AFRICAN DEVELOPMENT BANK GROUP PROJECT: UPGRADING OF THE TSHIKAPA – MBUJI MAYI ROAD, TSHIKAPA –KAMUESHA SECTION (87 km) AND REHABILITATION OF RURAL ANCILLARY AGRICULTURAL INFRASTRUCTURE COUNTRY: DEMOCRATIC REPUBLIC OF CONGO ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) SUMMARY Project team: Mr. Anatole Désiré BIZONGO, OITC.1/CDFO Mr. Khaled LAADJILI, OSAN.2 Mr. Jean Pierre Muimana KALALA, OITC.1 Mr. Modeste KINANE ONEC .3 Mr. Salim BAIOD, Consultant, ONEC.3 Project team Sector Director: Mr. Amadou OUMAROU Regional Director: Mrs Marlène KANGA Division Manager: Mr. Jean Kizito KABANGUKA ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) SUMMARY ------------------------------------------------------------------------------------------------------ Project title : UPGRADING OF THE TSHIKAPA – MBUJI MAYI ROAD, TSHIKAPA – KAMUESHA SECTION (87 km) AND REHABILITATION OF RURAL ANCILLARY AGRICULTURAL INFRASTRUCTURE Country : DEMOCRATIC REPUBLIC OF CONGO Project number : P-CD-DB0-009 Department : OITC/OSAN Division : OITC.1 1) Introduction This document is the summary of the Environmental and Social Impact Assessment (ESIA) relating the upgrading of the Tshikapa-Kamuesha Road (87 km) and rehabilitation of rural ancillary agricultural infrastructure project (including the reconstruction of 368km of feeder roads) in the Democratic Republic of Congo. The document falls within the framework of the CSP 2013-2017 for DRC which pillar n°1 relates to the rehabilitation of basic infrastructures. This summary has been elaborated in accordance with environmental and social assessment guidelines and procedures of the African Development Bank for Category 1 projects. The description and justification of the project are first outlined, followed by the relevant legal and institutional framework in the Democratic Republic of Congo. A brief description of the main environmental conditions prevailing in the project area is presented, as well as alternatives that are compared in terms of technical, economic, environmental and social feasibility. Environmental and social impacts are summarized and the unavoidable impacts throughout the phases of preparation, construction and use of the road. Improvement and mitigation measures are therefore proposed in order to increase profits and/or, prevent, minimize the negative impacts and, present the monitoring program. Public consultations held during the ESIA and additional initiatives relating to the Project such as the required Resettlement Action Plan are presented. An Environmental and Social Compliance Certificate was issued by the relevant authorities in DRC for the project. 2) Project description and justification The National Highway 1 (RN1) connects Matadi in Western DRC, to Lubumbashi in Katanga in the East, and goes through the cities of Kinshasa, Bandundu (Bandundu Province), Thsikapa, Kananga (Western Kasaï Province) and Mbuji-Mayi (Eastern Kasaï Province). The section covered by the detailed technical studies (Tshikapa – Mbuji Mayi section) is 437 km long. The section funded by the Bank is 87 km long and is links Tshikapa, Kassala, Biakabomba, Kakumba, Katalaye and Kamuesha. This section is a continuation of the road between Pont de Lovua and Tshikapa, including the bridge over the Kasaï River. (i) Road works consist in the construction of the road following a 10m transverse profile in open country and 15m at the crossing of the city of Tshikapa and that of main villages as Kakumba and Kamuesha. The works will focus on earthworks (cutting and backfilling), the construction of hydraulic and drainage facilities, the pavement of the road including fiber optic ducts, the setting of road signs (horizontal and vertical), the construction of two important multicellular culverts for the crossing of the cities of Sumbu and Luenda Rivers and the planting of rows of trees at the exit of the city of Tshikapa and of four main villages including Kakumba and Kamuesha. (ii) Rehabilitation of rural ancillary agricultural infrastructure including access infrastructures (368 km of feeder roads and 3 ferry docks), marketing facilities (14 markets, 13 2 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) SUMMARY ------------------------------------------------------------------------------------------------------ warehouses and 10 slaughter areas, water supply facilities (30 boreholes, 7 water pipelines and100 water sources to be constructed), rehabilitation of agricultural training centers and of offices hosting administrations, NGOs and social reinsertion organizations involved in the project. Feeder roads are developed on 3 alignments: (1) Kasaï Bridge-Kalonda-Tshindemba-Lubilu River-« 2 trente deux » (towards Njokoponda) over 128 km; (2) NR1-Katalaye-Mukanga- Njokopunda over 110 km; (3) Kamuesha-Katshimu-Kabelekesse-Mungombe-Tshisanda- Bilenge-Kabodi/Kassala over 130 km. Therefore, in view of facilitating transport of rural products, the project relies on inland waterway transport to ensure the complementarity between waterways and their intermodal interfaces as well as with interconnecting feeder roads with the trunk road network, especially on the NR1. Rehabilitation and reconstruction of transport infrastructure to open up the country internally and externally are part of the main Government strategic pillars as stated in the Growth and Poverty Reduction Strategy Paper of June 2006 and in line with the first pillar of the CSP 2013- 2017 agreed with the Bank. The cost of road works and rural agricultural development is estimated at USD 94.34 Million. 3) The Political, Legal, and Administrative Framework 3.1) The political framework DRC has adopted several action and development plans at national level including: (i) the Tropical Forest Plan; (ii) the National Environmental Action Plan; (iii) the National Strategy and Action Plan on Biological Diversity; (iv) the Initial National Communication on Climate Change; (v) the Master Plan for Agricultural and Rural Development; (vi) the Master Plan for Fisheries and (vii) the National Action Plan for Housing. These participatory planning efforts bring together all stakeholders at the national level and give directions for achieving sustainable development. There are meant to ensure that a consensus is reached on environmental challenges to be met in relation with the social and economic development policy. They refer to the Social and Environmental Assessment as a key tool for environmental management. 3.2) The legislative and regulatory framework The Congolese legislative framework consists of a multitude of environmental instruments, most of which are outdated. They were complemented with an additional Framework Act No. 11/009 dated July 9, 2011 on Fundamental Principles of Environmental Protection, especially in its Chapter 1, Section 3. The Framework Act highlights, the need for: (i) a Social and Environmental Impact Survey (EIES) to be conducted for any industrial, commercial, agricultural project which activities are likely to pose a risk of pollution or environmental degradation and (ii) an environmental audit and public investigation to be carried out. Pending the promulgation of relevant specific decrees, the framework consists of: i. Decree-Act dated August 22, 1969 on nature preservation and the creation of preserved areas completed by Act 75-04 dated 22 July, 1975 relating to the creation of preserved areas; ii. Decree 75-231 dated July 22, 1975 which sets out the responsibilities of the Ministry of Environment, Nature Preservation and Tourism (MECNT); iii. Decree 75-232 dated July 25, 1975 which establishes the Interdepartmental Committee on Environment; iv. Ministerial Decree dated 25 June, 1998 which establishes the National Environment Information Center responsible for collecting, analyzing and disseminating all information relating to the countrywide state of environment; 3 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) SUMMARY ------------------------------------------------------------------------------------------------------ v. Act No 011-2002 dated August 29, 2002 on the Forestry Code. This Act is of general application and encapsulates the will to better organize environmental management of forestry resources. It prohibits any deforestation action in areas exposed to risks of erosion and flooding, and imposes a clearing a distance of 50 meters on either side of streams and within 100 meters of their sources. However, the Act fails to define impact assessment study as a tool for analytic work and for the protection of forestry and fauna resources; vi. Decree-Act No 007-2002 dated July 11, 2002 relating to the Mining Code that sets the conditions to be fulfilled for digging and operating minerals deposits. Provisions of the Code include environmental aspects; vii. Decree-Act No 71-016 dated March 15, 1971 on the protection of cultural property; viii. Decree No 75-232 dated July2, 1975 on the establishment of the Inter-ministerial Committee for the Environment, Nature Preservation and Tourism; ix. Decree 76-252 dated 22 September, 1976 relating to the organization of specific services within the Ministry of Environment, Nature Preservation and Tourism MENPT); x. Ministerial Decree No. 037/CAB/MIN/ECN-EF/2004 dated June 2, 2004, which was promulgated as part of the organizational framework for the environmental and social components of the Emergency Minimum Program for Rehabilitation and Reconstruction (PMURR); xi. The Congolese regulatory framework on compensation in case of expropriation of property for public use shall be governed by the Act