E4398
Government of Republic of Malawi
Ministry of Education, Science and Technology.
Skills Development Project, 2014-2018.
Project ID P131660
ENVIRONMENTAL & SOCIAL MANAGEMENT FRAMEWORK.
Proponent
The Secretary for Education, Science and Technology, Ministry of Education, Science and Technology, P/Bag 328, Capital City, Lilongwe 3 Phone: 265 – 1 789 822 Facsimile: 265 – 1 788 184 Malawi .
December 2013
i Table of Contents
Table of contents i Annexes ii Tables ii Acronyms iii Executive Summary iv
1.0.0 Chapter One: Background information on the project. 1
1.1.0 Introduction on the project. 1.2.0 Proponent and implementing agencies. 1.3.0 Components of the proposed project. 1.4.0 Project appraisal under World Bank Safeguards Policies. 1.5.0 Justification of environmental and social management framework for the project. 1.6.0 Aim and objectives of the environmental and social management framework. 1.7.0 Users of environmental and social management framework. 1.8.0 Technical approach in the preparation of the report.
2.0.0 Chapter Two: Project Description and Implementation activities. 6
2.1.0 Rationale for Higher Education and Skills Development Project. 2.2.0 Proposed scope of expansion and rehabilitation works. 2.3.0 Outline of main civil works and outputs 2.4.0 Screening potential environmental and social impacts from civil works 2.5.0 Analysis of alternatives in project implementation.
3.0.0 Chapter Three: Description of Policy, Legal and Administrative Framework for preparation of Environmental Impact Assessment in Malawi. 12
3.1.0 Policy Framework for preparation of environmental impact assessment in Malawi 3.2.0 Administrative Framework for environmental impact assessment in Malawi 3.3.0 Legal Framework for preparation of environmental impact assessment in Malawi. 3.4.0 Review of other relevant policies and laws applicable to the project. 3.5.0 Summary of statutory approvals/licenses to be obtained for the sub-projects. 3.6.0 Review of World Bank Safeguards Policies and Implications for adherence.
4.0.0 Chapter Four Environmental Setting and Analysis of conditions of environmental Resources in Malawi. 18
4.1.0 Land Resources.
i 4.2.0 Population and Human Settlements. 4.3.0 Health Situation and HIV/Aids Prevalence. 4.4.0 Climate and Rainfall. 4.5.0 Forest Resources. 4.6.0 Water Resources.
5.0.0 Chapter Five: Environmental and Social Screening Process for Sub- projects. 22
5.1.0 Environmental and social screening framework 5.2.0 Steps in Environmental and social screening process. 5.3.0 Use of the environmental and social checklists. 5.4.0 Carrying out environmental assessment. 5.5.0 Consultation and disclosure. 5.6.0 Recommendations on environmental and social screening of sub-projects
6.0.0 Chapter Six: Environmental and Social Management and Monitoring Plans 31
6.1.0 An overview of environmental and social management plan. 6.2.0 An overview of environmental monitoring plan 6.3.0 Definition of roles and responsibilities. 6.4.0 Capacity development and training.
Annexes
Annex 1: Terms of reference for environmental and social management framework. 38 Annex 2: Summary of World Bank Safeguards Policies. 41 Annex 3 Environmental and social screening Form for sub-projects. 43 Annex 4 Generic Environmental and Social Checklists. 46 Annex 5 Environmental and social checklist for roads sub-projects 48 Annex 6 Terms of reference for environmental and social screening for expansions. 50 And rehabilitation works for infrastructure under HESD Projects in public colleges Annex 7 Environmental and Social Contractors Rules. 51 Annex 8 Sample Chance Find Procedures 53 Annex 9: List of people consulted on preparation and revision of environmental and social management framework 54 Annex 9 Summary of main comments/ suggestions raised by stakeholders 56
ii Tables
Table 1 Basic outline of civil works within the project. 8 Table 2 Outline of potential negative environmental and social impacts, sources and potential risks 10 Table 3 Lists of statutory approvals for individual sub-projects during implementation 18 Table 4 Environmental and social management plan for a typical construction and Rehabilitation works at a public college 32 Table 5 Environmental monitoring plan. 34
Acronyms
ARAP Abbreviated Resettlement Action Plan DC District Commissioner DEA Director of Environmental Affairs DEC District Executive Committee DESC District Environmental Sub – Committee DFO District Forestry Officer EAD Environmental Affairs Department EIA Environmental Impact Assessment EMA Environnent Management Act ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environnemental and Social Management Plan GOM Government of Malawi ha hectare HESD Higher Education and Skills Development Project HIV Human Immune Defiency Sydrome Virus IDA International Development Association LUANAR Lilongwe University of Agriculture and Natural Resources. UNIMA University of Malawi. iii MGDS Malawi Growth and Development Strategy. MK Malawi Kwacha mm millimetre. MOEST Ministry of Education, Science and Technology NAC National Aids Commission. NCE National Council on Environment. NCHE National Council of Higher Education NEAP National Environmental Action Plan. NEP National Environmental Policy. NGO Non – governmental organization. ODL Open Distance Learning RPF Resetlement Policy Framework. TCE Technical Committee on the Environment. TEVETA Technical Vocation and Entrepreneurship Training Authority.
EXECUTIVE SUMMARY This document serves as an Environmental and Social Management Framework for Higher Education and Skills Development Project. The proponent is Government of Republic of Malawi. The government is seeking the financial support of US$50.00 million from the International Development Association of the World Bank for a Higher Education and Skills Development Project. The proposed implementation period is 5 years, from 2014 to 2018. The proposed Higher Education and Skills Development Project is aimed to improve the role of tertiary and skills development institutions to produce high quality professionals with relevant knowledge and skills that meet the demands of the economy in line with the Malawi Growth and Development Strategy. 1.0 PROJECT COMPONENTS.
Component 1 will cover activities to increase access to and enhance market relevance of skills development. Activities will be implemented by National Higher Education Council, Mzuzu University, Malawi Polytechnic and Chancellor College, Lilongwe University of Agriculture and Natural Resources and Technical Education Vocational and Entrepreneurship Training Authority. The main instrument for implementing this sub-component will be performance agreements between the Ministry of Finance and selected university colleges and skills development iv institutions. The performance agreements will help clarify each institution’s distinctive mission, the scope and focus of its educational provision, expectations of its performance, and the labour market areas for which each institution prepares graduates.
Main activities of the component will be (i) expansion and rehabilitation of infrastru cture and facilities at the colleges (ii) scaling up of open distance learning and e- learning initiatives to increase access market related fields, and application of information, communication and technology in program delivery, (iii); provision of subsidies for needy students to access technical training. In order to increase market relevance of programs the following key activities will be supported under the project (i) provision of appropriate equipment and teaching and learning materials; (ii) devel opment and revision of curriculum involving the private sector and based on needs a ssessment; and full scale adoption of the revised curricula; (iii) capacity building initi atives to ensure the steady improvement in the quality of skills development trainers.
Component 2 of the project activities will focus to strengthen capacities for progra m implementation. Main activities will include: (i) capacity building for the National Council for Higher Education and institutions in the areas fiduciary management, pro gram coordination and sector planning; and (iii) design and implementation of targeted and efficient student loan financing system. 2.0 RATIONALE FOR THE HIGHER EDUCATION AND SKILLS DEVELOPMENT PROJECT. The proposed Higher Education and Skills Development Project will increase the availability of skilled labour at all levels (university, technician, and artisan for both the formal and informal sectors) in priority sectors as articulated in Economic Recovery Programme, the National Education Sector Plan (NESP) and Malawi Development and Growth Strategy (MDGS) II 2012-2016. Currently, the supply of qualified skilled professionals and technicians in Malawi is highly inadequate because of challenges in faced in higher education and skills development programmes. Developing economies require various types and levels of qualified professionals, specialists with advanced university degrees, professionals and technicians with middle-level vocational qualifications, as well as lower level artisans. The proposed Higher Education and Skills Development Project will enhance a balanced skills development system combining universities and non-university institutions, including technical and vocational training institutions - to address skills shortages in the economy in a comprehensive and integrated manner.
3.0 SCOPE OF CONSTRUCTION AND REHABILITATION WORKS. This report focuses on appraisal of environmental and social safeguards of the project activities. The components of much relevance to environmental and social safeguards are proposed infrastructural development activities at the colleges. Basic description of proposed rehabilitation and expansion activities are as follows:
v Rehabilitation activities at Chancellor College, The Malawi Polytechnic, Mzuzu University will include maintenance of leaking roofs, broken fittings, drainage works, painting, re-surfacing of worn access roads. Planned expansion involves the construction of satellite learning centres in six education divisions, constructions of additional lecture rooms, laboratories, office blocks, library facilities, office space, boarding facilities, dining and kitchen facilities, ablution facilities for students and staff and storm water drainage inside the campus. Rehabilitation activities at Bunda College of Agriculture will include extensions to l ibrary, maintenance of drains, water and electrical installations, and painting. Plan ned minor expansion involves the construction of ancillary store rooms, ablution f acilities for students and staff, and related walkways.
4.0 PROJECT APPRAISAL UNDER WORLD BANK SAFEGUARDS POLICIES.
Initial appraisal of Higher Education and Skills Development project under World Ban k Safeguards Policies, has indicated implications on some negative environmental an d social impacts, and the project has been rated under category B of Operational Poli cy 4:01 (Environmental Assessment). Other safeguards policies triggered are: Opera tional Policy 4:11 (Physical Cultural Properties) and Operational Policy 4.12 (Involunta ry Resettlement). The appraisal under category B of Operational Policy 4:01 (Environ mental Assessment) entails that potential environmental and social impacts would ha ve moderate significance in the environs, and there is need of environmental manag ement plans to address the impacts. The main sources of impacts would be from con struction and rehabilitation works of the facilities at various campuses of both public and private colleges. Potential environmental impacts from rehabilitation works and construction of new additional infrastructure would include: clearance of trees and grass on sites, dust emissions, noise nuisance, and clearance of some trees on sites, increase in discharge of surface runoff and soil erosion, increase on solid and liquid wastes on premises among others. Some social impacts may include increase in incidences of theft and burglary cases; increase in spread of HIV/AIDS and other sexually infected diseases due to influx of migrant workers. This Environmental and Social Management Framework has been prepared to guide o n environmental screening and management of all sub-projects under this project. A separate Resettlement Policy Framework (RPF) has been prepared to guide resettlem ent and compensation planning and management of socio-economic risks from proje ct activities.
This Environmental and Social Management Framework (ESMF) provides an overall guidance on environmental and social screening and management of the project. Separate and detailed environmental and social management plans will be prepared to cover specific projects (sub-projects) to be implemented under this project. The justification for preparation of this environmental and social management framework at this stage is to provide overall guidance. It is not possible to prepare site specific environmental and social management plans because the specific locations of civil works within the communities are not known at the moment. Project sites and scope of construction and rehabilitation works have not been finalised.
vi Typical Environmental and Social Management Plan and Environmental Monitoring Plan for a construction and rehabilitation project are presented in chapter 6 as table 5 and 6. These plans will be used as guidelines in preparation of site specific environmental and social management plans for sub-projects (construction and rehabilitation works).
5.0 AIM AND OBJECTIVES OF ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK. The aim of the environmental and social management framework (ESMF) is to establish procedures for initial screening of the negative impacts which would require attention, prior to project implementation within sites. Key specific objectives for the assessment are: a) To undertake initial forecast of the main potential environmental and social impa cts of the planned and future project activities. b) To recommend environmental and social screening process for project sites and sub-project activities for environmental and social considerations. c) To review environmental policies of Malawi Government in implementation of the project and relevant the World Bank Operational Policies to be triggered by the p roject. d) To develop an environmental management plan for addressing negative external ities in the course of project implementation and operation within environs. e) To recommend appropriate capacity building for environmental planning and mo nitoring in the project activities. f) To recommend appropriate further environmental work, including preparation of the site-specific ESIAs/ESMPs for sub-projects.
6.0 USERS OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK. The Environmental and Social Management Framework contains useful information on the procedures for environmental and social screening for sub-projects, potential environmental and social impacts; measures for addressing the negative impacts, recommended environmental and social rules for contractors. In addition, the framework contains useful information on list of required statutory approvals/licences which need to be obtained for project activities. Such information will be useful in planning, implementation of the proposed project activities. In this regard, the report will be useful to the following stakeholders: Ministry of Education, Science and Technology, implementing agencies, project consultants (Project Manager, Project Architects, Landscape Architects and Project Engineers), project construction contractors, local authorities and central government agencies responsible for environmental planning and monitoring.
vii viii 1.0.0 CHAPTER ONE: BANKGROUND ON THE PROJECT.
1.1.0 INTRODUCTION ON THE PROJECT.
The proposed project is Higher Education and Skills Development (HESD) Project. The project is aimed to improve the role of tertiary and skills development institutions to produce high quality professionals with relevant knowledge and skills that meet the demands of the economy in line with the Economic Recovery Programme and the Malawi Growth and Development Strategy 2012 - 2016. The proposed period of the project is five years, from 2014 to 2018. The source of funding is a loan of US$50 million from the International Development Association (IDA) of the World Bank Group to the Government of Republic of Malawi.
The proposed project will follow a results based approach to enhance the ability of unskilled young adults and adults to gain relevant skills and improving the availability of skilled labour at all levels (university, technician, and artisan) in priority sectors as articulated in the National Education Sector Plan (NESP) 2008-2017 and Malawi Growth and Development Strategy II 2012-2016. The project will also support Government’s capacity to develop a more rational higher education financing model, strengthening systemic linkages to the private sector, streamlining the TEVETA qualif ication system in line with labour market needs, and building management capacities at the national and institutional levels. 1.2.0 PROPONENT AND IMPLEMENTING AGENCIES. The proponent of the proposed Higher Education and Skills Development Project on behalf of Government of Republic of Malawi is Secretary of Education, Science and Technology. Contact details and addresses of the proponent are as follows: Proponent Name : Secretary of Education, Science and Technology : Ministry of Education, Science and Technology Postal address : Private Bag 328, Capital City, Capital Hill, Lilongwe 3, Malawi.
Telephone : 265-01-789 422 Facsimile : 265-01-788 184 E-mail : [email protected] Project Contact official : Dr M. Magwira, Secretary for Education, Science and Technology.
Implementing agencies will include: National Higher Education Council (NHEC), Technical Vocational Entrepreneurship and Training Authority (TEVETA), Ministry of Labour and Vocational Training, University of Malawi (Chancellor College, The Malawi Polytechnic), Mzuzu University, Lilongwe University of Science and Natural Resources (LUANAR). A number of consultants and contractors will be hired in the design and implementation of civil works to enhance quality and timely completion of activities.
1.3.0 COMPONENTS OF THE PROPOSED PROJECT.
The project has two components. Component 1 will finance performance agreements to support increasing access to and enhanced market-relevance to supported skills d evelopment institutions. Component 2 will focus on systems strengthening and policy development in the skills development areas including monitoring and evaluation, fid 1 uciary reforms, and the establishment of a targeted and efficient student loan schem e.. Brief activities of each of these components are as follows:
Component 1: Performance Agreement.
The objective of this component is to expand access and enhance market-relevance of programs delivered in skills development institutions.
The main instrument for implementing this component will be performance agreements between the Ministry of Finance and selected skills development institutions: Mzuzu University, Malawi Polytechnic and Chancellor College (both constituent colleges of the University of Malawi), the Lilongwe University of Agriculture and Natural Resources; and TEVETA. The performance agreements will help clarify each institution’s distinctive mission, the scope and focus of its educational provision, expectations of its performance, and the labour market areas for which each institution prepares graduates. Performance agreements will include a set of initiatives in line with the institutions mission and comparative advantage in the areas indicated in the PDO. They will respond to the need for sustainable increase in access and market-relevance.
Capacity building activities supported under the project will include the following: (i) expansion and rehabilitation of infrastructure; (ii) scaling up open and distance initiat ives to increase access to market related programs and application of ICT in program delivery; and (iii) provision of subsidies for needy students to access artisan training
Activities to increase market-relevance of training programmes to be supported und er the project will include: (i) provision of appropriate equipment and teaching and le arning materials; (ii) development and revision of curricula involving the private sect or ; and full scale adoption of the revised curricula, including for short upgrading cou rses; (iii) capacity building initiatives to ensure the steady improvement in the qualit y of academic and training staff, including master craft men; and (iv) capacity building of a harmonized assessment and certification system.
Project activities on expansion and rehabilitation works will include rehabilitations of existing buildings/premises, extensions of spaces of existing training facilities and ma y also include construction of additional education training facilities within the campu ses. Specific rehabilitations activities will include repairs of walls, drainage works, wa ter and electrical installations, repairs of floors, maintenance of access roads, paintin g repairs of walkways and storm water drains. Construction of new facilities will inclu de new instructional workshops, new satellite learning centres (for Mzuzu University), various new lecture rooms, floor office blocks with ancillary store rooms, ablution faci lities for staff and students.
Component 2: Technical assistance for performance agreement and system strengthening.
The objective of this component is to strengthen capacities for program implementati on. Activities to be financed include: (i) capacity building for the NCHE and institution s in the areas of fiduciary management, MIS, program coordination and sector planni ng; (ii) development of a comprehensive, reliable and timely Higher Education 2 Management Information System; (iii) monitoring and evaluation activities including t hird party validation studies; (iv) design and implementation of selected polices direc tly linked to the first component including resource; and (v) design and implementati on of a targeted and efficient student loan scheme.
1.4.0 PROJECT APPRAISAL UNDER WORLD BANK SAFEGUARDS POLICIES.
Initial appraisal of Higher Education and Skills Development project under World Ban k Safeguards Policies, has indicated implications on some negative impacts, and the project has been rated under category B of Operational Policy 4:01 (Environmental A ssessment). Other safeguards policies triggered are: Operational Policy 4:11 (Physic al Cultural Properties) and Operational Policy 4.12 (Involuntary Resettlement). The ap praisal under category B of Operational Policy 4:01 (Environmental Assessment) enta ils that potential environmental and social impacts would have moderate significance in the environs, and there is need of environmental management plans to address th e impacts. The main sources of impacts would be from proposed expansions and reh abilitation works of the facilities at various campuses of both public and private colle ges.
Potential environmental impacts from rehabilitation works and construction of new additional infrastructure would include: clearance of trees and grass on sites, dust emissions, noise nuisance, and clearance of some trees on sites, increase in discharge of surface runoff and soil erosion, increase on solid and liquid wastes on premises among others. Some social impacts will include increase in incidences of theft and burglary cases; increase in spread of HIV/AIDS and other sexually infected diseases due to influx of migrant workers. This Environmental and Social Management Framework has been prepared to guide o n environmental screening and management of all sub-projects. It should be pointed out however, that upon results screening of the projects, some sub-projects may be s ubjected to further environmental assessment before implementation. A separate Re settlement Policy Framework (RPF) has been prepared to guide resettlement plannin g and management of socio-economic risks from project activities.
1.5.0 JUSTIFICATION FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK FOR THE PROJECT. Section 24 of Environment Management (60:02) stipulates the integration of environmental and social considerations in various development activities in Malawi. The proposed infrastructural development works under Higher Education and Skills Development Project has potential to generate several negative impacts to the environment. This document is not an environmental and social assessment of the project, but a framework to upstream environmental and social considerations design and implementation of the various sub-projects of the project. This Environmental and Social Management Framework (ESMF) provides an overall guidance on environmental screening and management for various sub-projects. The justification for this framework is from the following reasons: (a) Civil works under this project would be many and cover the entire country, in both urban and rural community settings. Construction and rehabilitation 3 works of public colleges and TEVETA accredited private colleges under the project would certainly enhance some environmental and social negative impacts such soil erosion, dust emissions, loss of trees, contamination of land from spillage of oils and diesels, discharge of both solid and liquid wastes. (b) The specific locations of civil works within the communities are not known at the moment as land sites would be selected at a later stage by the implementing agencies. However, based from previous experiences on construction/rehabilitation works of, most of the project will be within existing campuses, and adjustment to existing facilities. In this context, the implementation and indeed construction of new lecture rooms, new office blocks, workshops, and classrooms would enhance loss of trees on sites, dust emissions, emissions of gaseous emissions from project equipment, soil erosion, noise pollution from project vehicles on the site, contamination of land from spillage of oils and diesels, generation of solid and liquid wastes from workers and students during construction and operational stages. 1.6.0 AIM AND OBJECTIVES OF ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK.
The aim of the environmental and social management framework (ESMF) is to establish procedures for initial screening of the negative impacts which would require attention, prior to project implementation within sites. Key specific objectives for the assessment are: a) To describe components of the proposed Higher Education and Skills Development Project b) To recommend environmental and social screening process for project sites and sub-project activities for environmental and social considerations. c) To review environmental policies and procedures of the Government of Malawi in implementation of Higher Education and Skills Development Project. d) To forecast the potential environmental and social impacts of project activities. e) To develop an environmental management plan with recommended mitigation m easures for addressing negative externalities in the course of project implementa tion. f) To recommend appropriate capacity building for environmental planning and mo nitoring in the project
1.7.0 USERS OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK.
The ESMF contains useful information on the procedures for environmental and social screening for sub-projects, potential environmental and social impacts; measures for addressing the negative impacts, recommended environmental and social rules for contractors. In addition, the framework contains useful information on list of required statutory approvals/licences which need to be obtained in order to ensure that the implementation and management of the project follows sound environmental management practices stipulated in various policies and pieces of legislation in Malawi. Such information will be useful in planning, implementation of the proposed project activities. In this regard, the report will be useful to the following stakeholders: proponent (Ministry of Education, Science and Technology), implementing agencies, project consultants (Project Manager, Project Architects, Lan dscape Architects and Project Engineers), project construction contractors, local auth
4 orities and central government agencies responsible for environmental planning and monitoring.
1.8.0 TECHNICAL APPROACH IN PREPARATION OF ENVIRONMENTAL FRAMEWORK.
The focus of the assignment was to undertake initial scoping potential environmental impacts of the activities and prepare and an environmental and social management framework to guide the further environmental considerations in project planning and implementation. In order to achieve these targets, various methods (such as interviews of selected stakeholders, site visits to selected sites, literature review,) were adopted in the assignment.
Step 1: Review of existing literature.
This step involved a review of some existing literature and documents with informatio n and data related to the project. Documents reviewed included: Project concept pap ers, project approval documents, World Bank Environmental and Social Safeguards Po licies, environmental profiles in Malawi, national environmental and social related poli cies and pieces of legislation. Examples of data and information obtained from such s ources include background information on project, background information on Malaw i’s environmental policies and pieces of legislation, data on rainfall, flora and fauna, p opulation statistics, altitude of the area; rainfall figures and the maps used in the rep ort. All these documents have been duly acknowledged in the reference page of this f ramework.
Step 2: Field surveys in the project area.
This step involved field surveys around selected sites of existing public and private t echnical colleges, and one public university colleges in Lilongwe The objectives of the field surveys were to observe extent of existing land within the campuses, and also t o capture baseline data on the components of the environments. In addition, the field surveys provided opportunities to characterize the scale/extent of potential impacts a nd effects from construction/rehabilitation works.
Step 3: Stakeholder Consultations. This step involved soliciting views from selected stakeholders. Selected stakeholders to the project were consulted and these include the following. Consultations with senior officials at World Bank Malawi Office, Ministry of Education, Science and Technology and Ministry of Labour and Vocational Training. The discussions centred on aim and objectives of the project, the scope of the project, design and modalities of implementation. Consultations took place in Lilongwe on 20 -22 March 2013 and December 11-12, 2013 Interviews and discussions with senior central government officials. These discussions involved senior officials of government departments such as Environmental Affairs Department, Regional Commissioner for Lands and Valuation (centre), Buildings Department and National Aids Commissions (NAC). The discussions centred on screening of potential impacts and ways and means implementing suitable mitigation measures for potential environmental and social impacts. Consultations took place from 2-5 April, 2013
5 Step 4: Preparation of environmental and social management plans.
This step involved the identification of mitigation measures for the potential negative impacts; identification of enhancement measures for positive impacts and development of monitoring systems for the implementation of mitigation measures.
1.9.0CONSTRAINTS AND LIMITATIONS. The information presented in this report is by and large consistent with the data and information gathered through the various sources and approaches outlined above. However, just as in any study, there could be some gaps of information in the report. One constraint was that some people (who are ideally key stakeholders to the project) understood the purpose of initial appraisal of the project and the preparation of environmental and social management framework differently due lack of knowledge and advance awareness of the exercise. In view of this, the consultants devoted some considerable time in awareness discussions, including question and answer sessions, prior to settling down to real issues of consultation. Secondly, the consultants could not interview and discuss with all stakeholders due to time limitations. Examples of those stakeholders not consulted are students and teachers. As such, while the findings and issues advanced in this report reflect the general views and feelings of some selected people, they may not cover the specific issues from some unique situations or some individuals affected by the project. Lastly, but not least, some of the information in the report was processed from secondary sources and such data include information for initial project proposals, rainfall and temperature data, employment data, population data among others. It is therefore necessary to understand such information with the time reference and their inherent limitations.
2.0.0 CHAPTER TWO: PROJECT DESCRIPTION AND IMPLEMENTATION ACTIVITIES.
Higher Education and Skills Development Project is aimed to improve the role of tertiary and skills development institutions to produce high quality professionals with relevant knowledge and skills that meet the demands of the economy in line with the Economic Recovery Programme and the Malawi Growth and Development Strategy 2012-2016. In order to implement and accommodate more activities of the project, preparatory activities are expansion and rehabilitation of training facilities at the various colleges. More space is required to accommodate more students in the next five years.
Project activities on expansion and rehabilitation works will include rehabilitation works of existing buildings/premises, extensions of spaces of existing training facilities and may also include construction of additional education training facilities within the campuses. Specific rehabilitations activities will include repairs of walls, drainage works, water and electrical installations, repairs of floors, maintenance of access roads, painting repairs of walkways and storm water drains. Construction of new facilities will include new instructional workshops, various new lecture rooms, floor office blocks with ancillary store rooms, ablution facilities for staff and students.
2.1.0 RATIONALE FOR THE HIGHER EDUCATION AND SKILLS DEVELOPMENT PROJECT.
The supply of qualified skilled professionals and technicians in Malawi is highly inadequate because of challenges in faced in higher education and skills
6 development programmes. Developing economies require various types and levels of qualified professionals, specialists with advanced university degrees, professionals and technicians with middle-level vocational qualifications, as well as lower level artisans. The proposed Higher Education and Skills Development Project will enhance a balanced skills development system combining universities and non-university institutions, including technical and vocational training institutions, to address skills shortages in the economy in a comprehensive and integrated manner. The project will increase the availability of skilled labour at all levels (university, technician, and artisan for both the formal and informal sectors) in priority sectors as articulated in Economic Recovery Programme, the National Education Sector Plan (NESP) and Malawi Development and Growth Strategy (MDGS) II 2012-2016. Specifically, the project will contribute to higher education and skill development in Malawi in the follows ways: a) Inadequate enrollment in skills training and development in Malawian colleges. Current enrollment rate in Government sponsored professional, technicians, and high level artisans is about 1% and is among the lowest in the world. Due to financial and institutional limitations, there is little scope for expansion of access to higher education and skills development. Marginalized groups, such as youth from poor households, school drop-outs and people living in the rural areas face considerable problems to access relevant skills development programs. Studies indicate that university colleges in Malawi are only able to absorb 32 percent of those who completed their Malawi Secondary Certificate of Education (MSCE) and not even 3% of secondary school completers can be absorbed in formal TEVETA programs. The proposed Higher Education and Skills Development (HESD) Project will provide mechanisms to expand intake for students and improve access to skills development in Malawi. b) Expansion of much needed infrastructure for higher educational and skills development. The existing infrastructure in most colleges of higher education and technical colleges were designed for small classes. It is difficult to adapt them to accommodate higher enrollments and the requirements of the diverse programs that are now being offered. In addition, there has been insufficient funding allocated to maintain the infrastructure, which is now in very poor condition and in some cases not conducive to learning. This has resulted in overcrowding thereby constraining further expansion of enrollments in both public and private institutions. The institutions now need large infrastructure for multiple uses such lecture theatres and multi-purpose halls in addition to specialized facilities that can accommodate larger number of students. c) Expansion the use of information, communication and technology in higher education. Information communication and technology has great potential to enhance open and distance learning in Malawi. The proposed project will provide funds to upscale information, communication and technology within colleges. Current experiences indicate that Open and Distance Learning (ODL) and e-learning program are beginning to address constraints to access in a cost efficient manner. Chancellor College currently has an ongoing PAN African e-Network project which offers courses using a satellite network with funding from the University of Delhi over a 5 - year period. Resources are limited to expand existing programs into e-learning programs 7 and convert these programs to open distance programs accessible to students throughout the country. The project will also support with relevance information, communication and technology equipment and materials to enhance technical training in open and distance learning programmes. 2.2.0 PROPOSED SCOPE OF EXPANSION AND REHABILITATION WORKS. Proposed activities on civil works on four public colleges will include minor expansions and rehabilitation works. Main activities include the following: (i) Rehabilitation and expansion works at Chancellor College. Activities will include maintenance of selected leaking roofs, broken fittings, drains, water and electrical installations, painting of some buildings. Planned expansion involves the construction of additional lecture rooms, 2 laboratories, 2 office blocks, library facilities, office space, boarding facilities, dining and kitchen facilities, ablution facilities for students and staff, and related walkways. (ii)Rehabilitation and minor expansion works at the Malawi Polytechnic. Activities will include maintenance of leaking roofs, broken fittings, drainage maintenance, water and electrical installations, and painting. Planned minor expansion involves the construction of one double storey office block (with 32 offices), one conference hall, two lecture theatres, and one instruction workshop, with ancillary store rooms, cloakroom and ablution facilities for students and staff, and related walkways, access road, and storm water drainage inside the campus. iii) Expansion and rehabilitation works of Mzuzu University. Activities will include maintenance of leaking roofs, broken fittings, storm water drains, water and electrical installations, and painting. Planned minor expansion involves the construction of satellite learning centres (for distance learning) in seven Malawi’s Education Divisions, construction of a new classrooms, with ancillary store rooms, ablution facilities for students and staff, and related walkways, access road, and storm water drainage inside the campus. iv) Expansion and rehabilitation works at Lilongwe University of Agricul ture and Natural Resources.
Activities will include extensions to library, repairing of malfunctioning drainag e, water and electrical installations, and painting. Planned minor expansion inv olves the construction of ancillary store rooms, ablution facilities for students a nd staff, and related walkways.
8 2.3.0OUTLINE OF MAIN CIVIL WORKS, INPUTS AND OUTS. Civil works will be into components – preliminary activities and construction/rehabilit ation works Based on preliminary description of the sub-projects under infrastructural activities, civil works will vary from one area to another. The scope of inputs will also vary from one sub-project to another. Table 1 outlines some of basic activities (inputs, outputs) related to construction/rehabilitation works.
Table 1: Basic outline of civil works within the projects.
List of project activities Main inputs into Main outputs of the project activities activities. Site/land clearance Graders, bulldozers, Cleared and leveled land at caterpillars. project sites
Construction of contractors Bricks and sand, Iron Site offices for contractors site offices, toilets for sheets, Cement and sand Storage facilities for contractors labourers. Planks , Water , cement Temporary toilets for use by laborers during construction. Construction of new lecture Bricks, cement 8 new lecture rooms at rooms, classrooms, new Rocks and sand, cement Chancellor College office blocks and new Water , planks and iron 2 new lecture rooms for the ablution blocks. sheets Malawi Polytechnic Door and window frames 1 lecture room for Mzuzu University Construction of one new Bricks, cement New instructional workshop for instructional workshops, new Rocks and sand, cement Malawi Polytechnic office blocks Water , planks and iron New office block (with 32 sheets offices) for Malawi Polytechnic Door and window frames Rehabilitations of existing Bricks, cement Refurbished buildings/facilities buildings/facilities such as Wire and water pipes Rehabilitated drains and painting, re-installations of Sand, rocks, water culverts electrical and plumbing works Rehabilitation works of Gravel and rocks Service and access roads service infrastructure such Water and cement. finished to bitumen. as access roads, car parks Concrete slabs, tar Concrete lined storm water and water drains within the drains site
Construction activities consume considerable volumes of sand, cement and water per month. In view of this large water consumption during construction works, arrangements will be made with relevant authorities for sourcing of cement, sand and water in order to minimize negative risks. Considering the expected civil works in all project sites, the estimated number of workers may range from 50 workers (for small civil workers) to about 400 workers) for larger works. These will include labourers, carpenters, builders, foremen, security guards, architects, engineers, technicians, quantity surveyors, storekeepers; drivers will be involved in these construction activities from stage one to stage four outlined above.
2.4.0 SCREENING POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS FROM CIVIL WORK S.
9 Environmental and social Screening will be undertaken for each of the proposed sub- project in order to ascertain specific environmental and social impacts for activities. Environmental and social management plans have to be drawn and recommendations integrated in construction contracts before bidding process.
Construction of new facilities and rehabilitation works has potential to generate a range of physical and socio-economic changes in the project impact areas. The changes and activities generate both positive benefits and negative impacts to the public and the environs. Screening of environmental and social impacts in construction projects follows project’s life cycle dimension of the project. In this case, the strategy is to explore the potential impacts and effects at each of the main phase of its development cycle. Life cycle of construction works has three logically linked phases of project which are as follows. First is the construction project phase which include activities such as site clearance, land levelling and construction works. These activities are undertaken with help of machinery such as graders, caterpillars and trucks. Demobilisation phase covers activities related to demobilization of construction workers from the site, the clearance of workers’ camps, site offices, and re - location of project machinery from the site and rehabilitation of the area. The third phase is operational and maintenance stage of facilities. This phase involves business operations within premises. Basically, the process of impact prediction and identification involved exploration and examination possible changes and externalities, which the project activities in the three main phases would generate to the environment.
Based on the proposed scope of civil works, this study has identified some potential environmental and social impacts. Main negative environmental impacts from construction works include: increase in harmful gaseous emissions from project vehicles, increase in dust emissions, contamination of land from spillage of oils and diesels, increase in soil erosion, noise pollutions, creation of borrow pits, incidences of communicable diseases and health hazards to workers. Table 2 overleaf summarises these impacts in terms of sources and potential effects to the public and environment.
Almost all civil works at Chancellor College, The Malawi Polytechnic, Lilongwe University of Agriculture and Natural Resources will take place within the campuses. There will be no need of land acquisition, and impacts will be limited. However, some civil works such as construction of new satellite centres for open distance learning for Mzuzu University in other parts of the country may require land acquisitions to accommodate new infrastructures. Land acquisitions for new satellite centres would entail land tenure changes, and potential loss of important assets for livelihoods for local people.
10 Table 2: Outline of potential of negative environmental and social impacts, their sources and potential risks. Potential negative impacts Potential sources/ causes of the Effects in the project impact area (without mitigation predicted impacts measures) a)Potential negative impacts during construction phase. 1) Increase in soil erosion from site. Top soil stripping on the site, increase in Increase in soil erosion would lead to land degradation. runoff during rainy season 2) Increase in suspended solids and The increase in runoff on debris, silts The impact would probably change physical composition of sediments delivery in surface water. from site clearance surface water and increase in water contamination in water resources in short term 3) Increase in brick making and sand Anticipation of demand of the burnt The borrow pits would increase incidences of pools of stagnant mining within the area bricks for construction works water and enhance in multiplication of mosquitoes in the project area. Mosquitoes spread of malaria to workers and local people. 4) Increase in crime and spread of STDs, Influx of migrant workers into the sub- The impact may occur if the workers and the local population are including HIV/AIDS project areas. not sensitized on causes of HIV/AIDS. 5) Increase in pollution of surface and Open defection and urinating by migrant The impact would probably occur and degrade water resources ground water resources in the work force; Spillage of petroleum with bad smell and disease causing germs in the project area and environs products (diesels, oils) beyond 6) Generation of noise pollution to Use of heavy equipment such as graders, The impact would certainly occur and noise would possibly cause general public and workers caterpillars, concrete mixers on project problems to eardrums of workers and local people due to site. vibrations and high pitch. 7) Generations of reparable dust From earth works, dusty stockpiles of The impact would certainly occur and emissions would cause emissions soils, construction vehicles breathing problems to people due to inhaling and, also soak in clothes for workers and local people 8) Introduction of problematic invasive Brought by migrant workers and The impact may occur and probably have a slight negative effect plants equipment. and at local level in short term. The impacts can be mitigated Inappropriate management of stockpiles of soils.
9) Displacement of people, restriction of Construction activities that may require Negative effects on people’s livelihoods due to the project. access to resources land acquisition. Temporary or Lack of compensation to project affected people permanent restriction of access due to construction activities 10) Generation of construction waste Worker’s camp, construction site Increased pollution on site and in the vicinity of the project site 11) Exposure to hazardous materials such Indiscriminate disposal of off cuts from The impact may occur if the workers/contractors do not properly as sharp wood objects, metal wood wood, metals and nails on the site may take care sharp objects such as off cuts of metal and wood cuttings objects on the site harm workers ( b ) Potential negative impacts from operational activities of new educational facilities/rehabilitated facilities 1) Increase in discharge of runoff from The compaction of the land; The Increase in runoff would probably increase volume of soil erosion 10 project sites construction of bitumen roads, gravel in the area in the project area in medium term roads within premises. 2) Increase in soil erosion from the new The un cleared stockpiles top soils Increase in soil erosion would probably increase loss of soil fertility project site. within premises, increase in runoff during in the area within the project area in long term. rainy season 3) The occurrence of stagnant water Un rehabilitated borrow pits The impact would enhance the transmission of malaria within the within area project area. 4) Discharge of sewage from facilities The discharge of liquid wastes from Inadequate sewage management may possibly cause air pollution toilets and kitchens from bad smell, enhance the multiplication pests and spread of diseases within the project area 5) Generation of solid wastes (paper, The disposal of wastes such as paper, Indiscriminate disposal and inadequate management may possibly food remains and general wastes from food remains, plastics among others. cause air pollution from bad smell, enhance the multiplication staff and sports patrons/fans at the pests and spread of diseases stadium
Further screening will be undertaken for proposed construction and rehabilitation works at Mzuzu University, Bunda College of Agriculture, Chancellor College, The Malawi Polytechnic, and the new satellite centres. It is expected that screening reports will provide detailed impacts for each component and determine the need for preparation of ESIA/ESMP.
11 2.5.0 ANALYSIS OF ALTERNATIVES IN PROJECT IMPLEMENTATION.
The proposed expansion and rehabilitation works will focus on existing public university colleges. The section highlights potential alternatives - which if adopted in design implementation of project activities - can minimize scope of negative and social impacts. Potential options which can be adopted are: the “no project” option alternative construction materials, and alternative methods of sewage disposal.
The first alternative to considered is “no project” option. This alternative scenario entails that the abandonment of the project on expansions and rehabilitation works of educational facilities at colleges altogether. This option further assumes that the existing training facilities are adequate, and are in good physical state, and do not require rehabilitation or repair. This option has its own environmental advantages and disadvantages. The main advantage is that the potential environmental and social impacts predicted in table 2 would not occur, and would not affect workers and various environmental components. Disadvantages include risks of overcrowding from the growing number of students at colleges/technical colleges. Socially, this option is not acceptable as it would deny a lot of Malawian students to access to higher education and skill development.
The second alternative is the use of environmentally friendly materials. Currently, common construction materials in Malawi are burnt bricks (walling materials) and wood planks for truces, window and door frames. Both the burning of locally made bricks and the use of wood planks on buildings exert serious pressure on indigenous vegetation in Malawi. In order to reduce pressure and depletion of forest resources, the alternative construction materials are cement bricks (for walling purposes) and the use of steel for window and door frames. The use of sustainable construction materials will be part of each construction contract.
The third alternative consideration is disposal of sewage from premises. Sewage from new office blocks, new lecture rooms, workshop would require disposal. Available facilities for management of sewage are: septic tanks and sewer connection to existing sewerage systems of the colleges (Chancellor College, The Malawi Polytechnic, Lilongwe University of Agriculture and Natural Resources, Mzuzu University). Construction of new septic tanks and soak ways would require more funds while sewer connections would require less money. Limited funds would be required to cover costs of sewer pipes and man-holes. In addition, septic tanks require emptying while sewer lines discharges sewage into sewerage works. The long term advantage of sewer line would be less maintenance costs and less risks of spillage of sewage from pipes.
11 3.0.0 CHAPTER THREE: DESCRIPTION OF POLICY, LEGAL AND ADMINISTRATIVE FRAMEW ORK FOR THE PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENTS FOR PROJ ECTS.
3.1.0 POLICY FRAMEWORK FOR PREPATION OF THE ENVIRONMENT IMPACT ASSESSMENTS. Over the years, Malawi has taken considerable strides in integration of environmental policies in development programmes with the aim of promoting and consolidating sustainable socio-economic development in the country. Some of environment related policies include: the National Environmental Action Plan, the National Environmental Policy, the Malawi National Land Policy, the Environmental Management Act, Occupational Health, Safety and Welfare Act, Town and Country Planning Act, and Local Government Act among others. Section 4.1.1 below provides an overview of policy framework for preparation of environmental impact assessment for prescribed projects in Malawi. This consideration has been necessary because the project has to observe the requirements of the various policies of the government in planning and implementation. 3.1.1 National Environmental Action Plan (NEAP). Malawi prepared National Environmental Action Plan (NEAP) as a framework for integrating the environmental planning into the overall socio-economic development of the country through broad public participation. National Environmental Action Plan (NEAP) highlights key environmental issues that need to be addressed which include soil erosion; deforestation; water resources degradation and depletion; threat to fish resources; threat to biodiversity; human habitat degradation; high population growth among others. NEAP also provides guidelines actions to be taken by stakeholders such as local communities, government, agencies, non-governmental organizations and donors in environmental planning and management. 3.1.2 National Environmental Policy (NEP). National Environmental Policy (2004) is based on the principles of National Environmental Action Plan, and provides broad policy framework on environmental planning in development programmes including undertaking environmental impact assessments for prescribed projects. The overall goal of National Environmental Policy is the promotion of sustainable social and economic development through the sound management of the environment in Malawi. The policy seeks to meet the following goals: secure for all persons resident in Malawi now and in the future, an environment suitable for their health and well-being; promote efficient utilisation and management of the country’s natural resources and encourage, where appropriate, long-term self-sufficiency in food, fuel wood and other energy requirements;
12 facilitate the restoration, maintenance and enhancement of the ecosystems and ecological processes essential for the functioning of the biosphere and prudent use of renewable resources; The National Environmental Policy has implications on the proposed Higher Education and Skills Development Project in proposed sites. Potential negative impacts would be increase of soil erosion from land leveling and lose soils, sewage discharge, ground water pollution from oils from leakages from construction vehicles among others. As a requirement under the environmental policy, the project will require to upstream adequate measures for protection of soil from erosion. It will be necessary therefore that an appropriate environmental management plan will have to be implemented during implementation and operation of the new project site at the site in order to mitigate negative impacts on river. 3.2.0 ADMINISTRATIVE FRAMEWORK FOR ENVIRONMENTAL IMPACT ASSESSMENTS. In Malawi, Environmental Affairs Department in the Ministry of Climate Change Management and Environment Affairs provides an administrative framework for environmental impacts assessments for prescribed projects. The department is based in Lilongwe, and is led by Director of Environmental Affairs who is assisted by a number of professional and administrative officers. The responsibilities of the department include advocating and spearheading sound natural resources utilization practices and mainstreaming of environmental management national development programmes. Environmental Affairs Department is supported by a Technical Committee on Environment, a multi-sectoral committee set up under Environment Management Act. It provides expertise advice to Environmental Affairs Department on a wide range environmental matters including scrutinizing environmental assessments for projects. It provides professional opinions and makes necessary recommendations to the Director for appropriate action. The Director for Environmental Affairs makes further recommendations on environmental impact assessments to the National Council on Environment (NCE) in the Ministry of Climate Change Management and Environmental Affairs for final consideration. The National Council on Environment is a policy making body and is made up Permanent Secretaries of government ministries and selected parastatals. The National Council of Environment (NCE) provides policy guidance and recommends decisions on environmental impact assessment reports to the Minister responsible for environmental matters. The Department of Environmental Affairs provides secretarial services to both the Technical Committee on Environment and the National Council on Environment 3.3.0 LEGAL FRAMEWORK ON PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT. 3.3.1 Environment Management Act (60:02), 1996. In Malawi, Environment Management Act, 1996 provides the basic legal framework for environmental planning including the preparation of environmental impact assessments for prescribed projects. The Environmental Management Act, 1996 is administered by the Director for Environment Affairs in the Environmental Affairs Department of the Ministry of Climate Change Management and Environment Affairs. The law covers specific responsibilities and duties for various public authorities in the environmental planning and management. The examples are as follows:
13 Section 9 sets out the powers and functions of the Environmental Affairs Department and duties of the Director of Environmental Affairs. The duties include spearheading environmental planning and monitoring in the country. Section 10 of the Environment Management Act has provisions for the establishment, powers and duties of the National Council on Environment (NCE). The National Council on Environment is a policy making body which advises the Minister and the government on all matters regarding mainstreaming of environmental planning and management in public and private sector projects. The council is composed of Principal Secretaries of government ministries and selected senior executives of parastatals such as Malawi Bureau of Standards, National Herbarium of Malawi and University of Malawi. Its role includes overseeing the mainstreaming of environmental issues in socio-economic development programmes, overseeing the processing of environmental impact assessments for projects in Malawi. The National Council on Environment meets at least four times a year to deliberate matters before it Section 16 of the Environment Management Act has provisions for the establishment, the powers and duties of an inter-agency Technical Committee on Environment (TCE). The Technical Committee on Environment is composed of multi-disciplinary professionals. It acts as a technical arm for the Department of Environmental Affairs which provides technical expertise and professional recommendations on matters of environmental planning and management including environmental impact assessment of projects. The Technical Committee on Environment (TCE) meets at least six times to scrutinise and review environmental impact assessments for projects and programmes as well as other matters. The Director of Environmental Affairs provides secretarial services to the Technical Committee on Environment on its operations. Section 24 of the Environmental Management Act outlines the steps to be followed in the preparation of project briefs of projects which would require environmental impact assessment .Project briefs are the documents for appraisal of projects to determine whether or not environmental impact assessment would be required for particular projects. Section 26 (3) of the act specifies that any project subject to environmental impact assessment cannot be issued with a licence by any licensing authority in Malawi for implementation until a satisfactory impact study report is approved and a certificate is issued by the Director of Environmental Affairs.
3.3.2 Guidelines for Environmental Impact Assessments (EIA) in Malawi,1997. In line with section 24 of the Environmental Management Act, the Government of Republic of Malawi produced a set of Guidelines for Environmental Impact Assessment (EIA) in Malawi in 1997.The principal use is to facilitate the procedures, steps in mainstreaming environmental planning and management in all development programmes. The guidelines are used by government agencies, project developers, donors and the general public in their project planning processes. The aim of the guidelines is to integrate environmental concerns into national development strategies for all types of projects, in both the public and private sectors. The guidelines outline specific roles for institutions in managing environmental impact assessment, the mechanisms for integrating in project planning ; provide a list of prescribed projects that require an EIA (List A on pages 25 to 29 ) and a list of projects that may require an EIA (List B on pages 30 - 31) in all sectors. In case of the
14 project under study, the proposed Higher Education and Skills Development Project, it is a prescribed project under section A10.0 – land development, housing and human settlement sector project. The guidelines also provide a framework for the format and structure of the environmental impact assessment reports in order to adequately articulate environmental planning responsiveness. Both the Environment Management Act (EMA) and the Guidelines for Environmental Impact Assessment in Malawi have implications on the proposed project. The first is that the proposed project falls under prescribed list as required under the guidelines and as such the proponent has to comply with the preparation of an impact assessment as required under section 25 of the Environment Management Act. This is necessary so that the proponent prepares a comprehensive environmental management plan for mitigating potential risks during construction and during operation. 3.4.0 REVIEW OF OTHER RELEVANT POLICIES AND LAWS APPLICABLE FOR THE PROJECT. 3.4.1 Malawi National Land Policy (2002). The Malawi National Land Policy focuses on land as a basic resource common to all people of Malawi. The new policy provides opportunities for the people of Malawi to embark on a path of socially and environmentally sustainable development. In addition, the policy highlights a numbers of approaches for redressing problems facing land resources. Some of relevant provisions to circumstances of the project under study are as follows: Section 9.8.1 of the policy recognizes the need for environmental and social impact assessment of all big land development projects. This requirement is to integrate adequate environmental management plans and also to protect biodiversity and water resources The policy recognizes several sectoral policies and strategies in physical planning, environment, forestry, irrigation and wildlife and for this reason; it encourages multi-sectoral approach in land use and management at local and districts level. 3.4.2 Land Act (1965). Land Act deals with land tenure and land use quite comprehensively. The issues of land tenure and land use are recognized as critical in sustainable environmental management in Malawi. The Land Act highlights the sustainable use of land resources by strengthening and clearly defining security of tenure. This is essential, as people are more inclined to manage well land that they know belongs to them. The Malawi National Land Policy and Land Act have direct implications in the implementation of the project. The first issue is the compliance to procedures of appropriate acquisition of the land by implementing agencies such as colleges. Construction of new lecture rooms, office blocks and rehabilitation works in public colleges will be carried within existing premises/land of the implementing agencies and there will be no need of new title deeds. However, there will need for land acquisition and new titles or lease agreements for construction of new satellite training centres proposed by The Lilongwe University of Agriculture and Natural Resources and Mzuzu University . 3.4.3 Town and Country Planning Act (1988) The Town and Country Planning Act (cap 23.01), is a principal act for regulating land use planning and physical developments in Malawi. The aim is to enhance orderly spatial growth of human settlements activities. In addition, the laws promotes 15 enhance optimum use of land and service infrastructures, protect and conserve fragile environmental systems in space. These objectives are achieved by controlling building uses in designated zones local planning committees or Commissioner for Physical Planning. The control of developments is regulated under various sections in part V of the Town and Country Planning Act. Section 40 basically prescribes environmental and socio- economic assessment for large scale development projects before they can be granted planning permissions under this act. Normally this screening is undertaken by local councils on large projects before they can be sanctioned under this act. The implications of this act to the proposed project are two. First, Ministry of Education, Science and Technology has to undertake environmental assessment to comply with section 40 of this act. The justification outlined in this section is for the developers and local councils have to examine and appreciate in advance major detrimental effects that the project may bring in the natural environment. Secondly, all implementing agencies have to get planning approvals for sub-projects before implementation. 3.4.4 Local Government Act (1998). Local Government Act provides legal mandate for local councils in the planning, administration and implementation of various issues and development programmes in their respective geographical districts. One main function of the councils is that of local environmental planning and management .Some of the environmental management functions are provided in section 2 of the second schedule of functions of the council outlined in Local Government Act. These include town planning, building control, local afforestation programmes, control of soil erosion, and appropriate management of solid and liquid wastes. Colleges will have to collaborate with the councils in implementation and operational stages. The proponent will have to collaborate with councils on undertaking HIV/Aids interventions on construction site, undertaking HIV/Aids sensitization to mobile construction workers during construction phase. In addition, the implementing agencies have to work with the council on matters regarding collection, treatment and disposal of solid and liquid wastes from the new project site. 3.4.5 National Water Policy (2005) and Water Resources Act (2013). The Government of Malawi has a National Water Policy with the aim of providing a comprehensive and integrated water resource conservation and management within the country. The Ministry of Water Development and Irrigation is responsible for the coordination of water policy issues which include: protection of water resources, water resource planning and development, review of applications for water abstraction and water quality management including control of pollution. The principal statute which regulates water resource use, protection and conservation is the Water Resources Act (2013). The administration of these responsibilities rests with The National Water Resources Authority. The Water Resources Act (2013) is the legal framework for the establishment, powers and duties of the National Water Resources Authority. This is a policy making body which advises the government as a whole on all matters regarding water resource protection, abstraction and conservation. Its role includes overseeing the processing of applications for water rights and monitoring water abstraction. Section 88-89 outlines measures and restrictions to access to water, to abstractions and interferences in water flows, to pollution of water in public water resources by people
16 or companies. It is a requirement by people or companies who want to use water other than domestic uses by local people to apply for permission from the Water Resources Board before abstraction. There are a number of implications of National Water Policy and Water Resources Act (2013) related to the proposed project. First, the contractors may need to abstract water from Lilongwe River during construction/compaction of access roads and car parks. In this regard, contractors will have to apply for water rights abstraction from Water Resources Board. The second implications relate to connection of sewer line to existing sewerage systems of the colleges. 3.4.6 Water Works Act (1995). The Water Works Act provides the legal framework for the establishment of the water boards. These boards provide potable water to the public, commercial and institutional users. The Boards are also responsible for catchments protection and management in their respective geographical command areas. The implications of this law to the proposed project are basically two. The first step is that the colleges have to apply for connection to water mains to the project site as early as possible as required under section 21 of the Water Works Act. Second step is that the proponent has to indicate that the water would initially be used for construction of roads. These specific requirements are necessary under section 22 of the act, and are important for planning purposes. In essence these specifications will be provided for by the consultants for water reticulation on the site. 3.4.7 Public Health Act (1966). Public Health Act provides legal framework on planning and management of a wide range of health related issues including environmental health, occupational health and solid wastes management. Section 79 parts (a) – (b) provide legal power for local authority to enforce the provision of sewage works for large scale developments projects. Section 80 stipulates the requirements for preparation of detailed plans for planned sewage works for implementation. Section 82 outlines some activities which can limit the free flow of wastes into sewage works and which must be avoided as much as possible. These activities include disposal of solid wastes in oxidation ponds, disposal of chemical refuse, waste steam, and petroleum spirit or carbon calcium. Section 87 of Public health Act stipulates the need for proper drainage works for new buildings. The drainage works have to be designed so as to carefully drain out storm water and sub soil from building sites and cartilage. Section 88 stipulates the requirements for separate toilets for both female and male persons in public buildings or buildings which would be used by both male and female employees. All new facilities and rehabilitated will be provided appropriate number of toilets for their male and female employees. There are two implications in relation to the proposed project, and these are: the provision of appropriate toilets and provision of proper storm water drains. First, the development plans for project has to include provisions of drainage works and provision for adequate toilets for both female and male employees and sports fans/patrons are stipulation in this law. Secondly, contractors will have in place adequate temporary toilets for both female and male workers during construction period. 3.4.8 Occupational Safety, Health and Welfare Act (1997)
17 The act provides regulatory mechanisms to ensure safe and secure work places in Malawi. Under section 6 and 7 of this act, all work places (be it construction sites) require “work place registration certificate” from the Director of Occupational Safety, Health and Welfare in the Ministry of Labour and Vocational Training. General safety facilities stipulated for most work places include the following: adequate ventilation, cleaning materials and cleanliness of workplaces, lighting, washing facilities, change rooms for some workers, sanitary conveniences and first aid kits. Both employers and employees are sensitized on basic procedures for proper use and operations of the welfare and safety facilities within work places. Non – compliance or negligence on use of work safety facilities is an offence under sections 82 and 83 of the act. Penalties include a fine of up to MK200, 000.00 and 12 months imprisonment of the offenders.
Section 56 and 57 provide guidelines for prevention fire out breaks, and control of incidences of fire outbreaks within work places. Section 57 stipulates some recommend means of fire escapes from work places such as s and offices. These have to be properly labeled with red letters and kept free of obstruction at all times Examples are emergency escape door and emergency assembly points.
Section 58 stipulates the provisions of protective clothing (such as gloves, foot wear, screens and goggles.ear muff and head covering) to protect workers from excessive exposure to nuisances with some work activities. And section 59 stipulates the provisions for breathing masks to employees against excessive emissions of dust and fumes. Such incidences are common with construction sites and within large kitchens.
Some of the implications from the Occupational Safety, Health and Welfare Act for consideration in the construction site of the project are as follow:
Registration of the construction site by the contractor as “work place” in line with section 6 and 7 of the act Provision of necessary work place environmental health safety measures within construction site and project rooms. These could be sanitary facilities, washing rooms, change rooms, first aid kits and cleaning materials. Provision of protective clothing to construction workers in situations of exposure to risks. Installation of adequate measures for prevention and management of fire outbreaks within construction site and the project premises as specified under section 57 - 58 of the act Provision of emergency escape doors at the project and emergency assembly points
3.5.0 SUMMARY OF STATUTORY APPROVALS /LICENCES TO BE OBTAINED FOR THE SUB -PROJECTS. Construction and rehabilitation works at public colleges will require number approvals from government agencies. Normally, these approvals are processed and issued by licensing agencies after clearance from the Director of Environmental Affairs as stipulated in section 26 (3) of Environment Management Act.
18 Table below provides a summary of relevant statutory and regulatory approvals and licences to be obtained for the project is in line with sound n environmental management practices and in compliance with other relevant pieces of legislation. Column one lists the required statutory approvals/licences for the proposed project during implementation and operation, while column two outlines the legal and regulatory framework upon which the approvals/licences are prepared. Column three outlines the government department responsible for processing licences. Column four outlines the designated public officer responsible for processing the applications for statutory approvals/licences.
19 Table 3: List of statutory approvals/licences required for the individual sub-projects during implementation at the colleges.
List of statutory approvals /licences to be Regulatory framework Responsible department for Designated responsible obtained required for the project. processing the approval / officer for processing licence. 1. Environmental impact Environment Environmental Affairs Director of Environmental assessment certificate for the Management Act Department Affairs framework (Number 23,1996) Ministry of Climate Change To guide synchronization of environmental and Environment management in construction/rehabilitation works
List of approvals/licences to be obtained after consideration of an environment impact assessment (EIA) report and issue of clearance certificate by the Director of Environmental Affairs as stipulated in section 26 (3) of Environment Management Act.
2.Planning permission Town and Country City Councils in cities Director of Planning and To guide land use and building designs. Planning Act Development. (CAP 23.01) Regional Commissioner for Regional Commissioners for Physical Planning – rural Physical Planning. areas 3. Building permits Buildings By-laws of City councils Director of Planning and councils Development 4. Lease of the site Land Registration Act Department of Lands and Regional Commissioner for To regulate land use and land ownership ( Valuation Lands and Valuation construction sites for the satellite learning centres) Ministry of Lands and Housing 5.Work Place Registration Occupational Health, Ministry of Labour and Director of Occupational To guide occupational health and safety Safety and Welfare Act Vocational Training Health, Safety and Welfare standards at the construction sites and ( 55:01) facilities. 6.Sewer Connection Public Health Act Lilongwe City Council Director of Engineering To connect to existing trunk sewer system Services or existing college sewage ponds. 7.Approval for electricity connection. Electricity Act,1998 ESCOM Senior Regional Managers 20 To regulate electricity supply to project and facilities 8. Approval for potable water supply to Water Works Act (1995) Water Boards General Manager the site. To regulate the supply for potable water for construction purposes and use in facilities.
21 3.6.0REVIEW OF WORLD BANK SAFEGUARD POLICIES AND IMPLICATIONS FOR ADHERENCE.
Preliminary appraisal of the project on safeguards policies has been made, and result s of implications are summarized in annex 2. Results indicate whether and how the p roject activities trigger one of these policies. Those policies which have not been trig gered have been indicated.
Infrastructural development activities under Higher Education and Skills Developmen t Project have triggered two World Bank Safeguards Policies, and these are: Operatio nal Policy 4.01 (Environmental Assessment), OP 4.11 (Physical Cultural Resources) an d OP4.12 (Involuntary Resettlement). Proposed civil works for construction of new fac ilities and rehabilitation of facilities have potential of some negative impacts. The pro ject has been rated under category B of Operational Policy 4:01 (Environmental Asse ssment). The appraisal under category B of Operational Policy 4:01 (Environmental A ssessment) entails that potential environmental and social impacts would have mode rate significance in the environs, and there is need of environmental management pl ans to address the impacts. The main sources of impacts would be from expansions a nd rehabilitation works of the facilities at various campuses of both public and privat e colleges. All of the identified negative impacts can be reduced or in some cases avo ided, with timely implementation of the mitigation measures outlined in this report.
Environmental and Social Screening of all sub-projects will be undertaken during planning and design stage, before commencement of civil works on the site. Environmental and social management plans will be prepared to address all potential negative impacts. Resettlement screening exercise and/or Resettlement Action Plan will also be carried out in line with requirements of Resettlement Policy Framework. Resettlement screening guide measures to address social and economic impacts on project affected people.
3.6.1 Operational Policy 4:01 (Environmental Assessment) The objective of Operational Policy 4:01 (Environmental Assessment) to ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and mitigation of their likely environmental impacts. This policy is triggered if a project is likely to have potential adverse environmental and social impacts in its area of influence. The construction and rehabilitation of various types of sub-projects under Higher Education and Skills Development Project are likely to have some adverse environmental and social impacts, which will require mitigation. In order to comply with this safeguard policy, all implementing public colleges will carry out two activities on all sub-projects. These are:
(a) Environmental and social screening of sub-projects using a screening form attached as annex 3. The screening process will be done to appraise environmental and social risks and identify potential mitigation measures in advance. (b) Preparation of Environmental and Social Management Plan (ESMP) for individual sub-projects. ESMP will guide the implementation of mitigation measures where need be. (c) Annex 8 includes a sample Chance Find procedures to manage accidental discoveries of the physical cultural resources within the projects. These procedures will need to be incorporated into civil works contracts.
22 3.6.2 Physical Cultural Resources (OP 4.11) The project activities will not be located on or in proximity to known physical cultural resources (PCR) such as cultural artifacts, graves, shrines, or any other PCR. In case opportunistic PCR are discovered during soil excavation during the construction/rehabilitation of classrooms, proper procedures, as outlined in the Chance Finds Procedures, to be followed to preserve such physical cultural resources (Annex 8 oultines Sample of Chance Procedures to be followed in case of encounters on physical cultural resources.
3.6.3 Involuntary Resettlement (O.P.4.12) The objective of Operational Policy 4:12 (Involuntary Resettlement) is to avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs. Furthermore, it intends to assist displaced persons in improving their former living standards; it encourages community participation in planning and implementing resettlement and in providing assistance to affected people, regardless of the legality of title of land. This policy is triggered not only if physical relocation occurs, but also by any loss of land resulting in: relocation or loss of shelter; loss of assets or access to assets; loss of income sources or means of livelihood, whether or not the affected people must move to another location.
A separate document, the Resettlement Policy Framework (RPF) has been prepared for the proposed project. The RPF outlines the principles and procedures to be applied in the event that any Project involves land acquisition and thus require the mitigation of potential adverse social impacts. Where there is land acquisition, impact on assets, and/or loss of livelihood, the RPF guidelines must be followed and a RAP completed prior to sub-project implementation. In this project, land acquisition will be acquired for new satellite learning centres for Mzuzu University in other parts of the country. Where there are differences between Malawi’s legislation and the Bank’s operational policy, the latter prevails for the duration of project implementation.
23 4.0.0 CHAPTER FOUR: ENVIRONMENTAL AND SOCIAL SETTING AND ANALYSIS OF CONDITIONS OF ENVIRONMENTAL RESOURCES IN MALAWI.
The proposed Higher Education and Skills Development Project activities will cover b oth urban and rural areas of the country. Project activities involve rehabilitations, con struction, tree planting and drainage improvements. These activities affect different environmental components such as land resources, forest resources, hills and mount ains and river courses. It is important to establish the existing conditions of these nat ural resources. The purpose of this chapter is to provide an overview of the condition s of these environmental components across the country, and highlight the challenge s already faced by these environmental components. This is necessary in order to un derstand the existing pressure and risks posed by the proposed public works progra mme on the already fragile environmental components of Malawi.
Malawi is endowed with diverse natural resources, which include some of the most fe rtile soils, forest and water resources which accommodate diverse species of flora, fa una and fish resources. However these resources are currently challenged by comple x interaction of several factors which include the rapid rate of population growth of a bout 2.9% per annum. This imposes intensive pressure on the natural resources utili zation, leading to unsustainable land use, depletion of forest resources, and loss of bi odiversity, heavy soil erosion and water pollution.
The following paragraphs reviews some of the key country’s natural resources such a s land resources, atmospheric resources, biological resources and water resources as well as the agricultural activities.
4.1.0 LAND RESOURCES
(a)Land availability and agriculture. Malawi covers an area of about 11.8 million hectares of which 9.4 million is land and the remaining 2 million is under water bodies. Agricultural estates occupy 1.2 million hectares and the area potentially available for agriculture by small holders farmers is approximately 6.5 million hectares after adjusting for wetlands, steep slopes and traditional protected lands as presented in the following table: An overview of land availability in Malawi. Million % % of total hectares Total land area of Malawi 9.4 100 Less national parks, forests and game -1.7 18 reserve Land available for agriculture 7.7 82 Land available for smallholder agriculture and 7.7 100 82 estates Land under estates 1.2 16 13 Land available for smallholder farmers 6.5 84 69 Source: Malawi National Land Policy, 2002, page 7
Some official government estimates indicate that about 55% of the smallholder farm ers have less than one-hectare of cultivable land, which does not meet their basic foo d needs. As a result more than half of the population are unable to produce enough f or food and cash such that the majority live below the poverty line of US$280 per cap 24 ita income annually. Much of the shortage of arable land for cultivation for smaller ho lder farmers felt widely and rapidly increasing in the Southern and Central regions of the country. Arable land is already problematic in districts in central and southern reg ion of Malawi. As a result more than half of the population are unable to produce eno ugh for food and cash such that the majority live below the poverty line.
(b) Land Tenure Regimes In Malawi Malawi embraces the capitalistic ideals with regard to land ownership. There are five distinct land tenure classes existing in Malawi, which are detailed as follows: (i) Customary Land This is land held in trust for all people of Malawi by the president, who delegates his authority to traditional chiefs. This constitutes about 75% of the total 9.4 million hectares of the land. The land is commonly held and distributed to the people by local chiefs. Although each person has recognised ownership to a piece of land, he or she cannot trade on it as the land can be reassigned to other people in case the chiefs deem it fit. A coherent system in the distribution of land exists in both patrilineal and matrilineal societies. (ii)Leasehold Land This is part of private land that is leased by individuals or other legal residents. The lease period varies according to type of use that someone has applied for. Currently these fall into three groups of 21 years old leases for agricultural uses, 33 to 99 years old for property and infrastructure developments, and over 99 year lease for those who would wish to sublease to tenants of 99 years. About 8% of the land in Malawi is in this category. (iii) Registered Land This is grouped into two classes called customary registered and adjudicated land. The first exists in Lilongwe District only. This land is registered in the family leader name with all family names in that area registered including the size of their land holdings. Their implicit freehold status as the families can trade in its holding by leasing out or selling bits of it with groups consent. Loans can therefore be obtained on strength of their certificates to the land The second class is a simplified leasehold system, which allows owners to have certificates for their pieces of land based on survey and registration number. This is common in the urban areas, but has been applied in rural areas for agricultural, commercial and residential uses. In case the government decides to transfer the existing irrigation schemes to farmer groups, leasehold system would be an option for transferring the schemes. (iv) Freehold Land This is land, which has been granted to persons for perpetuity. The government has no specific control on transactions except on planning permission on uses. This lease is now limited to Malawian citizenship only. It is difficult to enforce conservation measures on this land because of the exclusivity, which the persons enjoy, particularly some owners who live overseas. (v) Government Land This is public land is owned and used by government for public utilities, schools, hospitals, government offices and other properties, markets, roads, government irrigation schemes and other public goods throughout the country. (vi) Public Land
25 Land managed by agencies of the government and traditional leaders in trusts for the people of Malawi, openly used or accessible to the public at large. This includes catchments areas, protected forest reserves, national parks, game reserves, dambos, community forests, riversides, flood plains, wet lands, military sites and others. Public colleges are located within government land. In almost all public colleges, there is substantial land which will be able to accommodate additional new classrooms, lecture theatres, instructional workshops, office blocks and conference halls. Rehabilitation works will not require additional land. However, the construction of satellite learning centres will require land acquisitions outside the colleges. These centres are proposed by Mzuzu University. Land may be acquired from customary or public type of land tenure. There would be need of compensations in such cases, based on the project Resettlement Policy Framework, a Resettlement Action Plan will be developed, consulted upon and disclosed prior to beginning on works on the site.
4.2.0 POPULATION AND HUMAN SETTLEMENTS.
The rate of population growth, density and distribution in a country have direct effects environment. Intensive and large scale human settlements enhance land degradation, natural resource utilization and depletion in incidences on excessive extraction. Infrastructural developments (water pipes, sewerage pipes, roads) have potential to negatively affect the environment. In this regard, understanding human settlement and socio-economic development is essential in environmental management. The estimated population of Malawi (2013) is 16 million, and the annual growth rate is 2.9%. Children under the age of 18 years constitute about 50% of the population size which indicates high dependency ratio. Females are about 53% of population while males are about 47% of the population. National Population density is 148 people per square kilometer. However, the southern half of the country has an average population density of about 350 persons per square kilometre. About 85% of the population live in rural areas and depend on small holder farming while only 15% of the population live in towns where as much as 75% of the urban population live in poor peri-urban and informal settlements Agriculture is the main stay of Malawi’s economy, accounting about 40% of gross domestic product and about 85% of export revenue. Small holder farming occupies about 4.5 million hectares while estates occupy about 1.2 million hectares of rural land. Some studies indicate that as much as 55% of the smallholder farmers have less than half of a hectare of cultivable land. As a result of this constraint, most rural households face difficulties in producing enough output for food and cash throughout the year. The country natural resources are crucial to its rural masses and local economy. Agriculture (especially smallholder farming), fishing and forestry account for a third of Malawi Gross Domestic Product. Agriculture alone accounts for about 90% of all export revenue, while providing about 50% of all employment in Malawi Main urban areas in Malawi are: City of Lilongwe (capital city, about 800,000 people), Blantyre (commercial capital, about 700,000 people), Zomba City (about 150,000 people) and Mzuzu City (estimated population of about 180,000 people). The majority (about 80%) in urban areas live in unplanned settlements, where there are inadequate services. Quality of housing in unplanned settlement is quite poor. Poor quality of housing is also visible in most rural areas. Population and Housing Census
26 (2008) results on Malawi’s housing indicates that housing structure in Malawi consists of 43% as traditional housing, 34% semi-permanent housing and 23% as permanent housing. Main building materials for permanent houses are burnt bricks, iron sheets, titles, concrete or asbestos for roofs. The semi-permanent houses are built of sun dried bricks and grass thatched while traditional house is built of mud walls and thatched roof. Major environmental problem in urban areas in human settlement is the existing of high density slums/squatter settlements. It is estimated that about 70% of urban population live in unplanned settlements where housing conditions are quite poor characterized by poor sanitation, lack of potable water, poor roads among others. Other major environmental problems in urban areas include indiscriminate disposal of solid wastes and liquid wastes.
4.3.0 HEALTH SITUATION AND HIV & AIDS PREVALENCE. Available and publish government statistics highlights poor health indicators on infant and material mortality rates in Malawi. Malawi infant mortality rate in estimated at 92 per 1000 live birth, child mortality rate is 133 per 1000 live births and maternal mortality rate is 784 per 100,000 live births. Leading causes of death include HIV/Aids related ailments, malaria, pneumonia, anemia, diarrhea and malnutrition. Malaria accounts for about 50% of monthly outpatient visits in Malawi.
National HIV and Aids prevalence rate in Malawi is 12% of adult population. However, prevalence rates vary from one region to the other and from rural to urban areas. The highest rate is in the Southern Region at 20.5% and lowest in Northern Region at 10.2%. Prevalence rate is 17.1% in urban areas and 10.8% in rural areas. Sexual intercourses including extra-marital sex between men and women are the main means of transmission of HIV/Aids in Malawi. Malawi Government National HIV & Aids Policy (2012) highlights that migrant workers (mobile population) and women are among categories of people vulnerable to transmission of HIV and Aids and other sexually transmitted diseases. Proposed construction of new classrooms, office blocks and works will bring some workers within college premises. Recruitment of migrant workers is anticipated during both construction phase and during factory operations phase. Single male migrant workers would be at increased likelihood of contracting HIV and Aids in the project area. The reason is that some migrant workers would approach potential infected female partners in the surrounding local communities or could be approached by sex workers in the area. In addition, increased disposal income from migrant workers may enhance some workers to indulge in extra –marital affairs will either local girls or married women within surrounding villages. . Sexual intercourses (involving migrant workers) during construction period may increase the spread of HV/Aids and sexually transmitted diseases. This may result into medium term negative impact at local level. The impact is of high significance. With mitigation measures, the impacts can be reduced to low significance. Recommended mitigation measures for adherence by contractors include: (a) prioritize hiring of local workers to migrants, (b) periodic distribution of both female and male condoms, (c) periodic HIV and Aids sensitization meetings for workers and their spouses (d) development of HIV and Aids Work Place Policy and disseminating of mitigation measures to workers. 4.4.0 CLIMATE AND RAINFALL. Malawi climate is influenced by proximity to the huge lake that covers almost two thirds of its entire length. The climate is tropical continental with three distinct 27 seasons, the hot - rainy season from November to April, the cool-dry season from May to July, the hot dry season from August to November.
Annual rainfall in Malawi ranges from 700 to 2200 millimeters. Topography and proximity to the lake influence its distribution. Least rainfall (about 700-800 millimeters per year) is registered in rain shadow areas such as the rift valley, west of shire highlands, North West of Viphya and Nyika highlands. Moderate rainfall (800- 1200 millimeters) occurs mostly in plains, which include Lilongwe – Kasungu Plains and West Mzimba Plains. Most of the arable and food crops are planted in this rainfall belt. High rainfall (1500-1900 millimetres per year) is experienced in high plateau areas such as Mulanje Mountains, Zomba highlands, Viphya and Nyika Highlands.
The mean annual minimum and maximum temperatures for Malawi range from 12 to 32 degree Celsius. The highest temperatures occur at the end of October or early November, but thereafter, the rains bring moderating effects. The cold periods are in June and July. Highest temperatures are recorded in the Shire Valley and along the lake shore while the lowest temperature are recorded over the high altitude areas particularly the Shire Highlands, the Viphya and Nyika Highlands, Dedza and Mulanje highlands.
Rainfall has profound impact on environmental degradation in Malawi. Surface runoff enhances soil erosion. In this regard, risks of soil erosion would be high from construction works under Public Works Programme during rainy seasons. Contractors and labourers have to schedule excavation works during the dry seasons. Additional erosion protection measures, including planting local species of trees, shrubs and grasses in the sensitive areas are recommended.
4.5.0 FOREST RESOURCES. Available government information estimates that about 28% (2,632, 000 hectares) of the total land area of Malawi can be broadly classified as forest land covered with vegetation. Out of these forest resources, 16000 hectares constitute plantations and woodlots. Protected forest reserves amount to 85 in number, totaling to about 1, 109, 626 hectares where as 154,137 hectares are proposed forest reserves and protected hills slopes. In addition, 800,000 hectares are natural woodlands on customary land. Forest resources on customary land are under pressure because it is annually being depleted at a rate of 1.6% (50,000 hectares) because of opening of new gardens, estates, firewood, pole collection, overgrazing, building infrastructure such as roads, settlements and bush fires. This has lead to deforestation and land degradation which have far reaching effects on living standards on the people. This situation has been aggravated by high annual population growth rate of over 2.4% Forests are a vital natural resource in Malawi. They supply 90 percent of the country’s energy needs and provide timber for construction and other industrial use. Forests help maintain air, soil and water quality; influence biochemical processes; regulate run-off and groundwater, reduce downstream sedimentation and the incidence of flash flooding in addition to controlling soil erosion; provide watershed protection and enhance water resources. About half of Malawi’s forest cover is on customary land, owned but the local communities. The rest of the forest area is in 28 National Parks and Wildlife Reserves either protected areas or proposed forest reserves (NEAP 2004). The extremely high reliance on biomass for energy needs imposes heavy strains on the biological diversity of the forest ecosystem in the country. A commitment to conserve the biological diversity and the natural resource base in Malawi is enshrined in the Constitution of Republic of Malawi under section 13 paragraph 4d (v). The forest resource base is being rapidly depleted by firewood and pole extraction, land clearing for cultivation and felling of high-grade timber species. This is big threat to sustainable agriculture development in Malawi. As such, sustainable management and conservation of the forest ecosystem is imperative.
Over the years, has supported several community based afforestation programme in Malawi. These initiatives have established many woodlots within homesteads, along rivers, around hills and some previously bare land. Most of these woodlots grow fast growing exotic tree species for supply of firewood or construction poles. Estimates indicate that over 1 million hectares of land has been covered by woodlots over the last ten years.
Specifically for the project, the implementation team will ensure that the construction materials are selected from certified sources avoiding effects on the forests, such as cutting trees for fuel for making bricks.
4.6.0 WATER RESOURCES. Malawi water resources are in two main categories namely: surface and ground water resources. Surface water resources are derived from rainfall. The rich surface water resources comprise a network of rivers and lakes that count for about 20% of the country’s area. The drainage system is divided into 17 water resources areas. The dominant water body is Lake Malawi and the Shire River systems, which are interlinked since the Shire River serves as the only outlet of Lake Malawi. Other extensive surface water bodies include Lakes Chilwa, Malombe, and Chiuta. And other important rivers are North Rukuru, South Rukuru, Lintwhite, Lilongwe, Ruo, Dwangwa, Bua, Phalombe and Mwanza. The hydro chemistry of the majority of the surface resources in Malawi is alkaline earth (calcium and magnesium) delineated by the cation group and by carbonate system in the anion group. Most of the surface waters are classified as soft, to moderately soft. Few areas have hard water. The microbiological quality of most major rivers is generally poor all the year round especially those that are draining through cities and towns. Typical count of faecal bacterial colonies range between 50 to100 per 100 millimeters of sampled water. The physical quality of surface water is also affected by human activity occurring in various catchment areas. High-suspended solids are found in most of the surface water bodies. High population growth has forced people to cultivate marginal areas, to clear vast expanses of land for tobacco, other crops and livestock farming. This has resulted in excessive soil erosion, loss of soils fertility, destruction of catchment areas, and loss of biological diversity and the natural resources base. Malawi contains some of the worlds’ important wetland ecosystems. The most important wetlands include the shorelines plains of Lakes Malawi, Lake Chilwa, and Lake Chiuta, a diversity of Dambo ecosystems, and the Elephants and Ndindi Marshes in the lower Shire Valley. Wetlands are the habitats of important plant and animal species such as birds in the Lake Chilwa plains, and the elephants in Ndindi marshes. In addition, the wetlands forms some sheltered fish spawning, nursery grounds and as habitat for
29 adult fish. The biological diversity of wetlands and other water resources have been negatively affected by high population pressure and over exploitation.
Civil works such as construction/rehabilitation works of public college may enhances soil erosion and subsequent siltation in surface drains, streams and rivers. Such siltation enhances pollution and also affects the growth of fish resources and other marine wildlife in rivers. Contractors and workers have to put in place measures to minimize soil erosion and siltation to surface drains, streams and rivers during civil works.
30 5.0.0 CHAPTER FIVE: THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS FO R SUB-PROJECTS.
The Malawi Environment Management Act (1996) and the Guidelines for Environmental Impact Assessment in Malawi (1997) prescribe steps for Environmental Impact Assessment for development projects in Malawi. However, these instruments do not contain guidelines regarding the screening, identification, assessment and mitigation of potential localized impacts of small-scale investments, where the project details and specific project sites are not known.
Environmental and Social Screening Process outlined below complements Malawi’s EIA procedures for meeting the environmental and social management requirements, as outlined in Appendix C of the EIA guidelines. The Environmental and Social Screening Process also meets the requirements of the World Bank’s OP 4.01 Environmental Assessment for small to medium scale projects. It provides a mechanism for ensuring that potential adverse environmental and social impacts of public works funded sub-projects are identified, assessed and mitigated as appropriate, through an environmental and social screening process. In this way the results of the screening process can complement the national environmental assessment process.
5.1.0 PURPOSE OF ENVIRONMENTAL AND SOCIAL SCREENING.
Since the specific details and locations of the new construction and rehabilitation works are not known at this time, the environmental and social screening process (the screening process) is necessary for the review and approval of the engineering plans, for the development of new and the rehabilitation of existing facilities . The objectives of the screening process are to: a) Determine the level of environmental work required (i.e. whether an EIA is required or not; the requirement and the scope of ESMP to be prepared; whether the application of simple mitigation measures will suffice; or whether no additional environmental work required); b) Determine appropriate mitigation measures for addressing adverse impacts; c) Determine which construction and rehabilitation activities are likely to have potential negative environmental and social impacts; e) Facilitate the review and approval of the screening results of the sub-projects. h) Provide guidelines for monitoring environmental and social parameters during the construction, rehabilitation, operation of the sub-projects.
5.2.0 STEPS IN ENVIRONMENTAL AND SOCIAL SCREENING OF THE PROJECTS. The extent of environmental work that might be required, prior to the commencement of construction and rehabilitation of the sub-projects will depend on the outcome of the screening process by District Environmental Sub Committee described below.
Step 1: Screening Of Sub-Project Activities and Sites. The first exercise is desk appraisal of the construction and rehabilitation plans, including infrastructure designs. This will be carried out by the District Environmental Sub-Committee at the district level.
31 Secondly, the District Environmental Sub-Committee, which includes the Environmental District Officer, will carry out the initial screening in the field, through the use of the Environmental and Social Screening Form (Annex 3). The screening form will facilitate the identification of potential environmental and social impacts, the determination of their significance, the assignment of the appropriate environmental category (consistent with OP 4.01), the determination of appropriate environmental and social mitigation measures, and the need to conduct an Environmental and Social Impact Assessment (ESIA). To ensure that the screening form is completed correctly for the various project locations and activities, training should be provided to members of the District Environmental Sub Committees as part of strengthening community level structures.
The flow diagram outline the screening activities for the proposed sub-projects.
Step1: Screening of sub-projects proposed for colleges
Step 6 Implementation and Step 2: Assignment of monitoring environmental categories (B or C, Category A Project projects to be excluded dropped/rejected from financing) due to serious risks at the site. Refer back to college. Step 5: Public Consultation and Disclosure Step 3: Carrying out environmental and social assessment
Step 4. Review and approval of ESIA or ESMP
Flow diagram of environmental and social screening of sub-projects.
Step 2: Assigning the Appropriate Environmental Categories
The environmental and social screening form, when completed, will provide information on the assignment of the appropriate environmental category to a particular activity for construction of new facilities or rehabilitation of existing structures. The Environmental Sub-Committee will be responsible for assigning the appropriate environmental category to the proposed sub-projects consistent with the requirements of OP 4.01: The activities of sub-projects have been categorized as environmental category B.
(a) Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural habitats - are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed 32 more readily than for Category A projects. The scope of environmental assessment for a Category B project may vary from project to project, but it is narrower than that of Category A. Like Category A, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance.
Given that most sub-projects will not have significant adverse environmental and social impacts requiring a separate EIA report, the screening process will recommend the assignment of (i) category B to sub-projects requiring only the application of simple mitigation measures (using the attached environmental and social checklist); and (ii) some other sub-projects may require a separate EIA report due to the severity of their potential adverse environmental and social impacts. All sub-projects which require land acquisition, impacts assets, causes a loss of livelihood, and /or restrict access to natural resources will require the preparation of an (Abbreviated) Resettlement Action Plan, based on the project RPF report.
(c) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. In cases where the results of the screening process indicate that the sub-project will not have significant adverse environmental and social impacts, if any, no additional environmental work will be required and sub-project implementation can proceed immediately.
In the event that an Abbreviated Resettlement Action Plans (RAPs) will have to be prepared for sub-projects, these would be reviewed and approved by the Commissioner for Lands and Valuation, consistent with the Resettlement Policy Framework, prior to initiating compensation and commencement of project activities.
Each local council will ensure that members of the District Environmental Sub Committees should receive appropriate environmental and social training so that they can perform this function effectively. The Environmental District Officer is the secretariat to the District Environmental Sub Committees and will therefore take a leading role in capacity building issues of the District Environmental Sub –Committee.
Step 3: Carrying Out Environmental and Social Work
After reviewing the information provided in the environmental and social screening form, and having determined the appropriate environmental category, the District Environmental Sub-Committee will determine whether (a) the application of simple mitigation measures outlined in the Environmental and Social Checklist will suffice; (b) a comprehensive Environmental and Social Impact Assessment (ESIA) will need to be carried out, using the national ESIA guidelines; or (c) no additional environmental work will be required. EIA reports are first subjected to technical review by Technical Committee on the Environment (TCE) before they are recommended to National Council on the Environment (NCE) for approval.
5.3.0 USE OF THE ENVIRONMENTAL AND SOCIAL CHECKLIST: Generic checklists on environmental and social impacts have been prepared and are attached as annex 4 and 5. The checklists cover potential environmental and social impacts in construction works, as well as typical mitigation measures. The
33 Environmental and Social Checklist will be completed by District Environmental Sub Committees. Some of the activities categorized as B might benefit from the application of mitigation measures outlined in the checklist.
In situations where the screening process identifies the need for land acquisition and the project impacts on assets, causes a loss of livelihood, and/or restricts access to natural resources, an Abbreviated Resettlement Action Plan shall be prepared consistent with the standards and guidelines set forth in the Resettlement Policy Framework and World Bank Involuntary Resettlement Policy ( under OP 4.12).
Where standard designs will be used, the District Environmental Sub Committees, in consultation with the District Commissioner will assess impacts on the chosen land site and the community; and modify the designs to include appropriate mitigation measures. For example, if the environmental screening process identifies loss of fertile agricultural fields as the main impact from the construction of a water storage reservoir, the mitigation measure would be for the District Environmental Sub Committees and members of the planning team to choose a site further away from the fertile gardens so that the livelihood systems are maintained.
5.4.0 CARRYING OUT ENVIRONMENTAL AND SOCIAL ASSESSMENT FOR SUB-PROJECTS. The environmental and social impact assessment process will identify and assess the potential environmental and social impacts of the proposed construction activities, evaluate alternatives, as well as design and implement appropriate mitigation, management and monitoring measures. These measures will be captured in the Environmental and Social Management Plan (ESMP) which will be prepared as part of the environmental and social impact assessment process for each sub-project, based on the environmental and social screening.
Preparation of the environmental and social impact assessment and environmental management plans will be carried out in consultation with the Ministry of Climate Change and Environmental Affairs including potentially affected persons. The District Environmental Sub Committees in close consultation with the Environmental Affairs Department and on behalf of the Local Council and Ministry of Education, Science and Technology will arrange for the (i) preparation of Environmental and Social Impact Assessment terms of reference; (ii) recruitment of a service provider to carry out the ESIA; (iii) public consultations; and (iv) review and approval of the ESIA through the national ESIA approval process. A parallel exercise of preparation of Resettlement Action Plan (RAP) will also commence, if determined as required by the procedure outlined in the RPF.
Step 4: Review and approval of the screening activities Under the guidance of the District Environmental Sub Committees, the relevant sector committees at the district level will review (i) the results and recommendations presented in the environmental and social screening forms; and (ii) the proposed mitigation measures presented in the environmental and social checklists.
Where an environmental impact assessment has been carried out, Environmental Affairs Department will review the reports to ensure that all environmental and social impacts have been identified and that effective mitigation measures have been proposed.
34 Step 5: Recommendation for Approval of environmental assessment reports. Based on the results of the above review process, and discussions with the relevant stakeholders and potentially affected persons, the District Environmental Sub Committees, in case of projects that don't require environmental assessment, will make recommendations to the District Executive Committee (DEC) for approval/disapproval of the screening results and proposed mitigation measures. As regards ESIA reports, Director of Environmental Affairs will recommend ESIA reports to the National Council for the Environment (NCE) for approval.
Step 6: Approval of the reports and environmental and social management plans. Approval based on the results of the environmental and social screening form will be done by the District Environmental Sub Committees based on submissions by the Environmental District Officer. Approval of the results of the ESIA will be provided by the National Council on the Environment (NCE). Approval of RAP will be done by the District Commissioner.
5.5.0 CONSULTATIONS AND DISCLOSURE. According to Guidelines for Environmental Impact Assessment in Malawi (1997) and World Bank Environmental and Social Safeguards, public consultations are an integral component of the ESIA Reports requirements, and the guidelines identify the following principal elements: Developers are required to conduct public consultation during the preparation of Project Brief s, ESIA, and ARAPs.
The Director of Environmental Affairs may, on the advice of the Technical Committee on Envi ronment (TCE), conduct his or her own public consultation to verify the works of a developer.
Formal EIA Reports documents are made available for public review and comments. Docume nts to which the public has access include Project Briefs, ESIA terms of reference, draft and fi nal ESIA Reports, and decisions of the appropriate authorities regarding project approval. Th e Director of Environmental Affairs and MASAF, on the advice of the TCE, will develop practic es and procedures for making these documents available to the public. It is very unusual that an ESIA will need to contain proprietary or market sensitive information (i.e. technological an d financial) which a developer would prefer to remain confidential. Unless public knowledge o f such information is crucial to project review, and as provided under Section 25(1) of the Env ironment Management Act, the Director will comply with requests that such information does not appear in an ESIA or ARAP.
Certificates approving projects will be published by the developer and displayed for public ins pection. Public consultations are critical in preparing an effective proposal for the constructio n and rehabilitation of the project activities. The first step is to hold public consultations with the local communities and all other interested/affected parties, during the screening process and in the course of preparing the Environmental Impact Assessment Reports.
These consultations should identify key issues and determine how the concerns of all parties will be addressed in response to the terms of reference for the Environmental and Social Impact Assessment Reports which might be carried out for construction and rehabilitation proposals.
35 5.5.1 Scope of consultations in environmental assessment of sub-projects.
Guidelines for Environmental Impact Assessment in Malawi (1997), provides details concerning the public consultation methods in Malawi. Such methods include press conferences, information notices, brochures/fliers, interviews, questionnaires and polls, open houses, community meetings, advisory committees, and public hearings. The guidelines for public consultation include, among others, a requirement that major elements of the consultation program should be timed to coincide with significant planning and decision-making activities in the project cycle. In terms of Malawi's ESIA process, public consultation should be undertaken during (i) the preparation of the ESIA Reports terms of reference; (ii) the carrying out of an ESIA Reports; (iii) government review of an ESIA Reports; and (iv) the preparation of environmental and social terms and conditions of approval. Public consultations under sub-projects will be carried out by district environmental sub-committees, consultants and project committees as part of the environmental and social screening process of sub-projects, and the results will be communicated in an understandable language to potentially affected persons and beneficiaries. 5.6.0 RECOMMENDATIONS ON ENVIRONMENTAL AND SOCIAL SCREENING OF SUB-PROJECTS. Proposed sub-projects will consists of construction of limited new structures (lecture roo ms, workshops, office blocks) and rehabilitation works within existing public university c olleges. Proposed construction of satellite learning centers (for opening distance learnin g) will accommodate few buildings (about two) and associated infrastructure. Potential e nvironmental and social impacts are anticipated to be localized within the project sites. I n this regard, detailed environmental and social assessments for these components will not be necessary. The recommendations are as follows: 5.6.1 Environmental and Social Screening Reports to be prepared for rehabilitati on works to be carried at public university colleges as follows: Environmental and Social Screening for construction and rehabilitation works at M zuzu University. Environmental and Social Screening for construction and rehabilitation works at Chancellor College. Environmental and Social Screening for rehabilitation works at Lilongwe University of Agriculture and Natural Resources. Environmental and Social Screening for rehabilitation works at The Malawi Polytechnic. And other Environmental and Social Screening reports as the new subprojects get identified (i.e. new satellite centers). Generic Terms of Reference for an Environmental and Social Screening Report to be used for each of the subprojects are attached as Annex 6. 5.6.2 Environmental and Social Contractors Rules for minor civil works. The impacts can be mitigated effectively if the contractor is empowered to address the impacts in course of project activities. Generic Environmental and Social Contractors Rules are attached as annex 6. These can be adapted by implementing agencies to suite specific conditions.
36 6.0.0 CHAPTER SIX: ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORI NG PLANS. The previous chapter has highlighted screening process for the potential impacts from construction and rehabilitation works. This chapter will outline a sample environmental plan which would be needed in implementation of mitigation measures within the selected sites .The purpose of the Environmental and Social Management Plan (ESMP) is to clarify environmental and social impacts/enhancements, mitigation measures to be undertaken and the institutional responsibilities for: (i) the identification of environmental and social impacts; (ii) the preparation and implementation of mitigation measures; (iii) monitoring the implementation of the mitigation measures.
6.1.0 AN OVERVIEW OF ENVIRONMENTAL SOCIAL MANAGEMENT PLAN.
An appropriate environmental and social management plan will depend on the scope of identified impacts to be addressed in the construction and rehabilitation of the mast. In view of the fact that the potential impacts for the construction and rehabilitation works would be localized, it is recommended that preparation of environmental and social management plans is adequate for the sub-projects. This arrangement would be cost effective that one environmental and social management plan is drawn up for sites within on district or geographically within one physical zone. Sample environmental and social management plan is presented as table 5 overleaf.
6.2.0 AN OVERVIEW OF ENVIRONMENTAL AND SOCIAL MONITORING PLAN.
As highlighted in the previous chapter, there will be need for environmental monitoring in course of construction and rehabilitation works of colleges. Environmental monitoring will consist of activities tracking progress in the implementation of proposed mitigation measures and in some cases compensatory measures outlined in the environmental management plans for each of the sites. The aim of monitoring will be to ensure that main environmental and social measures highlighted during screening process have been synchronized within project implementation process and certain targets in addressing the issues are to be met.
A sample of environmental monitoring plan is presented in tabulated format in Table 6. This has been done in order to show clearly the linkages between the recommended mitigation measures, monitoring indicators, the frequency of monitoring and stakeholders responsible for monitoring. It should be highlighted out that the role of Ministry of Education, Science and Technology in monitoring exercises will be assumed by supervising consultants. This is because the client will contract out construction works and rehabilitation works in selected colleges. It should also be pointed out that most of monitoring authorities will be assigned through their district level offices. Where such offices do not exist, head offices have been indicated as monitoring authorities. It should be pointed out that the Environmental District Officer has been assigned a wide range of monitoring tasks in line with mandate of mainstreaming of environmental considerations in project implementation.
For generic recommendations for inclusion to civil works contracts, please refer to Annex 7.
37
38 Table 5 : Environmental and Social Management Plan for construction and rehabilitation sub-project at a public college.. Identified Negative Impacts Recommended mitigation measures Recommended Budget Responsible Recommended Performance for mitigation period of Estimates Authority for targets on implementation implementation (in MK) Implementation of the measures
(a) Construction phase
1. Increase in discharge of Comprehensive soft and hard Post -construction Project Manager Landscaping of the site. runoff from the site landscaping of the project site after 500,000.00 Project Contractor construction works. 2. Increase in soil erosion Comprehensive soft and hard Post -construction Included in Project Manager Vegetative landscape from the site landscaping of the project site after 1 Project Contractor compaction of loose soils done construction works. on the site Mandatory rehabilitation of borrow pits Rehabilitated material sites and quarries by the contractors before prior to closure of contracts. completion of the contract. 3. Air pollution Spraying water to civil works and dusty During Project Manager Application of water to dusty roads during dry season twice daily. construction 100,000.00 Project Contractor civil works and dusty roads Speed limits for construction vehicles. and minimal dust emissions Carry out some civil works during rainy season. Use of well-maintained vehicles and During 100,000.00 Project Manager Low gaseous emissions from project machinery construction Project Contractor vehicles and project machinery 5. Increase in suspended Comprehensive landscaping of the site Post-construction Included in Project Manager Both soft and hard landscaping solids and sediments to minimize surface runoff. 1 Project Contractors in place delivery. Appropriate fencing/sediment traps for Sediment traps installed at the the construction site to reduce sensitive erosion spots sedimentation. 6. Increase in brick making , Use of materials from licensed During In project Project Manager No incidents of sand harvesting sand mining within the operators construction budget Project Contractors of tree cutting for construction area Use of cement bricks for stadium materials recorded based on buildings regular monitoring Use concrete slabs for storm water drains
39 7. Increase in spread of STIs Prioritize hiring of local workers to During Project Manager Workers Committee in place and HIV/AIDS migrant workers. construction 500,000.00 Project Contractors At least monthly HIV/Aids Establishment of workers committee on sensitization meetings are HIV/Aids. held during construction Periodic sensitization meetings on STIs period to local workers and Project Affected Condoms distributed to workers People Distribution of condoms for free to workers Distribution of IEC materials on HIV/Aids
8. Increase in pollution of Temporary, gender separated VIP During 200,000.00 Project Manager Number of waterborne toilets surface and ground water toilets for construction workers to construction Project Contractors in place resources in the environs reduce open defecation and urinating. Temporary pit latrines for Waterborne toilets for workers, construction workers students During Timely inspection and repairs of the operational stage contraction machines to avoid leaks. Periodic monitoring of storage facilities to avoid fuel and oil leaks. 9. Generation of noise Speed limits for construction vehicles During Project Manager Temporary fence for pollution to local people Provide earmuffs to workers construction 200,000.00 Project Contractors construction site and workers Limit construction to working hours Earmuffs being used by (e.g. 7AM to 6PM) workers 10. Introduction of problematic Clean all project equipment imported During Project Manager Clean equipment on use invasive plants from other civil works elsewhere construction 100,000.00 Project Contractors Protection of heaps of stripped Proper management of heaps of stripped District soils soils Environmental Use of native plant species for officer oversight landscaping
(c) Operational phase.
1) Increase in discharge of Comprehensive soft and hard During Included in Project Manager Landscaping done runoff from the area landscaping of the project site after operational stage 1 on page construction works. 32 2) Increase in soil erosion Comprehensive soft and hard During Included in Project Manager Vegetative and hard landscaping from the area landscaping of the project site after operational stage 1 on page in place construction works 32 3) The occurrence of stagnant Mandatory rehabilitation of borrow pits to During 200,000.00 Project Manager Number of borrow pits water within area prevent pools of water. operational stage rehabilitation. 4) Discharge of sewage from Water borne toilets constructed on the During 200,000.00 Project Manager Sewer system in place on the
40 the premises project sites operational stage District Council project sites. Sewage is Construction of sewer lines up to collected from the site sewerage Gender separated toilets are Consider developing a constructed available on site. wetland on site for treatment of liquid waste. 5) Generation of solid wastes Procurement of refuse bins for premises During 100,000.00 Project Manager Number of refuse bins. from at premises Construction of refuse bunkers operational stage District Council Refuse collection points Weekly collection of refuse by a licensed (Registered Waste Refuse bunkers in place operator Management Working arrangement for solid Use of recycling and compositing on site. Facility) waste collection by the Contractors licensed operator
Table 6 : Environmental monitoring Plan Identified Negative Impacts Recommended mitigation measures Monitoring Frequency Monitoring agency Means of for mitigation indicators of and Budget verifications monitoring
(a) Monitoring the implementation of mitigation measures during construction phase.
1. Increase in discharge of Comprehensive soft and hard Tree planting Every six Environmental Affairs Inspections of the site runoff from the site landscaping of the project site after Grass Planting months Dept Records construction works. Director of Buildings MK100,000.00 2. Increase in soil erosion Comprehensive soft and hard Tree planting Every six Environmental Affairs Inspections of the site from the site landscaping of the project site after Grass planting months Dept Records construction works. District council 3. Increase of dust emissions Spraying water to civil works and dusty Water spraying Every six Environmental Affairs Inspections of the site roads Speed limits months Dept Speed limits for construction vehicles. Civil works done in Director of Buildings rainy season MK100,000 41 Carry out some civil works during rainy seasons 4. Gaseous emissions on site Use of new vehicles or well maintained Use new or well Every six Environmental Affairs Inspections of the site vehicles and project machinery maintained vehicles months Dept and machinery Director of Buildings MK50,000.00 5. Increase in brick making , Use of cement bricks/engineering for Use of cement bricks . Every six Environmental Affairs Inspections of the site sand mining within the stadium walls. Use sand procured months Dept Records area Use concrete slabs for storm water from licensed firms Director of Buildings drains. Use sand from licensed agents 6. Increase in spread of STIs Establishment of workers committee on Workers committee in Every two District HIV Officer Inspections of the site and HIV and Aids HIV/Aids. place months MK100,000.00 Records Periodic sensitization meetings local Number of meetings workers . Number condoms Distribution of condoms for free distributed workers Distribution of IEC materials on HIV/Aids
7. Increase in pollution of Temporary VIP toilets for construction Number waterborne Every two Director of Inspections of the site surface and ground water workers. toilets on site months Occupational Health resources in the environs Water borne toilets for students and Number pit latrines on and Safety workers site MK50,000.00
8. Generation of noise Speed limits for construction vehicles Speed limits for Every month Director of Inspections of the site pollution to local people Provide earmuff to workers vehicles Occupational Health Reports and workers Number of earmuffs and Safety MK100,000.00 9. Introduction of problematic Clean all project equipment imported Equipment cleaned Every two Environmental Affairs Inspections of the site invasive plants from other civil works elsewhere Heaps of stripped months Dept Report Proper management of heaps of lose soils protected from MK100,000.00 soils to avoid contamination with erosion. invasive plants.
(c) Monitoring implementation of mitigation measures during operational activities.
6) Increase in discharge of Comprehensive soft and hard Tree and grass Every six Environmental Affairs Inspections of the site runoff from the area landscaping of the project site after planting months Dept Reports 42 construction works. Storm water drains Director of Buildings in plans MK100,000.00 7) Increase in soil erosion Comprehensive soft and hard Grass and tree Every six Environmental Affairs Inspections of the site from the area landscaping of the project site after planting months Dept Reports construction works Storm water drains Director of Buildings in place 8) The occurrence of stagnant Rehabilitation of borrow pits to prevent Number of borrow Every six Environmental Affairs Inspections of the site water within area pools of water. pits backfilled months Dept Reports and records Director of Buildings MK50,000.00 9) Increase in spread of STIs Regular sensitization meetings to Number of condoms Every six District councils Inspections of the site and HIV and Aids in the workers and sports fans distributed. months MK100,000.00 Records area. Distribution of condoms for free List of IEC materials Distribution of IEC materials on HIV/Aids distributed.
10) Discharge of sewage from Construction of sewer line Length of sewer lines Every six Environmental Affairs Inspections of the site the premises months Dept Report MK100,000.00 11) Generation of solid wastes Procurement of refuse bins for premises Number of bins Every six District councils Inspections of the site Construction of refuse bunkers Number fo refuse months Environmental Affairs Reports bunkers Dept K100,000.00 MK1,500,000.00
43 6.3.0 DEFINITION OF ROLES, RESPONSIBILITIES AND BUDGETS ESTIMATES. The successful implementation and monitoring of the environmental and social management framework, environmental monitoring would depend on collaboration of different stakeholders at district level, national level with Ministry of Education, Science and Technology. This is necessary because the implementation of the activities would require inputs, expertise and resources which would be adequately taken care of if the concerned parties work together. The following sections outline some of the selected and recommended activities to be done by each stakeholder in the environmental activities.
(a) District council staff and Ministry of Education, Science and Technology. Members of Environmental District Sub Committee which consist of at least three technical specialists and lead by the Environmental District Officer will be responsible for carrying out the environmental and social screening of planned activities using forms in Annex 3. Such Committee may include the District Forestry Officer, District Water Officer, Director for Planning and Development, District Agriculture Officer, District Lands Officer.
Members of Environmental District Sub Committee will be responsible for determining the appropriate environmental mitigation measures the proposed activity and to arrange for the appropriate level of environmental work to be carried out. Budget estimate for district environmental offices: US$50,000.00
(c) National level: Director of Environmental Affairs will be responsible for monitoring the synchronizations of recommended environmental and social mitigation measures within the sites for public works projects during construction, rehabilitation of existing facilities and during decommissioning phases of the construction and rehabilitation works at colleges. Budget estimate at the national level: US$10,000.00
6.4.0 CAPACITY DEVELOPMENT AND TRAINING AND RESOURCE REQUIREMENT It is envisaged that to strengthen capacity in the implementation of ESMP two institutions will need capacity building: the District Environmental Sub Committees. The District Environmental Sub Committees will have an orientation in a form of Training of Trainers (TOT). This orientation will be a sub-set of the orientation of District Executive Committee on proposed construction works and rehabilitation works at public colleges the course will run for 3 Days. The participants to the course will include the five local council sector heads from Forestry, Environment, Agriculture, Health and Water. Regional meetings will be organized and facilitated by Ministry of Education, Science and Technology, Department of Environmental Affairs, and Department of Lands and Valuation. The cost of the orientation is estimated to be about U$150,000.00 based on costs of training with similar duration. Topics to be covered include:
a) Infrastructural development activities under Higher Education and Skills Development Project; b) Guidelines for Environmental and Social Screening process; c) Preparation of Environmental and Social Management Plan for construction/rehabilitation works; 44 d) Gender assessment and mainstreaming within project activities; e) HIV /Aids mainstreaming within project activities.
Specific information, education and communication materials will be prepared to guide on matters of environmental and social screening to Ministry of Education, Science and Technology, Technical Vocational Entrepreneurship and Training (TEVETA) and public colleges. Materials will include fact sheets and briefing notes.
6.5.0 TECHNICAL SUPPORT IN PREPARATION OF DETAILED ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS FOR SUB-PROJECTS AT COLLEGES. Consultant has to prepare detailed environmental and social management plans for the sub-projects at four public colleges in line with terms and reference in Annex 6. The budget for such assignment is estimated at US$150,000.00 for all four sub- projects. This budget include budget for scrutiny EIA processing fees paid at Environmental Affairs Department. Budget for ESMP will be included in the construction contracts. Such budget includes preparation of all environmental assessment of sub- projects.
45 References Government of Malawi (2005) The National Water Policy, Ministry of and Water Development Government of Malawi (2002), Malawi National Land Policy, Ministry of Lands, Housing and Surveys. Government of Malawi (1998) Local Government Act. Ministry of Local Government and Rural Development Government of Malawi (1997) Forestry Act, Ministry of Forestry, Fisheries and Environmental Affairs Government of Malawi (1997), Fisheries Conservation and Management Act, Ministry of Forestry, Fisheries and Environmental Affairs. Government of Malawi (1997) Environment Management Act, Ministry of Forestry, Fisheries and Environmental Affairs Government of Malawi (1997) Guidelines for Environmental Impact Assessment in Malawi, Ministry of Forestry, Fisheries and Environmental Affairs Government of Malawi (1969) Water Resources Act. Ministry of Water Development Government of Malawi (1965), Land Act. OPC, Zomba. World Bank Operational Policies, OP 4.01 Environmental Assessment Policy World Bank Operational Policies, OP 4.12 Involuntary Resettlement Policy
46 Annex 1: Terms of reference for Environmental and Social Management Framework.
The Government of the Republic of Malawi is seeking the financial support of US$50.00 million from the International Development Association (IDA) of the World Bank for a Higher Education and Skills Development (HESD) Project. The proposed implementation period is 5 years, from 2013 to 2018. The project is aimed to improve the role of tertiary and skills development institutions to produce high quality professionals with relevant knowledge and skills that meet the demands of the economy in line with the Malawi Growth and Development Strategy. The proposed Higher Education and Skills Development (HESD) Project will be coordinated by Ministry of Education, Science and Technology. Implementers will include National Higher Education Council, Technical Vocational and Entrepreneurship and Training (TEVETA), public university colleges and TEVETA. However, at this stage, the specific sites/locations for satelite learning centres for Mzuzu University have not been identified.
In view of these circumstances, and for practicality purposes, the appropriate environmental safeguard instrument for this project would be an Environmental and Social Management Framework (ESMF) instead of a conventional environmental impact assessment report. An Environmental Impact Assessment (EIA) Report normally details effects and mitigation measures within defined locations/sites a project. On the other hand, an Environmental and Social Management Framework (also known as Strategic Environmental Assessment) is a statement of the policies, principles, institutional arrangements and procedures that would be followed in each sub-project of a multiple scale project or programme. An ESMF sets out the elements that will be common to all the subprojects. In this regard, an ESMF provides generic environmental management principles and processes to be followed in each of the subprojects, so that these need not be prepared individually for every subproject of the broader programme. The Environmental and Social Management Framework allows project implementers, who will be in many locations of undertake specific subprojects on basis of updated generic Environmental and Social Management Plans without having to re-negotiate fundamental agreements.
1.0 Objectives of the Environmental and Social Management Framework
The main objectives of ESMF are to:
(1) Identify potential impacts of Higher Education and Skills Development Project and to prepare an generic Environmental and Social Management Plan for the direct impacts and indirect impacts, as well as incremental impacts as they relate to land use changes, soil erosion, dust emissions, noise pollution, loss of trees , liquid and solid wastes from the activities among others
(2) To formulate an Environmental and Social Framework Management (ESMF) standards and procedures, specifying how unidentified subprojects whose location are unknown will systematically address environmental and social issues in the screening for environmental and social impacts and categorization, site selection criteria, mitigation measures, design,
47 implementation and operational phases as well as maintenance of the subproject lifecycle.
(3) To formulate Environmental and Social Rules for construction contractors. The rules shall be recommended for incorporation in construction contractor’s bids and contract documents.
2.0 General Scope of the Work. The Higher Education and Skills Development Project falls within category B project requiring an environment and social management framework in accordance with the Bank’s Operational Policy (OP 4.01). Additional Bank environmental safeguard policies to be evaluated for possible implications include Involuntary Resettlement Policy (OP 4.12) and Physical Cultural Resources (OP 4.11). The Consultant should carefully review any possible triggering issues, and clearly describe if there is a potential to trigger these policies.
In the process of carrying out studies, the consultant should also make due consideration of relevant Malawi Environmental policies, laws, guidelines and procedures for implementation of public sector projects in this category. The scope of work to prepare the study would involve: (i) baseline studies, through desk re view of relevant documents available in the country and field studies; (ii) assessment and determination of impacts (to include impact identification, prediction, evaluation and inter pretation); (iii) development of an template ESMP for direct project impacts, including miti gation measures, capacity and awareness building requirements to mitigate those measur es, and monitoring.
3.0 Main areas of focus of the study.
3.1 Description of background and scope of the project.
The consultant(s) shall provide the pertinent background in the conduct of the environmental and social management framework. They should briefly describe in a logical order the major components of the proposed project, a statement of the need for it and the objectives it is intended to meet. Also describe a brief history of the project, (including alternatives considered), the implementing agency, number and type of personnel to be employed, total project cost, and the identities of any associated projects. In the background also state the purpose of the study and the target population.
3.2 Policy, Legislative and administrative Framework
Describe all the pertinent policies, laws and necessary licenses and approvals to be obtained for the proposed project to ensure that the implementation of the subprojects are line with sound environmental management practices and are in compliance with relevant pieces of legislation. Also describe in general terms an institutional setup which supports the regulatory framework.
48 3.3 Environmental Baseline Information. The consultant shall review and assess any existing environmental database for the country, and collect additional data as necessary from any possible source but should include field visits and baseline studies, with the objective to determine the state of the environment in Malawi.
3.4 Screening of the Potential Environmental and Social Impacts of the Proje ct. Potential impacts to those related to construction /rehabilitation works. These may include: loss of forest land; dust emissions, soil erosion, noise nuisance from contractors, rubble and solid wastes, sewage discharge, dust emissions, damage on historic and cultural sites; effects on water resources within chosen sites; alternative future land use and possible land use conflicts.
5.5 Analysis of Alternatives to the Proposed Project Describe alternatives which should be examined in planning and design of project activities other alternatives which would achieve the same objectives. Compare alternatives in terms of potential environmental and social impacts and monitoring requirements. Include the alternative of not implementing the project in order to demonstrate environmental conditions without it.
5.6 Development of Environmental and Social Management Plan The Consultant shall prepare and recommend feasible and cost-effective measures to prevent or reduce significant negative impacts. Estimate the impacts and costs of those measures, and of the institutional and training requirements to implement them.
For sub-projects, whose locations are unknown, the consultants will (i) develop a checklist and recommend typical impact assessment methodologies, to be annexed to the framework. The consultants shall also describe institutional arrangements, including roles and responsibilities of different parties involved for screening, review, approval, and implementation and monitoring of sub-projects envisioned under the project.
5.7 Development of Environmental and Social Rules for construction contract ors. The Consultant shall prepare environmental and social rules for construction contractors .These rules shall be attached to ESMF as an annex. The rules shall be recommended for incorporation in contractor’s bids and contracts for civil works
6.0. Suggested Outline of the ESMF for Higher Education and Skills Development Project Executive Summary Introduction Description of the Proposed Project Policy and Legal Framework on environmental assessment in Malawi and World Bank Safeguards Description of the Environmental Setting Significant Environmental Impacts Analysis of Alternatives Screening criteria and forms Environmental and Social Management Plan 49 Environmental and Social Monitoring Plan Capacity Building and Training for Environmental Management References Annexes Environmental and Social Screening Form Environmental and Social Rules for contractors Checklist of environmental and social impacts from construction works
Annex 2: Summary of the World Bank’s Safeguard Policies OP/BP 4.01 The objective of this policy is to ensure that Bank- This policy is triggered by Environmental financed projects are environmentally sound and potential negative impacts from Assessment sustainable, and that decision-making is improved infrastructural development through appropriate analysis of actions and of their activities at colleges. likely environmental impacts. This policy is triggered if Ministry of Education, a project is likely to have potential (adverse) Science and Technology has environmental risks and impacts on its area of prepared Environmental and influence. OP 4.01 covers impacts on the natural Social Management environment (air, water and land); human health and Framework and simple safety; physical cultural resources; and transboundary environmental and social and global environment concerns. management plan. OP/BP 4.04 This policy recognizes that the conservation of natural This policy is not triggered by Natural habitats is essential to safeguard their unique this project Habitats biodiversity and to maintain environmental services and products for human society and for long-term sustainable development. The Bank therefore supports the protection, management, and restoration of natural habitats in its project financing, as well as policy dialogue and economic and sector work. The Bank supports, and expects borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. Natural habitats are land and water areas where most of the original native plant and animal species are still present. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities, but retaining their ecological 50 functions and most native species. OP/BP 4.36 The objective of this policy is to assist borrowers to This policy is not triggered. No Forests harness the potential of forests to reduce poverty in a sub-projects will affected the sustainable manner, integrate forests effectively into health and quality of forests. sustainable economic development and protect the vital local and global environmental services and values of forests. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The Bank assists borrowers with the establishment of environmentally appropriate, socially beneficial and economically viable forest plantations to help meet growing demands for forest goods and services.
OP 4.09 Pest The objective of this policy is to (i) promote the use of The policy is not triggered by Management biological or environmental control and reduce reliance the project. on synthetic chemical pesticides; and (ii) strengthen the capacity of the country’s regulatory framework and institutions to promote and support safe, effective and environmentally sound pest management. More specifically, the policy aims to (a) Ascertain that pest management activities in Bank-financed operations are based on integrated approaches and seek to reduce reliance on synthetic chemical pesticides (Integrated Pest Management (IPM) in agricultural projects and Integrated Vector Management (IVM) in public health projects. (b) Ensure that health and environmental hazards associated with pest management, especially the use of pesticides are minimized and can be properly managed by the user. (c) As necessary, support policy reform and institutional capacity development to (i) enhance implementation of IPM-based pest management and (ii) regulate and monitor the distribution and use of pesticides. OP/BP 4.11 The objective of this policy is to assist countries to This policy is triggered . Physical avoid or mitigate adverse impacts of development Ministry of Education, Cultural projects on physical cultural resources. For purposes of Science and Technology will Resources this policy, “physical cultural resources” are defined as not fund any sub-projects movable or immovable objects, sites, structures, that will have negative groups of structures, natural features and landscapes effects on known physical that have archaeological, paleontological, historical, cultural resources. In case architectural, religious, aesthetic, or other cultural cultural objects are found in significance. Physical cultural resources may be the course of civil works, the located in urban or rural settings, and may be above project will utilize the chance ground, underground, or underwater. The cultural find procedures included in interest may be at the local, provincial or national this report (Annex 8) level, or within the international community. OP/BP 4.10 The objective of this policy is to (i) ensure that the The policy is not triggered Indigenous development process fosters full respect for the Peoples dignity, human rights, and cultural uniqueness of indigenous peoples; (ii) ensure that adverse effects during the development process are avoided, or if not feasible, ensure that these are minimized, mitigated or compensated; and (iii) ensure that indigenous peoples receive culturally appropriate and gender and inter- generationally inclusive social and economic benefits.
OP/BP 4.12 The objective of this policy is to (i) avoid or minimize This policy may be triggered in Involuntary involuntary resettlement where feasible, exploring all case of land acquisitions for new 51 Resettlement viable alternative project designs; (ii) assist displaced learning centres for Mzuzu persons in improving their former living standards, University. The policy may also income earning capacity, and production levels, or at be triggered when the least in restoring them; (iii) encourage community construction works restricts local participation in planning and implementing people in use of roads, foot paths resettlement; and (iv) provide assistance to affected and access to their productive people regardless of the legality of land tenure. assets. Ministry of Education, Science and Technology has prepared a Resettlement Policy Framework (RPF) to guide sub-projects implementers in the mitigation of potential adverse social and economic impacts due to land acquisition. OP/BP 4.37 The objectives of this policy are as follows: For new This policy is not triggered. Safety of Dams dams, to ensure that experienced and competent professionals design and supervise construction; the borrower adopts and implements dam safety measures for the dam and associated works. For existing dams, to ensure that any dam that can influence the performance of the project is identified, a dam safety assessment is carried out, and necessary additional dam safety measures and remedial work are implemented. OP 7.50 The objective of this policy is to ensure that Bank- This policy is not triggered. Projects in financed projects affecting international waterways International would not affect: (i) relations between the Bank and its Waters borrowers and between states (whether members of the Bank or not); and (ii) the efficient utilization and protection of international waterways. The policy applies to the following types of projects: (a) Hydroelectric, , flood control, navigation, drainage, water and sewerage, industrial and similar projects that involve the use or potential pollution of international waterways; and (b) Detailed design and engineering studies of projects under (a) above, include those carried out by the Bank as executing agency or in any other capacity. OP 7.60 The objective of this policy is to ensure that projects in This policy is not triggered Projects in disputed areas are dealt with at the earliest possible Disputed Areas stage: (a) so as not to affect relations between the Bank and its member countries; (b) so as not to affect relations between the borrower and neighboring countries; and (c) so as not to prejudice the position of either the Bank or the countries concerned.
52 Annex 3: Basic Environmental and Resettlement Screening Form for Sub- projects.
ENVIRONMENTAL AND SOCIAL SCREENING FORM FOR THE SCREENING OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF SUB- PROJECTS.
INTRODUCTION
This Environmental and Social Screening Form (ESSF) has been designed to assist in the evaluation of planned construction and rehabilitation activities under Higher Education and Skills Development Project. The form will assist the sub-project implementers and reviewers to identify environmental and social impacts and their mitigation measures, if any. It will also assist in the determination of requirements for further environmental work (such as environmental and social management plan) if necessary.
The form helps to determine the characteristics of the prevailing local bio-physical and social environment with the aim of assessing the potential impacts of the construction and rehabilitation activities on the environment by the sub-project.
The ESSF will also assist in identifying potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation.
GUIDELINES FOR SCREENING
The evaluator should undertake the assignment after: 1. Gaining adequate knowledge of baseline information of the area. 2. Gaining knowledge of proposed project activities for the area. 3. Having been briefed / trained in environmental and social screening.
The form is to be completed by consensus of at least three people, knowledgeable of the screening process.
53 Government of Republic of Malawi
Ministry of Education, Science and Technology
Higher Education and Skills Development Project
Environmental & Social Screening Form
Guidelines: Site inspection of project site. The evaluation results to be a consensus of at least three officials. Project Name: District.: Zomba
Project Location: Chancellor College Nature/Size: 40 hectare
Name & Signature of Evaluator: Date of Field Evaluation: 20/8/2013
Appraisal Significance Potential Mitigation Measures Yes/No Low, medium, high 1.0 Environmental Screening (OP 4:01) Will the project generate the following impacts 1.1 Loss of trees 1.2 Soil erosion/siltation in the area 1.3 Pollution to land-diesel ,oils 1.4 Dust emissions 1.5 Solid and liquid wastes 1.5 Spread of HIV/Aids and other STI 1.6 Borrow pits and pools of stagnant water 1.7 Rubble/heaps of excavated soils 1.8 Invasive tree species 1.9 Long term depletion of water 1.11 Reduced flow of water 1.12 Nuisance from noise or smell 1.13 Loss of soil fertility 1.14 Incidence of flooding 4.0 Resettlement Screening (OP 4:12) Will the project generate the following negative social and economic impacts? 4.1 Loss of land to households 4.2 Loss of properties –houses, structures 4.3 Loss trees, fruit trees by households 4.4 Loss of crops by people 4.5 Loss of access to river/forests/grazing area 4.6 Impact cultural site, graveyard land 4.7 Conflicts over use of local water resources 4.8 Disruption of important pathways, roads 4.9 Loss communal facilities –churches 4.10 Loss of livelihood system 4.11 Spread of HIV/Aids 4.12 Blockages to footpath/roads
54 Overall evaluation of Screening Exercises.
The results of the screening process would be either the proposed sub - projects would be exempted or subjected to further environmental and resettlement assessments. The basis of these options is listed in the table below:
Review of Environmental Tick Review of Resettlement Screening Tick Screening (OP 4.12) (OP 4.01, OP 4.09, OP 4.36) 1. The project is cleared. No serious 1.The project is cleared. No serious social impacts. (When all scores are “No” in impact. form) (Where scores are all “No”, “few” in form) 2.There is need for further assessment. 2.There is need for resettlement/compensation. (when some score are “Yes, High” in (When some score are “Yes, High” in form form)
Endorsement by Environmental District Endorsement by Director of Planning and Officer Development Name Name: Signature: Date Signature: Date:
NOTES:
1. The DPD shall ensure that a completed form is filed within project file immediately after endorsement. EDO may keep a duplicate. 2. Project Management Committee will maintain a copy of completed form 3. It is the duty of Director of Planning and Development and Environmental District Officer to ensure mitigation measures outlined in form are implemented. 4. An EDO shall prepare a monthly monitoring report on implementation of mitigation measures.
55 Annex 4: Generic Environmental and Social Checklist List
The Environmental and Social Checklist below serves as a sample checklist which will be a dapted to the particular type and circumstance of the sub-project as well as the releva nt local level (Village, District, Municipal) at which the sub-project is planned. The chec klist will be completed members of District Environmental Sub-Committee.
Table 1: General Environmental and Social Checklist for Construction Sub-Projects
Stage Potential Tick if Mitigation Tick if Responsibl Negative releva Measure relevan e Person Environmental nt t and Social Impacts Before constructi on 1.0 Loss of livelihoods, Prepare impact on assets, Resettlement Action land acquisition Plan as per OP 4.12 – see RPF 2.0 Landslides and Terracing; potential for soil excavation to level; erosion on sloppy control of water hillsides flows; avoid works during rainy seasons; landscaping, replanting of trees at project site 3.0 Destruction of Construction vegetation during contracts to include excavation; may provisions for cause loss of fauna limiting vegetative removal, and for re- vegetation of the construction area after completion of works 4.0 Deposition of fine Construction debri (sand, silts, contracts will require clays) in re-vegetation as downstream water soon as possible; courses during contractors to be construction, limited regarding particularly in the activities that can be rainy season carried out in the rainy season; contractors will be required to treat excavated areas below flood water 56 levels as required under the design contract (use of stone gabions and mattresses, before the start of each rainy season 5.0 Traffic disruption Best engineering practices to be employed to ensure traffic disruptions are kept to a minimum 6.0 Noise disturbance Not likely to be a problem 7.0 Dust impacts In extreme cases, particularly near clinics, contractors will be required to moisten the construction area to minimize dust 8.0 Pit formation from Use sand from sand mine existing borrow pits; fill back pits 9.0 Availability of local Prioritize hiring local personnel workers. Sensitize migrant workers and local population on health and safety issues. 10.0 Solid Waste Establish an Management agreement with the licensed waste management facility 11.0 Public consultations Conduct consultations with project stakeholders. Inform them of the grievance redress mechanism for the project. During constructi on 1.0 Noise Use of ear protectors 2.0 Cément dust Dust control by pollution water or other means 3.0 Pressures on Liaise with local existing water utilities to ensure sources adequate water supply 4.0 Soil and water Build latrines and pollution due to ensure adequate large number of waste water
57 labourers on the disposal; ensure safe construction site storage of and related wastes construction materials such as oils, paints After constructi on 1.0 Soil and water Contractors to clear pollution due to construction site of remainder of temporary construction infrastructures and wastes, tools, restore vegetation of equipment, and the site temporary infrastructure
This form has been signed by: ______Chairperson of the VDC / CDC: ______Chairperson of the Environment Sub-Committee: ______Date:………………………..
58 Annex 5: Environmental Checklist for Roads Rehabilitation Sub-Projects
S/No Potential Tick if Possible Mitigation Tick if Responsibl . Negative Relevan Measures Relevant e Person Environmental t and Social Impacts 1.0 Footpaths 1.0 Loss of livelihoods, Prepare impact on assets, Resettlement Action land acquisition Plan as per OP 4.12 – see RPF 1.1 Footpath blocking Install culverts or drainage for runoff bridges across water natural and manmade drainage channels and keep cleared of debris 1.2 Ponding on path Construct path so providing breeding that water drains site for vectors of away by rising above water borne surrounding ground disease level and by sloping the surface of the path towards the sides; fill depressions with granular material 1.3 Footpath becoming Provide drainage a water course ditches on both sides during rains and of the path and causing erosion install small check dams to reduce velocity of water flow; direct water from ditch along side footpath into natural or manmade drainage channels as frequently as possible to minimize the volume of runoff water carried by the ditch; plant shrubs and trees on the uphill side of the ditch to slow water runoff; make raised footpaths 2.0 Earth roads 2.1 Erosion of lands Plant grass along the downhill from road edge of the road; bed or in borrow construct during dry areas season 2.2 Create dust to Dust control by nearby houses water or other
59 during construction means
2.3 Increased Prevention of erosion sediments into by re-vegetation, dry streams, ponds and construction and rivers due to physical stabilization erosion from road tops and sides 2.4 Possible land Refer to RPF acquisition, loss of livelihoods 2.5 Creation of Rehabilitation of stagnant pools of borrow pits sites water in left borrow pits 2.6 Erosion of fields Construction of soak caused by water way pits being drained 3.0 Bridges and culverts 3.1 Flooding and Ensure that openings erosion caused by are adequately sized overflowing and to accommodate blockage of flows and organize openings regular clean out of openings 3.2 Bridge deck failure Establish and causing accidents implement a and injuries maintenance program and establish a source of funding to pay for repair works
60 Annex 6: Terms of reference for environmental and social screening for expansion and rehabilitation works of infrastructure under Higher Education and Skills Development Project at public colleges.
1. An Executive Summary – provides a concise discussion of significant findings and recommended actions.
2. A policy, Legal and Administrative Framework. Provide an account of all the policy, legal and administrative framework within which the Environmental Screening (ES) is prepared. The environmental requirements of the Government should be explained. Reference should be made, but not limited, to the Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF), Environmental Management Act, Water Resources Act and other relevant legislation.
3 . Site Description. A concise description of the site’s geographic, ecological, social and temporal context, including any off-site investments that may be required by the Government (e.g. dedicated pipelines, access roads, power plant, water supply, housing, and raw material and product storage facilities).
4. Baseline Data. An assessment of the dimensions of the study area and description of relevant physical, biological and socio-economic conditions, including any changes anticipated during construction. Current and proposed development activities within the college construction area (but not directly connected to the site) should also be taken into account. This includes a full description of the development, and all the activities being undertaken, including specifications of size and layout of the college, water reticulation, sewage disposal, storm water drains, roads and design drawings of the same.
5. Specifically using the Screening Framework from the Environmental and Social Management Framework ad in collaboration with Area Executive Committees (AEC) and District Environmental Sub-Committee (DESC): (1) identify both negative and positive
61 environmental effects associated with the refurbishment and new construction works and operation of each college including those relating to –a- Waste from college, -b- sewer system blockages, -c- disposal of solid wastes, -d- impact of college on surrounding forest, -e- soil erosion, -f- ablution system, -g- drainage system, -h- disposal of rubble, -I- borrow pits from material excavation, (2) propose an Environmental Management Plan for each college.
6. Undertake consultations with stakeholders including non-governmental organizations around the project site. 7. Appendices – all relevant attachments.
Annex 7: Checklists of Environmental and Social Constructors Rules.
These Environmental and Social Guidelines for Contractors are prepared for all the contractors to be engaged construction and rehabilitation activities of projects under Higher Education and Skills Development Project. The guidelines include provisions for proper management of construction sites, safe storage of construction materials and safe disposal of wastes.
1.0 General Considerations. a) The contractor shall, in all his activities ensure maximum protection of the environment and the socio-economic wellbeing of the people affected by the project, whether within or outside the physical boundaries of the project area.
b) Before any construction works begin, the contractor shall ensure that the relevant environmental and land acquisition certificates of authorization for the works have been obtained from the Director of Environmental Affairs and/or the Commissioner for Lands
c) In general, the contractor shall familiarize himself with the Environmental and Social Management Plans and Resettlement Action Plans. Specifically, the contractor shall make every effort to follow and implement the recommendations and mitigation measures of the ESMP to the satisfaction of client and all relevant agencies. 62 d) The contractor shall work in cooperation and in coordination with the Project Management Team and/or any other authority appointed to perform or to ensure that the social and environmental work is performed according to the provisions of the Environmental and Social Screening and environmental management plans for sub-projects.
e) The contractor shall always keep on site and make available to Environmental Inspectors or any authorized persons, copies of the ESMPs, RAPs and ARAPs for the monitoring and evaluation of environmental and social impacts and the level or progress of their mitigation.
2.0 Acquisition of Construction Materials.
a) The contractor shall ensure that construction materials such as sand, quarry stone, soils or any other construction materials are acquired from approved suppliers and that the production of these materials by the suppliers or the contractor does not violate the environmental regulations or procedures on mining. Collection of sand by communities will be guided by local council’s by-laws.
3.0 Movement and Transportation of Construction Materials. a) The movement and transportation of construction materials to and within the construction sites shall be done in a manner that generates minimum impacts on the environment and on the community, as required by the ESMPs and the RAPs or ARAPs. 4.0 Storage of Construction Materials and Equipment. Construction materials shall be stored in a manner to ensure that: a) There is no obstruction of service roads, passages, driveways and footpaths; b) Where it is unavoidable to obstruct any of the service paths, the contractor shall provide temporary or alternate by-passes without inconveniencing the flow of traffic or pedestrians; c) There is no obstruction of drainage channels and natural water courses; d) There is no contamination of surface water, ground water or the ground; e) There is no access by public or unauthorized persons, to materials and equipment storage areas; f) There is no access by staff, without protective clothing, to materials and equipment storage areas; g) Access by public or unauthorized persons, to hazardous, corrosive or poisonous substances including asbestos lagging, sludge, chemicals, solvents, oils or their receptacles such as boxes, drums, sacks and bags is prohibited; h) Access by staff, without the appropriate protective clothing, to hazardous, corrosive or poisonous substances including asbestos lagging, sludge, chemicals, solvents, oils or their receptacles such as boxes, drums, sacks and bags is prohibited.
5.0 Safe Disposal of Construction Waste a) Construction waste includes but is not limited to combustion products, dust, metals, rubble, timber, water, waste water and oil. Hence construction waste constitutes solid, liquid and gaseous waste and smoke.
b) In performing his activities, the contractor shall use the best practical means for preventing emissions of noxious or offensive substances into the air, land and 63 water. He shall make every effort to render any such emissions (if unavoidable) inoffensive and harmless to people and the environment.
c) The contractor shall, in particular, comply with the regulations for disposal of construction/demolition wastes, waste water, combustion products, dust, metals, rubble and timber. Wastewater treatment and discharge will conform to the applicable regulations by the relevant Local Authority and Ministry of Irrigation and Water Development. d) Asbestos wastes, PCBs and other hazardous wastes shall be treated and disposed of in conformity with the national regulations and where applicable, with the supervision of qualified personnel.
6.0 Occupational Health and Safety of Workers. a) The contractor shall provide all necessary protective clothing for workers exposed to hazardous and dangers work activities. b) All workers shall be regularly sensitized on safety regulations on the site. c) The contractor shall be guided by and shall adhere to the relevant national safety cardinal rules on the site. d) The construction shall maintain on the site first aid kits for male and female workers. e) Workers shall be provide with clean potable water on the site and safety cooking places f) Workers shall be provide with wash rooms and ventilated pit latrines.
7.0 HIV/Aids Work Place Policy and Training on HIV/Aids for workers. a) The contractor shall prepare and adopt an HIV/Aids Work Place Policy for construction site. b) The contractor shall arrange for HIV/AIDS training programmes for the construction crews to ensure their understanding of the relevant issues. These will be budgeted elements within Bill of quantities for a construction project. c) Appropriate IEC materials shall be distributed to workers on the site. d) Both male and female condoms shall be distributed to workers on the site.
64 Annex 8 Sample Chance Find Procedures.
Chance finds procedures are an integral part of the project ESMP and civil works contracts. The following wording is proposed:
If the Contractor discovers archeological sites, historical sites, remains and objects, including g raveyards and/or individual graves during excavation or construction, the Contractor shall:
o Stop the construction activities in the area of the chance find;
o Delineate the discovered site or area;
o Secure the site to prevent any damage or loss of removable objects. In cases of removable antiq uities or sensitive remains, a night guard shall be arranged until the responsible local authoritie s or the Department of Antiquities take over;
o Notify the supervisory Project Environmental Officer and Project Engineer who in turn will no tify the Director of Antiquities and the Department of Antiquities immediately (within 24 hour s or less);
o Responsible local authorities and the Department of Antiquities would then be in charge of pro tecting and preserving the site before deciding on subsequent appropriate procedures. This wou ld require a preliminary evaluation of the findings to be performed by the archaeologists of the Department of Antiquities . The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, namely the aesthetic, historic, scie ntific or research, social and economic values.
o Decisions on how to handle the finding shall be taken by the Director of Antiquties. This could include changes in the layout (such as when finding irremovable remains of cultural or archeol ogical importance) conservation, preservation, restoration and salvage.
o Implementation for the authority decision concerning the management of the finding shall be c ommunicated in writing by relevant local authorities.
o -Construction work may resume only after permission is given by Director of Antiquities conc erning safeguard of the heritage 65 Annex 9: List of people consulted on December 12, 2013 in Lilongwe preparation and revision of environmental and social management framework Name Organization Position Phone Patrick Kabambe Ministry of Education Principal Secretary 0999969745 Victor Lungu Ministry of Education Director Ashani Kapulula Ministry of Education Deputy Director 0999947 400 Hastings Chiudzu Buildings Dept Director 0888828128 Tawonga Mbale Environmental Affairs Assistant Director 0999957 550 Dept H. Nyangulu Ministry of Labour Commissioner of 0888891 200 Labour Knight Munthali Buildings Dept Chief Architect Vanwyk Chikasanda Polytechnic Dean 0992273703 Ashley Kanyoza Polytechnic Head of Civil Dept 0888312307 Fanny Mthuzi NCHE AGPM 0888870130 Miss . E Bota Dept of Lands Regional Commissioner Theresa Mkandawire Polytechnic Dean of 0888838219 Engineering Chikondi Jenala Polytechnic Assistant Finance 0999397460 Officer Robert Ridley MZUNI Vice Chancellor 0992974222
Chinyamata Chipeta NCHE Member 0999311166
Yantha Mtiesa TEVETA HR Officer 0999957448
Robert Mkandawire TEVETA Head of Finance 0888516658
Phanuel Hamsim TEVETA Director of Finance 0999953339
Loveness Kaunda MZUNI DVC 0884029191 Richard Tambulasi Chancellor College Vice Principal 0881589941
Wilfred kadewa LUANAR Deputy Head NRM 0991465099
D. M. Harawa MZUNI Dean 0999955285
66 J.F. Mwatseteza Chanco Faculty of Science 0999706152
Peter Nakoma Chanco College Finance 0888853865 Officer E.J. Kambalame NCHE Board Director 0888821184
Fred G.W. Msiska MZUNI Director of CODL 0888838643
Ishmail Ali TEVETA Project Manager 0888138118
Richard N. Chirwa Ministry of Labour Deputy Director 0888744503
Aubrey D. Matemba Ministry of Labour Chief Technical 0888378170 Education Officer Andrew Mtemwende TEVETA Assessment and 0888359072 Moderation Specialist Anthony Sabuni MZUNI Director of Finance 0888844874 & Investments Moses Limuwa LUANAR M&E Specialist 0997813107
Ken Ndala Chanco Faculty of 0995410632 Education Bob Chulu Chanco Faculty of 0999014770 Education Grant Kululanga Polytechnic Principal 0888891159
Patrick kabambe Ministry of Education PS –Higher 0888869745/099 Education 9969745 Owen P. Wanda Ministry of Education D/D 0888331476
Agness Chimbiri UNDP NCHE Member 0999510580
John Msubunda LUANAR Deputy Director of 0995353293 Finance John Kazembe LUANAR Head ESMD 0993884699
67 Annex 10: Summary of main comments/ suggestions raised by stakeholders in Lilongwe on December 12, 2013.
Outline of comments Remarks/ How comments and suggestions have been taken care of 1. Issues of safeguards are a) World Bank Safeguards have to be adhered complicated, colleges will need in advance – well before commencement of more guidance to enhance civil works. There is ample time to comply adherence and may affect colleges with safeguards requirements such as in accessing funds in good time environmental and social management plans for subprojects, resettlement screening and abbreviated resettlement action plans. I b) ESMF has incorporated capacity building activities for all stakeholders in section 6.4.0 on page 35.These include sensitization of world bank safeguards, training in screening sub-projects, preparation of environmental and social management plans. c) Budget estimates are included. 2. The components of project a) The ESMF was prepared earlier this year activities in the documents do not based on initial proposed components tally with the scope of activities activities. These will be revised to reflect the proposed for some colleges current status. 3. Will preparation of environmental a) Preparation of environmental and social and social assessment plans for management plans will not delay the sub-projects not derail the commencement of projects. The preparation implementation of the project of management plans and resettlement activities? screening forms will be straight forward tasks which should not take long time. A model environmental and social management plan has been included as section 6.1.0 as table 4 pages 31-34 . This model can be used for preparation of ESMP for specific sub-projects b) Model TORs have been prepared and are 68 attached as annex 6 to ESMF 4. Environmental impact assessment a) Most of the sub-projects do not meet the requires expertise and fees for thresholds of detailed ESIA under current processing. Who will bear the costs criteria – but ESMP. for the assignment? Who will bear b) Section 6.5.0 of ESMF has been incorporated costs for fees? to cover costs for consultants and fees for environmental and social management plans for sub-projects. It is better to do all these activities centrally within short period of time. Ministry of Education and World Bank have to identify consultants to do the assignments. c) The fees will be paid by Ministry of Education to Environmental Affairs at the time of processing environmental and social management plans. 5. When will the assessment be done a) ESMF recommends that consultants be hired for projects to minimise the delays to do the work within short period of time. in access to funds. This is incorporated in section of the framework 6. Projects will take place with existing a) The risks of compensations will be low but campuses of colleges. There are no ther risks of compensations for relocation of issues of compensations or land water pipe, telephone lines, drains, trees acquisition? which may be on specific sites for new structures. Budget has to be made for such risks. 7. There is need for Ministry of a) The ESMF has recommended capacity Education to organize sensitization building activities and budget in section 6.4.0 meetings on environmental and of ESMF. These include sensitization of social safeguards for all stakeholders on screening activities, steps, implementing agencies. This will preparation of ESMP. These have to be done help stakeholders to understand before commencement of project activities the implications better 8. Is HIV/Aids part of safeguards? a) HIV/Aids risks are part of social safeguards – affecting stakeholders and migrant contractors and host communities. Mitigation measures for prevention of spread have to be put in place. b) The ESMF has included these in a model ESMP in chapter 6 section 6.1.0 – table 4 on page 31-32 9. Who will take care of issues of a) Malawi Government has to budget for compensations in case these crop compensations in project activities. up in project activities Compensations has to be paid by government before civil work commences. b) This recommendation is included in table 5 and 6 on page 31 RPF in section 6.4.0 page 31 10.Who will be responsible for monitoring of safeguards a) Project Management Units, District Environmental Officers, Contractors and supervision mission as outlined in a model 69 monitoring plan on page 33. . .
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