Executive Summary Introduction The Environmental and Social Impacts Assessment (ESIA) report is prepared for 13km long segment 2 Batil – Gersheen of Road No. 2 in Kurdistan. The Report follows the Terms of Reference for the Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) for segments 2 and 3 of Road No. 2 in Kurdistan issued by the General Directorate of Roads and Bridges (GDRB) of Duhok. The main goal of the study is to provide the decision-makers with a comprehensive tool that will allow them to implement the road upgrading in a way that is the least detrimental to the environment, population and businesses in the vicinity of the road alignment. Project Description Segment 2: Batil – Gersheen, 13km long (comprising 8km as part of TC and 5km connecting TC to Gersheen tunnel) is proposed to be upgraded from 1 lane both directions (single carriageway) to 3 lanes both directions (dual carriageway). Segment 2 is a part of the 65km KRG Transport Corridor (KRG TC). The project is located in Duhok Governorate of the Northern autonomous region of Iraq – Kurdistan. The Duhok Governorate is the most northern district of Kurdistan and borders with Turkey from the North and Syria from the West. The TC is connecting the city of Duhok with the Ibrahim Al Khalil border with Turkey. The map of the TC with Segment 2 highlighted in blue on it is presented in the Figure 0-1. Segment 2 Figure 0-1: Segment 2: Batil - Gersheen 1 Environmental and Social Impact Assessment Report For Transport Corridor Project – Road No. 2 – Segment 2 in Kurdistan The project has been under construction since July 2014. The expected completion date is April 2017. The rate of completion as of October 2015 is 41%. The breakdown of activities completed is presented in Annex 5. Segment 2 of TC comprises expansion of the current road alignment from 1 lane both directions (single carriageway) to 3 lanes both directions (dual carriageway). A Right of Way (ROW) for road construction of 100 m has been adopted for land acquisition and approved by GDRB. The proposed design speed for this road is 100 km/h. The horizontal and vertical alignments of the Road are designed taking into consideration type of terrain, design speed, the proposed cross section and planned Right of Way (ROW). There is a directional interchange Smail Ava Interchange designed to a high standard allowing fast interchange in each direction. Sixteen box drainage culverts are provided at low points generally defined by shallow wadis. Three road underpasses are provided for livestock and wild animals crossing. Truck lay-bys are proposed on each direction of the road. The road will be furnished with the road signs (directional, warning, etc.), lighting, guardrail, Jersey barriers, and road markings. Materials used for road construction include soils (possible re-use of cut materials), aggregates, Portland cement mixes, asphalt mixes, geo-synthetics, composites, and metals including steel and aluminum, wood materials. Significant water consumption is anticipated for the project. The staffing requirements for the project implementation are estimated about 90 persons including the administrative, technical staff, construction crew and miscellaneous unskilled labor. The summary of the road construction activities is presented in Table 0-1: Table 0-1: Duration of Construction Activities Duration (man # Activity days) 1 Construction of temporary detour routes: from station 22+100 to station 22+700 from station17+000 to station 18+000 from station 22+100 to station 22+700 from station 22+700 to station 28+100 1.1 Clearance and surveying 15 1.2 Cut and fill works 15 1.3 Curbstone works 22 1.4 Aggregate sub-layer 36 1.5 Paving 17 1.6 Traffic signs installation 5 2 Environmental and Social Impact Assessment Report For Transport Corridor Project – Road No. 2 – Segment 2 in Kurdistan Duration (man # Activity days) 1.7 Setting up construction camp 10 2 Main road works 2.1 Clearance 55 2.2 Cut/excavation 75 2.3 Fill operations 85 2.4 Curbstone works 70 2.5 Base sub-layer 80 2.6 Base layer 50 2.7 Tiling 50 2.8 Bridges and culverts works 170 2.9 Utilities installation 80 2.10 Installing reinforced concrete structures 130 2.11 Installing road lighting equipment 90 2.12 Paving 60 2.13 Installation of guardrails and barriers 60 2.14 Traffic signs installation and road markings 30 The project has been under construction since July 2014. The works completion rate as of 25.10.2015 was 41%. Policy, Legal and Institutional Framework The desk study on legal and institutional framework was conducted in order to assess the relevant existing legislation, policies and role of the different institutions in the project. The most applicable World Bank safeguard policies were also assessed and compared to the national legislation. Policies and Strategies: National Development Plan of Iraq 2011 -2014 Kurdistan Regional Government’s Economic Development Strategy Iraqi Transport Master Plan Legal National Framework: The Law for the Protection and Improvement of Environment No. 27, 2009 The Forestry Law No. 30, 2009 The Law on the Protection of Wild Animals and Birds No. 17, 2010 Public Health Law No. 89, 1981 The Law of Antiquities and Heritage No. 55, 2002 3 Environmental and Social Impact Assessment Report For Transport Corridor Project – Road No. 2 – Segment 2 in Kurdistan Regulation for the Provision of Water Resources, No. 2, 2001 Law of Environmental Protection and Improvement in Iraqi Kurdistan Region No.8, 2008 Law on Public Roads No. 35, 2002 Law of Land Acquisition No. 12, 1981 According to the World Bank definition the project is categorized as Category A. The policies that are viewed as most relevant to the scope of the present study are: Environmental Assessment (OP/BP 4.01) Involuntary Resettlement (OP/BP 4.12) OP/BP 4.11 – Physical Cultural Resources BP 17.50 Disclosure Policies Institutional and Administrative Framework The role of environmental protection is divided between different governmental institutions, which are responsible for specific aspects of environmental management. Also, some NGOs and scientific centers and universities are contributing to the nature protection in the Kurdistan Region. The Ministry of Natural Resources of the Kurdistan Regional Government; Ministry of Agriculture and Water Resources; Ministry of Environment/Environmental Protection and Improvement Board is the major governmental agency responsible for environmental conservation and protection. Ministry of Construction and Housing; Ministry of Municipalities and Tourism/Archeological Directorate of Duhok; Municipalities; NGO - Farasheen Organization for Environmental Protection (FOEP); Duhok Farmers Union; University of Dohuk. A number of international donor organizations are active in the Kurdistan Region and are implementing projects designed to improve the livelihoods of the population. Despite the fact that quite a number of institutions are involved in environmental protection and conservation, the institutional framework of the Kurdistan Region is characterized with a number of deficiencies: Dispersion of authorities and low level of coordination between different institutions; Overlap of jurisdiction, which might lead to overlooking the significant issues; Lengthy and bureaucratic process of obtaining permits for different kind of activities. 4 Environmental and Social Impact Assessment Report For Transport Corridor Project – Road No. 2 – Segment 2 in Kurdistan As authorized by KRG, DGRB bears primary official responsibility for ensuring that land acquisition and resettlement associated with the new road alignment are planned and implemented in a manner consistent with the laws and regulations of Kurdistan Region, and in a manner consistent with the principles and procedures of World Bank OP 4.12. Effective implementation of resettlement program requires coordination with the Duhok governorate along with their subordinate district governments, and with local councils and village committees functioning at the village or settlement level. Public Consultation Public participation makes a positive contribution to the project in terms of minimizing and avoiding potential public controversy and in identification of priorities of assessment. Stakeholders’ identification and analysis was conducted according to the World Bank categorization of the stakeholders according to their interest and influence in the present study. The key stakeholders identified include: GDRB Directorate of Agriculture of Duhok Directorate of Water of Duhok Directorate of Antiquities of Duhok Farmers’ Association of Duhok Directorate for Environmental Protection and Improvement Board of Duhok Local administration Farmers Business entities Duhok University Zakho University Al Farasheen Environmental NGO Public awareness was achieved through: Consultation Session on July 17, 2013 attended by 40 participants; Consultations with PAPs; Interviews with the governmental officials; Negotiations of Compensation Committee with individual PAPs on the size of the land acquisition and proposed compensation. Based on the main issues of concern expressed by the stakeholders throughout the consultations the criteria and requirements for project acceptance are described in Chapter 5.6. 5 Environmental and Social Impact Assessment Report For Transport Corridor Project – Road No. 2 – Segment 2 in Kurdistan The Grievance Redress Mechanism is prepared according to the OP 4.12 on Involuntary Land Acquisition