UNITED REPUBLIC OF TANZANIA MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION
Public Disclosure Authorized APRIL 2020
Tanzania National Roads Agency (TANROADS) 3rd Floor, 10 Shaaban Robert Road/Garden Avenue Junction P. O. Box 11364, Dar es Salaam, Tanzania Tel: + 255 22 2926001-6 Fax: + 255 22 2926011 Public Disclosure Authorized E-Mail: [email protected]
ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT FOR THE PROPOSED REHABILITATION OF LUSAHUNGA – RUSUMO ROAD (92KM) TO BITUMEN STANDARD
Public Disclosure Authorized Submitted to: National Environment Management Council (NEMC) Regent Estate Plot No. 29/30, P. O. Box 63154 Dar es Salaam, Tanzania Tel: +255 22 2774852 22 2774889/713 Fax: Fax +255 22 277 4901 E-mail: [email protected]
Prepared by:
Public Disclosure Authorized Dr. Rubhera R.A.M Mato. P. O. Box 35176, Dar es Salaam, Tel: +255 754 898592; E-mail: [email protected]
ESIA Report for Lusahunga – Rusumo (92 Km) Road April, 2020
ACKNOWLEDGEMENT
The proponent and the ESIA Team wish to express thanks and appreciation to all stakeholders who in one way or the other supported completion of this work. Special thanks to the Ngara and Biharamulo District Councils as well as Kagera Regional Secretariat Officials for their prompt assistance during the fieldwork. We are also thankful to the Engineering Design Team and other team members of the Consultant for their technical inputs. Last but not least, we thank the leadership of Ward Leaders and Local Communities in the project area for their cooperation and participation in the ESIA exercise.
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ESIA Report for Lusahunga – Rusumo (92 Km) Road April, 2020
STUDY TEAM
Consultant’s Team for preparation of ESIA
Environmentalist and ESIA Dr. Rubhera RAM Mato Team Leader
Anna S. K. Mwema Sociologist
ABBREVIATIONS AND ACRONYMS
AADT Average Annual Daily Traffic ii | P a g e
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AAS Atomic Absorption Spectrophotometer AC Asphalt Concrete AI Area of Influence AIDS Acquired Immune Deficiency Syndrome A.M.S.L Above Mean Sea Level BATNEEC Best Available Technology Not Entailing Excess Cost BOQ Bill of Quantities BPQSORP Borrow Pits and Quarry Sites Operation and Reinstatement Plan CAPP Child Abuse Protection Plan (CAPP CBD Convention on Biological Diversity CBO Community Based Organization CCEP Community Communication and Engagement Plan CEC Code of Ethical Conduct C-ESMP Contractor’s ESMP CFP Chance Finds Procedure CIF Cost of Insurance and Freight CIP Contractor’s Inspection Plan CRB Contractors Registration Board CRR Crushed Stone Base CSOs Civil Society Organization CTC Care and Treatment Clinic DBST Double Bituminous Surfacing Treated DCTP Development Corridor Transport Project DEM Digital Elevation Model DFO District Forest Officer DIZ Direct Impact Zone DoE Division of Environment
EAMGRS Environmental Assessment and Management Guidelines for Road Sector iii | P a g e
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FYB First Year Benefits GDP Gross Domestic Product EIA Environmental Impacts Assessment EIS Environmental Impacts Statement EMA Environmental Management Act EMP Environmental Management Plan EPP Emergence Preparedness Plan ERB Engineering Registration Board ESIA Environmental and Social Impacts Assessment ESMP Environmental and Social Management Plan EWURA Energy, Water Utilities Regulation Authority FHIA Honduran Foundation for Agricultural Research FoB Free on Board GBVPP Gender Based Violence and Protection Plan GRM Grievance Redress Mechanism GoT Government of the United Republic of Tanzania HBC Home Based Care HBS Households Budget Surveys HDM Highway and Development Management Model HIV/AIDS Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome
HBS Households Budget Surveys HSMP Health and Safety Management Plan IDA International Development Association IEC Information, Education and Communication IRI International Roughness Index IRR Internal Rate of Return ISOHDM International Study of Highway Development and Management LHS Left Hand Side iv | P a g e
ESIA Report for Lusahunga – Rusumo (92 Km) Road April, 2020
MEAs Multilateral Environmental Agreements
MoW Ministry of Works MVPL Marginal Value Product of Labour NACP National AIDS Control Programme NEMC National Environment Management Council NGO Non-Governmental Organization NPV Net Present Value NSGRP National Strategy for Growth and Reduction of Poverty OCC Opportunity Cost of Capital OP Operational Policy PAs Protected Areas PAPs Project Affected Persons PEDP Primary Education Development Programme PITC Provider Initiated Testing and Counseling PLHAS People Living with HIV/AIDS PMTCT Prevention of Mother to Child Transmission RAP Resettlement Action Plan RHS Right Hand Side RoW Right of Way WMP Waste Management Plan (WMP)
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ESIA Report for Lusahunga – Rusumo (92 Km) Road April, 2020
EXECUTIVE SUMMARY
Environmental and Social Impact Assessment Report for the proposed rehabilitation of the Lusahunga - Rusumo Road (92Km) Kagera Region
Proponent: The United Republic of Tanzania, Ministry of Works through Tanzania National Roads Agency (TANROADS). Proponent’s Contact: TANROADS Safeguards Environment and Social Consultants, 3rd Floor, 10 Shaaban Robert Road/Garden Avenue Junction, P. O. Box 11364, Dar es Salaam, Tel: +255 222 926 001, +255 222 926 002, Fax: +255 222 926 011, E-mail: [email protected]
EIA Expert: Dr. Rubhera RAM Mato. P. O. Box 35176, Dar es Salaam, TANZANIA. Tel: +255 754 898592; E-mail: [email protected]
Updated by; TANROADS Safeguards Environment and Social Consultants, 3rd Floor, 10 Shaaban Robert Road/Garden Avenue Junction, P. O. Box 11364, Dar es Salaam, Tel: +255 222 926 001, +255 222 926 002, Fax: +255 222 926 011, E-mail: [email protected]
Introduction The Government of the United Republic of Tanzania through TANROADS has received a credit from the International Development Association (IDA) towards the cost of the Tanzania Transport Corridor Development Project and intends to apply part of the proceeds of this credit to eligible payments under the Contract for rehabilitation of Lusahunga - Rusumo Road (92Km). The road improvement is part of the Government strategy to develop its road network to support the socio-economic development of the country. vi | P a g e
ESIA Report for Lusahunga – Rusumo (92 Km) Road April, 2020
The Lusahunga - Rusumo road plays a secondary role as International roads for export/import traffic of Rwanda, Burundi and Eastern Democratic Republic of Congo to and from the Dar es Salaam port, Uganda and the port of Mombasa in Kenya. The road also connects areas with variety of potential economic opportunities such as agriculture, livestock, forestry & minerals, fisheries and wildlife & tourism. Moreover, people living along the road and neighbouring villages will significantly benefit as their agricultural products will be easily transported to business centers (Ngara, Biharamulo town, Kahama, Bukoba etc). On top of that rehabilitation of this road shall lead to savings in vehicle operating costs (VOC), and travel time leading to reduction in transport costs to the users. The original design was done in 2014 by M/s Nicholas O’Dweyer Co. Ltd., and the original ESIA was done also in 2014 by the independent firm M/s Techniplan International Consulting. Due to changes in the project design, M/s H.P. Gauff Ingenieure were appointed by East Africa Community to undertake the review of the existing Feasibility Study, Environmental and Social Impact Assessment Study and the Design of the project. In order to incorporate the recommendations of the Design Review in the ESIA, TANROADS Safeguards Environment and Social Consultants updated the ESIA in November, 2019. The Environmental and Social Impact Assessment was conducted in accordance with the requirements of the Environment Management Act No.20 of 2004 and Environmental Impact Assessment and Audit Regulations (2005) of Tanzania with full cognizance with the Guidelines of the World Bank's Environmental and Social Safeguard Policies. Other important legal provisions providing guidance on environmental issues pertaining to road sector such as the Road Act (2007), Environmental Code of Practice for Road works (2009) and Environmental Assessment and Management Guidelines in the Road Sector (2004) have also been used in the undertaking Environmental and Social Impact Assessment. Subsequently, the ESIA certificate with registration No. EC/EIA/2690 was obtained from the National Environment Management Council in October 2016. Methodology A range of methods were used in conducting this ESIA study whereby both qualitative and quantitative methodologies were employed in collecting and analysing data for the ESIA. Those methods include; literature review, field visits and measurements, stakeholders identification and consultation and household interviews.
Project Description The project road starts at Lusahunga centre through Nyakasanza and Benako and ends at Rusumo Border (Tanzania and Rwanda). Out of 92km of the project road 63km are located in Biharamulo district and the remaining 23km are located in Ngara District. The Project road traverses through four villages in Biharamulo district namely Lusahunga, Kikoma (Lusahunga Ward), Ngararambe and Nyabugombe, (Nyakahura ward) while on the Ngara district side there are two villages of Kasulo (Kasulo ward) and Rusumo (Rusumo ward). The Lusahunga – Rusumo road was upgraded in 1985 to bitumen standard for a vii | P a g e
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design life of 15 years. The road consists of 1 major Rusumo bridge, 27 box culverts 52 steel pipe culverts and 8 reinforced concrete culverts. Currently the road has deteriorated drastically due to pavement aging despite of efforts that are carried out by Region Manager, TANROADS-Kagera to maintain and repair it. Typical defects include severe potholes, rutting deformation, corrugations, extensive cracking (alligator cracks) and depressions. Generally, the road condition is from fair to bad.
In broad terms, rehabilitation of the road will involve a combination of;
Reprocessing 300 mm of the existing pavement to form new subgrade; Construction of Lower subbase layer 150 mm class C1 cement stabilized gravel; Construction of Upper subbase layer 150 mm class C2 cement stabilized gravel; Construction of new CRR base course; and Surfacing by using 50mm asphalt concrete and single bituminous seal of shoulders;
Other activities include:
Construction of drainage structures; Pedestrian crossings, speed humps and rumble strips shall be provided in all built up areas and trading centres of all villages; The landscaping of areas covered by the project road and establishment of vegetation for functional and aesthetic purposes on cut and fill slopes shall be in accordance with the requirements of the MoW Standard Specification for Road Works 2000; and The final finishing and cleaning up of the road and road reserve after construction.
Pertinent features of the road design include:
The width of the bitumen carriageway will be 7m; The width of the (paved) shoulders will be 2m; Outer shoulders will be 0.5m; A road reserve corridor of 45m; Cross-drainage structures, intersections and ancillary road works; The road design life of 20 years; and Design speed to be adjusted as necessary through villages and areas with high traffic of people and animals.
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Important laws that have relevance to road developments in respect of environmental management include; • Environmental Management Act No. 20 of (2004), Cap. 191; • The Land Act No. 4 of 1999 and the Village Land Act No. 5 of (1999); • The Water Resources Management Act No. 11 of 2009; • Energy and Water Utilities Regulatory Authority Act, 2001; • The Road Act, 2007 Protected Places and Areas Act (1969); • Land Use Planning Act (2007); • Occupation Health Safety (2003) • Local Government Acts No.7 & 8 of 1982; • Forest Act, 1957 (Revised in 2002); • Explosives Act, 56/63; • Regional and District Act No 9, 1997; • Mining Act (1998); • The Land Acquisition Act 1967; • Employment and Labour Relations Act No. 6 of 2004; • Engineers Registration Act and its Amendments 1997 and 2007; • The Contractors Registration Act (1997); and • The HIV and AIDS (Prevention and Control) Act of 2008.
Project Environment The project area has two rainy seasons with progressive reduction of precipitation from North to South. Most of the rains fall between the months of September/October and March to May. Annual rainfall ranges from 800 mm in Bushubi to 1,400 mm in Bugufi. The mean temperatures are around 17O C in Bugufi and 25O C in Bushubi. The topography through the project area is mainly flat terrain with some rolling and undulating terrain in some sections (i.e. after Benako), with an altitude that is fluctuating between 1300 and 1400m above mean sea level. The geology of the project areas is made up of coarse grained basement rocks and quartz. Most part of the road profile the soil is characterized by yellowish red clay soil. However, there are some parts with black cotton soil (especially near rivers) to some small extent. There are four surface water bodies that were observed at the project area including Midalo stream (11+200), Kikukumbo stream (61 +000), Benako Dam (77 +000) and Rusumo River (91 +700). Groundwater is abundant in almost all the villages along the project road. This is evidenced by the fact that shallow wells are one of the sources of domestic water supply for all the villages along the project area. The flora of the project’s DIZ and AI corridor is characterized by mosaics of Miombo woodlands, wooded grassland, exotic strip trees vegetation, banana and timber plantations. Exotic street strip and banana farms are found in almost all village centres along the project road, while wooded grassland and miombo woodland are found in between settlements. The ix | P a g e
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main fauna of the project area consists of domestic animals such as cattle, goats, sheeps, dogs, chicken, water loving birds, and fish species in the surrounding water bodies. Other aquatic creatures includes toads, and monitor lizards. It has been observed that; cat fish “Kambale” and tilapia “perege” are the only fish species in Benako dam as it is the only perennial water body along the project road. According to the District Natural Resources Officer, there is no protected area along the project road. The only endangered species are the pterocarpus angelonsis (“Mninga” in local name), afzelia quanzensis (“Mkongo” in local name) and albizia vescolor. These tree species are found within the miombo woodland along and off the project road.
Project Stakeholders and Involvement The main stakeholders include: • TANROADS; • Kagera Region Secretariat; • Ngara District Council; • Biharamulo District Council; and • Village communities along or near to the project road (road users).
The following major issues were raised by stakeholders; • Demolition of Houses: The project will entail expropriation of land and properties, especially houses. The owners were asking whether they will be compensated or not. If yes, who are eligible? This issue was explained that those who are within 45m RoW will be compensated. • Spread of HIV/AIDS and other sexually transmitted infections: The contractor shall be required to conduct relevant awareness seminars and campaigns on HIV/AIDS to both workers and communities. • Non rehabilitated borrow areas: the project will involve borrowing materials from different areas. The community is worrying that those borrow areas might not be rehabilitated based on their past experiences. The contractor shall be required to prepare site specific management plan for degraded sites including the borrow areas.
Potential Significant Environmental and Social Impacts
The development of highways, regional and rural roads, and other transportation systems cause a wide range of environmental and social impacts on a number of receptors. The impacts are of both positive and negative in nature. x | P a g e
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The following significant impacts were identified to occur during pre-construction phase; • Job creation and increased income; and • Resettlement of people.
The following significant impacts were predicted to occur during construction phase; • Job creation and increased income; • Destruction of public utilities; • Soil erosion and instability of slopes; • Risk Water and soil pollution; • Increased noise, vibration and air pollution; • Occupational safety and health risks; • Gender Based Violence and Sexual Exploitation and Abuse (GBV/SEA) • Child labour • Road accidents; • Waste generation; • Loss of scenic quality; and • Loss of vegetation
The following significant impacts were predicted to be likely to occur during operational phase; • Improved transportation; • Economic growth; • Loss of employment; • Enhanced access and expansion of the markets; • Increased commodity prices goods; • Reduced travelling time; • Reduced vehicle operation and maintenance costs; • Road accidents; • Demolition of campsites of the project; • Interference to local hydrology; and • Increased rates of natural resources exploitation.
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Environmental and Social Management Plan (ESMP) The options to minimize or prevent the identified adverse social and environmental impacts as well as a monitoring plan have been suggested in this report and are contained in the ESMP. Many of them are based on good engineering practices. The ESMP describes the implementation schedule of the proposed mitigation measures as well as planning for long- term monitoring activities. It defines the roles and responsibility of different actors of the plan. The contractor has a specific role of implementing the ESMP supervised by the Resident Engineer whereas TANROADS and other authorities have the role of monitoring the implementation by the contractor. Contractor’s ESMP The Contractor will prepare his own ESMP i.e. C-ESMP whose main objective will be to ensure that the mitigation and enhancement measures proposed in this ESIA report are appropriately and effectively implemented. The costs for preparation and implementation of the proposed mitigation measures shall be directly analysed on the ESMP report and also indirectly included into the Bill of Quantities (BOQ. The main focus of ESMP will be on the impacts/risks from the following activities: Establishment of contractor's camp; Relocation of utilities from the RoW to receive permanent works; Sourcing of construction materials; Transportation of equipment and construction materials; Earthwork up to base, widening and construction of structures; Collection and disposal of spoil materials, demolition materials from buildings/ structures and excavated debris; and Operation of construction equipment/machinery.
Summary of ESMP Costs The assessment has revealed that, to a large extent, almost all the identified and predicted major negative environmental and social impacts associated with the project can be mitigated, avoided, eliminated or reduced by using engineering and non-engineering solutions during the design, construction and operation phases. Such engineering solutions include: construction of new and sustainable drainage systems including bridges and culverts to control flooding, soil erosion, provision of recommended road synergy of good standards to control road accidents, reinstatement of abandoned borrow pits after extraction of borrow materials and so forth. Non-engineering solutions will include education and awareness campaigns to address HIV/AIDS problems, compensations for the affected properties.
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Summary of project environmental/social management costs S/N Item costs Total Costs (TSHS) 1 Compensation costs 919,674,796.00 2 Environmental/social impacts mitigations costs 255,000,000.00 3 HIV/AIDS Mitigation plan 100,000,000.00 4 Environmental Monitoring 70,000,000.00 Grand Total Costs 1,344,674,796.00
Conclusion Implementation of the proposed rehabilitation of the Lusahunga - Rusumo road entails no deterrent impacts provided the recommended mitigation measures are adequately and timely put in place and implemented. The identified adverse impacts shall be managed through the proposed mitigation measures and implementation regime laid down in this ESIA. TANROADS is committed to implementing all the recommendations given in the ESIA and further carrying out monitoring and environmental auditing as per legal requirements.
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TABLE OF CONTENTS ACKNOWLEDGEMENT ...... i
STUDY TEAM ...... ii
ABBREVIATIONS AND ACRONYMS ...... ii
EXECUTIVE SUMMARY ...... vi
TABLE OF CONTENTS ...... xiv
LIST OF FIGURES ...... xxiii
LIST OF TABLES ...... xxiv
1.0 INTRODUCTION ...... 1
1.1 Project Background and Rationale ...... 1
1.2 Project Development Objectives ...... 2
1.3 Rationale of the ESIA ...... 2
1.4 Scope of Work ...... 2
1.5 Approach and Methodology ...... 3
1.5.1 Approach ...... 3
1.5.2 Social Impact Assessment Methodology ...... 3
1.5.3 Environmental Impact Assessment Methodology ...... 5
1.6 Report Structure ...... 8
2.0 PROJECT DESCRIPTION ...... 9
2.1 Location ...... 9
2.2 Project Design and Activities in General ...... 12
2.2.1 Mobilization or pre-construction phase Activities ...... 14
2.2.2 Construction phase ...... 17
2.2.3 Demobilization phase ...... 20
2.2.4 Operation phase ...... 21
2.3 Construction materials ...... 23
2.3.1 Borrow Areas ...... 24
2.3.2 Aggregate Source ...... 24
2.3.3 Sand ...... 25 xiv | P a g e
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2.3.4 Gravel and stone aggregates materials ...... 25
2.3.5 Water Sources ...... 25
2.3.6 Sources of manufactured materials for road construction...... 26
2.4 Resettlement and Compensation Issues ...... 27
2.5 Camp sites ...... 28
3.0 POLICY, ADMINISTRATIVE AND LEGAL FRAMEWORK ...... 29
3.1 Environmental Management Regulation in Tanzania ...... 29
3.2 National Policies ...... 29
3.2.1 National Environmental Policy (NEP) of 1997 ...... 29
3.2.2 National Transport Policy (2003) ...... 30
3.2.3 National Mineral Policy (1997) ...... 31
3.2.4 National Construction Industry Policy (2003) ...... 31
3.2.5 National Land Policy (1995) ...... 31
3.2.6 National Energy Policy (2003) ...... 32
3.2.7 National Human Settlements Development Policy (2000) ...... 32
3.2.8 National Gender Policy (2002) ...... 32
3.2.9 The National Water Policy (2002) ...... 33
3.2.10 National Forestry Policy (1998) ...... 33
3.2.11 Agricultural and Livestock Policy (1997) ...... 33
3.2.12 National Policy on HIV/AIDS (2001) ...... 34
3.2.13 The Wildlife Policy of Tanzania (2007) ...... 35
3.3 Legal Framework ...... 35
3.3.1 Environmental Management Act No. 20 of (2004), Cap. 191 ...... 35
3.3.2 The Land Act No. 4 of 1999 and the Village Land Act No. 5 of (1999) ...... 36
3.3.3 The Road Act, 2007...... 37
3.3.4 The Water Resources Management Act No. 11 of 2009 ...... 37
3.3.5 Public Health Act 2009 ...... 38
3.3.6 Land Use Planning Act (2007) ...... 38
3.3.7 Occupation Safety and Health Act (2003)...... 38 xv | P a g e
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3.3.8 Local Government Laws (Miscellaneous Amendment) Act, 2006 ...... 38
3.3.9 The Standards Act No. 2 of 2009 ...... 39
3.3.10 National Forest Act, 2002 ...... 39
3. 3.11 Explosives Act, 56/63 ...... 39
3.3.12 Regional and District Act No 9, 1997 ...... 40
3.3.13 Mining Act (2010) ...... 41
3.3.14 The Land Acquisition Act 1967 ...... 41
3.3.15 The Wildlife Conservation Act No 5/09 of 2009 ...... 42
3.3.16 Employment and Labour Relations Act No. 6 0f 2004 ...... 42
3.3.17 Engineers Registration Act and its Amendments 1997 and 2007 ...... 42
3.3.18 The Contractors Registration Act (1997)...... 42
3.3.19 The HIV and AIDS (Prevention and Control) Act of 2008 ...... 43
3.3.20 The Industrial and Consumer Chemical (Management and Control) Act, 2002 ...... 43
3.3.21 The Petroleum Act, 2015 ...... 43
3.3.22 Antiquities Act of 1964 and the Antiquities Rules of 1991 ...... 43
3.3.23 Graves (Removal) Act, 1969 ...... 44
3.4 Relevant Regulations and Guidelines ...... 45
3.4.1 The Tanzania 2025 Development Vision ...... 45
3.4.2 The Explosives Regulations of 1964, GN 56/64 ...... 45
3.4.3 Land (Assessment of the Value of Land for Compensation) Regulations, 2001 ...... 45
3.4.4 Mining (Environmental management and Protection) Regulations, 1999 ...... 46
3.4.5 Environmental Impact Assessment and Auditing Regulations (2005) ...... 46
3.4.6 National Strategy for Growth and Reduction of Poverty (2005) ...... 46
3.4.7 Environmental Assessment and Management Guidelines for the Road Sector (2011) .. 46
3.5 World Bank's Environmental and Social Safeguard Policies ...... 47
3.5.1 OP 4.01 - Environment Assessment ...... 48
3.5.2 OP 4.12 - Involuntary Resettlement ...... 48
3.5.3 OP/BP 4.36 - Forests ...... 49
3.5.4 OP/BP 4.11 Physical Cultural Resources ...... 49 xvi | P a g e
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3.5.5 OP/BP 4.04 Natural Habitats ...... 50
3.6 International Agreements ...... 50
3.7 Institutional Framework ...... 51
3.7.1 Overall Management Responsibility ...... 51
3.7.2 Summary of institutions and their responsibility ...... 52
4.0 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS ...... 56
4.1 Baseline Environment along the road profile ...... 56
4.1.1 Topography ...... 57
4.1.2 Geology and Soils ...... 57
4.1.3 Water Resources and Hydrology ...... 58
4.1.4 Road Side Air Quality ...... 59
4.1.5 Noise and Vibrations ...... 59
4.1.6 Scenic and Visual Impacts ...... 59
4.1.7 Biological Environment ...... 59
4.1.8 Proposed Quarry sites ...... 62
4.1.9 Key environmental characteristics along the existing road ...... 63
4.2 Socio-Economic and Cultural Environment of the project area ...... 69
4.2.1 Population distribution in the project area ...... 69
4.2.2 Composition of the household in the project area ...... 70
4.2.3 Average size of the household ...... 71
4.2.4 Land availability and Land tenure ...... 72
4.2.5 Land use practices ...... 72
4.2.6 Housing conditions and purposes along the project areas ...... 73
4.2.7 Purposes of the building structures ...... 74
4.2.8 Major economic activities ...... 74
4.2.9 Agriculture ...... 75
4.2.10 Main expenditure per household ...... 75
4.2.11 Livestock keeping ...... 76
4.2.12 Education ...... 76 xvii | P a g e
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4.2.13 Water supply ...... 77
4.2.14 Health services ...... 78
4.2.15 Sanitation facilities ...... 78
4.2.16 Solid waste management ...... 79
4.2.17 Communication ...... 80
4.2.18 Sources of energy ...... 80
4.2.19 Gender issues in the project area ...... 82
4.2.20 HIV infections and AIDS situation ...... 82
4.2.21 Amount of water consumed by households ...... 83
4.2.22 Aspiration and attitude towards the project ...... 83
4.2.23 Cultural/Historical Properties ...... 84
5.0 STAKEHOLDER CONSULTATIONS AND PUBLIC INVOLVEMENT ...... 84
5.1 Introduction ...... 85
5.2 Stakeholders Identification ...... 85
5.3 Public Consultation process ...... 85
5.4 Issues Raised in the Consultative Meetings ...... 87
5.5 Raised questions and responses ...... 94
5.6 Conclusion...... 97
6.0 ASSESSMENT OF IMPACTS AND IDENTIFICATION OF ALTERNATIVES ...... 98
6.1 Spatial, Institutional and Temporal boundaries ...... 98
6.1.1 Spatial Boundaries ...... 98
6.1.2 Institutional Boundaries...... 99
6.1.3 Temporal Boundaries ...... 99
6.2 Impact Identification ...... 99
6.3 Impact Rating ...... 100
6.4 Pre- Construction Phase ...... 106
6.4.1 Job Creation and Increased Income to Local Communities ...... 106
6.4.2 Land expropriation, loss of property and resettlement ...... 106
6.5 Construction Phase Impacts ...... 107 xviii | P a g e
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6.5.1 Job Creation and Increased Income to Local Communities ...... 107
6.5.2 Destruction of Public Utilities ...... 108
6.5.3 Soil Erosion and Instability of Slopes ...... 108
6.5.4 Increased water and soil pollution ...... 108
6.5.5 Noise, Vibration and Air Pollution during Construction Phase ...... 109
6.5.6 Increased spread of HIV/AIDS ...... 109
6.5.7 Safety and Health Risks ...... 110
6.5.8 Increased Road Accidents ...... 110
6.5.9 Increased water abstraction ...... 111
6.5.10 Increased Wastes ...... 111
6.5.11 Loss of Definite Materials and Land Degradation ...... 111
6.5.12 Loss of Vegetation and Natural Habitats...... 112
6.5.13 Loss of Cultural/Historic Properties ...... 112
6.6 Operational Phase Impacts ...... 113
6.6.1 Job Creation and Increased Income to Local Communities ...... 113
6.6.2 Easy transport and transportation of goods ...... 113
6.6.3 Economic growth and trade ...... 114
6.6.4 Easy access to and expansion of the markets ...... 114
6.6.5 Increase of prices for goods ...... 114
6.6.6 Reduced travelling time ...... 114
6.6.7 Reduced operation and maintenance costs ...... 115
6.6.8 Reduction of road accidents...... 115
6.6.9 Campsites after decommissioning of the project ...... 116
6.6.10 Increased Rates of Natural Resources Exploitation ...... 116
6.7 Analysis of Alternatives ...... 116
6.7.1 Overview ...... 116
6.7.2 No Project Alternative ...... 117
6.7.3 Alternative Route ...... 117
6.7.3 Alternative Design ...... 117 xix | P a g e
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7.0 IMPACTS MITIGATION MEASURES ...... 118
7.1 General Considerations ...... 118
7.2 Mitigation Measures for Pre-Construction Phase Impacts ...... 118
7.2.1 Land Expropriation, Loss of Property and Resettlement ...... 118
7.3 Mitigation Measures for Construction Phase Impacts ...... 118
7.3.1 Destruction of Public Utilities ...... 119
7.3.2 Soil Erosion and Instability of Slopes ...... 119
7.3.3 Increased water and soil pollution ...... 119
7.3.4 Noise, Vibration and Air ...... 120
7.3.5 Increased Spread of HIV/AIDS ...... 120
7.3.6 Occupational Safety and Health Risks ...... 120
7.3.7 Increased Road Accidents ...... 121
7.3.8 Increased water abstraction ...... 121
7.3.9 Increased Waste ...... 121
7.3.10 Loss of Definite Materials and Land Degradation ...... 122
7.3.11 Loss of Vegetation ...... 122
7.3.12 Mitigation Measures for Chance Finds Objects ...... 123
7.4 Mitigation Measures for Operational Phase Impacts ...... 125
7.4.1 Increased Rates of Natural Resources Exploitation ...... 125
8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...... 126
8.1 Environmental and Social Management Plan ...... 126
8.2 Implementation of the ESMP ...... 126
8.2.1 Mandatory Safeguards Tools ...... 126
8.2.2 Summary Costs for ESMP and RAP implementation ...... 133
8.3 Environmental Monitoring ...... 134
8.4 Environmental Audit ...... 134
8.5 Personnel and Training ...... 134
8.6 Environmental costs ...... 134
9.0 ENVIRONMENTAL AND SOCIAL MONITORING PLAN ...... 145 xx | P a g e
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9.1 Environmental and Social Monitoring ...... 145
9.2 Environmental Audit ...... 145
9.3 Monitoring Parameters ...... 145
9.4 Institutional Arrangements and Reporting Procedures ...... 152
10.0 RESOURCES EVALUATION ...... 153
10.1 Introduction ...... 153
10.2 Transport Costs ...... 153
10.3 Methodology ...... 153
10.4 Evaluation Model ...... 154
10.5 Definitions ...... 154
10.5.1 Opportunity Cost of Capital (OCC) ...... 154
10.5.2 Net Present Value (NPV) ...... 154
10.5.3 Internal Rate of Return (IRR) ...... 154
10.5.4 First Year Benefits ...... 154
10.6 Shadow Pricing ...... 154
10.6.1 Financial and Economic Costs ...... 155
10.6.1 Conversion from Financial to Economic Costs ...... 155
10.7 Rehabilitation of Lusahunga - Rusumo road ...... 155
10.7.1 Project Implementation ...... 156
10.7.2 Calculation Base Year...... 156
10.7.3 Evaluation Period ...... 156
10.8 HDM-4 Project Road Network ...... 156
10.11 Project Alternative Cases ...... 158
10.12 Improvement options ...... 158
10.13 Road User Costs (Vehicle operating and time costs) ...... 159
10.14 Evaluation Alternatives ...... 160
10.15 Endogenous Quantified benefits ...... 160
10.15.1 Saving in Vehicle Operating Costs due to Normal Traffic ...... 160
10.15.2 Savings in Maintenance Costs ...... 160 xxi | P a g e
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10.15.3 Savings from generated traffic ...... 160
10.15.4 Accident Savings in Cost-Benefit Analysis ...... 160
10.15.5 Salvage Value ...... 161
10.16 Results of the Analysis ...... 161
10.17 Conclusion ...... 162
11.0 DECOMMISSIONING ...... 162
11.1 Decommissioning ...... 162
12.0 SUMMARY AND CONCLUSION ...... 163
BIBLIOGRAPY ...... 164
APPENDICES ...... 166
Appendix I: Terms of Reference ...... 166
Appendix II: The Environmental Certificate ...... 174
Appendix III: Letter from NEMC that approved the Terms of References ...... 177
Appendix IV: Minutes and list of consulted stakeholders ...... 179
Appendix V: Different pictures for public meetings ...... 211
Appendix VI: Chance Finds Procedure ...... 213
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LIST OF FIGURES Figure 1.1: public consultation meeting and questionnaire ...... 5 Figure 2.1: Map of Tanzania Showing Kagera Region ...... 10 Figure 2.2: Map of Ngara and Biharamulo Districts (NBS 2012) ...... 11 Figure 2.3: Kagera Road Network Map showing project Road (Source TANROADS) ...... 12 Figure 2.4: Lusahunga –Rusumo Road corridor ...... 14 Figure 2.5: Ihigi (L) and Gwabilulu (R) hard stone source ...... 25 Figure 2.6: Rusumo River, a potential source of water for the project ...... 26 Figure 4.1: Flat (L) and Undulating (R) terrain of the project road ...... 57 Figure 4.2: Section with yellowish red clay soil ...... 58 Figure 4.3:Benako dam located 30m from the project road ...... 58 Figure 4.4: Miombo Woodland along the project road ...... 60 Figure 4.5: Acacia species representing wooded grassland along the project road ...... 61 Figure 4.6: Exotic trees (gravellier) along the project road at Lusahunga ...... 61 Figure 4.7: Pine (L) and Eucalyptus (R) plantations ...... 61 Figure 4.8: Banana farms near project road ...... 62 Figure 4.9: The proposed Ihigi (L) and Gwabilulu (R) quarry sites ...... 63 Figure 4.10: Number of vulnerable people per groups ...... 70 Figure 4.11: Head of households in the project area ...... 72 Figure 4.12 Land Tenure system in the project area ...... 72 Figure 4.13: Housing conditions in the project area ...... 73 Figure 4.14: Purposes of the building structures ...... 74 Figure 4.15: Major economic activities ...... 75 Figure 4.16: Level of education attained by respondents ...... 77 Figure 4.17: Type of diseases affecting household members along the project area ...... 78 Figure 4.18: Availability of sanitation facilities ...... 79 Figure 4.19: Methods of solid waste management ...... 80 Figure 4.20: Sources of energy for cooking ...... 81 Figure 4.21: Sources of energy for lighting ...... 81 Figure 4.22: Amount of water consumed by household per day ...... 83 Figure 6.1: Houses very close to the project road at Lusahunga ...... 107 Figure 6.2: Banana farm within the RoW ...... 107 Figure 6.2: Banana farm within the Row ...... 111 Figure 6.3: Lorries transporting cargo using project road ...... 114 Figure 6.4: Small vehicles using the project road ...... 115 Figure 6.5: Machinjioni Area where accidents often occur ...... 116
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LIST OF TABLES Table 1.1: Spatial Rating 7 Table 1.2: Temporal Rating 7 Table 1.3: Types and Characteristics of Cumulative Impacts 7 Table 2.1: Types and sources of project requirements during the pre-construction phase 15 Table 2.2: Types and amounts of wastes during the pre-construction phase 16 Table 2.3: Types and sources of project requirements during the construction phase 18 Table 2.4: Types, amounts and treatment/disposal of wastes during the construction phase 19 Table 2.5: Types and sources of project requirements during the demobilization phase 21 Table 2.6: Types and sources of project requirements during the operational phase (Maintenance) 22 Table 2.7: Types, amounts and treatment/disposal of wastes during the operational phase 23 Table 2.8: Borrow Areas and Estimated Quantities 24 Table 2.9: Aggregate Sources and Estimated Quantities 24 Table 2.10: Location of Water sources 26 Table 2.11: Project affected properties and compensation value 28 Table 3.1: Developed EIA Procedures in the Road Sector 46 Table 3.2: Categories for Environmental Assessment 48 Table 3.3; International Conventions 50 Table 3.4: Relevant Institutions to the project 52 Table 4.1: Surface water resources 58 Table 4.2: vegetation species along the project area 59 Table 4.3: vegetation species along the project area 63 Table 4.4: Main Environmental Characteristics along the Project road 65 Table 4.5: Population distribution Per project Village and Number of Households 70 Table 4.6: Number of vulnerable people per group per village 70 Table 4.8: Amount of money spent per household 75 Table 4.9: Types and number of livestock 76 Table 4.10: Water sources in project areas 77 Table 5.1: Negative Issues raised during public consultative meetings 87 Table 5.2: Positive Issues raised during public consultative meetings 92 Table 5.3: Raised questions and responses 94 Table 6.1: Environmental and Social Impacts Matrix for the Lusahunga - Rusumo Road 102 Table 8.1: Environmental and Social Management Plan 136 Table 9.1: Environmental and Social Monitoring Plan for the Lusahunga-Rusumo Road 147 Table 10.1: Existing Homogenous Road Section Attributes 156 Table 10.2. Year 2017 normal traffic 158 xxiv | P a g e
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Table 10.3: Recommended rehabilitation options 159 Table 10.4:Vehicle operating characteristics and cost data 159 Table 10.5: Results of the Economic Evaluation 161
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1.0 INTRODUCTION 1.1 Project Background and Rationale
TANROADS, which was established in 2000 by the Executive Agencies Act 30 of 1997, is responsible for the day to day management of trunk and regional roads network in Tanzania. Its primary function includes the maintenance and development of the road network to support the economic and social development of Tanzania. TANROADS is a semi- autonomous Government Executive Agency under the Ministry of Works, Transport and Communication. The Government of the United Republic of Tanzania through TANROADS has received a credit from the International Development Association (IDA) towards the cost of the Tanzania Development Corridors Transport Project (DCTP) and intends to apply part of the proceeds of this credit to eligible payments under the Contract for rehabilitation of Lusahunga - Rusumo road (92Km). The road improvement is part of the Government strategy to develop its road network to support the socio-economic development of the country. The Lusahunga – Rusumo road section (92 Km), forms part of the T3 (Central Corridor Highway) which connects the Dar es Salaam port with the land locked neighboring countries of Rwanda and Burundi. The project road starts at Lusahunga centre through Nyakasanza and ends at Rusumo Border (Tanzania and Rwanda). The Lusahunga – Rusumo road was upgraded in 1985 to bitumen standard for a design life of 15 years. The road consists of 1 major Rusumo bridge, 27 box culverts 52 steel pipe culverts and 8 reinforced concrete culverts. Currently the road has deteriorated drastically due to pavement aging despite of efforts that are been carried out by Region Manager, TANROADS-Kagera to maintain and repair it. Typical defects include severe potholes, rutting deformation, corrugations, extensive cracking (alligator cracks) and depressions. Generally, the road condition is bad. The Lusahunga - Rusumo road plays a secondary role as International road for export/import traffic of Rwanda, Burundi and Eastern Democratic Republic of Congo to and from the Dar es Salaam port, Uganda and the port of Mombasa in Kenya. The road also connects areas with variety of potential economic opportunities such as agriculture, livestock, forestry & minerals, fisheries and wildlife & tourism. Moreover, people living along the road and neighbouring villages will significantly benefit as their agriculture product will be easily transported to business centers (Ngara, Biharamulo town, Kahama, Bukoba etc). On top of that rehabilitation of this road shall lead to savings in Vehicle Operating Costs (VOC), and travel time leading to reduction in transport costs to the users. The original design was done in 2014 by M/s Nicholas O’Dweyer Co. Ltd., and the original ESIA was done also in 2014 by the independent firm M/s Techniplan International Consulting. Due to changes in the project design, M/s H.P. Gauff Ingenieure were appointed by East African Community to undertake the review of the existing Feasibility Study, Environmental and Social Impact Assessment Study and the Design of the project. The ESIA sent by the project team was updated in August 2018 by TANROADS Engineering Consulting Unit (TECU) and include the recommendations raised by H.P. Gauff in the Design Review Report. The Environmental and Social Impact Assessment has been conducted in accordance with the requirements of the Environment Management Act No.20 of 2004 and Environmental Impact Assessment and Audit Regulations (2005) of Tanzania with full cognizance with the Guidelines of the World Bank's Environmental and Social Safeguard Policies. Other 1 | P a g e
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important legal provisions providing guidance on environmental issues pertaining to road sector such as the Road Act (2007), Environmental Code of Practice for Road works (2009) and Environmental Assessment and Management Guidelines in the Road Sector (2004) have also been used in the undertaking Environmental and Social Impact Assessment. This study was conducted between April and July 2014. Subsequently, the ESIA Certificate (EC) with registration No. EC/EIA/2690 was obtained from the National Environment Management Council in October 2016. (See Appendix II). The Development Corridor Transport Project (DCTP) also has prepared an ESMF which has guided the preparation of this ESIA. In the Environmental Impact Assessment and Audit Regulations (2005), and its amendment of 2018 there is no provision for updating the EC and since this is an upgrading of a road project which is currently under use also, not entirely a new project, what is essential is effective implementation of the ESMP and the Monitoring Plan. 1.2 Project Development Objectives
In its policy documents, the Government of Tanzania has set ambitious development targets that are driven by the urge for growth in tourism, mining, agricultural, manufacturing and service sectors. The road sector is identified as a major contributor to socio-economic development of poor rural areas. This project is being conceived in line with the Government commitment to the improvement of infrastructure in the bid of stimulating economy and quality of life in Ngara and Biharamulo Districts and Kagera Region as a whole.
1.3 Rationale of the ESIA
To ensure that no segment of the population is adversely affected and the physical cultural resources are given due attention, this ESIA study was carried out to identify constraints, risks and mitigation measures on the project affected communities. The ESIA provides inputs to the feasibility study and design proposals of the investments. The ESIA findings and recommendations contained in this report will be incorporated in the overall project design, specifically to assist in the development of mitigation and enhancement measures of the identified risks, opportunities and impacts. Since this project will be funded by the World Bank, Environmental and Social Impact Assessment Reports are needed before lending procedures are finalized. However, it is also a World Bank's policy for lenders to adhere to national environmental requirements. In this case, it is a legal obligation of any developer to conduct an ESIA of his/her envisaged development proposal meant to be implemented in Tanzania.
1.4 Scope of Work
The scope of this work is outlined in the ToR and includes; • To identify, predict, evaluate and mitigate the significant environmental impacts (positive and negative) • To identify key social issues relevant to the project objectives, and specify the project's social development outcomes
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• To determine magnitude of adverse environmental and social impacts and identify the safeguards instruments as per World Bank's Operational policies, Country laws and regulations • To predict and assess in quantitative terms as far as possible, the impacts from changes brought about by the project on the baseline environmental conditions. • To establish the mitigation measures that are necessary to avoid, minimize or offset predicted adverse impacts and, where appropriate incorporate these into Environmental and Social Management Plan (ESMP) • To identify stakeholders who are directly affected and carry out stakeholder analysis to determine their role in achieving social development outcomes. • To inform, consult and carry out dialogues with stakeholders on matters regarding project design alternatives, implementation of environmental and social mitigation measures and to provide recommendations on project design that may require adjustments in project design • To provide an environmental and socio economic profile of the population and available infrastructure facilities for services and community resources. • To assess the capacity of the implementing agencies and the mechanisms for implementing safeguard instruments, and recommend capacity building where appropriate • To develop monitoring and evaluation mechanism to assess effectiveness of mitigation measures including, resettlement outcomes during and after project completion. • To carryout environmental cost – benefit analysis of the project
1.5 Approach and Methodology
1.5.1 Approach
In order to properly address the environmental issues, a team of experts participated in undertaking the ESIA Study. The experts were Environmentalist, Environmental Engineer, Highway Engineer and a Sociologist. The team approached the study by conducting Environmental Impact Assessment (EIA) and Social Impact Assessment (SIA). The two assessments (SIA and ESIA) was then merged to produce one ESIA report. Section 1.5.2 and 1.5.3 description of the approach and methodology for SIA and EIA respectively.
1.5.2 Social Impact Assessment Methodology
A comprehensive Social Impact Assessment (SIA) was carried out employing different methods to meet the requirements as specified in the ToR. The Team reviewed all relevant documents, specifically those mentioned in the ToR in order to understand and implement the assignment as required. Secondary data focusing on the socio-economic situation of the
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potentially affected population were reviewed at all levels. The methodology used for carrying out SIA study includes the following; 1.5.2.1 Documentary
Terms of Reference were studied carefully together with other relevant documents and reports to clearly understand and eventually work on the assignment as stipulated in the ToR and World Bank policies. The Ngara and Biharamulo district councils’ profiles' and villages’ data / information were collected and reviewed.
1.5.2.2 Courtesy Call and officials Consultations
This included consultations with regional, district and ward officials and tentative schedule for conducting public consultation meetings in project affected villages for Ngara and Biharamulo districts.
1.5.2.3 Household interviews
The enumerators administered household interviews to capture relevant baseline data from the project impacted communities in the project areas using well designed questionnaires. Both quantitative data and qualitative information were obtained through this tool which will enrich the ESIA report. The proposed road passes through four villages of Biharamulo district and two villages of Ngara district. A total of 117 households were interviewed for Lusahunga – Rusumo road during undertaking the ESIA in 2014 and 45 households during updating of the same.
1.5.2.4 Public Consultations
In this ESIA, stakeholders’ consultation activities were undertaken in two phases. Phase one was conducted in 2014 during the preparation of the initial assessment and the second phase was conducted in 2018 during updating of the ESIA. In this respect, field activities were preceded by visits of the SIA team to all villages for self-introduction, briefing about the project and activities, like public consultation meetings and household questionnaires to be administered per village. Leaders (VEO and chairman) of each village were consulted in order to confirm timing and venue for public meetings. The SIA team used such an opportunity to collect secondary data from each village using a special form designed for that purpose. Public consultation meetings were conducted in all villages along the proposed road. During the meetings, concerns, burning issues and suggestions were collected from community members. Questions related to the proposed project were raised and responses were provided satisfactorily. Minutes of the meetings were recorded, whereby lists of attendance were taken and stamped by village authorities.
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Figure 1.1: Public consultation meeting and questionnaire
1.5.3 Environmental Impact Assessment Methodology
Superimposing project elements/activities onto the existing social and environmental natural conditions has identified the potential environmental impacts of the proposed road development. The checklist method has been used to identify the impacts. Further, the environmental impact correlation matrix method has been adopted to predict impacts of major concern. A key guiding assumption in this study is that the project will be designed, constructed, operated and maintained with due care for safety and environmental matters using current and practical engineering practice and/or Best Available Technology Not Entailing Excess Cost (BATNEEC). The implementation schedule of the mitigation measures is summarized in the Environmental Management Plan (EMP).
The environmental assessment has been undertaken in close interaction with the engineering, planning and design team. In this process environmental impacts have been evaluated for various alternatives. Several project alternatives were considered including that of not implementing the project. The fundamental environmental protection strategy and environmental considerations influencing engineering design were incorporated. However, reasonable regard to technological feasibility and economic capability were taken into account. Inter alia, the assessment entailed the following:
1.5.3.1 Collection of Baseline Data
The collection of baseline data was conducted subsequent to defining the scope of the EIA. These data allow the study team to determine whether more detailed information on environmental conditions at the development site and its surroundings are needed and where such information can be obtained and how. Both primary and secondary data were collected. Primary data were collected by direct measurement, observations and using semi-structured interviews with respective and targeted parties (as explained in the previous section). Secondary data were obtained from various relevant sources of information such as district profiles, Preliminary Environmental 5 | P a g e
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Assessment for the project road, design report for the project road and many other official and non-official documents.
1.5.3.2 Review of Policies, Legal and Institutional Framework for Environmental Management
This allowed the study team to update and enhance their understanding of World Bank's Operational Policies, national policies, legislation and institutional arrangements for environmental management in Tanzania and relevant international procedures to ascertain the optimal management of impacts.
1.5.3.3 Impact Identification and Evaluation
The rehabilitation of the project road can cause a wide range of environmental and social impacts on a number of receptors. The EIA identify these impacts for the purposes of mitigating the adverse ones or enhancing the benefits. Impact identification is a process designed to ensure that all potentially significant impacts are identified and taken into account in the ESIA process. A number of ‘tools’ are available to assist in impact identification. The simplest, and most frequently used, are checklists of impacts, although matrices, network diagrams and map overlays are also commonly used. In this EIA a matrix were used. The matrix consists of a horizontal list of development activities against a vertical list of environmental factors. Thus it identifies impacts by methodically checking each development activity against each environmental consideration to ascertain whether an impact is likely to occur. Taking a step further, the ranking in all phases (mobilization, construction and demobilization/decommissioning) signified the magnitude of each and combined phases. As a result the more the score illustrated the severity the impact the road project or section has. The following factors were used to ascertain the significance of the impacts;
1. General Magnitude Extent Non-conformity with environmental standards Scientific and professional evidence concerning: resource loss/ecological damage foreclosure of land and resource use options Environmental loss and deterioration Probability and acceptability of risk Environmental sensitivity 6 | P a g e
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Level of public concern
2. Ecological Reduction in species diversity Habitat loss, degradation or fragmentation Affecting threatened, rare and endangered species Impairment of ecological functions
3. Spatial Scale- The spatial dimension encompasses the geographical spread of the impacts regardless of whether they are short term or long term. Table 1.1 describes the ratings used in the Simple Matrix as far as spatial scale is concerned.
Table 1.1: Spatial Rating International (I) Trans-boundary
National (N) Within country Regional (R) Within Region Local (L) On and adjacent to site
4. Temporal Scale- Temporal boundaries refer to the lifespan of impacts. Table 1.2 describes the ratings used in the Simple Matrix.
Table 1.2: Temporal Rating Short-Term (ST) During construction Medium-Term (MT) Life of project Long –Term (LT) Residual impacts beyond life of project
5. Reversibility of the impact- Every impact was checked if its effect can be reversed or not. Letter R was used to denote reversible impacts while IR was used to denote Irreversible impacts 6. Cumulative Impacts- These are Impacts that cause changes to the environment that are caused by an action in combination with other past, present and future human actions. Table 1.3 show types of cumulative impacts;
Table 1.3: Types and Characteristics of Cumulative Impacts
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Type Characteristic Example Forest harvesting exceeds rate of Time crowding Frequent and repetitive effects re-growth Time lags Delayed effects Bioaccumulation of mercury Space Numerous small mining enterprises crowding High spatial density of effects on river
Cross- Effects occur away from the boundary source Atmospheric pollution and acid rain Fragmentation of habitat by Fragmentation Change in landscape pattern agriculture
Synergistic effect of Persistent Compounding Effects arising from a multiple Organic Pollutants in humans and effects sources or pathways rivers Forest areas opened up as a result Indirect effects Secondary effects of new highway
Triggers and Fundamental changes in system thresholds functioning Climate change
7. Residual Impacts- These are long term impacts which go beyond the lifetime of the project in other words Residual impacts refer to those environmental effects predicted to remain after the application of mitigation suggested by the ESIA i.e. they are non- mitigable. 8. Timing- During which phase of the construction is the impact likely to occur. The phases included Mobilization, Construction, Demobilization and Operation.
1.5.3.4 Identifying Mitigation and Management Options
The options for dealing with identified and predicted impacts were considered after comprehensive evaluation. This enabled the study team to analyze proposed mitigation measures. A wide range of measures have been proposed to prevent, reduce, remedy or compensate for each of the adverse impacts evaluated as being significant. Analysis of the implications of adopting different alternatives was done to assist in clear decision-making.
1.6 Report Structure
This report is divided into Twelve (12) chapters:
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i. Chapter one contains the introduction on the background information of the proposed project, its development objectives, rationale and the proposed project implementation arrangements. ii. Chapter two contains the project description, in which there is a description of the location and relevant components of the project and their activities. iii. Chapter three illustrates policy, legal and administrative framework, which are the relevant Tanzanian environmental policies and legislation applicable to construction projects. iv. Chapter four has the baseline information relevant to environmental characteristics, which gives details concerning the Bio-physical environment and socio-economic environment at the project area. v. Chapter five express the consultation exercise at the project area detailing the list of stakeholders consulted and the issues raised. vi. Chapter six describes the positive and negative environmental impact of the project that are likely to be generated from the different phases (the planning and designing, construction, operation and maintenance and the demobilization phases). vii. Chapter seven gives the mitigation measure for the potential negative impact of the project. viii. Chapter eight presents the Environmental and Social Management Plan (ESMP). ix. Chapter nine presents the Environmental Monitoring Plan that contains the proposed institutions to carry out the monitoring activities, the monitoring indicators, time frame and the proposed budget for monitoring. x. Chapter ten gives the cost benefit analysis of the project. xi. Chapter eleven provides the decommissioning plan for the proposed project however the decommissioning is not anticipated in the foreseeable future. xii. Chapter twelve gives the summary and conclusions of the study and lastly References
The appendices, containing some key primary information collected during the study are attached at the end of this report. Generally, the report structure flows in conformity with that specified in the World Bank's Guidelines for Conducting ESIA and National EIA & Environmental Audit Regulations (2005)
2.0 PROJECT DESCRIPTION 2.1 Location
The project area is located in Ngara and Biharamulo districts, Kagera Region. Kagera region is one of Tanzania's 30 administrative regions. The region is located in the northwestern corner of Tanzania on the western shore of Lake Victoria. The region shares borders with Uganda to the north, Rwanda and Burundi to the west, the Kigoma Region to the south, and the Geita Region to the east. Kagera Region lies just south of the equator between 1°00' and
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2°45' south latitudes. Longitudinally, it lies between 30°25' and 32°40' east of Greenwich (Figure 2.1).
Figure 2.1: Map of Tanzania Showing Kagera Region
Ngara District is one of the eight districts of the Kagera Region of Tanzania. It is bordered to the north by Karagwe District, to the east by Biharamulo District, to the south by the Kigoma Region, to the northeast by Muleba District and to the west by the countries of Rwanda and Burundi. Its elevation is approximately 6,000 feet (1,800 m) and is considered to be in the highlands of Tanzania. Biharamulo district is one of the seven districts comprising the Kagera region. It is situated between 2º15’ and 30.15’ South of the equator and between 31º00- 32º00 east of Standard Meridian. The district has an area of 5,627 square kilometres. The district shares boundaries with Muleba and Karagwe districts in the north and Geita and Chato districts in the east. Bukombe district adjoins it in the south whereas Kibondo and Ngara districts are on the west.
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Figure 2.2: Map of Ngara and Biharamulo Districts (NBS 2012)
The project road starts at Lusahunga centre through Nyakasanza and Benako and ends at Rusumo Border (Tanzania and Rwanda). Out of 92km of the project road 63km are located in Biharamulo district and the remaining 23km are located in Ngara District. The Project road traverses through four villages in Biharamulo district namely Lusahunga and Kikoma (Lusahunga Ward), Ngararambe and Nyabugombe, (Nyakahura ward) while on the Ngara district side there are two villages of Kasulo (Kasulo ward) and Rusumo (Rusumo ward).
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Figure 2.3: Kagera Road Network Map showing project Road (Source TANROADS)
This is rehabilitation of the existing tarmac road, therefore project road will retain the existing horizontal profile except for some segments which shall undergo very minor re-alignments. The cost for implementing the rehabilitation of the Lusahunga - Rusumo road (92Km) is estimated to around Tanzania Shillings 235 Billion. 2.2 Project Design and Activities in General This ESIA study runs parallel with the preliminary design work and later goes to detailed design. The ESIA also includes the details of the reviewed design. In broad terms, improvement will involve a combination of overlaying the existing road, partial reconstruction 12 | P a g e
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and/or total reconstruction of road sections as necessary. The rehabilitation and/or replacement of existing drainage structures and the construction of new additional drainage structures are also important features of the proposed works. Pertinent features of the road design as reviewed to meet East Africa Community (EAC) standards include: The width of the bitumen carriageway will be 7m; The width of the (paved) shoulders will be 2m each side; Outer shoulders will be 0.5m each side; A road reserve corridor of 60m from the center line of the road; Cross-drainage structures, intersections and ancillary road works; The road will have 20-year design life; The design speed of the road will be adjusted as necessary through villages and areas with a high concentration of people and animals; and The climbing lanes at the climbing sections before and after the curves. The Road Sector Compensation and Resettlement Guidelines of 2009 requires minimization of road corridor impacts as much as possible. On this basis, though the design considered a road reserve of 60m, the actual implementation of this project will be restricted to the road reserve of 45m which the current road is the right of way (RoW). Therefore, resettlement impacts will be minimal while those who will inevitably be impacted will be compensated accordingly. The undertaking involves various phases from the planning phase all the way to the construction and operation phase. Each specific phase has its own activities which are well elaborated in following sections.
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LUSAHUNGA – RUSUMO ROAD
Figure 2.4: Lusahunga –Rusumo Road corridor
2.2.1 Mobilization or pre-construction phase Activities
This phase entails mobilization of labour force, equipment and construction of offices/camps as well as acquisition of various permits as required by the law. Other activities during this phase include route selection, Topographical Survey, Geo-technical investigation, soils and materials investigation, land acquisition, material storage and material preparation, identification of borrow pits, quarry sites and source of water.
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Duration The duration of this phase will be four (4) months.
Types and Sources of Project requirements
Types and sources of project requirements during the pre-construction phase are shown in Table 2.1:
Table 2.1: Types and sources of project requirements during the pre-construction phase Requirement Type Source s Raw Materials Aggregates See Section 2.3.2 Fill/Gravel See Section 2.3.1 Sand See Section 2.3.3 Water See Section 2.3.4 Cement Dar es Salaam Reinforcement Dar es Salaam bars Timber Bukoba local vendors Energy Electricity TANESCO (National Grid)/ Generators Fuel Ngara and Biharamulo vending stations Manpower Skilled Contractor Unskilled Local People along the road Equipments Dump Truck Contractor Graders Contractor Dozer Contractor Water Boozers Contractor Vibrators Contractor Excavator Contractor
Transportation Materials (fine and course aggregates) from quarries will be transported by trucks to the construction site. Water will be moved by water boozers. Other materials like cement, timber and reinforcement bars will be transported by Lorries to the construction site. 15 | P a g e
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Storage Some of the materials from borrow pits will be used directly after delivery and as such no piling up is expected. Other materials like aggregates and sand will be stored at the backyard of the camp site ready for use. Cement and reinforcement bars will be stored in special storage rooms. Timber will directly be used at the required areas and consequently there will be no stockpiling of timber at the camp sites. Fuel will be stored in drums at bunded areas. Types, Amounts and treatment/disposal of Wastes Types, amounts and treatment/disposal of wastes during the pre-construction phase are shown in Table 2.2:
Table 2.2: Types and amounts of wastes during the pre-construction phase
Waste Types Amount Treatment/ Disposal Solid Vegetations (Trees, 40m3(Clearance for Source of energy for Waste Shrubs and campsites) cooking at the camp site (Degradabl Grasses) and or villages nearby. e) remnants of timber. Food remains, 1.6kg/day (based on Collected in a large skip cardboards and generation rate of bucket at the campsite papers 20g/day/ person and then to be composted and 80 workers) used as manure for the gardens at the camp site Solid Topsoils 1000 m3 (Based To be used for Waste on removal of 10cm landscaping at the (Non- topsoil from the campsite (200x50)m2 area for Degradable) Contractor’s and Engineer’s camps Scrap metals and 3- 5kg per day Sold to Recyclers plastics Tins, glasses 2- 3 kg per day Collected at a stationery container at the site before taken to the Authorised dumpsite at Nyarubungo - Biharamulo Liquid waste Sewage 2.56 m3 (Based on Septic tank, Soakaway 80 people, system at the campsites 40l/capita/day water Consumption and 80% becomes
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wastewater)
Oils and greases Non Car maintenance will be done at proper garages at Ngara/Biharamuro of Bukoba
2.2.2 Construction phase
Activities According to the design review report, major construction/ rehabilitation activities include; Reprocessing 300 mm of the existing pavement to form new subgrade Construction of Lower subbase layer 150 mm class C1 cement stabilized gravel Construction of Upper subbase layer 150 mm class C2 cement stabilized gravel Construction of new CRR base course; Surfacing by using 50mm asphalt concrete and single bituminous seal of shoulders
Other activities include; Construction of drainage structures. Pedestrian Crossings, Speed Humps and Rumble Strips shall be provided in all built up areas and trading centres of all villages. The landscaping of areas covered by the project road and establishment of vegetation for functional and aesthetic purposes on cut and fill slopes shall be in accordance with the requirements of the MoW Standard Specification for Road Works. The final finishing and cleaning up of the road and road reserve after construction, treating of old roads and temporary diversion Detours will be required to maintain a usable route during the construction period. Wherever practicable, alternative local roads will be used. The construction and maintenance of these detours must be of a standard that ensures the safety of workers, road users and the general public. Detours outside the road reserve will require additional permission from the owner of the land. At the end of the detour’s period of use, the detour must be decommissioned and the original land reinstated in an acceptable manner. Duration
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The duration of this phase including defect notification period will be three (3) years.
Types and Sources of Project requirements Types and sources of project requirements during the construction phase are shown in Table 2.3:
Table 2.3: Types and sources of project requirements during the construction phase Requirements Type Source Raw Materials Aggregates See Section 2.3.2 Fill/Gravel See Section 2.3.1 Sand See Section 2.3.3 Water See Section 2.3.4 Bitumen South Africa/Saudi Arabia Cement Dar es Salaam Reinforcement bars Dar es Salaam Manpower Skilled Contractor Unskilled Local People along the road Equipment Dozers Contractor Graders Contractor Pay Loaders Contractor Excavators Contractor Vibro Rollers Contractor Tandem Rollers Contractor Macadam Rollers Contractor Tire Rollers Contractor Dump Trucks Contractor Mixer Trucks Contractor Water Trucks Contractor Tractor w/Trailers Contractor Tire cranes Contractor Cargo Crane Trucks Contractor Cargo Trucks Contractor
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Crusher Plant Contractor Screen Unit Contractor Concrete Batch Plant Contractor Asphalt Plant Contractor Asphalt Finisher Contractor Asphalt Distributor Contractor Air Compressors Contractor Generators Contractor Fuel Trucks Contractor
Transportation
Materials (fine and course aggregates) from quarries will be transported by trucks to the construction site. Water will be moved by water boozers. Other materials like asphalts, cement, timber and reinforcement bars will be transported by trucks to the construction site.
Storage Some of the materials from borrow pits will be used directly after delivery and as such no piling up is expected. Other materials like aggregates and sand will be stored at the backyard of the camp site ready for use. Cement and reinforcement bars will be stored in special storage rooms. Timber will directly be used at the required areas and consequently there will be no stockpiling of timber at the camp sites. The asphalt will be stored in their respective containers which will be kept in the storage rooms. Fuel will be stored in drums at the bunded rooms.
Types, Amounts and treatment/disposal of Wastes Types, amounts and treatment/disposal of wastes during the construction phase are shown in Table 2.4:
Table 2.4: Types, amounts and treatment/disposal of wastes during the construction phase Waste Types Amount Treatment/ Disposal
Solid Waste Vegetations About 1,000- Source of energy (Trees, 1,200m3 of biomass for cooking at (Degradable) 2.4kg/day (based villages nearby. Grasses) and
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Remnants of On generation Collected in a timber. Food large skip bucket Rate of 20g/day/ remains, at the campsite person for 120 cardboards and then to be people) papers composted and used as manure for the gardens at the camp site
Solid Waste Bitumen and 92,000m3 (Based To be stockpiled on removal of before reuse Sold (Non- Granular base 50mm to Recyclers Degradable) Scrap metals, Bituminous layer Taken to the drums and and 150 granular authorized plastics Tins, base from glasses (5x92000) m2 dumpsite at existing road. 5- Nyanga -Bukoba 7kg per day 3-4 kg per day
Liquid waste Sewage 3.84m3/day (Based Septic tank, Soak on away system at the Oils and greases camp site and 120 people, mobile toilets along 40l/capita/day the route. Water consumption Car maintenance and 80% becomes will be done at wastewater) proper garages at Ngara/Biharamulo and Bukoba
2.2.3 Demobilization phase
Activities • Demobilization of temporary structures will be done for proper restoration of the site (e.g. removing/spreading top-soils piled along the road, restoration of borrow pits to required grades, removing all temporary structures, campsites may be left to the local governments depending on agreements that will be reached during the mobilization phase. • Other activities include rehabilitation of the workshop and stockpile yard, rehabilitation of campsite at least to the original condition, clearance of all sorts of wastes including used oil, sewage, sewage, solid wastes (plastics, wood, metal, papers, etc). • Deposit all wastes to the authorised dumpsite. • Restoration of water ponds and temporary quarry sites to a natural and useable condition, termination of temporary employment. 20 | P a g e
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Duration Demobilization stage will last for a period of three (3) months.
Types and sources of project requirements Types and sources of project requirements during the demobilization phase are shown in Table 2.5:
Table 2.5: Types and sources of project requirements during the demobilization phase
Requirements Type Source Manpower Skilled Contractor
Local People along Unskilled the road Equipment Bull dozer Contractor Motor grader Contractor Roller Compactor Contractor Plate compactor Contractor Tippers Contractor
Types treatment/disposal of Wastes The demobilization of the temporary structures will result mainly into solid wastes such as timber, iron sheets and rubbles from demolitions. Timber and iron sheets will be sold to people in the nearby communities for reuse while the rubbles will be taken to the authorised dumpsite at Nyanga -Bukoba.
2.2.4 Operation phase
Activities The actual usage of the road is expected to commence after the construction works. The project road is under “trunk road” category and therefore will be directly managed by TANROADS. The design period is 20 years, after which re-surfacing will be needed. During this time, TANROADS will carry out routine maintenance by attending to pot holes, clearance of vegetation within the RoW (road reserve area) and monitoring.
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Other activities includes Installation of road signs, thermo-plastic road marking, reinforcement and replacement of road furniture, control of litter accumulation on road sides, awareness rising on proper road use and road management to the communities, monitoring and evaluation, management to reduce pollutant concentrations in runoff, disposal of wastes from road maintenance activities, storage and management of maintenance materials and equipment.
Duration The duration of this phase will be twenty years (20) years.
Types and Sources of Project requirements Types and sources of project requirements during the operational phase are shown in Table 2.6:
Table 2.6: Types and sources of project requirements during the operational phase (Maintenance) Requirements Type Source Raw Materials Aggregates See section 2.3.2 Sand See section 2.3.3 Asphalt Saudi Arabia Cement Local vendors in Bukoba Water See section 2.3.4 Manpower Skilled Contractor/TANROADS Unskilled Local People along the road Equipment Excavator TANROADS/Contractor Wheel loader TANROADS/Contractor Water Boozer TANROADS/Contractor Bull dozer TANROADS/Contractor Motor grader TANROADS/Contractor Roller Compactor TANROADS/Contractor Plate compactor TANROADS/Contractor Crasher TANROADS/Contractor Tippers TANROADS/Contractor
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Transportation Materials (fine and course aggregates) from quarries will be transported by trucks to the construction site. Water will be moved by water boozers. Other materials like asphalts, cement, timber and reinforcement bars will be transported by Lorries to the maintenance site.
Storage Most of materials like Aggregates, Sand, and Water will be used directly after delivery and as such no piling up is expected. Cement and reinforcement bars will be stored in special storage rooms. The asphalt will be stored in their respective containers which will be kept in the storage rooms.
Types, Amounts and treatment/disposal of Wastes Types, amounts and treatment/disposal of wastes during the construction phase are shown in Table 2.7:
Table 2.7: Types, amounts and treatment/disposal of wastes during the operational phase Waste Types Amount Treatment/ Disposal Solid Waste Vegetation (Grasses) 4-6m3/ month Left to decay for further (Degradable) fertilization of the soil
Solid Waste Scrap metals, drums 3-6kg per Sold to Recyclers month (Non- Degradable) Asphalt concrete, 5-7 kg per day Taken to the Authorised Tins, glasses and dumpsite at Nyarubungo plastics dump site Biharamulo
Liquid waste Oils and greases Non Car maintenance will be done at proper garage at Ngara/ Biharamulo Bukoba
2.3 Construction materials
The main construction materials for the road include sand, gravel, hard stones (aggregates), reinforcement iron bars, water and bitumen. Most of the materials shall be obtained locally (within Tanzania) except bitumen which shall be imported. Material investigations have been made with the aim of identifying sources for suitable construction materials including borrow pits, sand pits, construction water sources and quarry sites.
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2.3.1 Borrow Areas
During soil and materials investigation, nine borrow areas were found along the project road almost 6km to 10km and samples were taken for laboratory tests to check the quality of the available materials for pavement construction. Table 2.8 gives a summary of the locations of the potential borrow areas and their estimated quantities.
Table 2.8: Borrow Areas and Estimated Quantities S/n Chainage (km) Name Estimated Remarks Quantities (m3) 1 0+800 RHS Ihigi 42,750 Existing 2 7 +000 LHS Nyamalagala 29,250 Existing 3 17+ 000 LHS Busili 31,500 Existing 4 33+ 700 LHS Nyakahura 40,500 New 5 41+000 LHS Mihongola 40,500 New 6 62+000 RHS Kikukumbo 36,000 Existing 7 69+000 LHS Lumasi 36,000 New 8 79+000 RHS Ngoma 40,500 Existing 9 89+000 RHS Gwabilulu 40,500 New
The results show that the materials from borrow areas at km 33+700, 41+000 and 62+000 along Lusahunga - Rusumo road conform to the requirements of G45. Materials from all other borrow pits conform to the requirements of G15 and C1 except for the borrow pit at km 7+000 along Lusahunga - Rusumo road which qualifies only as G15 material. 2.3.2 Aggregate Source
Three hard stone sources were identified as shown in Table 2.9 below. The hard stone from the source are metamorphic rocks of quartzite type. The rocks are partially metamorphosed and unlike the true quartzite which are holocrystalline, discrete particles can be seen throughout freshly broken rock samples and the overall texture is rough, with good bitumen affinity, and suitable for concrete aggregates.
Table 2.9: Aggregate Sources and Estimated Quantities
S/n Chainage (km) Name Estimated Quantities Remarks (m3) 1 2 +400, 90 RHS Ihigi More than 100,000m3 New
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2 65+000, 2.0km Kafua More than 100,000m3 New RHS 3 84 +000 RHS Gwabilulu More than 100,000m3 Existing
Figure 2.5: Ihigi (L) and Gwabilulu (R) hard stone source
2.3.3 Sand Suitable natural sand sources are scarce in the vicinity of the project area. Three sand pits of natural sand was investigated along the project road at chainage 0 +400 (300km LHS), 5 +500 (400m RHS) and 85+700 (9.1km LHS). The laboratory result showed that the sand is too fine but the sulphate and chloride contents are on the low side and thus acceptable. Records however show that the crushed fines were used as sand during the upgrading of Nyakasanza- Kobero road and rehabilitation of Lusahunga - Rusumo road which can be adopted in the rehabilitation project as well. 2.3.4 Gravel and stone aggregates materials Before extraction of the materials, the Contractor shall prepare the Borrow Pits and Quarry Sites Operation and Reinstatement Plan for approval by TANROADS and the Bank. This plan shall form part of tender and bid documents and the contract. According to Environmental Code of Practice for Civil Works (2009), before utilizing the borrow pits and quarry sites, soil and materials report is prepared and has to be approved by the project Engineer including filling in borrow pits and quarry sites approval forms which contain environmental and social parameters. During utilization management will be guided by the site specific ESMPs.
2.3.5 Water Sources One borehole, one dam, two streams and one perennial river was investigated for water sources. The laboratory results show that water from all the sources is suitable for road construction project. Table 2.10 below shows names and location of water sources.
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Table 2.10: Location of Water sources
S/No. Name of Source Location (km) Offset Distance 1 Midalo stream 11+200 Cross the project road 2 Nyakahura Borehole 31+ 500 1km LHS 3 Kikukumbo stream 61+000 Cross project road 4 Benako Dam 77+000 30m RHS 5 Rusumo River 91+700 At the boarder
Figure 2.6: Rusumo River, a potential source of water for the project 2.3.6 Sources of manufactured materials for road construction. Traditional construction materials to be used have been tested (by TANROADS Approved Laboratories) for compliance and for those manufactured materials for road construction and their sources are being describes hereunder. Cement- Cement is easily available in the mainland, packed in 50kg bags and sourced from the factories in Dar es Salaam. Reinforcement Steel- Reinforcing steel for structural works is also available in the mainland from various factories in Dar es Salaam or abroad. Strength and other properties of reinforcing steel to be confirmed by testing of samples in approved testing laboratories. Bitumen- Bitumen for road works is generally readily available from either TPDC or external suppliers. Bitumen properties need to be checked by testing representative samples in approved laboratories. Lime- Industrial hydrated Lime properties need to be checked by testing representative samples in approved laboratories. TANROADS Kagera Laboratory shall perform the checks.
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2.4 Resettlement and Compensation Issues The project shall entail resettlement of people and properties including buildings, land and trees. In view of this, RAP for the affected properties was prepared to identify project affected persons (PAPs) and establish the value of the affected properties for compensations. To minimize the resettlement impacts, RAP was prepared based on the existing road right of way (RoW) of 45m as stipulated in the Road Sector Compensation and Resettlement Guidelines of 2009. Table 2.11 below shows the number of affected properties i.e. buildings/ structures, land and trees and their compensation costs.
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Table 2.11: Project affected properties and compensation value
Component Resettlement cost (TZS) Compensation for Structures 488,338,185/= 237 PAPs Compensation for loss of Land 10,421,420/=
Trees 395,809,500/= Other costs Cost for hiring NGO 10,000,000.00/= Expenses for three committees (Sitting and Transport 6,000,000.00/= allowances) Cost of Livelihood Rehabilitation and Restoration Plan 9,105,691/= Sub total 919,674,796.00/= Grand Total 919,674,796.00/=
2.5 Camp sites The project will establish two types of camps. There will be a permanent camp that is referred as the Engineer’s camp and the contractor’s camp which is normally of temporary structures. In finding the location of the camps, the following shall be observed as stipulated in the Environmental Code of Practice for Road Works, 2009; The access paths to the construction site, storage and parking facilities, workers’ camp, site offices and other temporary installations must be located at least 60m from permanent water courses or lakes and more than 30m from intermittent water course; Worker’s camp must be located at least 150m from the road reserve of the main road and at least 500m from inhabited zone; Sites of exceptional interest (e.g. ecological or archeological must be avoided; For the engineer’s camp, its location depends on the needs of the community along the road. These are the permanent structures that are handled over to the government after completion of construction works for public use such as offices, school, dispensaries, etc. The design identified three locations along the project road including Lusahunga junction at the beginning of the project, Benako area at km 76 and Rusumo area at the end of the project. All locations have no environmental complications but based on the assessment, the Benako area was found to be suitable over the others due to the fact that, there is a good population and hence at the end of the project the buildings can be used for social services such as school, etc. The contractor shall however, prepare a site - specific management plan for camps subject to approval by the Resident Engineer and TANROADS.
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3.0 POLICY, ADMINISTRATIVE AND LEGAL FRAMEWORK
3.1 Environmental Management Regulation in Tanzania
A clean and safe environment is the constitutional right of every Tanzanian citizen. Regulation on environmental management in the country is mainly vested on two public institutions, the National Environment Management Council (NEMC) and the Division of Environment (DoE) in the office of the Vice President. The NEMC undertakes enforcement, compliance, and review of environmental impact statements whereas the DoE provides the policy formulations and technical back -up and executes the overall mandate for environmental management in the country. There are many policies and pieces of legislation on environmental management in Tanzania, the relevant ones to this project area briefly discussed below.
3.2 National Policies
Environmental awareness in the country has significantly increased in recent years. The government has been developing and reviewing national policies to address environmental management in various sectors. Among others, the objective of these policies is to regulate the development undertaken within respective sectors so that they are not undertaken at the expense of the environment. The national policies that address environmental management as far as this project is concerned and which form the corner stone of the present study include the following:
3.2.1 National Environmental Policy (NEP) of 1997
Tanzania currently aims to achieve sustainable development through the rational and sustainable use of natural resources and to incorporate measures that safeguard the environment in any development activities. The environmental policy document seeks to provide the framework for making the fundamental changes that are needed to bring consideration of the environment into the mainstream of the decision making processes in the country. The National Environmental Policy, 1997 stresses that for a framework law to be effective, environmental standards and procedures have to be in place. For example, Chapter 4 of the policy (Instruments for Environmental; Policy), Section 61, states that “As part of the (National Environmental Policy) strategy in the implementation of the National Environmental Guidelines, specific criteria for EIA conduct will be formulated”. The National Environmental Policy as a national framework for environmental management emphasized that the transport sector shall focus on the following environmental objectives: Ensuring sustainability, security and the equitable use of resources for meeting the basic needs of the present and future generations without degrading the environment or risking health or safety.
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To prevent and control degradation of land, water, vegetation and air which constitute our life support system. To conserve and enhance our natural and man-made heritage, including the biological diversity of the unique ecosystem of Tanzania. To improve the condition and productivity of degraded areas including rural and urban settlement in order that all Tanzanians may live in safe, healthful, productive and aesthetically pleasing surroundings. To raise public awareness and understanding of the essential linkages between environment and development and to promote individual and community participation in the environmental action. To promote international co-operation on the environment and expand our participation and contribution to relevant bilateral, sub-regional, regional, and global organizations and programs, including implementation of treaties. With specific regard to the transport sector, the National Environmental Policy (in Section 51) focuses on the following • Improvement in mass transport systems to reduce fuel consumption, traffic congestion and pollution; • Control and minimization of transport emission gases, noise, dust and particulates; • Disaster/spills prevention and response plans and standards shall be formulated for transportation of hazardous/dangerous materials. On addressing the issues of poverty alleviation, the policy recognizes its impact to the environment. The policy focuses on the satisfaction of basic needs of citizens with due cognizance to protecting the environment. This project will ensure that the above policy objectives are met. The NEP advocates the adoption of Environmental Impact Assessment (EIA) as a tool for screening development projects which are likely to cause adverse environmental impacts.
3.2.2 National Transport Policy (2003)
The vision of this policy is “to have an efficient and cost-effective domestic and international transport service to all segments of the population and sectors of the national economy with maximum safety and minimum environmental degradation”. Its mission is to “Develop safe, reliable, effective, efficient and fully integrated transport infrastructure and operations which will best meet the needs of travel and transport at improving levels of service at lower costs in a manner which supports government strategies for socio-economic development whilst being economically and environmentally sustainable”. The National Transport Policy acknowledges that in the rural areas of Tanzania the transport situation is highly affected by poor infrastructure, specifically roads. Hence the key objective of the transport policy is to improve the transport infrastructure to enable easier movement of agricultural and livestock inputs and outputs to and from rural and urban areas. Agricultural and Livestock inputs need to be transported into villages and surplus outputs need to be
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transported to markets which are normally located in urban areas. To facilitate such goals, efficient and all weather roads are needed. On transport sector, the main objective of the policy is to improve infrastructure whilst minimizing wasteful exploitation of natural resources and enhancing environmental protection. Improving infrastructure assists in poverty reduction and eradication which is a major goal in Tanzania. Most activities in the project area depend in one way or another on the environment and therefore protection of the environment is vital.
In order to promote environmental protection whilst reducing poverty in rural areas, the policy direction is to: • Influence use of alternative energy sources such as biogas and solar available at the residential localities instead of travelling long distances in search of firewood as a source of power; and • Raise environmental awareness. Sections 5.9 and 6.13 on Road Transport and Environment and Rural Transport and Environment respectively give policy directions towards enhancing environmental protection through environmentally friendly and sustainable transport infrastructure both in the rural and urban areas. This project is the Implementation of this policy since the Project road shall provide a reliable means of transporting goods and agriculture products to from the farms to the Markets.
3.2.3 National Mineral Policy (1997)
The National Mineral Policy requires that mining activities are undertaken in a sustainable manner. Reclamation of land after mining activities is recommended. Section 3.3.12 states that “To ensure Sustainability of mining there is a need to Integrate Environmental and Social concerns into Mineral development programmes. Sustainable mining development requires balancing the protection of flora and fauna and Natural Environment with the need for social and economical development." As far as this project is concerned, mining activities refer to quarrying and gravel extraction activities. 3.2.4 National Construction Industry Policy (2003) The road sector is among the key areas covered by this policy. Among the major objectives of the policy, which supports a sustainable road development sector, include the promotion and application of cost effective and innovative technologies and practices to support socio- economic development activities such as road-works, water supply, sanitation, shelter delivery and income generating activities and to ensure application of practices, technologies and products which are not harmful to either the environment or human health. TANROADS shall adopt this policy by using modern technology during construction but with emphasis on value for money for a cost effective project.
3.2.5 National Land Policy (1995)
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The National Land Policy states that, “the overall aim of a National Land Policy is to promote and ensure a secure land tenure system, to encourage the optimal use of land resources, and to facilitate broad - based social and economic development without upsetting or endangering the ecological balance of the environment”. This EIA partly responds to this requirement.
3.2.6 National Energy Policy (2003)
The first energy policy for Tanzania was formulated in April 1992. Since then, the energy sector has undergone a number of changes, necessitating adjustments to this initial policy. These changes include changes in the role of the government from a service provider to a facilitator, liberalization of the market and encouragement of private sector investment. The overall objective of the National Energy Policy of 2003 is to contribute to the development process by establishing efficient energy production, procurement, transportation, distribution and end-user systems in an environmentally sound manner and with due regard to gender issues.
The continuing decline in industrial and agricultural production during the period between 1980 and 1985 led to increased inflation and a decline in the standard of living. In order to arrest this decline, the government gave priority to the rehabilitation of basic economic infrastructure, especially communication, so that they can fully support the production sector. The energy policy considers the condition of roads as a determinant factor in vehicle energy use. Rough and pothole filled roads necessitate frequent braking and acceleration, leading to wasteful use of fuel. The Project road shall provide smooth, well-surfaced and well maintained road which lead to energy savings.
3.2.7 National Human Settlements Development Policy (2000)
Among the objectives of this policy that touch the road sector are to improve the level of the provision of infrastructure and social services for the development of sustainable human settlements and to make serviced land available for shelter to all sections of the community. Such infrastructure and services constitute the backbone of urban/rural economic activities. All weather roads (ie Lusahunga - Rusumo) and a reliable and efficient transport system are essential to increase productivity and the establishment of manufacturing industries.
3.2.8 National Gender Policy (2002)
The key objective of this policy is to provide guidelines that will ensure that gender sensitive plans and strategies are developed in all sectors and institutions. While the policy aims at establishing strategies to eradicate poverty, it puts emphasis on gender quality and equal opportunity of both men and women to participate in development undertakings and to value the role-played by each member of society.
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The ministry of works and TANROADS have adopted the policy through the provision of equal opportunities to both men and women in road works and related activities. This project will also ensure that rural women, who are the main users of the rural infrastructure, will be adequately involved at all levels of project planning to implementation.
3.2.9 The National Water Policy (2002)
The overall objective of this policy is to develop a comprehensive framework for the sustainable management of the national water resources. The policy seeks to ensure that water plays an important role in poverty alleviation. Section 2.15 notes that the size of Tanzania means that communication is time consuming and expensive. Inadequate communication systems (including poor roads) affect the effective implementation of water resources management activities in terms of higher cost of monitoring, supervision, management, policing and data transfer. The Lusahunga - Rusumo Road project will help to alleviate accessibility problems and thus facilitate the enhancement of water resources management within the project influence area.
3.2.10 National Forestry Policy (1998)
The national forest policy is based on macro-economic, environmental and social framework. Its overall aim is to manage Tanzania’s forest resources as a national heritage on an integrated and sustainable basis to optimize their environmental, economic, social and cultural values. The policy drives towards implementing the directives contained in the National Environmental Policy (1997) in regard with forest resources management. For instance, the forest policy advocates and directs the conduction of EIA for development projects that will affect forest reserves including services crossing them (e.g. roads). The Project road pass through thick timber forests, the contractor shall observe this policy during Construction.
3.2.11 Agricultural and Livestock Policy (1997)
The number and nature of guidelines that constitute Tanzania Agricultural and Livestock policy is complex. However, the overall aim is to promote and ensure a secure land tenure system to encourage the optimal use of land resources, and facilitate broad-based social and economic development without upsetting or endangering the ecological balance of the environment. The major theme is the conversion of land into an economic asset to which all citizens should have equal access, especially in response to the vulnerability of smallholders and livestock keepers who do not produce a surplus. The focus is therefore on the commercialization of agriculture so as to increase income levels and alleviate poverty. On the other hand the villages are required to develop land use plans where by a certain amount of land is put aside for livestock grazing while the area for agriculture is also categorized. This is done to minimise conflict between farmers and livestock keepers. It also has an advantage on proper land management and conservation. However, during the study it was observed that the land use plan do not exist in almost in all villages. The lack of land
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use plan result into conflicts between different land users. Enhancing Agriculture in the project area is the one of the main objective of this Project.
3.2.12 National Policy on HIV/AIDS (2001)
The National Policy on HIV/AIDS (2001) was formulated by the Government of Tanzania (GOT) under technical support from the World Health Organization Global Programme on AIDS (WHO-GPA) that led to the establishment of National HIV/AIDS Control Programme (NACP) under the Ministry of Health. However, due to its multi-sectoral nature there was a need to involve all sectors and community participation was found to be crucial. One of the government strategic initiatives is to establish Tanzania Commission for AIDS (TACAIDS) under the Prime Minister’s Office. The Commission provides leadership and coordination of national multi-sectoral response to the HIV/AIDS epidemic. The management functions, institutional and organizational arrangement of TACAIDS are outlined in the National Policy. The policy identifies HIV/AIDS as a global disaster, hence requiring concerted and unprecedented initiative at national and global levels. It recognizes HIV/AIDS as an impediment to development in all sectors, in terms of social and economic development with serious and direct implication on social services and welfare. Thus, the policy recognizes the linkage between poverty and HIV/AIDS, as the poor section of the society are the most vulnerable. The main policy objective is reflected well in the establishment of TACAIDS. However, the policy has also set a number of strategic objectives to deal with specific HIV/AIDS problems: • Prevention of transmission of HIV/AIDS; • HIV Testing; • Care for People Living with HIV/AIDS (PLHAS); • Enhance Sectoral roles through participation and financial support; • Promote and participate in research on HIV/AIDS-including dissemination of scientific information and development of HIV vaccine; • Creating a legal framework through enactment of laws on HIV/AIDS-governing ethical issues and legal status of HIV/AIDS affected families;
Other objectives: • monitoring and safeguarding rights of infected or affected people; • prevent human rights abuse, discrimination and social injustice; • provide effective treatment for opportunistic diseases; • promote fight against drug substance abuse; • Prohibit misleading advertisements of drugs and other products for HIV/AIDS prevention, treatment and care.
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This project can be a precursor of Incidents of HIV/AIDS due to the influx of people into the area including construction workers. This would result in an increase in the incidence of diseases including STI, and HIV/AIDS.
3.2.13 The Wildlife Policy of Tanzania (2007)
The vision of the wildlife sector for the next 20 years conforms to the Development Vision 2025 on sustainable environmental and socio-economic transformation. Inter alia, the vision of the wildlife sector is to: Promote conservation of biological diversity; Administer, regulate and develop wildlife resources; Involve all stakeholders in wildlife conservation and sustainable utilization, as well as in fair equitable sharing of benefits; Promote sustainable utilization of wildlife resources; and Contribute to poverty alleviation and improve the quality of Tanzania.
The Wildlife Policy envisages addressing several national challenges. For instance, conserving representative areas of the key habitats with great biological diversity; continuing to support and where necessary, enlarge the protected area network as the core of conservation activities; integrating wildlife conservation with rural development; and minimizing human-wildlife conflicts whenever it occurs.
The Project road can interfere with such challenges for which the policy needs to tackle. All stages involved in the project are able to contribute some impacts on the wildlife. In this particular case with the neighbouring protected areas (PAs) there is much possibility for profound impacts especially on small animals like reptiles, birds and their habitats, amphibians etc.
3.3 Legal Framework
3.3.1 Environmental Management Act No. 20 of (2004), Cap. 191
The Environmental Management Act (EMA) is a piece of legislation that forms an umbrella law on environmental management in Tanzania. Its enactment has repealed the National Environment Management Council Act. 19 of (1983) while providing for the continued existence of the National Environment Management Council (NEMC). Among the major purposes of the EMA are to provide the legal and institutional framework for sustainable management of the environment in Tanzania; to outline principles for management, impact and risk assessment, the prevention and control of pollution, waste 35 | P a g e
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management, environmental quality standards, public participation, compliance and enforcement; to provide the basis for implementation of international instruments on the environment; to provide for implementation of the National Environmental Policy; to provide for establishment of the National Environmental Fund and to provide for other related matters.
Part III, Section 15(a) states that "in matters pertaining to the environment, the Director of Environment shall coordinate various environment management activities being undertaken by other agencies to promote the integration of environment considerations into development policies, plans, programmes, strategies projects and undertake strategic environmental assessments with a view to ensuring the proper management and rational utilization of environmental resources on a sustainable basis for the improvement of the quality of human life in Tanzania".
Part VI of the EMA deals with Environmental Impact Assessments (EIA) and other Assessments and directs that an EIA is mandatory for all development projects. Section 81(2) states that “An Environmental Impact Assessment study shall be carried out prior to the commencement or financing of a project or undertaking”, while Section 81(3) states “a permit or licence for the carrying out of any project or undertaking in accordance with any written law shall not entitle the proponent or developer to undertake or to cause to be undertaken a project or activity without an environmental impact assessment certificate issued under this Act”. This EIA is conducted for this project in order to abide to this law.
3.3.2 The Land Act No. 4 of 1999 and the Village Land Act No. 5 of (1999)
These laws declare all land in Tanzania to be “Public land” to be held by the state for public purposes. The Acts empower the President of the United Republic of Tanzania, to revoke the “Right of Occupancy” of any landholder for the “public/national interest” should the need arise. The laws also declare the value attached to land.
Land tenure system
The existing land ownership system has a history of more than forty years. At present the Land Act (1999) and the Village Land Act (1999) provide guidance to land ownership in Tanzania. The laws vest all land in the President and grant occupancy rights to individuals, legal persons and territorial communities. The President holds land in trust for all citizens and can acquire land for public use and benefit, for instance, to resettle people from densely populated areas to sparsely populated areas, settle refugees and so forth. The President can also acquire land for other national projects, like road construction. Compensation rules Under the Government Standing Order on expropriation for public utility, the holder of a Right of Occupancy is guaranteed a free enjoyment of the land and is entitled to compensation if dispossessed by the Government for public use. In many cases whilst the holders agree to 36 | P a g e
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leave their land they are not happy with the amount and delay of the compensation. Often, for example, improvements that they have made to the land are omitted or underrated. The expropriation should match the price that improvements can fetch if sold in the open market. Replacement value (defined as the cost of putting up a structure equivalent to the evaluated one) makes allowance for age, state of repair and economic obsolescence. The compensation must therefore include:- • The replacement value of the un-exhausted improvements • Disturbance and transport allowance • Loss of income • Cost of acquiring or getting an equivalent land • Actual value of the present property/utility available in the land and • Any other immediate costs or capital expenditure incurred in the development of the land. This project shall involve resettlement of people and their properties, this law shall govern the whole process of valuation and compensation.
3.3.3 The Road Act, 2007
For purposes of this project, the Road Act 2007 serves as a guide to the use of the road reserve. Contrary to previous informal understanding the reserve is exclusive to road related activities that do not include other utilities. However clause 29 (2) does give provision for the request and terms of approval for use of the road reserve by utilities such as power lines and water pipes.
On land acquisition the Act clearly states in part III, Section 16 that ‘where it becomes necessary for the road authority to acquire a land owned by any person, the owner of such land shall be entitled to compensation for any development on such land in accordance with the Land Act and any other written law’. TANROADS shall observe this law for the conservation of the road reserve.
3.3.4 The Water Resources Management Act No. 11 of 2009
This is a new legislation that has repealed the Water Utilization (Control and Regulation) Act (1974). The Act provides for institutional and legal framework for sustainable management and development of water resources; outlines principles for water resources management; for prevention and control of water pollution; and provides for participation of stakeholders and general public in implementation of the National Water Policy. Its main objective is to ensure that the nation’s water resources are protected, used, developed, conserved, managed and controlled in ways that among others meets the basic human needs of present and future generations, prevents and controls pollution of water resources and protects biological diversity especially the aquatic ecosystems. 37 | P a g e
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In accordance with this law, all water resources in mainland Tanzania shall continue to be public water and vested in the President as the trustee for and on behalf of the citizens. The power to confer a right to the use of water from any water resource is vested in the Minister responsible for water. A number of perennial and seasonal rivers cross the project road. There surface water bodies and ground water are managed by Lake Tanganyika Basin Offices. This authority shall be consulted before starting working in the Rivers and before abstraction of water from the water bodies.
3.3.5 Public Health Act 2009
An Act provide for the promotion, preservation and maintenance of public health with the view to ensuring the provision of comprehensive, functional and sustainable public health services to the general public and to provide for other related matters. Section 54 of this law states that " A person shall not cause or suffer from nuisance, likely to be injurious or dangerous to health, existing on land, premises, air or water". Therefore TANROADS shall develop this project road so that no body suffer from nuisance or cause danger to peoples life. 3.3.6 Land Use Planning Act (2007)
The Act provides for the procedures for the preparation, administration and enforcement of land use plans; to repeal the National Land Use Planning Commissioning Act and to provide for related matters. Among the objectives of the Act as given in Section 4 are to facilitate the orderly management of land use and to promote sustainable land use practices. The project entail taking additional 7.5m on both sides of the road which is change of land use as the land was used for other purposes. This change in land use shall cause change in livelihood, therefore TANROADS must comply with the provisions of this act. Any infringement on existing land use shall need consultation with land use planning authorities.
3.3.7 Occupation Safety and Health Act (2003)
The law requires employers to provide a good working environment to workers in order to safeguard their health. The employers need to perform medical examinations to determine fitness before engaging employees. Employers must also ensure that the equipment used by employees is safe and shall also provide proper working gear as appropriate. TANROADS and contractor shall observe this law during construction.
3.3.8 Local Government Laws (Miscellaneous Amendment) Act, 2006
The Local Government Act directs the registrar of villages to register an area as a village and issue a certificate of incorporation which enables the village council to become a corporate body with a perpetual succession and official seal; in its corporate name a village is capable
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of suing and being sued; and a village is capable of holding and purchasing or requiring in any other way any movable or immovable property.
The Act gives authority to local governments to regulate matters that are local. A pertinent example of such authority to the project road is that the local government may opt to regulate extraction of minerals or building material, through their by-laws. Despite the authority of local governments the by-laws should not derogate any principal legislation e.g. in the case of extraction of material, the Mining Act.
3.3.9 The Standards Act No. 2 of 2009
An Act to provide for the promotion of the standardization of specifications of commodities and services, to re-establish the Tanzania Bureau of Standards (TBS) and to provide better provisions for the functions, management and control of the Bureau, to repeal the standards Act, Cap.130 and to provide for other related matters. This act is relevant to this project as the quality of the Bitumen/Asphalt, and other products to be imported by Contractor during construction will have to abide to the standards set by TBS.
3.3.10 National Forest Act, 2002
This Act deals with the protection of forests and forest products in forest reserves and the restrictions and prohibitions in forest reserves. Forest Management plans are administered under the Forest ordinance (1957). Any contravention of the restrictions and prohibition is considered an offence under this ordinance and subject to enforcement. The law was revised in 2002 to meet the new requirements under the Forest Policy. The new Forest Act No 14 of 2002 requires that for any development including mining development, construction of dams, power stations, electrical or telecommunication and construction of building within a Forest Reserve, Private Forest or Sensitive Forest, the proponent must prepare an Environmental Impact Assessment for submission to the Director of Forestry. The law also requires licenses or permits for certain activities undertaken within the national or local forest reserves, such as, among others, felling or removing trees, harvesting forest produce, entering a forest reserve for the purpose of tourism or camping, mining activities, occupation or residence within the reserve, cultivation, erecting any structures. This EIA has been prepared to fulfil the requirements of this law.
3. 3.11 Explosives Act, 56/63
This Act gives the Commissioner for Mines responsibility for regulating explosives. First, section 3 stipulates that no import, manufacture, possession, acquisition, or disposition of explosives is allowed unless the substance is approved for use by the Commissioner. Sections 7-9 stipulate that a person must have a license from the Commissioner for Mines to legally manufacture explosives. Penalty for failure to have a license is 5,000 and/or 2 years. Part V of the Act further requires a permit for transport of explosives. Part VI requires a
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permit for acquisition, possession, and disposal of explosives. Part VII requires a permit for storage of explosives. Part VIII requires a permit for use of explosives. An explosives permit can give conditions. The required applications and permits include the following. • Application for Import Permit • Import Permit • Import Permit (General Authority to Import Explosives) • Application for License to Purchase or Acquire Explosives • License to Purchase or Acquire Explosives • Magazine License • Explosive Store License • Application for Blasting Certificate • Blasting Certificate • Return of Explosives In addition to these general permitting requirements, section 12 provides that "the person in charge of the explosives is liable if an "unauthorized person" has access thereto or possession thereof. Section 51 establishes general penalties of Tsh. 4,000 and/or 1 year". Also, under section 53, "the Commissioner has authority to revoke a license or blasting certificate". For this project road, this applies to use of material from any quarries where blasting is to be employed.
3.3.12 Regional and District Act No 9, 1997
The Act provides for Regional Commissioners to oversee Regional Secretariats, with District Commissioners directly supervising the District Councils. Local authorities oversee the local planning processes, including establishing local environmental policies. The National Environmental Policy establishes a policy committee on Environment at Regional level chaired by the Regional Commissioner, mirrored by environmental committee at all lower levels, i.e. at the District, Division, Ward and Village or Mtaa Councils.
Under the EMA 2004, the Regional Secretariat is responsible for coordination for all advice on environmental management in their respective region and in liaison with the Director of Environment. At Local Government level, an Environmental Management Officer should be designated or appointed by each City, Municipal, District or Town Council. In each City or Municipality or District Environmental Committees should be established to promote and enhance sustainable management of the Environment. The Village Development Committee is responsible for proper management of the environment in their respective areas. The District Council designates for each administrative area as township, ward, village, sub-street and Environmental Management Officer to coordinate all functions and activities related to 40 | P a g e
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protection of environmental in their area. TANROADS and Contractor shall observe all local environmental bylaws set by Ngara and Biharamulo District Council and Kagera Region Secretariat.
3.3.13 Mining Act (2010)
This Act states that “building material” includes all forms of rock, stones, gravel, sand, clay, volcanic ash or cinder, or other minerals being used for the construction of buildings, roads, dams, aerodromes, or similar works but does not include gypsum, limestone being burned for the production of lime, or material used for the manufacture of cement. This act make sure minerals are well controlled and Section 6(1) states that "no person shall, on or in any land to which this act refers, prospect for minerals or carry on mining operations except under the authority of Mineral Right granted or deemed to have been granted under this Act." In additional section 50. -(1) (v) of the act states that "The Minister shall grant an application for a mining licence for minerals which has been properly made under section 49 and a successful application for a mining licence made under section 71 unless the applicant has not included the relevant environmental certificate issued under the Environment Management Act". For this Project the Contractor shall apply for Mining permit before starting Quarrying Activities.
3.3.14 The Land Acquisition Act 1967
Under the Land Acquisition Act, 1967, the President may, subject to the provisions of this Act, acquire any land for any estate or term where such land is required for any public purpose. Land shall be deemed to be acquired for a public purpose where it is required, for example, for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services, or housing or; where the President is satisfied that a corporation requires any land for the purposes of construction of any work which in his opinion would be of public utility or in the public interest or in the interest of the national economy, he may, with the approval, to be signified by resolution of the National Assembly and by order published in the Gazette, declare the purpose for which such land is required to be a public purpose and upon such order being made such purpose shall be deemed to be a public purpose; or in connection with the laying out of any new city, municipality, township or minor settlement or the extension or improvement of any existing city, municipality, township or minor settlement; etc. Upon such acquisition of any Land the President is compelled on behalf of the Government to pay in respect thereof, out of moneys provided for the purpose by Parliament, such compensation, as may be agreed upon or determined in accordance with the provisions of the Land Acquisition Act, 1967. The President may also revoke a right of occupancy if in his opinion it is in public interest to do so. Accordingly, the land for which a right of occupancy has been revoked reverts back to the Government for re-allocation pursuant to the existing need (s). It should also be noted
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here that, though the land belongs to the government some changes on the land act has taken place. Land has value to the owner; therefore, any land taken from the user has to be compensated. Based on this act the villagers affected by the project are claiming that they should be compensated for the lost farms and land used for residential purposes. Any land acquisition that shall be done during the implementation of this project shall be guided by this law.
3.3.15 The Wildlife Conservation Act No 5/09 of 2009 The prime purposes of this Act are; 1. To make better provisions for the conservation, management, protection and sustainable utilisation of wildlife and wildlife products 2. To repeal the Wildlife Conservation Act Cap. 283 and 3. To provide for other related matters Section 74 of the Act states that "A human activity, settlement or any other development that will adversely affect wildlife shall not be permitted within five hundred meters from the wildlife protected area borderline without the permission of the, Director." Road construction and its use can be deleterious to the biological diversity of any place and any kind regardless whether the area is protected or not. This project does not traverse near the protected areas, however TANROADs shall see to it all provisions of this act are observed during construction.
3.3.16 Employment and Labour Relations Act No. 6 0f 2004
The Act makes provisions for core labour rights; establishes basic employment standards, provides a framework for collective bargaining; and provides for the prevention and settlement of disputes. TANROADS shall see to it that the Contractor adheres to employment standards as provided for by the law.
3.3.17 Engineers Registration Act and its Amendments 1997 and 2007
The Acts regulate the engineering practice in Tanzania by registering engineers and monitoring their conduct. It establishes the Engineering Registration Board (ERB). Laws require any foreigner engineer to register with ERB before practicing in the country. Foreign engineers working with this project shall abide to the law requirement.
3.3.18 The Contractors Registration Act (1997)
The Contractors Registration Act requires contractors to be registered by the Contractors Board (CRB) before engaging in practice. It requires foreign contractors to be registered by
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the Board before gaining contracts in Tanzania. TANROADS shall comply with the law requirement during the recruitment of contractors for project implementation.
3.3.19 The HIV and AIDS (Prevention and Control) Act of 2008
The law provides for public education and programmes on HIV and AIDS. Section 8(1) of the law states that “The Ministry (Health), health practitioners, workers in the public and private sectors and NGOs shall for the purpose of providing HIV and AIDS education to the public, disseminate information regarding HIV and AIDS to the public”. Furthermore, Section 9 states that “Every employer in consultation with the Ministry (Health) shall establish and coordinate a workplace programme on HIV and AIDS for employees under his control and such programmes shall include provision of gender responsive HIV and AIDS education….”. This project shall abide to HIV/AIDS Act in the fight against the disease during construction.
3.3.20 The Industrial and Consumer Chemical (Management and Control) Act, 2002
The Act provides for among other issues, importation, transportation, storage, use and disposal of chemicals in Tanzania. Road Contractor/TANROADS is required by law to have a certificate from the Chief Government Chemist for importation, storage or disposal of any chemicals (Asphalt, Lime etc). Furthermore, Road Contractor/TANROADS as any other individual dealing with chemical is required to comply with all provisions/regulations regarding packaging, handling, storage, use and disposal of chemicals, as set by the this Act. The minister appoints an inspector from time to time to ensure compliance. Failure to compliance might lead to revocation of the certificate. This law shall guide the contractor and TANROADS on importation of construction materials such as asphalt.
3.3.21 The Petroleum Act, 2015
This act make provisions for Importation, Exportation, Transportation, Transformation, Storage and wholesale and retail distribution of petroleum products in a liberalized market and to provide for related matters. Section 173. Provides that “A person shall not transport petroleum product using vehicle, vessels or facility unless such vehicle, vessels or facility complies with the standards set out by the Tanzania Bureau of Standards” as the project involve petroleum products such as vehicle gas and bitumen, TANROADS and the contractor shall see to it that the provisions of this law are taken into task during construction of the Lusahunga - Rusumo Road.
3.3.22 Antiquities Act of 1964 and the Antiquities Rules of 1991 The Antiquities Act of 1964 and its amendment of 1979 and the Antiquities Rules of 1991 govern archaeological research in Tanzania. Under the Act, all objects (relics) that were made or modified by man before the year 1863 are automatically protected under the law. Section 16 of the 1964 Act gives powers to Local Government Authorities to pass by-laws (with the approval of the Minister responsible for Antiquities) with respect to the preservation
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of the archaeological heritage in their areas of jurisdiction. They also have mandates to spearhead developments in districts and urban centers (for cities and municipalities) respectively. Section 10 (1) provides that, any person who discovers a relic or monument or any object or site which may reasonably be supposed to be a relic or monument in Tanzania, otherwise than in the course of a search or excavation made in accordance with a license granted under Section 13, and the occupier of any land who knows of any such discovery on or under such land, shall forthwith report the same to an administrative officer, the Director, the Conservator or the Curator of the Museum. The Division of Antiquities is a statutory body within the Ministry of Natural Resources and Tourism responsible for conservation, preservation, protection and management of cultural heritage resources in Tanzania. The project involves soil excavations, which may result into destruction of archaeological artefacts. The Contractor will protect archaeological materials and report on any archaeological findings to the Director of Antiquities and the relevant Local Government Authorities.
3.3.23 Graves (Removal) Act, 1969
This is an Act to provide for the Removal of Graves from land acquired for public purposes. Subject to Section 3 of this Act, “where any land on which a grave is situated is required for a public purpose the Minister may cause such grave and any dead body buried therein to be removed from the land and, in such case, shall take all such steps as may be requisite or convenient for the reinstatement of the grave and the re-interment of the dead body in a place approved by him for the purpose”. Under Section 7, the removal, transportation and reinstatement or re-interment conditions of a grave or dead body authorized under this Act shall be undertaken:
As far as is possible, with due regard to the views of the persons interested and the religious susceptibilities of the members of the religious community to which the person belonged whose grave or dead body it is; With due solemnity and respectful treatment of the dead; So far as is practicable, without unnecessary damage to the grave and the dead body; So that a dead body which is disinterred is transported and reinterred without undue delay; Under such conditions of privacy as ensures that no dead body is exposed to public view; In a manner which is not injurious to public health; and In accordance with such directions as may be given by a public officer appointed by the Minister to supervise the undertaking.
The compensation payable under Section 9 shall be limited to the reasonable expenses incurred in the removal, transportation, reinstatement and re-interment of the grave or dead body and any placatory or expiatory rites or other ceremony accompanying such removal and re-interment.
Relevance to the project:
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The project will affect graves during construction of the road therefore the Act has laid down conditions for compensation.
3.4 Relevant Regulations and Guidelines 3.4.1 The Tanzania 2025 Development Vision
The Tanzania Vision 2025 aims at achieving a high-quality livelihood for its people attain good governance through the rule of law and develop a strong and competitive economy. Specific targets include: 1. A high quality livelihood characterized by sustainable and shared growth (equity), and freedom from abject poverty in a democratic environment. Specifically, the Vision aims at: food self-sufficiency and security, universal primary education and extension of tertiary education, gender equality, universal access to primary health care, 75% reduction in infant and maternal mortality rates, universal access to safe water, increased life expectancy, absence of abject poverty, a well-educated and learning society. 2. Good governance and the rule of law moral and cultural uprightness, adherence to the rule of law, elimination of corruption. 3. A strong and competitive economy capable of producing sustainable growth and shared benefits a diversified and semi-industrialized economy, macro-economic stability, a growth rate of 8% per annum, adequate level of physical infrastructure, an active and competitive player in regional and global markets. Good roads are one of the most important agents to enable Tanzania achieve its Development Vision objectives (both social and economic), such as eradicating poverty, attaining food security, sustaining biodiversity and sensitive ecosystems. Rehabilitation of the Lusahunga - Rusumo road through this project contributes to the attainment of the 2025 Vision. 3.4.2 The Explosives Regulations of 1964, GN 56/64
The Explosives Regulations of 1964, GN 56/64, establish conditions for licensing stores, magazines and general precautions for explosives. They also stipulate the nature of work which is permissible when blasting, and the requirement that storage places for explosives be at a certain distance from other buildings. A condition on all of the licenses is that the explosives must be stored in a licensed magazine or store or approved storage boxes. The contactor for this project shall apply for a license before the use of explosives for blasting. 3.4.3 Land (Assessment of the Value of Land for Compensation) Regulations, 2001
These regulations provide criteria for the assessment of compensation on land, as per market value for real property; disturbance allowance is calculated as a percentage of market value of the acquired assets over twelve months; and transport allowance calculated at the cost of 12 tons hauled over a distance not exceeding 20 km. The other criteria includes loss of profit on accommodation based on business audited accounts and accommodation allowance equivalent to the rent of the acquired property per 45 | P a g e
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month over a 36 month period. These regulations shall guide the compensation exercise in this project.
3.4.4 Mining (Environmental management and Protection) Regulations, 1999
These regulations apart from other things give the Minister responsible for mining the mandate to exempt or ask for environmental information during application for mining license. Section (4) of this regulations states that “Except in cases where an exemption has been to require EIA granted under section 64 (2) of the Act, an environmental impact statement and environmental management plan must accompany applications for Mineral Rights in all special mining license applications”. These regulations require the contractor to apply for mining licence for new borrow pits/quarry sites. The application should be accompanied by EIA. For this road the existing borrow pits will be used. 3.4.5 Environmental Impact Assessment and Auditing Regulations (2005) These regulations set procedures for conducting EIA and environmental audit in the country. The regulations also require registration of EIA experts. This EIA has been conducted following the above stated regulations. 3.4.6 National Strategy for Growth and Reduction of Poverty (2005)
One of NSGRP objective is to improve the quality of life and social well being. This can be achieved through improving passable (good/fair condition) rural roads from 50% in 2003 to at least 75% in 2010. The strategy will also ensure that the health facilities are improved and accessible and drugs are made available throughout the year (NSGRP, 2003). Construction of the Lusahunga - Rusumo road shall contribute to Poverty Reduction within the project area.
3.4.7 Environmental Assessment and Management Guidelines for the Road Sector (2011)
The Environmental Assessment and Management Guidelines for the Road Sector (EAMGRS) were developed in December 2004 (Signed in 2011), just after EMA (2004) was enacted. The guidelines give procedures for the EIA process as briefly explained in Table 3.1.
Table 3.1: Developed EIA Procedures in the Road Sector
EIA PROCEDURES IN THE ROAD SECTOR (as per EAMGRS 2011)
Administrative Procedures:
EIA administrative procedures vary based on the significance of the environmental impacts. The Minister for Environment is responsible for projects with potential major environmental impacts. The EIA of projects with potential non-major environmental impacts are carried out under the Ministry responsible for the road sector and the Road Sector-Environmental Section (RS-ES).
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EA procedures in the road sector are initiated when the Road Implementing Agency (RIA) submits an Environment Application Form to the RS-ES during the Project Identification or Project Planning/Feasibility Study Phase. An environmental screening of the proposed project will determine whether the project will require: An Initial Environmental Examination (IEE); a Limited Environmental Analysis (LEA); or a detailed Environmental Impact Assessment (EIA).
Environmental Screening is done based on the information presented in the Environmental Application Form. The RS-ES is responsible for screening projects and this may acquire a reconnaissance study by an environmental specialist, especially if the project traverses sensitive areas or when there is potential for complex environmental issues.
All road projects with non-major environmental impacts shall be subject to an Initial Environmental Examination (lEE) or a Limited Environmental Analysis (LEA). Projects with major environmental impacts are subject to EIA. The RS-ES will register non-major-impact- projects. For major-impact-projects, the registration is done by NEMC.
3.5 World Bank's Environmental and Social Safeguards Policies
As the project is going to be funded by the Word Bank, its environmental and social safeguard policies should be adhered in the implementation of the project. The World Bank's environmental and social safeguard policies are a cornerstone of its support to sustainable poverty reduction. The objective of these policies is to prevent and mitigate undue harm to people and their environment in the development process. These policies provide guidelines for bank and borrower staffs in the identification, preparation, and implementation of programs and projects. These Policies includes; i. OP 4.01 - Environment Assessment ii. OP 4.12 - Involuntary Resettlement iii. OP 4.11 - Physical Cultural Resources iv. OP 4.10 - Indigenous Peoples v. OP 7.50 - Projects on International Waterways vi. OP 7.60 - Projects in Disputed Areas vii. OP 4.37 -Safety on Dams viii. OP 4.36- Forests ix. OP 4.07 - Water Resources Management This EIA has reviewed the four major policies (OP 4.01, OP 4.36, OP/BP 4.11 and OP 4.12) because they are relevant to the Project as shown in the following sub sections;
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3.5.1 OP 4.01 - Environment Assessment
The World Bank’s Operational Directive 4.01 on Environmental Assessment (now referred to as Operational Policy and Bank Procedure 4.01) requires that environmental assessments be undertaken in those categories of projects that have or are likely to have potentially significant impacts on the environment. Under this policy, projects are categorized as category A, B, or C according to type, scale, location and anticipated severity of environmental impacts. The category indicates the scope and detail required for the EIA. These categories are presented in Table 3.2.
Table 3.2: Categories for Environmental Assessment Category Requirement A A full (comprehensive) EIA is normally required as the project may have significant adverse impacts that may be sensitive, irreversible and diverse. These are mainly new construction projects B More limited environmental analysis is appropriate, as the project may have specific environmental impacts and mitigation measures can be more easily designed. Projects under this category entails rehabilitation, maintenance or rehabilitation rather than new construction C Environmental analysis is normally unnecessary. Projects focus on education, family planning, health and human resources development
As may be seen, in strict accordance with the guidelines, as this project is the rehabilitation of existing roads, it may be considered to fall into Category B because the project is rehabilitation type. As per the World Bank guidelines, the projects can be rated as Category B in which limited environmental analysis is needed, since the project may have specific environmental impacts and mitigation measures can be more easily designed. Nevertheless, there is a component of involuntary resettlement, which suggests that the categorization could be upgraded to A. the rehabilitation of Lusahunga – Rusumo road has impacts to the environment because of its nature. TANROADS and the Government as whole has started to comply with the provisions of this polies by undertaking the environmental assessment of the proposed project.
3.5.2 OP 4.12 - Involuntary Resettlement
Regarding resettlement, the Bank guidelines prescribe measures to minimize the negative impacts and ensure that the displaced community benefits from the project. Therefore the Policy requires that displaced person should be: Compensated for their losses at full replacement cost prior to the actual move; Assisted with the move and supported during the transition period in the resettlement site;
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Assisted in their effort to improve their former living standards, income earning capacity, and production levels, or at least restore them Integrated socially and economically in to host communities so that adverse impacts on host communities are minimized. The best way of archiving this integration is for resettlement to be planned through consultation involving affected people and future hosts and affected people In addition, land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists who may have customary right to the land and other resources taken for the project. The absence of legal title to land by such groups should not be a bar to compensation.
This policy has been triggered since in some of the peoples’ properties shall be expropriated to secure a road reserve of 45m. RAP and the valuation of properties has been conducted. 3.5.3 OP/BP 4.36 - Forests
The objective of this policy is to assist borrowers to harness the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into 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. This policy is triggered whenever any Bank-financed investment project (i) has the potential to have impacts on the health and quality of forests or the rights and welfare of people and their level of dependence upon or interaction with forests; or (ii) aims to bring about changes in the management, protection or utilization of natural forests or plantations. The policy is likely to be triggered as the project passes through planted forest and is near Burigi Conservation area in which materials may be sourced during project implementation. 3.5.4 OP/BP 4.11 Physical Cultural Resources
The objective of this policy is to assist countries to avoid or mitigate adverse impacts of development projects on physical cultural resources. For purposes of this policy, “physical cultural resources” are defined as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above ground, underground, or underwater. The cultural interest may be at the local, provincial or national level, or within the international community. This policy applies to all projects requiring a Category A or B Environmental Assessment under OP 4.01, project located in, or in the vicinity of, recognized cultural heritage sites, and projects designed to support the management or conservation of physical cultural resources.
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The policy may be triggered during excavation of fill materials at both existing and new borrow sites. Chance finds procedure has been prepared and included in Appendix VI. 3.5.5 OP/BP 4.04 Natural Habitats This policy recognizes that the conservation of natural habitats is essential to safeguard their unique 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. This policy is triggered by any project (including any sub-project under a sector investment or financial intermediary) with the potential to cause significant conversion (loss) or degradation of natural habitats, whether directly (through construction) or indirectly (through human activities induced by the project). The policy may be triggered by this project as some of the sections are passing near the plantation forests where there is a possibility of having natural habitats for flora and fauna. Directives of the Policy will be adhered to.
3.6 International Agreements
Tanzania has ratified a number of Multilateral Environmental Agreements (MEAs) and consequently is bound by obligations under these agreements. The most relevant MEAs to this particular project are as included in the table below:
Table 3.3; International Conventions Type of Convention Name of Convention Relevance Bio diversity related Convention of Biological Project activities will Conventions Diversity, (1992) ratified involve clearing of by Tanzania in 1996), vegetations in some road sections and from borrow
sites, quarry sites and Convention to combat, camp sites. Re-vegetation desertification, particular will be carried out upon Africa, Paris 1994, completion of the works. The project will also work with the respective The Cartagena Protocol communities in the on Bio safety to the conservation of available convention on Biological organisms. Diversity (2000)
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Climate change The United Nations The project will prevent conventions Framework convention the leakage of on climatic change greenhouse gases into (1992), the atmosphere through regular maintenance of Kyoto Protocol (1997) construction equipment and generators Other conventions Basel convention on the All wastes generated control of Trans along the project road will boundary movements of never be moved beyond Hazardous Waste and Tanzania Boundaries. their Disposal, 1989 Permitted disposal will be done in Tanzania.
Rotterdam Stockholm Convention on Prior Informed Cooling facilities (fridges) Organic Pollutants to be used by the project will not be using Vienna Convention on chlorofluorocarbons protection of Ozone (CFC’s Layer The Montreal protocol on substances that deplete the ozone layer, Montreal, 1987, Protocol on Liability and compensation on Damage resulting from Trans boundary movement of Hazardous waste and their disposal, 2000
3.7 Institutional Framework
3.7.1 Overall Management Responsibility
The institutional arrangement for environmental management in Tanzania is well spelt out in the EMA (2004). There are seven (7) institutions mentioned by the act, of which the Minister Responsible for the Environment is the overall in-charge for administration of all matters relating to the environment. Part III, Section 13(1) of EMA (2004) states that the Minister responsible for environment shall be in overall in -charge of all matters relating to the environment and shall in that respect be responsible for articulation of policy guidelines necessary for the promotion, protection and sustainable management of environment in Tanzania.
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The legal institutions for environmental management in the country include; • Vice President’s Office - Minister responsible for Environment • National Environment Management Council (NEMC); • Local Government Authorities 3.7.2 Summary of institutions and their responsibilities The outline of the responsibilities of different institutions and personnel at national and local levels in implantation of the Environmental Management and Monitoring Plans for the road project is presented in Table 3.4 below.
Table 3.4: Relevant Institutions to the project Authority Institution Responsibilities Level and personnel
designation
National level Chief To ensure that the proposed road is designed in Executive accordance with existing national legislation, policies, Officer - guidelines and regulation TANROADS To coordinate and facilitate EIA study and resettlement issues for project affected people (PAPs) To ensure that Contractors are implementing the proposed road project in compliance to ESMP for the project and the conditions of EIA Certificate To ensure that the environmental monitoring and internal auditing are carried out regularly.
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Authority Institution Responsibilities Level and personnel
designation
Permanent To issue guidance on development and management Secretary - of Infrastructures in the country Ministry of Works, To advise on and, in collaboration with other bodies Transport and prepare and review the policies of the Government on Communicatio the protection and management of the environment. n (Safety and To ensure compliance by the Ministry with the Environment requirement of Environmental Management Act 2004. Division). To coordinate all activities related to the environment in implementation of road project To develop and review the environmental standard, for road sector To oversee the preparation an implementation of an Environmental Impact Assessment for investments in the infrastructure development sector including development and maintenance projects. To undertake the analysis of Environmental Impact of the sector legislations, regulations, policies, plans strategies and programs through strategic environmental assessment.
Chief To review and approve the Resettlement Action Plan Government and Property Valuation Report for compensation of Valuer - the affected properties. Ministry of Lands and To survey and allocate new plots to the project Human affected people and other required sites for the project Settlement facilities
Minister Responsible for matters relating to environment, and responsible for articulation of policy guidelines necessary for the Environment - promotion, and sustainable management of environment in Tanzania
Advise the Government on legislative and other Director of measures for the management of the environment or Environment the implementation of the relevant international agreements in the field of environment
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Authority Institution Responsibilities Level and personnel
designation
Director To review the EIA reports General - the National To recommend for project approval to the Minister of Environment Environment and issuance of EIA Certificates Management To ensure EMA Act, 2004 enforcement and Council compliance by development projects (NEMC) To monitor project environmental compliance
Treasurer for To allocate funds for Resettlement /Compensation Ministry of
Finance
Ministry of Identify the areas of cultural; important Tourism and Cultural To gazette identified relics Heritage To ensure cultural and tourism sites are protected (Director of Antiquities)
Regional and Regional To advice on the implementation of development District/ Commissioner projects including road project activities in relation to of Kagera laws and regulations requirements. Municipal level To ensure that land is surveyed and allocated to the project affected people.
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Authority Institution Responsibilities Level and personnel
designation
District To ensure proper Urban planning in order to Executive accommodate population influx as a result of road
Directors project implementation (DEDs), Land Officers, Forest To facilitate and coordinate land surveys for allocating Officers and new lands to the project affected people. other Officials To provide information on local situation and available of Biharamulo social services, socio-economic profiles for baseline and Ngara data on Land use planning, health, social and District economic conditions of project area. Councils To insure security of the forest products To ensure conducive working environment for the road contractors during project implementation. To provide guidelines for management of land within project area and area of influence, To undertake/participate in land valuation and participate in compensation arrangement and procedures To provide the required technical support & advice and participate in road surveys and design To participate in environment management and project monitoring during project implementation To provide expertise on HIV/AIDS prevention awareness and testing to the project workers and communities Enforcement of laws and regulations relevant to the road project Ensure enforcement of the Environmental Management Act in their respective areas, Advise the Environmental management Committee on all environmental matters, Promote awareness in their areas on the protection of the environment and conservation of natural resources, Collect and manage information on the environment and the utilization of natural resources, Prepare periodic reports on the state of the local environment, 55 | P a g e Monitor the preparation, review and approval of EIA’s for all local investors,
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Authority Institution Responsibilities Level and personnel
designation
Local Local Leaders To oversee general development plans and project Government and general support to the Ward and Villages. Authorities public of (Township, Wards and To assist in recruitment of project construction Ward, Village, villages located workers to be obtained from the village Sub-village along the To assist in project monitoring as watchdog for the “Mtaa”, project road environment, ensure well-being of residents and “Kitongoji”) sections. participate in project activities To ensure a workable environment for the contractor by providing reliable support and security to the Contractor To participate in HIV/AIDS awareness campaigns to be conducted by the project To provide link between the project developer and the community by providing information on local social, economic, environmental situation To view socio-economic and cultural value of the sites and on the proposed road operations. To render any required assistance and advice on the implementation of the project Ensure enforcement of the Environmental Management Act in their respective areas, Advise the Environmental Management Committees on all environmental matters Promote awareness in their areas on the protection of the environment and conservation of natural resources.
4.0 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS 4.1 Baseline Environment along the road profile
This section covers the baseline environmental situation along the project corridor. Most of information provided in this section were gathered through observation and measurements during field survey. Some of the data were obtained through literature search. The baseline information provided below belongs to two zones; i. Direct Impact Zone (DIZ) - This is the Right of Way of the project road which includes 30m from the centre line (60m in total), borrow pits, quarry sites, campsites etc.
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ii. Immediate Impact Zone (IIZ): These are immediate surrounding areas about 500m on both side of the road (villages along the road) iii. Area of Influence (AI) - This includes the wider geographical areas that are influenced by this project (e.g. Biharamulo and Ngara District, Kagera region).
4.1.1 Topography
The topography through the project area is mainly flat terrain with some rolling and undulating terrain in some sections with altitude that is fluctuating between 1300 and 1400m above mean sea level. The first 15km are relatively flat followed by a stretch of about 57km which has a rolling terrain. The remaining 20km are characterised by hills on both sides of the road and the terrain is undulating.
Figure 4.1: Flat (L) and Undulating (R) terrain of the project road 4.1.2 Geology and Soils The geology of the project areas is made up of coarse grained basement rocks and quartzite’s. Most part of the road profile the soil is characterized by yellowish red clay soil. However there are some parts with black cotton soil (especially near rivers) to some small extent.
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Figure 4.2: Section with yellowish red clay soil
4.1.3 Water Resources and Hydrology
Surface Water Resources There are four surface water bodies that were observed at the project area as shown in Table 4.1 below;
Table 4.1: Surface water resources S/No. Water body Location Offset Distance Remarks (km) 1 Midalo stream 11+200 Cross the project Seasonal road 3 Kikukumbo stream 61 +000 Cross project road Seasonal
4 Benako Dam 77 +000 30m RHS Huge quantity of water 5 Rusumo River 91 +700 At the boarder Perennial
Figure 4.3: Benako dam located 30m from the project road Ground Water Resources There is no hydrologic data available but according to the consultation with the community they confirmed that Groundwater is abundant in almost all the villages along the project road. This is supported by the fact that shallow wells are one of the sources of domestic water supply for all the villages along the project.
Surface and Ground Water Quality Data on water quality from rivers, stream, boreholes and shallow wells was not available to the consultant during the study. However, since the rivers which supply originate from mountain, with no industrials pollution, the quality can be assumed to be good. Regarding the 58 | P a g e
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quality of ground water, the interview with the local people indicates that water from almost all the shallow wells and boreholes along the road fresh.
4.1.4 Road Side Air Quality
The typical air pollutants from road transportation sources are Carbon Monoxide (CO), Nitrogen Dioxide (NO2), Sulphur Dioxide (SO2) and volatile compounds; and particulate matters (dust). Despite the fact data on pollutant concentration along the roads was not available, considering the project road is tarmac and not gravel or earth, and fact that settlement areas are open (which facilitates populates dilution/dispersion), ambient air quality has been projected to be unaffected by vehicular emissions.
4.1.5 Noise and Vibrations
Despite the fact that data on noise pollution of the project area was not available during the time of conducting the survey, the fact that the traffic volume is relatively low, the noise and vibrations levels are rated to be insignificant as the only source of noise at the project area are motor vehicles 4.1.6 Scenic and Visual Impacts
The most common sources of deterioration of scenic and visual and qualities along roads are caused by the presence of borrow pits and stockpiles of construction material as well as road generated dust, particularly the discoloration of buildings and vegetation. The survey did not observe any other significant deterioration of scenic visual quality.
4.1.7 Biological Environment
Flora The flora of the project’s DIZ and AI corridor is characterized by mosaics of Miombo woodlands, wooded grassland, exotic strip trees vegetation, banana and timber plantations. Exotic street strip and banana farms are found at almost all villages centres along the project road, while wooded grassland and miombo woodland are found in between settlements.
Table 4.2: vegetation species along the project area
Vegetation type Common Species Where found along the project road
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Miombo woodland Pericopsis angolensis (mwanga), The whole project road Brachystegia Speciformis (mtundu), where siredea speciformis (mpilipili), there is no settlement combretummole (mlama), Terminalia kilimandscharice (mkunguru), albizia petersiana (mkalakala), argariteria spp(mpalanyonga),Arundinaria alpina (bamboo) Wooded grassland Combretum species and Acacia The whole project road species. where there is no settlement Exotic strip trees Grevillea robusta (silk oak) All settlements along the [mgrivelia],Azadirachta indica cassia project road or yellow cassia) [mjohoro], and Mangifera indica (mango) (miembe ],
Banana Musa acuminata (Matoke) All settlements from Lusahunga to Rusumo Timber plantations -Eucaliptus spp. and Pine-Pinus All to Rusumo settlements patula, P. elliottii and P. caribaea from Lusahunga
Figure 4.4: Miombo Woodland along the project road
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Figure 4.5: Acacia species representing wooded grassland along the project road
Figure 4.6: Exotic trees (gravellier) along the project road at Lusahunga
Figure 4.7: Pine (L) and Eucalyptus (R) plantations
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Figure 4.8: Banana farms near project road
Fauna The main fauna of the area for which the project road passes consist of domestic animals such as livestock, dogs, chicken, water loving birds, and several fish species. Other aquatic creatures includes toads, and monitor lizards.
Fish and Aquatic Habitats The consultant is informed that cat fish (Kambale in Kiswahili) and tilapia (pelage in Kiswahili) are the only fish species in Benako dam as it is the only perennial water body along the project road.
Protected areas and Ecologically Sensitive Area According District Natural resources officer there is no protected area along the project road.
Rare and endangered Species, Protected Area, The only endangered species are the pterocarpus angelonsis, alferia quanzensis and albizia vescolor. The tree species is found within the miombo woodland along and off the project road.
4.1.8 Proposed Quarry sites
The materials report identified three potential quarry sites to be used for supply of aggregates during construction. During survey it was observed that all three quarries have rocks which are partially metamorphosed and unlike the true quartzite which are holocrystalline, discrete particles can be seen throughout freshly broken rock samples and the overall texture is 62 | P a g e
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rough, with good bitumen affinity, and suitable for concrete aggregates. Table 4.3 provide the baseline information on the three quarries
Table 4.3: vegetation species along the project area Quarry Status Vegetation Distance to Distance to Important Comment Name cover nearest The ecosyste proposed m nearby settlement road
Ihigi New Miombo Three 200m offset Non Recommended Quarry Houses are woodland site near the site (about 70m) Kafua New Miombo 1km 2km Non Recommended Quarry woodland site Gwabilulu Existing Miombo 300m 50m offset Non Not- Recommended Quarry woodland as it is too close site to the project road hence it pose safety risks.
Figure 4.9: The proposed Ihigi (L) and Gwabilulu (R) quarry sites
4.1.9 Key environmental characteristics along the existing road
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Table 4.4 summarizes the main environmental characteristics dominant along the existing road. These factors form the main elements to be affected directly by the road development.
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Table 4.4: Main Environmental Characteristics along the Project road
Chainage Village/ Land Use Natural Other Important Other Topography Comments (CH.) Town Vegetation Dominant Ecological Features Vegetation Feature
0+ 000- Lusahunga Settlement, Miombo Eucalyptus Proposed Relatively flat -Houses and farms 2+400 Ihigi within the RoW Village Farming, woodland and Timber Cassava Quarry Site -New Quarry site, Plantations (2+400 (90m Two houses near and the quary site that RHS)) need to be Natural compensated and Forests removed 2+400 - Kikoma Settlement, Miombo Payne Relatively flat Houses and farms 13+000 Village (3+000 - within the RoW Farming, woodland 4+000 LHS) Timber and Banana Plantations trees and Natural Forests 13+400- Ngarambe Settlement, Miombo Banana -30+000 Mizani Undulating within the RoW 42+000 trees, LHS- Primary Village Farming, woodland - Road safety School Timber Eucalyptus, Mdalo measures near stream -31+000 school Plantations Payne, and (Seasonal, Weigh Bridge Cassava 65 | P a g e
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Chainage Village/ Land Use Natural Other Important Other Topography Comments (CH.) Town Vegetation Dominant Ecological Features Vegetation Feature Natural and there was Forests no Mango Trees water during field survey) Nyabugomb Settlement, Miombo Banana -35+500 Nyagombe Undulating/ within the RoW e Trees Farming, woodland Nyungwe Dispensary Hilly Village and Game -63+000 Reserve Natural (1.5km Ngara Forests offset) boarder Biharamlo- Kikukumbo stream (Seasonal, there was no water during 42+000- field 63+000 survey)
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Chainage Village/ Land Use Natural Other Important Other Topography Comments (CH.) Town Vegetation Dominant Ecological Features Vegetation Feature 63+000- Kasulo Settlement, -Miombo Eucalyptus -64+000 Kasulo Undulating/ measures near 77+000 Village school Farming, Woodland Trees Benako Primary Hilly Timber Dam -Houses and farms -Wooded School Plantations 30m offset (RHS) within the RoW Grassland and (from from the -68+000 - especially at Benako Natural road 66+000 to Junction to Forests (RHS) Ngara town -72+000 Benako Town
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Chainage Village/ Land Use Natural Other Important Other Topography Comments (CH.) Town Vegetation Dominant Ecological Features Vegetation Feature 77+000– Rusumo Settlement, Miombo Eucalyptus Rusumo -79+000 Undulating Road safety 92+000 Village woodland River measures near Farming, Trees, Accident school and Steep Timber Payne (91+700) Prone area slope at 85+000.
Plantations Trees, - -Houses and farms and 84+000 Gravelias within the RoW Natural Proposed especially at Forests Rusumo Centre Quarry site -Existing Quarry site (50m from very close to the the project project road road) -The last one Km is under construction now
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4.2 Socio-Economic and Cultural Environment of the project area
This part comprises of baseline data collected and analyzed during the socio-economic survey covering the project affected villages along the proposed Lusahunga – Rusumo road project. Various aspects related to socio-economic, cultural, demography, land use, etc. are presented in this section. The road covers villages of Lusahunga, Kikoma, Ngararambe, Nyabugombe, all in Biharamulo district and Kasulu and Rusumo villages of Ngara district. There are several tribes along the road with more or less similar and shared cultural traditions and customs as well as spoken languages. The tribes include Wahangaza, Wasubi, Wanyambo, Wahaya, Wasukuma, Wangoni, Wajaluo, Wajita, Wachaga and Wanyaturu. The major ones are the Wahangaza, Wanayambo, Wahaya, Waha and Wasubi. Wahangaza are the majority among all tribes and even the majority of people speak Kihangaza and Kiswahili, which is the national language. Due to close relationship and interaction and cooperation existing among tribes, there are minimal cultural differences despite the existing tribal diversity in the project area. Christianity and Islamic are the major religious groups found in the project areas. Under the Christianity, there are dominant denominations namely KKKT, Roman Catholic and Anglican. The followers of these religious groups and respective denominations cooperate and participate in different ( both informal and formal) socio-economic and development activities and villages leaders reported that religious contributed to maintain harmony and peace in their project areas and are also useful to channel information to people. The information on household socio-economic surveys is based on estimated sample. For a sample to be representative, it requires one third of the total project population, and this was not possible due to massive number of households in all affected villages. Socio-economic Impact Assessment was geared to get an overview or general impacts of the project, both positive and negative as well as communities’ concerns, ideas and suggestions for improvements. That is why interviewed households were randomly selected to represent other households. This aimed at collecting quantitative information. Besides, the SIA team applied triangulation, whereby it collected other useful information from other sources that complemented household interviews. Public consultation meetings, observation and secondary sources were helpful to obtain additional information, which contributed to give credibility to the social factors discussed in the report.
4.2.1 Population distribution in the project area
The table below contains project impacted villages along Lusahunga – Rusumo road with number of households and total population, which are disaggregated per sex. This is important because these are the people who will generally be impacted by the project in one way or the other and the directly affected persons and their properties are among this population. The table below contains both population figures and number of households per village as excerpted from Village Governments records.
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Table 4.5: Population distribution Per project Village and Number of Households
Number of Name of District Name of Village Households Total population Lusahunga 1604 6419 Kikoma 944 4,200 Ngararambe 1991 16,315 Biharamulo Nyabugombe 1726 8,630 Kasulo 9932 15,092 Ngara Rusumo 4206 7,992 TOTAL 58,648 Source: Village Government Records 2018
4.2.2 Composition of the household in the project area
Generally, households compose of different people with different sexes, ages i.e. children, youth, active and old people as well as vulnerable or special groups such widows and widowers, orphans, people with disabilities.
Figure 4.10: Number of vulnerable people per groups
It is clear that the figure above presents the composed categories of people and percentages for each category of vulnerable or special groups in the project area. Some of these people are dependants and depend on the other members of the households to earn their living.
Table 4.6: Number of vulnerable people per group per village Name of Village Vulnerable group Total number per 70 | P a g e
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village
Elderly People Widows Orphans disability with people Lusahunga Not provided Kikoma Not provided Ngararambe - - - - - Nyakahura Not provided Nyabugombe 14 62 4 91 161 Kasulo Not provided
Rusumo 67 120 76 67 330
4.2.3 Average size of the household
Project affected villages in the road project area has a total population of 58,648; this is in accordance with the statistics obtained from the village Governments records (2018). The number of people per household varies and averagely ranges from 1-3 up to 7 persons and above per household. The majority of the households have an average size of 1-3 people (2018), whereas the district profile indicates that the average household size is 5 persons (2012). This indicates a difference on household size between field findings and district profile, implying that the size declined with time whereby the average size was 4-7 in 2012 and has dropped to 1-3 in 2018. Beyond the composition of the household is the structure itself, including heading it, decision making, ownership and access to resources, and so on. The figure below depicts that 73.5% (86 respondents) of interviewed households were headed by fathers compared to 11 (9.4%) headed by mothers, while 12 (10.3%) are headed by elders of the family or households and these are likely orphans who have lost their parents. The other 8 (6.8%) households are jointly headed by both father and mother, which imply gender balance between male and female at household level. With 73.5% of male-headed households in implies that in most cases, power is vested on male which could also mean male-dominance as a result of cultural values which perpetuate such relationship through socialization.
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Figure 4.11: Head of households in the project area Source: Socio-economic survey for Lusahunga – Rusumo Road August, 2018
4.2.4 Land availability and Land tenure
The system or method of accessing and owning land differs from one household to another depending on the availability, location, leadership, affordability, etc in a given village located along the proposed road project. Findings show that three ways of obtaining land for multiple uses. The first system consists of 59% who acquired their land by purchasing from the private individuals or sellers. Purchasing is followed by inheritance from the ancestors which is 27% of the household respondents. 14% of the respondents were allocated the land by village government. The figure below provides figure and percentage for land tenure system in the project area.
Figure 4.12 Land Tenure system in the project area Source: Socio economic study 2018 In the above figure, it can be seen that many villagers has purchased the land from other owners. This is due to the fact that many are immigrants from other areas of the country and neighboring countries of Rwanda and Burundi.
4.2.5 Land use practices
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In project affected villages, land is a resource that is used for different purposes like residential, agricultural farming, grazing livestock and many others. Different crops are grown and some are found along the proposed road, more so within the right-of-way, which will be expropriated by the project. There are various recreational facilities located variously in the project affected villages or public institutions like schools especially for sports. Other places include social clubs, local clubs and bars, etc. Rusumo village has reserved an open space for future development.
4.2.6 Housing conditions and purposes along the project areas
Different building materials used by residents in constructing their houses were observed and confirmed during household interviews with potential PAPs. This implies the variation of quality of the houses and corresponding values to be associated with during valuation and eventually the amount for compensation. The study assessed materials used for floors, walls and roofing materials per each house as discussed and illustrated in the figure below. Findings revealed that most of the houses (71.2%) constructed along the road project have earth floors, whereas 22.6% of the floors of the interviewed households were made up of permanent concrete cement. The rest 6.2% percentage were floors made up of tiles. Likewise, the walls of most of the houses (56.4%) are distinctively constructed with permanent materials, i.e. 34% clay burnt bricks / blocks. Apart from burnt bricks there are other building materials used to erect walls of houses such as concrete blocks (37%), mud blocks (14%) and mud block with plaster (6%). It is obvious that the difference in number among the last three types of materials used for constructed walls is minimal and if put together, still they are less than those built up will clay burnt bricks. The remained 9% are built of reeds/stick.
Figure 4.13: Housing conditions in the project area Source: Socio-economic impact assessment study – August 2018 The roofing materials also varied accordingly among households, though the variation in number among different materials is minor. The highest number of houses is those roofed with corrugated iron sheets, which is 39.1% followed by 28.6% of houses roofed with a combination of corrugated iron sheets, thatch and plastic materials while 24.6% are houses with thatch only. Houses roofed with tiles represent 1.4% and there are other houses or
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structures with no roof at all. These (6.3%) are likely still under construction and not yet finished for roofing or have collapsed and not yet reroofed. As aforementioned, the materials used by the owners in the construction of houses greatly determine the value of the house for compensation together with other factors like the size of the house and land. There are attributed factors to use of different materials by house owners such as ability (costs), determination, prioritization, etc. Some of the houses discussed above will be affected by the road project especially those located within the RoW of 22.5m from the centerline.
4.2.7 Purposes of the building structures
The owners of the referenced houses or structures reported to use such buildings for different purposes, namely multifunctional uses, sleeping (73.5%) and some have combined residential and businesses while others are for kitchen activities within the compound. The percentages for each purpose as responded by interviewed households are illustrated in the figure plotted below.
Figure 4.14: Purposes of the building structures Source: Socio-economic impact assessment study – August 2018
4.2.8 Major economic activities
Agriculture is the mainstay of the majority of the interviewed people in the project area and the sector is therefore the major employing sector and main source of income, closely followed by other economic sectors. The agriculture employs 22 (50%) of the interviewed households, whereas 8 (18%) were engaged in small scale businesses operating along the project affected villages. The location of villages determines the kind of people’s livelihoods and this is the reason 10 (23%) of the respondents undertake both agriculture and businesses. 2 (5%) depend upon formal employment as their major sources of income in the project area, with other 1 (2%) households engaged with informal employment activities. Lastly are those 1 (2%) households who are dealing with informal employment cum agriculture. Figure 4.15 portrays the picture for the main activity.
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Generally, it is noticed that there is high diversity of major economic activities in the project area. Some of these activities are taking place within the RoW or just adjacent to it and some will be either negatively or positively impacted by the proposed road project.
Figure 4.15: Major economic activities Source: Socio-economic impact assessment- June 2014
4.2.9 Agriculture
About 90% of the population in Biharamulo and Ngara districts depends largely on agriculture for subsistence. The major crops include banana, cotton, cassava, vegetables, coffee, maize, rice, tobacco and groundnuts. Therefore, the main source of income for the majority of the population is the sale of agricultural produce.
4.2.10 Main expenditure per household
In order to capture household expenditure per annum it was imperative to obtain expenditure of the household per day which enabled to calculate the annual expenses per household.
Table 4.8: Amount of money spent per household Range of amount in Tshs. Number of respondents Percentage 100,000 – 500,000.00 23 19.7 500,000 - 1,000,000.00 60 51.3
1,000,000 and above 34 29.0 Total 117 100.0 Source: Socio-economic impact assessment study – June 2014
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As indicated in the table above, majority of the population spend between Tshs. 500,000/= and 1,000,000/= per year, which 51.3% of the interviewed households. This is equivalent to a range of Tshs 41,700/= and 83,300/= per month and Tshs 1,340/= and 2,780/= per day for the majority of the households. Within that range it means some spend less than a dollar a day, which is an indication of high level of poverty among the population in the project area. This is so for 23 (19.7%) households which expend between Tshs 100,000/= or less and Tshs 500,000/= per year. In the table, it also shows that 34 (29%) of the households spend about Tshs 1,000,000/= and above per annum. According to the district profile (2012), the per capita income of Biharamulo district is estimated to be 420,000/= per annum as it was in the year 2010.
4.2.11 Livestock keeping
According to the district profile (2012), there were a total of 207,073 livestock in the district, which comprised of cattle, goats, sheep, pigs, donkeys and poultry. This included villages along the proposed Lusahunga – Rusumo road. During the study, some villages provided statistics of livestock kept by 3 villagers as shown in the table below. Note that statistics for other villages were not availed from village governments.
Table 4.9: Types and number of livestock Village Type of livestock Total Cattle Goats Sheep Donkey Pigs Chicken Ngararambe 3,045 765 89 8 20 3,461 7,388 Nyabugombe 3,291 3,574 11 0 0 5,275 12,051 Rusumo 3,500 6,250 100 0 95 11,250 21,195 Total 9,836 10,589 200 8 115 19,986 40,634
Source: Socio-economic impact assessment study – August 2018 During the study it was also observed that in some villages there were different types of livestock were being grazed or wandering along / across the proposed road. Examples include cattle and goats in villages of Kasulo and Nyabugombe. If livestock keepers are not careful while looking after their animals, they can cause road accidents to road users (vehicles) and suggests precautions to be in place during construction and operation phases in order to avoid road accidents that could cause injuries and or deaths to innocent people.
4.2.12 Education
Regarding the level of education reached by interviewees in the project area, it was noticed that the majority i.e. 89% had reached the level of primary education, while 2% had attained
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secondary education and 9% admitted that they had never gone to school implying illiteracy level of the respondents in project areas. Every project affected village has one or more primary schools depending on factors required to establish primary school such as number of children / pupils, size of the village, etc. For example, Kasulo Ward has 7 primary schools and 2 secondary schools while Rusumo Ward has 4 primary schools and a secondary school. There are no colleges in the project area at the moment. The district profile has provided details on available education facilities district wise and the figure below shows level of education attained by different interviewed households in the project area.
Figure 4.16: Level of education attained by respondents Source: Socio-economic impact assessment study – August 2018
4.2.13 Water supply
People in the project areas access water for multiple uses from different sources of water. According to the table below, those obtaining water from protected communal pump-off the site are 31 (26.4%) respondents, while 28 (24%) households access their water from the river as their sources. Other water sources include traditional wells and domestic connection.
Table 4.10: Water sources in project areas
Type of water source Number of respondents Percentage per source River Water 21 24.0 Traditional Well 28 18.0
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Domestic Connection 23 19.6 Protected Communal Pump Off The Site 31 26.4 Protected Communal Pump On The Site 14 12.0 Total 117 100.0 Source: Socio economic study 2014 Given the above sources of water, especially traditional wells and rivers, it is important to take note on prevention or protection of water from pollution or contamination during implementation of the road project. Such preventive measures will help to prevent spread of waterborne diseases like diarrhea, which is among top ten diseases in the district.
4.2.14 Health services
In 2012, Biharamulo district had three health centres, 19 dispensaries and a private hospital offering health services to the population. There were also 2 private dispensaries out of the total mentioned facilities and since then probably new facilities have been constructed. The project areas are subjected to different diseases as mentioned by households and captured during the fieldwork. These include diseases shown in the figure below.
Figure 4.17: Type of diseases affecting household members along the project area Source: Socio-economic impact assessment study – August 2018 Malaria is leading among the mentioned diseases followed by respiratory problem and stomach problems, whereas eye infection and skin had the same lowest number of people suffered from the two diseases.
4.2.15 Sanitation facilities
Lusahunga – Rusumo road project passes through a number of rural villages and mini-town centres of Nyakahura and Kasulo. The commonly used facility by the majority of population in the project is on-site sanitation. Field findings indicate that 93% rely on on-site sanitation
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facilities that is traditional pit latrines. The remaining 7% rely on improved flash toilets. The figure describes the details.
Figure 4.18: Availability of sanitation facilities Source: Socio-economic impact assessment study – August 2018
As discussed above, the majority of the population residing along the project areas rely on traditional pit latrines as their sanitary facilities. According to the consulted village leaders, most of the pit latrines are not permanent or are semi-permanent due to the materials used to construct the latrines. This is due to a combination of factors, knowledge on the importance of having improved pit latrines and affordability or low income among community members. Very few people in the project areas possess VIP-type especially slabs with a vent. These types were said to be common in villages which hosted refugees and therefore the technology is refugee influenced and adoption is low due to cost implication. However, according to the village leaders, the technology is hygienically commendable.
4.2.16 Solid waste management
Solid wastes are predominantly disposed of by households through various methods – mainly burying, burning and throwing in the open space especially in farms. Most of the households, i.e. 65 (55.6%) dispose their refuses by burying in their compounds, and 33 (28.2%) households reported to dispose of their wastes by burning while the other 19 (16.2%) have been throwing in their farm. Indeed, throwing in the farms is unhealthy practice and should be discouraged because such wastes can eventually cause pollution and contamination to water sources.
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Figure 4.19: Methods of solid waste management Source: Socio-economic impact assessment study – June 2014
4.2.17 Communication
The villages located along the proposed project communicate through various means including private companies TTCL, VODACOM, Airtel, ZANTEL and Tigo. Network is available in many places with exception of some few places, which experience weak, or no signals and therefore causing poor communication, which affect smooth communication with outsiders. People in the project area travel by using different means of transport such as min-buses, private cars (taxis), bicycles and motorcycles commonly known as bodaboda. Buses are only transporting for long trips like Ngara to Mwanza and Dar es Salaam. Short trips, that is within the district, people chiefly rely on min-buses, taxis and public motorcycles. The min-buses are plying between Kahama and Ngara and the charge ranges between 12,000/= and 15,000/= per travel. The fair from point to another destination is negotiable especially for bodaboda. For example, from Ngara to Kasulo the passenger is charged Tshs 3,000/= using taxis which carried 4 – 5 passengers at a go while bodaboda charges Tshs 5,000 – 7,000/= per passenger. Similar charges apply for Kasulo to Rusumo border between Tanzania and Rwanda.
4.2.18 Sources of energy
Different households rely upon different sources of energy for cooking, lighting and or other uses as reported from villages located in the project areas. Firewood dominates as the major source of energy in the households, which is represented by 44% of the interviewed households. Charcoal is used by 23% and firewood cum charcoal 28% was named by households as their dependable source of energy for their homes.
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Figure 4.20: Sources of energy for cooking
The commonly used and outstanding sources of energy mentioned by households were firewood and charcoal, mainly for cooking. Heavily dependence on firewood and charcoal requires control measures because of deforestation and degradation of environment. With regard to sources of energy, people complained of expensiveness of kerosene, occasional unreliability of electricity and short supply of firewood in small towns. For lighting purposes majority of the respondents about 37% rely on battery lamp followed by battery lamp cum solar about 23%. The least number of respondents use electricity about 2% as presented in the figure below.
Figure 4.21: Sources of energy for lighting
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4.2.19 Gender issues in the project area
Male dominance is still prevailing due to traditions and customs which are perpetuated through socialization and culture, where patriarchal system is dominant. Gender imbalance is manifested ownership of properties / assets such as land, houses, heading of the families, which has an impact in terms of decision making and leadership. It was also found out that division of labour is based on gender as well as age, whereby women are overburden by household chores as well farming activities. During public consultations, past experience was given that some irresponsible men disappeared with money after compensation leaving behind their wives and children suffering without any support. During consultations it was revealed that gender inequality still persists among all tribes due to cultural elements which perpetuate the male dominance system along the project areas. The existing prohibitive traditions and customs tend to favour men and this is passed from generation to another through socialization. However, due to gender sensitization programs to transform the societies, which are conducted by the district council and its collaborators like CSOs, positive changes are taking place though at a slow pace. It is at this juncture that gender issues must be taken into account during implementation of this project, particularly during compensation and offering of job opportunities to both men and women during construction activities. It was noted that some of the women are denied of their rights, deprived of the right to own resources / assets like land and houses and are disempowered in terms of making decisions. There are few cases where some men want to inherit women after death of their husbands and when women resist it ends up into conflicts. The motive behind inheritance of women is basically driven by resources. Gender imbalance among some families has implication on the implementation of the project especially in relation to compensation, whereby some women might end up losing their rights over their joint properties for the case of irresponsible men or husbands. However, the council has been conducting a number of program at village, ward and district levels aimed at awareness creation, correction of gender related adverse custom, norms and values. Awareness creation emphasis on people’s rights, gender equity, reviews of bye -laws and interpretation of regulations governing gender issues as well as mainstreaming gender issues in council development plans. It has been learnt that changes are taking place because of the efforts been taken by the government and CSOs to sensitize communities on gender equality and empowerment of women in leadership, economic activities, ownership of properties, etc.
4.2.20 HIV and AIDS situation
Out of the six diseases mentioned as affecting households, HIV & AIDS epidemic is among the diseases which was mentioned by 2 (1.7%) out of 117 households. Kagera region has a HIV prevalence rate of 4.8% (THMIS 2012), which has increased from the previous prevalence rate of 3.4% (THMIS 2007/8). The national prevalence rate is 5.1% (THMIS 2012). During public consultative meetings it was noted that people are aware about the problem of HIV and AIDS epidemic, though some pointed out that they missed
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comprehensive knowledge about the pandemic. Statistics on the HIV infections and other services provided within the district are well presented in the district profile.
Factors attributed to the spread of new HIV infections were stated during consultation meetings, which comprised of unfaithfulness among partners, low income / poverty versus wealth, resistance to test health status among the population, ignorance, excessive alcohol taking, careless, negligence and unsafe sexes. Parking centres of trucks crossing the borders (Rusumo and Kabanga) were cited as areas where spread of HIV infections takes place due to interactions of different people with different behavior and characteristics.
4.2.21 Amount of water consumed by households
The amount of water consumed by each household is dictated by several factors and therefore the amount varies from a household to another depending on availability, distance to and from the source, size of the family and uses. Of all interviewed households (38.5%) of the households use 3-4 buckets per day, while (33.3%) consumed 4 or more buckets of 20 litres per day. Again, 17.1% use 1-2 buckets per day and yet there are those 11.1% who consumed less than a bucket per day.
Given, different sources including rivers, it is important to caution that construction activities should avoid polluting water and contaminating sources of water (traditional wells, river) because this will affect users and apart from dirtiness, it may also cause spread of waterborne diseases.
Figure 4.22: Amount of water consumed by household per day
The amount of water consumed by households helps us to understand its relationship with time spent in obtaining water, costs incurred by household where water is bought, distance covered for those travelling to fetch from the sources. This is important because in areas with scarcity of water especially during dry period, residents invest a lot of time and energy in searching water instead of engaging in other socio-economic activities or income generation activities. 4.2.22 Aspiration and attitude towards the project
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The objectives of rehabilitating the proposed Lusahunga - Rusumo road (92 Km) were clearly understood by communities as manifested through their participation. As such, the project is therefore generally perceived with positive attitudes, supported government efforts and accepted by the communities in all villages and by various consulted stakeholders. This was clear through household questionnaire interviews and other sources and through consultation meetings where communities fully participated to express their, ideas, views, concerns, and suggestions for improvements as discussed in chapter Five. The proposed road for rehabilitation is already a tarmac and people have past experience on the same project during its implementation. This explains and reflects some of the raised concerns, project impacts, both positive and negative associated by the project. The outstanding concern was centred on unfairly and untimely compensation to project -affected- persons based on their past experience, suggesting to TANROADS / government to review its approach, correct and improve its implementation for this project for the benefit of all, including potential PAPs. Moreover, another concern was the tendency of contractors to abandon utilized borrow areas without restoration after completion of the project.
4.2.23 Cultural/Historical Properties In the project area, there is no documented physical cultural properties (PCPs) observed or reported during the socio-economic survey. However, if they are found/discovered during project implementation, they shall be documented and preserved in accordance with the Tanzanian law and the WB. OP/ BP 4.11.
5.0 STAKEHOLDER CONSULTATIONS AND PUBLIC INVOLVEMENT
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5.1 Introduction
Identification of the relevant stakeholders as well as conducting public consultation was main aspect of ESIA study. Public consultation was one of the ways of obtaining relevant information related to the study. Public consultation helped in identifying the issues and concerns related to the project. The consultations were done mainly to technocrats in Ngara District Council, Biharamulo District Council, as well as TANROADS (Kagera Regional office). Public consultative meetings in the villages were conducted to probe for the social implications of the project.
5.2 Stakeholders Identification
Before conducting ESIA, letters were sent to the TANROADS (Kagera Regional office), Ngara District Commissioners, and Ngara and Biharamulo District Executive Directors. These letters were sent during scoping study. Apart from giving the project information in brief, the client requested the above-named government leaders to inform their respective Village Executive Officers about initiation of the project activities. Various CSOs collaborate with the district authority to operate and support development activities through community involvement in the district for the benefit of the communities in the villages including those under the proposed road project. Sited examples include CSOs like OXFARM, CONCERN, HESAWA, Faith Based Organizations (FBOs) etc. Different projects are being implemented in different villages by different NGOs and projects encompass water supply, environmental conservation (e.g. REBESO at Kasulo), gender empowerment / capacity building. For example, Rusumo village has gravity water supply scheme which was supported by OXFARM in collaboration with the district council of Ngara. Most of these NGOs are based at the district but operate in villages and it is of no doubt that with the present road rehabilitation project, NGOs will play a crucial role to support implementation of some of the project activities like capacity building, sensitization / education on prevention of new HIV infections, etc. An inventory of the CSOs and their areas of operations or focus can be obtained in both district of Ngara and Biharamulo. Private sector was equally considered during consultations with stakeholders because of its importance and socio-economic benefits associated with improved road. The invitation to public consultation meetings per each village targeted all groups and during the moderation of the meetings all sectors were covered, like transportation, businesses, farmers, vulnerable groups, etc. These are reflected in the summary tables on public consultations.
5.3 Public Consultation process
In compliance to the requirements of the regulations, the consulting team conducted first Public Consultation in 2014 during the preparation of the initial assessment and the second consultations were conducted in 2018 during updating of the ESIA to specific key stakeholders including TANROADS, Regional Administration, Districts Administration, Ward leaders and Community members along the project corridor.
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The main aim of the consultation process as elaborated in the introductory part was to inform people about the proposed project and incorporate the views of stakeholders in the design of the mitigation measures, Environmental and Social Management Plan (ESMP) and Resettlement Action Plan (RAP). The specific aims of the consultation process were to: Increase long term project sustainability and ownership; Reduce problems of institutional coordination; Provide precise information about the project to the communities along the proposed road; Obtain the main concerns and perceptions of the population and their representatives regarding the road project; Obtain opinions and suggestions directly from the affected communities on their preferred mitigation measures; and Identify local leaders with whom further dialogue can be continued in subsequent stages of the project.
Therefore, the aim of conducting public consultation in ESIA process is to gather information needed to complete the assessment. Consultations were carried out to mainly District and Local authorities and communities along the proposed project route. Fundamentally these consultations intended to disseminate project information and to collect feedback regarding the project. Also, they intended to collect information regarding sources of livelihood, living standards, and views and perceptions of stakeholders regarding the project. The modes of consultation that were applied during the survey include the following; - Direct, personal interviews with selected informants, (e.g. DC, DED, TD, MD. Planners, Education Officers, Livestock Development Officers, Agricultural Extension Officers, Community Development Officers, Water Engineers and District Engineers Meetings with Local Government authorities and villagers (Lusahunga, Ngarambe, Nyabugombe, Kasulo and Rusumo). Characteristically, the Agenda for these consultations included; Presenting the Project: Presenting the proposed road (using maps); Defining the Regional/District institutional framework; Discussing the previous experience along the road corridor with respect to compensation eligibility criteria and entitlement packages; Obtaining from the authorities their socio-economic concerns and perceptions regarding the proposed road ; and Discuss the role of the authorities in public information dissemination, monitoring and management plan
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5.4 Issues Raised in the Consultative Meetings
The table below constitutes a wide range of issues raised by stakeholders during interviews community members during public consultation meetings.
Table 5.1: Negative Issues raised during public consultative meetings S/N Village / Type of issue Explanation on the issue / Concern per Institution village - Negative 1 Regional level Selection and There have been complaints from communities (RAS) collection sites that contractors collect materials (sand, of building quarries, stones, etc) from individual land without materials compensating owners of such sites. This practice should be looked at by responsible authorities wherever necessary be corrected. Diversions During construction, contractors construct During temporary diversions which pass through construction individuals’ farms, residential or plots. People claim that normally, they get no compensation, despite of destruction of their farms or crops therein. Affected persons should be compensated on such losses. 2 Biharamulo Occurrence of Road bumps, marking and road signs should be District road accidents put in schools and the village center. The sharp Council corners in the existing roads should be minimized or removed to have a distance and open view for users Open borrow Experience shows that when contractors are pits through with construction they leave without refilling the borrow pits. The open borrow pits shall be refilled and planted with trees to restore the environments. Delay in It is common that project-affected-persons are compensating not paid timely, there is always delay and if affected people delayed no additional amount is added or no interest rate based on fixed commercial rate is calculated to pay PAPs, which is unfair to them. The law states that compensation has to be effected 6 months after approval and that upon delay extra money has to be paid to the affected people. However, additional funds are not being provided as per law and people end up losing
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their rights
HIV infection It happens that some project give pregnancies to And AIDS local women where campsites are located close pandemic to community residential areas. It is good to provide HIV and AIDS preventive education to project staff. The billboards, awareness materials and condoms should be distributed during project implementation Air Pollution There is expected air pollution especially fine dust during construction and in the diversion roads. Watering should be done frequently to suppress dust as there are many complains from the past projects Occupational Workers has to put on personal protective gears and safety of especially hard mats, gloves, boots, dust mask, workers reflectors etc. to avoid occupational injuries Solid waste There is a lot of solid wastes that are always management produced by the project construction activities. These wastes has to be collected and transported for disposal to the approved dumpsites (Nyarubungo dump site) in Biharamulo. Littering along the project should be avoided. Destructions of There are a number of shallow wells along the water sources project road which may be disturbed during construction. Whenever disturbed it has to be compensated. Generally, all disturbed water infrastructures should be maintained the soonest. On the natural The region has the history of occurrence of calamities like earthquakes, the design of the road should take earth quakes into consideration this issue Unwanted It is well known that the workers move to site pregnancies without their partners. This may lead for them to have unfaithful relation with the residents especially school girls that may result to unwanted pregnancies. TANROADS should see a way to combat this like providing awareness in the schools
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Denied access It has been observed in other projects of the to public same nature that the access road to the public services areas services are destructed without reconstruction. and individuals This project should make sure that access is provided to the community Lack of areas The project should provide enough service ducts for the for the infrastructures that crosses the road like infrastructures water pipes. that cross the road
3 Ngara District Resettlement Valuation of properties should involve the district and authorities because they are aware of the Council ownership of land Compensation There is also a problem of over expectation on compensation as some people were compensated directly by the word bank for the Rusumo power station project. People should be educated on the procedures of valuation exercise. The village leaders should be involved at every stage of the project Conflict of Laws The Urban planning act of 2007 specify that all highways that connect two countries should have 70m RoW, while Road Act of 2007 require all trunk roads to have 60m width. This is a conflict. Consultation There are some big projects such as Rusumo with other big water falls project which is taking place right now projects and they are expecting to lie some of the pipes along the proposed area. Proper consultation should be done so that they may not interfere with the construction activities. Filling of the pot The condition of the road is worse as it has a lot holes along the of pot hoses that are source of majority of existing road accidents that are occurring along this road. TANROADS should continue to maintain the road while waiting for major construction
4 Villages: Valuation Villagers wanted the owner to be present during exercise the valuation instead of being represented by a Rusumo tenant or any person in order to monitor and control the possibility of con man to take chance of the owner
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Fairness: For example, Ahmed Francis used the reference of one of the past projects which he said it compensated the assets less than the expected value. Thus he proposed and requested the valuers engaged in valuation of assets to be fair. In most cases, development projects bring new people or workers to the villages or project areas and some of whom left their wives in their back home. In due course and as time goes on some men get into unlawful sexual relationships with some women including wives of villagers which in HIV new turn mar the image of the contractor and infections contribute to the spread of new HIV infections. Unwanted pregnancies and unplanned children are likely to be born, this becomes the problem of the village, since after the project the employees leave without any considerations to the babies Unwanted and children born during the project pregnancies implementation. Sometimes project workers tend to pollute the environments by defecating in bushes due to lack Environmental of sanitation facilities and hence jeopardize the pollution health of the people around or down streams.
Environmental During the construction of the road in the past, and heavy equipment and machinery caused cracks to the people’s houses at Rusumo and it became Properties expensive to make refurbishment of the affected destruction houses and as a tendency the contractor leave with heavy without compensation, which is dangerous to the equipment owners.
Local The government is not taking consideration when community’s it comes to the issue of priorities e.g. they brought parking project while people would like to Priorities versus have social services like market, schools and government health centers. This is community’s perception ones on prioritization of development projects. Employment Employments are given to foreigners and not the people of opportunities Along the project area. This has been experience in many projects. At least project should give priority to our youth who have no employment. Pedestrian Our center has many people. There is no crossing pedestrian crossing that sometimes lead to
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crossings at the village centers
Proper location It has been observed in other projects that the of Bus bays bus bays are provided at proper location where people like to catch a daladala. This project should consider provision of enough bus bays at proper location 5 Nyabugombe Delayed Valuation of properties for this project has been compensation conducted twice but to date no compensation has been done. The government should expedite compensation process so we can relocate to give a way for the project Illness caused The project will be associated with a lot of dust by the project that may result to different diseases such as TB. impacts TANROADS should device a mechanism to help people who became ill because of the project Stockpiling of It has been a tendency that contractors are spoil in the stockpiling spoil material anywhere along the individual land project area. Proper consultation should be done without to land owner and possibly compensation before compensation starting stockpiling 6 Kikoma Gender Most of the time women are discriminated in discrimination in employment. Most of the time men are the one employment who get employed by infrastructure projects. The project should see into this. Women should be given priority during recruitment Family Most of the time men used to leave their families separation as a for other women when they get money. The result of the project should see how to help women who are project left by their husbands so that that they can be able to feed their families Non Sometimes in the course of the project, it may be compensation of that the borrow area has no access thus the the roads to contractor open a road in the residents fields borrow areas without compensation. Negotiation with the owners and compensation should be done in case the contractor opens an access road to the material borrow area. Lack of The existing road has no special lane for pedestrian lane pedestrians and other road users rather than in most of the vehicle. The design of the project should consider road providing the separate lane for pedestrians for safety purposes
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7 Nyakahura Mushrooming of Due to economic activities that are taking place in many new the project area, there is mushrooming of new centers centers. The design should consider those center as they may have not been there during the design Cracking of Sometimes cracks may appear in the houses houses as a near the road as a result of vibrations from the result of compacting machines. The contractor should compaction in compensate whenever such impact occur the constriction road Inadequate The contractors used to consult middle men in compensation in acquisition of the borrow areas as a result the the borrow land owner end up getting small amount of areas money and the middle men gets most of it. The contractors should use proper channel in acquisition of land. Corruption for It has been observed in other projects that employment someone should give corruption in order to get employment in the projects. Employment process should be transparent so that those who have qualification can get employed without corruption 8 Kasulo Increased crime The project will involve many people from different areas. It is anticipated that crime can increase in our area being a biggest center in the project road. The authorities should make sure that anyone who come in for the project is recognized Theft by the It has been observed in other projects that some contractor’s of the unfaithful employees used to steal fuel, employees cement, oil and other materials from the contractor and sell them to the community. The authorities should control this
Table 5.2: Positive Issues raised during public consultative meetings All villages Issue Explanation 1 Lusahunga, Rate of accident Accident will be minimized Nyabugombe,
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Ngararambe / Condition of the Contribution and reconstruction of the road will road reduce potholes and hence easy transportation Nyakahura, of passengers and goods. Kasulo and Generally, the road brings development in all Rusumo places where it passes and villages along the proposed road will be stimulated economically The expansion of the road will enable easy transportation of the commodities and passengers to and from Nyabugombe village as one of the positive impact of the expansion of the roads. Valuation and If valuation is done properly then people will benefit from that income. compensation Transportation Easy to transport commodities / Transport will be improved Local employment Local people from BENAKO will get employment Creation of employment opportunities to the youths and so communities requested the contactors to post the vacancies to the notice board Income generation Income will increase will increase to the local people of BENACO / Kasulo village. Villagers will benefit by selling items to the employees of the contractors and also contractors hire readily available human resources from the village. 2 Regional level Impetus to Rehabilitation of the road is pretty idea and is / development welcome because it is an impetus to development of the country, contributes to RAS office economic growth and social development Multiple projects The road improvement will accelerate the development of other on-going project in the region. These include Hydro-electric power project at Rusumo, Kabanga Nikel-2018 and One Border Post and other projects Transport for For students who stay far from their schools, students better transport will easy their movements / travelling to and from schools Transportation of With improved road, transportation of school school facilities goods like books and furniture will be quick and safe.
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5.5 Raised questions and responses
Apart from concerns, views and suggestions during the public consultative meetings, a number of questions were raised by communities in order to get further clarification as per table below.
Table 5.3: Raised questions and responses
S/N Village/ Question/issue/concern Answers/Responses Institutions
1 Lusahunga Is the valuation already done or not? Valuation has already be done and all affected people are known
If the land was used before by the If that land has already been contractor and it happen that area will be compensated before will not be needed by contractor for the construction compensated again. activities on this project, will the owner of Compensation is done once the land be compensated?
Instead of employ people from other place, The project will give priority to the priority should be given to the people people along the proposed from Lusahunga. project but does not deny the right of other Tanzanians to be employed by the project
During construction contractor should use Most of the asphalt from the the removed bitumen and reuse on existing road will be milled and maintenance of the parking area and reused. However, the excess can market area. be used for the requested purpose
Contractor should also put Zebra crossing Noted and the design has sign and put access road to all roads direct incorporated it to the institutional.
Contractor should locate ponds for The contractor may leave some livestock use borrow pits or water reservoir for feeding livestock or other uses but is upon being requested officially
The valuer engaged on Compensation Noted. Valuation is done in should be fair where by the estimated accordance to the county laws. value should be equal to the affected Everyone will be compensated asset. as required by the law
If the house is demolished on only one The whole house will be part will it be compensated by part or the compensated
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whole house
We have water shortage in our area The study has identified different especial during sun , where will the streams, rivers and one pond contractor expect to get water along the project to be used for construction. The contractor also may drill the boreholes if it is noted that water is not sufficient
Forms which we use to fill for the valuation Yes. But the valuation forms are has been written in English don’t you think written in Swahili. The only form it is the problem to a person who don’t which is written in English here is understand this language. the questionnaires for socio economic survey
If borrow pit area is owned by the village The village government is the ne who will be paid to be compensated
Compensation period is within 90 days, if a Before compensation there will be person did not satisfy, how do you do to an exercise of forming Grievance reach the claims Redress Committees. These committees will be responsible for compensation claims
4 Nyamagala- Employment opportunities should be Noted and will be implemented Kikoma given to the people along the proposed road
What does a person who is in road reserve According to this project a person entitled to be compensated in the road reserve is entitled compensation of the developments he has done. Eg crops and buildings. The land will not be compensated
How will the government help us on the During the implementation of the impacts for diseases project there will be the NGO who will be responsible for providing awareness for HIV/AIDS and TB.
How will you help natural habitats during There will be no unnecessary construction period vegetation clearance. Basically the road will maintain the existing alignment in most of the sections.
Will the compensation done before or after Compensation is always done the construction before construction
Will trees and crops be compensated Definitely, Yes
The land which have not developed will it The land will be compensated if is be compensated out of the road reserve of 22.5m each side of the road
5 Busiri If the building has both green and red x will It will depend which side is it be compensated affected more by the project. If is red section will be compensated in this project. Note; compensation is done for the 95 | P a g e
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whole house
If I had a land and sell to another person Everyone will be compensated and he built on that area, who will be what he/she owns compensated.
On the issue of employment opportunity, The project will give employment the contractor may come with its people priority to the community along how will you help us to get the priority on the project road but this does not this deny the right of other Tanzanians to have job in the project. We just urge you to be proactive to respond on the job advertisement as soon as they are announced
6 Ngararambe We propose that before compensation Noted; will be taken to the you look for the possibility of finding authorities financial institution to educate people on the use of money
For water source, the contractor should Noted allocate water source which can be used by the society after the end of the project
Camp site should be constructed in There are two types of camps, the permanent structure whereby those contractor’s and the consulting structures will later be use by the engineer’s cam. The latter is Government. always permanent and they are the government buildings but the contractor’s camp is most of the time temporary
After being compensated we have to wait According to the law you are for how long before shifting supposed to relocate within 90 days from the day you receive your compensation
8 DED Ngara People who built in road reserved will they Yes be compensated?
Concerning HIV Issue, usually we only That is also done in line with see the billboards we suggest that, people awareness should also be given condoms which will help them whenever they need to have sex
Does Rusumo bridges followed East Africa definitely Standard
Will compensation process follow the WB Compensation will be done in line guidelines or Tanzania Guidelines with the country laws
9 Nyantama- Road have a lot of dust where should we The Grievance redress Nyabugombe send our complains mechanism will be formed to
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govern all grievances associated with the project. All grievances including dust will be channeled through a grievance redress mechanism that will be established at the beginning of the project
We have a problem of poor social services Through your good relation with in our village, how will this project help us the contractor he may help you as part of Corporate Social Responsibilities
Will the graves be compensated During the site assessment no graves were identified within the 45m RoW. In the event it has been encountered by chance, Graves (Removal) Act, (1969), the Antiquities Act of 1964 and the Antiquities Rules of 1991 shall be adhered to.
10 Nyabugombe When exactly will the payments be Compensation will be issued after -Chamakaza effected so we can demolish our signing of the valuation reports by buildings? the Chief Government Valuer
Spoil materials collected in the individual Yes land, will the owner of the area be compensated?
11 Kasulo- Why you compensate 22.5m and not 30m We just need construction Rwakalemer corridor. The 22,5 is enough for a this rehabilitation
If diversion pass to my land shall I be Yes. Any land used by the compensated contractor will be compensated
5.6 Conclusion
Consultations with key stakeholders and public involvement were undertaken as in order to obtain views and concerns of the local community on the project. The project involve rehabilitation of the existing tarmac road and expansion of the same. A combination of methods which complemented each other was used to obtain different relevant information for the project. Various stakeholders were identified and consulted and these comprised of private sector, CSOs, government agencies / institutions at different levels and communities in respective villages where public meetings were conducted. Roles of stakeholders were identified and their possible involvement in undertaking some project interventions, such as capacity building (HIV and AIDS interventions, etc), information dissemination to people, etc
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Through collected and analyzed information especially public and other consultative meetings with stakeholders, the expert succeeded to obtain different concerns, constructive views and or opinions from stakeholders as well as meaningful suggestions for successful implementation of the project. The communities were able to raise questions and challenges that are associated with development projects based on the past experiences, including implementation of the existing road projects, whereby communities showed dissatisfaction on compensation, inadequacy involvement, ignorance or policies and Acts related to road projects, contradiction between government agencies due to weak coordination and cooperation, issues on spread and prevention of HIV infections, according high priority to local people in case of employment opportunities, etc. This was clearly the case for the Lusahunga – Rusumo road road project. A number of recommendations have been provided by stakeholders and communities addressing various aspects, which are included in this report for consideration by the responsible authorities. The crucial concern and sensitive issue that almost dominated all public consultative meetings in villages and even among some government agencies were matters related to valuation of properties and compensation. People especially those who will be negatively affected insisted upon transparency and participation of the PAPs during the whole process, fairness and immediate compensation for the PAPs. Overall, stakeholder consultations and public involvement were successfully conducted and intended objectives were met as collected information will be incorporated into the project document for further improvement. Greatly stakeholder consultations and public involvement contributed to disseminated project information and clarified issues and questions raised by communities and other stakeholders. Communities appreciated their involvement as a fundamental and recommended TANROADS to continue with this approach. The project was commendable and accepted by the stakeholders as beneficial to their socio-economic development and the country as a whole. The main remark was for the government to ensure that the projects are timely implemented and potential PAPs are fairly compensated to avoid worsening their living conditions as a result of the projects compared to their conditions before projects interventions.
6.0 ASSESSMENT OF IMPACTS AND IDENTIFICATION OF ALTERNATIVES 6.1 Spatial, Institutional and Temporal boundaries 6.1.1 Spatial Boundaries
The spatial dimension encompasses the geographical spread of the impacts regardless of whether they are short term or long term. The spatial scale considers the receptor environmental component and can be local or broader. Three zones of Impact were defined in chapter four. These include;
i. Direct Impact Zone (DIZ): This is the Right of Way of the project road which includes 30m from the centerline (60m in total), borrow pits, quarry sites, campsites etc.;
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ii. Immediate Impact Zone (IIZ): These are immediate surrounding areas about 500m on both side of the road (villages along the road); iii. Area of Influence (AI): This includes the wider geographical areas that are influenced by this project (e.g. Biharamulo and Ngara Districts, Kagera region).
6.1.2 Institutional Boundaries
From an institutional point of view, TANROADS has the responsibility of maintaining and developing the Lusahunga - Rusumo road, the project road is under the jurisdiction of the TANROADS Regional Manager, Kagera Region. The road construction works will be handled by TANROADS HQ while TANROADS Regional Office in Kagera will handle the operation and maintenance of the Project road.
6.1.3 Temporal Boundaries
Temporal boundaries refer to the lifespan and reversibility of impacts. For example, the impact of construction work for the project may be short-lived, but the presence of these infrastructure may have implications that stretch far into the future. Therefore, some of the impacts that may occur during construction, e.g. noise caused by bulldozers will disappear as soon as the construction phase will be completed. The construction period will last for not more than 3 years while the operational phase is designed for 20 years unless unforeseen event occur.
6.2 Impact Identification
The impacts are categorized into Pre-Construction phase impacts, Construction phase impacts and Operational phase impacts. The main receptors of impacts associated with the anticipated rehabilitation include physical resources (hydrology, surface water quality, soils, air quality and noise); ecological resources (vegetation); material assets, public health and safety, aesthetics and landscape.
The following impacts were identified to be likely to occur during pre-construction phase;
• Job creation and increased income • Land expropriation, loss of property and resettlement The following impacts were identified to be likely to occur during construction phase; • Job creation and increased income • Destruction of public utilities • Soil erosion and instability of slopes
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• Risk Water and Land Pollution • Increased noise, vibration and air pollution • Occupational Safety and health risks • Increase road accidents • Increased Waste • Increased Water Abstraction • Loss of Definite Materials and Land Degradation • Loss of Vegetation • Child Labour • Increased HIV/AIDS • Population Influx • Gender Based Violence / Sexual Exploitation and Abuse (GBV/SEA) • Visual Intrusion during Construction • Dangers of Borrow Pits and quarry sites
The following impacts were identified to be likely to occur during operational phase; • Easy transport and transportation of goods • Economic growth and trade • Creation of job opportunities during construction phase • Easy access to and expansion of the markets • Increase of prices for goods • Reduced travelling time • Reduced operation and maintenance costs • Reduction of road accidents • Campsites after decommissioning of the project • Interference to local hydrology • Increased Rates of Natural Resources Exploitation
The interaction between the intended project activities and the different environmental receptors are summarized in a simplified matrix presented in Table 6.1.
6.3 Impact Rating
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Taking into account the criteria stated in methodology section (1.5), A simple matrix with the following ratings was used to determine significance of the identified impacts stated in section 6.2 above:
+3 Very high positive impacts +2 High positive impacts +1 Minor positive impact 0 No impacts -1 Minor negative impact -2 High negative impacts -3 Very high negative impacts
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Table 6.1: Environmental and Social Impacts Matrix for the Lusahunga - Rusumo Road Impact Rating Criteria Impact Significance Rating
S/N Environmental parameters/Impacts Spatial Temporal Revers Cumula Residual Mobiliza Construc Demobiliz Operation and Scale Scale ibility tive Impact tion tion ation Maintenance Effects Phase Phase Phase Negative Impacts
Land expropriation , loss of property 1. and resettlement L ST R -3 -2 0 0 2. Destruction of public utilities L ST R -1 -2 0 0 3. Soil erosion and instability of slopes L ST R 0 -2 -1 0 4. Risk Water and Land Pollution L ST R -1 -2 -1 -1
Increased noise, vibration and air 5. pollution L MT R -1 -2 -1 -1 6. Occupational Safety and health risks L ST R -1 -2 0 +1 7. Road accidents L MT R -1 -2 -1 +2 8. Increased water abstraction L ST R -1 -2 -1 0 9. Increased Waste L ST R -1 -2 -1 -1
Interference to local hydrology L LT R 0 -1 0 -2 10. (Flooding) 11. Loss of Scenic Quality R LT IR -1 -2 -1 -1 12. Loss of Vegetation R LT R -1 -2 0 0
Loss of Definite Materials and Land 13. Degradation L ST IR -1 -2 -1 -1
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14. Increased HIV/AIDS R LT IR -1 -2 0 0 Increased Rates of Natural 15. Resources Exploitation R LT R 0 0 0 -2 16. Population Influx L ST R -1 -1 -1 -1 17. Visual Intrusion during Construction L ST R -1 -1 -1 0 18. Increased Accidents L MT R -1 -1 -1 -1 19. Dangers of Borrow Pits L ST R -1 -1 -1 -1 20 Gender Based Violence / Sexual L MT R 0 -1 0 Exploitation and Abuse (GBV/SEA) -1
21 Violation of children rights by L MT R 0 -1 0 contractor and Child labor force on -1 site. Positive Impacts 1 Employment Opportunities R LT +2 +3 +1 +2 2 Easy transport and transportation of N LT 0 0 0 goods +3 3 Economic growth and trade R LT 0 0 0 +3
4 Easy access to and expansion of the R LT 0 0 0 markets +3 5 Increase of prices for goods L LT 0 0 0 +3 6 Reduced travelling time L LT 0 0 0 +3 7 Reduced operation and maintenance L LT 0 0 0 costs +3
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8.0 Campsites after decommissioning of L LT 0 0 0 the project +3
Key: Spatial Scale: Local (L), Regional (R), National (N) Temporal Scale: Short Term (ST), Medium Term (MT), Long Term (LT) Reversibility: Reversible (R), Irreversible (IR) Significance: Highly Adverse (- 3);, Adverse (-2) ; Mild Adverse (-1); No impact (0); Mild Beneficial (+1); Beneficial (+2); highly Beneficial (+3);
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The team focused on significant positive and negative impacts that were rated +2, +3, -2, -3 and developed mitigation measures and ESMP for them.
The following significant impacts were predicted to be likely to occur during pre-construction phase; • Job creation and increased income The following significant impacts were predicted to be likely to occur during construction phase; • Job creation and increased income • Destruction of public utilities • Soil erosion and instability of slopes • Risk Water and Land Pollution • Increased noise, vibration and air pollution • Occupational Safety and health risks • Increase road accidents • Increased Waste • Loss of Scenic Quality • Loss of Vegetation
The following significant impacts were predicted to be likely to occur during operational phase; • Easy transport and transportation of goods • Economic growth and trade • Creation of job opportunities during construction phase • Easy access to and expansion of the markets • Increase of prices for goods • Reduced travelling time • Reduced operation and maintenance costs • Reduction of road accidents • Campsites after decommissioning of the project • Interference to local hydrology • Increased Rates of Natural Resources Exploitation In the next sections, significant impacts (positive and negative) associated with each phase of the project are discussed or evaluated.
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6.4 Pre- Construction Phase
Positive impacts
6.4.1 Job Creation and Increased Income to Local Communities
During this phase people shall be employed by the contractor to do mobilization works such as construction of camp sites, quarrying and material extraction and transportation activities etc. About 80 people shall be employed during this phase. This shall increase the income to all those who have the opportunity to be employed by the contractor.
Negative Impacts 6.4.2 Land expropriation, loss of property and resettlement
The big cry for the majority of consulted communities was loss of their houses and other structures within the right-of-way, especially those within 7.5m on both sides of the road. These buildings will either be partially or fully affected by the road depending on the level of impact from the centreline. Besides, even those within 22.5m complained that it was unwise for the government to evict them as illegal occupants without compensation.
The use of land for road construction or improvement may entail the voluntary sale or compulsory acquisition (expropriation) of homes, property, businesses, farms and other productive resources. In Tanzania expropriation method is common, which by its nature causes social disruption and economic loss for the affected individuals and their families. The impacts of expropriation are not only social and economic, but also psychological and in most cases complex or devastating. A participatory approach and dialogues to solving such issues have proved fruitful in previous road development projects in Tanzania. The construction would most likely involve among other things, demolition of people’s houses and business premises affecting all communities along the project road. The risk of compulsory resettlement is however not very high since most of the people who will be affected know that they will be relocated if the improvement of the road is to take place. They also know and agree that they will be compensated and relocate to the nearby area to give way to the rehabilitation of the road.
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Figure 6.1: Houses very close to the project road at Lusahunga
Apart from buildings, some of the cultivated farms and forest resources (Banana, Pine and Eucalyptus plantations) will be affected. Compensation for lost property (farm or building) is an important issue that should not be underestimated. During consultations with the communities and district authorities/leaders, it was very clear that compensation must be made prior to implementation of the project. Failure of implementing the compensation plan can result into social friction with local communities that can cause delay in construction schedule. The number of affected properties has been presented in Section 2.4.
Figure 6.2: Banana farm within the RoW
6.5 Construction Phase Impacts Positive impacts
6.5.1 Job Creation and Increased Income to Local Communities
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Rehabilitation of the project road in the project area is among the strategies for rural poverty alleviation. The improved roads will open more opportunities for self-employment income generating activities. A family with sufficient and regular income is more likely to afford paying the costs of education and health services for its members apart from getting enough food to eat. Most of the casual labourers and some skilled workforce will be absorbed from within the Biharamulo and Ngara Districts. The Project is expected to employ more than 200 casual labourers from nearby villages. In addition, the local people will be selling food and other merchandise to the construction workforce. The utilization of local workmanship will take place for the activities that do not require a high specialization, and in any case there will be diffusion of knowhow from the more qualified personnel towards the local personnel.
Negative Impacts
6.5.2 Destruction of Public Utilities
Water supply networks are expected to be affected by the project since some of them are located close to the project road. This shall cause disruption of services during construction caused by construction activities. Observation within the right-of-way noted presence of various infrastructure systems, which will be affected by the project. Examples include water pipes as confirmed by some community members, for example, Lusahunga. In all cases, there will be either disruption or complete disconnection from accessing services such as water, electricity and spiritual services due to the road rehabilitation. Reinstallation of the affected services might take a long period and thus depriving people the right to obtain services. The project road does not have electric lines.
6.5.3 Soil Erosion and Instability of Slopes
Construction works will accelerate erosion problems in most cut sections taking into consideration that the soil along the project road is very loose. Nevertheless, all cuts in the sloping grounds should be refurbished firmly and provided with the vegetation cover to reduce the effect of soil erosion. Major soil erosion is expected at the proposed quarry sites and borrow pits mentioned in section 2.3.
6.5.4 Increased water and soil pollution
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Impacts can also result from accidental spillage of fuels and construction materials, which may pollute both water and soil. Culvert construction may stir riverbed deposits into suspension. Though the large particles may settle quickly, the finer ones will increase the turbidity of surface water sources. The turbidity impacts may be short-term since the stream construction takes place within a few weeks. Three water bodies are found within the direct impact zone and immediate impact zone which includes Mdalo stream (11+200), Kakumbo stream (61+700), Benako dam (77+000) and Rusumo River (91+700) at the end of the project road. These rivers are more likely to be affected by this impact. The turbidity impacts may be short-term since the stream construction at these sites at these takes place within a few weeks.
6.5.5 Noise, Vibration and Air Pollution during Construction Phase
Dust will arise from road construction work due to excavation work, movement of vehicles, stock piling of materials, operation of crusher and asphalt plants, and general earth works at the site. Exhaust fumes will mainly come from construction plant, machinery and vehicles in operation. Fumes will also come from the processing of asphalt. Dust and fumes will have major direct but short-term impacts during the project construction phase. Along the project roads, the adjacent areas are relatively open, without impediment to air movement hence enhance dilution of air pollutants. For areas away from the road, leafy vegetation should be able to filter out a considerable content of low level air borne pollutants. Thus, ventilation and vegetation are anticipated to lessen the air pollution problem. Moreover, sprinkling of the road with water during construction work will further lessen generation of dust, and consequently alleviate the air pollution problem. Noise and vibration will be produced by construction vehicles, plant and machinery during delivery of materials, processing of materials, and actual construction work. Due to an increase in activities and number of operational vehicles, the impacts of noise and vibration will cause disturbance to humans and animals as well as birds. Vibration may even cause physical damage to properties near the construction site. The vegetation and loose soil along the roads in the project area have the potential for damping noise and vibration. As such, noise and vibration impacts will have short range – near the construction site. Dust will be a temporary nuisance to the people within the core impact area especially during construction in the dry season.
6.5.6 Increased spread of HIV/AIDS
The most health risk is on HIV/AIDS epidemic. Considering the socio-economic as well as geographical characteristics of the project area, there exist number problems that either may influence high infection rate, or deter efforts to combat the epidemic. For example, the problem of low or irregular incomes among young women aged 15 – 45 years is HIV/AIDS risk factor, which can influence high infection rate in the project area. At the same time, poor road networks in villages along the project road hinder the transmission of information, education and communication on the prevention of HIV/AIDS to reach people in the interior rural areas.
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Local people at the project area were concerned about the influx of people into the area including construction workers. This would result in an increase in the incidence of diseases including STI, and HIV/AIDS. This would also lead to an increased pressure and demand on social services. According to District and villages’ reports, HIV infections and AIDS epidemic are a threat to the population in terms of social, well being and economic development in the district. Public consultative meetings confirmed this fact, whereby it was asserted that the road project will contribute to accelerate the spread of new HIV infections. This will be caused by influx of different people and sexual relationships between incomers and local people who are unfaithful and doing without preventive measures. The prevalence rate for Kagera region is 4.8%, (2012) while the district rate (incidence) was 10.3% in 2007 (District Council Report 2014)
To some extent the improved roads is expected to stimulate creation of self-employment activities for unemployed women which will make them economically powerful to get away from commercial sex work. This will reduce the HIV/AIDS infections in the project areas especially to sexually active women. The road project is also expected to facilitate the easy reaching of the majority of people living in the villages for HIV/AIDS education and prevention methods. Generally the road will be very useful for saving the lives of people who might die of HIV/AIDS including the economically active young people.
6.5.7 Safety and Health Risks
Road construction exposes the labourers and the general public to bronchial and other respiratory tract diseases due to dusts. Also poor use (or not using at all) of the safety gears during construction phase will result into loss of lives or injuries during construction. The incidence rate of water borne diseases such as cholera and diarrhoea will increase if there will be no proper sanitation practices at the camps.
6.5.8 Increased Road Accidents
Increased traffic during construction and poor road safety measures like absence of diversion (where necessary) during construction and road safety awareness campaigns will result into unnecessary road accidents to livestock and people especially school children and old people. Some village along the project road has got a primary school, many of them are very close to the road, and this will make school children more vulnerable to the risk of accidents. These schools includes Mizani primary school (30+000), Kasulo Primary School (64 +000) and Rusumo Primary School (85+000).
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Figure 6.2: Banana farm within the Row
6.5.9 Increased water abstraction Rehabilitation of the Lusahunga - Rusumo Road will entail significant water abstraction from the rivers in the project area for use in dust mitigation in the local environment. This increase in abstraction of water will have negative impacts to the people living nearby and the downstream ecology. This impact can be easily minimized if the contractor decides to fetch water from the Rusumo River and Benako dam proposed in Chapter 2 than other seasonal rivers. However, this will be controlled by the Lake Tanganyika Water Basin Authority who are responsible for regulating water use of all the rivers in that basin. The contractor will have to apply for a permit before any abstraction from the watercourse.
6.5.10 Increased Wastes
It is obvious that construction activities are associated with production of wastes. These wastes can either be solid waste or liquid waste. The waste streams are Construction activities and Domestic activities of the workers at the camp and site. The solid waste include, Spoil, rubbles, Tree logs, metals, glasses, papers etc. while the liquid waste include Sewage, oils etc. The quantities are provided in chapter two of this report. These wastes if not well handled can change the aesthetic nature of the project area and can even lead to water pollution in case of improper disposal of oils. The quantities and types of wastes were presented in chapter 2.
6.5.11 Loss of Definite Materials and Land Degradation
Construction of the road will have direct impacts related to excavation, quarrying and deposition of spoil material. Significant volumes of earthworks fill; road gravel and rocks will be extracted during project execution. Since the road will be constructed to bitumen standard, then, significant use of definite materials is expected. Quarrying involves clearing the vegetation at the sites, excavation and transportation of the material. Thus, borrowing and quarrying activities will cause habitat change, land degradation (due to removal of fertile top soil), landscape impairment (visual intrusion) and soil erosion- 111 | P a g e
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which lead to siltation of waterways. Quarrying, excavation and the disposal of spoil material can destroy the economic and aesthetic value of public and/or private property including land. Some species may be affected during construction, but not to the level of extinction. Scenic quality deterioration will occur due to stock piling of construction materials and discoloration of plant leaves and houses in the vicinity of the roads due to windblown dust. Excavation work as well as presence of construction vehicles, plant and equipment will also add to scenic quality deterioration. Scenic quality deterioration will also occur off-site, at the sources of construction materials, the quarries and sand mines. If these are not made good they may become an eyesore. Scenic quality deterioration can destroy the economic and aesthetic value of public and/or private property including land. Scenic quality degradation effects will be significant, short term and direct. However, the Contractor will be required to prepare the Borrow Pits and Quarry Sites Operation and Reinstatement Plan for approval by TANROADS and the Bank before extraction of the materials. This plan shall form part of tender and bid documents and the contract.
6.5.12 Loss of Vegetation and Natural Habitats
Loss of vegetation will mainly occur in areas for campsites, new borrow pits and new quarries. In these areas trees, shrubs, grasses and natural habitats will be affected. However, land clearance within the 45m-road reserve will not involve removal of regenerated vegetation. During construction phase, there will be no detours except the traffic that will be channeled within the road corridor and therefore the impact on vegetation and natural habitats will be negligible. 6.5.13 Loss of Cultural/Historic Properties No documented physical cultural properties (PCPs) were observed along the proposed project road corridor. However, the contractor will be sourcing materials out of the road corridor where there is a possibility of encountering the cultural sites. Since the project is envisaged to involve some significant earthworks, there could be possibility for chance finds of PCPs during project implementation. Chance finds procedures (CFP) have been recommended consistent with World Bank’s OP/BP 4.11 and Tanzanian laws. The Chance Finds Procedure has been reflected in the ESMP section of this document and in Appendix VI. However, before implementation, CFP shall form part of tender and bid documents and the contract. 6.5.14 Sexual exploitation and abuse
Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another worker. Sexual abuse is further defined as “the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.” Women, girls, boys and men can experience SEA by either the project staff to staff or members of external host community. This represents a risk at all stages of the Project, especially when employees and community members are not clear about prohibitions against SEA in the Project. 6.5.15 Labor influx
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The project will attract labour into the project area. Like any other project with significant recruitment, the influx of labour heightens the risks associated with sexual exploitation and abuse of community members by project workers, gender-based violence at the community level and sexual harassment between project workers. In addition, labour influx into this project area could be source of conflict between workers and the local population. The impact of conflicts because of influx of labour, though localized, temporary, reversible and noncumulative, can be severe in magnitude.
6.5.16 Violation of children rights by contractor and child labor force on site.
The project might cause violation of child rights and abuse by contractor’s workforce. The project may also risk employment of children to work in the project either by the contractor or its sub-contractors.
6.6 Operational Phase Impacts
Positive Impacts
6.6.1 Job Creation and Increased Income to Local Communities
There would also likely be employment availability during the operation phase pertaining to road maintenance such as grass cutting, cleaning drainage culverts, etc; as well as some clerical / low level supervision jobs. Such employment would contribute to poverty reduction, especially for women.
6.6.2 Easy transport and transportation of goods
It is conceived by the communities that rehabilitation of the road will help to easy transport within and between neighbouring countries, i.e. Tanzania, Rwanda and Burundi. However, some villagers were skeptical about the impact of the road improvement to lower transport charges or fares from one point to another destination. This was attributed to the fact that the road is already a tarmac and as such it will not influence change in transport charges.
Like transport for passengers, goods will also be easily transported from one point to another, including from Burundi to port of Dar es Salaam and vice versa. It is expected that there is a possibility for investors to add more vehicles because more people will be travelling along the road due to its improved state and trucks will be safe with less breakdown.
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Figure 6.3: Lorries transporting cargo using project road
6.6.3 Economic growth and trade
The improved road condition will contribute to the growth of local economy as well as regional and national economy. The business for different goods will be expanded because people will increase and explore different business ventures or interests. The project will help to promote trade at international level between Tanzania and neighbouring countries which are landlocked. These are Burundi, Rwanda and Democratic Republic of Congo.
6.6.4 Easy access to and expansion of the markets
Rehabilitation of the road will help to open up the areas along the road to many people passing through it both foreigners and nationals and this will help expand market for their products. Some business dealers will be inspired and attracted to purchase goods from the villages for export to neighboring countries, e.g. Rwanda and or transport them to other regions in Tanzania. Through continuous interactions, local people noted that they will be able to learn from visitors and look markets for their goods elsewhere instead of waiting for buyers. 6.6.5 Increase of prices for goods
An increase of people from various parts for the road project will also increase demand for goods such as food, accommodation, water, drinks and other basic needs. In case there will be short supply compared to demand, the prices of goods will tend to go up and this will be beneficial to the local communities because their goods will fetch high prices, which will in turn, help them to meet other needs for their families.
6.6.6 Reduced travelling time
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Due to poor condition of the road, users spend a lot of time to travel because of potholes which force drivers to drive slowly. This costs travelers in terms of duration and expenses especially heavy trucks with goods to Kagera region and neighbouring countries. The improvement will facilitate drivers to drive faster and serve time and expenses to reach their destinations.
6.6.7 Reduced operation and maintenance costs
Improved road will be advantageous not only to TANROADS but also to owners of vehicles or road users because it will tremendously reduce the costs for maintenance of the road and the vehicles because of reduced breakdown caused by poor road condition.
Figure 6.4: Small vehicles using the project road
6.6.8 Reduction of road accidents
The road will be constructed based on standard and therefore it will be of high quality. It will be different from the current road in the sense that it will be wider than the present road, which is narrow. It is anticipated that some corners will be reduced which will allow drivers to have good sights or views from a distance. Climbing lanes shall be provided to accommodate heavy vehicles that climb with small speed to allow those moving with high speed to overtake without causing accidents. It was observed during consultation that there is a black spot called "machinjioni" from chainage 79+000 to 80+500 where accidents occur very often (Figure 6.5) due to steep slope. The rehabilitation shall improve the section by widening the road and provision of climbing lanes.
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Figure 6.5: Machinjioni Area where accidents often occur
6.6.9 Campsites after decommissioning of the project
Contractors are expected to locate appropriate places where to establish campsites and construct buildings for multiple uses including offices. It is anticipated that these buildings will remain and be beneficial to the government institutions or adjacent villages after completion of the project. As indicated in chapter four, the project area has a scarcity of social services such as hospitals and schools. In this respect, a suggestion was made that contractors should construct their buildings with permanent materials so that such buildings become useful for the community social services.
Negative Impacts
6.6.10 Increased Rates of Natural Resources Exploitation
Increased accessibility to the forest-rich (Miombo woodland) areas of Biharamulo and Ngara District will propel the exploitation rates of wood products. Inadequate control of the wood products exploitation may lead to increased deforestation in the area that will affect ecology of the area. 6.7 Analysis of Alternatives 6.7.1 Overview
In the EIA process it is important to consider different alternatives, or options, which will achieve the project’s objectives. It is also important to include a consideration of what would happen without the project – that is the no project alternative. Environmental assessment for each alternative is also carried out, since each alternative is likely to have a different set, or degree, of impacts. In this EIA consultations with stakeholders and site visits provided basis for identifying alternatives. The following types of alternatives are presented for consideration:
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6.7.2 No Project Alternative
The no project alternative entails retaining the current status quo without a tarmac road. Adopting this option would mean avoiding most of the negative impacts associated with the project and missing all the positive benefits such increased productivity and economic growth in Ngara and Biharamulo Districts. Therefore, adopting a no project alternative would mean failure to implement the transport policy.
6.7.3 Alternative Route
The option to use another route apart from using the existing one was considered. However that option was dropped immediately due to the following reasons Adverse environmental impacts (esp loss of vegetation) Resettlement of people and properties shall be on the high side The construction costs will be higher However, minor realignment is expected to improve the geometric layout of the road has been opted.
6.7.3 Alternative Design
Two alternatives were considered during economic viability study for this project which includes;
• ALT0 - “Without” project case which represents a continuation of current minimum maintenance practice, consisting of pothole patching when potholing exceeds 1 No/km, and heavy patching when wide structural cracking exceeds 5%. and • ALT1 -“With” project case which represents the implementation of the project by reconstructing it to asphalt concrete (AC) surface standard. After re-construction, the road will receive a more intensive maintenance, apart from patching, crack sealing and edge repair consisting of resealing at every 8 years and overlay at 6 IRI (m/km) The results of the economic analysis show that the IRR at 21.8% is higher than the cut off point of 12%. The NPV at 12% discount rate is similarly large and positive over 57 million US$. This implies the recommended rehabilitation/reconstruction option is economically feasible. As a result of the economic analysis ALT1 (reconstruction to asphalt concrete (AC) surfacing and double surface dressing of shoulders, new CRR base layer, C2 upper sub- base layer by cement stabilization of existing crushed stone base layer; and C1 lower sub- base layer by stabilization of existing natural gravel sub-base layer) is economically feasible option for implementation.
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7.0 IMPACTS MITIGATION MEASURES 7.1 General Considerations
This chapter is devoted to describing measures or actions that shall be implemented so as to minimize any of the potential impacts identified in the preceding chapter. Many of the mitigation measures put forward are nothing more than good engineering practice that shall be adhered to during the design and construction phases. The developer is committed to the implementation of mitigation measures contained in this report. In order these mitigation measures to be implemented, the safeguards mandatory tools which shall also form part of the tender and bid documents and the contract shall be prepared by the Contractor. These safeguards tools include: ESMP, Contractor’s ESMP (C-ESMP); Health and Safety Management Plan (HSMP); Borrow Pits and Quarry Sites Operation and Reinstatement Plan (BPQSORP); Contractor’s Inspection Plan (CIP); Waste Management Plan (WMP); Community Communication and Engagement Plan (CCEP); Traffic Management Plan (TMP); Social Management Plan (SMP), Child Abuse Protection Plan (CAPP); Gender Based Violence and Protection Plan (GBVPP); Grievance Redress Mechanism (GRM); Emergence Preparedness Plan (EPP); Contractor’s Inspection Plan; Code of Ethical Conduct (CEC); and Chance Finds Procedures (CFP)
7.2 Mitigation Measures for Pre-Construction Phase Impacts
7.2.1 Land Expropriation, Loss of Property and Resettlement
The designs shall try as much as possible to stick on the existing road realignment of 45m Conduct awareness to PAPs regarding RoW, displacement issues and the project in general. Resettlement Action Plan (RAP) has been prepared and it shall be observed; Fairly, promptly and timely compensations shall be paid to all PAPs based on Tanzania laws and the World Bank OP/BP 4.12 on involuntary resettlement before commencement of the construction activities; Compensation committee shall be established to deal with compensation issues; Grievance Redress Mechanism shall be put in place to resolve all project related grievances; Preparation of Community Communication and Engagement Plan (CCEP) to enhance two-way communication with stakeholders.
7.3 Mitigation Measures for Construction Phase Impacts Generally, the Contractor’s site specific ESMP (C-ESMP) will be prepared by the contractor to be used as guiding document during project implementation. C-ESMP shall be reviewed by the supervising Engineers and submitted to TANROADS and World Bank for review and 118 | P a g e
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approval before implementation. The costs for implementation of the mitigation measures will be part of the contractor’s contract and the Supervising Engineer, will be involved in supervision of the project. 7.3.1 Destruction of Public Utilities
District Water Engineers for Biharamulo and Ngara district shall be involved from the early stages of these project so as to have an integrated planning; Early notice shall be given to the community before removal and relocation of water utilities; The funds for the relocation of this infrastructure shall be part and parcel of the project.
7.3.2 Soil Erosion and Instability of Slopes
Unnecessary ground clearance and sensitive re-alignments shall be avoided. Lined drainage channels at sensitive terrains shall be provided to control speed and volumes of storm-water. The discharge points must be carefully chosen to avoid erosion of arable land and creation of gullies. The contractor should plant grass or any other vegetation cover to minimise exposed soil surface. Proper grading to promote sheet flow and minimize flow concentration on unconsolidated soil. Directing flow to properly designated channels.
7.3.3 Increased water and soil pollution
Refueling of plant or transfer of materials should not be carried out near water bodies, and any local spillage to soil should immediately be remedied. Good housekeeping shall be practiced within material storage compounds or vehicle maintenance yards where the possibility of spillage is great. This can easily be done by provision of Spill tanks and Secondary containment at vehicle maintenance yards. The contractor should Plant vetiver grasses to minimize exposed soil surface area where necessary The use of silt fences and hay bales to remove suspended solids from surface water runoff Silt curtains should be used to minimize sediment suspension and transport while working near water crossings.
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7.3.4 Noise, Vibration and Air
The nuisance of noise, vibration and dust will be transient and good work practice can minimize them. In addition, these impacts are already being experienced due to the existing road segments. The impacts of noise and dust emissions will further be minimized by proper choice of plant and machinery (i.e. fitted with noise and dust silencers or reducers) and locating quarry areas away from human habitations (at least 500 m away). Dust at work places within or close to human habitation should be critically minimized by periodic water sprinkling on working sections. The contractor shall advise or notify local households on dust, noise, vibration and other dangers. Watering should be practiced regularly at all active work sections along the road and at all quarries and borrow sites for the protection of workers. In addition, sections of road heavily traversed by construction vehicles should also be regularly watered. 7.3.5 Increased Spread of HIV/AIDS
Since construction camps will attract many job seekers and trade mongers, the contractor shall prepare and enforce a Code of Ethical Conduct (CEC); in the camp to encourage respect for the local community and to maintain cleanliness of the camp at all times. The contractor shall prepare an HIV/AIDS Awareness Campaign Plan to reduce risks of spreading of HIV/AIDS and other STDs as part of contractual obligation. The contractor shall also identify a registered service provider. Both, the plan and procurement of service provider shall be subject to the approval of the client and the Bank. A safety, health and environment induction course shall be conducted to all workers, putting more emphasis on HIV/AIDS, which has become a national disaster. In order to prevent more HIV/AIDS infection, during the implementation phase, the project should include information education and communication component (IEC) in its budget. This will help to raise more awareness on HIV/AIDS, and means to suppress its incidence. Promotion of awareness campaigns on HIV/AIDS for both workforce and local people, including information about sexual health and rights. The project will engage an NGO to assist in the implementation of HIV/AIDS awareness workshops throughout the life of the project. Access to Contractor’s Workforce Camps by outsiders to be controlled. Contractor to provide standard quality condoms to personnel on site.
7.3.6 Occupational Safety and Health Risks
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The contractor shall prepare site specific Health and Safety management Plan to be reviewed by the resident engineer and submitted to TANROADS and the Bank for approval before implementation. During construction the contractor shall ensure that the campsite is fenced and hygienically kept with adequate provision of facilities including waste disposal receptacles, sewage, firefighting and clean and safe water supply. The contractor may be required to drill a borehole for obtaining water for construction. Appropriate working gear (such as nose, ear mask and clothing) and good camp management shall be provided. A well-stocked First Aid kit (administered by medical personnel) shall be maintained at each camp, quarry sites and each active work section along the road. The medical personnel shall also be responsible for primary treatment of ailments and other minor medical cases as well as providing some health education to the workforce.
7.3.7 Increased Road Accidents
The road design shall take account of safety concerns especially at human habitation crossings e.g. installation of bus stops at settlement centers. Traffic management plan shall be incorporated in the designs to include for example details of signs, markings, intersection layouts, access restrictions, bus stops, crossings, footpaths etc. The traffic management plans shall be presented both in English and Swahili. 7.3.8 Increased water abstraction
The contractor shall obtain a water right from Lake Tanganyika Basin Offices before any abstraction of water in the project area. The amount of water given to the contractor shall consider the local community around the project road and downstream of the water course. Watering should be done to those places with significant dust levels and near the villages to minimize water wastage. Utilize water from perennial water bodies i.e Rusumo and Benako dam
7.3.9 Increased Waste
Disposal wastes shall be done in accordance to clause 1713 of the Standard Specifications for Road Works 2000. Adequate number of waste bins shall be provided at the camp site Only inert materials or readily decomposable materials shall be disposed by burial. 121 | P a g e
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No burning of waste materials which produces black smoke shall be approved. Plastics shall not be burned. No open burning of oils shall be done The camp sites shall have adequate toilets with septic tank-soak away treatment system Mobile toilets shall be available to workers when working on the road.
7.3.10 Loss of Definite Materials and Land Degradation
Borrow Pits and Quarry Sites Operational and Management Plan shall be prepared by the contractor for approval by the TANROADS and the Bank before extraction of the materials. This plan shall form part of tender and bid documents and the contract. Where construction materials such as gravel and stones to be obtained from village lands, the material shall be purchased and this will be officially negotiated with villagers and/or village government in order to avoid conflicts. The contractor may be compelled to pay a small fee to the villager and/or village government. All borrow pits and quarries shall be rehabilitated and proper landscaping done after completion of the road construction. Pits shall not be left with steep or vertical sides. Shallow slopes will encourage rapid re-vegetation thus preventing erosion as well as providing safety to animals. Obtaining sand from valleys and riversides must be well investigated to avoid accelerated land degradation and pollution of water sources and/or interfere with agricultural activities in farmland. 7.3.11 Loss of Vegetation
Close supervision of earthworks shall be observed in order to confine land clearance within the proposed new road reserve boundaries. Topsoil shall be stockpiled and used for reinstating flora along the road. It is assumed that displaced fauna will return once the work is over or seek another habitat locally. The Contractor shall be instructed to give the uprooted trees/thickets in the road reserve area to the villagers through village governments or any other arrangement that may seem convenient provided he does not contravene the Forest Act, 2002. Safety signs will be installed to control traffic and improve safety of the road users; Unnecessary clearance of vegetation shall be avoided. The contractor shall make use of the existing right of way as much as possible to avoid vegetation clearance;
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7.3.12 Mitigation Measures for Chance Finds Objects When Chance Finds Objects are found the following steps and reporting structure shall be followed.
The person or group (identifier) who identified or exposed the burial ground must cease all activity in the immediate vicinity of the site; The identifier must immediately inform his/her supervisor of the discovery; The supervisor must ensure that the site is secured and control access; The supervisor must then inform the relevant personnel responsible for at least the following portfolios: Community Liaison Officer (CLO), Environmental Officer and Health and Safety (HS) of the project; TANROADS management and the authorities will be informed to deploy a suitably qualified specialist to inspect and verify the exposed burial in consultation with the Ministry of Tourism and Cultural Heritage. The inspection shall include: o The temporal context of the remains; o Forensic, authentic burial grave or archaeological and; Should the specialist conclude that the find is a heritage resource protected in terms of the Antiquities Act, 1964; TANROADS will notify the Commissioner for National Culture; The Commissioner may require that an identification of interested parties, consultation and /or grave relocation take place; Consultation must take place in terms of the Antiquities Act; and Grave relocation must take place in terms of Grave Removal Act, 1969.
7.3.13 Violation of children rights by Contractor and labour force on site
To mitigate the above-mentioned risk the project will:
Develop and implement Children Protection Strategy that will ensure minors are protected against negative impacts associated by the project. All staff of the contractor must sign code of conduct, committing themselves towards protecting children, which clearly defines what is and is not acceptable behavior; Children under the age of 18 years shall not be hired on site as provided by Employment and Labour Relations Act, 2004 Part II Sub-part A Child Labour; Wherever possible, ensure that another adult is present when working in the proximity of children. Not invite unaccompanied children to workers’ home, unless they are at immediate risk of injury or in physical danger. Refrain from physical punishment or discipline of children; Refrain from hiring children for domestic or other labor, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. Comply with all relevant local legislation, including labor laws in relation to child labor. 7.3.14 Sexual exploitation and abuse of community members by project workers
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To mitigate the above-mentioned risk the project will:
Develop and implement a Sexual Exploitation and Abuse (SEA) action plan with an Accountability and Response Framework as part of the C-ESMP. The SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender-based Violence in Investment Project Financing involving Major Civil Works (September 2018). The SEA action plan will include how the project will ensure necessary steps are in place for: o Prevention of SEA: Integrate provisions related to sexual harassment and sexual exploitation and abuse in the employee Code of Conducts (COCs) and ongoing sensitization of staff on responsibilities related to the COC and consequences of non-compliance; project-level IEC materials;
o Response to SEA: including survivor-centered coordinated multi-sectoral referral and assistance to complainants according to standard operating procedures; staff reporting mechanisms; written procedures related to case oversight, investigation and disciplinary procedures at the project level, including confidential data management; o Engagement with the community: including development of confidential community- based complaints mechanisms discrete from the standard GRM; mainstreaming of Prevention of Sexual Exploitation and Abuse (PSEA) awareness-raising in all community engagement activities; community-level IEC materials; regular community outreach to women and girls about social risks and their PSEA-related rights; o Management and Coordination: including integration of SEA in job descriptions, employments contracts, performance appraisal systems, etc.; development of contract policies related to SEA, including whistleblower protection and investigation and disciplinary procedures; training for all project management; management of coordination mechanism for case oversight, investigations and disciplinary procedures; supervision of dedicated PSEA focal points in the project and trained community liaison officers. o Ensure clear human resources policy against sexual harassment that is aligned with national law;
Ensure appointed human resources, environmental, social and health and safety personnel is well trained on PSEA.
7.3.15 Community and stakeholder engagement in the project
To establish a two-way communication and sharing of information in the project lifetime the project will enable the following:
The contractor will plan and provide for community and stakeholder sensitization in the project road through a Community and Stakeholder Engagement Plan to be approved by the Consultant; The Contractor will put in place a community liaison office(s) accessible to the general public within the project road;
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The project will develop a grievance redress mechanism (GRM) to manage all concerns and complaints in the project; The project will have in place a Community Liaison Officer to manage community and stakeholder engagement and grievance redress during the life of the project.
7.4 Mitigation Measures for Operational Phase Impacts 7.4.1 Increased Rates of Natural Resources Exploitation
Increase forest and wildlife personnel so as to ensure proper management of the forests and wildlife areas; Increased capacity building of the land and natural resources departments in Biharamulo and Ngara District Council; Increased control and enforcement on forest and game products; Promote alternative energy sources such as solar power; Promote afforestation activities through existing NGOs and CBOs.
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8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN
8.1 Environmental and Social Management Plan
The Environmental and Social Management Plan (ESMP) presents the implementation schedule of the proposed mitigation measures to both environmental and social impacts as well as planning for long-term monitoring activities. For the proposed road construction works of Lusahunga - Rusumo road, the ESMP is given in Table 8.1. The ESMP also includes the associated environmental costs needed to implement the recommended mitigation measures. The engineering designs have already included some of the mitigation measures recommended in this report. Additional recommendations are provided in the ESMP to enable the road facility to be more environmentally friendly. The implementation steps will involve the Contractor, the Resident Engineer, District Councils, Road Agency (TANROADS), road users and the local communities at large. Their major roles are as follows: The contractor is responsible for preparation of C-ESMP, implementation the ESMP under the guidance CSC’s safeguards staff and reporting ESMP implementation on monthly basis; The Resident Engineer is responsible with the approval of the C-ESMP, monitoring of ESMP implementation during construction works and reporting on progress of works; District Council through the District Environmental Management Officers (DEMOs) in collaboration with TANROADS (Department of Environment and Safety) are responsible of overseeing implementation of the Monitoring Plan from time to time; Agency (TANROADS) has the responsibility to oversee implementation of the Monitoring Plan in collaboration with Local Government Environmental Management Officers (DEMOs); and Road users and the local communities at large their major role is to comply with road safety requirements and get involved in taking care and safeguarding road.
8.2 Implementation of the ESMP The Contractor (guided by his Safeguard Specialists) shall be the implementers of the ESMP during construction period under the supervision of the Engineer (guided by the Engineer’s Safeguard Specialists). The Safeguard Specialists under the Engineer and the Contractor shall be procured on full time basis to implement the ESMP in order to make sure that the environmental and social measures recommended in the report are effectively complied with and timely adjusted whenever necessary. They will liaise with the relevant public agencies and carry out the training scheme associated to their assignment. The experts will be familiar with the scientific measurement of the impacts and remedies. The experts will also liaise with the relevant public agencies and carry out the necessary training schemes associated to their assignments. The Contractor will be responsible in preparing the site specific ESMP based on the ESMP presented in this report and submit for approval before implementation.
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TANROADS as the Client, shall be the overseer of the ESMP through the supervision Consultant, district environmental management officer (DEMO) and the Contractor. The environmental measures incorporated in the detailed engineering design will be attached to the contract documents and the Contractor shall take stock of all the contents of the ESIA statement of the project.
8.2.1 Mandatory Safeguards Tools Based on ESIA findings (baseline studies, impacts identified and proposed ESMP/EMP), during mobilization phase, the Contractor shall be required to develop additional independent safeguard tools to guide implementation and supervision of environmental and social issues. These tools shall comply to national requirements and World Bank Safeguards policies. The plans, presented below, shall be reviewed and approved both by TANROADS and World Bank before rolling out in the field. These tools shall be prepared prior to the implementation of the road project and shall form part of the project contract and must be approved by the Resident Engineer and TANROADS before implementation. These tools will draw the basis for the Contractor to abide with the requirements of the implementation of the environmental, social, health and safety mitigation measures. These tools will be updated from time to time by the Contractor on emerging issues and challenging during project implementation or upon request from TANROADS and/or the World Bank.
The proposed safeguard tools shall include: i. Contractot’s ESMP (C-ESMP); ii. Health and Safety Management Plan (HSMP); iii. Borrow Pits and Quarry Sites Operation and Reinstatement Plan (BPQSORP); iv. Waste Management Plan (WMP); v. Community Communication and Engagement Plan (CCEP); vi. Child Abuse Protection Plan (CAPP); vii. Gender Based Violence and Protection Plan (GBVPP); viii. Grievance Redress Mechanism (GRM); ix. Traffic Management Plan (TMP); x. Emergence Preparedness Plan (EPP); xi. Contractor’s Inspection Plan; xii. Code of Ethical Conduct (CEC); and xiii. Chance Finds Procedures (CFP).
A brief description and essence of the above mandatory safeguard tools is given in the following subsections.
a. Contractor’s ESMP The Contractor will prepare his own ESMP i.e. C-ESMP whose main objective will be to ensure that the mitigation and enhancement measures proposed in this ESIA report are appropriately and effectively implemented. The costs for preparation and implementation of the proposed mitigation measures shall be directly analysed on the ESMP report and also indirectly included into the Bill of Quantities (BOQ. The main focus of ESMP will be on the impacts/risks from the following activities: 127 | P a g e
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Establishment of contractor's camp; Relocation of utilities from the RoW to receive permanent works; Sourcing of construction materials; Transportation of equipment and construction materials; Earthwork up to base, widening and construction of structures; Collection and disposal of spoil materials, demolition materials from buildings/ structures and excavated debris; and Operation of construction equipment/machinery.
b. Site-Specific Health and Safety Management Plan (HSMP) The main objective of the site-specific HSMP will be to ensure that appropriate mitigation measures for addressing health and safety issues are effectively implemented by the Contractor in line with the applicable requirements mainly of the Occupational Health and Safety Act No. 5 (URT, 2003). The HSMP will outline Contractor’s health and safety management system; safety in various construction activities and emergency preparedness and response.
The contractor will ensure that work camp infirmaries are equipped with relevant medical supplies such as anti-venom, anti-tetanus treatment, and anti-malaria drugs (to mention a few) to treat diseases due to unforeseeable injuries and disease outbreaks for workers and the local population in general. The contractor has to ensure the Health and Safety inspection is in place and a Health and Safety personnel is there for directive and comply with Law requirement.
c. Borrow Pits and Quarry Sites Operation and Reinstatement Plan The Contractor will prepare and implement Borrow Pits and Quarry Sites Operation and Reinstatement Plan (BPQSORP) to manage all impacts associated with borrow pits and quarries. The Plan will closely observe the requirements of the Environmental Code of Practice for Road Works (URT, 2009) which require that exploitation surface of a new borrow pit or quarry must be located at least 500 meters from the following elements: Public or private buildings; Trunk or regional roads; Railroads; Water pipelines; Cemeteries; Cultural sites; and Classified forests.
The following aspects will be considered during selection of borrow pits and quarry areas to minimize residual environmental and social impacts as appropriate:
Selected sites will avoid such areas as flood plains, marshes, sites characterized by unstable ground and protected sites. 128 | P a g e
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Selected borrow pit sites will be based on the characteristics of the fill required to minimize disturbance to vegetation and nearby areas and also located away from significant fauna habitats. Selection will be done based on the strip and stockpile vegetation and topsoil for use during restoration. Likewise, selection will base on the limits of volumes or tonnages of material able to be removed, the depth of borrow pits, limits on the area that is able to be disturbed to construct and operate a borrow pit. The borrow pits will be suitably located away from the areas where surface water drainage patterns will not be adversely affected. Selection for borrow pits will avoid sensitive areas such as heritage or cultural sites, etc.
In line with the Environmental Code of Practice for Road Works (URT, 2009), the Contractor shall take all necessary measures to ensure that the borrow pit and quarry sites are restored to the state that is safe to human and animal and to the state that will allow regeneration of vegetation. Borrow pit and quarry sites must be rehabilitated by selecting one of the following options: Level the ground and restore the vegetation cover (i.e. tree, grasses and shrubs); Fill the holes (i.e. with sand, earth or stones) and restore the vegetation cover; Adjust the water level for local communities or animals; Convert or rehabilitate the area as a leisure zone; Restore the site to another project.
Levelling of the sites must be done to the extent that it fits well with the surrounding land scape and is sufficient draining. In order to ensure vegetation is well restored at the site, manure must be applied or cover the entire ground surface with top soil there after the site must be cared and maintained for 1 year after the end of the exploitation. After the rehabilitation works is complete, he will ensure that the surface of the extraction surface must be free of all scraps, waste, stumps, unstable material, machinery parts, or other similar obstructions. d. Waste Management Plan (WMP) The Contractor shall prepare a WMP that will clearly outline appropriate management measures for all types of wastes (solid, liquid and hazardous ones). The measures will include proper collection, handling and final disposal of waste at formal disposal sites.
e. Community Communication and Engagement Plan (CCEP) The aim of this CCEP will be to improve the Contractor’s social performance by strengthening external communications. It focuses on those aspects of external engagement that require the guidance and support of a competent Community Liaison Officer (CLO)/Sociologist. Specific objectives of the plan will be: To develop a coordinated approach to communication with external stakeholders; To create a better balance of responsive and proactive approaches;
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To improve two-way communication with stakeholders regarding activities and decisions that affect them (or that could potentially affect them); and To minimize social impacts to stakeholders and social risks to the Contractor.
The CCEP will also outline the following aspects: Target audience; Strategies and tools; Key massages and themes: o Employment opportunities; o Grievance management procedures; o HIV/AIDs awareness and prevention program; o Gender issues, etc. Implementation plan: o Priority actions and work plan; o Communication flow; o Use of community committees; o Communication mechanisms; o Monitoring and reporting.
f. Child Abuse Protection Plan In line with Tanzanian Labour Act of 2004, the Contractor will formulate and implement a child labour policy as the basis of commitment to find practical, meaningful and culturally appropriate measures to support the elimination of child labour in workplaces.
The policy shall be publicly available throughout the company and clearly communicated to all employees in a manner which it can be understood through induction programs and policy manuals. The implementation of the policy will be the responsibility of the Human Resources Department and the security staff who do not permit minors to enter the working places.
g. Gender Based Violence Protection Plan GBV is a serious, life-threatening protection issue primarily affecting women and children. It is well documented in this ESIA that GBV is a social issue of concern. The Contractor will utilize the baseline information included in this ESIA to prepare and implement appropriate measures to overcome GBV.
h. Grievance Redress Mechanism Plan (GRM) A Grievance Redress Mechanism Plan (GRM) will describe the procedures that will be followed to address grievances/complaints submitted by the people who will benefit or impacted by the project. The GMP will provide clarity and predictability on how grievances/complaints will be received, assessed, sorted, and resolved, and monitored. The central aim of the GRM will be to help reduce tension between the Contractor and affected communities and workers and to prevent unrealistic expectations or negative perceptions from the local population towards the Project.
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The GRM will outline the following: Grievance types; Stakeholders consultation; Grievance procedures: o Grievance management process; o Grievance uptake; o Grievance documentation; o Response and acknowledgement; o Fast tracking; o Investigation of the grievance; o Grievance resolution and appeal; o Grievance closure; Roles and responsibilities for GRM implementation; Grievance management timeframe; Internal and external communication (linked to CCEP); and Schedule, budget, monitoring and reporting.
i. Traffic Management Plan (TMP) A Traffic Management Plan (TMP) will outline traffic control measures to provide for the safe and efficient movement of vehicles, bicyclists, and pedestrians through or around temporary traffic control zones while reasonably protecting workers and equipment. Road safety awareness program shall be part of the TMP. The TMP will have the following objectives: Limit the interaction between project construction traffic and public traffic; Keep traffic flowing safely with the minimum of delay; Provide a safe working space for all equipment, personnel and materials; Give clear instructions to the traffic; and Ensure that traffic control is placed in prominent positions and clearly visible to the public, even in poor weather conditions or during night.
The main aspects of the TMP will include the following: Installation of traffic control signs along the project road; Drivers' behaviour monitoring and traffic rules enforcement; and Appointment of qualified Traffic Management Officer (TMO) to lead implementation of the TMP.
j. Code of Ethical Conduct Based on the Employer Standard Code of Conduct and other national requirements, the Contractor will prepare and implement ‘’Code of Ethical Conduct (CEC) attuned to Part III (Employment Standards), Section 14 (Contracts with employees) of the Tanzanian Employment and Labour Relations Act No. 6 of 2004. The CEC will set out guidelines i.e. “dos” and “don’ts” intended to support ethical behavior and decision making for all employees
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of the Contractor. The term ‘employees’ here include all management, staff, volunteers, students, subcontractors and others who provide services for the organization.
k. Chance Finds Procedures During construction works, archaeological findings may be encountered and potentially damaged or disturbed. Culturally, sensitive areas (where cultural practices occur) may become affected by both construction and operation works, by modifying the religious or cultural value of a certain area. Appendix VI contains “Chance Finds Procedures” to be followed by the Contractor. l. Emergency Preparedness Plan The objective of preparing and implementing emergency preparedness plan is to enable the Contractor review his/her operations and identify all environmental hazards that are likely to occur and identify methods for control and mitigating the hazards. The Contractor must recognize that accidents and unexpected conditions do occur that would require immediate response to mitigate any detrimental effects from these accidents or conditions and planning the actions to be taken. The emergency preparedness plan outlines the mitigation measures, responsibilities, reporting mechanisms and communication procedures.
In general, the anticipated environmental hazards associated with the project will dictate the extent and nature of the Environmental Hazard Management Plan (EHMP) Team’s responsibilities. Therefore, this emergency preparedness plan provides only the minimum number of personnel and their responsibilities.
EHMP Manager – Contractor will designate a trained person at the project level who has preliminary responsibility and sufficient authority for implementation of EHMP. Review Committee – The committee will provide inputs and information to the EHMP Manager and assists in the decision-making process. This Committee will be comprised of: Traffic police; Local community business representative (e.g. Village Chairman); School representative (e.g. School Teacher); Emergency service agency (e.g. Fire and Rescue Department); Resident Engineer - The Resident Engineer will be responsible for approving the traffic management plan, work zone traffic control plan, etc. HMP Implementation Task Leader - The Contractor will appoint Project Engineers who will be responsible for implementation of specific mitigation measures outlined in the EHMP. EHMP Monitor – The responsibility of EHMP Monitor will be to conduct windshield surveys (observation based on driving through the work zone) and site visits to assess the effectiveness of the plans and EMP strategies. Emergency contacts – The Contractor will put a list of persons with each emergency service agency including the police, fire department and referral hospital. EHMP Implementation Costs Estimating the work zone management strategy implementation costs of the EHMP and including these costs within the overall project cost is critical, as it may be difficult to obtain additional funding at a later stage. It potentially avoids under-allocation of funds. Where
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feasible, the cost estimates for the various management strategies should be itemized and documented in the EMP, with cost responsibilities, opportunities for sharing or coordinating with other projects, and funding sources specified. EMP components can be funded as part of the construction contract and/or in separate agreements. The following standby equipment / items for implementation of emergency plan will be covered in the Bill of Quantities for other items as specified in OSHA Act: First Aid Kit equipped with medicine and administered by a qualified personnel; Personal Protection Equipment (PPE); Fire extinguishers placed at every strategic areas; Dispensary to handle minor illness for construction workers; and Radio calls for communication purpose.
m. Inspection Plan The principal objective of the Inspection Plan is to provide assurance that the Contractor is providing evidence on whether or not relevant commitments and mitigation measures relating to construction of the project are effectively met and that the desired intent of minimizing environmental and social impacts is being achieved.
Specific objectives of the inspection plan can be summarized as: Verify the performance of Contractor and its sub-contractor in implementing mitigation measures; Verify the successes of mitigation measures in minimizing environmental and social adverse impacts; Identify the need for, and implementation of, corrective action in the event that described mitigation does not, or appear unlikely to, meet the anticipated level of performance; Provide a mechanism for implementing new mitigation measures, or altering practices, based on performance, thus facilitating continual improvement.
The site inspection will be carried out regularly on: The work sites comprehensively; The Contractor’s and Engineer’s camps; The asphalt, concrete batching and stone crushing plant sites; Quarry sites and borrow pits; Water bodies close to construction sites; and The routes used for haulage of quarry, construction and quarry material.
8.2.2 Summary Costs for ESMP and RAP implementation The assessment has revealed that, to a large extent, almost all the identified and predicted major negative environmental and social impacts associated with the project can be mitigated, avoided, eliminated or reduced by using engineering and non-engineering solutions during the design, construction and operation phases. Such engineering solutions include: construction of new and sustainable drainage systems including bridges and culverts to control flooding, soil erosion, provision of recommended road synergy of good standards to control road accidents, reinstatement of abandoned borrow pits after extraction of borrow
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materials and so forth. Non-engineering solutions will include education and awareness campaigns to address HIV/AIDS issues, compensations for the affected properties. Table 8.1 shows a summary of project environmental/social implementation costs.
Table 8.1: Summary of project environmental/social management costs S/N Item costs Total Costs (TSHS) 1 Compensation costs 919,674,796.00 2 Environmental/social impacts mitigations costs 255,000,000.00 3 HIV/AIDS Mitigation plan 100,000,000.00 4 Environmental Monitoring 70,000,000.00 Grand Total Costs 1,344,674,796.00
8.3 Environmental Monitoring The national EIA guidelines require the developer to prepare and undertake monitoring plan and regular auditing. Monitoring is needed to check if and to what extent the impacts are mitigated, benefits enhanced and new problems addressed. Recommendations for monitoring have been included in the ESMP (Table 9.2). The ESMP also assigns responsibilities for monitoring activities. However, the divisional/ward/village environmental committees and district environmental committee will participate in the long-term daily monitoring of the project road.
8.4 Environmental Audit According to Environmental Management Act (2004), there are three types of Environmental Audits; i.e. Initial Environmental Audit, and Control Audit (for projects which were operational before enactment of the Act), self-audit for projects that were subjected to EIA. Based on this, TANROADS shall within a period of twelve months of the commencement of the operations, undertake an environmental audit of the project to determine the long term effects of adopted mitigation measures. This audit shall be followed by subsequent environmental annual self-audits and prepare an Audit Report for submission to NEMC.
8.5 Personnel and Training
The Environmental specialist assigned specific for the project will conduct on-job training to district level staff. This will strengthen their performance in participating to the implementation of the action plans (AP). The project will set a budget for this purpose. The environmental expert will design and deliver the environmental training packages.
8.6 Environmental costs
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indicated in Table 8.1. It should be noted that most of the costs for mitigation measures are already included in the bills of quantities of the overall works. The costs of the environmental supervisor shall be included in the overall supervision costs of the works. The contractor and supervising engineer will have environmentalists and sociologists who shall oversee the day to day activities at site on full time basis.
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Table 8.2: Environmental and Social Management Plan
S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH)
1. Relocation and Compensation shall be done according to Tanzania TANROADS/C Before 919,674,796.00 resettlement laws governing resettlement before commencement of onsultant/Affect construction the construction activities. ed people phase
Resettlement Action Plan shall be prepared and observed
2. Relocation of District water engineers for Ngara and Biharamulo TANROADS/C Design and Provided in the BoQ Public Utilities district councils shall be involved from the early stages ontractor/Cons Construction (Series 1000) of these project so as to have an integrated planning. ultant /TANESCO Early notice shall be given to the community before any removing pumps The funds for the relocation of this infrastructure shall be part and parcel of the project.
3. Soil erosion Unnecessary ground clearance and sensitive re- TANROADS/C During Provided in the BoQ and slope alignments shall be avoided. ontractor/Env design and (SS 1704) instability Supervisor construction Lined drainage channels at sensitive terrains shall be provided to control speed and volumes of storm-water. The discharge points must be carefully chosen to avoid erosion of arable land and creation of gullies. The contractor should Plant vertiver grasses to minimize 136 | P a g e
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH) exposed soil surface. Proper grading to promote sheet flow and minimize flow concentration on unconsolidated soil. Directing flow to properly designated channels.
4. Noise pollution Provide working gear to workers Contractor/TAN During Provided in the BoQ ROADS/ Env. Construction (SS 1709) Proper choice of equipment which offer environmental Supervisor advantages
5. Air pollution Watering road section (near human habitation) TANROADS/C Provided in the BoQ ontractor/Env. (SS 1708) Proper choice of equipment which offer environmental During advantages Supervisor Construction
6. Advance notice to local communities TANROADS/C Construction 4,000,000 ontractor Vibration Proper location of quarry sites
7. Increased Safety, Health and Environment (SHE) induction course Contractor/TAN Construction 100,000,000 spread of ROADS/NGOs/ HIV/AIDS Support HIV/AIDS campaigns CBOs/local Provision of condoms communities /local communities /District
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH) councils
8. Safety and Appropriate working gear (such as nose, ear mask and TANROADS/C Construction 25,000,000 health risks clothing) and good camp management shall be ontractor/counc Phase provided. il/ Env. Supervisor, A well-stocked First Aid kit (administered by medical Local Personnel) shall be maintained at each camp, quarry community sites and each active work section along the road.
9. Increased The road design shall take account of safety concerns TANROADS/D Design 50,000,000 Accidents especially at human habitation crossings e.g. esign team/ stage installation of bus stops at settlement centers. Traffic and Police/Contract Construction Traffic management plan shall be incorporated in the or designs to include for example details of signs, Phase markings, intersection layouts, access restrictions, bus stops, crossings, footpaths etc. The traffic management plans shall be presented both in English and Swahili.
10. Increased water The contractor shall obtain a water right from Lake TANROADS/C Construction 20,000,000 Tanganyika Basin Offices before any abstraction of ontractor/Lake Phase abstraction water in the project area. Tanganyika Basin Offices The amount of water given to the contractor shall consider the local community around the project road and downstream of the water course.
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH)
Watering should be done to those places with significant dust levels and near the villages to minimize water wastage
11. Increased Adequate number of waste bins shall be provided at the Waste camp site TANROADS/C Construction Provided in the BoQ Only inert materials or readily decomposable materials ontractor/Super Phase (SS1712) shall be disposed by burial. visor No burning of waste materials which produces black smoke shall be approved. Plastics shall not be burned. No open burning of oils shall be done The camp sites shall have adequate toilets with septic tank-soak away treatment system Mobile toilets shall be available to workers when working on the road.
12. Loss of Before extraction of the materials, the Contractor shall Contractor/Con During Provided in the BoQ definite prepare Borrow Pits and Quarry Sites Operational and sultant/Village Mobilization, (SS 1703) Reinstatement plan for review and approval by Leaders/Super Construction Materials and TANROADS and the Bank. This plan shall form part of visor/District and after Land tender and bid documents and the contract. Council/ construction degradation Where construction materials such as gravel and TANROADS stones are to be obtained from village lands, the material shall be purchased and this will be officially negotiated with villagers and/or village government in
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH) order to avoid conflict. All borrow pits and quarries shall be rehabilitated and proper landscaping done after completion of the road construction. The topsoil shall be stock piled for later use in reinstating the pit. Obtaining sand from valleys and riversides must be well investigated to avoid accelerated land degradation and pollution of water sources and/or interfere with agricultural activities in farmland.
13. Loss of Close supervision of earthworks shall be observed in TANROADS/C During 5,000,000 Vegetation order to confine land clearance within the proposed ontractor/ Construction new road reserve boundaries. Supervis or/ Topsoil shall be stockpiled and used for reinstating flora along the road. Biharamulo and Ngara The contractor shall be instructed to give the uprooted District trees/thickets in the road reserve area to the villagers Councils provided he does not contravene the Forest Acts 2002. (Forest The road design shall try as practicable to offset the department)/ route so as to avoid felling all big trees that take many Contractor years to grow or other flora of outstanding importance Consultation with the Ngara District Forest Officer shall be made prior to clearing trees/ thickets.
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH)
14. Increased rates Increase forest and wildlife personnel so as to ensure Ministry of 36,000,000 of natural proper management of the forests and wildlife areas. resources Natural Operation exploitation Increased capacity building of the land and natural Resources/ phase resources departments in Biharamulo and Ngara Police/ Districts. Biharamulo and Ngara Increased control and enforcement on forest and game District products Councils/TANR
Promote alternative energy sources such as solar OADS power Promote afforestation activities through existing NGOs and CBOs
15. Cultural/Histori Project activities involving earthworks must include an Contractor/TAN Before the 5,000,000 c Properties approved Chance Finds procedure in construction ROADS start of contracts, to cover the possibility of discovering rehabilitation physical cultural heritage in the course of excavation. works When Chance Finds Objects are found the following steps and reporting structure shall be followed. i. The person or group (identifier) who identified or exposed the burial ground must cease all activity in the immediate vicinity of the site; ii. The identifier must immediately inform his/her supervisor of the discovery; iii. The supervisor must ensure that the site is secured and control access; iv. The supervisor must then inform the relevant 141 | P a g e
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH) personnel responsible for at least the following portfolios: Community Liaison Officer (CLO), Environmental Officer and Health and Safety (HS) of the project; v. TANROADS management and the authorities will be informed to deploy a suitably qualified specialist to inspect and verify the exposed burial in consultation with the Ministry of Tourism and Cultural Heritage. The inspection shall include: o The temporal context of the remains; o Forensic, authentic burial grave or archaeological and; o Graves that may encountered in the vicinity. vi. Should the specialist conclude that the find is a heritage resource protected in accordance with the Antiquities Act, 1964; TANROADS will notify the Commissioner for National Culture; vii. The Commissioner may require that an identification of interested parties, consultation and /or grave relocation take place; viii. Consultation must take place in accordance with the Antiquities Act; and ix. Grave relocation must take place in accordance with the Grave Removal Act, 1969. 16 Community and The contractor will plan and provide for community and TANROADS/C During 50,000,000 Stakeholder stakeholder sensitization in the project road through a ontractor/Super Construction Engagement Community and Stakeholder Engagement Plan to be visor/ approved by the Consultant; The Contractor will put in place a community liaison office(s) accessible to the general public within the project road; 142 | P a g e
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH)
The project will develop a grievance redress mechanism (GRM) to manage all concerns and complaints in the project; The project will have in place a Community Liaison Officer to manage community and stakeholder engagement and grievance redress during the life of the project. 17 Sexual Develop and implement Sexual Exploitation and Contractor/Sup During 30,000,000 Exploitation Abuse (SEA) Action Plan with an Accountability and ervisor/ Construction and Abuse Response Framework as part of the C-ESMP. The
SEA action plan will follow guidance on the World Bank’s Good Practice Note for Addressing Gender- based Violence in Investment Project Financing involving Major Civil Works (Sept 2018).
18 Violation of Develop and implement a Children Protection Contractor/Sup During 20,000,000 children rights Strategy that will ensures minors are protected ervisor/ Construction by contractor against negative impacts associated by the Project.
and child labor force on site. All staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behavior; Children under the age of 18 years shall not be hired on site as provided by Employment and Labour Relations Act, 2004 Part II Sub-Part A Child Labour; Wherever possible, ensure that another adult is
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S/N Impact Mitigation measure Responsible Mitigation Estimated Annual institution Time Frame cost (TSH) present when working in the proximity of children; Not invite unaccompanied children to workers home, unless they are at immediate risk of injury or in physical danger; Refrain from physical punishment or discipline of children); Refrain from hiring children for domestic or other labor, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury; Comply with all relevant local legislation, including labor laws in relation to child labor.
19 Labour influx Develop and implement a Labour Influx Management Contractor/Sup During 10,000,000 Plan to be approved by the project consultant ervisor/ Construction
Total 1,274,674,796.00
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9.0 ENVIRONMENTAL AND SOCIAL MONITORING PLAN
9.1 Environmental and Social Monitoring
Monitoring of the anticipated environmental and social impacts in the receiving environments is important. It helps in determining the effects of the project activities on the environments enhancing understanding of cause effect relationships between human activities and environmental changes and verifies the accuracy of prediction about the environmental impacts. It ensures compliance with regulatory measures and understanding the degree of implementation of ESPM and its effectiveness. The monitoring results are also used extensively during the environmental auditing.
The EIA and Audit regulations require the developer (TANROADS) to prepare and undertake monitoring plan and regular auditing. Monitoring is needed to check if and to what extent the impacts are mitigated, benefits enhanced and new problems addressed. Recommendations for monitoring have been included in the ESMP (Table 9.1). The ESMP also assigns responsibilities for monitoring activities. However, the divisional/ward/village environmental committees and district environmental committee will participate in the long-term daily monitoring of the project road.
9.2 Environmental Audit
It is recommended that environmental audits determine the long-term effects of adopted mitigation measures. It is recommended that environmental audits be carried out on the project as part of the on-going maintenance programme. The audits will unveil the actual performance of mitigation measures and will allow effective measures to be included in future projects based on the legislation in force. As per operative ESIA documents in Tanzania, environmental audits would be a responsibility of the developer (TANROADS) and the National Environment Management Council (NEMC).
9.3 Monitoring Parameters
The selection of the parameters to be monitored is based on the high likelihood of occurrences of the selected parameters. Monitoring of these parameters will be done in various stages of the project as follows;
Pre-construction stage – Monitoring of the parameters at this stage is meant to establish the baseline information of the target parameters in the project area. Construction stage- Monitoring at this stage is meant to establish the pollution levels that arise from the construction activities. Operation stage - Monitoring at this stage is meant to check on the impacts that might arise as the result of normal use of the infrastructure. 145 | P a g e
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Decommissioning - Decommissioning is not anticipated in the foreseeable future. However, if this will happen, may entail change of use (functional changes) or demolition triggered by change of land use.
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Table 9.1: Environmental and Social Monitoring Plan for the Lusahunga-Rusumo Road Parameters Monitoring Sampling Measureme Target Responsibil Annual costs Area nt Units level/ ity for frequency Method Estimates Standard monitoring (TSH)
Air quality Dust Once before Near µg/m3 Micro Dust N/A TANROADS/ 5,000,000 settlements Pro Local construction government starts (villages)
Noise Noise level Once before Near dBA Noise Level N/A TANROADS/ 4,000,000 Baseline the settlements Local Meter construction government (villages) starts
Biodiversit Baseline Once before All forests Type and Counting and N/A TANROADS 3,000,000 y the along number of Observation construction living Information the road work starts organisms on
biodiversity
Compensat Rate of Once before All affected Once before Resettlement All PAPs District N/A ion the are councils/ Compensati people construction Action Plan on for construction compensat TANROADS begins (RAP). starts ed land and properties fairly
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Parameters Monitoring Sampling Measureme Target Responsibil Annual costs Area nt Units level/ ity for frequency Method Estimates Standard monitoring (TSH)
Air Dust Once Per Near µg/m3 Micro Dust 0.01 TANROADS/ 5,000,000 pollution week settlements Pro Local government (villages) Noise Noise level Once Per Near dBA 110 TANROADS/ pollution week settlements Local Measurement 3,000,000 government (villages) s
Water Turbidity Once Per All NTU Spectrophoto <50 8,000,000 Quality month rivers/streams meter TANROADS/ along the during dry Local project season government road
Twice a week during rainy season Soil Soil erosion Once in Project Level of Site inspection No soil TANROADS/ erosion along the three road, erosions Local erosion at road government Months Detour routes, all 10,000,000 Quarry site and borrow pits.
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Parameters Monitoring Sampling Measureme Target Responsibil Annual costs Area nt Units level/ ity for frequency Method Estimates Standard monitoring (TSH)
Biodiversit Biodiversity Once year All forests Type and Biodiversit TANROADS/ 4,000,000 y along number y Local Inspection government the road Of living is not /District and affected Forests organisms Officer Vibration Vibration Once per Project No per time TANROADS/ 4,000,000 levels Month road, Local Records government Quarry sites
Employme Percentage Three times Project site Number of Records, More than District 5,000,000 nt of local a year local people inquiries and 120 counc employed Loc il/TANROAD opportunit Constructio observation al S y n labourers in the project persons are employed Safety Number Once in Number Actual injuries All safety TANROADS/ 5,000,000 and and type of three of gears are Local Project site and illness safety safety government / health month provided equipment measure statistics OSHA risks such as provided mask, helmet gloves and
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Parameters Monitoring Sampling Measureme Target Responsibil Annual costs Area nt Units level/ ity for frequency Method Estimates Standard monitoring (TSH)
ear plugs. Health and sanitation facilities in camps. Dust Water Once per Project site Frequency Inquiries and Minimum TANROADS/ sprinkling week of Local suppressio observation Dust 6,000,000 government n water emission
sprinkling Increased Condition of Once in All forests Volume of Measurement - District the forest three along wood s of volume of councils natural 5,000,000
Months the road extracted trees cut (Forest resources
extractions Department)/ TANROADS Chance Awareness On daily Along the TANROADS/ 3,000,000 Finds about and basis during construction District efforts to council of Physical earthworks Corridor and (Antiquities follow the borrow Cultural Department) Chance areas Resources Finds Procedure (PCRs)
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Parameters Monitoring Sampling Measureme Target Responsibil Annual costs Area nt Units level/ ity for frequency Method Estimates Standard monitoring (TSH)
(CFP) Total 70,000,000
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9.4 Institutional Arrangements and Reporting Procedures
The purpose of environmental and social monitoring is to quantitatively measure the environmental effects of the road project. The environmental monitoring program will operate through the preconstruction, construction, and operation phases. It will consist of a number of activities, each with a specific purpose, key indicators, and significance criteria. During construction, the Contractor guided by the Environmental and Social Specialists will implement the ESMP. The Contractor will be supervised by the Supervision Engineer guided by his/her Environmental and Social Specialists. TANROADS as the Client, shall be the overseer of the ESMP monitoring through the supervision Consultant, district environmental management officer (DEMO) and the Contractor. During operational phase, the Local Government Environmental Management Officers (DEMOs) in collaboration with TANROADS (Department of Environment and Safety) will oversee implementation of the Monitoring Plan. To strengthen implementation of ESMP, both the contractor and supervising engineer will have environmentalists and sociologists who shall see the day to day activities on site. The Consultant and Contractor shall report progress of ESMP implementation on monthly basis with the monthly works progress report clearly stating how the previous recommendations, instructions, corrective measures have been worked on. Depending on the implementation status of environmentally sensitive areas of the project, NEMC will undertake environmental inspections in which environmental concerns raised or emerging compliance challenges will be addressed alongside project implementation.
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10.0 RESOURCES EVALUATION
10.1 Introduction
Since the project is just rehabilitation of the existing road, conventional cost benefit analysis was used to assess costs and benefits of the project. The use of scarce resources for one activity denies the use of the same resources to other activities. The use of available resources should therefore be linked to the benefits realized from undertaking such a project as opposed to the cost of foregoing the other activities competing for the same resources. It is therefore inevitable to undertake economic analysis before embarking into a project in order to determine the economic justification.
10.2 Transport Costs
Transport cost consists of both the cost of providing the road infrastructure and the cost of operating the vehicles. The cost of providing the infrastructure includes the initial cost of constructing the road and maintenance costs throughout the design life of the infrastructure facility. The cost of operating vehicles include among other, operating costs due to roughness of the road, travel time cost, cargo delay cost, pollution cost and accident costs. While the cost of providing the infrastructure is borne by the responsible agency, the cost of operating the vehicles is borne by the operators and the society.
10.3 Methodology
The approach used in the economic analysis of the proposed rehabilitation of Lusahunga – Rusumo road (92Km) consists of evaluation of the transport costs involved in “Without” and “With” project cases. The “Without” project case defines a situation in which the existing minimum maintenance practice of the paved road prevails throughout the analysis period (i.e. 20 years design period). The “With” project case defines the rehabilitation of the road followed by setting up an appropriate maintenance regime for the road throughout the 20 year analysis period. The road capital and maintenance costs, passenger time costs and vehicle operating costs involved during each year of analysis, have been compared between the two project cases and discounted back to the base year, using an appropriate discount rate and summed to obtain the Net Present Value. The discounted Costs and Benefits were further used to calculate the Benefit/Cost ratio, the Internal Rate of Return (IRR %) and the First Year Benefits (FYB %).
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10.4 Evaluation Model
The Highway Design and Management Model (HDM-4 version 2.04) has been used to perform the economic analysis of the road rehabilitation project. HDM-4 was developed by the International Study of Highway Development and Management (ISOHDM) and it is the successor of the widely used HDM-III model which was developed by the World Bank during the period 1980-1986.
10.5 Definitions
10.5.1 Opportunity Cost of Capital (OCC)
For investment by commercial enterprises, the time cost of money is assumed to be an average of the short term and long-term rates of interest. When the effect of public investment in highways is considered, the interest rate must reflect the return on investment in the national economy. An OCC of 12% has been used in this study.
10.5.2 Net Present Value (NPV)
The NPV of a given investment is obtained by subtracting the present value of the costs from the present value of the future benefits. The benefits as well as the costs were discounted at the OCC discount rate. The investment is viable if the NPV is positive.
10.5.3 Internal Rate of Return (IRR)
The IRR of a given project is defined as the discount rate at which the present value of benefits and the present value of costs are equal. It is a measure of the marginal efficiency of capital. For a project to be viable, the IRR has to be greater than the OCC rate.
10.5.4 First Year Benefits
The First Year Benefits (FYB %) is defined as the ratio, in percent, of the net benefit realized in the first year after construction (or improvement) completion to the increase in total capital cost. FYB gives a rough guide to project timing, if it is greater than the discount rate, then the project should go ahead, otherwise it should be delayed until it satisfies the criterion.
10.6 Shadow Pricing
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10.6.1 Financial and Economic Costs
It is required to use the economic costs as opposed to financial costs in the economic analysis. Prices of goods in the market include taxes and duties which are merely transfer payments and do not constitute the resource cost. To convert financial Costs to economic costs therefore taxes and duties need be eliminated and the Cost Insurance and Freight (CIF) and free-on-board (FOB) prices used in case of imported and exported goods respectively. Shadow pricing is also applied in order to eliminate distortions in the market prices of foreign exchange and labor. Foreign Exchange Foreign exchange need to be evaluated using a Shadow Exchange Rate which eliminates in the Official Exchange Rate the market distortions due to imposition of trade barriers such as import quotas, tax barriers and tax on imports. In Tanzania, Foreign Exchange has been liberalized and the Tanzanian Shilling is, for practical purposes, a currency fully convertible at current market rates, the conversion factor applied to all expenditures in foreign currency amounts to unity.
Labor Distortion in the labor market results if the market wage payable for labor by the government ministries and large projects are higher than the marginal value product of labor elsewhere. A shadow wage rate needs to be calculated for unskilled as well as skilled labor to be used for the project. Taking into consideration the widespread unemployment and under-employment in Tanzania the market wages for skilled and unskilled labor can be considered as shadow wages.
10.6.1 Conversion from Financial to Economic Costs
Standard Conversion Factor An alternative method for shadow pricing is to establish a factor for conversion from financial to economic costs including construction and maintenance costs by calculating a Standard Conversion Factor (SCF) using the following formula: [Imports + Exports] / [Imports + Exports + Import Duties / Taxes + Export Subsidies] The conversion factors applied on similar recent studies ranged between 0.8 - 0.9. The Consultant has applied a standard cost factor of 0.9 for vehicle operating costs and 0.82 for construction costs which excludes 18% VAT.
10.7 Rehabilitation of Lusahunga - Rusumo road
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data have been obtained from the site during 2012 and 2013 during the economic report on 25, 26, and 28 August 2017.
10.7.1 Project Implementation
Detailed engineering design, tendering, award and mobilization have been assumed to be completed in 2019, while rehabilitation works are assumed to be completed after three years in 2021. The first year at which the road sections will be fully open for traffic has been assumed to be 2022.
10.7.2 Calculation Base Year
The calculation base year for the economic indicators, defined as the year at which all costs and benefits are discounted is 2018. This is also the statistical base year, which is the latest year from which important statistical data are available for evaluation of costs and benefits of each rehabilitation option.
10.7.3 Evaluation Period
The Evaluation period has been specified at 25 years commencing on the Calculation base year. The project costs and benefits have been discounted at 12% discount rate which is considered to be as close as possible to the opportunity cost of capital.
10.8 HDM-4 Project Road Network
The project road network has been pre-defined under the name Lusahunga - Rusumo road network in the Road Network folder in HDM4. The road has been considered as one homogenous section based on traffic, geometrical and pavement considerations. Table below contains a summary of the key physical attributes for each section.
Table 10.1: Existing Homogenous Road Section Attributes Item Lusahunga - Rusumo Length (Km) 91.97
Carriageway width (m) 6.5 Shoulder width (m) 1 Number of lanes 2 Flow direction Two ways
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Rise and fall (m/km) 27.7 Rise and fall (no/km) 3.3 Average horizontal curves (deg/km) 123.93 Altitude (m) 1,687 Paved surface type Surface dressing Number of surface layers 1
Surface layer thickness (mm) 30
Base type Crushed stone base (CRS)
Number of base layers 1
Thickness of base layers (mm) 150
Relative compaction (%) 98
Subgrade CBR (%) 15
Structural number 2.61
Area of all cracks (%) 85.72
Area of wide cracks (%) 58.8
Raveled area (%) 0.56
Number of potholes 5.6 Mean rut depth (mm) 8.5 2 Edge break (m /km) 1.29 Roughness (m/km) 3.8 Skid resistance (SCRIM) 50km/hr 0.4 Average texture depth (mm) 1.57 Drainage condition Good
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Traffic input consisted of normal traffic as shown in Tables below
Table 10.2. Year 2017 normal traffic
10.10 Vehicle Fleet Adopted
The vehicle fleet has been pre-defined in the vehicle fleet folder in HDM-4 as Lusahunga- Rusumo road vehicle fleet, consisting of NMT (Bicycles), Motorcycles, Cars, Pickups, 4WD’s, Light goods Vehicles (Trucks < 3.5 Ton), Medium Goods Vehicles (Trucks > 3.5 Ton, 2 axles), Heavy Goods Vehicles (Trucks >3.5Ton, 3 or 4 axles), Very Heavy Goods Vehicles (Semi trailers-ST and Full trailers-FT), Mini buses < 25passengers and Large buses > 25 passengers. 10.11 Project Alternative Cases
Two project alternative cases have been considered, “Without” project case and “With” project case. The “Without” project case represents a continuation of current minimum maintenance practice, consisting of pothole patching when potholing exceeds 1 No/km, and heavy patching when wide structural cracking exceeds 5%. The “With” project case represents the implementation of the project by reconstructing it to asphalt concrete (AC) surface standard. After re-construction, the road will receive a more intensive maintenance, apart from patching, crack sealing and edge repair consisting of resealing at every 8 years and overlay at 6 IRI (m/km)
10.12 Improvement options
The specifications for rehabilitation standards include details of geometric characteristics of the road sections after rehabilitation and type of undertaken rehabilitation. The following rehabilitation option was recommended in the M/s Nicholas O’Dwyer Consulting Engineers in association with M/s Apex Engineering Co Ltd Tanzania 2013 study consisting of reconstruction to asphalt concrete (AC) surfacing and double surface dressing of shoulders, new CRR base layer, C2 upper sub-base layer by cement stabilization of existing crushed stone base layer; and C1 lower sub-base layer by stabilization of existing natural gravel sub-base layer.
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A summary of the maintenance operations and the intervention limits are given in table below.
Table 10.3: Recommended rehabilitation options
10.13 Road User Costs (Vehicle operating and time costs)
Vehicle operating and time cost data that have been used in the analysis are based on the 2004 TANROADS study done in collaboration with DHV Consultants which has been updated in 2012 prices (for which official published data were available) see Table 10.7 below. New vehicle and tyre prices were updated to 2013 prices.
Table 10.4:Vehicle operating characteristics and cost data
Source: TANROADS -2004 Vehicle Operating Cost Study and Consultant’s 2013 price update
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10.14 Evaluation Alternatives
The alternatives that have been adopted in the analysis are ALT0, ALT1 and ALT2 as described below: ALT0 is the Base Alternative; ALT1 is Rehabilitation Option1; and ALT2 is Rehabilitation Option 2.
10.15 Endogenous Quantified benefits
The potential benefits described in this section may accrue to the economy of the country if the project is implemented. These will be calculated and analyzed internally by HDM4.
10.15.1 Saving in Vehicle Operating Costs due to Normal Traffic
This is the largest single benefit arising from rehabilitating the project road sections. As mentioned earlier, the calculation of VOC savings has been done by comparing the vehicle operating cost between the “Without” and “With” project cases. With other parameters kept constant, VOCs are very sensitive to road roughness. Under the “Without” and “With” project cases the roughness values for Lusahunga - Rusumo road section have been evaluated between 2-16 IRI (m/km) during the 20 year analysis period.
10.15.2 Savings in Maintenance Costs
Saving / not saving in maintenance costs will arise from a shift of maintenance policies of existing paved road consisting of patching, crack sealing, edge break repair (in the “Without” project case) to patching, crack sealing, resealing and an overlay in the “With” project cases. If the ‘With” and “Without” project road maintenance costs are compared, the maintenance cost saving can be established.
10.15.3 Savings from generated traffic
Generated traffic benefits follow the consumer surplus theory in which travellers are induced to travel as long as the transport cost they incur equals their willingness to pay. Generated traffic benefits are assumed to be half the reduction in normal traffic vehicle operating and time costs.
10.15.4 Accident Savings in Cost-Benefit Analysis
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Until now, the TRL-ODA, Overseas Road Note 10 provides different approaches for costing road accidents in developing countries. These include: • Gross output approach involving loss of future output; • Net output approach where by discounted value of victims future consumption is subtracted from the gross output above; • Life insurance approach whereby the cost of road accident or value of road accident prevention is directly related to the sums for which individuals are willing (or are able to insure) their limbs etc.; and • The court award approach whereby sums awarded by the courts to the surviving dependents of those killed or injured as a result of crime or negligence are regarded as indication of the society associations with accidents. Road accident costs (and values of prevention) are difficult to determine and with no data bank it is difficult to predict changes in road accidents following a specific improvement. Further, even if accident benefits were to be included their effect on the economic appraisal would be minimal. In view of the above, the Consultant has not included accidents in the economic analysis. 10.15.5 Salvage Value
It has been assumed that there will be residual value of the pavement, drainage structures and bridges/culverts at the end of analysis period. To that effect, Salvage Value at 20% of initial construction cost has been applied in the analysis. 10.16 Results of the Analysis
The results relate to the project alternatives ALT1 and ALT2 as compared to Base Alternative ALT0. The economic indices are the Internal Rate of Return (IRR %), Net Present Value (NPV) and NPV/Cost ratio at 12% discount rate. The Lusahunga - Rusumo road section yielded positive IRR’s, NPV’s and NPV/Cost ratios at 12% discount rate for both ALT1 and ALT2. Both the project alternatives ALT1 and ALT2 yielded IRR’s greater than the cut-off point of 12%. Option 1 involving reconstruction to asphalt concrete (AC) surface, CRR base material, C2 upper subbase from existing base course material and C1 lower subbase from existing natural gravel subbase material has yielded the most positive IRR at 15.5% and a positive NPV at 12% discount rate of US$33 million and NPV/Cost ratio of 0.4.
Table 10.5: Results of the Economic Evaluation Alternative Net Present Value Internal rate of Net present (US$ return (IRR%) value/cost ratio millions) Base Alternative 0.000 0.000 0.000 (ALT0) ALT1 91.68 21.9 0.971
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ALT 2 85.75 20.7 0.843 Source: Economic review report 2017
10.17 Conclusion
As a result of the economic analysis, the Sensitivity Test, Construction Cost and Normal Traffic AADT Switching Value analysis above, ALT1 (Reconstruction to AC surface, CRR base material) is the most economically feasible option for implementation.
10.18 Recommendations
In view of the above, it is recommended to reconstruct to asphalt concrete (AC) surfacing and double surface dressing of shoulders, new CRR base layer, C2 upper sub-base layer by cement stabilization of existing crushed stone base layer; and C1 lower sub-base layer by stabilization of existing natural gravel sub-base layer the Lusahunga - Rusumo road section (92 km).
11.0 DECOMMISSIONING
11.1 Decommissioning
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Decommissioning is not anticipated in the foreseeable future. However, if this will happen, may entail change of use (functional changes) or demolition triggered by change of land use. In view of this, specific mitigation measures pertaining to environmental impacts of decommissioning works cannot be proposed at the moment with a reasonable degree of certainty. A decommissioning plan that takes environmental issues into consideration shall be prepared by the developer prior to the decommissioning works. Should it be done, decommissioning may entail change of use (functional changes) or demolition triggered by change of land use.
12.0 SUMMARY AND CONCLUSION
The ESIA study results show although some limited negative environmental implications of the project, the road will have high socio-economic benefits to the people of Biharamulo and Ngara Districts, Kagera Region and adjoining regions as well. The associated negative impacts, to a large extent have been minimized through good engineering design and envisaged construction practices. Specific mitigation measures have been suggested
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in this report to offset some of the inherent adverse impacts. Implementing these mitigation measures would increase environmental soundness of the project road. It is, therefore, concluded that, implementation of the proposed Lusahunga - Rusumo Road will entail no detrimental impacts provided that the recommended mitigation measures are adequately and timely put in place. The identified adverse impacts shall be managed through the proposed mitigation measures and implementation regime laid down in this EIS. TANROADS is committed in implementing all the recommendations given in the EIS and further carrying out the environmental auditing and monitoring schedules.
BIBLIOGRAPY
1. Standard Specifications for Road works 2000 by MoW 2. Socio economic Profile Ngara District 2014 3. Socio economic Profile Biharamulo District 2012
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4. United Republic of Tanzania, 1997. National Environmental Policy (1997 ), Dar es Salaam, Tanzania 5. United Republic of Tanzania, 2003. Construction Industry Policy (2003), Dar es Salaam, Tanzania 6. United Republic of Tanzania, 1995. Land Policy (1995) , Dar es Salaam, Tanzania 7. United Republic of Tanzania, 2000.National Human Settlements Development Policy (2000) , Dar es Salaam, Tanzania 8. United Republic of Tanzania, 2002. National Gender Policy (2002) , Dar es Salaam, Tanzania 9. United Republic of Tanzania, 1992.Energy Policy (1992) , Dar es Salaam, Tanzania 10. United Republic of Tanzania, 2004. Environmental Management Act No. 20 (2004), Cap. 191 , Dar es Salaam, Tanzania 11. United Republic of Tanzania, 2009. Water Supply and Sanitation Act No. 12 (2009) , Dar es Salaam, Tanzania 12. United Republic of Tanzania, 2003.Occupational Health and Safety (2003) , Dar es Salaam, Tanzania 13. United Republic of Tanzania, 2004. Employment and Labour Relations Act No. 6 (2004) , Dar es Salaam, Tanzania 14. United Republic of Tanzania, 2004. Employment and Labour Relations Act No. 6 (2004) , Dar es Salaam, Tanzania 15. United Republic of Tanzania, 2007. Engineers Registration Act and its Amendments 1997 , Dar es Salaam, Tanzania (2007) 16. United Republic of Tanzania, 1997.The Contractors Registration Act (1997) , Dar es Salaam, Tanzania 17. United Republic of Tanzania, 2009. Public Health Act (2009) , Dar es Salaam, Tanzania 18. United Republic of Tanzania, 2000. The Tanzania Development Vision (2000) , Dar es Salaam, Tanzania 19. United Republic of Tanzania, 2005 Impact Assessment and Auditing Regulations (2005) , Dar es Salaam, Tanzania 20. The design review reports of the project
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APPENDICES
Appendix I: Terms of Reference
TERMS OF REFERENCE FOR UNDERTAKING THE ENVIRONMENTAL IMPACT ASSESSMENT STUDY FOR THE PROPOSED REHABILITATION OF LUSAHUNGA – RUSUMO (92KM) ROAD TO BITUMEN STANDARD
1.0 INTRODUCTION
The Government of the United Republic of Tanzania through TANROADS has received a credit from the International Development Association (IDA) towards the cost of the Tanzania Transport Corridor Development Project and intends to apply part of the proceeds of this credit to eligible payments under the Contract for rehabilitation of Lusahunga - Rusumo Road (92Km). The road improvement is part of the Government strategy to develop its road network to support the socio-economic development of the country. The Lusahunga - Rusumo road plays a secondary role as International roads for export/import traffic of Rwanda, Burundi and Eastern Democratic Republic of Congo to and from the Dar es Salaam port, Uganda and the port of Mombasa in Kenya. The road also connects areas with variety of potential economic opportunities such as agriculture, livestock, forestry & minerals, fisheries and wildlife & tourism. Moreover, people living along the road and neighboring villages will significantly benefit as their agricultural products will be easily transported to business centers (Ngara, Biharamulo town, Kahama, Bukoba, etc). On top of rehabilitation, the road shall lead to savings in vehicle operating costs (VOC), and travel time leading to reduction in transport costs to the users. The project road starts at Lusahunga centre through Nyakasanza and Benako and ends at Rusumo Border (Tanzania and Rwanda). Out of 92km of the project road, 63km are located in Biharamulo district and the remaining 23km are located in Ngara District. The Project road traverses through four villages in Biharamulo district namely Lusahunga, Kikoma (Lusahunga Ward), Ngararambe and Nyabugombe, (Nyakahura ward) while on the Ngara district side there are two villages of Kasulo (Kasulo ward) and Rusumo (Rusumo ward). The Lusahunga – Rusumo road was upgraded in 1985 to bitumen standard for a design life of 15 years. The road consists of 1 major Rusumo bridge, 27 box culverts 52 steel pipe culverts and 8 reinforced concrete culverts. Currently, the road has deteriorated drastically due to pavement aging despite of efforts that are been carried out by the TANROADS Kagera Regional Manager to maintain and repair it. The Environmental and Social Impact Assessment is formally conducted in accordance with the requirements of the Environment Management Act No.20
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of 2004 and Environmental Impact Assessment and Audit Regulations (2005) of Tanzania with full cognizance with the Guidelines of the World Bank's Environmental and Social Safeguard Policies. Other important legal provisions providing guidance on environmental issues pertaining to road sector such as the Road Act (2007), Environmental Code of Practice for Road works (2009) and Environmental Assessment and Management Guidelines in the Road Sector (2004) are used in the undertaking Environmental and Social Impact Assessment.
2.0 SCOPE OF THE STUDY
Task (I): Introduction The Consultant shall provide description or profile of the developer, background to the project proposal and its justification, need and purpose of undertaking the study, EIA study methodologies and approaches applied and structure of the report.
Task (II): Description of the Proposed Project The Consultant shall describe project components and activities to be implemented in each phase of project life cycle i.e. pre-construction, construction, post-construction (demobilization) and operation. This part is meant to give a general idea of what the project will entail. To avoid unnecessary details, focus on the project activities based on project phases i.e. mobilization or pre-construction phase, construction phase, operation phase and decommissioning and demobilization phase. The description shall include the following information:
Background information: Background information shall include: Title of the proposed project and developer; Project justification and objectives; Funds and source of funding or financier(s); Project location including maps of appropriate scale; Project design, size, and capacity; Area of influence of the road works; Project life span and Project components; Land size required; Description of Project activities shall include the following:
Mobilization or Pre-construction activities; Describe issued pertaining to land acquisition; construction camp and site workshop; project design; land dispossession and property evaluation; relocation and compensation arrangements;
Construction activities; Describe all associated activities during construction work such as extraction of raw materials and water; blasting; cut and fill; land clearance; soil and gravel compaction and levelling, demolition of structures along the road reserve; liquid and solid waste generation and disposal; etc.
Operation and maintenance activities; Identify and describe all the associated activities to be conducted during road operation and maintenance such as road safety measures, operation and management of road facilities along the road such as public toilets, etc.
Demobilization and decommissioning activities Identify and elaborate on the activities to be conducted during demobilization or decommissioning of the road project including movement and demolition of construction facilities, restoration of borrow pits, termination of the temporary workers’ employment, waste management, etc.
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Project Requirements: Identify all types, sources and quantities of construction materials, equipments and chemicals required by the project. Source and quantities of water, energy, manpower (Staffing and support) and other facilities and services required in each phase of project life cycle;
Task (III): Provide Baseline Condition or Description of the Environment In order to forecast the impacts, it will be necessary to determine the initial reference or baseline state. It is therefore, required to describe the existing environment that would be directly and/or indirectly affected by the construction of the proposed rod project. The ‘environment’ to be affected must be based on the broad definition of the term that would include biophysical, socio-economic, cultural and historical factors. Only those environmental factors that are necessary to understand the impacts of the planned development should be considered. Assemble, evaluate, and present baseline data on the relevant environmental characteristics of the study area. Include information on any changes anticipated before the project commences.
(a) Physical environment: This shall cover geology; topography; soils; climate and meteorology; ambient air quality; surface and groundwater hydrology; existing sources of air emissions; existing water pollution discharges; and receiving water quality;
(b) Biological environment: flora; fauna; rare or endangered species; ecologically Important or sensitive habitats, including Game and Forest reserves, significant natural sites; species of commercial importance; and species with potential to become nuisances, vectors, or dangerous (of project site and potential area of influence of the project); and
(c) Socio-cultural environment: population; land use; planned development activities; Community structure; employment; distribution of income, goods and services; recreation; public health; Gender issues and HIV/AIDS, cultural / historic properties; tribal peoples; and customs, aspirations, and attitudes to the project.
The consultant shall indicate sources of data and methodologies used to acquire data. The relevant international and national standards of noise levels, water and air quality etc. must be applied when comparing between the existing and anticipated impact of project.
Task (IV): Describe Legal, Policies and Administration Framework Describe the policy, legal, institutional framework as well as Regulations, strategies, standards, international conventions and treaties that are of relevance to the environmental management and the proposed undertaking in particular. They should be those, which relate to but not limited to environmental quality, health and safety, protection of sensitive areas and protection of endangered species. The objective of this section is to show compliance of the developer with the existing policies, laws administrative/institutional conditions both at national and international levels.
The following, but not limited to, are the relevant policies and legislation to be cited in relation to the proposed project undertakings:
Relevant policies and legislation to the proposed road projects Policies, Regulations and Guidelines Legislation Tanzania Wildlife Policy (1998); Road Act (2007); National Environmental Policy (1997); Environmental Management Act (2004); National Water Policy (2002); Railway Act No 4 (2002) National Forest Policy (1998) Energy and Water Utilities Authority National Gender Policy (2002) (EWURA) Act (2001)
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Transport Policy (2002) Water Resources Management Act No Agriculture and Livestock Policy (1997) 11 of (2009), National Land Policy (1995) Beekeeping Act No. 15 (2002) National Mining policy (1997) Mining Act 2010; National Mineral policy (1998) Occupational Health and Safety Act Energy Policy (1992) (2003) National Human Settlement Development HIV and AIDS (prevention and Control) Policy (2000) Act No. 28/08 (2008) National Policy on HIV/AIDS (2001) Wildlife Conservation Act (2009); Construction Industry Policy (2003) Local Government Laws (Miscellaneous Amendments) Act (1999); Regulations, Strategies and Guidelines: TANAPA Act (1959); Environmental Impact Assessment and Audit Village and Urban Land Acts (1999); Regulations (2005); Land Act No. 2/04 (2004), amendment Mining (Environmental management and of the Land Act (1999); Protection) Regulation (1999) Forestry Act No. 14 (2002); Environmental Assessment and Management Antiquities Act (1964), Rules 1999 Guidelines in the Road Sector (2004); Land Regulation (2001); and Employment and Labour Relations Act National Strategy for Growth and Reduction of (2004) Poverty (NSGRP - MKUKUTA -2003) Explosives Act (1963 ) Environmental Code of Practice for Road Urban Planning Act (2007) Works (2009); Land Use Planning Act (2007) Tanzania Development Vision 2025 (2000) Worker’s Compensation Act (2008) Road Sector Compensation and Resettlement Guidelines (2009)
Furthermore, the consultant shall clearly describe the linkage between the functions of the relevant Institutional or administrative frameworks in Tanzania and the proposed project undertakings;
Task (V): Stakeholder Consultations and Public Involvement. The Consultant shall identify and consult all the relevant stakeholders at national, regional and local levels. These include the Government Agencies, local NGOs, affected groups and other interested parties in order to obtain their views regarding the proposed road works. Indicate who are they, where are they, why they are important in this project, which issues are critical to them and how they will be involved in the EIA study. Particular attention shall be paid to the disadvantaged groups (e.g. children, the elderly and women) that may be affected by the proposed road project.
The consultant shall describe methodology applied during stakeholder consultations and public participation such as consultative meetings, household, focus groups interviews and other most appropriate methods to establish public views on the proposed project. At least one meeting with district/town/municipal council Environmental Committee shall be held to obtain their views on the project and its implication to the environment and social aspects.
Consultant shall propose public consultation program during the EIA study and the most appropriate methods to establish public views should be used. The consultation process should be open and transparent to ensure that the views of interested and affected parties are incorporated in the project design. A summary of issues and response in table form indicting sections, which address them, should be prepared.
There should be evidence in the EIS to the effect that there were stakeholders’ consultations at all levels. Photographs, minutes of the meetings, names and signatures of consulted people could be useful in this regard.
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Among others the consultations should ensure the involvement of the following: Ministry of Work, Transport and Communication; Ministry of Water and Irrigation; TANROADS; Ministry of Natural Resources and Tourism such as Forestry Division; Local Governments in the project area; National Environment Management Council; Division of Environment -Vice President’s Office; and Local Communities.
Task (VI): Analysis of Alternatives to the Proposed Project The Consultant shall describe different project alternatives that were examined in the course of designing the proposed project and identify other alternatives, which would achieve the same objectives. Including the ‘No action’ alternative to demonstrate environmental and social conditions without the project, consideration of alternatives should extend to sitting, design, technology, construction techniques, phasing and schedule, and operating and maintenance procedures alternatives.
Compare alternatives in terms of potential environmental and social impacts; capital and operating costs; suitability under local conditions; and institutional, training, and monitoring requirements. When describing the impacts, indicate which are irreversible or unavoidable and which can be mitigated. To the extent possible, quantify the costs and benefits of each alternative, incorporating the estimated costs of any associated mitigating measures. Various environmental and social criteria should be developed to select the best road alternatives.
Task (VII): Impact Identification and Assessment The Consultant shall identify, analyse and assess environmental and social impacts of the proposed road works on natural resources, human beings and the ecosystems based on the phases of project life cycle i.e. mobilization or pre-construction phase, construction phase, operation phase and decommissioning and demobilization phase. Methods applied in impact identification and the criteria used in evaluating the levels of impacts significance of the proposed road works must be specified.
The impacts analysis should focus on both positive and negative impacts and be able to state whether the impacts are positive or negative; direct or indirect; short term or long term; reversible or irreversible. The Assessment should focus on the potential for negative environmental and social impacts caused by planned and unplanned (spontaneous) in-migration of people; clearing of forest lands for agriculture; increased pressure on fuel wood, fodder and water resources; social disruptions and conflicts; and threats to woodlands and wildlife species composition and habitats.
The assessment should also examine the potential for linear resettlement that usually involves projects producing linear patterns of land acquisition. An overview shall be provided of different groups of people and their cultural, ethnic, and socio-economic characteristics, and how they are likely to benefit and/or be negatively affected by the project. Negative impacts may include but not be limited to physical relocation, loss of land or other physical assets, or loss of access to livelihood. The consultant should identify the properties along the proposed road, which will be affected by the implementation of the road. The type and number of the properties to be affected should be indicated. Furthermore, the names and address of the properties’ owners should be indicated.
The EIA study should clearly identify and analyse cumulative, residue and trans- boundary impacts. Wherever possible, describe impacts quantitatively, in terms of
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environmental components affected (area, number), environmental and social costs and benefits. Assign economic values when feasible. Characterize the extent and quality of available data, explaining significant information deficiencies and any uncertainties associated with the predicted impacts.
The Consultant should take into consideration existing by-laws, national and international environmental standards, legislation, treaties, and conventions that may affect the significance of identified impacts. The Consultant shall use the most up to date data and methods of analysing and assessing environmental and social impacts. Uncertainties concerning any impact shall be indicated.
The Consultant shall conduct a review of gender issues in the project area, the study shall include the road section influence to the lives of men, the elderly, women, children, and disabled so as to come up with a quantifiable analysis of the benefits which will accrue to them during and after the road construction.
Task (VIII): Proposed Impact Mitigation Measures The Consultant shall suggest cost-effective measures for minimizing or eliminating adverse impacts of the proposed road works. Measures for enhancing positive or beneficial impacts should also be recommended. The costs of implementing these measures shall wherever possible be estimated and presented.
The Consultant shall review the ongoing measures on HIV/AIDS awareness creation within the project area and propose for the mitigation measures. The proposal shall include a plan of action, which will identify responsible key implementers, time frame and expected out put.
The proposed mitigation measures and cost estimate shall be grouped in a separate Bills of Quantities (BOQ) for the project and should also include cost of supervision for the implementation of mitigation measures.
Task (IX): Resource Evaluation or Cost Benefit Analysis. The Consultant shall undertake qualitative and quantitative analysis of costs and benefits to determine the viability of the proposed project on the environment, social and economic aspects. The Economic Internal Rate of Return (EIRR) and Net Present Value (NPV) of the project at recommended discount rate of 12% should be calculated and provide interpretation of the results.
Task (X): Environmental Management Plan (EMP) The Environmental Management Plan focuses on three generic areas: implementation of mitigation measures, institutional strengthening and training, and monitoring. The Consultant shall prepare Environmental and Social Management Plan, which will include proposed work program, budget estimates, schedules, staffing and training requirements and other necessary support services to implement the mitigation measures. Institutional arrangements required for implementing this management plan shall be indicated. The cost of implementing the monitoring and evaluation including staffing, training and institutional arrangements must be specified. Where monitoring and evaluation will require inter-agency collaboration, this should be indicated.
Identify institutional needs to implement environmental assessment recommendations. Review the authority and capability of institutions at local, regional, and national levels and recommend how to strengthen the capacity to implement the environmental and social management and monitoring plans. The recommendations may cover such diverse topics as new laws and regulations, new agencies or agency functions, inter-sectoral arrangements, management procedures and training, staffing, operation and maintenance training, budgeting, and financial support.
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EMP should specify impact mitigation plan and environmental monitoring plan requirement. Inject costs, responsibility and timeframe for mitigating each impact and monitoring of each environmental parameter. Impact Mitigation plan and monitoring plan should be based on the project phases i.e. mobilization or Pre-construction, Construction, Operation, Demobilization and Decommissioning phase.
Task (XI): Property Valuation and Resettlement Action Plan
The Consultant shall deploy a Registered Valuer for valuation and marking of all properties to be affected by the project within the Right of Way and Road corridor. The exercise should be conducted in accordance with the National Land Act No 4 and 5 of 1999 and Land Regulations of 2001. The Property Valuation Report should be prepared and submitted to TANROADS.
The Property Valuation Report should indicate in specific, names, place, properties and costs for each affected person, also includes; Disturbance allowances, Accommodation allowances and Transport allowances.
The EIA Consultant shall include a brief description of Property Valuation report as established by the Valuer by indicating types and amount of properties to be affected within the road corridor and reserve area by specific location. The brief should also include a total compensation cost of affected properties.
3.0 REPORTING
Notwithstanding the above requirements, the contents and the structure of the Environmental and social Impact Assessment Report should be in accordance with the Regulation 18(2) of the Environmental Impact Assessment and Audit Regulations of 2005.
The EIS should be concise and limited to significant environmental Issues. The main text should focus on actions supported by summaries of the data collected and citations for any references used in interpreting data. Detailed or un-interpreted data are not appropriate in the main text and should be presented in appendices or a separate volume. Unpublished documents used in the EIS may not be readily available and should also be assembled in appendices. Organize the EIA and SIA reports according to the outline below.
3.1 Format of the Non-Technical Executive Summary This should be a brief stand-alone document both in Kiswahili and English languages as required by Regulation 19(2). It should be presented starting with the main findings, conclusions and recommendations
3.2 Format of the Environmental Impact Assessment (EIA) report closely contains the followings: i. The cover page to indicate the names and address of the Client, EIA Consultant and the Reviewer (NEMC) ii. The Executive Summary of the report should reflect the Regulation 18 (3) requirements; iii. Chapters:
a. Introduction b. Project Background and Description Existing condition of the road
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Project activities based on phases of the project life cycle i.e. Mobilization/pre-construction, construction, demobilization, operation and decommissioning phases. c. Policy, Legal and Administrative Framework d. Baseline or existing environmental Conditions e. Stakeholders Consultations and Public Participation f. Project alternatives g. Identification and analysis of Impacts h. Mitigation Measures i. Resources Evaluation or Cost Benefit analysis j. Environmental and Social Management Plan Action Plan for Management of impacts; Environmental and Social Monitoring Plan; Action plan for Auditing; Contingency Plan. k. Decommissioning/demobilization Plan l. Summary and Conclusions iv. References v. Appendices
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Appendix II: The Environmental Certificate
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Appendix III: Letter from NEMC that approved the Terms of References
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Appendix IV: Minutes and list of consulted stakeholders
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Appendix V: Different pictures for public meetings
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Appendix VI: Chance Finds Procedure
CHANCE FINDS PROCEDURE FOR LUSAHUNGA – RUSUMO ROAD PROJECT
A chance finds procedure is a project specific procedure which will be followed if previously unknown cultural heritage is encountered during project activities. A physical cultural resources as defined by the OP 4.11 , are movable or immovable objects, sites, structures, groups of structures and natural features and landscapes that have archeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance.
Applicability of the Chance Finds Procedure
The following procedure shall apply to all activities of the contractor for Lusahunga – Rusumo Road that will involve physical works that have the potential to uncover or otherwise disturb tangible cultural heritage or Physical cultural resources.
Under the project implementation arrangements, a contract will be put in place with an ‘on-call’ archaeological monitor (Consultant) who will advise on chance finds and any other cultural heritage issues arising from the Implementation of activities of the project.
Legal Requirements
There are two principal pieces of Tanzanian national legislation that pertain to chance finds: The Antiquities Act, 1964; The Antiquities (Amendment) Act, 1979 and Physical Cultural Resources (OP 4.11)
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The Antiquities (Amendment) Act, 1979 states that it should be read as one with the 1964 Act. The Antiquities Act, 1964 defines monuments and other protected objects, and it also sets out that in the case of a discovery (i.e. a chance find):
“….the occupier of any land who knows of any such discovery on or under such land, shall forthwith report the same to an administrative officer, the Commissioner [of National Culture], the Conservator [of Antiquities] or the Curator of the Museum. The discoverer of such a relic, monument, object or site shall take such steps as may be reasonable for the protection thereof and shall, where he makes a report concerning a portable relic or object, if so required (and on payment of the cost of delivery if any) deliver such antiquity or object to an administrative officer, the Commissioner, the Conservator or the Curator of the Museum, as the case may be.”
The Antiquities (Amendment) Act, 1979 sets out inter alia the Minster’s powers:
“….to declare any place or structure of historical interest to be a monument for the purposes of this Act” and sets out that: “The Minister, after consulting the Minister for the time being responsible for lands may, by notice in the Gazette, declare to be a conservation area any area or site which: (a) in his opinion is a valuable national heritage for its aesthetic value; or (b) contains a homogeneous groups of monuments; or (c) contains buildings, structures or other forms of human settlement which in his opinion are a valuable national heritage for their historical, architectural, social or cultural value” and:
“….no person except the Director or a person acting on his behalf, shall whether on his own land or elsewhere, a) excavate, dig or probe for monuments or relics; or b) remove or collect any relic or any object he supposes to be a relic from the site of its discovery, except for the purposes of protecting it and reporting the discovery under the provisions of section 10 or for the purposes of delivering it to the authorities if required to do so under that section; or c) search for or collect any ethnographical object, except under and in accordance with an excavation license or in the case of an ethnographical object, a collectors license issued by the Director [of Antiquities].”
Page 80 of 110: It also states that: “No person shall sell or exchange any relic discovered in sales Tanganyika, or any protected object, except under and in accordance with a license issued by the Commissioner.”
The World Bank’s Operational Policy (OP 4.11) Physical Cultural Resources provides that;
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“Project activities involving earthworks must include an approved Chance Finds procedure in construction contracts, to cover the possibility of discovering physical cultural heritage in the course of excavation”.
CHANCE FIND PROCEDURE The following procedural guidelines must be considered in the event that previously unknown heritage resources or PCRs are exposed or found during the life of the project.
Initial Identification and/or Exposure Heritage resources or Physical cultural resources may be identified during construction or accidently exposed. The initial procedure when such sites are found aim to avoid any further damage. The following steps and reporting structure must be observed in both instances:
1. The person or group (identifier) who identified or exposed the burial ground must cease all activity in the immediate vicinity of the site; 2. The identifier must immediately inform his/her supervisor of the discovery; 3. The supervisor must ensure that the site is secured and control access; and 4. The supervisor must then inform the relevant personnel responsible for at least the following portfolios: Community Liaison (CL), Environmental officer and Health and Safety (HS) of the project. 5. All construction activity in the vicinity of the find/feature/site will cease and TANROADS management and the authorities will be informed. 6. TANROADS will deploy a suitably qualified specialist to inspect the exposed burial and determine in consultation with the Ministry of Tourism and Cultural Heritage: The temporal context of the remains, i.e.: forensic, authentic burial grave or archaeological and; Graves that may encountered in the vicinity. 7. Should the specialist conclude that the find is a heritage resource protected in terms of the Antiquities Act, 1964; TANROADS will notify the Commissioner for National Culture 8. The Commissioner may require that an identification of interested parties, consultation and /or grave relocation take place; 9. Consultation must take place in terms of the Antiquities Act; and 10. Grave relocation must take place in terms of Grave Removal Act, 1969.
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Appendix VII: REVISED AND ADDITIONAL COMMENTS RESPONSE FOR ESIA OF LUSAHUNGA – RUSUMO ROAD PROJECT S/N WORLD BANK Comments Response Section addressed 1. Independent consultant: The original design was The ESIA report has been updated Chapter 1: Section 1.1; on done in 2014 by Nicholas O’ Dweyer Co. Ltd., and and incorporated historical Project Background and the original ESIA was done also in 2014 by the information regarding the updating Rationale (para 5) independent firm Techniplan International of the document. Consulting. Due to the changes in the project design, H.P. Gauff Ingenieure were appointed by East African Community to undertake the review of the existing Feasibility Study, Environmental and Social Impact Assessment Study and the Design for the project. The ESIA sent by the project team was updated in Aug 2018 by TECU (TANROADS Engineering Consulting Unit) and included the recommendations raised by H.P. Gauff in the Design Review Report.
2. Environmental Certificate: The ESIA for this The information on the validity of Chapter 1: Section 1.1; project already has the Environmental Certificate EC has been stated in the ESIA Project Background and (Application Ref. No. 2433 and Registration No. report. Rationale; para 7 EC/EIA/2690), but due to the changes in the design of the project, it is not clear if the current EC should be updated or not. Please, confirm in the document if the EC should be updated or not. If it is not necessary, will be helpful to include it in the Annex evidence from NEMC confirming that is not necessary to update the ESIA.
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S/N WORLD BANK Comments Response Section addressed 3. Legal and institutional framework: Chapter 3 doesn’t mention the legal instruments of The legal instruments of cultural Chapter 3: Section 3.3.22; cultural heritage (Antiquities Act of 1964, Act No. heritage (Antiquities Act of 1964, Antiquities Act of 1964 and the 10 of 1964, and the Amendment Act No. 22 of Act No. 10 of 1964, and the Antiquities Rules of 1991 1979); and the institution responsible for the Amendment Act No. 22 of 1979) cultural heritage aspects (Antiquities Department). and the Institution responsible for cultural heritage have been referred to and incorporated in the ESIA report. Additionally, the ESIA, and specifically the ESMP Chance Finds Procedure (CFP) Chapter 4: Section 4.2.23; doesn’t include Chance Finds Procedures. Please has been included in the ESIA Chapter 6: Section 6.5.13; include CFP based on the national law report based on the national law Chapter 7: Section 7.3.12; requirements and the Bank’s OP/BP 4.11 requirements and the Bank’s Chapter 8: Table 8.2 (Item guidelines. OP/BP 4.11 guidelines. No.15)
In regards of the institutional framework, this Other institutions involved in the Chapter 3: Section 3.7.2 section includes just the institution responsible for project, for example, TANROADS, and Table 3.4 the environmental management. Please, include Forest authority, Municipalities are also other institutions involved in the project, for included. example, TANROADS, Forest authority, Municipalities, etc.
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S/N WORLD BANK Comments Response Section addressed 4. World Bank’s OP 4.04: Natural Habitat The Policy has been referred to Chapter 3: Section 3.5.5 and Safeguard Policy. Section 3.5 doesn’t mention the and included in the ESIA report Chapter 4: Section 4.1.7. OP/BP 4.04 (Natural Habitat) policy in the list of the Bank’s safeguard policies. Please, include this policy and the rationale to trigger or not this policy. As mentioned in the baseline information (Section 4.1.7), along the road are some exotic and endangered species. 5. Stakeholders Consultation: It is not clear if the The ESIA report has been updated Chapter 1: Section 1.5.2.4 and draft ESIA was presented as part of the to include levels of stakeholders’ Chapter 5: Section 5.3. consultation process. According to the Bank’s participation. requirement for a Category A projects, at least two participation processes have to be carried out; at the beginning of the ESIA preparation (which as mentioned in the study was done), and at the end of the assessment with the draft ESIA. Please, confirm if this second participation process was done as part of the ESIA preparation
6. Road reserve: The technical design mentions Clarification on final RoW has Chapter 2: Section 2.2; (Section 7.4 Project Description) that the road been made i.e. the road will be Project Design and Activities in reserve corridor is 60 m, but the ESIA mentions in confined to 45m ROW and the General; and Section 2.4; section 2.2 (Project Design) 45m. Please, clarify in properties that will be found within Resettlement and both documents the final RoW that the project this area shall be compensated. Compensation Issues design will use, and the legal base to choose it. As mentioned in the ESIA, one of the major issues raised by stakeholders was in regards to the Demolition of Houses, and the concern was that
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S/N WORLD BANK Comments Response Section addressed there is lack of clarity on who is eligible for compensation, those who are within 45m RoW or only the ones who are between 45m and 60m?
7. Borrow pits and Quarries: As mentioned in the According to the Environmental Chapter 2: Section 2.3.4; ESIA, 9 potential borrow areas and 3 quarries Code of Practice for Road Works Gravel and Stone Aggregates sites were identified along the road. However, the (2009), the Contractor shall be Materials ESIA does not assess the E&S impacts of these required to prepare site specific potential sites. We would strongly recommend that ESMPs and Borrow Pit and Quarry Chapter 6: Section 6.5.11; the ESIA to provide a preliminary assessment of Site Rehabilitation Plans to be Loss of Definite Materials and the sites identified in order to guide the contractor approved by the Client and also Land Degradation; in the site selection. As mentioned in the results of shared with the Bank. the consultations, the non-rehabilitated borrow Chapter 7: Section 7.3.10; areas was one of the main concerns of the Loss of Definite Materials and communities based on their past experiences. The Land Degradation; specific ESMPs and RAPs for borrow pits and quarries should be sent to the Bank for review. Chapter 8: Table 8.1; ESMP; Item 12; Loss of Definite Materials and Land Degradation
8. Graves affectation: The baseline information During the site assessment no Chapter 5: Table 5.3; Item 9; doesn’t provide information about the potential graves were identified within the Raised questions and affectation of graves along the road. One of the 45m RoW. responses concerns raised by the people during the participation process (Table 5.3), was in regards During public consultation Chapter 8: Table 8.1; ESMP;
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S/N WORLD BANK Comments Response Section addressed of this issue and the answer of the consultant was meetings, the communities were Item 15; Loss of “graves will be relocated as required by grave given clarifications on the cultural/historical properties removal Act”. Please, include information about procedures for grave relocation in this issue in the baseline and propose the specific the event it has been encountered measures in the ESMP to mitigate/compensate by chance. Graves (Removal) Act, this impact. 1969 and the Antiquities Act of 1964 and the Antiquities Rules of 1991 shall be adhered to. 9. Estimated number of PAPs: Section 2.4 Estimated number of PAPs have Chapter 2: Table 2.11 mentions that the Table 2.11 shows the number of been included. Resettlement and affected persons, and compensation packages for Compensation Issues Buildings/ Structures, Land and trees, but the table doesn’t include the number of PAPs, just the amount of compensation. Please, include the estimated number of PAPs.
10. Specific measures and consideration for the Chapter 6: Section 6.5.12; detour roads during construction: Chapter 7 Land clearance within the 45m- Loss of Vegetation should include specific environmental and social road reserve will involve removal measures to minimize the potential risks and of vegetation that will inevitably be impacts of the detour roads during construction. encountered along the Chapter 7: Section 7.3.11; As mentioned in Section 6.5.12, the construction construction faces. Mitigation measures for the of temporary detours involves uprooting trees and loss of vegetation crops within the RoW during the land clearance that will have significant impacts on the forests During construction phase, there (Miombo Woodland) and plantations (Eucalyptus will be no detours except the traffic Chapter 8: ESMP Table 8.2, and Pines) which as mentioned in the study are that will be channeled within the Item 13 very near to the project road. In this regard, road corridor and therefore the
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S/N WORLD BANK Comments Response Section addressed special consideration should be included in the impact on vegetation and natural ESMP to minimize these potential negative habitats will be negligible. impacts on the forest and the economic activity of the people along the road.
11. Responsibility for project supervision. The Key players for implementation of Chapter 7: Section 7.3; responsibility for the ESMP implementation and ESMP are described. Mitigation measures for supervision is not clear. Section 7.3 mentions construction phase impacts “District Engineers of LGAs of Ngara and Biharamulo will be involved in supervision of the project; and the District Environmental Roles and responsibilities in terms Chapter 8: Section 8.1; Table Management Officers (DEMOs) will be availed of Institutional arrangement with 8.2; Environmental and Social with the site specific ESMP so that they can regard to implementation of the Management Plan prepare Action Plan to supervise the Consultant ESMP has been elaborated. and the Contractor”. Section 8.1 mentions “The implementation steps will involve the Contractor, The Contractor is responsible Chapter 9: Section 9.4; the Resident Engineer, District Councils, Road during the construction phase, but Institutional Arrangement in the Agency (TANROADS), road users and the local after decommissioning the Client is Implementation of the ESMP communities at large”. Please, clarify the role of responsible for monitoring each for the ESMP implementation and implementation of the ESMP. supervision. The comment is not applicable.
Section 8.4 states about TANROADS is not the responsible agent for the Environmental Audit and not about ESMP implementation, as mentioned in Section ESMP implementation 8.4, the party responsible for the ESMP The comment is not applicable. implementation is the Contractor.
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S/N WORLD BANK Comments Response Section addressed Section 8.4 states about Additionally, please clarify in section 8.4 that the Environmental Audit and not about Contractor and the Supervision Firm will include ESMP implementation as part of the team full time environmental and Chapter 8: Section 8.6; and social specialists (not part-time basis). Chapter 9: Section 9.4
Review also Section 8.6 that mentions that the supervisor shall be engaged for at least 3 man- days a month during construction. The statement Chapter 8 & 9 have been refined included in section 9.4 is correct “contractor and for consistency supervising engineer will have environmentalists and sociologists who shall see the day to day activities on site”. Please, review Chapter 8 and 9 to be consistent. 12. Environmental Audit: Please, include more According to Environmental Act Chapter 8: Section 8.4 information about the Environmental Audit (2004), there are three types of proposed in Section 8.4. When are environmental Environmental Audits i.e. Initial audits expected? At the midterm of the project? At Environmental Audit (for projects the end of the construction before the project which were operational before closes? enactment of Environmental Act), Self-Audit (carried out by the project proponent if deemed necessary) and Control Audit (undertaken by the Environmental Authority upon its decision to comply with the law).
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S/N WORLD BANK Comments Response Section addressed 13. Chance Finds Procedures: The ESIA, and The legal instruments of cultural Chapter 3: Section 3.3.22; specifically the ESMP should include Chance heritage (Antiquities Act of 1964, Antiquities Act of 1964 and the Finds Procedures based on the national law Act No. 10 of 1964, and the Antiquities Rules of 1991; requirements (Antiquities Act of 1964, Act No. 10 Amendment Act No. 22 of 1979) Appendix VI; of 1964, and the Amendment Act No. 22 of 1979) have been referred and and the Bank’s guidelines (OP/BP 4.11). Please incorporated in the ESIA report. Chapter 4: Section 4.2.23; include a specific section in the ESMP about this Chapter 6: Section 6.5.13; requirement. Chance Finds Procedure (CFP) Chapter 7: Section 7.3.13; has been included in the ESIA Chapter 8: Table 8.2: (Item document based on the national No.15) law requirements and the Bank’s OP/BP 4.11 Guidelines. 14. H.P. Gauff Ingenieure recommendation: Some of the H.P. Gauff Ingenieure recommendations were not considered in the updated ESIA. For example: i. Contractor’s ESMP: One of the main The Contractor’s Environmental Executive Summary; recommendation from H.P. Gauff Ingenieure was and Social Management Plan the preparation of the Contractor’s Environmental (CESMP) has been detailed in the Chapter 8: Section 8.2.1; and Social Management Plan (CESMP) that must document Mandatory Safeguards be prepared before construction commences. This Tools recommendation should be highlighted in some sections of the document (Executive Summary, ESMP, etc.). ii. Camp Site: The ESIA doesn’t mention anything Information on location of the Chapter 2: Section 2.5; about the potential location of the contractor’s and Contractor’s and Engineer’s camp Camp sites Engineer’s campsites. H.P. Gauff Ingenieure sites has been explained in the identified three potential locations and ESIA report.
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S/N WORLD BANK Comments Response Section addressed recommends the Benako area. The ESIA should include this preliminary assessment and identify the potential impacts and risk. iii. Occupational Health and Safety: The issue of Occupational health and safety is Chapter 7: Section 7.3.6; occupational health and safety is described in the described in the updated ESIA and Occupational Safety and updated ESIA, but it doesn’t include the specific has included the specific Health Risks recommendation of H.P. Gauff Ingenieure in recommendation of H.P. Gauff regards to the requirement of a specific Health Ingenieure. Chapter 8: Section 8.2.1; and Safety Plan (HSP) to guide the contractor Mandatory Safeguards while working at site and at the camp site. This Tools; and Sub- section b: HSP should be prepared by the contractor and should be approved by the Resident Engineer and Site-Specific Health and TANROADS. Safety Management Plan (HSMP) 15. Appendices: The first Appendix is number II, The Appendices have been Appendices please confirm if there is an Appendix I reorganized to include a total of VI Appendices; Appendix I is the ToR;
ADDITIONAL COMMENTS 1 Executive summary: The, the Gender Based The insertion is accepted Executive summary Violence and Sexual Exploitation and Abuse -Potential impacts (GBV/SEA) was not included in the list of significant impacts.
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S/N WORLD BANK Comments Response Section addressed 2 Item 1.1: Project Background and Rationale: Recast is in place. Section 1.1; last para Recast last para;
3 Item 2.2: The pertinent features of the road design The insertion is accepted Section 2.2 to include a road reserve corridor of 60m from the center line of the road 4 Item 6.2: Impact identification “Gender Based The insertion is accepted Section 6.2 Violence / Sexual Exploitation and Abuse (GBV/SEA)” 5 Item 6.5.14: Sexual exploitation and abuse The insertion of the sub-section Section 6.5.14 6.5.14 is accepted.
6 Item 6.5.15: Labor influx The insertion of the sub-section Section 6.5.15 6.5.15 is accepted. 7 Item 6.5.16: Violation of children rights by The insertion of the sub-section Section 6.5.16 contractor and Child labor force on site 6.5.16 is accepted
8 Item 7.3.5: Increased spread of HIV/AIDS The insertion of the sub-section Section 7.3.5 7.3.5 is accepted
9 Item 7.3.13: Violation of children rights by The insertion of the sub-section Section 7.3.13 Contractor and labour force on site 7.3.13 is accepted
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S/N WORLD BANK Comments Response Section addressed
10 Item 7.3.14: Sexual exploitation and abuse of The insertion of the sub-section Section 7.3.14 community members by project workers 7.3.14 is accepted 11 Item 7.3.15: Community and stakeholder The insertion of the sub-section Section 7.3.15 engagement in the project 7.3.15 is accepted 12 Item 8.1: mentions “The implementation steps will The roles of each ESMP Chapter 8: Section 8.1 involve the Contractor, the Resident Engineer, implementation and supervision District Councils, Road Agency (TANROADS), agent have been described under road users and the local communities at large”. Section 8.1 Please, clarify the role of each for the ESMP implementation and supervision. 13 Item 9.4: Institutional Arrangements and The subsection has been revised Section 9.4 Reporting Procedures to incorporate the insertion
ADDITIONAL COMMENTS (April 2020) a. “TANROADS is not the responsible agent for the Responsibilities for the ESMP Chapter 8: Section 8.2 ESMP implementation, as mentioned in Section 8.4, implementation have been elaborated the party responsible for the ESMP implementation is under Section 8.2; and 9.4 Chapter 9: Section 9.4 the Contractor.”;
b. “Please, clarify in section 8.4 that the Contractor and Engagement of Safeguard Specialists Chapter 8: Section 8.2 the Supervision Firm will include as part of the team full (Environmentalist and Sociologist) on time environmental and social specialists (not part-time full time basis to implement the ESMP basis).”. has been elaborated under Section 8.2
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