MANO RIVER UNION ROAD DEVELOPMENT and TRANSPORT FACILITATION PROGRAMME (MRU/RDTFP) (PHASE II) – 47.1Km SANNIQUELLIE-LOGUATUO ROAD SECTION
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Language: English Original: English PROJECT: MANO RIVER UNION ROAD DEVELOPMENT AND TRANSPORT FACILITATION PROGRAMME (MRU/RDTFP) (PHASE II) – 47.1Km SANNIQUELLIE-LOGUATUO ROAD SECTION COUNTRY: MULTINATIONAL (COTE D’IVOIRE & LIBERIA) ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) SUMMARY SEPTEMBER 2017 Team Leader P.D. TAMBAH, Transport Engineer COLR/PICU.1 7072 Team J. B. AGUMA, Principal Transport Economist, RDGE4/PICU.1 5012 Members: A. BOCKARIE, Infrastructure Engineer, COSL/PICU.1 6259 C.R. MHANGO, Environmental Officer SNSC 4411 E.B. KAHUBIRE, Social Development SNSC 1541 Officer Appraisal Team B. NGENGE, Principal Procurement Officer COLR/SNFI.1 7062 F.K. KOROMA, Financial Management COSL/SNFI.2 Specialist 6272 Division Jean-Noel ILBOUDO RDGW.3 5012 Manager Sector Director Amadou OUMAROU PICU0 3075 Acting Director Marie-Laure AKIN-OLUGBADE RDGW 7778 General 1 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) SUMMARY Project Title: MANO RIVER UNION ROAD DEVELOPMENT AND TRANSPORT FACILITATION PROGRAMME (MRU/RDTFP) (PHASE II) – SANNIQUELLIE – LOGUATUO ROAD SECTION Project Number: P-ZI-DBO-172 Country: MULTINATIONAL (COTE D’IVOIRE & LIBERIA) Sector: PICU Project Category: 1 INTRODUCTION After the war that ended in 2003, the Government of Liberia, with the assistance of the donor community, developed in 2008 the first Poverty Reduction Strategy (PRS). The PRS defined the development programme of the Government of Liberia. Since then, a new Poverty Reduction Strategy called The “Agenda for Transformation, Steps toward Liberia RISING 2030”, covering the period 2012-2017 has been developed and is now underway. The activities related to Infrastructure are now part of Pillar II – Economic Transformation, more specifically Sector Goal C: Infrastructure. As part of infrastructure development, the Sanniquellie- Logartuo Road Section is expected to be rehabilitated with financing from the European Union (EU); the African Development Bank (AfDB) and the European Investment Bank (EIB). The Mano River Union Road Development and Transport Facilitation Programme (MRU/RDTFP) is being implemented in Phases and the Sanniquellie to Loguatuo (47.1km) is part of the MRU/RDTFP Phase II. The other AfDB financed interventions in the Liberian road transport sector include: (i) Paving Harper-Karloken Road (50 km), (ii) Paving of Karloken – Fish Town (80 km) and Harper Junction to Cavalla Customs (16 km), including the construction of a Bridge over the Cavalla River. The two (2) road sections under the proposed Programme are spur links of the Trans-West African Highway Corridor. The overall objective of the second Phase of the Programme (as was the case with the ongoing first phase) is to boost the post-conflict economic recovery of the two countries in the MRU region by improving road infrastructure and promoting intra- community and regional trade. Specifically, the Programme seeks to improve transport conditions on the two road sections in order to reduce transport costs, facilitate the free movement of persons and goods between the two countries and improve the living conditions of programme area communities. The expected outcomes include: (a) reduced transport costs and travel time; (b) enhanced potential for agriculture thereby contributing to poverty reduction among communities on the corridors; (c) improved road safety, and (d) improved regional trade and integration. The ESIA report and standalone detailed ESMP for this project was prepared by Tri-Star Collaborative in March 2018 based on the Environmental Impact Assessment Procedural Guidelines (2006) produced by the Liberia EPA, EU Guidelines and AfDB requirement standards. It reflects the current impact on the physical, biological and socio-cultural environment based on the current road design. 2 FIGURE 1: LOCATION OF THE PROJECT POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK The ESIA for the proposed Sanniquellie Loguatuo road project will be conducted within the policy, legal and institutional framework of the Liberia, EPA, EU, AfDB and relevant international environmental conventions to which the Government of Liberia is a signatory. The Environmental Protection Agency (EPA) is the environmental regulatory authority in charge of issuing environmental guidelines and reviewing the Environmental Impact Assessment process. 2.1 National Legislation and Policy 2.1.1 1986 Constitution of the Republic of Liberia Article 7 of the 1986 Constitution of the Republic of Liberia sets the fundamental basis for the Constitutional, legislative, and institutional frameworks for the protection and management of the environment. It also encourages public participation in the protection and management of the environment and the natural resources of Liberia. 2.1.2 The National Environmental Policy of Liberia of 2002 It provides the systematic and logical framework by which to address environmental issues. Section 4.7 of the policy calls for an EIA on all major developmental, socioeconomic and land use activities in any form which may have adverse effect/impact on the environment to one degree or another 2.1.3 The Environmental Protection and Management Act of 2002 The approved law provides for: regulations for conducting EIAs; tools for environmental management; a framework for the effective enforcement of environmental standards; Sector- 3 specific regulations; integration of concepts of international environmental laws into national environmental protection and development frameworks. 2.1.4 The Environmental Protection Agency Act of 2002 This act provides for: an autonomous entity empowered to ensure that environmental policies and laws are implemented and a Policy Council to propose and update environmental policies as required/needed. The Environmental Protection Agency Act (2002) mandates the EPA as the principal authority in Liberia for the management of the environment. Liberia is a signatory to several international conventions and agreements and legal obligations concerned with environmental and social issues. 2.1.5 Community Rights Law This provides for Community rights guidance regarding ownership and use of forest land resources. It aims to empower communities to fully engage in the sustainable management of the forests of Liberia by creating a legal framework that defines and supports community rights in the management of forest resources; and for all forest resources on community forest lands to be owned by local communities. It also recognises community land tenure rights such that they shall apply to tenure systems recognized by the Constitution and laws of Liberia; and that all matters related to land tenure and proprietorship to be dealt with by the Land Commission in accordance with national land policies issued and legislations enacted. 2.1.6 Customary Law of 2009 This provides that: the administration of justice in the hinterland are government-created customary courts, presided over by the chiefs while commissioners and superintendents are involved with administrative duties and as agents of executive oversight. (Article 65 of the Constitution); statutory circuit courts are legally allowed to review customary law decisions; and the administration of] tribal affairs through tribal chiefs who shall govern freely according to tribal customs and traditions so long as these are not contrary to [statutory] law. (Article 29, the General Rule of Administration within customary law includes a number of guidelines that deal with land ownership, resource allocation and appropriate measures for decision-making that will come into play in all phases of the Sanniquellie Loguatuo roady Project). 2.1.7 The National Transport Master Plan The focus of this plan is on a number of strategic objectives, namely to: rehabilitate, reconstruct and construct primary/secondary, feeder and neighborhood roads; improve the transport sector through effective systems and infrastructure for quality service provision and improve urban and rural transport; and build human resource capacity. 2.2 International Policies and Standards 2.2.1 AfDB Policies and Requirement Standards The consultant has taken into account the International environmental and social requirements of the project financing institutions; these include the African Development Bank policies. The Social and Environmental assessment of the project was therefore carried in accordance with the AfDB policies and guidelines as follows: Policy on Environment (2004); Involuntary Resettlement Policy (2003); Policy for Integrated Water Resources Management (2000); Handbook on Stakeholder Consultation and Participation (2001); and the AfDB Bank Group Policy on Disclosure and Access to Information (May2011). The AfDB’s Integrated Safeguard System sets out the five Operational Safeguard requirements that AfDB projects have to comply with; OS1 on Environmental and Social Assessment; OS 2 on Involuntary Resettlement; OS3 on Biodiversity and Ecosystem Services; OS4 on Pollution Prevention and Control, Greenhouse gases, Hazardous Materials, and Resource Efficiency; and 4 OS5 on Labour Conditions. The project triggers the five operational safeguards as outlined below. • OS 1: Environmental and Social Assessment: since the project requires Environmental and Social Assessment of anticipated impacts, including on cultural heritage and vulnerable groups and requires public consultation, grievance procedures. The project has prepared Detailed ESIA studies and a standalone ESMP and RAP that includes Stakeholder Engagement and Grievance Redress Mechanism. • OS 2: Involuntary