those taught today. To succeed in the workplace, young people will require the ability to follow written dir- ections that assume an understanding of abstract concepts. They will need to go beyond the basics of reading, writing, mathematics, and problem solving, and many will need the ability to use computers at a basic level. Enterprises in every sector, including modern agriculture, industry, and the public sector, will require entering employees who know how to solve problems using rigorous methods of problem identification, hypothesis formulation, data collection and analysis, and reporting. Factory jobs and work in agriculture-based enterprises will demand the ability to reason beyond repetition of mechanical operations, to make decisions about treatments under varying conditions, to understand a business plan, to communicate clearly in writing, to read complex instructions, and other such tasks. Every person should be able to think critically – to make informed and competent judgments about what others assert and about his or her own choices – and to clearly communicate information and opinions.

2.2.3 Objective 3: Enhance and improve effectiveness and efficiency

The annual performance reviews of the Education Sector, recent tracking studies on the flow of and utilisation of available resources and the efficiency study on public education reveal some inefficiencies and wastage in the delivery of education services. This is of major concern, since the Ministry’s financial resources are far below what it needs to meet its access and quality-related objectives. The Ministry has put in place a series of

3 policies and programs that will assure cost-effective delivery of quality services. It has built the capacity of its planning and operations staff to set targets, adopts strategies, and implement interventions that move toward achieving objectives. Thus, one objective of the Plan is to correct these insufficiencies and maintain an effective and efficient education sector and institutions.

2.3 UPPET Program Components

The UPPET program covers three broad areas/components, namely (i) expanding equitable access, (ii) improving quality of the teaching-learning process, and (iii) institutional strengthening.

2.3.1 Component 1: Expanding equitable access to lower secondary education

This component is aimed at expanding access to lower secondary education through implementation of the following activities to provide additional facilities:

S/N Activity Planned quantity 1 Construction of new classrooms 35,388 2 Completing incomplete classrooms 1,864 3 Construction of new multi-purpose science rooms 400 4 Construction of teachers houses - 4-unit blocks 799 5 Construction of 5-stance pit latrines 12,459 6 Construction of new libraries 533 7 Rehabilitation of existing school facilities 318,388 sq. metres

Participation in Secondary Education is programmed to increase sharply over the next ten years. The reforms to primary education has led to an annual increase in the number of students qualified to enter academic Secondary Education of about 79.6% by 2018 from 46.6% (in 2006 prior to introduction of UPPET) - a gain of 33%.

The increases in the numbers of primary school leavers who are qualified to enter academic secondary school have strained the capacity of the secondary school system. The UPPET policy commits the Government of Uganda (GoU) to provide places for able and willing students in academic secondary school. The current policy offers 69.6% (2009) of successful primary school graduates’ admission to an academic secondary school, this number is likely to increase to about 80% at the end of the plan period (2018).

The UPPET program will also result in greater demands for admission to ‘‘A’’ level and tertiary education. Between 2009 and 2018, more than 200,000 students (i.e. from 67,806 to 250,596 about 20,000 annually) will qualify for admission to ‘‘A’’ level studies (S5) because of the increased output of ‘O’ level students. Most of the increase in ‘‘A’’ level enrolment will occur in the second half of the period because of the time required for the increase in secondary enrolment to reach S5. Between 2009-2018, enrolment in upper secondary (S5-S6) is UPPET programmed to increase by about four times (i.e. from about 131,944 to 468,014).

4 In summary, Component 1 will therefore focus on the followings interventions/activities: (i) expanding infrastructure in participating overcrowded government schools. This will involve the implementation of a program of low-cost construction of classrooms, and an- cillary facilities including multipurpose rooms, particularly in overcrowded schools implementing double-shift and new schools where none exist (ii) Sponsoring UPPET eligible students by paying a capitation grant to government schools; (iii) sponsoring UPPET eligible students’ enrollment in private schools; (iv) support to overcrowded schools that introduce double-shifting to improve learning environment; (v) support to initiatives to improve quality of learning in educationally disadvantaged areas and rural schools; and (vi) promoting policies and actions that ensure enhanced girls’ participation and performance in mathematics and science.

2.3.2 Component 2: Improving quality of the teaching-learning process

This component is aimed at improving quality and relevance of the teaching-learning process through implementation of the following activities: This component covers the following activities:

Activity Planned quantity 1 Recruitment of new teachers 39,921 2 Recruitment of new non-teaching staff 2,718 3 Supply of textbooks for 18 subjects on national curium 13,067,269 menu 4 Supply of science kits and equipment 2,876 5 In-service training of teachers 20,000 6 Review of secondary education curriculum 7 Supply of new equipment for assessment Printers + accessories

In summary, Component 2 will focus on the following interventions/activities: (i) providing teachers to government schools based on an equitable staffing formula; (ii) provision of textbooks, science equipment and other instructional materials; (iii) providing special support for science and math teachers; (v) supporting the Education Standards Agency increase its monitoring of public and private schools; (vi) Support to review the curriculum, assessment and examinations; in-service training for teachers to improve pedagogy; and training to head teachers to strengthen school management and provide pedagogical support for teachers; (vii) support to school initiatives, particularly those in rural areas, to improve quality; (vii) support to designing instructional materials for the new curriculum.

2.3.3 Component 3: Institutional strengthening

(a) This component focuses on (i) training for head teachers to promote school level accountability, and for selected MoES staff and managers of private schools to improve management; (ii) communication strategies to increase public awareness of and support for the post-primary education and training reforms.

5 (b) The UPPET program will be implemented over a period of 10 years lasting from 2009 to 2018. Implementation will be school-based covering the entire country in all the 84 districts and 13 municipalities.

(c) The Boards of Governors will maintain their statutory obligation of over sight, monitoring and supervision. The PTAs will also be maintained and encouraged to continue supporting the schools. Students will be active participants in the UPPET programme both in class and outside class;

(d) Government will continue providing the necessary personnel to Government Aided Secondary schools (Headteachers, Teachers and Core non-teaching staff like Bursars, Nurses, etc.);

(e) Parents and Guardians will provide lunch, uniforms, stationery and medical care. Parents are also encouraged to provide the core textbooks where the school has not provided them in adequate numbers;

(f) Government will provide basic infrastructure, instructional materials and basic equipment to the participating schools/institutions within the available resources;

(g) Local Governments working with school Board of Governors (BoG) and the Headteachers will play key oversight roles in the management and administration of the UPPET program in their localities.

(h) The Office of the Director of Education will coordinate the implementation of the program and address issues raised by both the public and the stakeholders;

(i) Monitoring, supervision and regular evaluation of the UPPET implementation program will be conducted by various stakeholders to ensure quality and success of the program.

6 3.0 BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENT OF THE COUNTRY

3.1. Location Uganda has an area of 241,500 km² and is bounded by Sudan to the North, the Democratic Re- public of the Congo to the west, Tanzania and Rwanda to the South and Kenya to the East. 15.3% of its land area is covered by water.

Uganda contains and shares some of the world’s most important eco-systems with its neighbours and beyond and notably Lakes Victoria, Albert, Edward, the Nile Basin, its mountain systems such as the Ruwenzori, Elgon and Virunga series as well as several parks.

It has a crucial role to play in the conservation of biodiversity in the sub-region and the world at large.

3.2 Climate and Vegetation

3.2.1 Climate

The Inter-Tropical Convergence Zone (ITCZ) and the air currents such as the southeast and northeast monsoons influence the climate in Uganda. In most parts of the country, the seasons are fairly well marked- as rainy and dry seasons. Depending on the elevation and landscape, the mean temperature over the whole country show great variations. However, in areas adjacent to water bodies such as Lake Victoria, maritime conditions tend to modify the temperatures. The variation in mean monthly and annul evaporation rates are much smaller that corresponding variations in rainfall, which respectively, are 10-20% and 20-40% in the southern and northern parts of the country. The movement of the ITCZ is to a great extent responsible for the variations in meteorological factors that determine evaporation.

Taking precipitation in a given area as the dependent variable, Uganda has fourteen climate zones (figure 2.3). Based on hydro-climatic studies, two zones M and C in the southern region were subdivided along longitude 30 75’ in order to show clearly the relatively dry column along what is popularly known as the cattle corridor. Zone A1 covering the western lake basin, which extends into Masaka and Rakai was also subdivided into two zones in order to separate the eastern part where rainfall is much higher than the western parts with lower precipitation. This gives a total of 7 zones. The future intention is to further subdivide a few more zones, particularly zone B, where there are rather wide variations in the spatial rainfall amounts (WRMD 2003).

When further considered with agriculture and altitude, one can identify two highland agriculture zones in Uganda and seven zones with different agro-climatic potential.

7 8 Table 2: Average pentad wetness indices for all zones

A1 A2 B CE CW D E F G H I J K L ME M W Mean annual zone rainfall (mm) 140 147 125 93 114 132 124 132 76 119 134 140 128 127 105 123 4 2 5 2 5 1 6 7 1 3 2 5 4 5 0 6 1 2 3 4 Jan 5 6 7 8 9 1 Feb 0 1 1 1 2 1 3 1 4 Mar 1 5 1 6 1 7 1 8 1 9 2 0 Apr 2 1 2 2 2 3 2 4

9 2 5 2 6 Ma 2 y 7 2 8 2 9 3 0 3 1 3 2 Jun 3 3 3 4 3 5 3 6 3 7 3 8 Jul 3 9 4 0 4 1 4 4 4 3 4 4 Au 4 g 5 4 6 4 7

10 4 8 4 9 5 0 Sep 5 1 5 2 5 3 5 4 5 5 5 6 Oct 5 7 5 8 5 9 6 0 6 1 6 2 6 3 Source WRMD (2003)

Vegetation

Vegetation is the most practical way of describing the ecosystem of a country, because the different types are most practical and easily observable than most other organisms (Pomeroy et al 2002) although Uganda has been inhabited by people for tens of thousand of years, agriculture, with its modifying effects on vegetation did not begin until 2 300 years ago (Jolly et al 1087). Therefore, one can argue that no ecosystem in the country is completely ‘natural’ in the sense that it is unaffected by human activities (Pomeroy et al 2002). Not all modifying effects origi- nate from Uganda. Osmaston & Kaser (2001) showed that the upper reaches of the Rwenzori

11 Mountain are already showing marked changes with receding ice caps, probably due to global warming.

The studies of Langdale- Brown et al (1964) and the National Biomass Study Program their clas- sifications were considered the most useful and are shown in the tables below:

12 Table 3: The 22 letter grades of the language- brown el al vegetation type and open water. On the left are the corresponding biomes. The approximate extent each type is given in table 2.

Biome L-B Communities Characteristics HIGHALT A. High altitude moorland and Mainly above 3000m, and including the giant species of senecio and lobelia, as well heath as ice and rocks.

D B. High altitude forests Montana forests, above 1500m, and including bamboo zones in some places. E

T C. Medium altitude moist ever- Widespread below 1 500m S

E green forests R D. Medium altitude moist semi-de- Also widespread, typically in the areas of lower rainfall. O

F ciduous forest F. Forest / savanna mosiaics These can extend as high as 3000m, with forest in the valleys and savanna on the ridges, maintained by fire.

S G. Moist thickets Thickets can occur as climax vegetation, but also as pot-cultivation precursors of A

N forest.

N H. Woodlands “..have neither the many layers structure of the forests nor the dense, dominant grass A

V layer of the savannas” (L-B) A

S J. Moist accia savanna Probably derived from forest by “Long continued cutting and burning (L-B)

T K. Moist Combretum savannas Dominated by combretum trees and hyparrhenia grasses S I

O L. Busyrospermum savanna Typical of monomodal rainfall zones in the area of former cultivation. M

S M. Palm savanna Dominated by borassus palms, the grasslands are maintained by fire. D

N N. Dry combretum savanna Fire influenced this type again, acacia is often present too A

L P. Dry acacia savanna

Y Q Grass savanna Extensive tall grasslands, dominated by themeda trindra or species of hyparrhenia R

D R. Tree and Shrub steppes Typical of areas with 6-700mm a year of rain, with many small trees shrubs. S. Grass steppes Areas of short grass and bare ground, mainly in Karamoja T. Bush lands There are characteristic of overgrazed areas which would otherwise be more open savannas V. Dry thickets Dense spiny trees and shrubs which can become almost impenetrable W. Communities on sites with im- Most extensive in valley bottoms and often with large termite mounds covered by pended drainage thickets

11 Biome L-B Communities Characteristics

S WW Open water Not an L-B category, but obviously important. standing water less than 6m deep is D

N classified as wetland under the Ramsar convention. . A

L X. Swamp Permanent swaps, often dominated by papyrus and other macrophytes T

E Y. Swamp forests Seasonally or in some cases permanent flooded forests occur most notably in Sango W Bay area.

N Z. Post –Cultivation communities In the days shifting cultivation, post – cultivation communities were wide spread: O I but many are now cultivated more-or-lass permanently. T A V I T L U C

T S O P Note: our own assessment

Source: Pomeroy et al (2002)

12 Table 4 correspondence between language-brown vegetation types (row) and national biomass categories (column) figures are in sq km.

e e a d d r s s l l y d d d e e n l e n n a a r n n n l t d a c c o o a a a a l a u a i i l l l t s s f t t r

- s p e - h w l a a g d t s e l s t t u s e w a o n a - g u n n r t e r d e o l a a

r s B m a i l l p d t t G l o s s u e p p W o f O

e l d k d B s e r h d c n n e u o g a o o r a f o i l t t l

e m d m w l f r g r

e i i a r a a v n c h o F

i F a o l e p a l C o c d r i a p T o o r r B T A High altitude moorland and heath 0 0 135a 0 339 14a 189 0 0 0 0 0 B High altitude forests 0 30 1,023 295 784 478 187 0 279 0 0 0 C Medium altitude moist evergreen forest 0 5 1,369 212 42 5 145 24 1.125 13 5 270 D Medium altitude moist evergreen forests 19 4 2,486 428 489 27 135 27 1,544 6 0 89 F Forest / savanna mosiaics 13 31 1,054 823 1,354 12 757 109 20,007 103 158 75 G Moist thickets 0 0 126 4 819 232 471 24 850 0 2 60 H Woodlands 0 3 0 0 1,674 16 457 20 1,968 0 0 29 J Moist accia savanna 0 0 61 51 802 74 712 23 4,430 0 1 51 K Moist Combretum savannas 0 2 137 38 2,594 86 1,630 87 10,384 16 11 28 L Busyrospermum savanna 0 0 0 0 8,479 417 3,589 7 13,211 0 2 0 M Palm savanna 0 0 1 1 318 39 776 130 1,367 1 9 10 N Dry combretum savanna 0 37 198 81 13,222 2,581 9,634 116 11,895 6 8 51 P Dry acacia savanna 0 0 17 9 755 2,543 6,831 56 4,105 9 2 26 Q Grass savanna 0 25 118 67 2,012 580 6,395 35 4,432 21 19 133 R Tree and Shrub steppes 0 0 0 0 16 457 837 0 262 0 1 0 S Grass steppes 0 0 0 0 1 106 691 0 0 0 0 0 T Bush lands 0 0 0 0 302 1,503 2,035 0 408 0 0 1 V Dry thickets 0 0 0 1 572 1,800 1,559 71 496 0 0 93 W Communities on sites with impended drainage 1 0 0 13 2,614 1,138 9,601 513 4,685 24 3 138 WW Open water 0 0 64 30 64 17 202 234 174 0 4 34,861 X Swamp 0 1 255 172 675 152 1,671 2,299 2,173 6 11 1,164 Y Swamp forests 0 0 147 1 42 0 46 7 14 0 0 1 Z. Post –Cultivation communities 2 9 65 9 335 134 666 67 5,477 18 26 83 35 149 7,257 2,236 38,305 12,408 49,217 3,847 89,287 223 263 37,162

13 3.3 The People and Population Dynamics

3.3.1 The People

The hospitality of the people of Uganda is acknowledged worldwide. The Uganda constitution 1995 recognizes 46 tribes (GoU 1995) with varying production and consumption patters in the traditional setting. Modes of production and the rural livelihood coping strategies range from mainly cultivators (e.g. Baganda, Bakiga, Bagisu and Basoga) to pastoralists (e.g. the Kaimojog and the Bahima) the rest of the people derive their livelihoods from a mix of livestock keeping and cultivation or agro-pas- toralism. In addition, Uganda has been and still is, home to several thousand refugees from neighboring countries. There are also other non-citizens residing in Uganda as a preferred place for home or where they are engaged in various economic activities. This mosaic provides Uganda with a rich cultural base and opportunities for modern- ization. However, there are also challenges the people of Uganda face, among others are: (i) rapid population growth and the ensuing pressures on the country’ s natural capital; (ii) inadequate provision of, and demand for, social services and infrastructure; and (iii) poor environmental conditions.

3.3.2 Population Dynamics

Growth

In Uganda, the 20th century marked an unprecedented population growth and economic development as well as environmental change. The Census report of 2002 put the country’s population at 24.7 million people in 2003. The current growth rate of 3.4% per year is higher that the 2.9% that was envisaged for the period 1991 – 2002. With the prevailing trends, the population of Uganda is likely to reach close to 50 million by 2025. Figure 2.5 shows the population trends in Uganda from 1959 to 2005. Pop- ulation is a key determinant of economic and social well being and the underlying force behind environmental degradation.

Considering the size of Uganda and comparing this with cities such as Mexico and Lagos whose populations are in excess of 20 and 13 million people respectively, it can easily be concluded that Uganda does not have a problem with its population size. While absolute numbers may suggest Uganda is relatively under-populated, the concern is the inability to provide for these relatively few people. In the absence of adequate social services, even a small population becomes a constraint. In addition, a poor population however small, needs attending to otherwise its people may engage in activities detrimental to the environment especially where alternative livelihood options are limited.

14 Population Trends in Uganda

30 population trend in uganda 25

rs 9 9 0 1 2 3 4 5 a 5 6 8 9 0 0 0 0 e 9 9 9 9 0 0 0 0 Y 1 1 1 1 2 2 2 2

1959 - 6.5, 1969 - 9.5, 1980 - 12.6, 1991 - 16.7, 2002 - 24.7, 2003 - 25.5, 2004 -26.4, 2005 - 27.3

1959 – 2002 = Actual 2002 – 2005 = Programed Source: UN System (2004)

Structure

A look at the structure of the Ugandan population with respect to age composition re- veals that the country is made up mainly of young people (table 2.3). The age group 15 years and below constitutes 49% while those less that 18 years are at 56% of the total population. Interesting to note the fact that children who qualify for enrolment in primary schools (i.e. age group from 6-12 years) constitute 22% of the population!

The proportion of the elderly (dependants) age 60 years and above had decreases from 5.9% in 1969 to 4.5% in 2002. Despite the depicted decrease in the percentage of elderly people, a significant quantitative increase from 556 000 people in 1969 to 1.1 million people in 2002 was recorded (UBOS 2002).

The 2.3 further depicts that the median age of Ugandans has been over time from 17.2 in 1969 to 15.6 in 2002. This indicates that the Ugandan population is becoming younger gradually. When this high population of the young reaches productive age, the result will be a high population growth rate for some year to come (UBOS 2002). Other things being equal, this may also mean increased pressure of the country’s natural resources and possibly higher levels of environmental degradation. On the other hand, a youthful population offers opportunities for the creation of increasing environmental awareness through education within the Universal Primary Education (UPE). The National Environmental Management Authority has already put in place environmental education strategy for the formal sector (NEMA 1997), which has been incorporated into the formal curriculum. What is required is increased levels of operationalisation of the strategy.

15 Table 5 selected percentages of Uganda’s population 1969, 1991 and 2002

Age category 1969 1991 2002 Population aged less than 5 years 19.3 18.9 18.6 Population aged 6 – 12 years 22.7 23.3 22.0 Population aged less than 15 years 46.2 47.3 49.3 Population aged less than 18 years 51.4 53.8 56.1 Population aged 10 – 24 years 27.8 33.3 34.3 Population aged 18 – 30 years 21.7 23.6 22.4 Population aged 60 years or more 5.9 5.0 4.5 Median age 17.2 16.3 15.6

3.4 Morphology, Relief and Drainage

3.4.1 Morphology and Relief

Most of Uganda forms part of the interior plateau of the African continent. Uganda is characterized by flat-topped hills in the central, western and eastern parts of the country. The rise of the plateau in the eastern and western part of the country is represented by spectacular mountain topography located along the borders as, for example, the Rwenzori Mountains and Mufumbira volcanoes in the west and Mt. Elgon, Mt. Moro- to, Mt. Murungole and Mt. Timu in the east. On a straight-line alignment, Mt. Otce in Moyo District is the highest point from the Uganda border up to Cairo, Egypt.

3.4.2 Drainage

Most of the rivers in the southern part of the country drain into Lake Victoria. The waters of the lake them drain the Owen Falls Dam; traversing Victoria Nile and Lake Kyoga into Lake Albert (Lake Albert also receives water from DRC mainly through river Semuliki), the Albert Nile or White Nile in Sudan, down to the Mediterranean sea through Egypt. The drainage pattern represents past geological adjustments, which include the reversal of the direction of flow of the rivers in Uganda, which originally flowed westwards to Lake Victoria. Areas of impended flow are due to the influence of warping and are associated with the wetland areas. The lakes in Uganda cover almost one-fifth of the total are of ht country, Lake Victoria, shared with Kenya and Tanzania, is the biggest water body and has spectacular scenic contrasts. It is the second largest fresh water lake in the world. Other lakes of interest are the crater lakes on the western part of the country associated with the western rift valley. The management of the waters and fisheries of lake Victoria, Edward and Albert, which are trans boundary, calls for the need for cooperation with neighboring countries with whom Uganda shares these water bodies. This cooperation is strong in the case of Lake Victoria largely for historical and colonial reasons, but not so for the others as yet. Nevertheless, it is gratifying to note that Uganda, the DRC and other countries have formed the Nile Basin Initiative.

3.4.3 Geology and Soils

16 The geological formations of Uganda reveal very old rocks formed in the pre-Cambri- an era around 3000 or 600 million years ago. The younger rocks are either sediments or of volcanic origin, formed from about 135 million years ago (cretaceous period) to the present. Thus, a gap of about 460 million years remains in the knowledge of the geological history of Uganda. A number of parameters define the soils of Uganda and these include parent rock, and the age of soil and climate. The most dominant soil type in ferralistic soil, which accounts for about two-thirds of the soils found in the country. Based on studies carried out in the past (NEMA 1996), Uganda’s soils are divided into six categories according to productivity: (a) very high to high productivity, (b) moderate productivity, (c) fair productivity, (e) low productivity (e) negligible productivity and (f) zero productivity. The high productivity soils cover only 8% of the area of Uganda (MWLE 2001). Considering the country’s size, this is indeed a small area. Therefore, moderate and fair productivity soils must be effectively managed in order to sustain Uganda’s agriculture. Furthermore, through intensive but sustainable agricultural practices, yields on low productivity soils can be enhanced.

3.5. Natural Resources

3.5.1 Atmospheric Resources

Climate is an important resource. Of concern to Ugandans are issues of climate change and climate variability, both imposing adverse impacts on livelihoods, especially of the rural poor. Global research indicates the direct linkage of biodiversity and climate change. The country is a net sink for greenhouse gases. But atmospheric gases know no national boundaries, hence Uganda is also impacted adversely by increases and fluctuation is the earth’s temperature. Increased frequencies of floods and droughts are manifestations of climate change. The erratic onset and cessation of rain as a result of climate variability make it difficult for farmers to plan when to plant crops. There have been instances of frequent crop failures of late. Hence, to reduce vulnerability to the deleterious effects of climate changes and climate variability, adaptation plans including early warning systems need to be put in place.

3.5.2 Terrestrial Resources

Land resources and agriculture

Land is a limiting factor in production. Access to land is increasingly becoming difficult, especially for the poorer segments of society. Land degradation, especially through soil erosion is the single largest contributor to the annual cost of environmental degradation. Loss of soil nutrients is the reason the country’s adjusted net savings are negative, in the absence of other compensatory factors.

With respect to agriculture, the country’s dominant development pathways are: expansion of cereal production; expansion of banana-coffee production; non-farm development; expansion of horticulture; expansion of cotton; and stable coffee production pathways all have implications for the environment which will have to be addressed whichever pathways are followed.

Forestry Resources

17 Except for some recent policy failures, the loss of forest cover in gazetted areas has been reducing and total cover is stabilizing. Unfortunately, forests in protected areas make up only 30% of the national forest cover. The remaining 70% are on private and customary land where deforestation rates are high as a result of conversion of forest areas into agricultural and pastoral land. Furthermore, the country’s harvestable timber resources are almost exhausted. Hence, to increase forest cover and ensure increased supply of timber, the Sawlog Production Grant Scheme and other licensing measures including charging economic rents for timber are in place. Furthermore, to ensure that rural communities are being promoted through sector activities. In recognition of the scarcity of land and goods and services provided by trees, agro-forestry schemes are also being promoted as integral components of farming practices.

Rangeland resources and livestock production

Rangelands, mostly found in the ‘cattle corridor’ occupy 107 000km2 or 44% of the country’s land area. In some places, the conditions of the rangelands are deplorably over-grazed or, and through wind and soil erosion, bare. The rangelands are also located in arid and semi-arid areas, themselves fragile ecosystems. In the extreme, pas- ture and water scarcities are contributing to frequent conflicts between cultivators and pastoralist in the first place, and among pastoralists themselves.

The number of cattle, goats and sheep is on the increase and hence there is need to pay attention to the carrying capacity of Uganda’s rangelands. There is anecdotal evidence that in some locals the carrying capacities of the rangelands are being exceeded. Unfortunately, nobody knows for sure. The need for a livestock census including off- takes, rangelands’ conditions and carrying capacities is crucial at this time.

On the other hand, piggery and poultry are intensive operation. Large scale piggery and poultry operation can generate significant pollution problems. From 1999 to 2003, the number of pigs and birds has reduced somewhat for a variety of reasons.

Wildlife resources

Conservation or resistance to it, are the driving forces influencing Uganda’s wildlife resources. Wildlife constitutes an important resource base for the country – as a source of food and materials, for recreation, tourism, nature studies, scientific research. Wildlife resources occur in protected and un-protected areas. By 1994, wildlife populations whether inside or outside protected areas represented a small fraction of what they were in the 1960s, with some species such as both the black and the white rhino becoming extinct. By 2004, the populations of wildlife in protected areas had stabilized, and some even increased, although marginally so. Outside protected areas, the decline in wildlife population continues almost unabated as a result of increased off-take, the blocking of migratory routes and habitat conversions, among others. The Uganda Wildlife Authority is piloting the conservation of wildlife populations outside protected areas through measures such as the operationalisation of the different classes of wildlife use right provided for in the Wildlife Act. Also, communities adjacent to wildlife protected areas are being encouraged to appreciate the presence of wildlife through benefits (including revenue) sharing.

Mineral resources

18 Reading from geological formations, there is a significant mineral potential in the country. However, the exact locations of commercially-exploitable deposits in most cases are unknown. Of the ones that are known, on a base case scenario, the value of mineral production is expected to rise from the 2003 figure of $12 million to over $100 million/ year. While on the best case the value is expected to increase to over $200 million/year. However, the realization of these programs is contingent upon availability of sufficient pre-investment capital for prospection and capital for production.

When increased mineral production is realized, it will bring with it higher levels on pollution which will have to be mitigated, through among others, the use of EIA guidelines for the Mining Sector and regular supervision of mining operations.

3.5.3 Aquatic Resources

Wetlands

Wetland covers about 13% of the area of Uganda and provides a number of direct and indirect values to the people of the country. Up to late 1980s, wetlands were generally considered ‘wastelands’ to be reclaimed for agriculture in rural areas, and ‘drained’ as anti-malaria measures in urban settings. By 1994, the need for conservation was realized and the process of formulating an appropriate policy on wetlands was initiated.

By 2001, wetlands came to be regarded as ‘granaries of water’. From being a program in 1994, wetlands had by 2005 obtained an institutional home within government structure. Wetlands are now better known and better characterized with detailed information up to the district level. The 56 districts then existing by 2004 all had Dis- trict Wetland Action Plans. Some communities in a few districts have gone ahead and prepared Community Wetlands Action Plans. The management of wetlands is gov- erned by a 10 year Wetlands Sector Strategic Plan which qualified for funding under the Poverty Reduction Action Fund. Despite such an impressive achievement the implementation of the various action plans is constrained by lack of resources.

Furthermore, despite a wide array of achievements, wetlands, degradation is still evi- dent- some for basic survival needs of the poor, others as a saving measure where land purchase prices are high, and yet others are the result of ignorance about ownership and legal boundaries of wetlands. Perhaps the most important reason for continued wetland degradation is weak enforcement of the applicable environmental laws and fairly low levels of awareness among policy makers and rural communities.

Water is life, and Uganda has significant quantities of the resource. From both hydro- logical and social water scarcity considerations at the moment, Uganda is not water stressed. However, by 2025, indications are that there will be reason to worry as a result of increasing demands for human, livestock, wildlife, irrigation and industrial water. Uganda is ranked in a group of countries that must plan to secure more that twice

19 the amount of water they used as 1998 in order to meet reasonable future requirements.

The quality of the water from available sources is another area of concern principally as a result of pollution – residential, industrial and agricultural land discharges into the open water bodies. To some extent the buffering capacity of wetlands is making a contribution towards reductions in pollution, but this will continue only if the integrity of the wetlands can be sustained.

Fisheries

The fisheries resource of Uganda has been an important source of high quality solid animal protein. On average Ugandans were consuming about 13kg/person/year by 1994. As of 2005, this consumption was estimated to have declined to about 13kg/person/year, mainly as a result of increasing scarcity and cost. Exports of fish products are also on the increase. The twin effect of increases in domestic consumption as a result of population growth, the higher levels of export demand has pushed fisheries capture close to its long-run sustainable supply and is threatening to exceed it. There is evidence of localized over-fishing in certain water bodies. Two lakes (Victoria and Kyoga) and two species (Nile Perch and Tilapia) account for over 80% of annual harvest, implying a high level of selectivity. On the other hand, the Nile Perch, a carnivore, is having a divesting effect of the fish biodiversity of the Victoria and Kyoga.

A few fisheries policies are in place and seek to address, among others, enhanced aquaculture development by adding 100 000 tones per year in the fisheries capture of about 330 000 tones so as to raise combined long run sustainable supply to 430 000 tones at least. The development of aquaculture at this magnitude will call for a com- bination of commercial and artisanal products. Both modes of production have the potential to generate significant adverse environmental impacts which need to be mitigated. Due to the uniqueness of aquaculture, specific environmental environment impact assessment guidance may have to be developed for this activity.

3.5.4 Cross-Sectoral Resources

Energy

The dominant source of energy in Uganda is biomass and this is expected to remain so in the foreseeable future in spite of plans to increase hydropower energy production. However, the share of clean energy in total consumption is gradually increasing, in part as a result of programs like the Energy for Rural Transformation. Production of energy is being liberalized, attracting an increasing interest among private in- vestors. The adverse environmental effects of clean production are mitigated through the EIA guidelines for Uganda 1997 and the EIA guidelines for the Energy Sector.

Biomass energy will continue to be an important source of energy, especially for the rural poor, who constitute the majority of Ugandans. In some districts, the scarcity of biomass is already beginning to have impacts on the quality of food prepared. Users are opting for easy to cook but often less nutritious foods. There is need to encourage

20 agro-forestry practices so that users can raise their own biomass energy requirements in conjunction with farming practices.

There are some efforts to diversify clean energy sources through the promotion of some renewable energy such as solar and biogas. Unfortunately, the investments required are still at a level which the rural poor cannot afford. Geothermal energy on the other hand, has potential for increased electricity production. There are at least two promising sites awaiting development.

Biodiversity

Uganda is endowed with a very rich and varied biodiversity due to its biogeographi- cally setting, varied altitudinal range and extensive drainage systems. This biodiversity is a national asset supporting rural livelihoods and contributing to commercial economic activities. The contribution of Uganda’s biodiversity resources, organisms or parts thereof, population or other biotic components of ecosystems with actual or potential value for humanity has been estimated at $1000 million per year, balanced against economic costs of $ 202 million plus loses to other economic activities of about $49 million per year.

While Uganda continues to lose some of its rich biodiversity, the rate of loss has been reduced somewhat. Reflected in terms of living Uganda Index, the country out-per- forms Planet Earth as a whole when Living Planet Index is considered. The loss of biodiversity in protected areas has to a great extent been stopped and the trend re- versed between 1990 and 2005. Outside protected areas biodiversity loss was still continuing as of 2005. the loss of biodiversity is largely the result of habitat conversion and introduction of exotic species.

Tourism

The rich biodiversity is one of the reasons tourist come to Uganda. The programion of the tourists arrival from a base of 68 000 in 1993 was about 140 000 by 2002. In retrospect this programion turned out to be conservative because by 2002, actual tourist arrival reached an impressive number of 254,000 and by 2004, this number had increased to over 500 000 tourists who generated gross foreign exchange earnings of $31 million. Still more tour revenues are needed if protected areas are to move towards higher levels of financial self-sufficiency instead of depending on government subventions and development-partner assistance.

Increased levels of tourist arrivals have several implications for the environment. First, there are potential adverse impacts as a result of the interaction of different cul- tures. Second, continued growth in tourists’ numbers may move towards and gradually beyond the carrying capacity of tourist attractions. Thirdly, the development in infrastructure such as roads and lodges also come with potential adverse impacts which have to be mitigated.

21 While the growth in tourist numbers and earnings in the aggregate is welcome, it also raises equality issues. For example, rural communities are currently receiving minimal benefits from tourism; and their participation in tourism ventures is limited.

3.6. THE SOCIO-ECONOMIC AND CULTURAL ENVIRONMENT

3.6.1 Human settlements, housing and urbanizations

In general and particularly in rural areas, settlement patterns are wasteful of land and increase the cost of providing services to the areas. The settlements are also largely unplanned; and where plans exist they are often not adhered to.

The quality of Ugandans’ housing has improved over the years. When compared to the situation in 1991 where over 85% of the households in both urban and rural areas has rammed earthen floors, by 2oo2 only 29% urban and 77% rural households had the same. The UPPET of mud and pole for walls has also declined relieving the pressure somewhat on the natural forests and woodland areas, but this change may also mean more clay mining for bricks and stone quarrying both of which have adverse impacts on the environment unless mitigated.

Although Uganda is one of the least urbanized countries in the world in absolute terms, the urban population is growing. Beginning from about 635 00 in 1969, the urban population increased to 938 00 in 1980, 1,890,000 in 1991 and 2 922 00 in 2002. The urban population is also growing faster (3.7%) than the national average (3.4%). The growth in the urban population means that pollution issues such as solid wastes management, and the provision of adequate safe water and acceptable level of sanitation coverage will have to be addressed.

3.6.2 Safe water and sanitation

Access to safe water and sanitation in both urban and rural areas has increased compared to the situation 10 years ago. For example in 1991, only 11 towns had the services of the National Water and Sewage Cooperation. Now the corporation covers 19 towns. By 2004, rural access to safe drinking water had increased to 57% while the urban one was at 67%. If current trends continue, and incremental investment funds are procured, Uganda should meet its Millennium Development Goal on water supply.

While safe water access per se has improved, functionality of water points is another key issue. Also, the costs of water in urban areas and the distance traveled to and queuing at water points in rural areas easily undermine accessibility. As far as sanitation is concerned, latrines coverage, the board indicator (as a measure) of environmental health had improved from 41.7% in 1999 to in 2002.

3.6.3 Pollution

As Uganda’s urban areas increases in number and the urban population grows, pollution, whether air, noise, water solid waste, are emerging as significant issues in environmental management. Standards have been established for noise and air pollution

22 and effluent discharge, but enforcement of the standards notwithstanding is still inadequate. However, while guidelines have been developed for solid waste management, a stronger law is required and the pre-requisite is a national policy on solid waste management.

The Uganda Cleaner Production Center is assisting several companies to reduce wastes generation, by conserving raw materials, substitution of toxic and dangerous materials, and recovering, recycling and re-using by-products, among others.

3.6.4 Poverty

Headcount poverty has declined from 56% of the national population in 1992 to 38% by 2004. On the other hand, the gap between the rich and the poor is widening. For the poor, natural resources constitute important ‘gift of nature’ and social safety nets on which their livelihoods depend all the time or at certain critical periods such as droughts.

The poor are agents of environmental degradation because they have limited livelihoods alterative. They are also at the same time victims of environmental degradation because their coping abilities are limited.

3.6.5 Environmental health

Over 80% of all the diseases in Uganda can be ascribed to poor environmental conditions. Malaria is the number one killer disease because mosquitoes have fertile breeding grounds. Water-borne diseases or water-related diseases are a result of poor sanitation. Respiratory diseases are encouraged by poorly ventilated houses and dusty environments as well as congestion in such dwellings.

The sick cannot be counted on to invest in environmental management, such as proper soil and water conservation measures. The sick are also unable to be productive and look for opportunities elsewhere, hence resulting in a heavy dependency in the available natural resources in the immediate vicinity.

Treatment costs mean the diversion of a greater share of user-income to purchase drugs and to consult with medical personnel, leaving little else for other expenditures, including purchase of food items. It is no wonder then that malnutrition is one of the important health problems among infants and young children in Uganda.

3.6.6 Cultural heritage

Cultural heritage is part of humanity’s link with the world and its past, its achievements and discoveries. The National Environmental Act provides for the protection of the country’s cultural heritage. Approximately 187 cultural, historical and para- archeological sites have been identified and there specific locations recorded. Unfortunately, Uganda’s cultural heritage had not featured prominently among the county’s tourist attractions. Yet the promotion of cultural heritage as a tourist attrac- tion could enhance community participation and even bring districts on board with respect to tourism.

23 4.0 OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGE- MENT FRAMEWORK (ESMF)

4.1. The objective of this ESMF

The objective of this ESMF is to provide an environmental and social screening process, outline the typical environmental and social mitigation measures, and estimate corresponding budget and capacity building measures for implementation of UPPET investments and activities. Since the precise locations and potential negative localized impacts of future activity associated with construction UPPET infrastructure could not be identified prior to appraisal, the program has prepared this ESMF.

The ESMF is intended to be used as a practical tool during program formulation, design, implementation and monitoring. It describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of future investment activities. It also provides guidance in cases where the screening results indicate that a separate Environmental Impact Assessment (EIA) is required.

This ESMF has been prepared in recognition of the fact that Uganda’s regulations on EIA include a tool only for pre-assessment of programs based on preliminary environmental information. The provisions of the national laws on EIA are less comprehensive than those of the World Bank’s OP.4.01: Environmental Assessment which calls for the environmental screening of all Bank-financed programs, and subsequently the assignment of an environmental category, ranging from category A (significant negative impacts); to category B (impacts less significant than those of category A) and which can be mitigated effectively); to category C (no significant environmental impacts, and hence, no additional environmental work required), and FI for financial intermediary operations.

In addition, the assessment form for programs at the level of the NEMA seem not only very brief and even incomplete in the procedures for program classification but also in the conditions for the execution of related environmental assessments.

To close this gap, an Environmental and Social Screening Form (ANNEX 1) contained in this report has been designed to assist in the evaluation of planned sub-program investments under this programme. The form is designed to place information in the hands of implementers and reviewers so that impacts and their mitigation measures, if any, can be identified and/or that requirements for further environmental impact assessment be determined.

According to Ugandan Environmental laws, specific investment activities require EIAs, whereas there are no clear EIA requirements for activities of a smaller scale, but which might have negative localized impacts that would require appropriate mitigation. This is the reason why this program will UPPET the environmental and social screening process outlined in this ESMF. This process will allow the MoES to identify, assess and mitigate potential negative environmental and social impacts at the conception and planning stages of investment activities, and, if necessary, carry

24 out separate EIAs for sub-programs should the screening results indicate the need for such.

The ESMF will assist reviewers to assess the potential adverse impacts due to the construction, rehabilitation and operation of a variety of sub-programs on local bio-physical and social environment. The ESMF will also identify potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. As mentioned earlier, any resettlement and/or compensation measures will be implemented in accordance with the RPF, and the requisite Resettlement Action Plan (RAP) will have to be completed and implemented before any investment activities can begin.

The ESMF includes an Environmental Management Plan (EMP) for the program’s implementation. This EMP outlines the institutional arrangements for the implementation of mitigation and monitoring measures, timeline, capacity building and training measures, and cost estimates for these activities under the proposed program. A summary table is provided in chapter 9. The EMP will be included in the Program Imple- mentation Manual.

The screening process outlined in this ESMF is consistent with the Bank’s safeguard policy OP 4.01 Environmental Assessment. This policy requires that all Bank-financed operations are screened for potential environmental and social impacts, and that the required environmental work be carried out on the basis of the screening results. Thus, the screening results may indicate that (i) no additional environmental work would be required; (ii) the application of simple mitigation measures by qualified staff would suffice; or, (iii) a separate environmental impact assessment (EIA) would be required.

It should be noted that any sub-programs that have been assigned the environmental category A will not be funded, because the parent program has been categorized as B.

Although the potential negative environmental and social impacts of Universal Post- Primary Education and Training programs’ activities are expected to be minimal, potentially significant localized impacts may occur, thus requiring appropriate mitigation. Potential negative environmental impacts such as pollution, waste management, loss of vegetation, soil erosion, soil and groundwater pollution, degradation at natural source points, etc will be addressed at the district level by the District Environmental Officers providing the best practices to be incorporated into the sub-program design.

The specific dispositions in this regard will be incorporated in the EMPs for the sub- programs in question.

Potential social impacts due to land acquisition such as loss of assets, livelihoods or loss of access to economic assets would be addressed in the context of the Resettle- ment Policy Framework (RPF). The RPF has been prepared as a separate document and outlines the policies and procedures to be applied in the event of land acquisition, loss of assets and access to resources and services amongst other impacts.

25 4.2 Methodology used to prepare the ESMF

The present ESMF and the RPF was prepared based on the following methodology a) Review of existing literature including the following:  State of the Environment Report in Uganda, 2004/2005 by NEMA,  District and Urban Councils Development Planning Guidelines, 2006,  The National Environment Statute 1995,The Environment Checklists for Dis- tricts/Municipalities, Sub-counties/Town Councils and Parishes/Wards with the appropriate mitigating measures for predicted adverse impacts,  World Bank Safeguard Policies,  The Universal Post-Primary Education and Training Act, 1997, b) Review of the Land Tenure System including resettlement issues such as compensation and conflict resolution mechanisms. c) Consultations were carried out with the Physical Planning Commission, NEMA, the Ministry of Lands and Housing, Ministry of Health, Ministry of Works, Technical Officers at District Level d) Discussions were also held with key institutions of Universal Post-Primary Educa- tion and Training, Communities, NGOs and all other stakeholders in order to better articulate the requirements of environmental and social management of the develop- ments and services to be provided under this program.

Field visits were made to five districts and two municipalities with the view to evalu- ating the constraints encountered in the implementation of sound environmental and social management plans, particularly for UPE and proposed UPPET programs, and to ascertain stakeholders’ views regarding the proposed program.

26 5.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK FOR ENVIR- ONMENTAL MANAGEMENT

In this section the policies, legal and institutional frameworks for environmental management in Uganda are summarised including national legislation and international conventions subscribed to:

5.1. Policy Framework

5.1.1 Uganda’s Vision 2025

In ‘Vision 2025’ Ugandans set themselves many goals to achieve by the year 2025. The goals range from political, economic, social, environmental, and cultural among others. Concerning the environmental goals, Ugandans aspire to have a sustainable social-economic development that ensures environmental quality and the resilience of the ecosystem. The elements of this aspiration, to take into consideration include;

 Utilisation of biological resources in a manner that does not undermine their continued existence;  Social-cultural systems which foster both intra and intergenerational equity in the use of environmental resources;  Stability of the national and global biological and physical systems which guarantees the resilience of the ecosystem overtime;  Pollution-free, healthy and beautiful environment.

5.1.2 Uganda’s Environmental Action Plan (NEAP)

Uganda’s Environmental Action Plan seeks to promote and implement sound environmental policy. The UEAP represents the culmination of a series of initiatives and activities coordinated by the NEMA. It is the master plan for the environment in Uganda and contains a National Environment Policy, Framework Environmental Le- gislation and Environmental Strategy. The NEAP consists of Sectoral Plans for the medium and long term intended to lead to sustainable development in the country.

The NEAP has been innovative and included the following steps: (i) The development of a National Consensus on the NEAP, (ii) The setting up of the National Environmental Management Council, (iii) The establishment of the NEMA, (iv)The enactment of the legislation of the National Environmental Management Act, (v) The establishment of Working Groups to address thematic environmental issues.

The successful coordination and implementation of all the measures in the NEAP calls for national and international consensus and cooperation. The other environmental strategies of note existing are:

 The National Strategy and action Plan on Biodiversity Conservation,  The National Strategies on Protection of Wetlands and Water Bodies,  The National Strategy on Climate Change,  The National Action Plan to combat Desertification.

27 The NEAP puts special emphasis on environmental management, pollutions and nui- sances, and the necessity to safeguard the well-being of the populations.

5.1.3. The National Environment Management Policy

The National Environment Management Policy for Uganda (1994) is the cornerstone of the country’s commitment to social and economic development that is environmentally sustainable and brings the benefits of a better life to all. The National Envir- onment Management Policy gives the overall policy framework, which calls for sustainable development that maintains and enhances environmental quality and resources productivity to meet human needs of the present generation without com- promising ability of future generations to meet their own needs.

The framework points out cross-sectoral guiding principles and strategies to achieve sustainable socio-economic development. The policy sets a guiding principle that En- vironmental Impact Assessment should be required for any activities which cause significant impact on the environment

Other relevant policies to be considered in the implementation of UPPET include the Land Policy, the National Wetlands Conservation and Management Policy, the Na- tional Forestry Policy, the Water Policy, the National Health Policy, the National Forestry Policy, and the National Gender Policy.

5.1.4. Social Strategies: The Poverty Reduction Strategies

The Poverty Reduction Strategies aim to provide the blueprint for economic and social development and reflect the commitments of both the Government and its extern- al partners. The overall goal is to reduce income disparities and disparities in access to sources of income and empowerment. The PRSPs concentrate on four development objectives. To avoid the occurrence of the weaknesses in the previous strategies, the already guaranteed political commitment must be translated in terms of ensuring performance-based management towards implementation. Allocating adequate resources to support the planned activities must also be reinforced by:  Creating an enabling Policy for Environmental Management, for Economic Growth and Poverty Reduction,  Improving Productive Capacity and Social Protection of the Poor and Vulner- able,  Increasing coverage of Basic Social Services needs of the poor and vulnerable (Social Protection/Safety Nets),  Building the Capacity of Local Communities & Civil Society Organisations to play an active role in the process of poverty reduction;

Issues of development concerns (Gender, Environment, Nutrition, HIV/AIDS, Popu- lation, Governance and Youths) are now integrated/mainstreamed into the above four pillars to be addressed using cross-sectoral approach.

28 5.1.5 Medium and Long term Plans

As the education sector is an active and evolving organism, any long-term plan must seriously take into account current activities and medium-term goals and plans. These are articulated in several documents: the Aide Memoires of the annual Education Sec- tor and Sports Reviews as well as the Planning and Budgeting Workshops held since the inception of Sector Wide Approach (SWAp) in 1998, the Mid-term Review of the ESIP 1998-2003 undertaken in February 2003, the logical framework/strategic plans drafted by departments subsequent to the Mid-Term Review, and the National Poverty Eradication Action Plan (PEAP).

5.1.6 The Government White Paper on Education

The 1992 Government White Paper on Education is the basis of official policy on the purposes and programs of education. While some of the programs have been revised as a result of intervening events, the White Paper’s articulation of the purposes of Uganda’s education system in particular secondary education continues to be the supreme guidance for the sector. Its aims are to promote citizenship; moral, ethical, and spiritual values; scientific, technical and cultural knowledge, skills, and attitudes; literacy and equip individuals with basic skills and knowledge - in short, “to contribute to the building of modern, integrated, self-sustaining and independent national economy.”

5.1.7 International Long-term Commitments

Uganda has two sets of commitments to the international community that have an impact on its long-term plans. These are the Millennium Development Goals (MDGs) and the Education for All goals (EFA). The Plan is in line with these broad sets of goals. The Millennium Development Goal that is relevant to the Ministry of Educa- tion and Sports is to ensure that by 2015 boys and girls are able to complete a full course of primary schooling and that gender disparities would have been eliminated at the primary level by 2005 and at all levels by 2015. The Education for All goals (set in Jomtien in 1990 and reaffirmed in Dakar in 2000) include completion of free and compulsory basic education of good quality, equitable access by all children, elimination of gender disparities, and achievement of measurable learning outcomes, especially in literacy, numeracy, and essential life skills.

5.2. Legal Framework

5.2.1 International Conventions

Uganda is signatory to several international conventions and agreements amongst which the most important are the following:

Table 5.1: International conventions to which Uganda is a signatory

Convention Objective African Convention on the Conser- To encourage individual and joint action for the vation of Nature (1968) conservation, utilization and development of soil, water, flora and fauna for the present and

29 Convention Objective future welfare of mankind, from an economic, nutritional, scientific, educational, cultural and aesthetic point of view. Convention on wetlands of Inter- To stop the progressive encroachment on and national Importance especially as loss of wetland now and in the future, recogniz- Water Fowl Habitat- Ramsar Con- ing the fundamental ecological functions of wet- vention 1971 lands and their economic, cultural, scientific and recreational values Convention Concerning the Pro- To establish an effective system of collective tection of World and Cultural Her- protection of the cultural and natural heritage of itage 1972 outstanding universal values Convention on the International To protect certain endangered species from over Trade in Endangered Species of exploitation by means of a system of import/ex- Wild Flora and Fauna – CITES port permits 1973 Convention on the conservation of To protect those species of wild animals that mi- migratory species of Wild animals grate across or outside national boundaries 1979 Vienna Convention for the protec- To protect human health and the environment tion of the Ozone Layer 1985 against adverse effects resulting from modification of the ozone layer Montreal Protocol on Substances To protect the ozone layer by taking precaution- that deplete the Ozone layer 1987 ary measures to control global emissions of substances that deplete it Basel Convention on the Tran- To set up obligations for the state parties with a s-boundary Movement of Haz- view to: ardous Wastes and their disposal  Reducing trans-boundary movements of waste subject to the Basel Convention to a minimum consistent to the environmentally sound and different effects of such wastes  Reducing trans boundary movements of waste subject to minimizing the amount and toxicity of hazardous wastes generated and ensuring their environmentally sound management Convention on Biological Diversi- To promote diversity and sustainable use ty- CBD 1992 Encourage equitable sharing of benefits arising out of the utilization of genetic resources United Nations Framework Con- To regulate the levels of green house gases convention on Climate Change UN- centration in the atmosphere so as to avoid the FCCC – 1992 occurrence of climate change on a level that would impede sustainable economic development, or compromise initiative in food production United Nations Convention to To combat desertification and mitigate the ef- combat Desertification –UNCCD fects of drought in countries experiencing seri- 1994 ous drought and or desertification

30 Convention Objective Lake Victoria Fisheries Organiza- To regulate and enhance fisheries in Lake Victo- tion 1994 ria covering Uganda, Kenya and Tanzania Lake Victoria Environnent Program for the management of the environment Management Programme 1994 in the Lake Victoria region addressing water quality, land use, wetlands, fisheries and control of water hyacinth Kagera Basin Agreement 1997 Forum for cooperation between the Kagera Basin States of Uganda, Tanzania, Rwanda and Burundi to ensure that environmental conditions are taken into account in development programs Technical Cooperation Commit- Promote Basin wide cooperation for the inte- tees for the promotion of resources grated and just development, conservation and Development and Environmental use of the Nile Basin water and to determine the Protection of the Nile Basin 1992 equitable entitlement of each state of the Nile Basin Cooperation enforcement Opera- Directed at controlling illegal trade in Wildlife tions Directed at illegal trade in and Wildlife products Wild Fauna and Flora ( the Lusaka Agreement ) 1996 Inter-Government Authority in De- Regional Forum for conflict Resolution and en- velopment 1986 vironment management particularly early warning system and food security. Covers Sudan, Eritrea, Djibouti, Ethiopia, Kenya, Uganda and Somalia

5.2.2 NATIONAL LAWS AND REGULATORY STANDARDS

5.2.2.1 The Constitution of the Republic of Uganda

This is the supreme law of the land. The constitution provides for, inter alia, matters pertaining to land, natural resources (such as swamps, rivers and lakes) and the environment. Objective XXVII of the constitution declares that the state shall promote sustainable development and public awareness of the need to manage natural resources and to ensure that the utilisation of the natural resources of Uganda shall be managed in such a way as to meet the needs of present and future generations.

Under Article 237 (2) of the Constitution, the government hold in trust for the people and is required to protect natural lakes, rivers, wetlands, forest reserves, game reserves, national parks and any land to be reserved for ecological or tourism purposes for the common good of all citizens. In this regard, it is in the interest of the Govern- ment of Uganda that all socio-economic development activities protect and preserve the environment from abuse, pollution and degradation, thus sustainable development.

31 5.2.2.2 National Environment Act CAP 153

The National Environmental Act CAP 153 defines programs in the third schedule for which an EIA is a requirement. It also provides for guidelines and regulations for undertaking an EIA and emphasizes public participation in the conduct of an EIA.

Sections 19, 20 and 21 of the Act lay out the EIA process, and Sections 22 and 23 make it a requirement to undertake environmental audits and monitoring of the ex- ploration drilling activities.

The National Environment Act also established the National Environment Manage- ment Authority (NEMA), which is charged, inter alia, with the responsibility to oversee, coordinate, supervise and operationalise the EIA process in Uganda. This is done in liaison with lead agencies, which may be a ministry, department, parastatal, Uni- versal Post-Primary Education and Training or public officer in whom any law vests functions of control or management of any segment of the environment.

Over the years, NEMA has issued several guidelines and regulations to ensure sustainable management of the environment. For implementation of UPPET the following will be critical.

 The National Environment Impact Assessment Regulations S.I. No. 13/1998  The National Environment (Wetlands, River Banks and Lake Shores Manage- ment) Regulations, 2000  The National Environment (Noise Standard and Control) Regulations (2002)  The National Environment (Waste Management) Regulations 1999  The National Environment (Standards For Discharge of effluent into Water or on Land) Regulations, 1999

5.2.2.3 Other key legislation and regulations include the following:

 The Water Act CAP 152  The Water Resources Regulations 1998  The Land Act 1998  The Public Health Act, Cap 281

5.3 The EIA Process in Uganda

The EIA guidelines (NEMA 1997) and the EIA regulations (NEMA 1998) recognize the following stages of the EIA process:  Project brief formulation;  Screening;  Environmental Impacts Study;  Decision Making; and  Environmental Monitoring and Auditing.

32 In addition public consultation is required throughout the EIA process. The figure below gives an overview of the EIA process showing the responsibilities and the necessary inputs and outputs of an EIA study. The key stages of the EIA process are then summarized in the following sections.

33 EIA Step Output/Input

Submission of Project Brief to NEMA No

Project Brief Review Project rejected g n

i Yes n

e Screen 1 Certificate of approval of e r

c Is project exempt from EIA? EIA S No Screen III Yes Are adequate Certificate of approval of Screen II mitigation measures EIA Does Project incorporated require mandatory No No EIA Yes EIR incorporates Certificate of approval of Yes adequate mitigation EIA and is resubmitted

Scoping

y Stakeholder consultation d Submission of Scoping report including Terms of u t

S Reference (ToR) for EIS to NEMA

I E Stakeholder consultation Review of ToR

EI Study Public and stakeholder Submission of EIS to NEMA consultation n o i s i

c Review EIS Stakeholder consultation e D

Approval of EIS Certificate of approval of EIA

Decision on project according to economic, Record of decision environmental and social aspects

Project implementation including mitigation measures according to EIS

Monitor project impacts Submit monitoring report according to EIS to Stakeholder consultation NEMA and MEMD

Monitor Compliance

Responsibility of Developer

Responsibility of Developer, promoter Responsibility of NEMA Responsibility of NEMA in consultation with Lead Agency Figure: The EIA process in Uganda

34 5.3.1 Preparation of Project Brief

A concise project brief shall be prepared by the developer for submission to NEMA. This shall provide essential project information to guide NEMA on the screening criteria to which the proposed project should be subjected. The report shall include the following key information:  Contact details of developer;  Characteristics of project;  Project description;  Reasons for project;  Background to the project;  Project site;  Baseline data;  Physical form of the development;  Construction practices;  Operations;  Preliminary analysis of alternatives;  Other large projects within the area of influence of the proposed project;  Characteristics of the potential impacts;  Nature extent and magnitude of impacts;  Probability of impacts;  Duration frequency and reversibility of impacts;  Mitigations measures proposed; and  Transboundary nature of the impacts. In the case of UPPET, preparation of these briefs will the responsibility of MoES, District Local governments and the School Authorities, specifically, the District Envi- ronmental Officers will coordinate these efforts and where necessary guided by an EIA practitioner certified by NEMA.

5.3.2 Environmental Screening

The objective of screening is to determine the extent to which a project is likely to affect the environment and therefore, be able to determine the level of assessment required. Screening is generally guided by the following criteria:  Size or location of project;  Type of project; and  Potential impacts compared against set thresholds and standards.

35 There are three screening stages:  Screen I: The first screening decides on the projects that do not require an EIA.  Screen II: Projects that require mandatory EIA are directly subjected to a detailed EIS.  Screen III: Projects that do not fall under any of the above two categories do not require a mandatory EIA though they are associated with some adverse impacts. If adequate mitigation measures are already prescribed for a project, it can be approved directly, and if not, then an Environmental Impact Review (EIR) is required. Depending on the results of the EIR, the project can be approved or subjected to a detailed EIS.

If a decision is made at the screening stage to exempt a project, or to approve its environmental aspects on the basis of identified adequate mitigation measures, such a decision shall be contained in a Certificate of Approval of the EIA issued by NEMA.

5.3.3 Environmental Impact Study

According to the EIA Regulations 1998, EIS refers to the detailed study conducted to determine the possible environmental impacts of a proposed project and measures to mitigate their effects. The EIS process contains the following key stages:  Scoping and ToR;  Preparation of the EIS;  Review of EIS and Decision on project; and  Environmental Monitoring.

5.3.4 Scoping and ToR

Scoping is the initial step in the EIS. Its purpose is to determine the scope of work to be undertaken in assessing the environmental impacts of the proposed project. It identifies the critical environmental impacts of the project for which in-depth studies are required, and elimination of the insignificant ones. The scoping exercise should involve all the project stakeholders so that consensus is reached on what to include or exclude from the scope of work. It is also at this stage that project alternatives are identified and taken into consideration. The contents of the scoping report are the same as the project brief however more detail is likely to be needed. This may involve some preliminary data collection and field work.

The Developer takes the responsibility for scoping and prepares the scoping report after consultation with NEMA, Lead Agencies and other stakeholders. The developer with assistance from technical consultants will draw up the ToR for the EIS and submit a copy to NEMA that shall in turn be forwarded to Lead Agencies for comments, in this case including the District Local Government or District Environment Officer.

36 5.3.5 Preparation of the EIS

In preparing an EIS, relevant information is collected on issues of real significance and sensitivity. These are then analyzed, mitigation measures developed for the adverse impacts, and compensatory measures recommended for unmiti- gated environmental impacts. Measures aimed at enhancing beneficial or positive impacts are also given. An EIS documents the findings and is submitted to NEMA by the developer.

5.3.6 Review of EIS and Decision on Project

The Developer is required to submit ten (10) copies of the EIS to NEMA for review and approval. NEMA then forwards a copy to the Lead Agencies for comments. NEMA in consultation with the Lead Agencies (in this case including the District Local Governments) shall review the contents of the EIS, paying particular attention to the identified environmental impacts and their mitigation measures, as well as the level of consultation and involvement of the affected stakeholders in the EIS process. In this review, the level to which the ToR set out for the study is addressed shall be considered. In making a decision about the adequacy of the EIS, NEMA shall take into account the comments and observations made by the Lead Agencies, other stakeholders and the general public. NEMA may grant permission for the project with or without conditions, or refuse permission. If the project is approved, the Developer will be issued a Certificate of Approval.

5.3.7 Environmental Monitoring and Management Plan

Monitoring is the continuous and systematic collection of data in order to assess whether the environmental objectives of the project have been achieved. Good practice demands that procedures for monitoring the environmental performance of proposed projects are incorporated in the EIS.

The purpose of monitoring is to:  Provide information that the predicted impacts from a project are within the engineering and environmental acceptable limits;  Provide an early warning information for unacceptable environmental conditions;  Ensure that the mitigation measures proposed in the environmental management plans are implemented satisfactorily; and  Assist in identifying additional mitigation efforts needed or where al- teration to the adopted management approach may be required.

To assist in the implementation of identified mitigation and monitoring strategies, an environmental monitoring plan will be developed. It will describe the various environmental management strategies and programmes to be implemented. It will also identify the management roles and responsibilities for en-

37 suring that monitoring is undertaken, results are analyzed and any necessary amendments to practices are identified and implemented in a timely manner.

The monitoring plan shall provide for monitoring of both project implementation and environmental quality. It shall contain a schedule for inspecting and reporting upon the implementation of the project and associated mitigation measures identified in the EIS. The monitoring plan shall also identify the key indicators of environmental impact. Further, the plan shall provide a schedule for monitoring each indicator and for reporting the monitoring results to NEMA or the Local Authority. Environmental Evaluation

The data collected during monitoring is analyzed with the aim of:  Assessing any changes in baseline conditions;  Assessing whether recommended mitigation measures have been successfully implemented;  Determining reasons for unsuccessful mitigation;  Developing and recommending alternative mitigation measures or plans to replace unsatisfactory ones; and  Identifying and explaining trends in environment improvement or degradation.

5.3.8 Public Consultation

The environmental impacts or effects of a project will often differ depending on the area in which it is located. Such impacts may directly or indirectly affect different categories of social groups, agencies, communities and individuals. These are collectively referred to as project stakeholders or the public. It is crucial that during the EIA process, appropriate mechanisms for ensuring the fullest participation and involvement of the public are taken by the developer in order to minimize social and environmental impacts and enhance stakeholder acceptance. In the case of UPPET prior to its implementation at any given School site, meetings will be held at the Local Council 3 level involving leaders, Technical Personnel, School Board of Governors and the Communities where the new site is to be located.

NEMA prepared EIA Public Hearing Guidelines (1999) providing methodological guidelines on public consultation. An effective consultation process should generally ensure that:

 The public has a clear understanding of the proposed project; and  Feedback mechanisms are clearly laid out and known by parties involved.

Different stages of the EIA process require different levels of public consultation and involvement. The key stages are:

 Public consultation before the commissioning of the EIS;  Public consultation during the EIS; and  Public consultation during EIS review.

38 Public Consultation before Commissioning of the EIS.

On submission of the project brief to NEMA, it might be decided that the views and comments of the public on the project shall be sought. NEMA is obliged to publish the developer’s notification and other relevant documents in a public notice within 4 weeks from the date of submission of the project brief and/or notice of intent to develop.

It is important therefore, that a plan for stakeholder involvement is prepared before the EIS begins. Such a plan should consider:  The stakeholders to be involved;  Matching of stakeholders with approaches and techniques of involvement;  Traditional authority structures and political decision-making processes;  Programming of the implementation, in time and space, of the differ - ent approaches and techniques for stakeholder involvement;  Mechanisms to collect, synthesize, analyze and, most importantly, present the results to the EIS team and key decision-makers;  Measures to ensure timely and adequate feedback to the stakeholders;  Budgetary / time opportunities and constraints; and  Public Consultations during the EIS.

Pubic consultation during the EIS

During the EIS, the study team should endeavor to consult the public on environmental concerns and any other issues pertaining to the project. Though consultations are very critical at the scoping stage, ideally, it should be an on-going activity throughout the study.

Pubic consultation during the EIS review

During the EIS review, the public is given additional opportunity for ensuring that their views and concerns have been adequately addressed in the EIS. Any earlier omissions or oversight about the project effects can be raised at this stage. To achieve this objective, the EIS and related documents become public after submission to NEMA.

An official review appointment will be announced, where the reviewing authority has to answer questions and remarks from the public. These questions have to be handed in writing prior to the meeting

39 6.0 OVERVIEW OF THE WORLD BANK’S SAFEGUARD POLICIES

The World Bank’s ten safeguard policies are designed to help ensure that programs proposed for Bank financing are environmentally and socially sustainable, and thus improve decision-making. These operational policies include:

 OP 4.01 Environmental Assessment,  OP 4.04 Natural Habitats,  OP 4.09 Pest Management,  OP 4.11 Cultural Heritage,  OP 4.12 Involuntary Resettlement,  OP 4.10 Indigenous People,  OP 4.36 Forests,  OP 4.37 Safety of Dams,  OP 7.50 Programs on International Waterways,  OP 7.60 Programs in Disputed Areas.

In addition, there is the Bank’s Disclosure Policy BP 17.50 which requires that all safeguard documents are disclosed in the respective countries and at the Bank’s Info shop prior to appraisal. Of these operational policies, OP 4.01 is the “umbrella” policy as the environmental screening results will determine which of the afore-mentioned safeguard policies are likely to be triggered, in addition to OP 4.01.

The UPPET program has triggered OP 4.01 Environmental Assessment and OP 4.12 Involuntary Resettlement due to its planned construction and rehabilitation activities. Annex 4 summarizes these safeguard policies. For the UPPET program key operational policies that are of immediate concern are:

6.1 OP 4.01 Environmental Assessment

The objective of OP 4.01 is to ensure that programs financed by the Bank are environmentally and socially sustainable, and that the decision making process is improved through an appropriate analysis of the actions including their potential environmental impacts. Environmental assessment (EA) is a process whose breadth, depth, and type of analysis depend on the nature, scale, and potential environmental impact of the proposed program. EA takes into account the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and cultural property); and trans-boundary and global environmental aspects.

EA considers natural and social aspects in an integrated way. OP 4.01 is triggered if a program is likely to present some risks and potential adverse environmental impacts in its area of influence. Thus, in the case of the Universal Post-Primary Education and Training programs, potential negative environmental and social impacts due to program activities and likely to include loss of vegetation, soil erosion, soil and groundwater pollution, air pollution, public health impacts such as traffic hazards, noise, dust, and loss of livelihoods must be fully identified and the appropriate mitigating measures clearly defined and costed to be incorporated into the program’s overall budget.

40 This ESMF has been designed to address potential adverse environmental and social impacts at the planning stage of existing and new Universal Post-Primary Education and Training management and service delivery activities.

6.2 OP 4.12 Involuntary Resettlement

The objective of this operational policy is to

(a) avoid or minimize involuntary resettlement where feasible and explore all viable alternative program designs and location.

(b) assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them.

(c) encourage community participation in planning and implementing resettlement, and

(d) provide assistance to affected people regardless of the legality of land tenure (encroachers and squatters included).

The policy does not only cover physical relocation, but:

(a) relocation causing loss of land and or loss of shelter; (b) loss of assets or access to assets; and (c) loss of income sources or means of livelihood, whether or not the affected people must move to another location.

This policy also applies to the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. In the event of land acquisition, the UPPET program will implement the provisions of the Resettlement Policy Framework (RPF) which has been prepared as a separate document.

41 7.0 ENVIRONMENTAL AND SOCIAL IMPACTS OF UPPET

7.1 Positive Social and Environmental Impacts

Overall, UPPET is likely to have a positive impact on the social issues in community development in Uganda in the short, medium and long term. UPPET will benefit future economic growth; ensure more equitable access to secondary education for boys and girls, and poverty reduction. It should result in closing the gap between Uganda and other competitor countries in the proportion of labour force with successfully completed secondary schooling.

The UPPET strategic plan aims at accommodating drastic increases in the rates of transition between the primary and Secondary sub-sectors and the Secondary and tertiary sub-sectors. The transition rate between Primary Seven (P7) and Senior One (S1) is expected to rise from about 46.9% (2006) to 90% over the timeframe of the Plan (2008-2019). S5 and S6 will be prepared for entrance into universities and other tertiary-level institutions. The rest will enrol in BTVET courses, either immediately after S4 or at some time after they have entered the world of work. The transition rate from S6 to tertiary education is anticipated to rise 90% from the current 53% by the end of the plan period.

7.1.1 Increased and equitable participation in quality secondary education system

It is proposed that the capitation payments will be phased in along with a block grant to participating schools such that S.1 and S.2 entrants will attract school payments in 2008 through to S.1- S.4 in 2010. These payments are designed to allow reductions in fee payments to make secondary schooling more affordable, especially in rural areas and to the urban poor.

7.1.2 Improved physical infrastructure and access to secondary education

Under UPPET, the MoES has an ambitious programme to construct new infrastructure and renovate or complete existing structures. Up to 38,675 classrooms will be constructed over a ten year period to ensure a student classroom ration of 60. In addition, school laboratories and libraries for 60% of Government schools, administrative blocks for 40% of government schools, teachers’ houses for 50% of government schools (3 units per school) will be constructed.

Another key development will be construction of 5-stance block pit latrines to ensure a student stance ratio of 20:1 is attained and maintained. The will improve hyigiene, sanitation and thereby improving the learning environment and retention of especially the girl child.

7.1.3 Strengthening of Community Structures

In addition to increased access to secondary education, increased capacity will help strengthen community based structures like water users, school management, and other committees and other related committees in problem identification and analysis hence stimulating community ownership and participation in development program.

42 Furthermore, the increased participation of the female gender, the young and the seni- or citizenry and those who up to now have been ignored or have not had access to secondary educational will enable such vulnerable groups to participate in community development activities. The UPPET will also boost the income-earning capacities of the participating local population as construction activities will be school-based.

7.1.4 Strengthening the Capacity of National Training Colleges

The programme will support NTCs so that they can train more Diploma Teachers. At the moment, such institutions are poorly funded and such support will boost their activities and outputs. New libraries will be constructed and fully stocked as well as 6 lecture rooms per NTC. The will go a long way in improving the training facilities and quality of teachers from the NTCs.

7.1.5 Improved sanitation in secondary schools

Under UPPET, the MoES intends to construct up to 19,743 5-stance block pit latrines over ten years upon introduction of UPPET, and an additional 3031 to cater for the existing gap, to ensure a standard of 20 students per stance is reached and maintained. This will greatly improve the sanitation situation in many rural secondary schools and reduce the risk of spread of diseases such as cholera.

7.1.6 Improved supply and access to instructional materials and science equipment

Under UPPET, it is intended to improve student to text book ratio to 3, reduce the maximum number of subjects offered to 18 per school, and subjects offered per student to 10, and supply science equipment – at least 1 set per school every 4 years. This will go a very long way in improving the quality and relevance of secondary education for the country, local communities and individuals.

7.2 Adverse Social Impacts

Adverse social impacts may arise from the following:  Absence of a participatory process involving local communities and boards of governors (BOG) of schools in the preparation of UPPET program activities.  Exclusion of vulnerable groups from participating in and benefiting from program activities, due to stigmatization, harmful cultural practices, acute poverty among vulnerable groups, discrimination and lack of participation in the planning process etc.  Air pollution, noise, traffic accidents during construction  Land acquisitions/UPPET resulting in involuntary resettlement or loss of land and or assets and livelihoods.

7.3 Negative environmental impacts

The likely adverse environmental impacts of UPPET implementation (soil erosion, soil and water pollution, loss of vegetation, dust) will mainly come from silting, design, implementation and operation of sub-programs related to:

43  program infrastructure and related services prior to, during and after the construction activities;  water and sanitation facilities;  Poor waste management practices; Table 7.1: Possible Impacts of UPPET Activities 4

Medium/Area Potential Impact of Activities Mitigation  Topography modification  Regulate the use of borrow sites to en- Topography due to cut and fill activi- sure that they are legally operated, do not ties. hold stagnant water to allow breeding of mosquitoes.  Refurbish borrow sites  Increased costs in develop-  Low lying swampy areas will not be ing low gradient sites classified for construction of buildings and other activities as per Ugandan laws and the Bank’s OP 4.04 Natural Habitats. Geology and  Exposure and erosion of  Set aside an area to stockpile topsoil for soils topsoil due to vegetation future landscaping removal.  Increased exploitation of  All illegal mining / quarrying operations sand and murram for con- should be stopped and Ugandan laws in struction. this regard be followed.  Ensure suppliers of construction materials have the required licenses from local authorities;  Rehabilitate the borrow pits after use Flora and fau-  Removal of vegetation to  The program will work with district en- na make way for construction vironment office to safeguard the integri- may encroach on the wet- ty of these areas land areas  The program will not fund any sub-pro-  Sensitive habitats may be grams that will have negative impacts on degraded or encroached wetlands (see OP 4.04) or any endan- upon by construction activ- gered species or habitats ities Wetlands Extraction or disposal of  The sub-programs will identify alterna- materials like sand to wet- tive disposal sites for effluents. lands.  The program will respect Ugandan laws and the Bank’s OP 4.04 Natural Habitats when making decisions on disposal sites. Air  Increased levels of pollu-  Traffic emissions should be monitored tion due to an increase in and legally permitted levels should not motorized traffic, or from be exceeded. construction activities, and  NEMA, with support from the program, indirectly due to the high should encourage the use of cleaner pro- demand for scholastic and duction technologies for all industrial construction materials processes.

44 Medium/Area Potential Impact of Activities Mitigation Dust pollution  Modification of microcli-  Monitoring studies recommended in or- mate der to establish baseline data.  Un-paved access roads that  During construction, un-paved roads will be used daily by trucks should be water sprayed / to reduce dust and other construction ve- levels. hicles will generate large  Employers should provide protective amounts of dust. equipment e.g. dust masks and construct  Some industrial processes well-ventilated workshops as necessary. may expose their employees to large amounts of dust and particulate matter  UPPET has a large requirement for cement, books, etc thus indirectly having an impact on the environment due to increased demand for these products Noise  Increased traffic noise from  Movement of vehicles and operation of construction and trans- construction machinery should be con- portation vehicles and ma- fined to daytime. chinery Groundwater  Potential for pollution of  All sub-programs should be required to groundwater from improp- pre-treat their effluent before it is sent to er practice by sub-pro- the treatment works. This should be in- grams. cluded as a clause in their contracts.  Construction of pit-latrines,  Pit latrines should be excavated avoiding septic tanks and soak ways high water table area or with appropriate could cause seepage of technologies such as lining. contaminated water into  Construction should be monitored by lo- aquifers. cal/district public health officials notably in the siting of these items. Surface water  Where possible, the pit latrines should be lined and regularly emptied  Environmental Guidelines for Rural Wa- ter Supply and Sanitation sub-programs should be applied as appropriate ( see Annex 8)

45 Medium/Area Potential Impact of Activities Mitigation Laboratory  Pollution from poor labora-  Ensure international best-practice in lab- safety and tory waste disposal oratory safety, including storage, inven- hazardous  Injuries from poor chemi- tory, MSDS, labeling, signage, trans- waste cal handling portation, disposal, use of appropriate PPE, good house keeping, fire response and emergency provisions (water tap in place, fume extractors where necessary constructed)  Build capacity of laboratory technicians for all secondary schools and NTC’s  Ensure protection measures for students are implemented including use of laboratory coats, gloves Social  Human health problems.  Avoid implanting residential areas down- wind of heavy air polluting activities.  Employment opportunities for unskilled workers dur-  Improvement of income levels and living ing construction for the standards for the community. community living around the program area. The program should address and mainstream HIV/AIDS related interventions and activities in  Increase in HIV / AIDS its programmes including: and STDs cases in the pro-  Enhancing promotion of awareness and gram areas. prevention of HIV/AIDS  Mitigating the adverse effects of  Destroying of cultural HIV/AIDS sites or denying the people  Providing IEC materials for HIV/AIDS access to cultural sites.  Build capacity for students, teachers, head teachers  In coordination with the Ministry of Health and/or the National Aids Council, MoLG and LGs should provide appropriate HIV/AIDS Training.  The contractors should ensure that all stagnant water is removed from site so as not to allow breeding of mosquitoes.  MoES will work with the Ministry of Health to ensure that issues related to malaria and other water-borne diseases are addressed in the program areas.  Consult and work with the concerned communities to conserve the cultural sites. Provide passage to cultural sites.

46 8.0 THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS

8.1. The Environmental and Social Screening Process

The sections below illustrate the stages (steps 1-7) of the environmental and social screening process leading to the review and approval of the UPPET program activities. The purpose of this screening process is to determine which activities are likely to have negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into the sub-program as appropriate; to review and approve the sub-program’s proposals; to monitor environmental parameters during the implementation of activities.

The extent of environmental work that might be required prior to the commencement of the sub-programs will depend on the outcome of the screening process described below.

8.2. The Screening Steps

The environmental and social process of screening consists of the following steps:

Step 1: Screening of the UPPET Sub-Programs

Project screening will be based on a project brief prepared by the School Authorities in consultation with the MoES.

The initial screening in the field will be carried out by a Focal Person (FP) who is the District Environment Officer at local government level. Every district or Municipal Council in Uganda has a District Environment Officer (DEO) employed by the Dis- trict Local Government. In addition there are Public Health Inspectors for each Town Council or subcounty. The Basic qualification is Bachelors Degree in Environment Management or science-related fields like Botany, Zoology, Geography, Forestry, etc. The DEOs are already well-trained and experienced professionals. The Health inspectors have training to a Diploma Level in Public Health.

The District Environment Officer will complete the Environmental and Social Screening Form. Completion of this screening form will facilitate the identification of potential environmental and social impacts, determination of their significance, assignment of the appropriate environmental category, proposal of appropriate environmental mitigation measures, or recommend the execution of an Environmental Impact Assessment (EIA), if necessary.

Step 2: Assigning of Environmental Categories

The assignment of the appropriate environmental category to a particular activity will be based on the information provided in the environmental and social screening form that the District Environmental Officer will have administered. There is no UPPET activity envisioned to require a full EIA given the fact that the construction is a small scale expansion program, school based and using mostly local produced materials by communities.

47 It should be noted that any sub-programs judged to have potential significant adverse impacts on the environment that cannot be mitigated through simple mitigation measures are not anticipated and will not be funded.

Step 3: Carrying out Environmental Work.

After analyzing the data contained in the environmental and social screening form and after having identified the right environmental category and thus the scope of the environmental work required, the DEO will make a recommendation to the School Au- thorities/MoES establishing whether: (a) no EIA will be required; (b) the implementation of simple mitigation measures will be required; or (c) a separate environmental impact assessment EIA will be carried out (such activities are not anticipated).

According to the results of the screening process, the following environmental work will be carried out:

In case of activities under (a) and (b) above, UPPET environmental and social mitigation measures checklist will be used (see Annex 2): The environmental and social mitigation measures will be proposed by the District Environment Officer at high Local Government level. In case of UPPET activities falling under (c) above, and Environmental Impact As- sessment (EIA) will be carried out to provide for environmental and social due dili- gence. The School Authorities will in consultation with the MoES source for an EIA practitioner approved by NEMA to prepare terms of Reference and to undertake the EIA study.

The EIA will identify and assess the potential environmental impacts for the planned activities, assess alternative solutions and will design the mitigation, management and monitoring measures to be adopted. These measures will be quoted in the Environ- mental Management Plan (EMP) that will be prepared as part of the EIA for each sub- program. The preparation of the EIA and the EMP will be done in consultation with all relevant stakeholders, including the people likely to be affected by the sub-program.

The EIA will follow the national procedure established in the framework of the Envi- ronmental Management Statutes and decrees in force and consistent with the WB OP 4.01.

In situations where the screening process identifies the need for land acquisition, qualified service providers will prepare a RAP (Resettlement Action Plan), consistent with the OP 4.12, and the Resettlement Policy Framework (RPF) that has been prepared as a separate document for this program.

Step 4: Review and Approval

Review: At the district or municipal level, the District Environmental Officer, communities and BOGs will review the environmental and social screening forms and will

48 make recommendations as to whether the results of the screening process are acceptable.

In case an EIA needs to be undertaken, the ToR’s for the study will be prepared by MoES and reviewed and approved by NEMA, with modifications where necessary.

Approval/Rejection: The EIA study will be undertaken by the EIA practitioner in accordance with the ToRs approved by NEMA. The EIA report will be submitted to NEMA for review. NEMA will then forward a copy to the Local Authority (DEO) for comments.

The comments from the Local Authority will be considered by NEMA in making a final decision on project implementation. If the EIA is approved, NEMA issues the necessary environmental permit that confirms the EIA has been satisfactorily completed and the proposed sub-program implementation may proceed. A record of the decision explains how environmental issues were addressed in the process.

It is important to note that this review and approval process is to be carried out in par- allel with the review and approval of the technical, economic, financial and other aspects of the sub-programs. Implementation of sub-programs cannot commence until the environmental and social aspects have been reviewed and appropriate mitigation measures have been adopted.

If land acquisition is needed for sub-program implementation, resettlement and/or compensation plans have to be prepared and implemented following the RPF.

Step 5: Public Consultations and Disclosure:

Public consultations will take place during the environmental and social screening process, and the input from the public consultations will be reflected in the design of the mitigation and monitoring measures. Consultations will be facilitated by the FP at the School and the SC/TC Community Worker at village, parish and Sub-county levels. The District/Municipal Environment Officer will communicate the results of environment and social screening to the Chief Administrative Officer who will in thereafter, communicate the result to the Ministry of Education and Local Govern- ment.

According to the procedures governing the EIA, public information and participation must be ensured during the scoping period and the preparation of the terms of reference of the Environmental Impact Assessment. This will be done by EIA practitioner, supported by the School Environmental FP. The involvement of District/Municipal Environment Officer, District/Municipal Community Development Officer, Inspector of of Schools, and the Community workers at lower LGs level will be encouraged. Public consultations include particularly:

 One or several meetings for the presentation of the sub-program with a gather- ing of local authorities, the populations, the concerned organizations;  The opening of a register available to all the populations where will be con- signed the preoccupations, the appreciations, remarks and suggestions formulated on the program.

49 A public information program is initiated, and public notices are issued during the scoping and EIA preparation stages. Whenever a public concern over the proposed sub-program is indicated and impacts are extensive and far-reaching, the District Chief Administrative Officer/Town Clerk (CAO/TC) is required to organize a public hearing. The results of the public hearing will be taken into account when a decision is taken whether or not a permit is to be issued.

These consultations should allow for the identification of the main issues and determine how the concerns of all parties will be tackled in the terms of reference for the EIA. The results of the consultations will be included in the EIA report and made available to the public by the CAO/TC.

Step 6: Environmental Monitoring

Environmental monitoring aims at checking the effectiveness and relevance of the implementation of the proposed mitigation measures. Local councilors, School Commit- tees, environmentalists under the guidance of District Environmental Officers as well as concerned citizens will undertake monitoring exercises as speculated by the environmental act.

The District Environment Officer in conjunction with the District Education Officer /Inspector will monitor the implementation of environment mitigation measures based on the contractor’s work plan.

The MoES in collaboration with NEMA will monitor the implementation of the environment mitigation measures on a sample of UPPET Investments on quarterly basis. On annual basis the District Environment Officers, MoES in collaboration with NEMA will carry out a national assessment of UPPET performance in environment and natural resource management using the indicators mentioned in step 7.

Step 7: Monitoring indicators

The monitoring indicators that will be under EMP for assessing environmental management for UPPET include:

i) Loss of vegetation ii) Land degradation iii) Compliance with Legislations.

The usage of the indicators for environmental monitoring will be included in the training and capacity building program.

9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

9.1. Environmental and Social Management Plan

An Environmental and Social Management Plan (ESMP) for the UPPET Program is intended to ensure efficient environmental and social management of its activities.

50 The ESMP outlines the institutional responsibilities and related costs for the implementation of the proposed program.

The equipment and logistics support requirements as well as the training components are specified with all the associated costs. These have been the subjects of detailed discussions with NEMA and at the stakeholders meetings.

A detailed ESMP will be prepared for each UPPET program and included in the Pro- ject Implementation Plan.

51 Table 9.1: An example of the Environmental and Social Management Plan

Program Potential Im- Mitigation Responsibility Responsibility Frequency Cost Estimates Activities pacts Measures for implement- for monitoring (US$) ing Mitigation implementation Measures of the mitigation measures Component Construction Soil erosion, Application of Contractors Head Ongoing Included in contracts of buildings loss of vegeta- Environmental Teacher/MoES tion, soil and Guidelines for Head Teacher water pollu- Contractors tion As per value of prop- Loss of land Implementa- erty and resettlement and/or liveli- tion of the expenses hoods RPF Access Roads Soil erosion, Application of Contractors Head Ongoing Included in contracts loss of vegeta- Environmental Teacher/MoES tion, soil and Guidelines for water pollu- Contractors tion

Loss of land Implementa- Head and/or liveli- tion of the Teacher/MoES hoods RPF

50 Chart No. 1 Environmental Impacts and Mitigation Process.

Degradation Sustainable Environmental momentum

With mitigation measures and attenuation

Without mitigating measures

Worsening of living conditions of the populations and increased Productive re-installation, advice and degradation conversion to more environmental friendly occupations

Loss of Revenue

Compensation in accordance with the statutes to affected community

Poor environment that may lead to homelessness

Sensitization  Of the populations affected  The host communities  Tree planting

Community near the school

Execu- tion of the environmental measures to ensure the efficiency and sustainability of the UPPET Program

Environmentally affected populations prior to UPPET program

Installation of UPPET Program after consultations responding to the objectives of environmental conservation

51 The Environmental and Social management Framework serves to provide safeguards against severe adverse impacts of proposed programme activities and proposes mitigation against potential environmental risks by:

(a) Avoiding degrading the environment in the first place or, (b) Minimizing the number of activities that would degrade the environment or, (c) Adequately compensating the affected persons if any for losses incurred or, (d) Adequately addressing adverse impacts of the intended interventions.

9.2. Institutions Responsible for Implementing and Monitoring the Mitigation Measures

The District Environmental Officer School will be key in monitoring the Environmental and Social Impacts of the UPPET programs, monitoring exercises will be participatory in nature to involve all stakeholders including school administrators, communities and other environmental technocrat in the districts. Monitoring reports will ensure smooth implementation and commitment to the prescribed mitigating measures throughout the program execution.

By the legal notices supplements of May 2004 under the National Environment Act, NEMA appointed District Environmental Officers as inspectors for monitoring of environmental impacts of all socio-economic activities at LG level, including activities of the UP- PET program.

9.2.1 National Coordination/Supervision

At the central level, the NEMA, by its mandate oversees all environmental concerns in Uganda.

Execution/Implementation

 NEMA, Individual consultants or consultancy firms will be responsible for carrying out the EIA studies,  Private contractors, where retained, as in some cases in the execution of program works activities and related mitigation measures shall undertake their tasks in accordance with this ESMF and the Environmental Guidelines for Contractors. The provisions of these documents will, amongst others be included the schedules for both the bidding and contract documents.

9.2.2 Monitoring

This exercise will be carried out by the beneficiary school authorities and the District Au- thorities (Environmental Officers) on behalf of NEMA. This EMSF proposes development of capacity at School level to undertake monitoring and implementation of mitigation measures. Sensitisation workshops should in future be conducted for Members Board of Directors, Head Teachers and selected staff members, as well as Local Government Technical staff and leaders at Sub county level.

52 Student participation is also encouraged through formation of environment and health clubs that could be supported under UPPET.

9.3 Capacity Building

This will be carried out through the following measures and activities:

i) Sensitisation of contractors on environmental issues and EMP requirements; ii) Sensitisation of school management including Board of Directors, Head Teachers, Teaching and Non-teaching staff and the student community; iii) Workshops for Environmental Focal Points and Technical officers at district and sub county levels, including Environmental Officers, Health Inspectors and sub county chiefs iv) Provision of the basic equipment and logistics required at the planning, implementation, sensitisation, training and monitoring stages of UPPET program implementation and this again for each district. v) Training of HLG, LLG officers, School Head Teachers and Focal Point Environ- mental Staff at each UPPET beneficiary School in environmental management and issues on resettlement/relocation of populations and associated elements such as loss/loss of access to assets/resources and the mechanisms for resettlement. vi) Continued monitoring and assessment by MoES and NEMA, and the District Technical Staff to ensure compliance with environmental and social management measures.

9.3.1 Capacity Building for Environment and Social Management of UPPET Program

Following discussions with NEMA and in order to ensure smooth environment mainstreaming, all technical staff and school authorities involved in UPPET implementation will need training in the use of the tools for environmental management. The experience of the MoLG in implementation of various development programs can be tapped. The les- sons learnt include:

 The need to consolidate capacity of environment mainstreaming at the district level, and in this case the School level;  The need to strengthen capacity of environment management at sub-county and divi- sion levels, and in this case at the school level.

In reading this, it should be borne in mind that MoES will have to scrutinise these activities to ensure harmony or avoid duplication with it’s capacity building activities. Synergies should be established with other stakeholders such as NEMA, MoLG and MoH to avoid duplication and overlaps.

9.4. Monitoring

The objective for monitoring is two fold:

(a) to provide timely information about the effectiveness of the Environmental and Social Management process outlined in the ESMF in such a manner that changes can be made as required to ensure continuous improvement to the process,

53 (b) (to make a final evaluation in order to determine whether the mitigation measures have been successful in such a way that the pre- program environmental and social conditions have been restored, improved or worse than before and to determine what further mitigation measures may be required.

Refer to section 8.2 step 7 for indicators to be used in order to determine whether:

 the pre-program human and natural environmental state have been maintained or improved from program activities and,  the effectiveness of the ESMF technical assistance, review, approval and monitoring process have been adequate to pre-empt and correct negative impacts inherent in certain types of UPPET program activities.

9.5. Budget for the Environmental and Social Management of the UPPET

The budget for environment and social management depending on the nature of environment mitigating measures will not exceed 0.5% of the total sub-program cost (e.g. the total cost of constructing new physical facilities like classrooms). For this reason, the cost estimate for environment and social management of UPPET will be about Ug. Shs. 5bn out of the total estimated cost of Shs. 1.071 for providing UPPET new facilities over the plan period of ten years. The budget for capacity building activities will not exceed 0.02%, equivalent to About Shs. 2bn for the entire period.

The infrastructure and services environmental management costs should be determined for each sub-program and built into the program costs. MoES will support NEMA, the District Local Governments and other stakeholders to undertake the following capacity building activities.

Table: Budget estimate for capacity building and EMP activities

Activity Units costs Total costs (UShs) Sensitisation workshops for stakehold- One day workshop @ 200 million ers at central level Regionsal Sensitisation workshops for 9 workshops @ 400 million District Leaders and Technical staff Training of Local Leaders and Tech- 5 days each for 200 million nical staff at Subcounty Level 100subcounties Monitoring of project implementation 50,000/= per school 600m/= and environmental impacts per year for about 1200 schools Support to student environmental and 50,000/= per school 600m health clubs per year for about 1200 schools Review of ESMF use and effective- Two day practition- 100 million ness, and revisions to improve it ers’ workshop @ Ushs. 50 million Total 2.1bn/=

54 9.6 Institutional Support to the NEMA, Education and UPPET Institutions

An increase in Budgetary and Institutional support for NEMA may be required if the authority has to oversee country-wide environmental management of those UPPET activities that may have more significant environmental issues than those anticipated in typical classroom construction and other activities. The MoES will support NEMA to work hand in hand with other stakeholders to undertake the monitoring and capacity building activities.

Universal Post-Primary Education and Training institutions must be endowed with: adequate personnel for environmental management tasks; sufficient equipment and logistics such as transport; sufficient financial provisions for recurrent costs such as fuel and reagents for their monitoring programs; Vibrant student environmental and health clubs.

10.0RECOMMENDATIONS

This ESMF presents the UPPET program characteristics, identifies likely social and environmental impacts and proposes mitigation measures and practices to ensure the planning, design, construction and operational stages of the program cause no significant impact to the environment. The ESMF is meant to guide future screening of the various subpro- grams whose impact will be determined by location, design and implementation. Predicted significant environmental impacts that should be considered include:

Land take likely to require resettlement of some communities; Degradation of ecologically sensitive environments, such as forests, wetlands; Loss of vegetation which could lead to increased soil erosion and siltation of water sources or water bodies; Degradation at material source points for construction Occupational health and safety hazards to contractor workers, and the safety of school children during construction phase; Likelihood of increasing pressure on school amenities, including sanitation facilities, water sources due to the higher demand and population for the free post primary education; Incidence of diseases, including Cholera and other communicable diseases Impact on education quality, due to limited resources and teacher requirements Pollution from laboratory wastes ; Safety of students and staff working in laboratories.

This ESMF has proposed appropriate measures to mitigate adverse impacts that are summarized in a comprehensive environmental management and monitoring plan. This once implemented will either eliminate the negative impacts or minimize them to insignificant levels.

It is thus recommended that for each sub-program, an EMP should be developed and implemented based on which the program should go ahead. Involvement of existing local governance structures in the screening process is highly encouraged.

55 Capacity building should as well be undertaken to ensure efficacy of the proposed ESMF. This will include sensitization and actual training of stakeholders at central, district and local levels. Synergies with other existing government programmes and structures should be encouraged to avoid duplication of activities.

56 Annex 1: Environmental and Social Screening Form (ESSF)

Please type or print clearly, completing this form in its entirety. You may provide additional information on a separate sheet of paper if necessary. Kindly note that the information you are to provide is required by Section 22 of the National Environmental Management Act of 1994 and it is an offence to give inaccurate information under Section 53 (C) of the same Act.

SECTION 1: INFORMATION ON THE CONTACT PERSON

Name: ------

Institutional Affiliation ------

Business Title / position ------

Business Address ------

Telephone ------

SECTION 2: DESCRIPTION OF THE PROPOSED PROGRAM

Name of Proposed Program ------

Date expected to start construction ------

Proposed location of program------(Attach a map or maps, covering the proposed site and Surrounding 5 km radius)

Land Area ------(Approximate land area and of proposed location)

Current Land use (Describe how the land is being used at present)

------

Describe any Possible Alternative Site(s) ------

Describe other types of facilities (including health centres and schools) which are located within 100 metres of the site, or are proposed to be located near the proposed facility. Indicate the prox- imity of the proposed site to residential areas, national parks or areas of ecological, historical or cultural importance.

------

57 ------

Indicate whether adequate infrastructure exists at the proposed location, or whether new building, roads, electricity and water lines, or drainage systems will need to be constructed as a part of the proposed program.

------

------SECTION 3: EMPLOYEES AND LABOURERS

Number of people to be employed:

Employees and Labourers During Construction During Routine Operation FULL-TIME PART-TIME

Indicate whether you plan to construct housing / sanitation facilities for temporary or permanent workers.

SECTION 4: PRODUCTS

Briefly state the nature of the product(s) or output of the proposed sub-program and the expected quantities on a quarterly or annual basis. Indicate the intended uses of the product(s).

Name of Product / Output Description of uses Anticipated Output per Qtr/Yr

SECTION 5: BY-PRODUCTS, WASTE MANAGEMENT AND DISPOSAL

Specify the nature of each waste or by-product and the quantity to be generated Type Description Quantity in Kg Proposed disposal per wk/mo method Solid (Bulk) Solid (particulate) Liquid Gaseous Medical Waste Asbestos PCB Other

Proposed method of disposal or management of waste (e.g. burning, burying, landfills etc.) and capacity needed to safely implement the proposed disposal method.

58 Type(s) and Method of Disposal / Management Capacity Needs Source

Indicate sources of noise pollution, the type / quality of noise (i.e. machinery / repetitive pound- ing, etc.) Source of Noise Type of Noise

SECTION 6: ENVIRONMENTAL IMPACTS

Please indicate environmental impacts that may occur as a result of the proposed program.

A. The Biological Environment

8.0 The Natural Environment

8.1 Describe the habitats and flora and fauna in the sub-program area and in the entire area expected to be affected by the sub-program (e.g., downstream areas, access roads):

______

8.2 Will the sub-program directly or indirectly affect: 8.2.1 Natural forest types? 8.2.2 Mangroves or swamps? 8.2.3 Wetlands (i.e., lakes, rivers, swamps, seasonally inundated areas)? 8.2.4 Natural critical habitats (parks, protected areas)? 8.2.5 Other habitats of threatened species that require protection under Mozambican laws and/or international agreements?

YES ______NO ______

8.3 Are there according to background research / observations any threatened / endemic species in the program area that could be affected by the program?

YES ______NO ______

8.4 Will vegetation be cleared?

59 YES ______NO ______

8.5 Will there be any potential risk of habitat fragmentation due to the clearing activities?

YES ______NO ______

8.6 Will the program lead to a change in access, leading to an increase in the risk of deplet- ing biodiversity resources?

YES ______NO ______

Provide an additional description for “yes” answers:

______

9.0 Protected Areas

Does the sub-program area or do sub-program activities:

9.1 Occur within or adjacent to any designated protected areas?

YES ______NO ______

9.2 Affect any protected area downstream of the program?

YES ______NO ______

9.3 Affect any ecological corridors used by migratory or nomadic species located between any protected areas or between important natural habitats (protected or not) (e.g., mammals or birds)?

YES ______NO ______

______

10.0 Invasive Species 10.1 Is the sub-program likely to result in the dispersion of or increase in the population of invasive plants or animals (e.g., along distribution lines or as a result of a dam)?

YES ______NO ______

Provide an additional description for a “yes” answer:

60 ______

B. The Physical Environment

11.0 Geology / Soils 11.1 Will vegetation be removed and any surface left bare? YES _____ NO _____

11.2 Will slope or soil stability be affected by the program? YES _____ NO _____

11.3 Will the sub-program cause physical changes in the program area (e.g., changes to the topography)? YES _____ NO ______

11.4 Will local resources, such as rocks, wood, sand, gravel, or groundwater be used? YES ____ NO ____

11.5 Could the sub-program potentially cause an increase in soil salinity in or downstream the program area? YES ______NO ______

11.6 Could the soil exposed due to the program potentially lead to an increase in lixiviation of metals, clay sediments, or organic materials? YES ______NO ______

______

12.0 Landscape / Aesthetics 12.1 Is there a possibility that the sub-program will adversely affect the aesthetics of the landscape? YES _____ NO ____

______

13.0 Pollution 13.1 Will the sub-program use or store dangerous substances (e.g., large quantities of hydrocar- bons)? YES ______NO ______

13.2 Will the sub-program produce harmful substances? YES _____ NO _____

13.3 Will the sub-program produce solid or liquid wastes? YES _____ NO _____

13.4 Will the sub-program cause air pollution? YES _____ NO ______

13.5 Will the sub-program generate noise? YES _____ NO ______

13.6 Will the sub-program generate electromagnetic emissions? YES ____ NO _____

13.7 Will the sub-program release pollutants into the environment? YES ____ NO ____

13.8 Will the sub-program generate medical waste? YES___ NO_

61 13.9 Will the sub-program generate asbestos? YES NO

14.0 Will the sub-program generate PCB? YES NO______

C. The Social Environment

14.0 Land use, Resettlement, and/or Land Acquisition 14.1 Describe existing land uses on and around the sub-program area (e.g., community facilities, agriculture, tourism, private property, or hunting areas):

______

14.2 Are there any land use plans on or near the sub-program location, which will be negatively affected by sub-program implementation? YES ____ NO ____

14.3 Are there any areas on or near the sub-program location, which are densely populated which could be affected by the sub-program? YES _____ NO _____

14.4 Are there sensitive land uses near the program area (e.g., hospitals, schools)? YES ____ NO____

14.5 Will there be a loss of livelihoods among the population? YES ____ NO ____

14.6 Will the sub-program affect any resources that local people take from the natural environment? YES _____ NO ______

14.7 Will there be additional demands on local water supplies or other local resources? YES _____ NO ______

14.8 Will the sub-program restrict people's access to land or natural resources? YES ____ NO ____

14.9 Will the program require resettlement and/or compensation of any residents, including squatters? YES _____ NO _____

14.10 Will the sub-program result in construction workers or other people moving into or having access to the area (for a long time period and in large numbers compared to permanent residents)? YES ____ NO _____

14.11 Who is/are the present owner(s)/users of resources/infrastructures the sub-program area?

______

15.0 Loss of Crops, Fruit Trees, and UPPET Infrastructure Will the sub-program result in the permanent or temporary loss of:

15.1 Crops?

15.2 Fruit trees / coconut palms?

62 15.3 UPPET infrastructure?

15.4 Any other assets/resources?

16.0 Occupational Health and Safety, Health, Welfare, Employment, and Gender

16.1 Is the sub-program likely to safeguard worker’s health and safety and public safety (e.g., occupational health and safety issues)? YES _____ NO ______

16.2 How will the sub-program minimize the risk of accidents? How will accidents be managed, when they do occur?

______

16.3 Is the program likely to provide local employment opportunities, including employment opportunities for women? YES ______NO _____

______

17.0 Historical, Archaeological, or Cultural Heritage Sites Based on available sources, consultation with local authorities, local knowledge and/or observations, could the sub-program alter:

17.1 Historical heritage site(s) or require excavation near the same? YES ____ NO _____

17.2 Archaeological heritage site(s) or require excavation near the same? YES ____ NO ____

17.3 Cultural heritage site(s) or require excavation near the same? YES _____ NO ____

17.4 Graves, or sacred locations (e.g., fetish trees or stones) or require excavations near the same? YES ______NO ______

N.B. For all affirmative answers ( YES) Provide description, possible alternatives reviewed and/or appropriate mitigating measures.

______

D. RECOMMENDATIONS:

Based on the above screening results, the following recommendations are made:

1. The sub-program has been assigned the environmental category A: Since the parent program has been categorized as a B, this sub-program cannot be funded.

2. The sub-program has been assigned the environmental category: B1: Implementa- tion of the environmental mitigation measures as proposed in the Environmental

63 and Social Checklist (with amendments as appropriate) and as per Environmental Guidelines for Contractors and Clause 8 contained in the Bidding Documents will suffice

3. The sub-program has been assigned the environmental category B2: The sub-program will require a separate Environmental Impact Assessment to be reviewed and approved by NEMA.

4. The sub-program has been assigned the environmental category C: The sub-program does not require any additional environmental work and therefore can be implemented immediately.

In the event that a sub-program requires land acquisition, please prepare and implement a Reset- tlement Action Plan (RAP) consistent with the provisions of the Resettlement Policy Framework, July 2007 Please note that civil works cannot commence until the provisions of the RAP have been implemented to the satisfaction of the World Bank and the affected persons.

______

SECTION 8: TESTIMONY

I confirm that the information provided herein is accurate to the best of my knowledge ------

64 Annex 2: Environment and Social Mitigation Measures Checklist

Activity Environmental compo- Nature of environmental Required action /mitigation nent affected concern measure by Contractor Construction of classrooms 1. Burning of Brick . Soil . Soil erosion. . Sensitize community . Brick making . Geology . Dumping of soil waste . Tree planting . Vegetation material . Firewood . Uncovered pits . Cover pits . Burning of bricks . pollution 2.Site Leveling . Soil . Erosion and sediment- . Restore the borrow areas . Excavations in bor- . Human beings ation with topsoil row areas. . Animals . Labour accidents. . Proper grading of the sites at . Grading to attain . Geology . Silting. the right camber right camber . Plants . Creates ponds that en- . Provide first aid kits. courage breeding of . Soil bunds should be con- mosquitoes structed around a single designated area 3. Building . Human beings . Noise . Constructors’ Dress . Accidents . First aid Kits . Dust . Protective gear 4. Roofing . Human beings . Accidents . Protective gear . First aid Kits 5.Soak pits, septic . Human beings . Contaminated water . Community consultation. tanks and disposal . Land . Land acquisition . Consult with DEO for ap- . Water . Disease outbreak propriate siting of waste col- fields . Accessibility of the lection point. waste bins, collection . Provide adequate waste col- points lection bins . Conduct hygiene education campaign. 6. Pit latrines . Vegetation . Contamination of . Sensitization of people on . Soil ground water supply hygiene practices after using . Surface water sources through sub-sur- the latrine e.g. washing their . Human beings face flow of human hands. waste. . If possible, construct lined . Contamination of sur- pit latrines, which can be emp- face water sources tied. through transportation by . Consider constructing water storm runoff. borne squat toilets if there is . Flies and rodents car- piped water in the school. rying disease from latrine. . More land is used in construction of new latrines when old ones fill up.

64 Annex 3: Involuntary Resettlement Framework for UPPET Program

Introduction Involuntary resettlement due to a development program refers to the moving away of people, their families or community members from a piece of land to allow for the implementation of a community investment. If it is not well managed it could it often give rise to severe economic, social and environmental risks resulting in production systems being dismantled, people facing impoverishment when their productive skills may be less applicable and the competition of resources greater; community institutions and social networks being weakened. Families may disperse and may not even be able to live together as one. Kin/clan groups may end up being dispersed; and cultural identity, traditional authority lost. Therefore, people are in most cases compensated for their loss (of land, property or access) either in kind or in cash of which the former is preferred.

However this compensation needs to be done in only those circumstances where it is extremely inevitable. Care should be taken to ensure that community members during the program identification processes are consulted to own the programs that are being conceived. This will minimize the level of compensation that they may seek as a result of involuntary resettlement.

Categories of Affected population due to involuntary resettlement a) Affected Individual – An individual who suffers loss of assets or investments, land and property and/or access to natural and/or economic resources as a result of the sub-program activities and to whom compensation is due b) Affected household – A household is affected if one or more of its members is affected by sub-program activities, either by loss of property, land, loss of access, or otherwise affected in any way by program activities. This provides for: - Any members in the household, men, women, children, dependent relatives and friends, tenants. - Vulnerable individuals who may be too old or ill to farm along with the others. - Opposite sex-relatives who cannot reside together because of cultural rules, but who depend on one another for their daily existence. - Opposite-sex relatives who may not eat together but provide housekeeping, or reproductive services critical to the family’s maintenance, and - Other vulnerable people who cannot participate for physical or cultural reasons in production, consumption, or co-residence.

Compensation will not be limited to people who live together in a co-resident group, since this might leave out people whose labor contributions are critical to the func- tioning of the “household”. For example, among polygamous groups, each wife may have her own home.

65 c) Vulnerable households – Particular attention should be paid to impacts on vulnerable members of these communities such as women, children and internally displaced people;

Internally displaced Persons – these are people who had to flee their homes as a result of rebel atrocities committed against their communities and are now virtually refugees in their own country and have not returned. They may be dependent on the NGO community and others for support.

Internally Displaced Orphaned Children – Children, especially orphaned children or children separated from their parents, who have remained particularly vulnerable to forced employment and associated health and safety hazards. They participate in income generating activities such as fetching of water, artisan mining, etc. If they are impacted by this program in a way that means they have to be physically relocated, their compensation cannot be in cash. Their compensation could take the form of paying for their rehabilitation and training to acquire useful vocational skills.

Women – may depend on husbands, sons, brothers or others for support. In many cases too, women are the main breadwinners in their households, yet may not own land. As mothers and wives, they need access to health service facilities. They will not be resettled in a way that separates them from their households as the very survival of their households depends on them. Their compensation must take into account all these factors.

Elderly – elderly people produce small amounts of food to “exchange” with others, so they can subsist on generous return gifts from people such as their kith and kin and neighbors. What would damage their economic viability is resettlement that separates them from the person or household on whom they depend for their support.

Voluntary Land Contributors – All persons or groups affected by this must be monitored even where contributions are voluntary to ascertain whether they have not been or likely to be affected such that they are left poorer or livelihoods affected without course for compensation. Sometimes land is given “voluntarily” because people do not want to be seen as or accused of, holding back community development.

These household types are not mutually exclusive, so that the elderly may be internally displaced persons, and women may be affected individuals.

Aspects that may be compensated

The following are the aspects that may be affected during involuntary resettlement of individuals and community members:

. Land . Investments on the land such as building structures

66 . Crop gardens, grazing areas, etc. . Horticultural, floricultural and fruit trees . Scared sites such as graves and graveyards, shrines etc. . Places of worship and sanctuaries . Relocation caused as a result of separation from access to income generation by a development in a community e.g. a road may separate a family from access to its garden

Process of Compensation for Involuntary Resettlement

The person or entity that is proposing a development that will impact on the individual or community shall meet the costs of the involuntary resettlement. This may be a Local Council (village, Parish) in the area of jurisdiction or a Universal Post-Primary Education and Training (Sub County, District Municipality, Town Council).

In all cases requiring compensation the Universal Post-Primary Education and Train- ing of the area shall establish a committee to handle the compensation for the involuntary resettlement. The compensation shall be determined bearing in mind the estimated loss that the individual or community may incur as a result of the resettlement. This may include the cost of relocation, disturbance and where necessary reconstruc- tion of the infrastructure in question. The estimates should be made in line with the prevailing market rates. All relocates shall be given ample time to relocate their services or homes as the case may be.

The processing of funds for compensation shall be computed in line with the provisions of the PPDA Regulations. All the processes for the compensation should be well documented and preserved by the MoES for future reference. The documents should clearly indicate what is being compensated for and how much. The affected individual or community should be made to clearly understand all the processes involved in the compensation exercise.

67 Annex 4: Summary of World Bank Operation Policies

OP 4.01 Environmental The objective of the policy is to ensure the Depending on the project, and nature of im- assessment projects financed by the Bank are sound pacts a range of instruments can be used: EIA, and sustainable, and decision making be environmental audit, hazard or risk assessment improved through an appropriate analysis and environmental management plan of actions and of their potential environ- (EMP).When a project is likely to have sector- mental impacts. This policy is triggered if a al or regional impacts, sectoral or regional EA project is likely to have environmental is required. risks and impacts (adverse) on its area of influence. OP 4.01 covers the environmen- The project has prepared an ESMF to assess tal impacts (nature air, water and land); hu- and mitigate potential adverse environmental man health and security; physical cultural and social impacts of sub-projects. resources; as well as trans-boundary and global environmental problems. OP 4.04 Natural This policy recognizes that the conserva- This policy is triggered by any type of project Habitats tion of natural habitats is essential for long- (including any sub-project under sectoral in- term sustainable development. The Bank, vestment regime or intermediary funding) that therefore, supports the protection, mainten- have the potential to cause some important ance, and rehabilitation of natural habitats conversion (loss) or degradation of natural in its project financing, as well as policy habitats, whether directly (by the construction) dialogue and analytical work. The Bank or indirectly (by human activities triggered by supports, and expects the Borrowers to ap- the project). ply, a precautionary approach to natural resource management to ensure opportunities In the UPPET ctivities that could have ad- for environmentally sustainable develop- verse impacts on natural habitats will not be ment. funded.

OP 4.36 The objective of this policy is to help bor- This policy is triggered each time an invest- Forests rowers exploit the potential of forests in or- ment project financed by the Bank: (i) has the der to curb poverty in a sustainable man- potential to cause health impacts and the quali- ner, efficiently integrate forests in sustain- ty of forests or the rights and the well being of able economic development and protect vi- the people and their dependency level with the tal local and global environmental services interaction with forests; or (ii) aims at bringing and forest values. Where forest restoration some change in the uses of natural forests or and plantations are needed in order to plantations. achieve these objectives, the Bank helps borrowers in forest restoration activities in UPPET activities that will adversely affect the order to maintain or develop biodiversity quality of the forests or bring in some change and the operation of ecosystems. The Bank in the management will not be financed. helps borrowers in the creation of forest plantations appropriate from the environmental viewpoint and socially beneficial and economically sound in order to help meet the growing forests’ needs and services

68 OP 4.09 Pest The objective of this policy is to promote The policy is triggered if procurement of pesti- Management the use of biological or environmental con- cides is envisaged (either directly through the trol methods and reduce reliance on syn- project or indirectly through on-lending); if the thetic chemical pesticides. In Bank-fin- project may affect pest management in a way anced agricultural operations, pest popula- that harm could be done, even though the pro- tions are normally controlled through In- ject is not envisaged to procure pesticides. tegrated Pest Management (IPM) ap- This includes projects that may lead to sub- proaches. In Bank-financed public health stantially increased pesticide use and sub- projects, the Bank supports controlling sequent increase in health and environmental pests primarily through environmental risks; and projects that may maintain or ex- methods. The policy further ensures that pand present pest management practices that health and environmental hazards associ- are unsustainable. ated with pesticides are minimized. The procurement of pesticides in a Bank-fin- The project will not fund any sub-projects that anced project is contingent on an assess- increase the use of pesticides. ment of the nature and degree of associated risk, taking into account the proposed use and the intended user. OP 4.11 The objective of this policy is the help This policy applies to all projects included in Cultural countries avoid or reduce the adverse im- category A or B of the Environmental assess- property pacts of development projects on physical ment scheduled in OP4.01. cultural resources. In order to implement such policy, the word “physical cultural resources” means movable and unmovable UPPET activities that are likely to have ad- objects, sites, structures, natural’s aspects verse impacts on cultural property will not be of landscapes that have an importance form financed. the archeological, paleontological, historic, architectural, religious, aesthetic or other. Physical cultural resources could be found in urban or rural areas, as well as both in the open air, under the ground and in the sea also. OP 4.10 The objective of the policy is (i): ensure Indigenous that the development process encourages populations full respect of dignity, human rights and The policy is triggered when the project af- cultural features of indigenous people; (ii) fects indigenous people (with the characteris- ensure they do not suffer from the detri- tics described in OP 4.10) in the area covered mental effects during the development by the project. process; and ensure indigenous people reap economic and social advantages compati- The project will not fund any activities that are ble with their culture. likely to have negative impacts on indigenous peoples.

OP 4.12 The objective of this policy is to avoid or Involuntary minimize involuntary resettlement where This policy is triggered not only if physical re- Resettlement feasible, exploring all viable alternative location occurs, but also by any loss of land project designs. Furthermore, it intends to resulting in: relocation or loss of shelter; loss assist displaced persons in improving their of assets or access to assets; loss of income former living standards; it encourages com- sources or means of livelihood, whether or not munity participation in planning and imple- the affected people must move to another loca- 69 menting resettlement; and to provide assist- tion. ance to affected people, regardless of the legality of title of land. The project has prepared an RPF to be implemented in the event that a sub-project involves land acquisition. OP 4.37 Dams The objectives of this policy are estab- The policy is triggered when the Bank fi- security lished as follows: For new dams, ensure the nances (i) a project involving the building of a design and supervision are done by experi- big dam (15 m of height or more) or a dam enced and competent professionals; for ex- presenting great hazard; and (ii) a project de- isting ones, ensure that any dam that can pending on another existing dam. For small influence the project performance is identi- dams, general safety measures designed by fied, an assessment of the dam security qualified engineers are appropriate. conducted, and the other required safety measures and corrective measures imple- The project will not fund any dams. mented. OP 7.50 The objective of this policy is to operate in Projects such a way as the projects financed by the This policy s triggered if (a) implemented Bank affecting the international water- A river, a channel, lake or any other water- on courses do not affect: (i) the relationships course located between two states, or a river or international between the Bank and her borrowers and a surface river discharging into a river located waterways between States (members or non members in one or two states, be they members of the of the Bank); and (ii) the international wa- World Bank or not tercourses are used and efficiently protect- (b) a river branch which is a component of a ed. watercourse descried under item (a); recog- nized to be a necessary communication chan- The policy applies to the following project nel between the ocean and the other states, and types: (a) hydro electric, irrigation, flood any river discharging into these waters and (c) control, drainage, water collection, indus- a bay, strait, or channel bound by two states or trial and other projects involving the use or more or flowing in an unknown state. potential pollution of international water- courses, and (b) detailed studies for project The project will not affect international wa- design under item (a) above quoted includ- ters. ing those carried out by the Bank in her position of implementation agency or else. OP 7.60 The objective of this policy is to operate in This policy is triggered if the project proposed Projects such a way that problems experienced by is located in a «contentious area». located in projects in contentious areas are tackled as contentious early as possible so that: (a) the relation- The project will not fund sub-projects in dis- zones ships between the Bank and member coun- puted areas. tries are not affected; (b) the relationships between the borrower and neighbors are not affected; and either the Bank or concerned countries do not suffer any damage because of this situation.

70 Annex 5: Sample Terms of Reference for EIA

In case an EIA has to be undertaken for any specific UPPET project, the MoES will procure the services of a certified NEMA EIA Practitioner to undertake the EIA study. The following will be the content of the ToR’s for this study.

Introduction and Context This part will be completed at a time and will include necessary information related to the context and methodology to carry out the study. It will briefly describe the purpose and objectives of UPPET, and the specific UPPET project for which the EIA is undertaken.

Objectives of EIA study

• To identify all likely positive and negative environmental impacts due to the SPE- CIFIC UPPET project;

• To identify and evaluate all significant negative environmental impacts, and propose appropriate mitigation measures for the attention of the developer, for incor- poration into the final construction and operational phases;

• To propose an environmental management plan for all aspects of the specific project.

EIA study tasks The consultant should realize the following:  Describe the project characteristics, including extent, land requirement, material requirements, construction works, and the beneficiary community;  Describe the biophysical characteristics of the environment where the project activities will be realized; and underline the main constraints that need to be taken into account at the field preparation, construction works and future school or project operations;  Assess the potential environmental and social impacts related to project activities and recommend adequate mitigation measures, including costs estimation.  Review alternative more cost-effective and environmentally and socially friendli- er options for achieving the same objectives,  Review policy, legal and institutional framework, at national and international level, related to the environment and identify the constraints for best practices in management with appropriate recommendations for improvements,  Identify responsibilities and actors for the implementation of proposed mitigation measures,  Assess the capacity available to implement the proposed mitigation measures, and suggest recommendations in terms of training and capacity building and estimate their costs,  Develop an Environmental Management Plan (EMP) for the project. The EMP should underline (i) the potential environmental and social impacts resulting from project activities (ii) the proposed mitigation measures; (iii) the institutional responsibilities for implementation; (iv) the monitoring indicators; (v) the institu-

71 tional responsibilities for monitoring and implementation of mitigation measures; (vi) the costs of activities; and (vii) the implementation schedule,  Public consultations: The EIA results and the proposed mitigation measures will be discussed with populations, NGOs, local administration and other stakeholders impacted by the project activities. Recommendations from this public consultation will be include in the final EIA report.

Plan of the EIA Report

Cover page Table of contents - List of acronyms - Executive summary - Introduction - Description of project activities - Description of environment in the project area - Description of policy, legal and institutional framework - Presentation of results of public consultations and disclosure, and proposed social action by the developer; - Description of methodology and techniques used in the assessment and ana- lyses of project impacts, - Description of environmental and social impacts of project activities, - Environmental Management Plan (EMP) for the project including the proposed mitigation measures; the institutional responsibilities for implementation; the monitoring indicators; the institutional responsibilities for monitoring and implementation of mitigation; Summary table for EMP - Recommendations - References - List of persons / institutions met

Qualification of the Consultant The Consultant/Team Leader of the EIA study will be a NEMA Certified EIA Practi- tioner, and will act as agreed by the MoES in consultation with NEMA.

Duration of Study The duration of study will be determined according to the type of activity.

Production of Final Report The consultant will produce the final report one (1) week after receiving comments from the developer, MoES

Supervision of Study The consultancy will be supervised by the MoES.

72 Annex 6: Environmental Guidelines for Construction Work.

General: Applicability of These Environmental Guidelines and ESMP

1. These general environmental guidelines on construction work to be undertaken by any Project in Uganda shall apply to the UPPET construction activities. For certain work sites entailing specific environmental and/or social issues, a specific Environmental and Social Impact Assessment, including an Environ- mental and Social Management Plan (ESMP), shall be prepared to address the above-mentioned specific issues based on the general environmental guidelines for construction work. In addition to these general Environmental Guide- lines, the Contractor shall therefore comply with any specific ESMP for the works he is responsible for. The Contractor shall after being informed by the District Environmental officer here-in referred to as a focal point person (FP) about such an ESMP for certain work sites, prepare his work strategy and plan to fully take into account relevant provisions of that ESMP. If the Contractor fails to implement the approved ESMP as embodied in the contract documents and/or after written instructions by the designated works supervisor, the Client on the advise of the district local government leadership particularly the CAO and based on the authentic reports from the DEO reserves the right to arrange for execution of the missing action by a third party on account of the Contrac- tor.

2. Notwithstanding the Contractor’s obligation under the above clause, the Con- tractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore work sites to acceptable standards, and abide by any environmental performance requirements specified in an ESMP where such an ESMP applies.

3. These Environmental Guidelines, as well as any specific ESMP, apply to the Contractor. They also apply to any sub-contractors present on Project work sites at the request of the Contractor with permission from the Client.

General Environmental Protection Measures 4. In general, environmental protection measures to be taken at any work site shall include but not be limited to:

(a) Minimize the effect of dust on the environment resulting from earth works, vi- brating equipment, construction related traffic on temporary or existing access roads, etc. to ensure safety, health and the protection of workers and communities living in the vicinity of work sites and access roads.

(b) Ensure that noise levels emanating from machinery, vehicles and noisy construction activities (e.g. excavation, blasting) comply with NEMA standards and are generally kept at a minimum for the safety, health and protection of workers and nearby communities within the vicinity of noise sources.

(c) Ensure that existing water flow regimes in rivers, streams and other natural or irrigation channels are maintained and/or re-established where they are dis- rupted due to works being carried out.

73 (d) Prevent any construction-generated substance, including bitumen, oils, lubri- cants and waste water used or produced during the execution of works, from entering into rivers, streams, irrigation channels and other natural water bodies/reservoirs.

(e) Avoid or minimize the occurrence of standing water in holes, trenches, borrow areas, etc (f) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building of temporary construction camps and access roads on the biophysical environment including protected areas and arable lands; local communities and their settlements. Restore/rehabilitate all sites to acceptable standards.

(g) Upon discovery of graves, cemeteries, cultural sites of any kind, including an- cient heritage, relics or anything that might or believed to be of archeological or historical importance during the execution of works, immediately report such findings to the Client so that the Ministry of Tourism, Trade and Industry may be expeditiously contacted for fulfillment of the measures aimed at pro- tecting such historical or archaeological resources.

In the event that the Contractor encounters chance finds during construction and/or rehabilitation activities, he will contact the appropriate MoES Official overseeing the sub-project with the view to passing on this information to:  the Ministry of Tourism, Trade and Industry,  the Authority of Research and Conservation of Cultural Heritage.

(h) Prohibit construction workers from engaging in the exploitation of natural resources such as hunting, fishing, and collection of forest products or any other activity that might have a negative impact on the social and economic welfare of the local communities. Prohibit explicitly the transport of any bush meat in Contrac- tor’s vehicles.

(i) Prohibit the transport of firearms in Project-related vehicles.

(j) Prohibit the transport of third parties in Project-related vehicles.

(k) Implement soil erosion control measures in order to avoid surface run off and prevent siltation, etc.

(l) Ensure that waste management, sanitation and drinking water facilities are provided in construction workers camps.

(m) Ensure that, in as much as possible, local materials are used to avoid importa- tion of foreign material and long distance transportation.

(n) Ensure public safety, and meet Ugandan traffic safety requirements for the execution of works to avoid accidents including Ugandan speed limits, and any other traffic restrictions related with construction activities at Project sites.

74 (o) Ensure that any trench, pit, excavation, hole or other hazardous feature is appropriately demarcated and signposted as safety measures.

(q) Ensure that casual workers are hired from neighboring communities.

(r) Generally comply with any requirements of Ugandan law and regulations.

5. Besides the regular inspection of the sites by the supervisor appointed by the Client for adherence to the Contract conditions and specifications, the Client may appoint an environmental inspector to oversee the compliance with these environmental conditions and any proposed mitigation measures. District or Municipal Environmental Officers may carry out similar inspection duties. In all cases, as directed by the Client’s supervisor, the Contractor shall comply with directives from such inspectors.

6. No trench of sand shall be left open for more than 7 days, unless duly autho- rized by the supervisor upon Contractor’s request. Trenches and other excavation works shall be demarcated and/or signposted to avoid third party intru- sion.

7. General conditions related with topsoil stripping, storage and restoration apply.

8. The Contractor will take measures to dispose of water used for construction activities in a manner that does not affect neighboring settlements.

Waste Management

9. All drums, containers, bags, etc. containing oil/fuel/surfacing materials and other hazardous chemicals shall be stored at construction sites on a sealed and/or bonded area in order to contain potential spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed off at designated disposal sites in line with applicable Ugandan National waste management regulations.

10. All drainage and effluent from storage areas, workshops, housing quarters and generally from camp sites shall be captured and treated before being discharged into the drainage or natural environment system in line with applicable government water pollution control regulations.

11. Used oil from maintenance shall be collected, properly stored in sealed containers, and either disposed of appropriately at designated sites or be re-cycled.

12. Entry of runoff into construction sites, staging areas, camp sites, shall be restricted by constructing diversion channels or holding structures such as berms, drains, dams, etc. to reduce the potential of soil erosion and water pollution.

75 13. Construction waste shall not be left in stockpiles along the road, but removed and reused or disposed of on a daily basis.

14. Where temporary dump sites for clean excavated material are necessary, they shall be located in areas, approved by the Client’s supervisor, where they will not result in supplemental erosion. Any compensation related with the use of such sites shall be settled prior to their use.

15. Areas for temporary storage of hazardous materials such as contaminated liquid and solid materials shall be approved by the supervisor and appropriate local and/or relevant national or local authorities before the commencement of work. Disposal of such waste shall be in existing, approved sites.

Quarries and Borrow Areas

16. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operate quarries or borrow areas. The location of quarries and borrow areas shall be subject to review and approval by relevant local and national authorities.

17. New extraction sites: a) Shall not be located less than 200m from settlement areas, archaeological areas, cultural sites – including churches and cemeteries, wetlands or any other valued ecosystem component, or on high or steep ground. b) Shall not be located in water bodies, or adjacent to them, as well as to springs, wells, well fields. c) Shall not be located in or near forest reserves, natural habitats or national parks. d) Shall be designed and operated in the perspective of an easy and effective rehabilitation. Areas with minimal vegetation cover such as flat and bare ground, or areas covered with grass only or covered with shrubs less than 1.5m in height, are preferred. e) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing and safety hazards for third parties.

18. Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall not be done more than two months in advance of operations.

19. Stockpile areas shall be located in areas where trees or other natural obstacles can act as buffers to prevent dust pollution, and generally at a distance from human settlements. Wind shall be taken into consideration when sitting stockpile areas. Perimeter drains shall be built around stockpile areas.

76 20. The Contractor shall deposit any excess material in accordance with the principles of these guidelines, and any applicable ESMP, in areas approved by local authorities and/or the supervisor.

Rehabilitation of Work and Camp Sites

21. Topsoil shall be stripped, removed and stored for subsequent rehabilitation. Soils shall not be stripped when they are wet. Topsoil shall not be stored in large or high heaps. Low mounds of no more than 1 to 2m high are recommended.

22. Generally, rehabilitation of work and camp sites shall follow the following principles: - To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired. - Remove toxic materials and dispose of them in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute groundwater and soil. - Ensure reshaped land is formed so as to be stable, adequately drained and suitable for the desired long-term land use, and allow natural regeneration of vegetation. - Minimize erosion by wind and water both during and after the process of reinstatement. - Compacted surfaces shall be deep ripped to relieve compaction unless sub- surface conditions dictate otherwise.

Management of Water Needed for Construction Purposes

23. The Contractor shall at all costs avoid conflicting with water needs of local communities. To this effect, any temporary water abstraction for construction needs from either ground or surface water shall be submitted to the following community consultation process: - Identification of water uses that may be affected by the planned water abstraction, - Consultation with all identified groups of users about the planned water abstraction, - In the event that a potential conflict is identified, report to the supervising authority.

This consultation process shall be documented by the Contractor (minutes of meeting) for review and eventual authorization of the water withdrawal by the Client’s supervisor.

24. Abstraction of both surface and underground water shall only be done with the consultation of the local community as mentioned and after obtaining a permit from the relevant authority.

25. Abstraction of water from wetlands is prohibited.

77 26. Temporary damming of streams and rivers shall be subject to approval by the appropriate water regulatory authority – The Directorate of Water Resources Management. It shall be done in such a way as to avoid disrupting water supplies to communities downstream, and to maintain the ecological balance of the river system.

27. No construction water containing spoils or site effluent, especially cement and oil, shall be allowed to flow into natural water drainage courses. Similarly, wash water from washing out of equipment shall not be discharged into water courses or road drains.

28. Site spoils and temporary stockpiles shall be located away from the drainage system, and surface run off shall be directed away from stockpiles to prevent erosion and pollution.

Traffic Management and Community Safety

29. Location of temporary access roads shall be done in consultation with the local community and based on the screening results, especially in important or sensitive environments. Temporary access roads shall not traverse wetland areas or other ecologically sensitive areas. The construction of any access roads shall be submitted to a prior consultation process with potentially affected communities that will have to be documented (minutes of meetings) for review and approval by the appropriate Local Government entity.

30. Upon the completion of civil works, all temporary access roads shall be ripped and rehabilitated.

31. Measures shall be taken to suppress dust emissions generated by Project traffic.

32. Maximum speed limits for any traffic related with construction at Project sites shall conform to Ugandan regulations or any others put in place for the purposes of execution of works in a safe environment.

Salvaging and Disposal of Obsolete Components Found by Rehabilitation Works

33. Obsolete materials and construction elements such as electro-mechanical equipment, pipes, accessories and demolished structures shall be salvaged and disposed of in a manner approved by the supervisor and in conformity with the disposal regulations in force. The Contractor will agree with the supervisor which elements are to be surrendered to the Client’s premises, which will be recycled or reused, and which will be disposed of through approved disposal processes or landfill sites.

34. Any asbestos cement material that might be uncovered when performing rehabilitation works will be considered as hazardous material and disposed of at a designated facility.

78 Compensation of Damage to Property

35. Compensation of land acquired permanently for Project purposes will be han- dled under Client responsibility based on the provisions of the RPF. However, in the event that the Contractor, deliberately or accidentally, damages property, he shall repair the property to the owner’s satisfaction and at his own cost. For each repair, the Contractor shall obtain from the owner/user a certificate that the damage has been made good satisfactorily in order to indemnify the Client from subsequent claims.

36. In any case where compensation for inconveniences, damage of crops etc. are claimed by the owner, the Client has to be informed by the Contractor through the supervisor.

Contractor’s Health, Safety and Environment Management Plan (HSE-MP)

37. Within 6 weeks of signing the Contract, the Contractor shall prepare an HSE- MP to ensure the adequate management of the health, safety, environmental and social aspects of the works, including implementation of the requirements of these general conditions and any specific requirements of an ESMP for the works. The Contractor’s EHS-MP will serve two main purposes:

38. The Contractor’s HSE-MP shall provide at least: - a description of procedures and methods for complying with these general environmental management conditions, and any specific conditions specified in an ESMP; - a description of specific mitigation measures that will be implemented in order to minimize adverse impacts; - a description of all planned monitoring activities and the reporting thereof; and - the internal organizational, management and reporting mechanisms put in place for such.

39. The Contractor’s HSE-MP will be reviewed and approved by the Client before start of the works. This review should demonstrate if the Contractor’s HSE-MP covers all of the identified impacts, and has defined appropriate measures to counteract any potential impacts.

HSE Reporting

40. The Contractor shall prepare bi-monthly progress reports to the Client on compliance with these general conditions, the sub-project ESMP if any, and his own HSE-MP. The Contractor’s reports will include information on: - HSE management actions/measures taken, including approvals sought from local or national authorities;

79 - Problems encountered in relation to HSE aspects (incidents, including de- lays, cost consequences, etc. as a result thereof); - Non-compliance with contract requirements on the part of the Contractor; - Changes of assumptions, conditions, measures, designs and actual works in relation to HSE aspects; and - Observations, concerns raised and/or decisions taken with regard to HSE management during site meetings.

41. The reporting of any significant HSE incidents shall be done as soon as practicable. Such incident reporting shall therefore be done individually. The Contractor should keep his own records on health, safety and welfare of persons, and damage to property. It is advisable to include such records, as well as copies of incident reports, as appendixes to the bi-monthly reports. Details of HSE performance will be reported to the Client.

Training of Contractor’s Personnel

42. The Contractor shall provide sufficient training to its own personnel to ensure that they are all aware of the relevant aspects of these general conditions, any project ESMP, and its own HSE-MP, and are able to fulfill their expected roles and functions. Specific training will be provided to those employees that have particular responsibilities associated with the implementation of the HSE-MP. Training activities will be documented for potential review by the Client.

43. Amongst other issues, training will include an awareness session for all employees on HIV-AIDS addressing the following topics: - What is HIV/AIDS? - How is HIV/AIDS contracted? - HIV/AIDS prevention.