Kandadji Ecosystems Regeneration and Niger Valley Development Programme Summary of the Updated Environmental and Social Impact Assessment Language: English Original: French AFRICAN DEVELOPMENT BANK GROUP PROJECT TO SUPPORT THE KANDADJI ECOSYSTEMS REGENERATION AND NIGER VALLEY DEVELOPMENT PROGRAMME (P_KRESMIN) COUNTRY: NIGER SUMMARY OF THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) Mohamed Aly BABAH Team Leader RDGW2/BBFO 6107 Principal Irrigation Engineer Aimée BELLA-CORBIN Chief Expert, Environmental and Social SNSC 3206 Protection Expert Nathalie G. GAHUNGA RDGW.2 3381 Chief Gender Expert Gisèle BELEM, Senior Expert, Environmental and Social SNSC 4597 Protection Team Members Parfaite KOFFI SNSC Consulting Environmentalist Rokhayatou SARR SAMB Project Team SNFI.1 4365 Procurement Expert Eric NGODE SNFI.2 Financial Management Expert Thomas Akoetivi KOUBLENOU RDGW.2 Consulting Agroeconomist Sector Manager e Patrick AGBOMA AHAI.2 1540 Sector Director Martin FREGENE AHAI 5586 Regional Director Marie Laure. AKIN-OLUGBADE RDWG 7778 Country Manager Nouridine KANE-DIA CONE 3344 Manager, Regional Mouldi TARHOUNI RDGW.2 2235 Agricultural Division Page 1 Kandadji Ecosystems Regeneration and Niger Valley Development Programme Summary of the Updated Environmental and Social Impact Assessment SUMMARY OF THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) Project Name : Project to Support the Kandadji Ecosystems SAP Code: P-NE-AA0-020 Regeneration and Niger Valley Development Programme Country : NIGER Category : 1 Department : RDGW Division : RDGW.2 1. INTRODUCTION Almost entirely located in the Sahel-Saharan zone, the Republic of Niger is characterised by very low annual rainfall and long dry spells. The western part of country is traversed by the Niger River, which is Niger’s most important surface water resource. Average flows of the river declined sharply over the years from 1970 to 1990, with very low flows during the low-water season. To mitigate the impact of reduced river water flows, the Kandadji Ecosystems Regeneration and Niger Valley Development Programme (P- KRESMIN) was officially adopted by the Nigerien Government in August 2002 and placed under the responsibility of the High Commission for the Development of the Niger Valley (HCAVN), which in 2017 became the Kandadji Dam Agency (ABK). The design of the P-KRESMIN is centred on the Kandadji dam scheduled to be built on the Niger River, which is shared internationally. The project is located at about 60 km downstream of the border with Mali, while the entire project area covers 11 communes in the Tillabéri region. The most important component of the Programme is the construction of a dam and a hydropower generating plant on the Niger River in Kandadji. The capacity of the reservoir is designed to ensure adequate minimum low flow downstream of the dam. The flow regulation will allow sustainable water supply for irrigation, livestock, domestic use, and the regeneration of river ecosystems. The programme includes an “Irrigation Development” component, which involves the development of 45 000 hectares of irrigated areas, of which 7 000 ha are planned to benefit people affected by the project. In 2005-2006, an Environmental and Social Impact Assessment (ESIA) and an initial Environmental and Social Management Plan (ESMP) were prepared for the Programme by TECSULT Consulting Firm, in accordance with the environmental and social policies of the AfDB, one of the main donors of the project. Subsequently, and under the Niger Basin Water Resource Development and Sustainable Management of Ecosystems Project (PDREGDE/BN), the World Bank decided to finance complementary activities aimed at improving the preparation and management of implementation of the Kandadji Programme, including updating the ESMP and conducting additional ESIA studies. These additional studies, carried out by BRLi Consulting Firm in 2012, helped to clarify certain issues that had not been addressed in the 2006 ESIA. In 2017 and 2018, at the request of major donors, the P-KRESMIN Programme was the subject of further detailed environmental and social studies, including the Resettlement Action Plan for the second wave of resettlement (PAR2, prepared by TRACTEBEL), the Consolidated Environmental and Social Management Plan (ESMP) (prepared by CIMA) and the Environmental and Social Management Framework (ESMF) of Component 2 of the P-KRESMIN Programme (prepared by STUDI International). The accompanying measures recommended in these safeguard documents are: (i) Development of about 15 resettlement sites, including a major site for the city of Ayorou, and provision of these sites with the necessary socio- community infrastructure (drinking water, electricity, roads, schools and health facilities, mosques, Page 2 Kandadji Ecosystems Regeneration and Niger Valley Development Programme Summary of the Updated Environmental and Social Impact Assessment markets, livestock equipment, etc.), in addition to the three sites developed under the first wave of resettlement. The methodology for updating the Environmental and Social Impact Assessment (ESIA) of the Kandadji Programme, to which this executive summary relates, was based on a documentary analysis of the initial studies conducted by TECSULT in 2005-2006, as well as on several complementary studies carried out in 2012, including the update of the Environmental and Social Management Plan of the Kandadji Programme - Final Version (BRL Ingénierie, April 2012) and the Consolidated Environmental and Social Management Plan (ESMP) of the P–KRESMIN Programme, particularly the final version produced by CIMA, in May 2018. The update of the ESIA is intended to make it comprehensive and compliant with the requirements of the Integrated Safeguard System (ISS) of the African Development Bank (AfDB) and other technical and financial partners (TFPs) of the Programme. It covers all the infrastructure and activities of the P- KRESMIN in Niger: Dam, hydropower plant, electric power transmission line, diversion road (left bank), access roads (right bank), resettlement sites, construction of housing and community infrastructure, drinking water supply and electrification of sites, development of compensation irrigated areas and future irrigation schemes (45 000 ha). A separate ESMP with a Resettlement Action Plan (RAP) will be prepared for the Malian portion of the project. 2. STRATEGIC, LEGAL AND ADMINISTRATIVE FRAMEWORK 2.1 Niger’s national environmental and social protection policies and regulations: Niger’s national environmental and social protection policies and regulations, particularly the Economic and Social Development Plan (PDES 2017-2021), spell out the main thrusts of State intervention in terms of development and the "Nigeriens Nourish Nigeriens" (or 3N) initiative, These policies also incorporate relevant sector-based programmes, such as those relating to the advancement of women, child protection, education, health, economic development, and rural development, as well as components relating to water and sanitation policies and strategies, and the national social development policy. The social policy adopted in 2011 defines the strategic thrusts and priority intervention areas of social protection. Its overall objective is "to contribute to mitigating the vulnerability of disadvantaged groups and help the people to cope with the most significant risks of life". Niger's regulations on the natural and human environment are protective enough. In this regard, the main instruments are: The Constitution (Sections 12, 22, 28, 35, 36 and 37). Section 35, in particular, recognises the right of all persons to a healthy environment and the obligation of the State to protect the environment for the benefit of the present and future generations; Law No. 2018-28 of 14 May 2018 to determine the fundamental principles of Environmental Assessment in Niger; Law No. 98-56 of 29 December 1998 relating to a legal framework for environmental management, which establishes the general legal framework for and the fundamental principles of environmental management in Niger; Ordinance No. 97- 001 of 10 January 1997 relating to the institutionalisation of environmental impact assessments, Section 4 of which states that "Development activities, projects or programmes, which, by the virtue of their magnitude or impact, may lead to the degradation of the natural and human environments, shall be subject to prior authorisation by the Minister of the Environment"; and Decree No. 2000-398/ PRN/MH/E/LCD of 20 October 2000 to determine the list of activities, works and planning documents subject to environmental impact assessment. This decree defines the major groups of activities, works and planning documents subject to the ESIA; Decree No. 2010-540/PCSRD/MEE/LCD of 8 July 2010 on the organisation and functioning of the Environmental and Social Impact Assessment Agency (BEEEI); Decree No. 2000- 397/PRN/MH/E/LCD of 20 October 2000 relating to the Administrative Procedure for the Assessment and Review of Environmental Impacts; and Decree No. 97-006 /PRN/MAG/E of 10 January 1997. Page 3 Kandadji Ecosystems Regeneration and Niger Valley Development Programme Summary of the Updated Environmental and Social Impact Assessment Land tenure rights are essentially governed by the Constitution, Section 28 of which stipulates that "No one may be deprived of his or her property except in the public interest subject to a fair and prior compensation” and by Ordinance No. 93-015 of 2 March 1993 establishing the guiding principle