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Safeguard Implementation How Can We Make It More Meaningful? SAFEGUARD Implementation HOW CAN WE MAKE IT MORE MEANINGFUL? A SSESSMENT OF THE SOUTH ASIA EXPERIENCE ASIAN DEVELOPMENT BANK SAFEGUARD IMPLEMENTATION HOW CAN WE MAKE IT MORE MEANINGFUL? A SSESSMENT OF THE SOUTH ASIA EXPERIENCE ASIAN DEVELOPMENT BANK (report) Reminder: This is the copyright and disclaimer page to be used in new ADB publications as of January 2015. This page now reflects ADB’s move to Open Access and use of a Creative Commons (CC) IGO license. Most ADB-only publications are covered by the CC BY 3.0 IGO Creative CommonsCommons Attribution Attribution 3.0 3.0 IGO IGO license license (CC (CC BY BY 3.0 3.0 IGO) IGO) license, as per the text below. For copublished titles, a different CC license may apply. In such © 201_ Asian Development Bank instances,please please contact delete the Publishing and 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines Dissemination Team of DER. Tel +63 2 632 4444; Fax +63 2 636 2444 ©www.adb.org; 2015 Asian openaccess.adb.orgDevelopment Bank 6Some ADB rights Avenue, reserved. Mandaluyong Published City, in 201_. 1550 Metro Manila, Philippines TelPrinted +63 in2 632[the] 4444; __________(country). Fax +63 2 636 2444 www.adb.org; openaccess.adb.org ISBN XXX-XX-XXXX-XXX-X (Print), XXX-XX-XXXX-XXX-X (PDF) SomePublication rights Stockreserved. No. Published in 2015. Printed in the Philippines. Cataloging-In-Publication Data ISBN 978-92-9254-993-0 (Print), 978-92-9254-994-7 (e-ISBN) Publication Stock No. RPT157419-2 (author, surname first). Cataloging-In-Publication(title of the publication; Data written in lowercase except proper nouns and the first word) Mandaluyong City, Philippines: Asian Development Bank, 201_. Asian Development Bank. Safeguard1. (subject matter) implementation: 2. (subject How can ma wetter) make it more meaningful?—Assessment I. (publisher; usually it is of ADB) the South Asian Asia Development experience. Bank. Mandaluyong City, Philippines: Asian Development Bank, 2015. The views expressed in this publication are those of the authors and do not necessarily reflect the views and policies 1of. Environment. the Asian Development2. Involuntary Bank (ADB) resettlement. or its Board of Governors3. Indigenous or the peoples. governmentsI. theyAsian represent. Development Bank. TheADB views does expressed not guarantee in this the publication accuracy are of thosethe data of the included authors in and this do publication not necessarily and accepts reflect the no views responsibility and policies for any ofconsequence the Asian Development of their use. Bank The (ADB)mention or ofits specific Board of Governorscompanies oror the products governments of manufacturers they represent. does not imply that they are endorsed or recommended by ADB in preference to others of a similar nature that are not mentioned. 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Title of the material. © Asian Development Bank [and/or Publisher]. https://openaccess.adb.org.Translations—Any translations Available you undercreate a should CC BY carry3.0 IGO the license. following disclaimer: Originally published by the Asian Development Bank in English under the title [title] © [Year of publication] TranslationsAsian Development—Any translations Bank. All rightsyou create reserved. should The carry quality the following of this translation disclaimer: and its coherence with the original text Originallyis the sole responsibility published by ofthe the Asian [translator]. Development The BankEnglish in Englishoriginal under of this the work title is [title] the only © [Year official of publication] version. Asian Development Bank. All rights reserved. The quality of this translation and its coherence with the original text isAdaptations the sole responsibility—Any translations of the [translator]. you create The should English carry original the followingof this work disclaimer: is the only official version. This is an adaptation of an original Work © Asian Development Bank [Year]. The views expressed here are Adaptationsthose of the—Any authors translations and do not you necessarily create should reflect carry the the views following and disclaimer:policies of ADB or its Board of Governors or the Thisgovernments is an adaptation they represent. of an original ADB does Work not © Asian endorse Development this work or Bank guarantee [Year]. Thethe accuracyviews expressed of the datahere areincluded in this thosepublication of the authorsand accepts and do no not responsibility necessarily reflectfor any the consequence views and policies of their of use. ADB or its Board of Governors or the governments they represent. ADB does not endorse this work or guarantee the accuracy of the data included in this publicationPlease contact and [email protected] no responsibility or for [email protected] any consequence of their if you use. have questions or comments with respect to content, or if you wish to obtain copyright permission for your intended use that does not fall within these terms, Pleaseor for permission contact [email protected] to use the ADB logo. or [email protected] if you have questions or comments with respect to content, or if you wish to obtain copyright permission for your intended use that does not fall within these terms, orNote: for permission In this publication, to use the “$” ADB refers logo. to US dollars. Note: In this publication, “$” refers to US dollars. PhotoPrinted credits: on Inside recycled photos paper from John Andrew Carter, Rupa Banerjee Pravin, and Bhutan Roads Department. Contents Tables and Figures iv Foreword vii Acknowledgments viii Abbreviations ix I. Introduction 1 A. The Project Cycle and Current Safeguard Requirements 1 B. Overview of Perceived Deficiencies: The Need for Assessment of Social and Environmental Safeguard Implementation in South Asia 5 C. Safeguard Assessment Approach and Methodology 6 II. The Situation: Assessment of Current Safeguard Implementation in South Asia 10 A. Reconciling Country Safeguard Systems and ADB Expectations: National Policies versus the ADB Safeguard Policy Statement 10 B. Project Case Studies in Bhutan, India, and Nepal 27 C. Prevailing Trends in the Region: Comparative Analysis of Safeguard Requirements versus Implementation 91 D. Common Constraints in Institutional Capacity for Safeguards Management 122 E. Convergence of Social and Environmental Safeguards: Lost Opportunities? 131 III. Moving Forward: Making Safeguard Design and Implementation More Meaningful 135 A. Summary of Shortcomings: What Can Be Fixed? 135 B. Proposed Remedies 142 C. Next Steps 150 References 151 Appendix: Details of the Case Study Projects 156 Tables and Figures Tables 1 Comparative Summary of National Environmental Legislation and Guidance and the Environmental Policy Principles in the ADB Safeguard Policy Statement 15 2 Environmental Covenants in the Dagachhu Loan Agreement 32 3 Key Activities and Results from the Environmental Safeguard Progress Reports 34 4 Proposed Monitoring before and during Project Operation 35 5 Roadway Segments under the National Roads Project II 43 6 Summary of Environmental Management
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