E2751 V2 State Expenditure Effectiveness for Opportunities and Results (SEEFOR)
Public Disclosure Authorized
ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK
for STATE EXPENDITURE EFFECTIVENESS FOR OPPORTUNITIES AND
RESULTS
(SEEFOR) in
Public Disclosure Authorized Niger Delta States
(Bayelsa, Delta, Edo & Rivers)
Nigeria
August, 2010
Prepared By
Public Disclosure Authorized
Public Disclosure Authorized
SEEFOR ESMF Prepared by Multiple Development Services [email protected],m 1
State Expenditure Effectiveness for Opportunities and Results (SEEFOR)
TABLE OF CONTENT
CONTENT PAGE Title Cover 1
Table of Content 2 List of Tables 6 List of Figures 6
List of Maps 6
List of Boxes 7 List of Plates 7 List of Acronyms 8 Executive Summary 9
SECTION 1: BACKGROUND AND INTRODUCTION 12
1.1 Background 12 1.2 Purpose of the ESMF 12 1.3 Objectives of Environmental and Social Management Framework (ESMF) 12 1.4 The ESMF Scope, Main Task and Rationale for the ESMF Preparation 14 1.5 Application of the ESMF 15
SECTION 2: METHODOLOGY AND CONSULTATION 16 2.1 Introduction 16 2.2 Literature review 16 2.3 Interactive Discussions/Consultations 17 2.5 Field Visits 17 2.6 Identification of potential impacts and Mitigation Measures 17
SECTION 3: POLICY AND REGULATORY FRAME WORK 18 3.1 Introduction 18 3.1 Administrative Framework 18 3.2 Some Relevant Regulatory Instruments 18 3.3.1 Federal Policy/Legislation 18 3.3.1.1 National Policy on Environment 18
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3.3.1.2 The Federal Ministry of Environment 19 3.3.1.3 Land Use Act of 1978 19 3.3.1.4 Forestry Act 20 3.3.1.5 Criminal Code 20 3.3.1.6 Inland Waterways Authority (NIWA) 20 3.3.2 State Legislations 21 3.3.3 International Laws and Regulations 22 3.3.3.1 World Bank’s environmental and social/resettlement guidelines 22 3.3.3.2 Nigeria EA Guidelines and World Bank EA Guidelines 22 3.4 Adequacy of Legal Instruments for Environmental and Social Issues for SEEFOR 24
SECTION 4: PROJECT DESCRIPTION 26 4.1 Introduction 26 4.2 Components of the SEEFOR 26 4.3 SEEFOR and Triggered Safeguard Policies 28 4.4 Sustainability of SEEFOR 28 4.4.1 Success Factors 28 4.4.2 SEEFOR - A Catalyst for Development and Growth 28 4.4.3 Institutional Analysis 29 4.4.4 Role conflicts across MDAs - Participation Agreement 29
SECTION 5: DESCRIPTION OF BASELINE CONDITIONS 30 5.0 Introduction 30 5.1 Project location 30 5.2 Geology, Relief, Drainage and Ecological Zones 32 5.3 Coastal Geomorphology 32 5.4 Ecologically sensitive areas 33 5.5 Climate 33 5.5.1 Rainfall 33 5.5.2 Relative humidity (RH) 34 5.5.3 Temperatures 34 5.6 Social 34 5.6.1 The People 34
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5.6.2 Population, Sex and Age Structure 35 5.6.3 Settlement Patterns and Size Distribution of Settlements 35 5.6.4 Economy 35 5.6.5 Economic Growth That Promotes Sustainable Livelihoods 36 5.6.6 Infrastructure and Social Services 36 5.6.7 Cultural Resources 36 5.6.8 Social structure/trends and social groups 37 5.6.9 Community power structure and governance 38 5.6.10 Conflict and Management of conflict 38 5.6.10.1Governance and Conflict 39 5.6.10.2Economic and Social Costs of Conflict 39 5.6.10.3Conflict resolution strategy 40 5.7 Environmental health 40 5.7.1 Water supply 40 5.7.2 Wastes and Waste Management 40 5.7.3 Nutritional status 41 5.8 Problems in the Region 41
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SECTION 6: INSTITUTIONAL AND REGULATORY FRAMEWORK 43 6.0 Introduction 43 6.1 Bayelsa State 43 6.1.1 State Ministry of Environment 43 6.1.2 The Ministry of gender and Social Development 44 6.1.3 Ministry of Works & Transport 46 6.1.4 Ministry of Youth, Conflict Resolution & Employment Generation 46 6.1.5 Bayelsa State CSDP 48 6.1.6 Bayelsa State Fadama Coordination Office (BYSFCO) 49 6.1.7 Bayelsa State Sustainable Development Strategy 49 6.2 Delta State 50 6.2.1 Delta State Ministry of Environment 50 6.2.2 Ministry of Lands, Urban and Regional Planning 51 6.2.3 Ministry of Works 52 6.2.4 Ministry of Agriculture and Natural Resources 52 6.2.5 Ministry of Water Resources Development 52 6.2.6 Ministry of Women Affairs Community and Social Development 53 6.2.7 Delta State Directorate of Youth Development 53 6.3 Edo State 53 6.3.1 Ministry of Environment and Public Utilities 53 6.3.2 Ministry of Lands, Housing and Survey 54 6.3.3 Ministry of Agriculture 55 6.3.4 Ministry of Energy and Water Resources 56 6.3.5 Ministry of Local Government and Chieftaincy Affairs 57 6.3.6 Ministry of Information and Orientation 57 6.4 Rivers State 58 6.4.1 Rivers State Ministry of Environment 58 6.4.2 Ministry of Land and Survey 59 6.4.3 Rivers State Ministry of Employment/Economic Empowerment 60
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6.4.4 The Rivers State Government Recruitment Center 60 6.4.5 Rivers State and Youth Empowerment 60 6.4.6 Rivers State Sustainable Development Agency (RSSDA) 60 6.4.7 Ministry of Agriculture 60 6.5 Other Relevant Institutions 61 6.5.1 Local Government Level Institutions 61 6.5.2 Community Level and other Institutions 61 6.5.3 CBOs/Non-Governmental Organizations (NGOs) 62
SECTION 7 PROJECT COORDINATION AND IMPLEMENTATION ARRANGEMENTS 63 7.1 Overview 63 7.2 Institutional Arrangement – The Model 63 7.3 SEEFOR Institutional Arrangement 63 7.4 Roles and Responsibilities 65 7.4.1 Federal Level Institutions 65 7.4.2 State Level Institutions 67 7.4.2.1 State Agencies/Project Management Unit (SA/PMU) 67 7.4.2.1.1 PMU Safeguard Units 67 7.4.2.2 MDAs - State Ministries of Environment/EPA 68 7.4.2.3 Other MDAs 69 7.4.3 Local Government Level Institutions 69 7.4.4 Community Level and other Institutions 69 7.4.5 World Bank 69
SECTION 8: SUMMARY OF POTENTIAL ENVIRONMENTAL IMPACTS 70 8.1 Introduction 70 8.2 Screening Process 70 8.2.1 Sub-Project-Level Environmental and Social Reviews 72 8.3 Impact Identification and Evaluation 72 8.4 Potential Impacts of the Project 73 8.4.1 The Potential Positive Impacts 73
8.4.2 The Potential Negative Impacts 74 8.4.2.1Protected Areas, Natural Habitats and Forests 74 8.4.2.2Cultural Property 78 8.4.2.3Pest Management 79 8.4.2.4Social Aspects/Tension/Conflict 80
SECTION 9 ENVIRONMENTAL AND SOCIAL MITIGATION PRINCIPLES 81
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SECTION 10 ESMF IMPLEMENTATION AND MANAGEMENT 86 10.0 Introduction 86 10.1 Process Description 86 10.1.1 Project identification 86 10.1.2 Project Screening & Prioritisation 86 10.1.3 Project Implementation & Monitoring 87 10.2 Institutional Arrangement 10.2.1 Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP 89 10.3 Participation / Consultation Framework 89 10.4 ESMF Communication Plan in the Project Cycle 90
10.5 Measures for Strengthening Organizational Capability – Capacity Building and Training 91 10.6 Environmental and Social Monitoring 94 10.7 Environmental and Social Mitigation Principles and Clauses 94 10.7.1 Air quality management 95 10.7.2 Greens Management 95 10.7.3 Soil quality management 96 10.7.4 Water resource management 96 10.7.5 Noise abatement 96 10.7.6 Public safety and health 96 10.7.7 Cultural Property 96 10.7.8 Protected Areas, Natural Habitats and Forests 96 10.7.9 Pesticide Management 97 10.7.9.1Integrated Pest Management 97 10.7.10Social Integration and Participation 98 10.8 Budgets for the ESMF 99 10.9 Update and Revision of the ESMF 101 10.10 Disclosures of Safeguard Instruments 101
List of Tables
Table Page 1: Some Relevant World Bank's Safeguard Policies 23 2: SEEFOR and Likely Triggered Safeguard Policies 28 3: Population Census of 2006 for four SEEFOR States 35 4: Potential for Rural Economic Growth in SEEFOR States 36 5: Urban Growth Poles and Their Potential Economic Activities 37 6: What the People of the Niger Delta Most Dislike about the Region 39 7: Safeguard Responsibilities for SEEFOR 66 8: Identified Potential Negative Impacts 75 9: SEEFOR Potential Impacts Mitigation Principles 80 10: Training Modules on Environment and Social Management 92 11: Measures to Promote Integrated Pest Management in SEEFOR 98
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12: Estimated Annual Budget to Implement ESMF 100 13: Some Information to be disclosed 101
List of Figures
Figure Page 1: ESMF Design Plan 16 2: Rainfall Regime and Pattern of Delta Region in Nigeria 34 3: Bayelsa State Ministry of Environment Organ gram 43 4: A Typical Power Structure of communities in Niger Delta Area 62 5: Institutional Arrangement (Federal and State Levels) 64 6: State Agency/PMU Management Structure 64 7: Diagrammatic representation of steps in Environmental Screening 71 8: Diagrammatic representation of steps in Social Screening 71 9: Connection between Planning and Implementation Phases of SEEFOR Sub-projects Components 88
List of Maps Maps Page 1: Nigeria showing the Niger Delta States 30 2: World Map Showing Niger Delta Region in Africa 31 3: South-South Nigeria Showing the Location of the SEEFOR States 31 4: Niger Delta’s Coastal Geomorphic Zones 33 5: Rainfall Regime and Pattern of Delta Region in Nigeria 34 6: Main Niger Delta Linguistic 36
List of Boxes
Box Page 1: List of Protected Areas in the Niger Delta States 37 2: Roles & Responsibilities of Safeguard Specialist 68 3: Main Outcomes of the Various Consultations so far 90
List of Plates Plate Page 1: A man scooping water from a shallow well, a typical source of water in the Niger Delta 40 2: A cross Section of Some Participants in one of the Stakeholders’ meeting 103-24
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List of Annexes
Annex Page 1. The ESMF Terms of Reference 103-2 2. Some National Legal Instruments on Environmental Management 103-8 3. Some International Treaties/Conventions Nigeria is Signatory 103-9 4. Environmental & Social Screening checklist 103-10 5. Indicative Terms of Reference for EA & EMP 103-17 6. Risk Assessment Method – Likelihood and Severity Table 103-22 7. Mechanism for Monitoring of Environmental Management 103-23 8. Summary of Stakeholders’ Consultations 103-24 9. Environmental and Social Clauses 103-36 10.An Indicative Plan for Integrated Pest Management 103-43
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List of Acronyms
ARAP Abbreviated Resettlement Action Plan BP Bank Policy BRT Bus Rapid Transit CBO Community Based Organization CBO Community Based Organization CDD Community Driven Development CG Community Group CSO Community Support Organizations EA Environmental Assessment EA Environmental Assessment ECOWAS Economic Community of West African States EIA Environmental Impact Assessment EIA Environmental Impact Assessment EIS Environmental Impact Statement EMP Environmental Management Plan EMP Environmental Management Plan EMU Environmental Monitoring Unit EPA Environmental Protection Agency ER Environmental Review ES Environmental Screening ESA Environment and Social Assessment ESA Environmentally Sensitive Area ESAs Environmentally Sensitive Areas ESM Environmental and Social Management ESMF Environmental and Social Management Framework ESMF Environmental and Social Management Framework ESMF Environmental and Social Management Framework FGN Federal Government of Nigeria FMENV Federal Ministry of Environment HIV/AIDS Human Immuno-deficiency Virus/ Acquired Immune Deficiency Syndrome IDA International Development Association IEE Initial Environmental Evaluation ILO International Labour Organisation LB Land Bureau LGA Local Government Area LVO Land Valuation Office MDAs Ministries, Departments & Agencies MDG Millennium Development Goals MIGA Multilateral Guarantee Agency MOE State Ministry of Environment MOE State Ministry of Environment
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MoH Ministry of Health MoH State Ministry of Housing MoT Ministry of Transportation NEAP National Environmental Action Plan NGO Non Governmental Organization NGO Non-Governmental Organization NGO Non-Governmental Organization OD Operational Directives (of the World Bank) OM Operational Manual OP Operational Policies (of the World Bank) OSH Occupational Safety and Health PAP Project Affected Peoples PAP Project Affected person PID Project Information Document PIU Project Implementation Unit PLWAs People Living with AIDS PMU Project Management Unit PPUD Physical Planning and Urban Development PWD Public Works Department RAP Resettlement Action Plan RAP Resettlement Action Plan RP Resettlement Plans RPF Resettlement Policy Framework SA State Agency STDs Sexually Transmitted Diseases TOR Terms of Reference URTI Upper Respiratory Tract Infection WB World Bank WB The World Bank WHO World Health Organisation
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EXECUTIVE SUMMARY
Background The Government of Nigeria has requested the assistance of the World Bank the preparation of State Expenditure Effectiveness for Opportunities and Results (SEEFOR). The project development objective (PDO) is to improve the composition and effectiveness of public expenditure by strengthening public management systems and service delivery whilst enhancing employment generation in participating states.
Project Description The project is designed around two main components - public financial management (PFM and service delivery - under which selected activities will be implemented to produce outputs that will contribute towards the achievement of the PDO. The latter will have three sub-components: a) training and skills development; (b) youth employment and (c) Community Driven Development (CDD). This component will thus present a menu of options for service delivery, using approaches that have been tested and proven to work in other Bank assisted projects in Nigerian states.
Need for ESMF The SEEFOR project is not anticipated to lead to any large scale disruption of environmental amenities or acquisition of land or denial of access to usual means of livelihood. However, for due diligence, it has become necessary to prepare an Environmental and Social Management Framework (ESMF) to be used for the implementation of the SEEFOR Project.
The ESMF ensures that the proposed activities under the SEEFOR project benefits to: • Protect human health; enhance positive environmental and social outcomes; • Prevent or mitigate negative environmental impacts as a result of either individual sub- projects or their cumulative effects; • Prevent or compensate any loss of livelihood.
At present, feasibility studies have not been completed for the four beneficiaries States (Bayelsa, Delta, Edo and Rivers). Thus with studies currently ongoing , the volume and actual nature of activities as well as lack of knowledge of the exact locations, the scope, scale of activities and likely impacts are uncertain.
Thus this ESMF stands as a statement of the policy, principles, institutional arrangements and procedures that the SEEFOR project management will follow in each sub-project in addressing environmental and social concerns. It does not attempt to address impacts related to individual undertakings (in any specific form) since they are not known neither their locations nor area extent. The difficulties inherent in defining what the real environmental and social impacts of the SEEFOR sub-projects coupled with the fact that it is still at the stage of project preparation necessitated the preparation of this ESMF and other related but standalone instruments, namely: A Resettlement Policy Framework (RPF) and Social Assessment (SA)
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Specifically, while this ESMF is intended to serve as a practical tool which describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of SEEFOR activities, Social assessment analyzes the social issues and soliciting stakeholders’ views for the design of the SEEFOR project thus making the project responsive to social development concerns. The RPF provides the direction to all actors involved in the SEEFOR sub-projects implementation, the identification of resettlement implications and measures to adopt to minimize or address resettlement issues created by each sub-project.
Project Location This ESMF covers four States, namely: Bayelsa, Delta, Edo and Rivers, amongst the nine Niger Delta States in Nigeria. It anticipates that other Niger Delta States may eventually be part of the project and that the ESMF covers them all with revision/improvement.
Existing Policy, Legal and Administrative Frameworks In Nigeria, environmental legislation generally is in a continuing process of development. Amongst the existing pieces of legislations there are a number of national and international environmental guidelines applicable to the sub-projects under the SEEFOR project with regard to both environmental and social concerns.
Of particular note is the Environmental Impact Assessment (EIA) Act No. 86 of 1992 . The act makes EIA mandatory for any development project, and prescribes the procedures for conducting and reporting EIA studies. It requires that development projects be screened for their potential impact. Based on the screening, a full, partial, or no Environmental impact assessment may be required. This is in tandem with the World Bank EA requirements for any development projects and her categorization (A, B, & C) of EA types.
It is possible to conclude that this SEEFOR ESMF is responsive to or in line with the objectives of good practice as required by the Nigerian government and the World Bank, because the EIA/EA requirements and operational procedures have been harmonized in the ESMF. However, in the event of divergence between the two, that of the World Bank Safeguards policy on involuntary settlement shall take precedence over Nigeria EA laws, guidelines and or standards.
Environmental & Social Screening and Assessment The screening process is the first step in operationalizing the ESMF process. The objective of screening is to identify those sub-projects that have minimal/no environmental or social concerns. A checklist of items that are required to be adhered to conform to the provisions of this ESMF has been developed. Projects triggering significant environmental / social impacts, i.e. projects with potential to trigger impacts on environmental sensitive areas, or large scale resettlement activities are not envisaged under SEEFOR. However, in the event of such projects, being critical, the projects shall be included after undertaking the necessary environmental and social assessments, as mandated by the Environmental laws of Nigerian Governments (national and state) and conforming to the safeguard policies of the World Bank. The process for conformance to these procedures has been defined in this framework and the criteria established as per the Checklist of items to enable the identification of such projects.
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Potential Environmental and Social Impacts It is noteworthy to state that the environmental and social impacts identified at this stage are preliminary in nature and will need to be further elaborated in terms of potential for occurrence (likelihood) and severity when the exact locations and sub-projects are known.
As a rule of the thumb, it is anticipated that the intervention of SEEFOR sub-projects would exert some negative impacts on the social and physical environment within which they are implemented. These impacts have been presented according to the "typology” of the project (e.g. agriculture or public works such as road repair) and the typology of "the environment" (rural or urban).
Environmental and Social Mitigation Principles For the anticipated potential negative impacts, the ESMF has provided mitigation principles for preventing, minimizing or managing various environmental and social impacts as an integral part of SEEFOR sub-projects planning and management.
ESMF Implementation and Management The successful implementation of the ESMF depends on the commitment of the sector and related institutions, and the capacity within the institutions to apply or use the framework effectively, and the appropriate and functional institutional arrangements, among others. Hence these key ESMF areas relevant to its successful implementation were included in the ESMF, namely: institutional arrangements, capacity building, environmental and social monitoring.
Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP: Component 2c of the project, focusing on community driven development (CDD), will be implemented through the existing Bank Assisted government CDD projects FADAMA and CDSP in each of the states involved. As such, the funding for this component will be channeled through the existing institutional arrangements and managed by the already established FADAMA and CDSP project implementation units in each state. In states where only one of the existing CDD projects is operating this component will be implemented only through this existing project. The component will run only for as long as the existing projects are operating. Given these institutional arrangements, all activities undertaken under this component will be subject to the safeguards procedures and instruments developed under these existing projects. Thus, the current SEEFOR project has triggered the relevant World Bank safeguard policies triggered by FADAMA III and CDSP triggered OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement, as well as additional safeguards policies including OP/BP 4.04 Natural Habitat, OP/BP 4.09 Pest Management, OP/BP 4.36 Forests that were triggered by FADAMA given the scope and the potential environmental and social impacts of the activities under FADAMA. The only exception to this consistency in World Bank policies triggered by the project funding these activities- SEEFOR- and the projects implementing the CDD activities, is the policy on International Waterways. In this case the policy has not been triggered because the geographical locations of the different states involved in the project mean that no international waterways will
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be affected and that any surface or groundwater extraction, in any, would come from local sources. The current safeguards performance, the safeguards instruments prepared and the institutional arrangement for their implementation for Fadama III and CSDP are presented below: Third National Fadama Development Project: To date, the safeguard compliance of Fadama III has been satisfactory. Since the locations and potential negative localized impacts of the future subprojects, the Borrower prepared an Environmental and Social Management Framework (ESMF), a Pest Management Plan (PMP), and a Resettlement Policy Framework (RPF) for the purpose of identifying and mitigating potential negative environmental and social impacts at the subproject planning stage during the life of the project. The RPF outlines the policies and procedures to be followed in the event that subprojects require land acquisition. The PMP shows the procedures and steps to be undertaken to address pest management concerns, including capacity building in Integrated Pest Management (IPM). The ESMF outlines the environmental and social screening process for subprojects and proposes capacity building measures, including cost estimates. The ESMF includes: (i) an Environmental Management Plan; (ii) Environmental Guidelines for Contractors; and (iii) an environmental and social checklist for subprojects screening. The three instruments of ESMF, PMP and RPF were disclosed in-country and at the Info shop on May 4, 2007. The State Fadama Coordination Office (SFCO) is responsible for the implementation of the ESMF, PMP and RPF. Consultants are engaged to prepare Resettlement Action Plans and Environmental Management Plans or Environmental Impact Assessments (EIAs) as and when necessary. The SFCO has in place an environmental officer. This specialist is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises. Community Social Development Project: The safeguards rating of the community social Development project has been satisfactory to date. The potential environmental and social impacts of sub-projects under the CSDP are small-scale and site-specific typical of Category B projects. An Environment and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) have been prepared for the project and provide mechanisms to identify impacts for which standard mitigation measures to be applied during the implementation phase. The objective of the ESMF is to establish a mechanism to determine and estimate the future potential environmental and social impacts of the activities undertaken under the project, and to define the measures of mitigation, monitoring and the institutional measures to be undertaken during implementation o f the project. It is anticipated that project activities are unlikely to relate to land acquisition or restriction of access to sources of livelihood. However, in the event that there are resettlement concerns, the Resettlement Policy Framework (RPF) will be translated to Resettlement Action Plans (RAPS) as and when the need arises during project implementation. The CSDP State Agency is responsible for the implementation o f the ESMF and RPF recommendations. The Agency’s environmental specialist (with knowledge on social issues) is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises.
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The safeguards instruments for these projects- including detailed ESMF’s, PMP and RPF’s- have already been publically disclosed as part of project due diligence, remain valid and would apply to all SEEFOR funded activities that would be implemented through Fadama III and CSDP. Disclosure The ESMF has been prepared in consultation with the State MDAs, CBOs/NGOs and some community groups. The ESMF is expected to be disclosed in-country to the general public as a separate and stand alone document for review and comment through the Federal/State Ministry of Environment at designated locations in the participating States and in World Bank InfoShop. Individual EIAs/EMPs will be prepared for each sub-project based on the guidelines and procedures highlighted in this ESMF and would be disclosed in like manner.
SECTION 1 - BACKGROUND AND INTRODUCTION
1.1 Background The Government of Nigeria has requested the assistance of the World Bank the preparation of State Expenditure Effectiveness for Opportunities and Results (SEEFOR). The project development objective (PDO) is to improve the composition and effectiveness of public expenditure by strengthening public management systems and service delivery whilst enhancing employment generation in participating states.
This project is not anticipated to lead to any large scale acquisition of land or denial of access to usual means of livelihood as well as disruption of environmental amenities. However, for due diligence, it has become necessary to prepare an Environmental and Social Management Framework (ESMF) to be used for the implementation of the SEEFOR Project.
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1.2 Purpose of the ESMF The Environmental and Social Management Frameworks (ESMF) is used in the case of operations with multiple subprojects whose detailed engineering design, precise location and the entire gamut of environmental and social safeguard issues involved are not fully known. In the context of the SEEFOR, the ESMF is a statement of the policy, principles, institutional arrangements and procedures that the project management will follow in each subproject in addressing environmental and social issues.
This ESMF spells out corporate environmental and social safeguard policy frameworks, institutional arrangements and capacity available to identify and mitigate potential environmental and social safeguards issues and impacts of each subproject. It does not attempt to address impacts related to individual undertakings (in any specific form).
The ESMF was prepared to be accepted and disclosed publicly, in Nigeria and at the World Bank Infoshop before project appraisal by the Bank.
1.3 Objectives of Environmental and Social Management Framework (ESMF) The objective of the ESMF is to help ensure that activities under the proposed SEEFOR project benefits to: • Protect human health; enhance positive environmental and social outcomes; • Prevent or mitigate negative environmental impacts as a result of either individual sub- projects/ schemes or their cumulative effects; • Prevent or compensate any loss of livelihood.
At present, feasibility studies have not been completed for the four initial beneficiaries States (Bayelsa, Delta, Edo and Rivers). Thus with studies currently ongoing , the volume and actual nature of activities as well as lack of knowledge of the exact locations, the scope, scale of activities and likely impacts are uncertain.
Thus it is premature in the SEEFOR project to determine what the real environmental and social impacts are. The difficulties inherent in defining what the real environmental and social impacts of these sub-projects are, because the exact locations and magnitude of sub-projects are not known necessitated the development of this Environmental and Social Management Framework (ESMF) and a separately prepared and Resettlement Policy Framework (RPF) and Social Assessment (SA) as standalone documents. Each of these instruments focuses attention on a given area, viz;
• The ESMF, which this document contains, is intended to be used as a practical tool during program formulation, design, implementation and monitoring. It describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of future investment SEEFOR activities. It also provides guidance in cases where the screening results indicate that a separate Environmental Impact Assessment (EIA) is required.
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• Social assessment is aimed at analyzing the social issues and soliciting stakeholders’ views for the design of the Bank-supported SEEFOR project. Social assessment helps make the project responsive to social development concerns, including seeking to enhance benefits for poor and vulnerable people while minimizing or mitigating risk and adverse impacts. It analyzes distributional impacts of intended project benefits on different stakeholder groups, and identifies differences in assets and capabilities to access the project benefits
• The RPF provides the direction to all actors involved in the SEEFOR sub-projects implementation, for the identification of resettlement implications and measures to adopt to minimize or address resettlement issues created by each sub-project. Once resettlement issues are identified, a Resettlement Action Plan is prepared for managing the issues. Thus in addition to containing a screening /checklist for determining whether OP 4.12 is triggered or not it also provides procedures and guidelines to be followed when the policy is triggered.
These documents would ensure that the SEEFOR sub-projects’ environmental and social impacts are identified, assessed, evaluated and appropriately mitigated, managed and monitored. With regard to the ESMF, in seeking to implement the SEEFOR project, the government of Nigeria intends to take into cognisance relevant state-owned laws, where the project will be executed and as well comply with all national and international environmental requirements in order to meet legal obligations and to ensure a sustainable project.
This requires meeting the following objectives: • EIA to meet Nigeria EIA laws • ESIA to meet World Bank EA guidelines and relevant Bank Safeguard policies and procedures including but not limited to: o OP/BP 4.01 – Environmental Assessment o OP/BP 4.04 – Natural Habitats o OP/BP 4.12 – Involuntary Resettlement o OP/BP 4.36 – Forests o OP/BP 4.11 – Physical Cultural Resources
SEEFOR PMU will disclose the ESMF as required by the Nigeria EIA public notice and review procedures as well as the World Bank Disclosure Policy.
Thus the main objectives of the ESMF are: • Identify potentially adverse environmental impacts and risks in the projects intervention zone; • Assess potentially adverse social issues and impacts related to projects activities; • Indicate ways in which potentially adverse environmental and social impacts will be avoided, minimizes and mitigated;
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• Establish clear procedures and methodologies for the environmental and social planning, review, approval and implementation of subprojects to be financed under the project • Develop screening tool i.e. checklists and guidelines to be used for screening sub- projects for their potential environmental and social impacts. • Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to subprojects. • Determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF; • Establish the projects funding required to implement the ESMF requirements; • Provide practical information resources for implementing the ESMF. • Develop an environmental monitoring plan under the projects to ensure that environmental and social issues will be managed effectively.
1.4 The ESMF Scope, Main Task and Rationale for the ESMF Preparation The ESMF takes into account all sub-projects pertaining to the different project sites in the four participating States in the South-south Region of Nigeria, namely: Bayelsa, Delta, Edo and Rivers States.
A series of tasks were identified in the preparation of the ESMF and these are well captured in the Terms of Reference (TOR) in Annex 1.1
The rationale for preparing this ESMF is as follows: • The detailed designs of SEEFOR project operations are yet to be carried out. • The bulk detailed project activities to be financed under the SEEFOR are yet to be identified. • Also the specific sites for each sub-project activities pertaining to SEEFOR are not known.
To this end, this document did not attempt to address impacts related to individual undertakings (in any specific form). Nevertheless, it is seen as a document that provides a framework for the integration and management of social and environmental aspects of the sub-project components at all stages of the project planning, design, execution and operation of the entire SEEFOR project. Thus the document which will be shared with the various relevant stakeholders in the Sectors of sub-project establishes the principles and procedures that will govern the mitigation of adverse environmental and social impacts that would be induced by the proposed SEEFOR project activities
1.5 Application of the ESMF The ESMF is to be applied at all stages of project as in identification of sub-projects, screening to implementation and operation stage. The framework encourages participatory approach to preparation of sub-projects in respective States and locations.
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The consultation & participation framework as part of the ESMF provides an overview of consultation and participation activities to be carried out in various stages of the project.
Application of ESMF to the sub-projects enables preparation of a standardized environmental and social assessment documents for appraisal and implementation. Projects triggering significant environmental / social impacts, i.e. projects with potential to trigger impacts on environmental sensitive areas, or large scale resettlement activities are not envisaged under SEEFOR. However, in the event of such projects, the projects shall be included after undertaking the necessary environmental and social assessments, as mandated by the Environmental laws of Nigerian Governments (national and state) and conforming to the safeguard policies of the World Bank. The process for conformance to these procedures is defined in this framework. The criteria established shall enable the identification of such projects.
SECTION 2 METHODOLOGY AND CONSULTATION
2.1 Introduction This ESMF has been prepared in accordance with standard procedures for environmental assessment including the applicable World Bank safeguard policies and Nigerian environmental assessment guidelines.
The main approach/activity for preparing the Environmental and Social Management Framework (ESMF) is depicted in Fig..1 showing some level of distinct phases which were however interrelated in the course of the preparation. These include:
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Fig.1: ESMF Design Plan
2.2 Literature review Review of the existing baseline information and literature material was undertaken. This assisted in gaining a further and deeper understanding of the SEEFOR project and the environmental and social conditions that exist in the intended states. Among the documents that were reviewed in order to familiarise and deeply understand the project included: Nigeria’s National laws and/or regulations on environmental assessments, World Bank Operational Policies, the Project Appraisal Documents (PAD) for CSDP, and other relevant literature
2.3 Interactive Discussions/Consultations As a process of initiating the process of continual consultation and involvement of the public in the SEEFOR project, various discussions were held with some key relevant MDAs, NGOs/CBOs and members of the public in the states. In addition, as part of the process of public consultation/participation a program for the disclosure of the ESMF to facilitate the work has been developed.
2.4 Field Visits The various States were visited with a view to gathering information on the baseline environmental conditions, institutional arrangement, capacity, etc. in relation to the SEEFOR implementation.
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The purpose was to be informed on the existing conditions and any anticipated changes before the start of the sub-projects. Thus attention was paid to the physical environment (i.e. topography, geology climate and meteorology, surface water hydrology); biological environment (i.e. Flora types and diversity, rare and endangered species within or adjacent to projects intervention sites, including wetlands, sensitive habitats); and socio-economic and cultural environment, such as population, land use, planned development activities, community structure, employment and labour market, sources and distribution of income, cultural properties – such as historical and archaeological significant sites, indigenous people, and traditional tribal lands and customs).
2.5 Identification of potential impacts and Mitigation Measures Although specific sub-projects to be implemented under the SEEFOR programme are not known at this stage, potential impacts were identified through initial generic screening of the anticipated sub-projects in the light of the socio-environmental conditions (project-environment interactions)
To ensure all sub-projects are appropriately screened for environmental and social issues at their conception stage, a check -list tool has been developed to screen each project in terms of: - Appropriate EIA category; - Applicable local and international regulations and standards (e.g., labour, pollution, occupational health and other standards); - Appropriate World Bank safe guards; - Level of stakeholder engagement (both sectoral and project level); - Existing environmental and other (e.g., pension or compensation) liabilities; and - Location sensitivities (e.g., sensitive environments and culture)
The screening tools provide necessary information to appropriately scope EIA studies including as may be necessary, environmental social and other due diligence investigations.
Mitigation measures are often proffered to either eliminate or minimize adverse environmental and social impacts of specific actions, projects or programs while also enhancing positive effects. The approach to mitigation has been primarily preventive principles of anticipated impacts based on well known negative outcomes of project-environment interactions. SECTION 3: POLICY AND REGULATORY FRAME WORK
3.1 Introduction This sub-section covers Nigeria’s legislative requirements for socio-environmental protection. In Nigeria, environmental legislation generally is in a continuing process of development. Amongst the existing pieces of legislations there are a number of national and international environmental guidelines applicable to the sub-projects under the SEEFOR project. These are highlighted in this Section.
3.2 Administrative Framework
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In Nigeria, the power of regulation of all environmental matters is vested in the Federal Ministry of Environment (FMENV), hitherto, the now defunct Federal Environmental Protection Agency (FEPA) which was set up by Act 88, of 1988).
In Part III of the Act 88, the State Governments are encouraged to set up “their own Environmental Protection Bodies for the purpose of maintaining good environmental quality in the area of related pollutants under their control.”
Nigeria subscribes to a number of International Regulations and Conventions relating to Environmental Protection.
International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects have sets of environmental categorizations, assessments and management standards, which must be complied with by project proponents before these institutions invest in them.
3.3 Some Relevant Regulatory Instruments Below, an outline of the relevant regulatory instrument framework and administration to this ESMF is given as they relate to the Federal, State and International arenas.
3.3.1 Federal Policy/Legislation 3.3.1.1 National Policy on Environment The National Policy on Environment, 1989 (revised 1999), provides for “a viable national mechanism for cooperation, coordination and regular consultation, as well as harmonious management of the policy formulation and implementation process which requires the establishment of effective institutions and linkages within and among the various tiers of government – federal, state and local government”. Prior to the launching of this policy, there was no unified coordination of activities of the 3 tiers of government responsible for the environment. The thrust of the policy is the achievement of sustainable development in Nigeria. Guidelines and strategies are therefore defined for: Securing for all Nigerians a quality of environment adequate for their health and well- being; Conserving and using the natural resources for the benefit of present and future generations; Restoring, maintaining and enhancing the ecosystem and ecological processes essential for the preservation of biological diversity; Raising public awareness and promoting understanding of the essential linkages between the environment, resources and development; and Cooperation with other countries, international organisations and agencies to achieve optimal use of trans-boundary in order to prevent environmental recourses.
Further, the defined guidelines and strategies provide for the effective management of the environment in the following 14 major areas: Human population; Land use and soil
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conservation; Water resources management; Forestry, wildlife and protected areas; Marine and coastal area resources; Toxic and hazardous substances; Energy production and use; Air pollution; Noise pollution; Working environment (occupational health and safety); and Settlements, recreational space, greenbelts monuments and cultural property.
3.3.1.2 The Federal Ministry of Environment The act establishing the Ministry places on it the responsibility of ensuring that all development and industry activity, operations and emissions are within the limits prescribed in the National Guidelines and Standards, and comply with relevant regulations for environmental pollution management in Nigeria as may be released by the Ministry. To fulfill this mandate a number of regulations/instruments have been churned out such as outlined in Annex 2.
Of particular note amongst these instruments in ensuring that environmental and social issues are mainstreamed into development projects is the Environmental Impact Assessment (EIA) Act No. 86 of 1992 . With this Act, the FMENV prohibits public and private sectors from embarking on major prospects or activities without due consideration, at early stages, of environmental and social impacts. The act makes an EIA mandatory for any development project, and prescribes the procedures for conducting and reporting EIA studies. As part of the effective utilization of the EIA tool, the Ministry has produced Sectoral guidelines detailing the necessary requirements of the EIA process from each Sector. One of these Sectoral Guidelines that apply to the proposed project is the ‘Sectoral Guidelines on Infrastructure Development.’
Procedurally, in Nigeria, it is worthy to note that before commencement of an EIA, the FMENV issues a letter of intent on notification by the proponent, approve the terms of reference, ensure public participation, review and mediate. However, the categorisation of the project into I, II and III determines the level of this latter part.
The possible technical activities expected for a proposed project include screening, full or partial EIA Study, Review, Decision-making, Monitoring Auditing and Decommissioning/Remediation post-closure.
3.3.1.3 Land Use Act of 1978 The Land Use Act of 1978 states that ’… It is also in the public interest that the rights of all Nigerians to use and enjoy land in Nigeria and the Natural fruits thereof in sufficient quality to enable them to provide for the sustenance of themselves and their families should be assured, protected and preserved’. This implies that acts that could result in the pollution of the land, air, and waters of Nigeria negates this decree, and is therefore unacceptable.
Furthermore, the Land Use Act of 1978 (modified in 1990) remains the primary legal means to acquire land in the country. The Act vests all land comprised in the territory of each state in the Federation in the Governor of the state and requires that such land shall be held in trust and
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administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.
According to the Act, administration of land area is divided into urban land which will be directly under the control and management of the Governor of each State; and non-urban land, which will be under the control and management of the Local Government. State Governors are given the right to grant statutory rights of occupancy to any person or any purpose; and the Local Government will have the right to grant customary rights of occupancy to any person or organization for agricultural, residential and other purposes.
3.3.1.4 Forestry Act This Act of 1958 provides for the preservation of forests and the setting up of forest reserves. It is an offence, punishable with up to 6 months imprisonment, to cut down trees over 2ft in girth or to set fire to the forest except under special circumstances. Nigeria is at present a wood deficit nation. In order to ameliorate the situation, the policy on forest resources management and sustainable use is aimed at achieving self-sufficiency in all aspects of forest production through the use of sound forest management techniques as well as the mobilization of human and material resources. The overall objectives of forest policy are to prevent further deforestation and to recreate forest cover, either for productive or for protective purposes, on already deforested fragile land. Specifically, the National Agricultural Policy of 1988 in which the Forestry Policy is subsumed, provides for: Consolidation and expansion of the forest estate in Nigeria and its management for sustained yield. Regeneration of the forests at rates higher than exploitation. Conservation and protection of the environment viz: forest, soil, water, flora, fauna and the protection of the forest resources from fires, cattle grazers and illegal encroachment. Development of Forestry industry through the harvesting and utilisation of timber, its derivatives and the reduction of wastes. Wildlife conservation, management and development through the creation and effective management of national parks, game reserves, tourist and recreational facilities, etc.
3.3.1.5 Criminal Code The Nigerian Criminal Code makes it an offence punishable with up to 6 month imprisonment for any person who: Violates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carry on business in the neighbourhood, or passing along a public way: or Does any act which is, and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life, whether human or animal.
3.3.1.6 Inland Waterways Authority (NIWA) Nigeria Inland Water Authority (NIWA) Act 13 of 997 established NIWA whose functions are among others are to:
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- provide regulations for inland navigation; - ensure the development of infrastructural facilities for a national inland water- ways network connecting the creeks and the rivers with the economic centers using the river-ports as nodal points for inter model exchange; - ensure the development of indigenous technical and managerial skill to meet the challenges of modern inland waterways transportation; and - carry out environmental impact assessment of navigation and other dredging activities within the inland water and its right-of-ways.
3.3.2 State Legislations In consonance with Part lll of the FMENV Act and the need to protect public health and safety, and to restore and enhance environmental quality, and sustain economic vitality through effective and efficient implementation of environmental programmes, the three States Government have set up State Ministries of Environment and/or Environmental Protection Agency that takes charge of Environment affairs in the States.
The Ministries and/or EPA are charged with the responsibility of providing decent, orderly and reasonable conducive environment for habitable society, as contained in the assignments of Ministerial responsibilities.
Inter alia, the Ministries are empowered to give direction to all issues concerning the environment, monitor and control pollution and the disposal of solid, gaseous and liquid wastes generated by various facilities in the states.
Some of the functions of the State Ministries of Environment include: (i) Liaising with the Federal Ministry of Environment, FMENV to achieve a healthy or better management of the environment via development of National Policy on Environment (ii) Co-operating with FMENV and other National Directorates/Agencies in the performance of environmental functions including environmental education/awareness to the citizenry (iii) Responsibility for monitoring waste management standards, (iv) Responsibility for general environmental matters in the State, and (v) Monitoring the implementation of EIA studies and other environmental studies for all development projects in the State.
Largely, the federal legislation serves as the benchmark in the execution of standards in the states. Some laws in the States include: • Bayelsa State Forestry Edict, 1998 • Bayelsa State Environmental Sanitation Authority Edict 1999 • Pollution Compensation Tax Law in Bayelsa State, • Delta State Law No. 7 of 2007 (Ecology Law, 2006). • Delta State Waste Management Board Law No 4, 2004 • Delta State Environmental Protection Agency (DELSEPA), Edict No. 5 of 1997
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• Edo State Sanitation and Pollution Management law • Rivers State Environmental Protection law No. 2 of 1994
3.3.3 International Laws and Regulations Nigeria is a signatory to a number of guidelines/conventions/treaties, some of these are which are relevant and to which Nigeria is a Signatory. A number of these are outlined in Annex 3.
However, since the proposed project is co-sponsored by the World Bank, it is of paramount importance to consider the World Bank Requirements on Environmental and Social issues relating to the SEEFOR Sub-projects.
3.3.3.1 World Bank’s environmental and social guidelines 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 staff in the identification, preparation, and implementation of programs and projects.
The effectiveness and development impact of projects and programs supported by the Bank has substantially increased as a result of attention to these policies.
Safeguard policies have often provided a platform for the participation of stakeholders in project design, and have been an important instrument for building ownership among local populations.
The Bank requires environmental assessment (EA) and Social Assessment of projects proposed for Bank financing to help ensure that they are both socially and environmentally sound and sustainable, and thus to improve decision making. The World Bank's environmental assessment policy and recommended processing are described in Operational Policy (OP)/Bank Procedure (BP) 4.01: Environmental Assessment . This policy is considered to be the umbrella policy for the Bank's environmental "safeguard policies" which include:
Environmental Policies • OP 4.01 Environmental Assessment • OP 4.04 Natural Habitats • OP 4.09 Pest Management • OP 4.36 Forestry • OP 4.37 Safety of Dams Social Policies • OP 4.11 Physical Cultural • OP 4.12 Involuntary Resettlement • OP 4.10 Indigenous Peoples Legal policies
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• OP 7.50 Projects on International Waterways • OP 7.60 Disputed Areas
Table 1 summarises the Operational Policies triggered in the project.
3.3.3.2 Nigeria EA Guidelines and World Bank EA Guidelines The Environmental Impact Assessment Act No. 86 of 1992 requires that development projects be screened for their potential impact. Based on the screening, a full, partial, or no Environmental impact assessment may be required. Guidelines issued in 1995 direct the screening process.
Table 1: Some Relevant World Bank's Safeguard Policies Policy Focus OP 4.01 Core requirement of this Policy is that screening should be done as early as Environmental possible for potential impacts and selection of an appropriate instrument to Assessment assess, minimize and mitigate potentially adverse impacts. Environmental Assessment (EA) ensures that appropriate levels of environmental and social assessment are carried out as part of project design. It also deals with the public consultation process, and ensures that the views of PAPs and local NGOs are incorporated as early as possible for Category A and B projects. It is worth noting that OP 4.01 applies to all components of a project with financing from the World Bank, including co-financed components by the Borrower or by other funding agencies. OP/BP 4.12 Based on assisting the displaced persons in their efforts to improve or at least Involuntary restore their standards of living. Resettlement The impetus of this Policy is that development undertakings should not cause the impoverishment of the people who are within the area of influence of the undertakings. In cases where resettlement of people is inevitable, or in cases where loss of assets and impacts on the livelihood of the PAPs is experienced, a proper action plan should be undertaken to at least restore, as stated above, their standard of life prior to the undertakings. Concerning public consultation, resettlers as well as the host communities should be consulted for the successful implementation of the resettlement process. The views of the consulted resettlers and the host communities should be incorporated into the resettlement action plan (RAP) including the list of their choices. OP/BP 4.36 Envisages the protection of forests through consideration of forest-related Forestry impact of all investment operations, ensuring restrictions for operations affecting critical forest conservation areas, and improving commercial forest practice through the use of modern certification systems. In the process of forest conservation interventions, especially the local people, the private sector and other pertinent stakeholders should be consulted. In general, the Policy aims at reducing deforestation and enhancing the
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environmental and social contribution of forested areas. Experience with the Bank reveals that the Bank does not support commercial logging in primary tropical moist forest.
4.09 - Pest Recognizes that pesticides can be persistent and harmful to the environment Management for a long time. If pesticides must be used, the policy requires that Pest Management Plan (PMP) be prepared by the borrower, either as a stand-alone document or as part of an Environmental Assessment.
OP 4.04 The Bank does not support projects that involve the significant conversion or Conservation degradation of critical natural habitats. of Natural Seeks to ensure that World Bank-supported infrastructure and other Habitats development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. OP 4.11 The Bank assists countries to avoid or mitigate adverse impacts on physical Physical cultural resources from projects it finances. Such impacts may not contravene Cultural either the borrower’s laws or its obligations under international treaties and Resources agreements. Bases itself on identifying physical cultural resources potentially affected by the project, using the Environmental Assessment (EA) process. It includes measures to prevent or minimize or compensate for adverse impacts and to enhance positive impacts on physical cultural resources through site selection and design. EAs and environmental management documents should include “chance finds” procedures. The management of cultural property should be undertaken in conjunction with consulting the appropriate agencies including NGOs, academic institutions, and local communities.
The Bank’s It is the belief of the Bank that the peoples residing in the project areas have Access to the right to be informed of the proposed development project(s) in their Information respective areas. Therefore, prior to project appraisal, the summary of the Policy study of undertakings along with other relevant information should be disclosed at the Bank’s as well as the project area’s (local) level. The World Bank policy on disclosure is currently under review, but the present proposals state that Category B Environmental Assessment reports should be self-standing documents, and thus disclosure is a pre-requisite for appraisal of the project.
According to these guidelines, • Category I projects will require a full Environmental Impact Assessment (EIA). • Category II projects may require only a partial EIA, which will focus on mitigation and
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Environmental planning measures, unless the project is located near an environmentally sensitive area--in which case a full EIA is required. • Category III projects are considered to have “essentially beneficial impacts” on the environment, for which the Federal Ministry of the Environment will prepare an Environmental Impact Statement.
With regard to environmental assessment, the Bank has ALSO categorized projects based on the type of EA required, namely: • Category A - projects are those whose impacts are sensitive, diverse, unprecedented, felt beyond the immediate project environment and are potentially irreversible over the long term. Such projects require full EA. • Category B - projects involve site specific and immediate project environment interactions, do not significantly affect human populations, do not significantly alter natural systems and resources, do not consume much natural resources (e.g., ground water) and have adverse impacts that are not sensitive, diverse, unprecedented and are mostly reversible. Category B projects will require partial EA, and environmental and social action plans. • Category C - Projects are mostly benign and are likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project, although some may require environmental and social action plans. • Category FI - A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts.
This World Bank categorization ( A, B, & C) corresponds in principle with the Nigeria EIA requirements of Category I, II and III, which in actual practice is done with regard to the level of impacts associated with a given project. However, in the event of divergence between the two, the World Bank safeguard policy shall take precedence over Nigeria EA laws, guidelines and or standards.
Thus for this ESMF, the Nigeria’s EIA requirements and World Bank operational procedures were harmonised as far as possible, hence it is made responsive to the objectives of good practice. It is especially made responsive with regard to the followings: • Early consideration of environmental and social issues (starting at the screening stage); • Identification and early consultation with stakeholders; • Prevention of adverse impacts through the consideration of feasible alternatives; and • Incorporation of mitigation measures into planning and (engineering) design.
3.4 SEEFOR - Adequacy of Legal Instruments for Environmental & Social Issues As noted earlier, generally with regard to environmental and social management issues, legislation is in a continuing process of development in Nigeria. However, this is not to say that there is dearth of pieces of legislation and guidelines to manage the SEEFOR activities to ensure no harm to people and the environment. Amongst the existing pieces of legislations highlighted
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above, there are a number of local, national and international environmental guidelines applicable to the sub-projects under the proposed SEEFOR project. In other words, the States have a good governance framework and laws to back up and manage the environmental and social safeguard issues that shall be triggered. The Ministries’ officials are conversant with the Environmental Assessment (EA) legislation, procedures and framework applicable based on the Federal EIA Act 86 of 1992.
In addition, although there are no State laws, the Land Use Act guides the processes of land acquisition and compensation in the various States which include:- • Identification of Lands or Sites for various developments.- • The Publication/Service of Acquisition Notices – • Enumeration/Inspections, assessment of compensation and the payment of same. • Documentation of Acquisitions and Gazetting
Thus for the SEEFOR sub-projects, there are apple guidelines to ensure that the project succeed socio-environmentally, speaking.
The main challenge would be enforcement of these legislation/guidelines, since most State Government-owned projects, for instance, rarely or are not accustomed to using EA tool for state-owned project. In addition there are problems of inadequate funding, low human capacity, computerization of system/information, etc.
Thus as part of this ESMF, in order to support the due diligence process, to avoid causing harm or exacerbating social tensions, and to ensure consistent treatment of social and environmental issues across the sub-project intervention areas, institutional capacity strengthening and funding have been recommended.
SECTION 4- PROJECT DESCRIPTION
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4.1 Introduction The project is designed around two main components - public financial management (PFM and service delivery - under which selected activities will be implemented to produce outputs that will contribute towards the achievement of the PDO. The latter will have three sub-components: a) training and skills development; (b) youth employment and (c) Community Driven Development (CDD).
4.2 Components of the SEEFOR Component 1: Strengthening Public Financial Management systems : The three selected states are already making some progress in basic public financial management reforms. For example all three states have passed procurement and fiscal responsibility legislations, but need technical assistance and guidance in their implementation. Others have initiated budget reforms, including medium term expenditure framework (MTEF). This component will support ongoing efforts by the states to develop and modernize their public financial, personnel and payroll management processes and institutions, with the objective of improving its efficacy and in managing public resources. It will tailor support to the current status of PFM in each state. The menu of activities to be implemented to achieve the PDO will include the following: (a) enactment and implementation of an organic public finance management legislation; (b) strengthening capacity for budget preparation and public investment management, implementation and monitoring and public access to financial information, (c) improvement in accounting, cash management, financial reporting, expenditure controls and audit; (d) improvement in personnel and payroll controls; (e)strengthening public procurement systems and processes; and (f) design and implementation of State Integrated Financial Management Information Systems (SIFMIS). The component will also support training and capacity building in the key PFM areas mentioned above. The proposed state-level reforms PFM reforms will be coordinated with those undertaken at the federal level. The component will support development of social accountability in key activities such as budget and public procurement and involve the public in planning and oversight of public expenditure. The PFM reforms will enable better allocation of resources to achieve improvements in service delivery performance and employment.
Component 2: Service Delivery with Employment Opportunities: The objectives of this component are twofold: (a) immediate/short-term job creation for youth and (b) medium term skills development/enhancement for youth. This component will thus present a menu of options for service delivery, using approaches that have been tested and proven to work in other Bank assisted projects in Nigerian states, including LEEMP in Bayelsa state. The component will have three sub-components as follows:
Component 2a: Training and Skills Development Support Fund : The objective of this subcomponent is to increase access, improve quality of skills acquisition and development for youth empowerment through relevant formal and non-formal vocational and technical training institutions. The overall goal is to leverage support on ongoing training and skills development activities and initiatives including private and public skills development enterprise in the three
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states. The strategic focus would be on skills and entrepreneurship development and its relevance to current and future labour market demands to tackle youth unemployment through vocational skills acquisition to make participants more employable or self-employed. This component will be closely coordinated with component 2b to define training and skills needs. Component 2b: Youth Employment : The objective of this sub-component is to reduce youth unemployment and increase income via job creation schemes in the three participating states and linked to the training and skills development programme under component 2a. It will support youth employment program that aims to actively engage all eligible youths (not limited to militants) in productive employments in public works and agriculture. The sub-component will finance two key activities with value chains that generate employment in both urban and rural areas, namely:
(i) Support to small Public Works Contracts to generate employment in the urban areas. Following a model that is successfully working in Lagos state, this activity will generate employment through award of small competitive contracts to the private sector to improve public space, reduce environmental hazards and enhance the efficiency of the existing road space, reduce vehicle operating cost and improve road safety, in particular pedestrian safety and maintenance of street lights.
(ii) Support to youth employment in agriculture in rural areas. Activities that ensure the engagement of youth in agricultural production, processing and marketing will be supported under this component. Public and private sector led agricultural schemes with massive engagement of youth (skilled or semi-skilled) in the areas of crops, animal husbandry, fishery and forestry will be financed under this subcomponent.
Component 2c: Community Driven Development : The three states already have CDD projects in the form of CSDP (Bayelsa) and Fadama III (in all three states). The CDD sub-component will use existing institutional arrangements in Fadama and CSDP to provide resources to CDD implementing agencies in order extend CDD interventions to additional communities currently not included CSDP to ensure effective service delivery for economic and social improvement of rural and poor communities in the three States. The component will support health, education, water, rural roads and rural energy, environment and sanitation, rural enterprise and livelihood activities, and safety net micro projects, solely executed by the communities or user groups themselves. The CDD will also create employment opportunities for youths in the rural areas. The existing Fadama and CSDP implementing agencies (and other arrangements that are assessed to meet the standard practice of CDD approach in states where there is no CSDP) will be used to implement this component. It is expected that component 2 will be delivered and implemented in partnership with non-state providers of services.
Component 3: Project Implementation Support and Coordination: The component will support project coordination at national and state levels, including centrally provided technical assistance, quality assurance and other support services to states. It will also fund project operating costs of the PIUs and provide training and capacity building for project staff. The PIU at the state level will be supported by multi-sector Technical Review Committee for each of
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Components 1 and 2. The TRC will include technical experts in the relevant fields and civil society representatives and provide advice on all technical proposals submitted by interested service providers.
4.3 SEEFOR and Triggered Safeguard Policies The SEEFOR project is likely to trigger a number of World Bank Safeguard Policies. These are indicated in Table 2.
Table 2: SEEFOR and Likely Triggered Safeguard Policies Safeguard Policies Triggered by the Project Yes No Environmental Assessment (OP/BP/GP 4.01) [x] [ ] Natural Habitats (OP/BP 4.04) [ x ] [ ] Pest Management (OP 4.09) [x ] [ ] Cultural Property (OPN 11.03, being revised as OP 4.11) [ ] [x] Involuntary Resettlement (OP/BP 4.12) [ x ] [ ] Indigenous Peoples (OD 4.20, being revised as OP 4.10) [ ] [x] Forests (OP/BP 4.36) [x ] [] Safety of Dams (OP/BP 4.37) [ ] [x] Projects in Disputed Areas (OP/BP/GP 7.60) [ ] [x] Projects on International Waterways (OP/BP/GP 7.50) [ ] [x]
4.4 Sustainability of SEEFOR The environmental and social sustainability (or otherwise) of the SEEFOR program is best assessed within the context of the overall program sustainability. The sustainability of the program is to a large extent dependent success story, availability of viable transactions, and some critical success factors.
4.4.1 Success Factors The four states already have CDD projects in the form of CSDP (Bayelsa & Edo) and Fadama III (in all four states). The approaches that have been tested and proven to work in this and other Bank assisted projects in Nigerian states forms part of the success. Thus the CDD sub-component will use existing institutional arrangements in Fadama and CSDP to provide resources to the implementing agencies to ensure effective service delivery for economic and social improvement of rural and poor communities in the three States.
4.4.2 SEEFOR - A Catalyst for Development and Growth As noted the UNDP’s Human Development Report, the Niger Delta poverty in the midst of vast oil wealth has frustrated expectations, fostered widespread indignation, entrenched deep-rooted and destructive mistrust, and incited unprecedented restiveness. The result has been a general deterioration of economic, social and political cohesion - productivity losses, weak entrepreneurial skills, the destruction of traditional institutions that formerly served as reservoirs of social capital, the disregard of formal and informal authorities, and insecure property rights. Thus the chaotic and desperate situation in the Niger Delta condemns youth to a future without hope before now.
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For the Niger Delta region to become economically prosperous, socially stable, ecologically regenerative and politically peaceful, its people need sustainable livelihoods, which is the main focus of SEEFOR. The SEEFOR is designed to re-orientate these individuals, especially the youths and allow them to meaningfully and productively live their lives while contributing to society. Sustainable livelihoods hinge on job creation and high-value products that yield income for poor and vulnerable groups. Best practices across the globe have shown that vital factors include a healthy environment, opportunities to acquire skills, the diversification of the economy, resource management and control, and financial empowerment, such as through credit for micro- and small enterprises.
4.4.3 Institutional Analysis An analysis of the applicable policy and regulatory framework with regard to this ESMF reveals that there is no dearth of regulatory instruments for environmental management in in the states.
The States have good governance framework and laws to back up and manage the environmental and social safeguard issues. The States have considerable experiences in the EIA process. In addition to the National EIA law (Act 86 of 1992), there exist important environmental laws and guidelines such as waste management law, forestry law, etc. However, monitoring and enforcement could pose a challenge because of inadequate capacity with regard to manpower.
Nevertheless, enhancing project staff, especially those charged will implementing safeguards instruments will be given more in-depth training courses in environmental management. Skills of selected staff from the State Ministries/Environmental Protection Agencies, LGAs, and CBO/NGOs will also need to be strengthened through training, capacity and awareness building on environmental management including legal requirements and EIA methodology.
4.4.4 Role conflicts across MDAs - Participation Agreement Today, various MDAs in Nigeria find themselves pitched against each other regarding who has jurisdiction over some sectors or aspects of sector activities.
To avoid any role conflict in implementing the SEEFOR program according to the agreed terms and conditions, a formal agreement is needed between the State Governments, the Implementing Agencies and other MDAs outlining the tasks, responsibilities, schedules, procedures, deliverables etc., required for preparation and implementation of the approved sub-projects.
SECTION 5 DESCRIPTIONS OF BASELINE CONDITIONS
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5.0 Introduction This section describes natural resources, social and climatic conditions as well as land form, land use and related characteristics that have relevance or some implications for transport development generally.
5.1 Project location Geographically, the SEEFOR project States, namely Bayelsa, Delta, Edo and Rivers fall within the Niger Delta region defined as comprising the area covered by the natural delta of the Niger River and the areas to the east and west, which also produce oil. Its approximate northern boundaries are located close to the bifurcation of the Niger River at Aboh, while the western and eastern boundaries are around the Benin River and the Imo River, respectively. The area covers approximately 25,900 square kilometers.
The broader Niger Delta region, includes all oil-producing areas and others considered relevant for reasons of administrative convenience, political expedience and development objectives, extends the land area of the Niger Delta to 75,000 square kilometers (ERML 1997).
Defined in this way, the Niger Delta consists of nine states as shown in Map 4.1, namely: Abia (1), Akwa Ibom (2), Bayelsa (3), Cross River (4), Delta (5), Edo (6), Imo (7), Ondo (8) and River (9) States (Map 1). Map 2 depicts World Map Showing Niger Delta Region in Africa, while Map 3 shows the location of the SEEFOR States in Niger Delta Region,
Map 1: Nigeria showing the Niger Delta States
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Niger Delta Region
Map 2: World Map Showing Niger Delta Region in Africa
Map 3: South-South Nigeria Showing the Location of the SEEFOR States
5.2 Geology, Relief, Drainage and Ecological Zones
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The natural delta of the Niger River is a vast sedimentary basin. The deltaic deposits comprise mainly medium to coarse unconsolidated sands, silt, clay, shale and peat. The delta is mostly a flat, low-lying swampy basin criss-crossed by a dense network of meandering rivers and creeks.
There are four broad ecological zones in the region defined by both relief and hydrological characteristics. These are, from the coast inland, the coastal sandy barrier ridge zone, the mangrove swamp zone, the freshwater swamp zone and the lowland rainforest zone. The coastal sandy barrier zone, as the name suggests, is made up of a chain of sandy barrier islands, which are separated by numerous estuaries and inlets. The islands are generally less than one metre above the sea level at high tide. They extend along the outer coastline from the Benin River to the Imo River. Typically, they are 16 to 20 kilometres wide. Because of their relatively higher topography, which keeps them from the tidal influence of the marine and brackish waters, the coastal barrier islands support freshwater forests and associated fauna. These islands are also often flooded during the year when rainfall is heavy.
Moving inland, the mangrove swamp zone occurs immediately after the barrier islands. It is the swampiest of the ecological zones, being essentially a massive swamp dotted with islands of dry land covering about 10,240 square kilometres (Mosunmolu, 1998). Most of the zone is at elevations of less than one metre, and it is generally muddy and under tidal influence. Within the zone are feeder channels that move tidal waters into the swamp, connecting channels and inter- fluves.
The freshwater swamp zone is characterized by seasonal flooding. It is during the rainy season that its swampy characteristics are vividly obvious. It has the most distinct subdivisions, is most diverse in terms of biology and supports a similar ecology to the one in the coastal barrier islands. The zone's three subdivisions are the flood forest zone or 'upper delta', the marsh forest zone and the eastern flank. The flood forest subdivision has large sand river channels, permanent creeks and seasonal flood creeks, and is inundated annually by the Niger River flood. Flood-free levees are common, while back swamps and cane forests help give the zone a highly diverse habitat. The marsh forest subdivision is also referred to as the transition zone. It is permanently swampy and under flooding from freshwater. Muddy swamp channels and raffia swamps can be found in the zone, and its species of wildlife are usually different from those of the flood forest zone. The eastern flank is thought to have been a flood forest when the Orashi River was a major tributary of the Niger Delta (Powell 1995).
The lowland rainforest zone is in the northern part of the Niger Delta region, beyond the areas of dense river and creek networks. It is not considered within the area defined by the natural limits of the Niger Delta, but falls within the broader Niger Delta area. This is the least swampy part of the region. It has a varied geology and terrain, but sedimentary rock formations, mostly sandstone with some shale and limestone, underlie most areas.
5.3 Coastal Geomorphology The Niger Delta progrades and changes its shape by the process of channel switching which occurs simultaneously at the different parts of the delta, and has been recognized by Allen,
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(1965) as having various types of depositional and morphological units which are: the coastal flats, river/lagoonal beaches, food plains, swamps, sand bars and flats, rivers, lakes, ancient and modern seas. Map 4 shows the geomorphic zones along the coastline.
Map 4: Niger Delta’s Coastal Geomorphic Zones
5.4 Ecologically sensitive areas The ecologically sensitive areas were the mangrove and freshwater swamp forests. The mangrove forest was a productive area. It served as spawning and nursery grounds for shell- and finfishes. The mangroves also served as nesting sites for aquatic and migratory birds and other animals. The swamp forest was rich in biodiversity (wide variety of economic plants, medicinal plants and animal life).
5.5 Climate The Niger Delta has a semi-hot, humid equatorial climate with wide variations from one part of the region to another. This is a place of uniformly high temperatures throughout the year, high relative humidity and intense rainfall, which occurs almost year round in the core delta, but becomes markedly seasonal further inland with increasing distance from the ocean. Copious rainfall coupled with the low relief and high water table produce frequent.
5.5.1 Rainfall The mean annual rainfall in the Niger Delta region varies from 4,000 millimetres in the coastal towns of Bonny (Rivers State) and Brass (Bayelsa State), to about 3,000 millimetres in the central Niger Delta towns of Ahoada (Rivers), Yenagoa (Bayelsa) and Warri (Delta) (Map 5).
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The rain falls throughout the year with peaks in June and September and lower amounts of rainfall from November to February (Fig. 3.3).
NIMET, 2008 (Source: USAID -2002)
Map 5: & Fig. 2: Rainfall Regime and Pattern of Delta Region in Nigeria
5.5.2 Relative humidity (RH) The pattern of relative humidity correlated with that of the rainfall described above. High values (over 95%) occurred in the rainy season. In the dry season, the high daily relative humidity values ranged from 86.5 to 92.0% and occurred between 2100 and 2400 h and later from 0100 to 0800 hours.
5.5.3 Temperatures Temperatures are high and fairly constant throughout the year. Average monthly temperatures for the- warmest months (February to April) range from 28 degrees Celsius to 33 degrees Celsius, while the average monthly temperatures for the coolest months, June to September, range from 21 degrees Celsius to 23 degrees Celsius.
5.6 SOCIAL 5.6.1 The People The Niger Delta region is extremely heterogeneous with respect to culture and ethnicity (Map 6). The five major linguistic and cultural groups-the Ijoid, Edoid, Delta Cross, Yoruboid and Igboid-are each composed of numerous sub-groups. The Ijoid, who are said to have the longest settlement history in the Niger Delta, are the most complex linguistically. Each of the Map 6: Main Niger Delta numerous clans of this group has some linguistic and cultural distinctiveness. In certain cases, villages in the Linguistic same clan have linguistic differences. This group, which occupies virtually the whole of Bayelsa State, is also found in Rivers, Akwa Ibom, Delta, Edo an Ondo states.
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The ethno-cultural complexity of the Niger Delta region is vividly illustrated by the fact that even a small ethnic group like the Ogoni (about 500,000 people) is made up of at least four cultural groups: the Khana, Gokama, Tai and Eleme.
5.6.2 Population, Sex and Age Structure Based on the 2006 census, the population of the four SEEFOR States stands at 14, 205,481 (Table 3). As shown, across the States, there is almost an even distribution of population between men and women in the Niger Delta region.
With regard to age structure, the UN Niger Delta Human Development Report of 2006 stated that ‘available information on the age structure of the population of states in the Niger Delta region depicts a large segment of young people below 30 years of age.’
Table 3: Population Census of 2006 for four SEEFOR States S/No State Land area Males Females Total (kms2) 1 Bayelsa 11,007 902,648 800,710 1 ,703,358 2 Delta 17163 2 ,074,306 2,024,085 4 ,098,391 4. Edo - 1 ,640,461 1,577,871 3 ,218,332 3 Rivers 10,378 2 ,710,665 2,474,735 5 ,185,400 Total 7,328,080 6,877,401 14,205,481
5.6.3 Settlement Patterns and Size Distribution of Settlements Settlement patterns in the delta are influenced by topography and drainage. • In the coastal beach ridge zone, dry land is readily available, though in narrow strips. Settlements in this area typically stretch along the coast with little breadth. Various wide estuaries separate settled areas. A number of sizeable settlements, such as Bonny, Akassa and New Forcados, are located here. • Given the fact that the mangrove swamp zone is a massive swamp with scattered islands, population is sparsely distributed. The swamp is virtually uninhabited except for fishing camps; some settlements exist on dry islands. Settlement size is dependent on the size of a given island. Large settlements include Buguma, Nembe and Burutu. • Land is more or less continuous in the freshwater swamp region, save for the numerous creeks. Since much of the land is swampy, habitation is usually in areas of high land. The levees along the rivers and creeks are the favoured sites, and often densely populated. Other areas are very sparsely settled. • Of all the zones, the lowland rainforest zone provides the best places for settlement. Most of the large settlements are found here, although the largest towns in the Niger Delta-Port Harcourt and Warri-are found in the transition zone between swampland and the more solid land of the lowland rainforests.
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Small settlements with less than 1,000 people) dominate in the Niger Delta, followed by settlements in the range of 1,000 to 5,000 people. In particular, large settlements with populations of 20,000 or more are few in the Niger Delta.
5.6.4 Economy Fishing and agriculture are the two major traditional occupations of the Niger Delta peoples. During the colonial era, forestry was introduced as the third major economic activity in the region. Today, agriculture, fishing and forestry still account for about 44 per cent of employment.
All three economic activities have declined since the ascendancy of the oil industry. The urban sector, with its concentration of informal sector activities, plays a growing role in the economy of the Niger Delta region. Trading (17.4 per cent), services (9.8 per cent) and miscellaneous activities (11.1 per cent) are the most important areas of employment, after agriculture, fishing and forestry overall. But a strong informal sector economic base is also growing in rural areas.
One major contemporary challenge facing the region's economy may be how to revamp the rural economy by optimizing and modernizing agriculture as well as fishing. The potential industries that reflect the relative advantages and natural characteristics of each SEEFOR state is outlined in Table 4.
Table 4: Potential for Rural Economic Growth in SEEFOR States
Source: NDDC Niger Delta Region Master Plan
5.6.5 Economic Growth That Promotes Sustainable Livelihoods Experience in other parts of the world has shown that in order to promote economic growth in backward regions, certain industries have the ability to generate the necessary backward and forward links to galvanize the local economy. Such propulsive industries are referred to as growth poles. They act like magnets, drawing other industries to their localities, as well as labour, social facilities and services, and infrastructural developments that ultimately foster economic development.
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The growth pole strategy could work in the Niger Delta, especially given the preponderance of small settlements and the low purchasing power of most of the people. Potential propulsive industries in the rural and urban areas of the Niger Delta State are outlined in Table 5.
5.6.6 Infrastructure and Social Services In general, the available social development indicators in the Niger Delta region point to inadequate, unavailable and poor quality infrastructure and social services, from water to telecommunications. The historical neglect of the region's development poses a steep barrier to attaining socio-economic transformation and poverty alleviation.
5.6.7 Cultural Resources Cultural resources in any country are very important in identifying any particular group of people. In some cultures, rivers, mountains, trees, etc are revered. There are sacred groves and shrines, religious artifacts and places of worship- churches, Masjid (Mosques), cemeteries, etc, which people tend to have emotional attachment and sensibility
Table 5: Urban Growth Poles and Their Potential Economic Activities in SEEFOR States State City Enterprise- Enterprise- R & D medium & Large Micro & Small Specilisation
Source: NDDC Niger Delta Region Master Plan
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In the Niger Delta, scared shrines, lakes and forests are scattered throughout the study area. Sacred forests, streams and lakes are categorized as cultural and natural resources, to which most of communities had access. While some of these resources which are revered or worshipped are within the community, others are some distance away. Box 1 contains a list of protected areas in the Niger Delta States
5.6.8 Social structure/trends and social groups Several social groups exist in the communities. Their origins depend on their mission. Church- related groups had existed for several years and are interested in the spiritual well being of their members. Some elders stated that the community organisations had existed since the beginning of their communities. These organisations include: • Women Associations • Youth Associations • Cooperatives • Social Clubs • Age Grades • Community Development Associations
5.6.9 Community power structure and governance The power structure of each community has the paramount ruler at the apex. The council of chiefs, Elders, CDC, Youths leaders, Women leaders, Age grades and
However, it should be noted that the major socio-political results of the changes in the Niger Delta have included the disintegration of societal values and the loss of traditional authority structures. In earlier times, youth were typically at the bottom of the hierarchy. Today, traditional rulers and elders in the various communities have lost control over the Box 1: List of Protected Areas youths. They have worked out their own, largely in the Niger Delta States unsustainable ways of reaching and dealing with the oil companies, governments at all levels, and national and international organizations. The influx of ‘stranger’ elements from other parts of the country and abroad has further diluted local cultures and safeguards. A whole new class of middlemen controls the sale and distribution of goods, down to the village level. For the environment and natural resources, this means that traditional arrangements for resource use and land management have virtually broken down. Clan rulers, village elders and family heads can no longer be relied upon to enforce traditional practices, which have negative consequences for the environment. Sustainable resource and environmental management will require local people to once more become active participants in using and overseeing local resources, including as partners with development agencies.
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5.6.10 Conflict and Management of conflict According to UN Report (2006), especially since the 1990s, the Niger Delta assumed the character of a conflict-ridden region. The delta’s peculiarities as the cradle of Nigeria’s oil industry and its associated externalities, the realities of a constricted land area, a fragile environment compounding difficult geographical terrain, the heterogeneity of cultures, extreme economic deprivations, and competition by individuals and communities for a greater share of the natural wealth of the region have combined to create a theatre of almost permanent violence.
There have been a number of conflicts amongst communities and between communities and companies. Some of the reasons include: Non-recognition of community as stakeholder Oil spillages Border/land disputes Agitation for employment Refusal of companies to repair damaged roads Non-payment of compensation Non-compliance with court rulings and orders Failure to honour MOUs Perceived intimidation of the communities Perceived .divide and rule tactics. Ineffective communication channels
Many conflicts have centered on renegotiating the memorandums of understanding that communities negotiate with the oil companies for benefits meant to compensate everyone in the community for the consequences of the oil activities. Since there are no standard or regulated compensation rates for either exploitation or spillage, different rates are paid to different communities. Conflicts arise when communities realize that they have not bargained hard enough and have not secured as many benefits as other communities.
5.6.10.1 Governance and Conflict The people of the Niger Delta region strongly believe that their various governments (state and local) have failed them (Table 6). This is because directly or indirectly, the government and its agencies, through negligence or outright failure, have over the years been implicated in most conflicts in the region. For instance, the government is seen to have fallen short on ensuring a proper legal and social environment for peaceful conflict resolution, which has contributed significantly to the emergence of parties that resort to violence in the Niger Delta. Regulations have been inadequate in terms of requiring companies to adopt and operate uniform corporate responsibility measures. This has been behind the problems with variations in the memorandums of understanding with host communities.
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Table 6: What the People of the Niger Delta Most Dislike about the Region
Source: ERML 2005
The failure of governance also incites violent conflict. When people feel betrayed by the government through its neglect of their well-being and security, they may resort to violence to seek redress. Declining economic performance leading to rising unemployment or underemployment; a lack of access to basic necessities of life like water, shelter, health facilities, food and clothing; discriminatory policies that deny access to positions of authority and influence so people can participate in shaping the rules by which they are governed.
Corruption aggravates feelings of being cheated when the rulers are seen to live ostentatiously amid mass poverty and extreme want.
5.6.10.2 Economic and Social Costs of Conflict The economic and social costs of conflict in the Niger Delta region are enormous, both directly and in terms of lost opportunities. A general agreement among all stakeholders, including the various tiers of government, the local people, civil society organizations and the oil companies, is that sustainable development cannot be achieved in the face of constant fighting. The most obvious public concern is the disruption of oil exploitation and allied activities, which drags down the economy and leads to the loss of foreign exchange sorely needed to finance national development. Blown pipelines disrupt the supply of crude oil to refineries and result in shortages of petroleum products and energy. The international oil market feels the shock through sudden rises in crude oil prices.
Violence hurts individuals and communities by endangering their livelihoods. It discourages investments in the region that could bring new jobs. Whole villages have been destroyed and the populace displaced because of conflict that could have been amicably resolved. Diminished prospects for children unable to go to school as a result of violence constrain the development of critically needed human capital.
5.6.10.3 Conflict resolution strategy Due to the inter-and-intra community conflicts, government and community conflicts, oil companies and community conflicts which had existed conflict resolution strategy does exist in a number of the communities and some States (such as Bayelsa) have indeed set up such establishment.
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UN report noted that the lack of appropriate avenues for redress is one of the major causes of the conflicts in the region. The following strategies are used in resolving conflict in the communities: community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders assembly, religious leaders, juju priests, youth council, women groups, the police and courts. Conflict resolution could attract penalties such as fines, seizures of assets and ostracisation. In addition, some State Government, such as Bayelsa, has set Agencies directly responsible for conflict resolution.
5.7 Environmental health 5.7.1 Water supply The sources of water for domestic use include pond, river, rain and boreholes (Plate 1). Most of these sources (except borehole in urban areas) are usually contaminated. The communities do not treat their water before drinking.
Plate 1: A man scooping water from a shallow well, a typical source of water in the Niger Delta (UNDP)
5.7.2 Wastes and Waste Management The types of wastes generated are mostly from domestic, agricultural, fishing, commercial, industrial and trading activities, as well as human/animal faecal deposits.
Generally, in the location within the rural and urban areas, the identified disposal methods in the communities include: open dumping, bush dumping, pit latrine, Rivers, streams/creeks and Water system.
Thus wastes generated are disposed indiscriminately in bushes, rivers/stream, creeks/creeklets. Domestic wastes are collected in baskets, old basins or buckets, nylon bags, and paper cartons. Wastes from agricultural and fishing activities are collected and disposed off at farm sites, riverbanks, bushes and open dumpsites.
Commercial/Trading center wastes are also disposed of in bushes, surface water bodies, and in open dumpsites. Human/animal faecal wastes are disposed of in the bush and occasionally in dug holes in the bush to defaecate. Pit latrines are found in the communities. In riverine areas, defaecation into water bodies is common. Few water closet types are found in the rural communities and mostly in the urban centres. 5.7.3 Nutritional status
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The dietary patterns of communities are similar, especially in the rural areas. Starchy staples such as cassava, rice, yam and plantain were widely consumed in various forms. Vegetables and fruits are copiously consumed as major sources of minerals and vitamins. The sources of animal proteins are the seafood such as fish, shrimps, crayfish, oysters snails and periwinkles.
5.8 PROBLEMS IN THE REGION Prior to oil and gas exploration and exploitation, the Niger Delta is by virtue of its location, has been consistently susceptible to flooding, situation and occlusion, emission and shortage of land for development (UNDP).
Specifically, the following are the main problems in the Region. • Flooding is widespread in the Niger Delta because of low relief, reduced hydraulic capacities of water channels and high rain fall. Seasonal flooding occurs in the freshwater swamp forest zone during floods, induced by local rains and release at peak flood from upstream dam spill ways. • Riverbed and coastal erosion are prevalent in the region, resulting in the displacement and forced relocation of many communities and destruction of public facilities, houses and other economic assets. While riverbank erosion is caused by river flood waters, coastal and brackish water zones are eroded by the combined action of high tides and waves. In some of the larger settlement, there have been attempts to control this erosion, but the problem remains acute in many large settlements and in most small settlement. • The sluggish nature of the river meanders in the Niger Delta has encouraged the situation of many river channels and narrow creeks. This in turn increases the rate of filling up and the growth of aquatic plants in the fresh water swamps. The weeds occlude the navigable section of waterways and hamper fishing. • Niger Delta suffers from shortage of land for development because of the scarcity of dry and relatively well-drained land in the region especially in the Barrier Island Forest, Mangrove and Freshwater Swamp Forest zones. This has made housing and settlement development very difficult and costly. The dynamics of flood and tidal movement further reduce available and space creating the need for many communities to negative in uncontrolled land reclamation with some negative environmental impacts. • The commencement of oil and gas exploration and exploitation about half a century ago has brought additional environmental problems associated with canalization, oil spillage; gas flares, and land subsidence depletion of forest resources, riverbank and coastal erosion and so on. • Canalization resulting from attempt by oil companies to construct canals to shorten travel time and improve access to production facilities has caused saltwater intrusion into freshwater zones, and destroys ecological system. The increased accessibility resulting from canalization has aggravated illegal logging activities with adverse environmental consequences. The canals have also provided access for water hyacinth to invade swamps and waterways and so impede navigation. • Available records show that a total of 4,835 oil spills occurs between 1976 and 1996 and approximately 2.5 million barrels of oil were spilled on the environment. Out With the
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expansion of oil exploitation, the incidence of oil spills has increased coof this amount, 77% was not recovered. Approximately, 6%, 25% and 69% respectively were spilled on land, swamps and offshore environments. These oil spills have degraded the forest and depleted aquatic fauna in a number of localities. In 2007 alone, 553 oil spills were reported by The National Oil Spill Detection and Response Agency (NOSDRA). • Gas flaring remains a major issue in the country. Nigeria currently flares about 96% of associated gas because of limited local market and the lack of infrastructure. In addition to contributing to localization air and thermal pollution with adverse consequences for biodiversity and local climate gas flaring amounts to a monumental waste of valuable resources. • There are indications that the extraction of large quantities of oil and gas from the region is continuing to cause subsidence. Land subsidence is suspected to have occurred in Molume and Bonny and in other parts of the central delta axis. • Oil exploration has increased the rate of illegal logging and further worsened the rate of deforestation and biodiversity loss. Extensive deforestation has accentuated the inflow of eroded materials deposited by the major water bodies, disturbing aquatic animals in particular. • Deforestation, canalization and subsidence, have worsened erosion problems. In addition, oil and gas activities have also contributed to the increasing menace of erosion through the construction of shore-crossing pipeline, jetties and moles.
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SECTION 6 - INSTITUTIONAL AND REGULATORY FRAMEWORK
6.0 Introduction This section discusses the key MDAs as well as the other stakeholders whose statutory functions bear on or relate to the implementation of SEEFOR. In Particular, the Section highlights the MDAs with regard to the prevailing situation in each of the SEEFOR States (Bayelsa, Delta, Edo and Rivers, in that order).
6.1 BAYELSA STATE 6.1.1 State Ministry of Environment The Ministry of Environment develops and implements State policy, programs and legislation to protect and conserve Bayelsa’s environment and natural heritage. The Mission of the Ministry is to ensure that Bayelsa State attains a sustainable, healthy, clean, pollution/toxic free and stable environment.
The Goals include : Create a high level of awareness amongst Bayelsa people on the need to keep their environment clean Conserve the fast depleting flora and fauna in the State starting with the establishment of one new forest reserve each year Review and update laws to enforce guidelines on protecting and conserving the environment in terms of oil, air, noise pollution Attain and maintain best practices and international standards on environmental issues Achieve the highest standards in waste management Conduct a State survey of oil spill sites and create a database to manage the cleanup of the identified sites
Bayelsa State Ministry of Environment Management Structure The Organogram in Fig.3 gives a highlight of the management structure of the ministry with the Honourable commissioner as the head.
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Fig 3: Bayelsa State Ministry of Environment Organogram
Parastatals under the Ministry of Environment Include Bayelsa State Environmental Protection Agency (BYSEPA) In accordance with the provisions of Section 24 of FEPA Decree 58 of 1988 and Chapter 131 of the laws of the Federation of Nigeria, Edict No 2 of January 1994, the Bayelsa State Environmental Protection Agency (BYSEPA) was established.
The Bayelsa State Environment and Development Planning Edict of 1999 assigned the responsibility for the protection of the environment, biodiversity, conservation and sustainable development in the state to BYSEPA. This Agency is part of main Ministry of Environment now
Bayelsa State Environmental Sanitation Authority Without prejudice to the constitutional functions of local government councils as respects the provision and maintenance of public conveniences and refuse disposal, the authority shall be responsible for formulating policies and strategies aimed at promoting environmental hygiene and sanitation and facilitating the disposal of refuse and other waste products in the state. Specifically, the authority is responsible for- • The maintenance and of a clean and healthy environment in the state, • Providing refuse collection points and centers for removal and final disposal of such refuse; • Directing and controlling the dumping of refuse in the state; • Ensuring the clearing of refuse from collection points and centers; • Devising and employing approved methods and measures for improved refuse disposal; • Ensuring the opening and clearing of public drains to allow for free flow of waste, • Ensuring the cutting of grasses along public and open high-ways and public open spaces.
Bayelsa State Forestry Board
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The Board is autonomous but work closely with the Ministry of Environment. The functions of the Board include: a) Attract money into the purse of the Board in order to enhance the forestation program in the state; b) Provide funds for the establishment, management and conservation of forest resources; c) Participate in the capitalization of research organizations formed by public and private enterprises, industrial firms or industrial groups; d) Make grants for the furtherance of research and development in forestry, in accordance with the national policy on agriculture; and e) To provide funds for the commercialization of research and development results.
6.1.2 THE MINISTRY OF GENDER AND SOCIAL DEVELOPMENT General Objectives The activities of the Ministry focus primarily on the total development and promotion of the family with specific interest on women, children, the disable and the elderly. Hence it serves as the springboard for the overall mobilization of women in Nigeria as follows: a) Promote the welfare of women in general. b) Promote the welfare of the child and intimate actions for the development of the child within the protocols of the international convention on the rights of the child. c) Promote the full utilization of the potentials of women in development of human resources and bring about their acceptance as full participant in every phase of natural development with equal rights and corresponding obligations. d) Promote responsible motherhood and good maternal health of women. e) Stimulate actions to improve women civic, political, cultural, social and economic education. f) Support the non-governmental organizations and play coordinating role between government and women organization in Nigeria. g) Encourage the concept and essence of co-operative societies among women both in the urban and the rural areas and stimulate creative entrepreneurship in the field of cottage and small scale industries. h) Promote the cost of the disabled and the elderly and stimulate public awareness and course responsibilities on this segment of the society. i) Formulate and propagate moral values within the family units and the public generally. The goal is pursued in liaison with institution and organizations to inculcate moral education in women and children. j) Serve as a major advocacy channel for women and children.
DEPARTMENTS The ministry consists of seven (7) departments viz 1. Women Affairs Department 2. Rehabilitation 3. Children Department 4. Social Welfare Department 5. Planning Research and Statistics
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6. Personnel and Management Services 7. Finance and Supply
Of these Departments, the specific function of two departments, namely: Women Affairs Department and Rehabilitation are worthy to note. Their functions include:
a. Women Affairs Department (i) CO-ordinates and monitors the activities of women organizations and encourages their formation (ii) Assists in the identification of economically viable enterprises for income generation to enhance poverty alleviation economic empowerment (iii) Embarks on economic enlightenment campaigns to encourage the establishment of cottage industries at the grass root (iv) Assist families increase their agricultural productivity as well as improving their nutritional and health status through awareness campaign at the grass root (v) Promotes the advancement and observance of human rights, social, justice and human dignity among women (vi) Helps families learn more about the psychological dynamics of the family as he most vital social organ in development values, integral to national development. b. Rehabilitation: (i) Ensure effective management of crisis situation of the disable (ii) Ensure appropriate training of the handicapped in order to reduce dependency (iii) Make available to all persons with disabilities adequate physical, social and mental health care facilities.
6.1.3 MINISTRY OF WORKS & TRANSPORT The Ministry has the following functions: Surveying, planning and designing of state roads/drainage/sewage schemes etc. Construction, maintenance and supervision of road and their infrastructure projects. Conception, designing, construction, maintenance and supervision of public buildings such as offices, playgrounds, packs, amphitheatres, etc. Procurement repairs and maintenance of heavy duty plants, equipments, machinery and other vehicles. Dredging operations and keen capturing of river and coastal engineering implications. Consultancy work and services on engineering, technology and environment concerns as well as on heavy duty equipments/plants as it relates and affects the roads, bridges, drainage, and other infrastructure project/program/studies. Investigation and research into soil and construction materials. Central registration of contractors, suppliers and consultants to Bayelsa State.
Departments The following Departments/Component Units exist in the organization: Administration Finance and Supply
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Planning, research and Statistics Civil Engineering Architectural services Quantity Surveying/Building Services Mechanical/Electrical Engineering Transport
6.1.4 MINISTRY OF YOUTH, CONFLICT RESOLUTION & EMPLOYMENT GENERATION The Ministry is the Bayelsa State Government’s response to the challenges of youth restiveness, unemployment and crisis in the State. The hitherto autonomous agencies of Bayelsa State’s Employment Center, Center for Youth Development and Youth Department of the Sports Ministry were amalgamated to form the nucleus of this new ministry.
The Main Policy Thrust is hinged on what is described as the triple ‘E’ policy of: • Engagement • Education & employment • Enforcement
Mandate of the Ministry With this the mandate of the Ministry includes: • Policy formulation • Registration of Youth Organization & NGOs • Formulation and Implementation of Youth projects/programs • Formulation and Implementation of Employment Generation/Entrepreneurial Development Projects/Programs • Develop and Maintain Employment/Unemployment Data Base • Formulation and Implementation of Conflict Prevention, Management and Resolution Projects/Programs • Restoration of Peace and Stability in Conflict Areas.
Intervention Strategy The Ministry adopted three pronged approach, namely: Youth Development & Security, Conflict Prevention, Management & Resolution and Partnership. The main elements of these are given below:
Youth Development & Security • Formulation and Implementation of Youth Development Policies • Formulation, Implementation, Monitoring and Evaluation of Youth Developmental projects/programs • Conduct Youth Census and Values reorientation programs • Youth Parliament – a rallying point for the youths
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• Democratize National Youth Council Bayelsa state Chapter & other Youth Organizations like Ijaw Youth Council (IYC) • Streamline Youth Organizations – too many Youth Groups • Establish Youth Desk/Officer in each L.G.A • Collaboration with companies, local and international development agencies
Conflict Prevention, Management & Resolution a. PRE-CONFLICT • Strengthen the Justice System/Rule of Law • Formulate Conflict Prevention and Resolution Policies • International Center for Peace & Conflict Resolution • Mass Sensitization Program • Early warning System (Community led initiative) • Conflict Desks/officers in all Government Ministries/Agencies • Host Communities to sign Community Development Agreements with oil companies as against Memorandum of Understanding (MOU) b. CONFLICTION INTERVENTION • Stop ransom payments • Engagement (Mediation and Negotiation) • Enforcement c. POST CONFLICT • Restoration of Peace and Stability – through consultations and stakeholders forum • Disarmament, Demobilization, Rehabilitation, Reconstruction & Reintegration • Conflict Audit/Impact Assessment Employment Generation/Entrepreneurial Development • Create enabling environment for private sector investment/foreign Direct Investment (FDI) • Formulate Employment Generation & Contract Award Policies • Provide Employment service to match jo applicants with available vacancies, particularly in the private sector • Ensure a well-planned and properly articulated employment generation program in the state • Ensure, through continuous monitoring, that Bayelsa state quota in the Federal Services/Agencies is adequately utilized • Counseling and advising job seekers on employment prospects • Initiate and maintain a continuing study of the state manpower needs at the skilled workers level • Employment legislation (Community & Local Content0 • Development of Employment Data Base • Training Bayelsans to be fit and qualified for available job and Entrepreneurial opportunities • Microfinance programs for current and aspiring entrepreneurs
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• Liaise with employers of labour on available job opportunities • Establishment of Business Development Centers aimed at motivating people to start their own business through access to business information, management training and finance • Business awareness and Export opportunity Programs to promote enterprise development among young people • Attract, plan and organize the effective utilization of special financial assistance from world bodies and international agencies like World Bank, USAID, ILO and UNDP towards youth empowerment and self reliance scheme.
Partnership In carrying out its programs, the Ministry partners with the following: • Oil & Gas major service companies operating in the state. • State and Federal Agencies such as SMEDAN, NDE, NEPAD, etc. • Organized private sector organizations such as Banks, Construction companies, Telecoms, etc. • International Donor Agencies such as WORLD BANK, UNDP, USAID, ILO, etc. • Inter-ministerial partnership especially energy, works, transport, education, sports, agriculture, etc.
6.1.5 BAYELSA STATE CSDP The overall goal of the CSDP is to improve access to services for Human Development (HD). To achieve this goal, the Project Development Objective (PDO) is to support empowerment of communities and Local Government Authorities (LGAs) to sustainable increase assess of poor people to improve social and natural resources infrastructure.
Specially, the CSDP hopes to: • Empower communities to plan, part-finance, implement, monitor and maintain sustainable and socially inclusive multi-sectoral micro-project; • Facilitate and increase community-LGA partnership on HD-related projects; and • Increase the capacity of LGAs, State and Federal Agencies to implement and monitor CDD policies and intervention. • Leverage federal, state and local government resources for greater coverage of CDD interventions in communities.
CSDP Institutional Arrangement The CSDP is managed at the State CSDP Office, an agency set up by law of the State Government in agreement with the funding agency (World Bank). The institutional and management structures and linkages of the Bayelsa State Agency are such that they are economic, efficient and responsive to beneficiary needs and promote existing capacities for decision-making on all project processes. Thus, the guiding principle emphasizes deliberate
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inclination in the design to develop power over management of development finance to actors and beneficiaries that mostly desire these resources within their localities or spheres of influence.
There are three broad categories of institutions that must exist, to facilitate the attainment of the CSDP objective. They are: d. State Level Institutions • Bayelsa State Agency Board (SAB) • Bayelsa State Agency (SA) • Relevant Ministries, Departments and Agencies (MDAs). e. Local Government Level Institutions • Local Government Review Committee (LGRC) • Local Government Desk Office (LGDO) f. Community Level Institutions • Community Project Management Committee (CPMC) • Sub-Committees
6.1.6 Bayelsa State Fadama Coordination Office (BYSFCO) The responsibility of this office is to implement the Third Phase of the National Fadama Development Project in the State.
The Third National Fadama Development Project (NFDP III) is a World Bank Assisted Project which aims at building the capacity and sustainably increasing the incomes of all Fadama resource users. Bayelsa State Fadama Coordination Office (BYSFCO) is located within the premises of the Bayelsa State Agricultural Development Programme Office. The Fadama resource users include pastoralists, crop farmers, fisher folks, hunters, gatherers, processors, marketers and other service providers.
The project is adopting a Community Driven Development (CDD) approach, in which all Fadama resource users are encouraged to develop participatory and socially inclusive Local Development Plans (LDPs).
The institutional and management structure is not different from that of CSDP.
6.1.7 BAYELSA STATE SUSTAINABLE DEVELOPMENT STRATEGY The Ministry of Agriculture and Natural Resources provides professional services to the agricultural, fisheries and livestock industries, and addresses the challenges of natural resources management. The Ministry ensures global best practice in the management of Bayelsa agriculture, fisheries and livestock industries.
Specific policy advice is in the following areas: 1. Self sufficiency of food production; 2. Agriculture and fisheries export markets; 3. Agriculture cooperatives; 4. Offshore commercial fishing;
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5. Livestock management.
6.2 DELTA STATE
6.2.1 DELTA STATE MINISTRY OF ENVIRONMENT The Ministry of Environment created April, 2001 is assigned the following responsibilities: 1. Environmental Policies: 2. Environmental protection and control ; 3. Environmental Technology including initiation of policy in relation to environmental research and technology 4. Planning designing and construction of ecological and environmental facilities; 5. Environmental Sanitation and Urban Waste Disposal and Management 6. Provision of Sanitary means o human disposal; 7. Liasing with oil companies on pollution and Environmental Matters: Forestry, Soil and water conservation, Wild life Preservation, Botanical Gardens, etc
Parastatals in the Delta State Ministry of Environment a. Delta State Environmental Protection Agency (DELSEPA) The Agency has the following functions 1. Prepare and update a State Environmental Action Plan to improve the quality of the environment. 2. Cooperate with the Federal Environmental Protection Agency and other relevant National Directorates/Agencies in the promotion of Environmental education in the citizenry. 3. Monitor the implementation of the Environmental Impact Assessment (EIA) and the Environmental Audit Report (EAR) guidelines and procedures on all development policies and projects within the State. 4. Clarify and reinforce the role of Local and State Administration in the Management of wastes and other forms of pollution. 5. Mobilize the inhabitants of all areas in the State for the effective observation of environmental rules and guidelines for the promotion of healthy and safe environment.
MANAGEMENT The Agency has the following Departments for effective and efficient performance of its functions: i. Finance and Administration; ii. Planning, Monitoring and Evaluation; iii. Natural Resources Management; iv. Waste/pollution Management and; v. Legal Services.
b. Delta State Waste Management Board The Board has the following functions:
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i. Clear refuse from designated refuse dumps and bins along the streets and corners of the villages, towns and cities in the state; ii. Manage the disposal and recycling of refuse and other waste materials in a manner that will cause little or no harm to the environment and people living in the state. iii. Acquire and maintain refuse dumpsites and recycling facilities in all Local Government Areas of the state; iv. Procure and maintain all vehicles and equipment necessary for proper management of refuse and waste materials in the state; v. Control, recycle and manage effluent discharge industrial and domestic waste from households and companies operating within the state; vi. License, register and regulate the operations of all waste management companies in the state; vii. Formulate and foster private sector participation schemes in waste management in partnership with registered waste management companies; viii. Educate the public on the importance and different methods of waste management for the purpose of maintaining a clean and sustainable environment and improving public sanitary habits and health standards; ix. Monitor and enforce complaints with waste management standards and practices prescribed under this law; x. Monitor and evaluate from time to time as the Board may determine the possible effects of the dumpsites waste on the environment and cast effective restoration; xi. Develop the skills and knowledge of its employees and provide facilities for training, education and research; xii. Undertake research in waste management methodology and technology; xiii. Establish waste treatment and recycling facilities in the states; xiv. Advise Government in the formulation of waste management policies and in the preparation review of action plans on waste management; and xv. Perform such other functions as may be prescribed by a law of the House of Assembly.
Administrative structure and control The following departments exist in the Board: (a) Department of Finance and Supplies; (b) Department of Operations; (c) Department of Administration and Human Resources; (d) Department of Legal Services and Compliance.
6.2.2 MINISTRY OF LANDS, URBAN AND REGIONAL PLANNING The Ministry has the responsibilities for the following: Land policies; Advice on Land Tenure; Management of Land and Government properties; Administration of Land Use Decree;
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Town Planning; Urban Development; City and Town Rejuvenation.
Parastatals Urban Planning Board; Land Use and Allocation Committee. Office of the Surveyor-General with responsibility for: Boundary Surveys; Mapping and Geo- Informatics; Cadastral and Special Surveys
6.2.3 MINISTRY OF WORKS This Ministry has the responsibilities for: • Public Works including the construction and maintenance of State Government Urban and Rural Roads, Bridges and Drainages; • Explosives; • Sewage and Waste Water Control.
6.2.4 MINISTRY OF AGRICULTURE AND NATURAL RESOURCES The Ministry of Agriculture has the major responsibilities in the followings: • Agricultural Services; • Produce Inspection; • Livestock; • Veterinary Services; • Fisheries; • Special Agricultural Projects.
Parastatals • Agricultural Development Programme; • Delta Agricultural Procurement Agency; • Tree Crop Unit; • Tractor Hiring Unit; • Communal Farms
6.2.5 MINISTRY OF WATER RESOURCES DEVELOPMENT This Ministry was created in 2001 with the following functions: 5.1.1 Responsibilities: i. Urban and Rural Water Supply; ii. Dam Development iii. Control of water bodies of both surface and underground iv. Hydrological and hydro geological research v. Supervision of: - Urban Water Board; and
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- Rural Water Supply Agency.
The Ministry is made up of Seven Departments: (i) Administration (ii) Planning, Research & Statistics (iii)Finance and Accounts (iv) Technical Services (v) Hydrology & Hydrogeology (vi) Rural Water Supply (vii) Urban Water Supply Parastatals: • Urban Water Board. • Rural Water Supply Agency/Board
6.2.6 MINISTRY OF WOMEN AFFAIRS COMMUNITY AND SOCIAL DEVELOPMENT Established to in 1998, to serve as a veritable catalyst for the actualization programmes and services. Its functions and activities permeate all spheres of human interests and caters for the needs of diverse group of individuals across the state, ranging from aged, youths, women, physically challenged destitute and children Carries out quite a number of activities which include o Commercial Snacks Productions o Grants to Widows living with HIV/AIDS o Residential Life Skill Acquisition Programme- The team visited the centre where about 21 young women are undergoing rehabilitation. It was exciting to know that the young women are being taught a number of skills ranging from snailry, fishery, catering, tailoring, hairdressing, etc. o Organizations of workshops on Women and Climate change
6.2.7 DELTA State DIRECTORATE OF YOUTH DEVELOPMENT This is charged with the responsibilities for: • Youth Registration and Development; • Development of Youth Skill Acquisition Centers and Poverty Eradication Programme; • Youth Clubs; • Children and Youth Day Celebration
6.3 EDO STATE 6.3.1 Ministry of Environment and Public Utilities The Ministry of Environment and Public Utilities came into being at the inception of this administration on Jan 23, 2009. Prior to this time, it was known as the Ministry of Environment and Transport with the merger of the erstwhile Ministries of Environment and Transport in July, 2007. It is to be noted that the Ministry transformed from the Edo State Environmental Protection Board (EDSEPA) into a full fledged Ministry in line with national trend on the 10th of April,
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2000. Shortly after, Solid Minerals Arm was added, but was later excised in 2006 and taken to the Ministry of Arts, Culture, Tourism and Special Duties.
The assigned responsibilities to the Ministry are: • Environmental Policies Environmental protection and control ; • Environmental Technology including initiation of policy in relation to environmental research and technology • Planning designing and construction of ecological and environmental facilities; • Environmental Sanitation and Urban Waste Disposal and Management • Provision of Sanitary means of human disposal; • Supervision of Edo State Environmental Waste Management Board • Forestry and Wild life Preservation
The ministry is made up of five departments and a Board they include:- • Forest Conservation and Regeneration • Forest Management and Utilization; • Department of Finance and Account • Department of Administration and Supplies • Department of Environment • Waste Management Board
The Department of Environment presently consists of three Divisions and one Board, namely:
1. Flood and Erosion Control. 2. Pollution Control, Sanitation and Waste Management. 3. Laboratory Services 4. Environmental and Waste Management Board. These departments are responsible for policies initiation, process and institutions monitoring as well as advisory services to the State government on all environmental priorities for the promotion of a safe, healthy and sustainable environment as follows;
• Initiation of Policies in relation to protection and development of the environment in general • Monitoring of the state of the environment in the state by ensuring that there is due compliance with the environmental guidelines by all stakeholders and various organizations in the state; • Liaising with the Federal Ministry of Environment, Housing and urban development in ensuring effective harmonization in the implementation of the National Policy on Environment • Monitoring the management of industrial solid waste/effluent by industries/companies; • Design and construction of flood and erosion control, sewage drains and solid waste facilities • Advising the Government on the state environmental policies and priorities as well as on scientific/technological activities affecting the environment.
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• The environment wholly or in cooperation with Local Government Environmental Sanitation/Waste Disposal outfits; • Monitoring the implementation of the Environmental Impact Assessment (EIA), Environmental Audit Report (EAR) guidelines and procedures on all development policies and projects within the State; • Mobilizing the inhabitants of the State for the observation of environmental rules and guidelines for the promotion of a healthy and safe environment
6.3.2 MINSTRY OF LANDS, HOUSING AND SURVEY The Ministry has the mandate to manage all lands in Edo State, survey, map and chart all real estates in the State. To acquire value and allocate public real property for public projects and gazettes such acquisitions by the state with the ministry.
POLICY OBJECTIVES The policy objectives of the Ministry are to process all instruments evidencing ownership and possession of real estate in the state. And to keep in custody all real estate instruments, records, and their management.
The Ministry of Lands, Urban and Regional Planning is charged with the responsibilities for: • Land policies; • Advice on Land Tenure; • Management of Land and Government properties; • Administration of Land Use Decree; • Town Planning; • Urban Development; • City and Town Rejuvenation.
The Parastatals in the Ministry include: Urban Planning Board; Land Use and Allocation Committee. Office of the Surveyor-General with responsibility for: Boundary Surveys; Mapping and Geo- Informatics; Cadastral and Special Surveys.
Structure of The Ministry: The Ministry is structured into Offices, Departments and Units as follows. (a) Office of the Hon. Commissioner (b) Office of the Permanent Secretary (c) Six Departments (i) Department of Administration & Supplies (ii) Department of Finance and Accounts (iii) Department of State Capital Development (approved by Exco in 2009)
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(iv) Department of Surveys (v) Department of Lands (vi) Department of Town Department PARASTATALS: (a) Edo State Development Property Authority (EDPA) (b) State Land Use Allocation Committee (SLUAC) UNITS: (a) Internal Audit (b) Public Relations
6.3.3 MINISTRY OF AGRICULTURE The Ministry has the Vision Statement: To make Edo State the food basket of the nation for enhanced social and economic wellbeing of its citizenry and Mission Statement: An enhanced access to agricultural production resources for all in order to achieve food security, reduce poverty and ensure a thriving Agro- business in the State. The Ministry of Agriculture is charged with the responsibility of implementing an agricultural policy of the state with a view to ensuring food security.
This Ministry seeks to: • Promote farmer-friendly agricultural policies; Develop rural economy and protect the environment; Coordinates all agricultural efforts; Liaises with other agencies, both local and foreign on specific area of agricultural promotion and development.
The Ministry has the following Departments: • Administration and Supplies • Finance and Accounts • Agricultural Planning, Research and Statistics • Agricultural Services • Farm Services, Crop Protection and Pest Control • Fisheries • Produce • Veterinary Public health and Preventive Medicine • Veterinary Services • Development of cattle, sheep and goats at ranch level.
6.3.4 MINISTRY OF ENERGY AND WATER RESOURCES The Policy Trust or Mandate of the Ministry of Energy and Water Resources is to provide Light and Water to all nooks and crannies of the State. This mandate is being pursued with such vigor and doggedness that in no distant time, the total population of Edo State would have had their villages and towns supplied with light and portable Water. This is what is meant by integrated Rural Development, which is one of the cardinal programmes of this Administration.
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The Strategic Intent of the Ministry:
VISION STATEMENT OF THE MINISTRY All Urban, Peri-Urban and Rural Communities are to be provided with reliable potable water and have electricity supply by being connected to the National Grid by the year 2020. Thus, the prevalence of water borne diseases will be completely eliminated, and the social economic activities will be tremendously enhanced.
MISSION STATEMENT OF THE MINISTRY The Ministry envisages that reliable potable Water supply will be provided to at least 25 communities and electricity supply to at least 20 communities with a population of not less than 500 people every year, such that there will be yearly increment of 1.0MW of electricity supply to the State.
The strategies adopted in pursuit of this goal are: • To identify the Rural Communities that could be electrified and connected to the National Grid; • To carry out engineering measurement/survey with a view to determine the actual needs of the communities; • Costing the bills of quality; • Advising on steps to be taken in actualizing the dream of government; • To carry out similar surveys (geographical) in the area of Water Supply. • In designing a schedule for water, both short and long term approaches are adopted. The short term approach had to do with provision of Boreholes at some designated points in the towns affected while the main water supply project which had to do with provision of Dams would constitute the long terms approach.
The Ministry has the following Departments; • Department Of Administration And Supplies • Department Of Finance And Accounts • Department Of Urban Water, Rural Water And Sanitation • Electrical/Mechanical Department
6.3.5 MINISTRY OF LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS The Ministry of Local Government is charged with responsibility for: • Co-ordination of the activities of Local Government Councils; • Local Government and Communal Boundary Disputes; • Maintenance of Law and Order in Local Government Areas in collaboration with Law Enforcement Agencies; • Local Government inspection; • Local Government Management Audit; • Civic Registration; • Public Relations in Local Government Areas;
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• Matters relating to Local Government Loans and Contracts; • Training of Local Government Political Office Holders; • Local Government Employee Schemes of Service and Pensions.
6.3.6 MINISTRY OF INFORMATION AND ORIENTATION The Ministry of Information and Orientation assumed its present status of a Ministry in 2003 when it was upgraded from a Bureau to the Bureau of Information and Orientation. In January 2007 two additional departments: Orientation, Publication and Documentation were created in the Ministry to enhance its functions.
Ministry of Information is charged with the responsibilities for: • Government Printing Press • Information dissemination and management • Publications and Production Services • Edo Broadcasting Service: • Ethiope Publishing and Printing Company Limited
The Ministry has six departments each headed by a Director. • Administration and Supplies • Finance and Account • Information • Orientation • Publication and Documentation • Community Development. The Department of community Development has the overall responsibility of mobilizing, stimulating and educating members of the communities in Edo State to organize available human and material resources to undertake self-help development projects that will improve their standard of living. Among other things, the department carryout the following functions: • Sensitize communities on sources of getting assistance for the development of their own community through self-help development efforts. • Link communities with other development agencies for partnership in development process. • Design and implement series of programmes of social and economic value and for self actualization of members of the community. For effective management of the various services, the department is structures into • Self help and field operations • Community Development occupation programmes and • Community development training/leadership training.
6.4 RIVERS STATE 6.4.1 RIVERS STATE MINISTRY OF ENVIRONMENT
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Mandate Of The Ministry The mandate of the Ministry is as follows:- I. To formulate, execute and review Policies on Environmental/Ecological matters in Rivers State. II. To advise the Governor on Environmental/Ecological matters. III. To monitor and evaluate all Environmental/Ecological programmes and projects in the State. IV. To protect the physical, biological and chemical environment of the State and bequeath the present and future generation of Rivers State a clean, healthy and sustainable environment. V. To ensure that the State has pollution-free environment by monitoring the effluent and gas discharges of companies operating in the State. VI. To formulate policies on waste management and ensure effective disposal of refuse and sewage.
Structure/Organization Of The Ministry There are eight (8) Departments and an Internal Audit unit in the Ministry through which the mandate of the Ministry is being achieved. All the Departments of the Ministry are supervised by the Permanent Secretary of the Ministry and headed by Directors and /or Acting Directors. The departments are:
• Administration Department. • Inspectorate, Enforcement and Monitoring Department • Environmental Planning, Research and Statistics Department • Pollution Control Department • Claims, Compensation & Relief Department • Finance & Supplies Department • Flood, & Erosion Control, Coastal Zone Management • Environmental Health & Safety Department
6.4.2 MINISTRY OF LAND AND SURVEY The Ministry’s objective is to process all instruments evidencing ownership and possession of real estate in the state and also keep in custody all real estate instruments, records, and their management
Functions Generally, the Ministry `advises Government as well as manage Lands and all other landed properties belonging to the State Government situated within and outside the State. The specific functions include:
i. The Ministry of Lands and survey is responsible for the acquisition of Land for both Federal and State Government projects.
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ii. It is the starting point of all physical development in the State by recommending to the Governor on the allocation of State (Acquired) lands to individuals and organizations as well as the management of all State Lands. iii. The Ministry is responsible for the preparation of Certificates of Occupancy which evidence the grant of State lands and the transfer of interest by the customary land holders. The Land Use and Allocation Committee is also an organ of this Ministry. iv. In the event of alienation of rights of occupancy by ways of Mortgage, Subleases, Assignments etc, the Ministry processes the applications for the Governor's Consent as required under Section 22 of the Land Use Act and recommend same to the Governor or the Commissioner delegated for that purpose under Section 45 of the Land Use Act. v. The Deeds Registry of the Ministry is the custodian of all registered documents or Instruments. It also helps members of the public to conduct searches and prepares Certified True Copies of documents for various purposes. vi. The Ministry undertakes research and carries out inspections and valuation of landed properties for all purposes with a view to advising the various Ministries/Establishments e.g. Compensation Valuation for acquisitions of Right of Ways (ROW), general acquisition of Land, Valuation for Insurance purposes, Valuations for Asset sharing, Valuation of Share Equities in Joint Ventures and Memorandum of Agreements, etc. vii. The Ministry advises the Government on Land and Real Estate Surveying and Valuation generally. It is responsible for the management of all landed properties belonging to the State, both within and outside the State. viii. The Ministry of Lands and Survey is also responsible for policing all lands acquired by the Rivers State government as well as monitoring development to ensure compliance with terms and conditions of their leases and preventing encroachment on Government Acquired Lands. This also includes the zoning of Land Use Areas and the regulation of changer of use. ix. The Ministry assists the Ministry of Justice by providing relevant information, including documents and attending Court to give evidence in Land matters where necessary. x. The Survey Department of the Ministry is responsible for the making of Surveys of all Government lands. All private plans are charted to ascertain whether or not the land encroaches on State acquired land. xi. The Survey Department also produces maps, Deed-prints and descriptions for various uses. xii. The Land Use and Allocation Committee of the Ministry prepares Certificates of Occupancy on lands outside State lands in addition to advising the Governor on matters pertaining to settlement of dispute as to the quantum of compensation on land payable to a dispossessed person/community. xiii. Generally the Ministry processes, serves demand Notices and collect land fees/charges and pays same to the consolidated Revenue fund of the State. xiv. The Ministry also advises the State Government on Survey matters generally.
6.4.3 RIVERS STATE MINISTRY OF EMPLOYMENT/ECONOMIC EMPOWERMENT
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The Department of Employment Generation is one of the functional Departments of the Ministry. It occupies a strategic place in the scheme of activities and programmes in the Ministry, which metamorphosed from the Rivers state Employment Center in 1992 through the Employment Generation and Economic Empowerment Bureau to a fully fledged Ministry in July 2003. The Department of Employment Generation is one of the functional Departments of the Ministry. It occupies a strategic place in the scheme of activities and programmes in the Ministry, which metamorphosed from the Rivers state Employment Center in 1992 through the Employment Generation and Economic Empowerment Bureau to a fully fledged Ministry in July 2003.
The department is made up of three (3) sections viz, Employment Monitoring Section, Job Placement Section and Arbitration/Conflict Resolution Section The functions of the Department, staff disposition operational strategies, achievements, constraints and recommendations for the way forward are highlighted in subsequent sections of this brief.
6.4.4 THE RIVERS STATE GOVERNMENT RECRUITMENT CENTER The center was established in 2001 to harmonise the interests of the State Government and the TSJK Nigeria Limited in sourcing for manpower for the Nigeria Liquified Natural Gas (NLNG) Project on Bonny Island. At the present, the project has progressed to the 6th train which is almost completed and is awaiting commissioning of the 7th Train, will take off thereafter. The TSKJ is the major contractor handling the project through which all the minor contractors get their manpower supply. The arrangement is such that the minor contractors submit their job requisitions to the TSKJ office, Bonny Island, which in turn passes on the job requisitions to the Recruitment Center.
6.4.5 RIVERS STATE AND YOUTH EMPOWERMENT This Agency focuses on various youth empowerment programmes aimed at empowering the youth and reducing unemployment in the state.
6.4.6 RIVERS STATE SUSTAINABLE DEVELOPMENT AGENCY (RSSDA) This is a strategic intervention initiative of the Rivers State government set up under an autonomous legal framework by the State Government to re-focus development effort in the areas of poverty alleviation, rural grassroots and youth empowerment in the State. To execute mandate, deploy partnership to tap into the wealth of experience and support of organisations such as The World Bank, USAID, DFID, ADP, NNPC, SPDC, NDDC and other agencies of the Federal and Rivers State Government.
6.4.7 MINISTRY OF AGRICULTURE
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The Ministry of Agriculture is charged with the responsibility of implementing agricultural policy of the state with a view to ensuring food security. This ministry seeks to promote farmer- friendly agricultural policies, develop rural economy and protect the environment
Function • Making available to the farmers improved high yielding and disease resistance varieties of crops and other planting materials for increased yield. • Assisting farmers to obtain the right type of farmer. input such as fertilizers and plant production chemicals, etc. • Organizing courses of short durations, seminars and workshops for training farmers.4. Providing farmers credit, subsidies and other incentives to boost their morale. • Treatment control and prevention of animal disease. • To manage forest reserves scientifically to sustain growth. • Survey wildlife resources in the State and developing management scheme for them.
6.5 OTHER RELEVANT INSTITUTIONS
6.5.1 Local Government Level Institutions Local Government Authority is a creation of the constitution of the Federal Republic of Nigeria in each State of the Federation. The local governments should be directly involved in the allocation of sites for the sub-projects and so it is imperative that they are part of the resettlement plan. With regard to the SEEFOR project, the local authorities should play the following role in the resettlement plan: • Liaising with the PMU to verify adequacy of resettlement location and provide approval for such sites. • Providing additional resettlement area if the designated locations are not adequate. • Provide necessary infrastructures in relocated areas. • The Council should engage and encourage carrying out comprehensive and practical awareness campaign for the proposed sub-projects, amongst the various relevant grass roots interest groups.
6.5.2 Community Level and other Institutions Communities are essential to the process of subproject identification and the subproject cycle. A community is defined as a group of people living together on the smallest unit of a LG – usually called a “ward.” The power structure of each community usually is such that there is paramount ruler at the apex. The council of chiefs, Elders, CDC, Youths leaders, Women leaders, Age grades and Church leaders assist in decision making and governance (Fig.4). • The community would ensure that social values are not interfered with. • They may have complaints that need to be resolved in the execution of the sub-project. • Support and assist in the mobilization of the various relevant grass roots interest groups.
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Fig.4: A Typical Power Structure of communities in Niger Delta Area
6.5.3 CBOs/Non-Governmental Organizations (NGOs) Assisting in their respective ways to ensure effective response actions. Conducting scientific researches alongside government groups to evolve and devise sustainable cleanup strategies and rehabilitation techniques. Organizing, coordinating and ensuring safe use of volunteers in a response action, and actually identifying where these volunteers can best render services effectively. Provide wide support assistance helpful in management planning, institutional/governance issues and other livelihood related matters. If a community so chooses, the technical assistance from a local NGO can be sourced to facilitate the identification and development of a subproject proposal. The community’s ideas and aspirations must be at the forefront while the support organisation guides with technical input for e.g., what is possible, what is feasible, potential negative social and/or environmental impacts, long-term sustainability, etc.
SECTION 7 PROJECT COORDINATION AND IMPLEMENTATION ARRANGEMENTS
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7.1 Overview Well defined roles and responsibilities and adequate institution arrangements are central to the effective implementation of the environmental safeguard measures outlined in this ESMF. Accordingly, details of institution arrangements and the roles and responsibilities of the various institutions in the implementation of the ESMF are highlighted below.
7.2 Institutional Arrangement – The Model The existing model of the CSDP implementing agency is envisaged to be followed in the SEEFOR i nstitutional arrangement. . It should be recognized that the four States have an established understanding of the management principle/ arrangement of World Bank - supported projects. For instance, the States already have CDD projects in the form of CSDP (Bayelsa and Edo) and Fadama III (in all states). The CDD sub-component is expected to use existing institutional arrangements in Fadama and CSDP to provide resources to CDD implementing agencies in order extend CDD interventions to additional communities currently not included CSDP to ensure effective service delivery for economic and social improvement of rural and poor communities in the States.
7.3 SEEFOR Institutional Arrangement Generally, the SEEFOR project is expected to run at two levels, namely the Federal and State (Fig.5). At the Federal level, the Coordination and Program Support will be managed by the Federal Project Support Unit (FPSU) supervised by the Federal Ministry of Finance. The FPSU will establish coordination and support relationship with the State counterpart Agencies.
Thus at the State level, the governments of the four States are expected to set up by State Law, agencies that would work in collaboration with the FPSU, though operating independently. Albeit, the Ministry of Finance, Budget and /Economic Planning, as the case may be in the various State is at present taking the lead in the coordination of the SEEFOR preparatory programmes.
The law or legal agreement used in establishing the agencies will insulate the agencies and specifically the management unit from undue political or administrative interference. In addition, to implement the SEEFOR program according to the agreed terms and conditions, a formal agreement is needed between the State Governments, the Implementing Agencies (PMU) and other MDAs outlining the tasks, responsibilities, schedules, procedures, deliverables etc., required for preparation and implementation of the approved sub-projects.
Furthermore, the State Agency/Project Management Unit (PMU) will have an advisory board or a technical steering committee and a management unit. The board will include representatives from civil society and the government.
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The Project Management Unit (PMU) shall be headed by a General Manager who will supervise activities of staff within three (3) major departments of the Agency, namely: Operations, Finance and Administration, and Monitoring a& Evaluation. Fig. 6 shows the State Agency management structure.
Fig. 5: Institutional Arrangement (Federal and State Levels)
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Fig.6: State Agency/PMU Management Structure
To capture the inflow and use of credit proceeds in a transparent manner through the Office of the Accountant General [Project Financial Management Unit (PFMU) set up for financial management of donor assisted projects at the state level], the PMU shall establish a relationship with PFMU.
This relationship would entail: o A copy of the annual budget and work plan will be made available to the PFMU by the PMU; o PFMU internal auditors will be responsible for regular internal audit in the PMU and submit quarterly reports to the government (copied to IDA). o A copy of monthly progress reports, quarterly reviews and interim Financial Reports (IFRs) shall be sent regularly to the PFMU; o The PFMU internal auditors shall participate in quarterly monitoring visits to communities as organized by the PMU.
7.4 Roles and Responsibilities The successful implementation of the ESMF depends on the commitment of the sector and related institutions, and the capacity within the institutions to apply or use the ESMF effectively, and the appropriate and functional institutional arrangements, among others.
Thus details of institutions arrangements, the roles and responsibilities of the institutions that would be involved in the implementation of the ESMF are highlighted herewith. For the purpose of this ESMF, the institutions identified could be categorized at three levels, namely: • Federal Level Institutions o Federal Ministry of Environment and other relevant Ministries, Departments and Agencies (MDAs).
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• State Level Institutions o PMUs and other relevant Ministries, Departments and Agencies (MDAs). • Local Government Level Institutions o Local Government Review Committee (LGRC) o Local Government Desk Office (LGDO) • Community Level and other Institutions o Direct and Other Stakeholder/Groups • Community Project Management Committee (CPMC) • CDA • CBO/NGOs • World Bank
The Roles and responsibilities of the various institutions which are summarized in Table 7are highlighted below.
7.4.1 Federal Level Institutions The Federal institutions are responsible for the establishment of national policy goals and objectives and the appropriate provision of technical and financial assistance to State and local governments.
For this ESMF specifically, the Federal Ministry of Environment and her relevant agencies like NESREA shall play the role of lead environmental regulator, overseeing compliance requirements, granting consent and also monitoring or providing supervisory oversight for the SEEFOR projects. It also shall receive comments from stakeholders, public hearing of project proposals, and convening technical decision-making panel as well as provide approval and needed clearance for EA/EMP or other environmental clearance.
Table 7: Safeguard Responsibilities for SEEFOR S/No Category Roles I Federal Lead role -provision of advice on screening, scoping, review of Government draft RAP/EA report (in liaison with State Ministry of MDAs Environment), receiving comments from stakeholders, public (Federal hearing of the project proposals, and convening a technical Ministry of decision-making panel, Project categorization for EA, Applicable Environment standards, Environmental and social liability investigations, and her Monitoring and evaluation process and criteria agencies (Such as NESREA)
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Ii State Compliance overseer at State Level, on matters of Land Acquisition Government and compensation and other resettlement issues, MDAs Lead role -provision of advice on screening, scoping, review of (Ministry of draft RAP/EA report (in liaison with Federal Ministry of Lands, Survey Environment), receiving comments from stakeholders, public and Urban hearing of the project proposals, and convening a technical Development, decision-making panel, Monitoring and evaluation process and Ministry of criteria Environment, etc. Other MDAs Come in as and when relevant areas or resources under their jurisdiction or management are likely to be affected by or implicated sub-projects. . They participate in the EA processes and in project decision- making that helps prevent or minimize impacts and to mitigate them. These institutions may also be required, issue a consent or approval for an aspect of a project; allow an area to be included in a project; or allow impact to a certain extent or impose restrictions or conditions, monitoring responsibility or supervisory oversight iii World Bank - Assess implementation - Recommend additional measures for strengthening the management framework and implementation performance. Vi SEEFOR PMU Liaise closely with Ministry of Environment in preparing a Safeguards Unit coordinated response on the environmental and social aspects of project development. V Local Liaising with the PMU to verify adequacy of resettlement government location and provide approval for such sites, Providing additional resettlement area if the designated locations are not adequate, Provide necessary infrastructures in relocated areas, engage and encourage carrying out comprehensive and practical awareness campaign for the proposed sub-projects, amongst the various relevant grass roots interest groups. Vi CDA Ensure Community participation by mobilizing, sensitizing community members; vii NGOs/CSOs Assisting in their respective ways to ensure effective response actions, Conducting scientific researches alongside government groups to evolve and devise sustainable environmental strategies and rehabilitation techniques, Organizing, coordinating and ensuring safe use of volunteers in a response action, and actually identifying where these volunteers can best render services effectively & Providing wide support assistance helpful in management planning, institutional/governance issues and other livelihood related matter, Project impacts and mitigation measure, Awareness campaigns
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viii The General Same as above Public
The other institutions, on the other hand, come in as and when relevant areas or resources under their jurisdiction or management are likely to be affected by or implicated in the execution of the project. These institutions are grouped broadly into two – resource based ones and the utility service providers. They all have a significant role and are consulted as appropriate. They participate in the EIA processes and in project decision-making that helps prevent or minimize impacts and to mitigate them. These institutions may also be required: • To issue a consent or approval for an aspect of a sub- project; • To allow impact to a certain extent or impose restrictions or conditions. Furthermore, the institutions may have monitoring responsibility or supervisory oversight during in an area of concern or interest to them during implementation.
7.4.2 State Level Institutions The State level institutions include the PMUs and other relevant Ministries, Departments and Agencies (MDAs).
7.4.2.1 State Agencies/Project Management Unit (SA/PMU) The SA/PMU, as the implementing authority, has the mandate to: • Co-ordinate all policies, programmes and actions of all related agencies in the States • Ensure the smooth and efficient implementation of the project’s various technical programmes • Cooperate through a Steering Committee that provides guidance to the technical aspects of all project activities; • Maintain and manage all funds effectively and efficiently for the sub-projects • Plan, coordinate, manage and develop SEEFOR projects to ensure success. • Coordinate activities of the State Licensing Authority and all vehicle inspection units. • Recommend on policy issues to the Governor including mechanisms for implementation. • Prepare plans for the management and development of SEEFOR project. • Facilitate the discussion between PAPs and communities regarding compensation for land acquired for the subprojects micro-projects; • Monitor the project work to ensure that the activities are carried out in a satisfactory manner; • Organize the necessary orientation and training for the departmental officials so that they can carry out consultations with communities, support communities in carrying out RAPs and implement the payment of compensation and other measures (relocation and rehabilitation entitlement) to PAPs in a timely manner; • Ensure that progress reports are submitted to the World Bank regularly
7.4.2.1.1 PMU Safeguard Units To ensure environmental and socially friendliness of all SEEFOR projects, an Environmental/Social Safeguards Unit that reports directly to the General Manager shall exists.
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The paramount objective of the Environmental/Social Safeguards unit is to ensure the effective consideration and management of environmental/social concerns in all aspects of SEEFOR project, from the design, planning, implementation, monitoring and evaluation of initiatives in the various States. Thus a key function of the Unit is to engender a broad consensus, through participatory methods and extensive dialogue with affected and interested parties, on fair and adequate methods by which rights of way can be cleared of occupants as needed, taking account of international standards for involuntary displacement as incorporated into the World Bank's OP 4.12 on Involuntary Box 2: Roles & Responsibilities of Safeguard Specialist Resettlement and environmental Review all EA / SA Documents prepa red by consultants and ensure adequacy under the World Bank Safeguard policies compliance with the EA. including the OP4.01. With this, particular attention is Ensure that the project design and specifications adequately directed at minimizing reflect the recommendations of the EIA / SIA environmental/social risks Co-ordinate application, follow up processing and obtain requisite associated with the development clearances required for the project, if required of sub-project initiatives, as well Prepare compliance reports with statutory requirements. Develop, organize and deliver training programme for the PIU as the identification and staff, the contractors and others involved in the project maximization of social implementation, in collaboration with the PMU development opportunities arising Review and approve the Contractor’s Implementation Plan for the from investments. environmental measures, as per the EIA and any other supplementary environmental studies that may need to be carried out by the PIU In the implementation of the Liaise with the Contractors and the PIU / State Implementing SEEFOR, the Safeguard Unit will agency on implementation of the EMP / RAP be expected to advise on the Liaise with various Central and State Government agencies on environmental and social environmental, resettlement and other regulatory matters costs/benefits of the different Continuously interact with the NGOs and Community groups that would be involved in the project options, putting this ESMF under Establish dialogue with the affected communities and ensure that consideration. the environmental concerns and suggestions are incorporated and implemented in the project For all environmental and social Review the performance of the project through an assessment of the p eriodic environmental monitoring reports; provide a issues, the Safeguard Unit shall summary of the same to the Project Manager, and initiate work to closely with other necessary follow-up actions relevant MDAs in preparing a Provide support and assistance to the Government Agencies and coordinated response on the the World Bank to supervise the implementation environmental and social aspects of the SEEFOR sub-projects.
To achieve this made, the PMU would have in each State Steering Committee (Board) and a Project Implementation Unit (PIU) for coordinating the day to day activities with the relevant line departments..
Two members of the PMU will be designated as Environmental & Social Officers to oversee the implementation of Safeguard instrument (this RPF and the ESMF) as well as any other
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environmental and social provisions as deemed fit for project implementation as per the regulations of the World Bank and Government of Nigeria and the respective State government. The roles and responsibilities of the Safeguard Specialists (Environmental and Social Officers to anchor environmental and social issues distinctively) to be appointed are indicated Box 2.
7.4.2.2 MDAs- State Ministries of Environment/EPAs The State Ministries of Environment/EPAs as the compliance overseers have the lead role in providing the State Government’s response to developers on EA matters. This includes provision of advice on screening, scoping, review of draft EA report (in liaison with Federal Ministry of Environment), receiving comments from stakeholders, public hearing of the project proposals, and convening a technical decision-making panel. By the provision of acts, edicts and laws the states have also set up State Ministry of Environments (SMOEs) as the regulatory bodies to protect and manage the environmental issues in the states. • Enforcement of all environmental legislations and policies; • Coordination and supervision of environmental assessment studies; • Minimization of impacts of physical development on the ecosystem; • Preservation, conservation and restoration to pre-impact status of all ecological processes essential to the preservation of biological diversity; • Protection of air, water, land, forest and wildlife within the states; • Pollution control and environmental health in the states; and • Co-operation with FMEnv and other agencies to achieve effective prevention of abatement of trans-boundary movement of waste.
7.4.2.3 Other MDAs The roles of the relevant MDAs shall be in correspondence with the earlier spelt out statutory mandates in Section 3.
Suffice it to say that like the Federal counterparts, the State MDAs shall also come in as and when relevant areas or resources under their jurisdiction or management are likely to be affected by or implicated in the execution of the SEEFOR project.
7.4.3 Local Government Level Institutions The Local Government has become accepted as the government nearest to the people or the masses. For any meaningful development to take place, this level of government needs to be galvanized, to execute people oriented programs, which seek to lower poverty level as is designed in SEEFOR, The LG would create enabling environment for improved relationship between the Local Governments and Private and Civil Organization for development Cooperate with the State Governments to ensure that projects within their domains are sustainable in every sense.
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The Local Government Council has to be fully briefed and enlightened in the process and steps to be taken in the ESMF/EA/EMP and the overall project execution. The Council should in turn engage and should be encouraged to carry out a comprehensive and practical awareness campaign for the proposed project, amongst the various relevant grass roots interest groups.
7.4.4 Community Level and other Institutions This includes direct and other concerned stakeholders/groups. This may have complaints/views that need to be resolved in the choosing and execution of the various sub-projects. It is obvious that villages and youth leaders shall ensure that social values are not interfered with. 7.4.5 World Bank It is pertinent to note that during Project supervision, the World Bank will assess the implementation of the ESMF and recommend additional measures for strengthening the management framework and implementation performance, where need be. The reporting framework, screening procedures and preparation of management and mitigation plans shall be discussed and agreed by the Bank team and PMU during the early part of project implementation. A comprehensive review of ESMF’s application could be undertaken 12 months after Project effectiveness.
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SECTION 8: SUMMARY OF POTENTIAL ENVIRONMENTAL IMPACTS
8.1 Introduction This Section contains a summary of the impacts that are likely to result from the project as a result of the interaction between the project components and the environmental elements. The method of impact identified and evaluated is also given in this Section. It should be noted that impacts identified are preliminary in nature, potential for occurrence has to be ascertained during further stages of project design and implementation.
8.2 Screening Process The screening process is the first step in operationalizing the ESMF process. The objective of screening is to identify those sub-projects that have minimal/no environmental or social concerns. Environmental and Social screening process distinguishes sub-projects and activities that will require thorough environmental review to prevent/mitigate negative environmental impacts or those which will provide opportunities to enhance positive impacts. Thus one of the objectives of the screening process is to rapidly identify those subprojects which have little or no environmental or social issues so that they can move to implementation in accordance with pre-approved standards or codes of practices for environmental and social management.
In other words, based on environmental screening, sub-projects with no noticeable impacts are cleared from an environmental perspective; subprojects with some impacts proceeds to another level of conducting an environmental assessment which will be evaluated to clear the subproject.
Environmental assessment will determine the extent of impacts and how the impacts will be mitigated, or minimized by planning, approaching the activities in an environmentally sensitive manner and adopting specific mitigation measures.
The environmental and social screening conducted as part of the ESMF is intended to provide inputs into identification of potential impacts with the implementation of the SEEFOR project interventions. EIA/EA/ESIA is a process whose breadth, depth and type of analysis depend on the nature, scale, and the potential environmental impact of the proposed project. The EA evaluates a project’s potential environmental risks and impacts in its area of influence; identifies ways of improving project planning, design and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts, including throughout the project implementation. The World Bank favours preventative measures over mitigation or compensatory measures, whenever feasible.
Generally, the screening process for the execution of this ESMF involves an assessment of sub- project to determine: - The appropriate project categorization for EA; - Applicable World Bank environmental and social safe guards; - Potential for environmental and social liability; cultural or other sensitivities
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The categorisation for EA is done through the use of an Environmental Screening Checklist of sub-projects to determine if they fall under any other EIA/EA/ESIA Category A, B or C discussed earlier in Section 3. Category B Projects will result in adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats-that are less adverse than those of Category A projects. In general, such impacts are localized, do not affect sensitive area/resources, and reversible, unlike Category A projects. All category B projects will also require EA/ESIA. However, the scope will be reduced.
Category C - Projects are generally benign and typically do not require EA. However, all such progress should be screened to determine if specific environmental management plans (e.g., waste management plan) are required.
Figs. 7 & 8 are diagrammatic representation of steps in environmental and social Screening processes to be followed in determining the level of impact and assessment of all stages/sub- projects. The report on the outcome of the screening, scoping and EA category and so on exercises will be sent to the World Bank for Concurrence.
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Fig. 7: Diagrammatic representation of steps in Fig. 8: Diagrammatic representation of steps in Social Environmental Screening Screening
8.2.1 Sub-Project-Level Environmental and Social Reviews The application of ESMF to the SEEFOR sub-projects enables preparation of a standardized environmental and social assessment documents for appraisal and implementation. Annex 4 presents an Environmental & Social Screening checklist of items that are required to be adhered to conform to the provisions of the ESMF. Projects triggering significant environmental / social impacts, i.e. projects with potential to trigger impacts on environmental sensitive areas, or large scale resettlement activities are not envisaged under SEEFOR.
However, in the event of such projects, being critical, the projects shall be included after undertaking the necessary environmental and social assessments, as mandated by the Environmental laws of Nigerian Governments (national and state) and conforming to the safeguard policies of the World Bank. The process for conformance to these procedures is defined in this framework. The criteria established as per the Checklist of items shall enable the identification of such projects.
In other words, while most sub-project activities are expected to have generic environmental and social issues that are manageable through standards and codes of practice, there will be Project activities that carry a higher risk of environmental and social disruptions and/or impacts. These subprojects should be the subject of environment and/or social reviews as the key management tool for identifying opportunities for lower impact project opportunities (through an alternative
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analysis exercise whenever possible) and/or for the identification of necessary mitigation measures in accordance with the prevailing legal framework and the Bank’s safeguard policies.
At the stage of detailed project preparation, any significant environmental and social issues that may arise would be addressed and mitigated through an EMP. The environmental management measures through the EMP should be included as part of the specifications and codified in the bidding documents to ensure implementation.
The EA or standalone EMP documents need to be prepared by a Consultant in accordance with the Typical TOR presented in Annex 5 for Environmental Assessment and EMP preparation, as the case may be.
All ESIAs/EMP will be sent to the World Bank for review and clearance to ensure compliance with OP4.01 and any other relevant policies, procedures and guidelines.
8.3 Impact Identification and Evaluation The identification and management of impacts associated with the SEEFOR likely sub-project activities for this ESMF based on risk management method involves: Identification of project activities that may interact with the project environment such as in the • Urban Area, public works that include improvement of public space through reduction of environmental hazards and enhancement of the efficiency of the existing road space, reduction of vehicle operating cost and improvement of road safety, in particular pedestrian safety and maintenance of street lights and • Rural areas, agricultural practices with the engagement in agricultural production, processing and marketing, public and private sector led agricultural schemes with massive engagement of youth (skilled or semi-skilled) in the areas of crops, animal husbandry, fishery and forestry Implementing management controls (mitigation measures) to reduce risk of impacts. Monitoring the effectiveness of controls.
Once the component project activities of the proposed SEEFOR development were identified, the pathways (or events) that may cause impacts to the environment were determined, and their associated potential impacts listed using risk assessment method of likelihood and severity (Annex 6).
8.4 Potential Impacts of the Project It is noteworthy to state once again that the environmental impacts identified at this stage are preliminary in nature and will need to be further elaborated in terms of potential for occurrence (likelihood) and severity when the exact locations and sub-projects are known. Usually during the various stages of project location, design, construction and operation their potential nature of impact, extent, duration and severity would present itself and perhaps differs between the nature of projects and stages.
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Thus from the screening conducted, while most SEEFOR project activities are expected to have generic environmental and social issues that are manageable through standards and codes of practice, there could be sub-project activities that carry a higher risk of environmental and social disruptions and/or impacts. These sub-projects should be the subject of environmental and/or social reviews as the key management tool for identifying opportunities for lower impact project opportunities (through an alternative analysis exercise whenever possible) and/or for the identification of necessary mitigation measures in accordance with the prevailing legal framework and the Bank’s safeguard policies.
It is recognized that sub-projects may present different levels of environmental-social risk with regard to the "typology” of the Project and the typology of "the environment." The result of screening conducted for the identified generic impacts areas are summarized in the Table 8, presented according to the "typology” of the Project (e.g. agriculture and public works such as road repair) and the typology of "the environment" (rural and urban). Some of the potential positive and negative e impacts are discussed briefly, below:
8.4.1 The Potential Positive Impacts The project is envisaged to have a range of positive environmental and social impacts. Some of these are a function of the objectives of the project, while others are a function of the way in which the project is designed to meet its objectives. Specifically, the following are some of the benefits that could be due to the project: • Provision of employment to youths. Perhaps it is possible in the alternative that some of these could cause social ills to the society at large.
SEEFOR is designed to create jobs and provide skills that would meaningful engage the youths of Niger Delta and thus become useful to the society. Without doubt and on a positive note, this swill Thus, the project will be a real boom to the people in the community and the economy will be further rejuvenated. Creating direct and indirect employment will energise the local economy, new sources of income will be created and old source enhanced. This would invariably alleviate poverty in the community. Poverty reduction requires economic growth, redistribution, and empowerment. The SEEFOR project is expected to contribute to economic growth by mobilizing human and physical resources. Thus improvements through SEEFOR will allow economies of scale and specialization, widen opportunities, expand trade, integrate markets, strengthen effective competition, enhance social interaction, and eventually increase real income and welfare of the society. These effects will, in general, provide real benefits to most, if not all, socioeconomic groups, including the poor.
Generally, the SEEFOR project falls into Environmental category B because no adverse long term impacts were identified in the Safeguards instruments: ESMF and RPF as the project will not fund sub-project activities that would cause an adverse effect on the environment or any form of land acquisition or restriction of access to sources of livelihoods.
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The guiding principle for implementation of the sub-projects will be based on Community – Driven Development Cycle which will involve identification, appraisal, approval, launching, implementation, supervision, monitoring and evaluation, inauguration /commissioning. Therefore mainstreaming ESMF into the sub-project cycle activities will ensure that Environmental and Social Assessment (ESA) is taken into consideration.
The ESMF has provided guidance on both main potential positive and negative impacts of potential environmental concerns likely to arise from the various project interventions proposed under the SEEOFOR project. On the same line, mitigation measures for negative impacts have also been clearly spelt out in the ESMF. . 8.4.2 The Potential Negative Impacts Implementation of SEEFOR could exert some negative impacts on the social and physical environment within which they are implemented.
8.4.2.1 Protected Areas, Natural Habitats and Forests Natural habitats are land and water areas whose ecological functions have not been essentially modified by human activities. As subprojects are likely to be typically small, these are unlikely to lead to significant conversion or degradation of natural habitats. Significant conversion means eliminating or severely reducing the integrity of a natural habitat through long-term change in land or water use. It may include, for example, land clearing; replacement of natural vegetation; permanent flooding; and drainage, dredging, filling, or channelization of wetlands. It can occur as the result of severe pollution or it can result directly from subproject activities or indirectly (e.g. through induced settlement along a road). Degradation means substantially reducing the ability of a natural habitat to maintain viable populations of its native species.
Subprojects involving the significant conversion or degradation of critical natural habitats (including forests) cannot be funded under SEEFOR. These are natural habitats that: • are protected by government (e.g. parks, Heritage Sites) or by tradition ; or • have known high suitability for biodiversity conservation; or are critical for rare, vulnerable, migratory, or endangered species.
However, Bank’s policy on natural habitat (OP/BP 4.04) and Forests (OP/BP 4.36) may be optionally used to see if a subproject would significantly convert or degrade a natural habitat. It is recommended that such a subproject should incorporate acceptable mitigation measures such as minimizing habitat loss and establishing and maintaining an ecologically similar area even for minor impacts.
Table 8: Identified Potential Negative Impacts
S/N Potential Source Potential impacts)
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o AGRICULTURE IN RURAL AREAS & PUBLIC WORKS IN URBAN AREAS 1 • Habitat Destruction and disruption (flora and fauna impacts) Land clearing for sub- • Habitat loss project activities – e.g. • Habitat fragmentation for agricultural • Loss of natural vegetation, activities • loss of important species, • Loss of wildlife habitat. 2 Watershed • Land use conflicts, loss of land and property management • Illegal harvesting for soil and water • Encroachment conservation • Lost opportunities • Infringement on property rights 3 Conservation tillage • Contamination of ground water table and river pollution • Disturbance on ecological functioning of farming systems • Loss of historical/cultural sites • Reluctance to reduce plowing 5 - Cultivation: • Soil erosion, loss of productivity, sediment loading due to cultivation of river banks, unleveled plots, steep ground and improperly designed irrigation and drainage canals. • Cultivated plots are prone to flooding and loss of crops. 6 Increasing productivity • Salinization of soils through use of organic • Contamination of surface and groundwater manure in combination • Loss of plant Species with mineral fertilizers, bio-fertilizers 7 Integrated plant • Salinization of soils nutrition • Pollution of surface and groundwater techniques/strategies • Loss of some plant (PNS) • Health risks 8 Integrated pest • Soil contamination management (IPM) • Water resources pollution • Loss of animal and plant species 9 Increased use of labour • Loss of soil fertility saving technologies • Loss of water sources • Loss of plant and animal species • Potential land Conflicts 10 Use of rainwater • Contamination of stored water harvesting techniques • Siltation due to erosion
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• Potential floods during heavy rains • Water and land use conflicts • Land degradation at livestock watering points 11 Improvement of • Land and water use conflicts traditional irrigation • Loss of land and property schemes • Water-borne diseases • Secondary water uses (domestic, livestock) • Infringement on access and movement for humans and livestock • Water logging • Poor water quality esp. for downstream users 12 Improvement in • Overgrazing livestock • Land degradation Production • Health risks • Gas emissions 13 Production of • Soil contamination nontraditional • Introduction of new pests Crops • Loss of habitats and species 14 Supply of farm inputs • Wastes from packaging materials plastics, tins and cans • Livestock and wildlife might consume the plastic materials • Health risks from agro-chemicals 15 Initial processing of • Wastes from processing agricultural and • Contamination of products livestock • Vibrations products • Soil and liquid wastes from processing might affect plant and animal species 16 Improvement of crop • Wastes at markets produce marketing • Contamination of products • Soil contamination • Poor sanitation 17 - Cultivation: • Soil erosion, loss of productivity, sediment loading due to cultivation of river banks, unleveled plots, steep ground and improperly designed irrigation and drainage canals. • Cultivated plots are prone to flooding and loss of crops. 18 - Irrigation: • salinization, reduction of surface and groundwater resources, • loss of productive land; • loss of water to other users and potential users, modification of aquatic habitat. • Negligence of the ecological implications of irrigation
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could lead to loss of biodiversity, disturbance of ecosystems. • Low adoption of irrigation technology and of a very rudimentary level, as indicated by low technology, low yields and low production, although of no significant impact on groundwater quality and the depletion of the shallow aquifers. • Poor choice of drilling locations, inadequate depth of wells, poor development of wells and improper maintenance can result in low well yields and drying up of wells. 19 - Pesticide use: • soil contamination, modification of aquatic habitat, water contamination, and health consequences on downstream users. • Increased vulnerability to pests due to poor pesticide management or introduction of new cultivars • Localized agro-chemical pollution of soils and water and reduction of water quality from agro-chemical use or poor handling of pesticides and disposal of empty chemical containers; 20 - Chemical fertilizer • nutrient loading of surface water resources, modification use: of aquatic habitat. 21 Efficient use of • Health risks fertilizers • Salinization • Surface & groundwater contamination/pollution • Dust • Air pollution • Promoting weed Growth 22 - Access roads and • soil erosion, sediment loading, loss of productivity, and tracks: involuntary resettlement. 23 - Agro-processing: • surface water contamination, modification of aquatic habitat, and health consequences of downstream users. 24 Livestock rearing: • soil erosion, water contamination, loss of productivity, and health consequences on downstream users. 25 Creation of Wells, - • loss of vegetation, groundwater contamination, soil Watering points: erosion, and health consequences of users of same water resource. • reduction of groundwater resources, loss of water resources to other users and • potential users. 26 Fishing • Reduction of fish population, loss of income and livelihood. 27 Pedestrian Prioritization • Increase in signal time for red causing increase in idling measures through traffic SEEFOR ESMF Prepared by Multiple Development Services [email protected],m 89
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measures through traffic and emissions from vehicles/noise signals, pelican lights, • Improvement in safety of pedestrians due to measures road marking, etc proposed 28 Construction of new • Acquisition of land for footpaths causing resettlement footpaths impacts and loss of livelihood • Relocation of road appurtenances and utility lines • Temporary interruption to traffic causing air and noise pollution • Loss of adequate frontage to commercial/residential establishments • Contamination of runoff from road with construction material as sand/cement/silt from stacked excavated earth 29 Paving and Delineation of • Contamination of runoff from road with construction areas as pedestrian material as sand/cement/silt from stacked excavated friendly precincts earth • Improvement in pedestrian safety • Loss of usual transport routes due to delineation of pedestrian routes to NMT – bicycles/cycle rickshaws forcing them onto other roads increasing risk of accidents 30 Peripheral Vehicular • Increased safety of pedestrians Parking • Improvement of air/noise quality in the core areas of cities • Increased land requirement for parking – causes removal of squatters and encroachments and loss of livelihood/shelter • Land acquisition causing R & R issues – loss of livelihood, loss of shelter, severance of community/social links • Increase in traffic – noise and air pollution in the periphery of core city areas 31 Street Furniture- Lighting, • Minor construction issues only. bollards, etc • Improves safety of precincts with introduction of bollards and adequate street lighting 32 Bus-Stops, Signage, etc • Improvement in safety of pedestrians
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33 Bus-Stops • temporary interruption to traffic and increase of emissions from vehicles due to higher idling times • Temporary increase of noise levels due to idling and traffic snarls • Alternate traffic diversion routes increasing route length and consequently emissions • Alternate traffic diversion routes exposing previously low traffic routes to higher urban traffic and increasing noise/air pollution • Removal of squatters and encroachers from the footpaths causing livelihood losses • Loss of shelter for temporary shops /residences for squatters and encroachers at approaches • Contamination of runoff from road with construction material as sand/cement /silt from stacked excavated earth 34 Junction/Rotary • Additional land requirement for junction improvement Improvements will cause R&R impacts as loss of livelihood and loss of shelter • May cause removal /displacement of squatters encroachers • Air and noise pollution from construction impacts • Contamination of runoff from road with construction materials as sand/cement/silt from stacked excavated earth 35 Social Aspects • The competing needs of land users could exacerbate conflicts between farmers, farmer-pastoralist and other resource users such as urban developers, local industries (e.g. brick making) in certain areas. • Expectations from the pastoralists for alternative grazing reserves, stock routes and watering points are high. • Deprivation/Elite capture/social exclusiveness/Vulnerable Groups 36 Health and Safety Issues • Contact or contamination in use of pesticides/exposure risks. • In correct use and unsafe storage of crop protection products could impact human health, the environment and product integrity and effectiveness • Air quality degradation • Occupational and community health
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8.4.2.2 Cultural Property There is a possibility that subproject construction or other activities may result in damage to cultural property. In the event of this, the WB safeguards policy OP 4.11 will apply to the subproject. The term “cultural property” includes sites having archaeological (prehistoric), paleontological, historical, religious, and unique natural values. It thus includes both remains left by previous human inhabitants (e.g. shrines and battlegrounds) and unique natural environmental features such as waterfalls. The impacts on physical cultural resources in subprojects should be addressed as an integral part of the EA process. The measures to manage/mitigate impact may range from full site protection to selective mitigation, including salvage and documentation, in cases where a portion or all of the physical cultural resources may be lost.
Generally, the following should be adhered to avoid damage to cultural property: • Consultations with the appropriate authorities and local inhabitants to identify known or possible sites during subproject planning; • Siting of subprojects to avoid identified sites; and • Construction contract procedures for dealing with “chance finds”. These procedures should include cessation of work until the significance of a “find” has been determined by the appropriate authorities and local inhabitants, and until fitting treatment of the site has been determined and carried out.
8.4.2.3 Pest Management The agricultural subprojects are expected to have only minor use for nationally approved pesticides and there may not be significant issues of pest management and pesticide use to be addressed in the subprojects.
The World Bank Pest Management Policy (OP 4.09) could be triggered in a variety of subprojects such as: • New land-use development or changed cultivation practices in an area; • Expansion of agricultural activities into new areas; • Diversification into new agricultural crops; • Intensification of existing low-technology agriculture systems; • Development of veterinary facilities, cattle dips, etc.; and • Control of vector-borne diseases (e.g. malaria).
It should be emphasized that pests are defined in the broad sense. In addition to agricultural insect pests and plant diseases, pests also include weeds, birds, rodents, and human or livestock disease vectors. Similarly, the FAO defines pesticides as any substance or mixture of substances: • intended for preventing, destroying or controlling any pest, including a) vectors of human and animal disease, b) unwanted species of plants or animals causing harm during, or otherwise interfering with, production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs; • that may be administered to animals for the control of insects, arachnids or other pests in or on their body;
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• intended for use as a plant-growth regulator, defoliant, desiccant, or agent for thinning fruit or preventing the premature fall of fruit; and • substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport. • the commodity from deterioration during storage and transport.
The use of pesticide for Pest Management could result to negative effects of pesticide misuse, which can result in the destruction of crop pollinators leading to the detriment of the environment and/or people’s health.
The negative effects of pesticide misuse, can result in the destruction of crop pollinators leading to poor crop yields; elimination of the natural enemies of crop pests and consequent loss of natural pest control that keeps the populations of crop pests very low; development of pest resistance to pesticides, encouraging further increases in the use of chemical pesticides; contamination of the soil and water bodies; pesticide poisoning of farmers and deleterious effects on human health; Unacceptable levels of pesticide residues in harvested produce and in the food chain; and loss of biodiversity in the environment.
8.4.2.4 Social Aspects/Tension/Conflict In addition to utility disruption and displacement of source of livelihoods, the following social issues could also be of concern with regard to the implementation of the SEEFOR subprojects: • Land use/ownership conflicts o e.g. competing needs of land uses could exacerbate conflicts between farmers, farmer-pastoralist and other resource users such as urban developers, local industries (e.g. brick making) who are encroaching • Elite capture and undue influence in project or sub-project awards, allocations, etc. could cause disharmony and disaffection amongst community members. • Lack of comprehensive organizational and maintenance plan, commitment from local government, communities and other relevant parties before the start of any subproject • Lack of participation of relevant stakeholders in decision-making as part of the planning and implementation of all subprojects. • Non-provision of opportunities that allow local people to voice matters concerning them which could in turn lead to not understanding the people’s felt needs and thus the feeling of alienation, which so often creates not only the perception but also the actual situation of being socially excluded. • Social deprivation through the execution of activities/subprojects that overlook the rights and special provisions of vulnerable/marginalised groups or denial of access to information, opportunities, goods, services and facilities • Target Vulnerable Groups with additional options and support-mechanism than those not considered vulnerable
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SECTION 9 ENVIRONMENTAL AND SOCIAL MITIGATION PRINCIPLES
The Objective of the ESMF is to provide a framework for preventing and mitigating the negative impacts associated SEEFOR implementation. These are provided in this Section.
It should be noted that the Urban and rural subprojects may have different levels of environmental-social impacts. Nevertheless, the main areas of concerns affect both the rural and urban environmental alike.
Suffice it to say, that the mitigation principles are considered broadly as they capture all levels of impacts that each sub-project could present, whether in the rural area or urban centre (Table 9).
The Environmental Management Framework institutionalizes the measures through assigning implementation responsibilities and formulation of contract clauses for incorporation into contract documents.
Table 9: SEEFOR Potential Impacts Mitigation Principles No Potential Mitigation measures impacts A Biophysical
1 Conversion/de Avoid significant conversion or degradation of natural habitats, gradation forests of Protected Subproject should incorporate acceptable mitigation measures such Areas, Natural as minimizing habitat loss and establishing and maintaining an Habitats and ecologically similar area even for minor impacts. Forests 2 Clearance/disr • Address as an integral part of the EA process. uption Cultural • Consult with the appropriate authorities and local inhabitants to Property identify known or possible sites during subproject planning; /preservation • Sit subprojects to avoid identified sites; and • Ensure Construction contract procedures for dealing with “chance finds”. These procedures should include cessation of work until the significance of a “find” has been determined by the appropriate authorities and local inhabitants, and until fitting treatment of the site has been determined and carried out. • Cultural resources uncovered during road works will be handed over to the National Museums and Monuments Board for preservation or preservation of the site; • Salvage excavation and relocation of artifacts or ruins from a cultural site; • Collaboration between the Road Agencies and the Museums and Monuments Board in determining and avoiding damage to cultural
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No Potential Mitigation measures impacts sites and resources; and • Marking and fencing important cultural sites during the construction period. 3 Use of • Encourage and ensure the embrace of Integrated Pest Management Pesticide (IPM) • Ensure the following in the selection and use of pesticides: o They must have negligible adverse human health effects; o They must be shown to be effective against the target species; o They must have minimal effect on non-target species and the natural environment. The methods, timing, and frequency of pesticide application must be aimed to minimize damage to natural enemies; and, o Their use must take into account the need to prevent the development of resistance in pests. o Pesticide financed by SEEFOR must be manufactured, packaged, labelled, handled, stored, disposed of, and applied according to standards that, at a minimum, comply with the FAO's. o FAO’s Pesticide storage and stock control manual, Revised guidelines on good labelling practice for pesticides, Guidelines for the management of small quantities of unwanted and obsolete pesticides, Guidelines on Management Options for Empty Pesticide Containers, and Guidelines on personal protection when using pesticides in hot climates would serve as guide. o Consistent with World Bank OP 4.07, SEEFOR financing will not be used for formulated products that fall in WHO classes IA and IB, or formulations of products in Class II, if they are likely to be used by, or be accessible to, lay personnel, farmers, or others without training, equipment, and facilities to handle, store, and apply these products properly. 4 Waste • Waste management strategies Generation and • Disposal of waste at an appropriate sanitary landfill Disposal • Provide for water supply and • sanitation facilities Disposal of construction and related waste materials at designated and approved waste dump site; • Adoption of waste minimization measures; • Provide for proper waste disposal • Ensure hygienic conditions • Conduct biodiversity assessment and • monitoring
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No Potential Mitigation measures impacts • Provision of protective gears, health insurance, awareness raising • Adherence to industrial health regulations • Incorporation of waste management plan in planning and contract specifications; • Collaboration with relevant waste management agencies to enforce appropriate sanitation and other bye laws; and • Public awareness campaigns to observe proper waste management measures. 5 Soil Pollution • Employ farm management principles and • Use of appropriate technology Degradation • Awareness raising • Participatory land-use planning • Gender awareness in selection of • technology Minimizing the area of ground clearance • Avoiding sensitive alignments, including steep slopes; • Progressive replanting of disturbed areas e.g during construction; • Specifying as contractors’ obligation to cover issues such as erosion control, spillage prevention during construction, and planting and ensuring effective re-vegetation; • Engineering solutions such as intercepting ditches at the tops and bottoms of slopes, with gutters and spillways used to control the flow of water down a slope; • Quarantine • Adherence to regulations • Awareness & training • Biodiversity assessment and • monitoring • Conduct training of safe use • Use of high grade fertilizers • Salinity monitoring • Integrated soil fertility management • Provision of protective gear • Bringing the moisture content to 7-8 percent • Biodiversity assessment and monitoring • Enforcement of emission and discharge standards by the FMENV/MOE/SEPA; • Guidelines for transport of hazardous substances defining permissible routes; and • Emergency response procedures for spillages. 6 Water • Soil conservation measures
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No Potential Mitigation measures impacts Resource • Fertilization management Protection • Proper residue management • Awareness raising • IPM • Proper site selection Avoiding alignments which are susceptible to erosion, such as those crossing steep slopes; • Conduct training of safe use • Use of high grade fertilizers • Salinity monitoring • Integrated soil fertility management • Provision of protective gear • Bringing the moisture content to 7-8 percent • Biodiversity assessment and monitoring • Minimizing the number of activities near water sources • Using clean fill materials around watercourses such as quarried rock containing no fine soil; • Providing reservations/buffer zones of undisturbed vegetation between road sites and water bodies; • Providing settling basins to remove silt, pollutants, and debris from road runoff water before discharge to adjoining streams or rivers; • Constructing run-off channels, contouring or other means of erosion control; • Paving sections of roads susceptible to erosion and sedimentation; and • Compensating by providing alternative source of water such as bore holes for communities adversely affected. • Awareness & training on safe handling and storage • Disinfections • Laws and their effective enforcement • Provision of safe watering points/structures for livestock • Participatory planning 7 Habitat • Avoiding environmentally sensitive areas to prevent severe impacts Protection on flora and fauna; • Crossing of water bodies will be minimized, and buffer zones of undisturbed vegetation will be left between roads and watercourses; • Replanting in road rights-of-way and adjacent areas to accelerate re-vegetation and succession; • Re-engineering road cross-section designs by using narrower widths, lower vertical alignments, smaller cuts and fills, flatter side slopes, and less clearing of existing vegetation;
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No Potential Mitigation measures impacts • Providing wildlife and animal crossings to facilitate movements; • Fencing or planting barriers to reduce the risk of collisions between animals and vehicles; • Providing “aquatic crossings” with culverts designed with the needs of migratory aquatic species in mind; • Installing traffic control measures, e.g. speed limits, particularly at night in areas of frequent animal crossing, erection of warning signs, etc; and • Installing roadside reflectors to scare animals away from the roadway when vehicles approach at night. • Awareness & training • Participatory land and water use planning & management, • Application of the Resettlement Policy Framework (resettlement and compensation). • By-laws and enforcement • Provide for domestic and livestock water supply • Include access crossings at convenient locations for people and livestock • Provide for drainage of tail waters • Awareness & training on safe handling and storage • Disinfections • Laws and their effective enforcement • Provision of safe watering points/structures for livestock • Participatory planning 8 Landscape • Reforestation or re-vegetation of all scarred areas during road Improvement projects; • Landscaping of areas adjoining right of way; • Selection of alignment characteristics that best fit the chosen corridor into the landscape; and • Prompt reclamation of degraded lands. 9 Noise and • Application of a bituminous surface layer over worn concrete Vibration roadways against frictional noise; • Use of open-graded asphalt smooth, well-maintained surfaces such as freshly laid asphalt without grooves and cracks will keep noise to a minimum; • Road design will avoid steep grades and sharp corners to reduce noise resulting from acceleration, braking, gear changes, and the use of engine brakes by heavy trucks at critical locations; • Provision of noise barriers, including “tree belt” or “tree buffer”; • Environmental specifications for contractors in the road
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No Potential Mitigation measures impacts construction, quarrying and other such activities in noise and vibration-sensitive areas (with special attention paid to equipment noise standards, hours of operation, material haulage routes, and other aspects of work-site management; and • Enforcement of noise control guidelines (FMENV/MOE/SEPA permissible noise levels). 10 Particulate • The principles to follow to reduce air quality impacts, especially Emission particulate matter by the contractor will include: • Water dousing to minimize dust; • Contract specifications to include dust control measures; • Re-routing traffic away from populated areas and reducing traffic congestion; • Covering of hauling trucks carrying sand to avoid dust emission; • Locating material storage areas away from communities and environmentally sensitive receptors; • Selecting alignments which avoids houses, schools, and workplaces; and • Planting tall, leafy and dense vegetation between roads and human settlements to filter pollutants. 11 Air Pollution • Develop air quality management plans which will, among others in General aim at the following principles: • Facilitating the use of cleaner fuels and the use of compressed natural gas; • Promoting the culture of vehicular maintenance in the country; • Ensuring effecting use of water to control dust emission; and • Banning the importation of over-aged vehicles. B Social • 1 Traffic • Provision of carefully planned diversion routes during construction; Disruption and Mitigation • Use of signboards and other public information mechanisms to inform the public in advance of construction work, schedule closure or diversion, etc. 2 Utility • Issuance of advance public notices about disruptions; Disruptions • Collaboration with utility providers to plan and quickly re-align Mitigation utility services; • Provision of alternative supplies where applicable, e.g. water supply by tankers to affected communities; and • Restoration of utility lines and other structures damaged during the construction. 3 Land • Choosing route locations away from built -up areas and restricting
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No Potential Mitigation measures impacts Acquisition the extent of road works to avoid interference with existing and Economic activities; Impact • Adoption of a reduced speed design, reduced right-of-way land requirements, or design changes (underground drainage, for instance) to reduce impacts on properties and activities; • Alternative considerations in route selection; • Integration of mitigation measures in road designs, where appropriate; • Compensation rates for owners of the land, properties, etc that reflect current market realities; and • Resettlement / rehabilitation of affected persons where possible (preparation of resettlement action plan). 4 Conflicts, loss • Awareness raising of land and • Participatory land use planning and management property • Application of the Resettlement Policy • Framework (resettlement and compensation) • By-laws and their effective enforcement • Joint management programmes • Provision of alternative • Establish of conflict resolution mechanism for each project/subproject • Include local population in the design, site selection, development and management of subprojects. • Ensure planning, design and maintenance of subprojects is appropriate to local needs, traditions, culture and desires. • Incorporation of Public Consultation Concerns in Specific Project Design • Ensure development benefits to all communities and groups, regardless of ethnicity, gender, generation, health conditions or socio-economic status. • Incorporation of mechanisms that ensures effective community participation and oversight, and the development of effective grievance redress systems. 5 Deprivation/El • Incorporation of mechanism that ensures would-be community ite beneficiaries are not deprived access due to elite capture or other capture/social activities such as undue influence in project or sub-project awards, exclusiveness/ allocations. Vulnerable • Before the start of each project, develop comprehensive Groups organizational and maintenance plan, commitment from local government, communities and other relevant parties • Ensure group -based development opportunities through designs and
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No Potential Mitigation measures impacts provision of support mechanisms that give consideration to the vulnerable. • Target Vulnerable Groups with additional options and support- mechanism than those not considered vulnerable. • Ensure that the interests/rights of the vulnerable groups are integrated into sub-project activities by making it a requirement to integrate the interests of the poor and vulnerable. • Reduce social exclusion by increasing access to information, opportunities, goods, services and facilities for all stakeholders, especially the marginalised; • For close social integration to occur, socially marginalized groups and individuals must fully participate in social and economic opportunities. • Target women who have often been left out of efforts to increase sustainable livelihoods. The empowerment of women groups is essential both in helping them to help themselves, and towards development and the public good C Health and Safety: 1 Occupational • Incorporate a system of hazard identification and risk assessment of Safety and hazards identified. Health • Proper disposal of wastes • Awareness & training • Provision of protective gear • Employee health care services will be taken care of through preventive care in the form of appropriate immunizations, and pre- employment and periodic health screening as well as exit examinations. Medical care for ill-health and injuries will also be catered for. 2 Community • Community outreach programs will be factored in all new projects Health planned for in any location. This will help protect the communities Principles from injury or ill-health caused directly or indirectly by the road transport activities.
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SECTION 10 ESMF IMPLEMENTATION AND MANAGEMENT
10.0 Introduction The successful implementation of the ESMF depends on the commitment of the PMU and other institutions relevant to it. In addition, the capacity within the institutions to apply or use the framework effectively, and the appropriate and functional institutional arrangements, among others will go a long way to ensure the adherence to the framework. This section addresses the key ESMF areas relevant to its successful implementation: • Process Description • Institutional arrangements; • Participation/consultation Framework • ESMF Communication Plan in the Project Cycle • Measures for Strengthening Organizational Capability - Capacity building; • Environmental and Social Mitigation Principles and Clauses • Environmental and Social Monitoring • Budgets for the ESMF • Update and Revision of ESMF • Disclosures of Safeguard Instruments
10.1 Process Description The project cycle for ESMF implementation and management comprises of the following stages as: • Project Identification • Project Screening & Prioritisation • Project Preparation and • Project Implementation & Monitoring
10.1.1 Project identification The SEEFOR sub-projects shall be identified by the respective project local communities working with the relevant institutions such as the Local government, CBOs/NGOs, and the PMU as well as other MDAs Project outlines provided by the project PMU shall necessarily include a brief of the environmental and social implications likely.
10.1.2 Project Screening & Prioritisation The sub-projects proposed needs to be screened as part of the project screening and prioritisation stage of the project. Environmental and social aspects that are vital for consideration as part of the screening of sub-projects include presence of Natural Habitats, Cultural properties, other environmentally sensitive areas, contribution to greenhouse gas emissions, involuntary land acquisition, vulnerable PAP, impact on titleholders & non titleholders. Screening so carried out provides an overview of sub-projects that are likely to involve impacts and those that have no / minimal impacts, thus providing inputs into phasing of the sub-projects.
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The documentation requirements for EA/EMP and SA/RAP need to be integrated into the Detailed Project Reports for further project processing. At the stage of detailed project preparation, any significant environmental and social issues that may arise need to be addressed and mitigated through an EMP / RAP. The environmental management measures through the EMP should be included as part of the specifications and codified in the bidding documents to ensure implementation. These documents need to be prepared by a consultant in accordance with the typical TOR for Environmental Assessment/EMP in this ESMF and indicative Social Assessment and RAP TOR provided in the RPF .
All ESIAs/EMP will be sent to the World Bank for review and clearance to ensure compliance with OP4.01 and any other relevant policies, procedures and guidelines.
Progress of implementation activities for both these provisions is to be monitored through a monitoring plan providing the monitoring indicators and implementation schedule. Necessary budgetary provisions for all these measures need to be included as part of the SEEFOR. Inclusion of these provisions and any other specific measures that may be required shall be assessed based on a generic checklist of items required to be included into SEEFOR for environmental and social aspects. The SEEFOR for respective sub-projects would be checked for inclusion of these provisions and finalised.
Each state PMU will have in place a review process to ensure screening of all sub-projects. The sub-project applications will include an environmental screening sheet showing the estimated impact category of the sub-project. The choice of category will be based on the environmental and social checklist contained in the Environmental and Social Management Framework (ESMF).
After field appraisals are done in conjunction with communities, potential impacts will be identified and a simple or at most a limited environmental review will be conducted. Sub- projects that cannot develop mitigation measures that are acceptable to the community or that will result into potentially significant direct or indirect adverse impact will not be funded by SEEFOR. The promotion of environmental awareness during project identification, appraisal, and implementation will have positive impacts on the attitude of whole population towards environmental protection.
An environmental or natural resource management specialist attached to the PMU will be responsible for following up environmental and social concerns during project implementation. Review and clearances of Environmental Impact Assessments (EIAs) or Resettlement Action Plans (RAPs) if applicable, will be handled by State Environmental Protection Agencies before sending it to the Bank for approval.
Project staff, especially those charged will implementing safeguards instruments will be given more in-depth training courses in environmental management. Skills of selected staff from the State Environmental Protection Agencies, LGAs, and CBO/NGOs will also need to be
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strengthened through training, capacity and awareness building on environmental management including legal requirements and EIA methodology.
10.1.3 Project Implementation & Monitoring The PMUs will be responsible for the implementation of the ESMF and RPF recommendations in the various States. Consultants will be engaged to prepare EA/EMP and RAP/ARAP as and when necessary. The PMU’s environmental specialist (with knowledge on social issues) will be responsible for implementing the recommendations contained in these safeguards instruments, and he will be complemented with short-term national social/environmental safeguards consultants as and when the need arises.
For effective implementation of the ESMF, environmental and social planning is relevant. The environmental and social planning covers the environmental and social assessment (ESA) and the pre-project/project planning processes. It is a process that identifies and assesses the potential concerns and implications that may arise with the implementation of a project, in order to influence the design and other engineering feasibility options and decisions, for informed and sustainable project development.
Key stages of the ESA include proposal screening, Scoping, EIA and mitigation measures, while the pre-project/planning process involves project concept, identification, design and appraisal.
In the context of this SEEFOR ESMF, the project environmental and social management (ESM) is linked to the project implementation activities. The ESM comprises monitoring, management (of environmental and social impacts and mitigations), auditing and reporting. While project implementation activities include construction, opening up agricultural lands, landscaping, decommissioning of sites, facilities, equipment and machinery and also use.
The ESM stands to verify, during project implementation: • The adequacy of the environmental and social considerations and assumptions (made at the planning phase); • Effectiveness of mitigation measures being implemented; • Compliance with mitigation and other environmental and social requirements; • Any unanticipated or residual impacts that have arisen requiring remedial action; • How far the required environmental and social principles, standards and commitments are being met; and • The extent to which project monitoring and reporting requirements are being met.
The place of mitigation measures in the Fig. 9 exemplifies the logical connection between the planning and the implementation phases of any of the sub-project components projects under SEEFOR. Annex 7 shows the mechanism for monitoring the safeguard measures.
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AGRICULTURE SMALL CIVIL PUBLIC WORKS OTHER SUB -PROJECTS
PROJECT OUTLINES BY LOCATION
DIRECTION PROJECT
* NATURAL HABITATS * LAND ACQUISITION/ R&R SCREENING OF PROJECTS * SENSITIVE AREAS * IMPACT ON NON-TITLEHOLDERS * CULTURAL PROPERTIES * EXISTING POLICY PROVISION
IMPACTS NOT ENVISAGED IMPACTS ENVISAGED IMPACTS ENVISAGED * SAFEGUARD COMPLIANCE MECHANISM EXISTS
IMPLEMENT EA/SA
PRIORITIZATION AND SCREENING PROJECT
ENVIRONMENTAL AND SOCIAL CLAUSES INCORPORATION OF MONITORING PLAN ENVIRONMENTAL/SOCIAL PROVISIONS -Mitigation CHECKLIST MEASURES
PREPARATION PROJECT - PLANNING/DESIGN
- IMPLEMENTATION BUDGET - OPERATION
COMPLIANCE MONITORING
MONITORING & IMPLEMENTATION
Fig.9: Connection Between Planning and Implementation Phases of SEEFOR Sub-projects Components
10.2 Institutional arrangements Generally, the SEEFOR Project as a whole is to be implemented and monitored by the Technical Steering Committee (Board) made up of relevant stakeholders cutting across relevant institutions with the PMUs managing every day affairs of the entire project in each State. The individual implementing agencies will constitute their Project Implementing Units (PIUs).
As a point of emphasis, the PMU, as the implementing body has the mandate to: • Co-ordinate the SEEFOR programmes and actions in the various States • Plan, coordinate, manage and develop the various sub-project activities • Prepare plans for SEEFOR management and development.
Nevertheless, to achieve this made, the PMU shall liaise with the various levels of government and other identified stakeholders, namely relevant Federal MDAs, State MDAS, Federal Local Government Council Offices, the communities, NGOs/CSOs, Traditional Rulers; Trade Unions/Local social and professional groups e.g., farmers, fisher folk, market women, road transport workers, etc. and he General Public
The roles and responsibilities of these levels of institutions have already been defined in Section 7 of this ESMF.
Suffice it to say quickly that specifically with regard to Environmental and social issues, the PMUs will operate through their Safeguard Units who will liaise closely with other relevant
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MDAs in preparing a coordinated response on the environmental and social aspects of the SEEFOR sub-projects.
10.2.1 Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP: Component 2c of the project, focusing on community driven development (CDD), will be implemented through the existing Bank Assisted government CDD projects FADAMA and CDSP in each of the states involved. As such, the funding for this component will be channeled through the existing institutional arrangements and managed by the already established FADAMA and CDSP project implementation units in each state. In states where only one of the existing CDD projects is operating this component will be implemented only through this existing project. The component will run only for as long as the existing projects are operating. Given these institutional arrangements, all activities undertaken under this component will be subject to the safeguards procedures and instruments developed under these existing projects. Thus, the current SEEFOR project has triggered the relevant World Bank safeguard policies triggered by FADAMA III and CDSP triggered OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement, as well as additional safeguards policies including OP/BP 4.04 Natural Habitat, OP/BP 4.09 Pest Management, OP/BP 4.36 Forests that were triggered by FADAMA given the scope and the potential environmental and social impacts of the activities under FADAMA. The only exception to this consistency in World Bank policies triggered by the project funding these activities- SEEFOR- and the projects implementing the CDD activities is the policy on International Waterways. In this case the policy has not been triggered because the geographical locations of the different states involved in the project mean that no international waterways will be affected and that any surface or groundwater extraction, in any, would come from local sources. The current safeguards performance, the safeguards instruments prepared and the institutional arrangement for their implementation for Fadama III and CSDP are presented below. Third National Fadama Development Project: To date, the safeguard compliance of Fadama III has been satisfactory. Since the locations and potential negative localized impacts of the future subprojects, the Borrower prepared an Environmental and Social Management Framework (ESMF), a Pest Management Plan (PMP), and a Resettlement Policy Framework (RPF) for the purpose of identifying and mitigating potential negative environmental and social impacts at the subproject planning stage during the life of the project. The RPF outlines the policies and procedures to be followed in the event that subprojects require land acquisition. The PMP shows the procedures and steps to be undertaken to address pest management concerns, including capacity building in Integrated Pest Management (IPM). The ESMF outlines the environmental and social screening process for subprojects and proposes capacity building measures, including cost estimates. The ESMF includes: (i) an Environmental Management Plan; (ii) Environmental Guidelines for Contractors; and (iii) an environmental and social checklist for subprojects screening. The three instruments of ESMF, PMP and RPF were disclosed in-country and at the Info shop on May 4, 2007. The State Fadama Coordination Office (SFCO) is responsible for the implementation of the ESMF, PMP and RPF. Consultants are engaged to prepare Resettlement Action Plans and Environmental Management Plans or Environmental Impact Assessments (EIAs) as and when necessary. The SFCO has in place an environmental officer. This specialist
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is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises. Community Social Development Project: The safeguards rating of the community social Development project has been satisfactory to date. The potential environmental and social impacts of sub-projects under the CSDP are small-scale and site-specific typical of Category B projects. An Environment and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) have been prepared for the project and provide mechanisms to identify impacts for which standard mitigation measures to be applied during the implementation phase. The objective of the ESMF is to establish a mechanism to determine and estimate the future potential environmental and social impacts of the activities undertaken under the project, and to define the measures of mitigation, monitoring and the institutional measures to be undertaken during implementation o f the project. It is anticipated that project activities are unlikely to relate to land acquisition or restriction of access to sources of livelihood. However, in the event that there are resettlement concerns, the Resettlement Policy Framework (RPF) will be translated to Resettlement Action Plans (RAPS) as and when the need arises during project implementation. The CSDP State Agency is responsible for the implementation o f the ESMF and RPF recommendations. The Agency’s environmental specialist (with knowledge on social issues) is responsible for implementing the recommendations contained in these safeguards instruments, and he/she is complemented with short-term national social/environmental safeguards consultants as and when the need arises. The safeguards instruments for these projects- including detailed ESMF’s, PMP and RPF’s- have already been publically disclosed as part of project due diligence, remain valid and would apply to all SEEFOR funded activities that would be implemented through Fadama III and CSDP. 10.3 Participation / Consultation Framework The Participation Framework envisages involvement of all the relevant stakeholders’ at each stage of project planning and implementation. This has been kick-started in the course of the development of this ESMF. Some of the identified stakeholders during the initial consultations and their remarks/comments/observations given in Annex 8. Box 3 gives a summary of issues and/or comments from the consultations that are relevant to this ESMF. The concerns have been adequately addressed by the ESMF process.
The PMU will be largely responsible for ensuring participation of the relevant stakeholders/community at sub-project level. Involvement of the stakeholders/community should not be limited to interactions with the community but also disclosing relevant information pertaining to the project tasks. Community participation shall be undertaken at the following stages: • Prioritization Stage - to sensitize the community about the project and their role; Dissemination of project information to the community and relevant stakeholders is to be carried out by the PIU at this stage of the project initiative. The community at large shall be made aware of the project alternatives and necessary feedback is to be obtained. This should include the process being followed for prioritisation of the identified sub-projects. Community and other stakeholders should be involved in the
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decision making to the extent possible. Information generated at this stage should be - documented for addressal of queries. • Planning Stage - for disseminating information pertaining to the project, work schedule and the procedures involved; finalisation of project components with identification of impacts and mitigation measures. Sub-project information is to be distributed amongst the relevant Box 3: Main Outcomes of the Various Consultations stakeholders towards increasing their 1. In determining and designing of the awareness and their roles and sub-projects as envisaged under the SEEFOR there should be an inclusion responsibilities. Planning stage is of the relevant stakeholders’ and intended to be an interactive process beneficiaries’ opinions of the project, especially with the key stakeholders and 2. Opinions of the people must be made to communities at least in two stages. count by utilizing information/suggestion provided Initially while finalizing the best fit 3. For Sustainability, designation of alternative to a sub-project and Agencies to run the SEEFOR program without interfer ence from State second at the finalisation of the Governments in the day –to-day detailed designs. This would be joint running of the affairs 4. Proper understanding of roles between responsibility of the consultants MDAs in the entire management of the undertaking the design if not carried project 5. Even if the SEEFOR project may not out by the PIU in house and the PIU lead to any large scale land-take, itself. disruption/dislocation/destructi on of social and environmental resources, Consultations with respect to Government should adhere to both environmental and cultural aspects as National and State/local laws in the execution of projects. well as analysis studies for all 6. Existing MDAs should be strengthened alternatives and the selected via capacity building and assistance with equipment/IT for effective and alternative sub-project options are to adequate monitoring and enforcement be carried out as part of the mechanism. 7. Elite should not capture the project or Environmental Impact Assessments cause undue influence such that the supposed are deprived or not benefited • Implementation Stage - for addressing d
temporary impacts during construction and monitoring for transparency in the project implementation.
Consultations as part of the implementation stage would be direct interactions of the PUM with the Project Affected Persons and other relevant key stakeholders. These would comprise of consultations towards relocation of the PAPs, relocation of cultural properties, and towards addressal of impacts on environmental resources as water bodies, trees etc. With the implementation of the EMP provisions in progress, consultations and information dissemination is to be undertaken to let the member of the public informed of the progress.
10.4 ESMF Communication Plan in the Project Cycle
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ESMF Communication Plan The ESMF Communication Plan will be developed with specific guidelines and protocols consistent with the principles of participation that will govern the project and which will be reflected in the Communication Plans, including the Communication Plans of the Social Safeguard Frameworks of the Project.
They are: I. establishment of feasible participation mechanisms , II. establishment of participation mechanisms prepared with the basic objectives of transparency, responsibility of delivery of public service and an anticorruption approach; III. promotion of arenas of dialogue based on realistic and objective data avoiding the creation of expectations that cannot be met; IV. positive discrimination for the most vulnerable groups, such as women, young persons, children, older persons and indigenous communities.
10.5 Measures for Strengthening Organizational Capability - Capacity Building and Training It is the responsibility of the Safeguard Unit that shall be set up by the PMU to ensure that all identified members of the implementation team are trained prior to implementation of sub- projects. To enhance the respective roles and collaboration of the relevant stakeholders, the following broad areas for capacity building have been identified as deserving of attention for effective implementation of the ESMF: 1. Project screening techniques, screening tools and the applicable legislations and procedures; 2. General project planning and management inter-faced with environmental and social assessment and management; 3. Occupational Health and Safety 4. Environmental Impact Assessment (EIA); 5. Environmental Management Planning; 6. Monitoring and Environmental Audit; 7. Annual Environmental Report preparation and other reporting requirements; 8. Public participation techniques Public Hearing Procedure; 9. Public awareness creation / educational techniques (on environmental, social and health issues).
Specific areas for effective institutional capacity needs are given in Table 11.
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Table 10: Training Modules on Environment and Social Management
Programme Description Participants Form Of Duration/Location Training Training Conducting Agency Sensitization Introduction to Environment: chief Engineer Worksho ½ Working Day Environmental & Workshop • Basic Concept of Superintending p Social Specialists Environment Engineers of of Design • Environmental Regulations Implementing Agency Consultant/External and Statutory requirements and project Director and Agency engaged as per Government and Environmental/Safeguard for capacity World bank Unit, Procurements & building other relevant groups Module I Introduction to Environment: Engineers of Lecture ¼ Working Day Environmental & • Basic Concept of implementing, MoE/EPA Social Specialists Environment (Technical unit of Design • Environmental Regulations Consultant/External and Statutory requirements Agency engaged as per Government and for capacity World Bank building -Module II Environmental Considerations in Engineers of Worksho 1 Working Day Environmental & sub-projects: implementing, MoE/EPA p Social Specialists • Environmental components (Technical unit), of Design affected by urban Community Consultant/External development in construction leaders/CBOs/NGOs Agency engaged and operation stages for capacity • building • Rural Agricultural practices causing pollution • Pest management Activities • Environmental Management
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Programme Description Participants Form Of Duration/Location Training Training Conducting Agency Good Practices in Urban and rural Projects • Stakeholder and Community project Participation Module III Review of EIA and its integration Engineers of Lecture ½ Working Day Environmental & into Designs: implementing Agency, and Field Social Specialists • EIA Methodology Visit of Design • Environmental Provisions Consultant/External • Implementation Agency engaged Arrangements for capacity • Methodology of Assessment building of Pollution Monitoring • Methodology for site selection of waste disposal areas, e.t.c. of affected Properties Module IV Improved Coordination with other Officials of MoE/EPA, Environmental & Departments: and other line MDAs Social Specialists • Overview of SEEFOR of Design • Environmental & Social Consultant/External Impacts Agency engaged • Statutory Permissions – for capacity Procedural Requirements building • Co-operation & Coordination with other Departments Module VI Role during public civil works and Officials of MoE/EPA, Environmental & agricultural practices: and other line MDAs Social Specialists
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Programme Description Participants Form Of Duration/Location Training Training Conducting Agency • Roles and Responsibilities of of Design officials/contractors/consulta Consultant/External nts towards protection of Agency engaged environment and for capacity Implementation building Arrangements • Monitoring mechanisms Module VII Monitoring and reporting system Engineers of Environmental & Community Participatory implementing Agency, Social Specialists Monitoring and Evaluation MoE/SEPA, & relevant of Design MDAs, Community Consultant/External leaders/CBOs/NGOs Agency engaged for capacity building
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10.6 Environmental and Social Monitoring Monitoring is a key component of the ESMF during project implementation. The significance of monitoring stems from the fact that the inputs derived from the ESA into the project design and planning, including mitigation measures are based largely on “predictions”. It is essential that the basis for the choices, options and decisions made in formulating or designing the project and other environmental and social safeguard measures are verified for adequacy and appropriateness.
Monitoring verifies the effectives of impact management, including the extent to which mitigation measures are successfully implemented. Monitoring specifically helps to: • Improve environmental and social management practices; • Check the efficiency and quality of the EA processes; • Establish the scientific reliability and credibility of the EA for the project (as well as the quality of experts providing EA consultancy services in the road sector); and • Provide the opportunity to report the results on safeguards and impacts and proposed mitigation measures implementation.
Monitoring will be one of the principal activities of the environmental and social management (ESM) of the SEEFOR activities/projects once environmental permit is secured for a sub-project, contract is awarded and the project implementation will commence. The PMU Safeguard Units will commence monitoring as an important feedback mechanism. This ensures that the environmental and social mitigation measures in this ESMF are • Adhered to in implementation and are strengthened by arising situations: • Identified in the planning phase (contained in the EA report), and incorporated in the project design and cost are being implemented; • Maintained throughout the construction phase and where applicable in the use phase and to the decommissioning of sites, facilities and equipment; and • Where inadequate, additional remedial actions are identified (including corrective measures or re-design of mitigation measures).
Methods for monitoring the implementation of mitigation measures or environmental impacts should be as simple as possible, consistent with collecting useful information, so that the sub project implementer can apply them. For instance, they could just be regular observations of the sub project activities or sites during construction and then when in use. Are plant/equipment being maintained and damages repaired? Does a water source look muddier/cloudier different than it should, if so, why and where is the potential source of contamination.
Some indicators that could be used to ensure participation process involved in subproject activities include: • Number and percentage of affected households/individuals/institutions consulted during the planning stage; • Levels of decision-making of affected people; • Level of understanding of project impacts and mitigation;
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• Effectiveness of local authorities to contributing and making relevant decisions; • Frequency and quality of public meetings; • Degree of involvement of women or disadvantaged groups in discussions Most observations of inappropriate behaviour or adverse impacts should lead to common sense solutions. In some cases, there may be need to require investigation by a technically qualified person.
As spelt out in Section…., the monitoring roles and responsibilities would be carried out by the following: The monitoring by the PMUs Safeguard Units is effectively on the contractors engaged in the public civil works and the usage of pesticides for farming sub-projects, and covers other areas as adherence to the environmental and social clauses and principles for all the SEEFOR subprojects, not readily identified now. The monitoring results from the executing agencies are reported to the MoE/EPA, for necessary action.
The MoE/EPA (Federal and State levels) as usual, play the leading oversight role as it relates to safeguard issues, will carry out its own compliance monitoring to satisfy itself that the permit conditions and relevant standards and mitigation measures are being fulfilled by operators in the sub-projects.
In addition, other identified MDAs would participate in the monitoring giving consideration to specific components as they relate to their areas of statutory responsibility.
The Local Government traditionally would participate in the monitoring to ensure and verify adequacy of implementation various measures.
The communities as well as the CBOs/NGOs will be useful agents in collection of data that will be vital in monitoring and realigning the project to the part of sustainability as such they will play a role in the monitoring framework.
The World Bank will continually assess the implementation of the ESMF and other safeguard instruments and suggest additional measures as the need may be for effectiveness and efficiency.
10.7 Environmental and Social Mitigation Principles and Clauses While a comprehensive list of environmental and social clauses to be observed as appropriate in the implementation of this ESMF are presented in Annex 9, the following general principles have been identified as of paramount importance:
10.7.1 Air quality management • Contract specifications for contractors will include dust control measures in the event of activities raising air quality issues.
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10.7.2 Greens Management • Where activities interfere with the green environment, Contractors will undertake progressive replanting of all disturbed areas during construction for activities requiring this, not after construction phase. • As contractors’ obligation, the various sub-project contracts will specify provision for planting and ensuring effective re-vegetation.
10.7.3 Soil quality management • Contractors will ascertain that all raw materials, including sand, aggregates and other construction materials are sourced from approved sites. • As contractors’ obligation, the various sub-project contracts will specify provision for erosion control, spillage prevention during construction, and planting and ensuring effective re-vegetation.
10.7.4 Water resource management • The need to provide reservations or buffer zones of undisturbed vegetation and nearby water bodies/resources will be adhered to.
10.7.5 Noise abatement • Contractors will adhere to national permissible noise levels and ensure construction workers comply. • Contractors will use signboards and other public information mechanisms to inform the public in advance of construction work, scheduled closure or diversion.
10.7.6 Public safety and health • All open ditches, barricade, barriers and other potential hazards at the various worksites will be marked with bold and visible tapes to ensure avoidance of accidents. • Where a contractor is negligent in the provision of safety instructions and warnings, the contractor will be held accountable for accidents that occur on such project site and areas of influence.
10.7.7 Cultural Property PMUs address impacts on physical cultural resources in subprojects as an integral part of the EA process and therefore the steps elaborated earlier for EA sequence of: screening; developing terms of reference (TORs); collecting baseline data; impact assessment; and formulating mitigating measures and a management plan should be followed. These measures may range from full site protection to selective mitigation, including salvage and documentation, in cases where a portion or all of the physical cultural resources may be lost. Procedures to avoid damage to cultural property should include: • Consultations with the appropriate authorities and local inhabitants to identify known or possible sites during subproject planning;
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• Siting of subprojects to avoid identified sites; and • Construction contract procedures for dealing with “chance finds”. These procedures should include cessation of work until the significance of a “find” has been determined by the appropriate authorities and local inhabitants, and until fitting treatment of the site has been determined and carried out.
10.7.8 Protected Areas, Natural Habitats and Forests • SEEFOR subprojects are likely to be typically small and thus are unlikely to lead to significant conversion or degradation of natural habitats. However, Bank’s policy on natural habitat OP 4.04 should be used to see if a subproject would significantly convert or degrade a natural habitat. It is recommended that such a subproject should incorporate acceptable mitigation measures such as minimizing habitat loss and establishing and maintaining an ecologically similar area even for minor impacts. • Furthermore subprojects involving the significant conversion or degradation of critical • natural habitats (including forests) are unlikely to be funded. These are natural habitats that: • are protected by government (e.g. parks, Heritage Sites) or by tradition ; or • have known high suitability for biodiversity conservation; or are critical for rare, vulnerable, migratory, or endangered species.
10.7.9 Pesticide Management • The agricultural subprojects are expected to have only minor use for nationally approved pesticides and there may not be significant issues of pest management and pesticide use to be addressed in the subprojects. • The following criteria should apply to the selection and use of pesticides in activities under SEEFOR: They must have negligible adverse human health effects; They must be shown to be effective against the target species; They must have minimal effect on non-target species and the natural environment. The methods, timing, and frequency of pesticide application must be aimed to minimize damage to natural enemies; and, Their use must take into account the need to prevent the development of resistance in pests. Pesticide financed by SEEFOR must be manufactured, packaged, labeled, handled, stored, disposed of, and applied according to standards that, at a minimum, comply with the FAO's. FAO’s Pesticide storage and stock control manual, Revised guidelines on good labelling practice for pesticides, Guidelines for the management of small quantities of unwanted and obsolete pesticides, Guidelines on Management Options for Empty Pesticide Containers, and Guidelines on personal protection when using pesticides in hot climates would serve as guide. Consistent with World Bank OP 4.07, SEEFOR financing will not be used for formulated products that fall in WHO classes IA and IB, or formulations of products in Class II, if they are likely to be used by, or be accessible to, lay personnel, farmers,
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or others without training, equipment, and facilities to handle, store, and apply these products properly.
10.7.9.1 Integrated Pest Management Integrated Pest Management (IPM) is an effective approach to combat the negative effects of pesticide misuse. Successful IPM is based on building sound farmer knowledge of the agro-ecological processes of the farming environment and empowering them to make informed decisions on the most appropriate management strategies to apply a specific period of crop development and production cycle. SEEFOR present a TOR on IPM in Annex 10. SEEFOR as the need arise would promote the use of IPM practices, in particular through the following measures outlined in Table 11.
Table 11: Measures to Promote Integrated Pest Management in SEEFOR IPM Issues SEEFOR Supported Actions • Promote adoption of IPM on chemical pesticide practices 1. Increased through farmer education and training; use and • Move farmers away from input-dependent crop/pest management reliance on practices and promote use of locally produced organic matter, chemical botanical pesticides and biological control Pesticides 2. Current pest • Increase IPM awareness amongst policy makers and farming managemen community; and t practices • Abolish free distribution of pesticides to farmers and promote safe handling and application of pesticides 3. Enforcemen • Strengthen institutional capacity to effectively supervise t of compliance with pesticide legislation. legislation 4. IPM • Strengthen IPM research; research • Strengthen IPM extension; and • Strengthen collaboration for field implementation of IPM. extension 5. Environmen • Create public awareness of pesticide misuse hazards through tal hazards public awareness campaigns; of pesticide • Undertake regular assessment of pesticide residues in irrigated misuse agricultural production systems and in harvested produce; and • Carry out monitoring of pesticide poisoning in the farming and rural communities. 6. Increased • Support traditional mixed cropping systems to keep pest species dependence from reaching damaging levels. on chemical • Promote proper disposal of unused agricultural chemicals and 7. control packaging materials.
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10.7.10 Social Integration and Participation All SEEFOR activities as a matter of principle will promote the avoidance of any activity/subproject that • Overlooks the rights and special provisions of vulnerable groups in the communities • Causes any conflict among community or groups • Restricts the participation of women and/or marginalized any group.
Especially for public works, include in contract clauses the idea of holding Contractors financially and in some cases criminally liable for adverse impact that result from failure to implement contracted required mitigated measures.
As a matter of principles, Social inclusions or community participation in subprojects shall be managed, in particular through the inclusion of clauses that involve the following measures:
1.Community • Participation in decision- making built into the planning and participation implementation of all subprojects to allow local people a voice in matters concerning them. • Involvement of affected people for consultation with and participation of in the preparation and implementation • A summary of the views expressed and how these views were taken into account in preparing the resettlement plans/EMP • A review of the alternatives presented and the choices made by affected persons wherever options available to them, including choices related to forms of compensation and resettlement assistance. and 2. Integration • Use existing local groups rather than form new ones with host • Reduce social exclusion by increasing access to opportunities, goods, populations & services and facilities for all stakeholders, especially the marginalised; promotion of • For close social integration to occur, socially marginalized groups and social inclusion individuals must fully participate in social and economic opportunities. • Target women and youths, who have often been left out of efforts to increase sustainable livelihoods. • For Mentoring Young Entrepreneurs, strengthen existing vocational and technical schools 3. Social • Encouragement of programmes that meet peoples felt needs and reduce Inclusion & the feeling of alienation, which creates not only the perception but also Avoidance of the actual situation of being socially excluded. elite Capture/ • Include special efforts (affirmative action) to fully integrate socially Vulnerable marginalized people into the society groups • Ensure access to information on all projects/subprojects activities through participatory village focus groups. • Partnerships could go far in removing the barriers to social inclusion. • Where different groups or individual have different views or opinions,
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particularly emphasis will be put on the views and needs of the vulnerable groups 3 Gender • The empowerment of women groups is essential for public good, so issues ensure for every sub-project opportunities at least 50% are targeted at women 4. Avoidance • Ensure an agreement on expectations of promotion of • faithful implementation of memorandums of understanding any conflict • Service delivery, equitable among • Ensure development benefits to all communities and groups, regardless community of ethnicity, gender, generation, health conditions or socio-economic groups status. • Encourage cross-cultural communication that could facilitate human coexistence, harmony and mutual partnerships should be created. • Faithful implementation of memorandums of understanding signed by relevant stakeholders (affected persons, communities, or government). • Ensure development benefits to all communities and groups, regardless of ethnicity, gender, generation, health conditions or socio-economic status. Special efforts, including affirmative action, may be needed to fully integrate socially marginalized people into their society • Design subproject activities in manner that encourage cross-cultural communication systems that facilitate human coexistence, harmony and mutual partnerships. • Impact of resettlement on any host communities should always be seen as very urgent issues to treat through: o arrangements for prompt tendering of any payment due the hosts for land or other assets provided to Project affected persons; o arrangements for addressing any conflict that may arise between PAPs and host communities; and o any measures necessary to augment services (e.g., education, water, health, and production services) in host communities 5. • Include and ensure community participation and oversight of projects Implementation in their domains Arrangements: • Description of responsible for implementation of compensation payment and resettlement activities should be outlined and an assessment of the institutional capacity of such agencies and NGOs; and any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation.
6. • Participatory planning, budgeting and monitoring Accountability • Public information dissemination fund use in • Collective embracement of the tenets of probity, accountability and the use of transparency. public funds
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7. Grievance • To resolving conflict in the communities use existing traditional procedures methods that are affordable and accessible procedures for redressal of disputes such as: • community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders assembly, religious leaders, youth council, women groups, and ultimately the police and courts. 8. • Ensure an implementation schedule covering all payments of Implementation compensation and other applicable resettlement activities from schedule preparation through implementation, including target dates for the achievement of expected benefits to PAPs and hosts and terminating the various forms of assistance. • The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. • The affected persons and CBOs/NGOs should be abreast of the schedule 8. Project • Ensure local communities/CBOs/NGOs play a role in the monitoring Monitor framework. ing
10.8 BUDGETS FOR THE ESMF To effectively implement the environmental and social management measures suggested as part of the ESMF, necessary budgetary provisions has been be made for the individual sub- projects. It is important to identify financial resource requirements even if indicative. This ensures upfront appreciation of the financial requirements and allows early planning and budgeting accordingly. Tentative budget for each of the project includes the environmental management costs other than the good engineering practices, cost of environmental and resettlement monitoring. All administrative costs for implementing the ESMF shall be budgeted for as part of the PMU’s costing.
The indicative budget shown in Table 12 covers: - Routing E & S duties of the PIU; - Capacity Building for the PIU and other stakeholders; o Engagement of Environmental and Social Specialists at various stages of the transaction process; - Environmental and Social Due Diligence investigations and or Audits; - Environmental Impact Assessment (EIA) Studies commissioned directly by the PIU for no more than 3 projects - Monitoring and evaluation activities of the PIU
Table 12: Estimated Annual Budget to Implement ESMF/State 1 ESMF Requirements Budget Basis and Assumptions Total Cost per Annum (US$)
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2 Capacity Building for PIU Training Programs held in- 180000 Personnel country Meetings, Workshops and Monthly estimated expenses of 36000 Stakeholder Engagement US$ 2500 each for 2 persons -per year 2 Environmental Screening of No additional budget No additional transactions budget Engagement of Specialists Assume specialists may be 195000 engaged times to investigate issues such as legacy issues Field Visits to facility locations field visits estimated for 2 PMU 25800 personnel per year. Covers, transport, accommodation and daily allowances Meetings, Workshops and No additional budget Stakeholder Engagement 4 EIA Scoping Workshops EIA Scoping workshops per year 25800
EIA Reports Assume average cost of each EIA 450000 is US$150,000 Engagement of Environmental Assume specialists may be 195000 and Social Specialists engaged about 5 times at this stage 5 Monitoring Compliance with Assume quarterly monitoring 103200 EMP on E&S Issues during pre- activities over 5 days each quarter operations activities per year 6 Monitoring Compliance with Assume quarterly monitoring 103200 EMP and on E&S Issues during activities over 5 days each quarter operations per year 7 Contingency 10% of sub-total TOTAL Estimated Budget US$1,420,000 10.9 UPDATE AND REVISION OF ESMF The ESMF would be utilized for screening of projects as well as implementation of the specified environmental and social provisions in the sub-projects and is considered to be a ‘living document’ enabling revision where necessary. It is imminent that certain factors that would have been overlooked or not considered due to the preparation of this document upstream in the project cycle with minimum ground verification would crop up especially during sub-project implementation. The factors that would have implications on compliance with World Bank as well as national and state environmental regulations would be addressed through updating of the ESMF and the conducting of EIA for sub-projects when the need arises.
10.10 DISCLOSURES OF SAFEGUARD INSTRUMENTS Copies of this ESMF, like other Safeguard Instruments (such as EA/EMP/RAP/ARAP) that would be prepared for SEEFOR and its subprojects shall be made available to the public by
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PMUs at their offices in Bayelsa, Delta, Edo and Rivers States, and in the various relevant local government councils and project affected communities, State Ministries of Environment and other stakeholders and at the Federal Ministry of Environment.
All reasonable efforts must also be made to exposure them at strategic points within the project’s area of influence so as to allow all stakeholders to read and understand how they stand to be affected by the project
The PMUs/State Agencies will also disclose this ESMF and other safeguards instruments electronically through the World Bank Info Shop. Table 13 outlines information to be disclosed.
Table 13: Some Information to be disclosed Topic Documents to be Frequency Media disclosed Public Minutes of Formal Within two weeks of World Bank’s Infoshop. Consultat Public Meeting Implementation agency’s website. ion Consultation Ministry of Environment Meetings Project Management Unit & Project Implementation Units (PIU) Local government Secretariat Environm ESMF, Prior to awarding works World Bank’s Infoshop. ent Environment and Implementation agency’s website. Managem Assessment to remain on website Ministry of Environment ent Report & Project Management Unit & Project Environment Implementation Units (PIU) Management Plans Local government Secretariat along with Key Actions Resettlem RPF, Resettlement Once in the entire World Bank’s Infoshop. ent, Action Plan project cycle. But to Implementation agency’s website. Rehabilit (RAP) remain on the website Ministry of Environment ation and other disclosure Project Management Unit & Project and Land locations throughout the Implementation Units (PIU) Acquisiti project period. Local government Secretariat on Information Once at the start of the Through one-to-one contact with regarding project and as and when PAPs. impacts and their demanded by the PAP. Community consultation entitlements List of PAPs with impacts and entitlements to be pasted in the PMU offices R&R and LA 10th day of every month MDAs / Implementation agency’s monthly website. progress report. Project Management Unit & Project Implementation Units (PIU)
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RAP Impact After substantial Implementation agency’s website. Assessment Report completion of each phase Land Acquisition After substantial Implementation agency’s website. Notifications completion of each phase Grievance Continuous process World Bank’s Infoshop. redressal throughout the project Implementation agency’s website. process. cycle. Ministry of Environment Project Management Unit & Project Implementation Units (PIU) Local government Secretariat Project Management Unit & Project Implementation Units (PIU) One to one contact with PAPs.
11.0 REFERENCES • Ashton-Jones, N.J. and Oronto N.D. (1994). Report to Statoil (Nigeria) Ltd.: • Baseline Ecological Survey of the Niger Delta. Pro-Natura International. Lagos, Nigeria. • Centre for Environment & Health Research & Training (January, 2007): Environmental and Social management Framework (ESMF) for The Transport Sector Development Program (TSDP): Ministry of Transport • Commission of the European Communities (1992). Mangroves of Africa and Madagascar. European Communities, Luxembourg. • Douglas, Oronto N. (1994) Ogoni: Four Days of Brutality and Torture. Guardian. 26 June: B6. GUA2. • ERML (1997): Environmental and Socioeconomic Characteristics of the Niger Delta. • Federal Republic of Nigeria Infrastructure Concession Regulatory Commission (ICRC) (2009): ESMF for Nigeria Public Private Partnership (PPP) Project, prepared by ERML, December • Federal Republic of Nigeria, Federal Ministry of Commerce and Industry (2010): Resettlement Policy Frame Work for Growth and Enterprises and Markets in States (GEMS) Project, Prepared by Earth Guard, March • Government of India, Ministry of Urban Development (2008): Environment and Social Management Framework for Global Environment Facility Sustainable Urban Transport Project, September • Governments of Tamil Nadu/Pondicherry in association with the World Bank (2005): Environmental and Social Management Framework for India Emergency Tsunami Reconstruction Project • INDIA Governments of India States of Tamil Nadu & Pondicherry (2005): Environmental and Social Management Framework for Emergency Tsunami Reconstruction Project, April
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• Lagos State Government Lagos Metropolitan Area Transport Authority (LAMATA) (2009): Environmental and Social Management Framework (ESMF) Towards The Preparation For LUTP II, Prepared by Multiple Development Services, June. • National Disaster Management Authority (2009): Environment and Social Management Framework for The National Cyclone Risk Management Project, March • Niger Delta – Section C. Submitted to the National Resources Conservation Council. Biodiversity Unit, Rivers State University of Science and Technology. Port Harcourt, Nigeria. • Skoup and Co. Ltd. (1980). Feasibility Study of the Development and Management of Mangrove/Swamp Forests. Edinburgh, ScotlandSkoup and Co. Ltd. (1980). Feasibility Study of the Development and Management of Mangrove/Swamp Forests. Edinburgh, Scotland • Soils Survey Division 1990. Soils of Nigeria; Soils Survey Division, Federal Department of Agricultural Land Resources (FDALR), Nigeria. • The Government of Rwanda, Ministry of Agriculture and Animal Resources, MINAGRI (2009): Resettlement Policy Framework for Land Husbandry, Water Harvesting and Hillside Irrigation (LWH) Project, Prepared by Green & Clean Solutions Ltd, July
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12. ANNEXES
1. The ESMF Terms of Reference 2. Some National Legal Instruments on Environmental Management 3. Some International Treaties/Conventions Nigeria is Signatory 4. Environmental & Social Screening checklist 5. Indicative Terms of Reference for EA & EMP 6. Risk Assessment Method – Likelihood and Severity Table 7. Mechanism for Monitoring of Environmental Management 8. Summary of Stakeholders’ Consultations 9. Environmental and Social Clauses 10.An Indicative Plan for Integrated Pest Management
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