ENVIRONMENTAL AND SOCIAL SYSTEMS ASSESSMENT (ESSA) YOUTH EMPLOYMENT AND ENTREPRENEURSHIP IN PRODUCTIVE SECTORS (P179221) JUNE 2023 TABLE CONTENTS Contents EXECUTIVE SUMMARY ................................................................................................................. 6 CHAPTER ONE: PROGRAM DESCRIPTION AND SCOPE..................................................... 9 1.1 Introduction ........................................................................................................................... 9 1.2 Program Description ............................................................................................................ 9 1.3 Program Implementation and Institutional Arrangements ............................................ 14 1.4 Excluded Activities or Negative List ............................................................................... 16 1.5 Scope of the Environmental and Social Management System Assessment (ESSA) . 16 1.6 Objectives of this ESSA .................................................................................................... 17 1.7 Approach of ESSA ............................................................................................................. 17 CHAPTER 2: DESCRIPTION OF POTENTIAL PROGRAM ENVIRONMENTAL AND SOCIAL IMPACTS ........................................................................................................................... 19 2.1 Expected Environmental and Social Benefits ................................................................ 19 2.2 Expected Environmental and Social Risks and Impacts ............................................... 20 CHAPTER 3: STAKEHOLDER CONSULTATION .................................................................... 33 3.1 Summary of Consultations ..................................................................................................... 33 3.2 Disclosure ................................................................................................................................. 34 CHAPTER 4: OVERVIEW OF RELEVANT BORROWERS ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS .......................................................................................... 35 4.1 National Policies, Laws and Regulations on Environmental and Social Systems..... 35 4.2 Legislative and Regulatory Framework for Environmental Due Diligence and Management ................................................................................................................................... 37 4.3 Biodiversity and Protection of Natural Habitats ............................................................ 42 4.4 Physical Cultural Resources (PCR) ................................................................................. 43 4.5 Labor and Occupational Health and Safety .................................................................... 44 4.6 Community Health and Safety ......................................................................................... 45 4.7 Social Provisions ................................................................................................................ 46 4.8 Access to Information and Data Protection .................................................................... 48 4.9 Dispute Resolution ............................................................................................................. 49 4.10 Policies, Laws and Guidelines Pertaining to the Youth and Employment .................. 49 4.11 Overview of Institutional Framework ............................................................................. 53 CHAPTER 5: ASSESSMENT OF THE CLIENT’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS .......................................................................................................... 58 5.1 Summary of Systems Assessment as the PforR Core Principles ................................. 58 5.2 Implementing Agencies E&S Systems Assessment....................................................... 71 CHAPTER 6: PROGRAM ACTION PLAN (PAP) AND RECOMMENDATIONS ............... 75 6.1 Environmental Summary and Recommendations .......................................................... 75 1 6.2 Recommendations for Management of Key Environmental Gaps Identified ............ 75 6.3 Social Summary and Recommendations ......................................................................... 76 6.4 Recommendations for Management of Key Social Gaps Identified ........................... 77 6.5 Program Action Plan .......................................................................................................... 78 ANNEXES .......................................................................................................................................... 82 Annex 1: Stakeholders Consulted during ESSA Preparation ................................................... 82 Annex 2: ESSA Questionnaire ..................................................................................................... 87 Annex 3: List Participants of Virtual ESSA Validation Workshop on 2nd May 2023 .......... 93 Annex 4: Minutes of ESSA Validation Workshop ..................................................................... 94 LIST OF TABLES Table 1: Potential Project Environmental and Social Risks and Impacts ............................................. 29 Table 2: Core Principles vis-a-vis Relevant National Environment and Social Policies, Laws, and Regulations ........................................................................................................................................... 35 Table 3: An Assessment of E&S Systems against the Six Core PforR Principles................................ 59 Table 4: An assessment of the E&S management systems of the main implementing agencies .......... 71 Table 5: E&ES Aspects to be included in the Program Action Plan ................................................... 78 TABLE OF FIGURES Figure 1. Institutional/Implementation Arrangement ........................................................................... 15 Figure 2: Ghana's EA Process ............................................................................................................... 40 2 LIST OF ACRONYMS AAAM African Association of Automotive Manufacturers ADC Automotive Development Center AER Annual Environmental Report AfDB African Development Bank AIDS Acquired immunodeficiency syndrome ARAP Abbreviated Resettlement Action Plan BAT Best Available Technology BEP Best Environmental Practices BDS Business Development Services CEO Chief Executive Officer COVID-19 Corona Virus CSIR Council for Scientific and Industrial Research CSO Civil Society Organization CTVET Commission for Technical and Vocational Education and Training DEP District Entrepreneurship Program DLI Disbursement Linked Indicator DoC Department of Children DoG Department of Gender DSD Department of Social Development DTRT Do the Right Thing DVLA Driver and Vehicle Licensing Authority DVS Domestic Violence Secretariat EA Environmental Assessment EAA Environmental Assessment and Audit E&S Environmental and Social EI Executive Instrument EIA Environmental Impact Assessment EIS Environmental Impact Statement EMU Estate Management Unit EPA Environmental Protection Agency EPD Environmental Permitting Decision EPZs Export Processing Zones ESCP Environmental and Social Commitment Plan ESF Environmental and Social Framework EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMMF Environmental and Social Management and Monitoring Framework ESMP Environmental and Social Management Plan ESSA Environmental and Social Management System Assessment EI Executive Instrument FBOs Faith-Based Organizations FDA Food and Drugs Authority FP Focal Person FSD Financial Sector Division FWSC Fair Wages and Salaries Commission GBV Gender Based Violence GDP Gross Domestic Product GEA Ghana Enterprise Agency GEMS Geo-Enabling Initiative for Monitoring and Supervision GEPA Ghana Export Promotion Authority GETP Ghana Economic Transformation Program GFZA Ghana Free Zones Authority GhBC Ghana Building Code 3 GHS Ghana Health Service GM Grievance Mechanism GMMB Ghana Museum and Monuments Board GMP Good Manufacturing Practices GNFS Ghana National Fire Service GOG Government of Ghana GRA Ghana Revenue Authority GRM Grievance Redress Mechanism GSA Ghana Standards Authority HIV Human Immunodeficiency Viruses IBC International Building Code ICD Institutional Care Division IDA International Development Association IGCC International Green Construction Code IPF Investment Project Financing IVA Independent Verification Agent J4Y Jobs for Youth LED Local Economic Development LI Legislative Instrument LMP Labour Management Procedure M&E Monitoring and Evaluation MDA Ministries Departments and Agencies MELR Ministry of Employment and Labour Relations MESTI Ministry of Environment, Science, Technology and Innovation MMDAs Metropolitan, Municipal and District Assemblies MOF Ministry of Finance MoGCSP Ministry of Gender, Children and Social Protection MOH Ministry of Health MOI Ministry of Information MOTI Ministry of Trade and Industry MOU Memmorandum of Understanding MSME Micro Small Medium Enterprises MTEP Medium-Term Expenditure Framework MTNDPF Medium Term National Development Policy Framework MTR Mid-Term Review NABCO Nation Builders Corps NBSSI National Board for Small Scale Industries NCCE National Commission for Civic Education NCPD National Council for Persons with Disability NEIP National Entrepreneurship and Innovation Programme NEP National Employment Policy NGO Non-Governmental Organization NPA National Petroleum Agency NPRA National Pensions Regulatory Authority NSP National Social Protection NYA National Youth Authority OEH Occupational and Environmental Health PAP Program Action Plan PBSP Presidential Business Support Programme (PBSP) PCN Project Concept Note PCR Polymerase Chain Reaction PDO Program Development Objective PEA Preliminary Environmental Assessment PFIs Participating Financial Institutions PFM Public Financial Management 4 PforR Program for Results PIM Program Implementation Manual PIU Project Implementing Unit PNDC Provisional National Defence Council POC Project Oversight Committee PPD Public-Private Dialogue PPP Public Private Partnership PSC Program Steering Committee PTC Project Technical Committee PWDs Persons With Disabilities RAP Resettlement Action Plan SEA Sexual Exploitation and Abuse SEP Stakeholder Engagement Plan SH Sexual Harassment SME Small and Medium Enterprises SSNIT Social Security and National Insurance Trust TA Technical Assistance T&G Textile & Garments TIA Technical Implementing Agency TOR Terms of Reference TRC Technical Review Committee UN United Nations UNCRPD United Nations Convention on the Rights of Persons with Disabilities UNDP United Nations Development Programme US United States WHO World Health Organization YEA Youth Employment Agency 5 EXECUTIVE SUMMARY Background The World Bank is proposing to support the Government of Ghana (GoG) with a Program for Results (PforR) instrument in a program referred to as “Youth Employment and Entrepreneurship in Productive Sectors�. The PforR operation will support the development of three priority sectors under MOTI’s Strategic Anchor Industries program as well as the DEP under YOUStart. The operation will run for five years and will cover interventions nationwide. It will focus on four results areas: (1) investment promotion; (2) export facilitation; (3) sector- specific skills training; and (4) youth-led enterprise promotion. The PforR beneficiaries include investors (both foreign and domestic) and their employees (of which 60 percent are estimated to be under 30 years of age), young graduates enrolled in industry-led training programs (of which 30 percent will be women), young entrepreneurs between 18-40 years old (of which 50 percent will be women and 5 percent will include persons with disabilities) and their employees. The PforR will indirectly benefit the households that employees and entrepreneurs support through their additional wage incomes or business margins. The Program Development Objective (PDO) is to increase investments and exports in selected sectors, improve sector-specific skills, and promote youth entrepreneurship. The PDO will be measured using five PDO indicators and intermediate results indicators. The PDO indicators are highlighted below. (a) Private investments facilitated (b) Number of firms with new commercial relationships (c) Percentage of graduated skilled youth in employment (d) Percentage of youth-owned enterprises still in operation six months after completion of the DEP (e) Number of additional employees in youth-owned enterprises one year after the completion of the DEP The institutional and implementation arrangement for the PforR will draw on the experience and lessons from existing institutional structures of IDA-financed projects to ensure comprehensive representation and smooth coordination. The Ministry of Finance (MoF) has demonstrated capacity for coordinating IDA-financed projects, particularly PforRs such as the Ghana Public Financial Management for Service Delivery Program (P176445). The MOTI is currently an implementing agency of the Ghana Economic Transformation Project (P166539). The Ghana Enterprise Agency (GEA – an agency of MOTI) is an implementing agency of the Ghana Economic Transformation Project - P166539; Ghana Jobs and Skills Project - P166996; Ghana Tourism Development Project - P164211; and the Ghana Digital Acceleration Project- P176126. The Financial Services Division (FSD) of the MOF will house the Secretariat, which will have the overall responsibility for coordination, monitoring, and results reporting for the program. The Secretariat will coordinate closely with the YOUStart Secretariat, also housed within FSD/MOF. The institutions responsible for implementing the PforR program are MOTI, GEA, and NEIP. This ESSA examines the extent to which the Government of Ghana’s (GoG’s) existing environmental and social management systems could guide environmental and social risks and impacts assessments, mitigation, management, and monitoring of E&S risks and impacts of the PforR Program. It evaluates how the systems incorporate recognized elements of good practices in environmental and social assessment and management. Approach to ESSA 6 The ESSA has been prepared by the World Bank via a combination of detailed reviews of existing program materials, available technical literature, including government policies, regulations, guidelines and examples of due diligence and design documents, field visits, virtual interviews and extensive consultations with government staff, non-governmental organizations, regulatory agencies, private sector organizations and sector experts associated with MOTI, GEA and NEIP. Key Environmental and Social Benefit The key environmental and social benefits of the program include: Policy enhancement and promotion of investment The PforR Program will support the development of three priority sectors under MOTI’s Strategic Anchor Industries program as well as the DEP under YOUStart. The operation will cover interventions nationwide and will support the enhancement of the policy environment and investment promotion (Result Area 1) as well as export facilitation (Result Area 2) for the Automotive, Textiles and Garment, and Pharmaceutical Sectors. Enhancement of youth employability skills The PforR Program will also enhance sector-specific skills (Result Area 3) of young graduates to-be enrolled in industry-led training programs (of which 30 percent will be women). Job creation and economic transformation The PforR will equally finance part of the DEP, which will provide a combination of training and capacity building support, Business Development Services (BDS), access to markets and technology. The Program’s finance to DEP will include provision of business grants to young entrepreneurs, especially for businesses or start-ups that can benefit from the growing demand in selected value chains supported under Results Area 1-3. Ultimately sustainable and quality businesses and jobs which are to be realized will have positive environmental and social impacts. Better firm transition to renewable energy options The Program will support transition to renewable energy sources for selected firms following an energy audit to be supported under the Program. For example, in the T&G and Pharmaceuticals industries, the Program will explore and support initiatives on renewable energy to help mitigate the current high cost of energy in Ghana (especially as a percentage of overall production cost). Detailed procedures for the selection of firms and the type of support provided will be defined and included in an implementation manual Improved Environmental Footprint of industries The setting up of the skills training center with provision of necessary modern efficient equipment and human capacity will contribute towards reducing poor environmental practices such as automotive oil disposal. The proposed support for the transition to renewable energy sources for selected firms following an energy audit under the program will help reduce the use of conventional energy sources (e.g., diesel-based generators which is common in smaller firms) across the country. This will help reduce the associated greenhouse gas (GHG) emission and climate impacts. Key Environmental and Social Risks and Impacts The assessment of the potential environmental and social risks and impacts of the program considered the proposed activities for each Result Area and are summarized in the table below. 7 Key Environmental and Social Risks Result Area Key Interventions Potential Environmental Risks Potential Social Risks Results area 1: • Support the adoption, No or negligible environmental • Complex stakeholder engagement and Investment implementation and risks and impacts are expected. collaboration especially with MDAs and the promotion amendment of policies, laws, However, the promotion of private sector regulations, and publication research and development in the • Low capacity of the implementing agencies of quality standards. pharmaceutical industry could on E&S risks. • Establishment of Public- present moderate environmental • Potential occupational health and safety risks. Private Dialogue mechanism risks including waste generation – • Poor labor and working conditions including for monitoring solid waste and liquid effluent. discrimination, sexual exploitation, and • Support investment promotion Abuse/ harassment sexual abuse (SEA/SH), and facilitation unequal opportunities, unfair treatment etc. Results area 2: • Facilitation of access to export The Program’s support for firms’ • Complex stakeholder engagement Export facilitation market to enable firm growth transition to renewable energy and • Implementation constraints due to lack of and employment possible connection to utilities could adequate collaboration arrangement with • Technical assistance to firms lead to: MDAs and the private sector to meet higher standard, • Waste (solid and liquid waste) • Risk that, project may be dealing with some including enhanced could be generated firms with current or historic E&S environmental performance • Exposure to hazards such as shortcomings such poor OHS and labor • Supplier development noise, dust, electricity, work at management practices and land wrangling. program to link small height, trips, slips, etc. • Inadequate clarity on the terms and nature of suppliers employing youth to relationship between bigger firms and small larger manufacturers suppliers may lead to exploitation, agitation, and SEA/SH due to power dynamics. • Source of raw materials from suppliers could potentially involve child labor • Community health and safety risks from waste disposal and pollution from firms. Results area 3: • Establishment of industry- • Waste (solid and liquid waste) • Implementation failure due to lack of Enhancing sector- led skills centers to improve could be generated adequate collaboration arrangement with specific skills workforce readiness among MDAs and the private sector training young graduates • Low capacity of the implementing agencies 0 • Exposure to hazards such as • Potential exclusion of beneficiaries in remote noise, dust, electricity, work at areas height, trips, slips, etc. • Discrimination in access to training • Lack of reasonable accommodation and assistance to ensure participation of vulnerable groups such as persons with disabilities, women, children (of working age in accordance with national labor laws) in skills training • SEA/SH between trainers and beneficiaries and within project entities Results area 4: • Launch of the DEP under Investments to be supported • Politicization of the program Youth-led YOUStart through grant could cause the • Complex stakeholder engagement and enterprise • Business Development following environmental impacts: collaboration with MDAs promotion Services (BDS) to selected • Minimal loss of vegetation, • Low capacity of the implementing agencies youth businesses habitat, and biodiversity. • Potential exclusion of marginalized groups • Provision of start-up financing • Waste (solid and liquid waste) such as women, PWDs & SMEs in remote to select youth-led businesses could be generated from grant areas investments • Potential increase in GBV/SEA/SH due to • Workers may also be exposed power dynamics between project executors to some occupational health and prospective beneficiaries and safety hazards such as • Risk of excluding micro enterprises due to noise, dust, electricity, work at stringent selection criteria or registration fees height, trips, slips, etc. • Potential conflicts over selection process • In the case of water connection • Lack of grievance mechanisms for complaints to businesses, poorly executed resolution water works could cause leakages leading to localized ponding that may contribute to the breeding of disease-borne vectors and nuisance to the fringe communities 1 • Waste (solid and liquid waste) could be generated • Exposure to hazards such as noise, dust, electricity, work at height, trips, slips, attack from animals such as snakes, scorpions, etc. 2 Assessment of Borrowers Capacity National Laws and Regulations and Policies on Environmental and Social Systems Ghana has several policies and regulations that support environmental and social management. The country’s first Environmental Policy was enacted in 1995 and was based on a broad vision founded on and directed by respect for all relevant principles and themes of environmental and sustainable development. There are also a few sectoral policies which provide directives to integrate environmental and social considerations in the decision-making process to avoid or minimize impacts associated with program implementation. A matrix of the World Bank’s six core environmental and social principles aligns with relevant national environment and social policies, laws and regulations. Assessment of E&S Systems against the Core Principles Core Principle Assessment Identified Gaps Core Principle 1: • Sufficient national laws, • Potential overlap in General Principle regulations and policies legislations of Environmental • Current EIA system of the GoG • Potential overlap in and Social provides a comprehensive implementation Management framework for E&S assessment arrangements and • Strong institutions in place for engagements with environmental assessment. stakeholders • National and regional EPA are • EIA processes focus active and onboard to ensure more on environmental compliance with EIA regulations requirements and do not • Bank projects have worked with provide adequate checks the MoF and MoTI in the past on the social impacts of helping build capacity on the regulatory environmental due diligence requirements systems within agencies (NEIP, • Resource constraints to GEA, YouStart etc.). enable EPA to screen all • Existence of Grievance sub-projects beyond the Mechanism (GM) through ongoing threshold. World Bank projects such as the • Under-staffing on E&S Ghana Economic Transformation management (EPA, Program) PIUs) • Active civil society players in the sectors Core Principle 2: • Existing laws, regulations and • Weak enforcement of Natural Habitats policies civil contracts and and Physical • EIA process and guidelines inadequate monitoring Cultural Resources consistent with the principle of during construction. environmental protection. • Weak capacity to assess • Current EIA system of the GoG the potential impacts on provides a comprehensive the natural habitats and framework for E&S assessment physical cultural • Existing legislation for EIA process resources. considers impacts on natural • During excavation habitats and physical cultural works, known or resources as mentioned in Schedule unknown physical 3 of LI 1652. cultural resources like 3 • The Program will exclude antiquities, relics of subprojects that have adverse cultural and religious impacts on natural habitats and valued resources might physical cultural resources not be properly identified and be affected. Core Principle 3: • Regulations about public safety • Weak enforcement of Public and Worker and occupational health and safety health and safety policies Safety management. • Absence of health and • The EPA requires that attention be safety desks at some paid to public and worker safety as institutions especially part of the EIA process newly established ones Core Principle 4: • Presence of Lands Act • Compensation is focused Land Acquisition • Consciousness of RAP processes on cash payments for replacement of land and assets, not land for land or restoration of livelihoods • Inadequate technical capacity of the Program staff on the preparation and implementation of RAPs/ARAPs and other social management instruments such as livelihood restoration plans and GRMs. Core Principle 5: • National and Institutional • Lack of clear guidance Social Frameworks and procedures to Considerations - • Ghana has a fairly good number of manage inclusion of Indigenous legislations and policies vulnerable groups. Peoples and • National Disability Policy of 2004 • Lack of gender Vulnerable Groups and the Persons with Disability mainstream strategies to Act, 2006, (Act 715), facilitate inclusion of • The National Social Protection gender equity in Policy provides a framework Programs • National Youth Policy • Lack of an action plan on gender and disability inclusion in employment Core Principle 6: • Presence of Laws on Conflict • High cost of accessing Social Conflict Resolution conflict resolution • Presence of GRM systems mechanism • Ghana has a fairly good system for • Bureaucracies and slow handling social conflicts, including pace of conflict a largely respected traditional resolution chieftaincy system, civil policing, and recourse to the legal system. Assessing Implementing Agencies An assessment of the E&S management systems of the main implementing agencies, namely MoF, MoTI, NEIP, GEA, and supporting agencies was undertaken. The agency specific 4 assessments identified the institutional strengths and gaps as related to the Policies and procedures for environmental and social due diligence, E&S capacity, and stakeholder engagement and grievance mechanisms. The ESSA presents recommendations to strengthen institutional level systems for managing potential impacts and risks on environmental, social, health and safety. Environmental Summary and Recommendations • The national legislative due diligence structure on E and S risk management and Environmental Impact Assessment (EIA) procedural guidelines are largely consistent with the principle of environmental protection; however, some proposed program interventions may fall outside the permissible thresholds for EIA within the country which is a key gap observed. • There is already a national screening criterion for projects in national parks, areas containing endangered flora and fauna and cultural resources as established under Schedule 3 of LI 1652. The existing legislation for EIA process considers impacts on natural habitats and physical cultural resources as mentioned in Schedule 3 of LI 1652, however its implementation in smaller sub projects needs to be well defined. • Lack of designated focal personnel within the regional, district and community levels to manage the environmental risks and impacts of proposed interventions. Recommendations for Management of Key Environmental Gaps Identified The key gaps identified above can be further managed via the following recommendations on the environmental side that can be incorporated into the Program Action Plan for sound environmental due diligence and management of activities: • There is a need to establish a program specific E&S screening and management framework process using the GOG’s guidelines to ensure sound management of E&S risks and impacts in project financed works. • A Program specific Environmental and Social Management and Monitoring Framework (ESMMF) should be developed. This framework will provide a systematic due diligence process to be followed by program implementing agencies using national and international best practice. Such a framework will help the GOG, MoF, MOTI and other implementing institutions use the same for future programs. This includes the following: ✓ The framework will draw from the EPA’s EA Sectoral Guidelines for the trade and industry. This framework can recommend measures to cover subprojects falling outside Schedule 1 of LI 1652. ✓ The framework will include a screening checklist for environment and social due diligence. ✓ The framework will include a generic Environmental and Social Management Plan (ESMP) and Environmental and Social Codes of Conduct for works, punitive clauses for contractors, management of obsolete waste and hazardous waste equipment, and operations and monitoring requirements and standard formats for monitoring. ✓ It will define responsibilities within the program implementation structure that the MOF, MOTI and other allied agencies will follow. • Appoint one Environmental Specialist at the Secretariat and assign Focal Personnel within the implementing institutions to advise and oversee the implementation of environmental safeguards. 5 • A training program on E&S management should be developed to be incorporated into the Program’s overall training and capacity building programs. • Specific training on E&S due diligence and management should be conducted on an annual basis for the project teams - including teams associated with the implementation of automotive, pharmaceutical, and textiles and garments policies. This will focus on strengthening of country, MOTI and implementing agencies’ systems to manage E&S risks. • Capacity building will also facilitate sound implementation of the E & S actions as part of the Program Action Plan. • While the Program will exclude subprojects that have adverse impacts on natural habitats and physical cultural resources, the scope and nature of the subprojects under the Program should be designed to ensure they will not be located in known natural habitats of importance, including protected areas, known sites of biodiversity importance, documented or buffer zones of protected areas, community forests or sacred groves and important biodiversity sites in the communities – program activities will be conducted mainly in conducive and acceptable sites. • The Program should conduct annual performance review and audit on environment and social management focusing on at minimum the following: ✓ Program’s compliance with applicable national legislation on environment and involuntary resettlement especially as related to civil works; ✓ functioning of the Program Grievance Mechanism (GM); ✓ implementation of E&S actions in the PAP; ✓ implementation of E&S measures in the proposed ESMMF; and ✓ E&S capacity gaps among implementing institutions. Social Summary and Recommendations • Notwithstanding that, the EPA ensures environmental risks encompass general social risks as part of the EIA process, the social impact assessment and risk management is limited. EPA focuses more on environmental requirements and do not provide adequate checks on the social impacts of the regulatory requirements. For example, the EIA regulation does not specifically require the need to address impacts on vulnerable people and Gender-Based Violence (GBV), Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH). • There is limited guidance on screening for potential social impacts and risks for those subprojects outside thresholds and therefore a program specific social impacts screening criteria and due diligence mechanism will be needed. • There is lack of adequate resources for EPA and other mandated agencies to adequately monitor and enforce compliance with the EIA regulations and, more especially, social risk of programs and projects. There is inadequate social risk management staff and financial resources at most of the operational levels. There is also a lack of administrative and political will and the level of awareness of the social laws for effective enforcement of environmental and social legislation. • There is inadequate expertise to prepare social safeguards instruments (RAPs/ARAPs and other social management instruments such as SEPs) among program implementing agencies, and at most levels of the Ghana administrative system. Therefore, there is limited capacity of MDAs and MMDAs to prepare acceptable RAP/ARAPs. The statutory agency (LVD) is not usually engaged by MDAs and MMDAs in the preparation of RAPs/ARAPs. These are mainly outsourced to external consultants. In 6 some cases, there is a history of works having started without fully implementing the RAPs/ARAPs. • The quality of implementation of ESMPs/Environmental and Social Codes of Conduct in use is inconsistent due to the weak E and S capacity of some sector agencies at different levels (regional level, district level etc.) who are not familiar with the implementation of such instruments. • The Ghana legal framework does not recognize the rights to compensation for persons and entities who do not have a legal title to the land they occupy (including squatters and encroachers who may lose assets and/or their livelihoods). Compensation is overly focused on cash payments for replacement of land and assets, not restoration of livelihoods. The legal framework does not explicitly state that livelihoods should be restored to previous levels or better. • Lack of clear guidance and procedures to manage inclusion of vulnerable groups. Data on vulnerability profile (e.g., income levels, access to jobs) and how vulnerable groups are considered in jobs and businesses is lacking. Lack of gender mainstream strategies to facilitate inclusion of gender equity in Programs. Recommendations for Management of Key Social Gaps Identified • The E&S capacity and staffing of MoF, MOTI and allied agencies need to be improved. Social Development and Gender focal persons must be assigned to the main implementing agencies at all levels, and trained to undertake screening, planning, implementation, and monitoring of social dimensions of the program. • Environmental and Social Management and Monitoring Framework (incorporating a requirement to address impacts on vulnerable people and Gender-Based Violence (GBV); Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH); GRM; a template to facilitate screening and due diligence on Program-affected persons, physical and economic displacement, land donations for program activities) at the different levels should be formulated and implemented. • The government should consider developing a national occupational health and safety policy which could form the basis for the development of labor management procedure for the program • The Program should assign safeguards officers at all levels to oversee E&S risks management and to ensure they have the capacity to conduct appropriate assessments. There is the need to establish appropriate and transparent mechanisms for consultation, grievance redressal and documentation at all levels. Such mechanism should incorporate and define clear roles and responsibilities for existing mechanisms (including rural enterprise agencies). • Even though the program is not expected to trigger resettlement issues, there is the need for the existing procedures for resettlement to be strengthened to include restoration of livelihoods of project affected people. This could be done by coordinating with other schemes of the government at all levels, which focuses on income restoration. • Attention should be paid to groups vulnerable to hardship or who are disadvantaged, including the poor, the disabled, women and children, and the elderly. Improve capacity of implementing agencies in the identification of vulnerable groups and to consider their concerns in the design and implementation of activities under the Program. Special measures should be taken to promote equitable access to program benefits. 7 • The Program should include measures to ensure the Youstart Scheme strengthens its existing mechanisms to facilitate targeted social assistance to vulnerable groups. Within the context of addressing pre-existing barriers to registration and access to services by poor and vulnerable people, service improvements and potential adjustments to business registration fee and premium adjustments, the Program should strengthen the MoF, MOTI and allied agencies stakeholder consultation, grievance redressal and public communication capacity. Program Action Plan Following the recommendations above, the breakdown of actions to be included in the Program Action Plan (PAP) with indicative timeline, responsibility for implementation and indicators for measuring the completion of such actions are detailed in the Table 5. 8 CHAPTER ONE: PROGRAM DESCRIPTION AND SCOPE 1.1 Introduction Ghana’s difficult macroeconomic situation has further been compounded by two successive crises (COVID-19 and the war in Ukraine). The lockdown measures of COVID-19 and a sharp decline in commodity exports has contributed to elevated fiscal deficit and public debt stock. For example, as of end-of-June 2022, public debt reached 78.3 percent of GDP and interest payments reached 54.4 percent of revenues over the first half of the year. Also, inflation rose to 31.7 percent year-on-year (an 18-year high) in July 2022, from 12.6 percent at the end of 2021. The impact of soaring global commodity prices (Ghana imports 40 percent of its fertilizers from Russia) has been exacerbated by the depreciation of the Cedi which has so far lost its value against the dollar. A matrix of pre-existing and increasing vulnerabilities; amongst which are rising poverty and inequality rates, the lack of sufficient and quality jobs - particularly for Ghana’s growing youth population, despite increasing levels of education further makes the economic situation dire. Accordingly, the Government of Ghana (GOG) has defined a growth and jobs agenda which it is implementing through programs that address the need for more and better jobs, especially for youth. Expanding quality job opportunities will require improving market access and competitiveness of sectors with job creation potential. 1.2 Program Description 1.2.1 Government Program Ghana’s Medium Term National Development Policy Framework (MTNDPF), 2022-2025 articulates a development path that addresses challenges faced by youth, including through its private sector development focus areas. Specifically, the MTNDPF seeks to enhance a business enabling environment; improve business financing; support entrepreneurship and Micro Small Medium Enterprises (MSME) development. The government program, supported by the Jobs for Youth (J4Y), focuses on improving the performance of key value chains and enhancing youth entrepreneurship. Value chain support activities are being led by the Ministry of Trade and Industry (MOTI) and entrepreneurship support activities are mainly provided by the Ghana Enterprises Agency (GEA) and the National Entrepreneurship and Innovation Program (NEIP). Youth entrepreneurship support is being promoted under the umbrella of the Government’s YouStart initiative, which provides support to young entrepreneurs (18-40-year-olds) in establishing and growing their business. Under MOTI, the government program will consist of six thematic areas as outlined in the medium- term expenditure framework, namely: (i) management and administration; (ii) trade and development, (iii) business development; (iv) standardization and conformity assessment; (v) industrial development; and (vi) others. Specific objectives of the MOTI program (are described in the Medium-Term Expenditure Framework (MTEF). Promoting foreign and domestic investment as well as the facilitation of private sector growth feature prominently across all program activities. Under YouStart, the government program consists of the District Entrepreneurship Program (DEP), through which the GoG intends to support micro businesses, self-employed persons, rural enterprises, and entrepreneurs through NEIP and GEA1. The consolidated government program will cover all regions and districts in Ghana. 1.2.2 Scope of PforR Program The World Bank is proposing to support the GoG with a Program for Results (PforR) instrument in a program referred to as “Youth Employment and Entrepreneurship through Productive Sectors�. The PforR operation will support the development of the three priority sectors under the Strategic Anchor 1 MOF (Ministry of Finance). 2022. Policy Paper on the YouStart Programme. July 2022. https://mofep.gov.gh/sites/default/files/reports/economic/YouStart-Policy-Paper.pdf 9 Industries program (Automotive, Textile & Garments (T&G), and Pharmaceuticals) as well as the District Entrepreneurship Program (DEP) under YOUStart. The operation will run for five years and will cover interventions nationwide. It will focus on four results areas: (1) investment promotion; (2) export facilitation; (3) sector-specific skills training; and (4) youth-led enterprise promotion. The PforR beneficiaries include investors (both domestic and foreign) and their employees (of which 60 percent are estimated to be under 30 years of age), young graduates enrolled in industry-led training programs, young entrepreneurs between 18-40 years old (of which 50 percent will be women and 5 percent will include persons with disabilities) and their employees. The PforR will indirectly benefit the households that employees and entrepreneurs support through their additional wage incomes of business margins. Results area 1: Investment Promotion The PforR will support the implementation of sector policies, regulations, and standards. While an Automotive Development Policy was adopted in 2019, policies relating to Automotive Component Manufacturing, Textiles and Garments (T&G), and Pharmaceuticals are currently at various stages of development within MOTI. The PforR will support the adoption of these sector policies which will give an authorizing environment for MOTI and related agencies to implement support strategies and give a clear signal to investors on the direction of the sectors and related government support. As part of policy implementation, the PforR will support the amendment or adoption of the needed laws, regulations, guidelines, and standards (e.g., Customs Act2, income tax, etc.). In the automotive sector, the Ghana Standards Authority (GSA) has developed requirements and specifications for used and new vehicles, respectively (including environmental standards). As additional investments in automotive components are facilitated, GSA will need to develop new standards for specific components and put in place the testing capabilities to certify new components manufactured in Ghana. Similarly in Pharmaceuticals, the program will seek to promote Research & Development that would enable companies to expand the range of drugs they can manufacture (e.g., investments in bioequivalence capabilities at the leading public health research center3); the Program will also support the testing and certification of new manufactured drugs by the Food and Drugs Authority. The PforR will also support the definition and establishment of institutional and policy implementation arrangements in each sector. The Automotive sector will serve as an example to be followed in by the other two sectors: an automotive policy desk has been set up at MOTI, made up of a team of civil servants assigned to lead the related policy implementation. A representative of the auto desk sits on the Automotive Industry Development Council4, a Public-Private Dialogue (PPD) mechanism which consists of 19 representatives of both public and private sector stakeholders. The Council meets at the Automotive Development Center (ADC), a one-stop-shop for the coordination and delivery of automotive services, coordinated by a consultant recruited by MOTI and housed in a building owned by MOTI. The PforR will support the definition and implementation of clear governance and operational structures for the ADC to ensure sustainability. This will include Memoranda of Understanding (MOU) between MOTI and relevant government agencies that will be represented at the ADC (e.g., GSA, Environmental Protection Agency, Customs, Driver and Vehicle Licensing Authority, 2 The Customs Act includes sector-specific chapters 3 Noguchi Memorial Institute for Medical Research at the University of Ghana 4 The Automotive Industry Development Council has three main objectives: (i) promote the harmonious and integrated development of vehicle assembly, automotive components manufacturing, and their related trading activities in Ghana and externally, in collaboration with the key stakeholders in the industry; (ii) make recommendations to the government on the implementation of the Ghana Automotive Development Programme, including but not limited to the incentive and regulatory framework, access to industrial infrastructure, vehicle financing, training, technology upgrading, supplier development, and standards and safety; (iii) make recommendations to the government to speed up graduation of Original Equipment Manufacturers’ assembly plants from semi-knocked down and enhanced semi-knocked down to complete knocked-down assembly to increase local content in vehicle assembly. 10 etc.). The PforR will support the establishment of similar implementation, coordination, and PPD structures for T&G and Pharmaceuticals as well. The PforR will support the attraction of additional investments and commercial agreements in the three sectors. The ADC will also have the responsibility of investment promotion and facilitation. The “policy desks� to be established for T&G and Pharmaceuticals will have similar responsibilities as well. This will require conducting scoping missions, organizing investor roadshows, collecting data and market intelligence, and having a continuous engagement with existing and potential investors as well as the institutions that have a role to play in investment facilitation (e.g., Ghana Investment Promotion Center, Ghana Free Zones Authority, industrial park developers, etc.). In promoting investments, government has a role to play in facilitating trade and purchase agreements between existing/new investors and buyers in new markets to take advantage of economies of scale (e.g., trade agreement with neighboring countries for auto component or pharmaceutical exports, MOU between buyers and garment manufacturers, etc.). Results area 2: Export Facilitation The PforR will support access to export markets for existing firms to help expand the availability of salaried jobs for young workers. The PforR will support an export-readiness program in the form of technical assistance to selected garment companies to help them meet the compliance requirements for accessing the export market (both quality standards and environment, social, and governance compliance). This will be based on a detailed procedures manual that will define the eligibility/selection criteria for beneficiary firms as well as the type and delivery mechanism of the technical assistance. Similarly, in Pharmaceuticals, the PforR will support a Good Manufacturing Practices (GMP) compliance program to enable companies to meet World Health Organization (WHO) GMP requirements, which expands access to export markets as well as to WHO sourcing. The PforR will also facilitate linkages between exporting firms and smaller suppliers. The PforR will also support a supplier development program to enhance linkages between garment manufacturing companies and smaller manufacturers (outsourcing agents) as well as suppliers of goods and services (e.g., equipment, repair and maintenance, embroidery, etc.).. This is expected to benefit from linkages with entrepreneurs supported under Results Area 4. As part of improving competitiveness, as well as to contribute to climate change adaptation and mitigation goals, the PforR will support firms’ transition to renewable energy sources. In the three sectors of focus, especially in T&G and Pharmaceuticals, existing firms mention the high cost of energy in Ghana (especially as a percentage of their overall production cost) as a key hindrance to their performance. The PforR will support the transition to renewable energy sources for selected firms following an energy audit supported under the program. Detailed procedures for the selection of firms and the type of support provided will be defined and included in an implementation manual. Results area 3: Sector-specific Skills Training The PforR will support industry-led skills development to close the skills gap and improve workforce readiness for youth. This is particularly important in automotive and pharmaceuticals where specialized skills are required. As part of the ADC, there are plans to set up a skills training center offering short- term courses for graduates of relevant secondary and tertiary educational institutions in areas such as auto repair and maintenance, technical skills, factory skills, etc. The PforR will support the development of the governance and operational model for the skills training center within ADC as well as the preparation of operational manuals defining the curriculum, staffing, student capacity, fee structure, etc. This work will closely involve private sector stakeholders in the governance of the training center, design and delivery of training, and placement of graduates. The PforR will also support the establishment and launch of the skills training center, including the acquisition of needed equipment, initial operational costs, etc. It is expected that in its first year of operation, the skills training center will enroll and graduate two cohorts of 200 students each following six-month training courses. Specific 11 eligibility and screening criteria for student enrollment will be developed, including targets for the percentage of female students. Results area 4: Youth-led Enterprise Promotion The PforR will support the DEP under the Government’s flagship YOUStart program, as part of GOG’s Business Development and Promotion results area of the industrial transformation agenda. The GHC10 billion YOUStart program was announced in the 2022 budget statement with the objective of supporting the creation of 1 million jobs in three years (2022-2025) and consists of three models: (i) YOUGrace; (ii) District Entrepreneurship Program (DEP); and (iii) Commercial Model. The PforR will finance part of the DEP, which will provide a combination of training and capacity building support, Business Development Services (BDS), access to markets and technology, and business grants to young entrepreneurs, especially for businesses or start-ups that can benefit from the growing demand in selected value chains supported under Results Area 1-3. Eligibility, Screening, and Selection Three categories of youth-owned businesses will be eligible for support under the interventions supported by PforR Results Area 4. They are: (i) idea/early-stage businesses; (ii) existing businesses; and (iii) associations or group-owned businesses. For (i) and (ii), the business owner will need to be between the ages of 18-40 to be eligible for support. For (iii), all the executive members of the groups/associations will need to be between 18-40. Applicants will need to provide proof of a digital address in Ghana and a Ghana card number.5 A “funnel� approach will be used to provide light-touch training and mentoring support to a larger group of youth entrepreneurs while appropriate screening mechanisms will be applied to provide more extensive business development services, business grants, and access to markets and technology for select young entrepreneurs and youth owned MSMEs.6 Applications will be solicited using the YOUStart technology platform. The platform is designed to be a comprehensive technology solution that covers the end-to-end process of application, screening, classification, assessment and disbursement, and monitoring and reporting pertaining to the YOUStart program, and a vehicle through which the program intends to provide funding and technical support to the youth-led businesses to assist them to start, build and grow their businesses. Additional details on the screening process of the DEP supported by Results Area 2 will be outlined in the Program Implementation Manual (PIM). The Program addresses gender related gaps in the labor market in four ways: (i) According to the 2021 Population and Housing Census (PHC), 22.3 percent of females aged 15-35 in Ghana were unemployed compared to 17.4 percent of males.7 By providing a coordinated package of interventions (training, BDS, access to finance) to select entrepreneurs and by supporting a sector like T&G which predominantly employs women, the Program will actively facilitate the entry and emergence of female entrepreneurs in the labor market. The skills development initiatives supported by the PforR will also have explicit targets for women in terms of enrollment. (ii) Similarly, and among those employed, the 2021 PHC reveals that 56.2 percent of Ghanian females aged 15-35 are self-employed without employees compared to 47.1 percent of 5 The digital address is a composite of the postcode (region, district & area code) plus a unique address generated by a web application called GhanaPostGPS, sponsored by the Government of Ghana and developed by Vokacom to develop a unique digital address for every 5 square kilometer location in Ghana. 6 The Economic Linkages for Diversification (EL4D) project (P171664) in Mozambique is following such a tiered approach to strengthening the performance of firms by developing upstream linkages with large corporates in the lagging regions of the country. The three stages of interventions are as follows: (i) stage 1 offers a variety of firm capabilities’ training and mentoring; (ii) stage 2 focuses on quality standards and procurement processes for about 30 percent of those supported in stage 1; and (iii) stage 3 facilitates linkages of upstream suppliers with larger firms and offers matching grants to up to 10 percent of the firms initially supported. 7 2021 Population and Housing Census. Volume 3E. Available at: https://statsghana.gov.gh/gssmain/fileUpload/pressrelease/2021%20PHC%20General%20Report%20Vol%203E _Economic%20Activity.pdf 12 Ghanian males in the same age-group. Self-employed male youth are 7 times more likely to own a laptop, 9 percentage points more likely to have a cell phone, and more than twice as likely to have ICT skills compared to self-employed females.8 The DEP supported under the PforR will target at least 50 percent women across all interventions, including to support existing women-owned businesses, and address critical gaps in inputs and training available for female entrepreneurs. (iii) Women’s time poverty and lack of childcare present unique challenges to women’s livelihood opportunities in Ghana. A typical Ghanaian woman works on average 13 hours per day, of which only 39 percent is paid work, meaning most work is unpaid, and childcare accounts for more than 20 percent of the unpaid work.9 To address this gap, the Program will provide childcare services to women applicants who are selected for industry-led skills training and entrepreneurship training under the DEP. Additionally, in selecting proposals for financial and more extensive business development support, proposals that seek to provide childcare through entrepreneurship will be prioritized. (iv) Through support to exporting firms to meet environment, social, and governance compliance standards, an area of focus would also include a code of conduct on gender- based violence and harassment with a related grievance mechanism at the workplace. The PforR will include Climate Co-Benefits (CCB). Climate change adaptation and mitigation will be mainstreamed across all the interventions supported by the Program. Under Results Area 1, the PforR supports the transition to vehicles with higher carbon emission standards and will support compliance of firms with stringent environmental and social standards for exports as well as the transition of some firms to renewable energy sources. Under Results Area 2, the PforR will support firms to transition to more efficient and cleaner forms of energy sources. Under Results Area 4 and in providing training to youth entrepreneurs, the curriculum will include modules on promoting climate resilience and adoption of climate-smart practices, as well as measures to reduce pollution and Greenhouse Gas emissions under Program-supported activities. Proposals that promote climate resilient practices will be prioritized for the more extensive business development services and financial support. As relevant, a portion of the grant will also be assigned for the purchase of needed tools and equipment that are energy-efficient and climate-smart technologies from certified technology suppliers. The PforR support has been designed through extensive Citizen Engagement In developing and implementing sector policies, MOTI has set up PPD mechanisms to ensure private sector stakeholders representing all actors in any given value chain are heard and engaged. Similarly, in defining the World Bank support, stakeholder consultation and validation workshops as well as multiple focused group discussions were conducted with relevant stakeholders. As part of designing the YOUStart program, extensive consultations have been held across the country including with civil society organizations (including those representing women and persons with disabilities), industry associations, ministries, departments, and agencies (MDAs), and the media. The government has also drafted a communication and outreach strategy to ensure all stakeholders, including potential program beneficiaries, are kept in the loop regarding program implementation modalities. A dedicated third-party will be engaged under the Program to collect data from a sample of Program beneficiaries and non-beneficiaries, including on indicators related to Program satisfaction level. The PforR contributes to enabling private capital The project is designed around the principle of Maximizing Finance for Development, whereby the private sector takes the lead in investment and IDA and public resources are used to catalyze private investments by improving the policy environment and the provision of public or common goods. The project will focus on three value chains that have indicated the intention to invest over US$300m over the project period of 5 years. 8 XXSourceXX 9 OECD Development Centre. 2014. Unpaid Care Work: The missing link in the analysis of gender gaps in labour outcomes. 13 1.2.3 Program Development Objective (PDO) and PDO Level Indicators The PDO is to facilitate investments and exports in selected sectors, improve sector-specific skills, and promote youth entrepreneurship. The PDO will be measured using five PDO indicators and intermediate results indicators. The PDO indicators are highlighted below. (a) Private investments facilitated (b) Number of firms with new commercial relationships (c) Percentage of graduated skilled youth in employment (d) Percentage of youth-owned enterprises still in operation six months after completion of the DEP (e) Number of additional employees in youth-owned enterprises one year after the completion of the DEP 1.3 Program Implementation and Institutional Arrangements 1.3.1 Institutional and Implementation Arrangements The institutional and implementation arrangement for the PforR will draw on the experience and lessons from existing institutional structures of IDA-financed projects to ensure comprehensive representation and smooth coordination. MoF has demonstrated capacity for coordinating IDA-financed projects, particularly PforRs such as the Ghana Public Financial Management for Service Delivery Program (P176445). The MOTI is currently an implementing agency of the Ghana Economic Transformation Project (P166539). The Ghana Enterprise Agency (GEA – an agency of MOTI) is an implementing agency of the Ghana Economic Transformation Project - P166539; Ghana Jobs and Skills Project - P166996; Ghana Tourism Development Project - P164211; and the Ghana Digital Acceleration Project- P176126. MOF’s Financial Section Division (FSD) will constitute a Secretariat which will have the overall responsibility for implementing the IPF Component as well as results verification and reporting for the PforR program. The institutions responsible for implementing the PforR program are MOTI, GEA, and NEIP. The Secretariat will be responsible for: (a) preparing a comprehensive Monitoring and Evaluation (M&E) framework as well as the Communication Strategies; (b) consolidating periodic reports (quarterly, bi-annual, and annual progress reports) for submission to the Steering Committee for approval before submission to the World Bank; and c) implementing the IPF component. The Secretariat will be headed by the Financial Sector Division Director and will include dedicated staff and consultants to be recruited under the IPF component. The experts will include Procurement, Environmental and Social (E&S), M&E, and Communication specialists. The procurement specialist is responsible for all procurement activities under the IPF component. The M&E Specialist is responsible for maintaining a functional M&E system, including (i) operationalizing a comprehensive results framework; (ii) coordinating the M&E inputs from the implementing institutions; (iii) developing a comprehensive DLI protocol and periodically updating the DLI table to reflect achievements; and (iv) supporting the M&E leads within the implementing agencies to undertake their respective activities and link up with the overall M&E system of the PforR program. The E&S Specialists will provide support and guidance to the implementing agencies, including advising on instruments, reviewing of Terms of Reference and reports and ensure adherence to the national E&S requirements. The MOF financial management team will complement the Secretariat and will support the accounting leads in the financial management and accounting for IDA resources. 14 Figure 1. Institutional/Implementation Arrangement 1.3.2 Results Monitoring and Evaluation The MOF through the Secretariat is responsible for the overall results monitoring and evaluation of the PforR. As such, the M&E specialist in the Secretariat will ensure a robust M&E system is in place and will also lead in developing manuals and reporting templates, which will be included in the Project Implementation Manual (PIM). In particular, the M&E system in the Secretariat will ensure alignment with the M&E deployed by the YOUStart Secretariat to facilitate the timely sharing of data and reports. The PforR will explore and use various evaluative approaches to systematically assess the overall progress of the program, including its relevance, effectiveness, efficiency, sustainability and impact. At a minimum, the program will conduct baseline and end line evaluations to help ascertain the before and after situation of the program’s intervention. Furthermore, the evaluations will help track progress by triangulating both quantitative data and qualitative information. This will be further complemented by the monitoring data collected regularly by the M&E teams in the implementing agencies and Secretariat. A Mid-Term Review (MTR) will be conducted within 30 months of program implementation to assess progress and make any adjustments during implementation. The information generated will be shared with the POC, the World Bank, and other stakeholders at all levels. The project will also identify opportunities to conduct impact evaluations, particularly under results area 2; youth entrepreneurship. 1.3.3 Disbursement Arrangements 15 Disbursements for the PforR will follow the World Bank’s Policy and Directive on PforR. The MOF and the implementing agencies will pre-finance the PforR program expenditures using their own resources. Upon verification of an achieved Disbursement Linked Indicator (DLI), the MOF will communicate the DLI achieved to the World Bank with requisite evidence described in the DLI verification protocol. An Independent Verification Agent (IVA) that will be hired by the Secretariat will conduct a thorough verification of the evidence provided in respect of the achieved DLI. Following the World Bank’s acceptance of the verification report by the IVA and accompanying documentation, the MOF will submit a withdrawal application to the World Bank for the DLI-linked amount to be disbursed. Some of the DLIs are scalable, with funds to be disbursed in proportion relative to the results achieved. Where actions are not achieved in any particular year, the allocated amount will be carried over to the subsequent year. If targets are reached before deadlines, disbursement may be made earlier after clearance from the World Bank. The MOF will administer the funds and allocate to the implementing agencies based on the achievement of DLIs as well as the cash flow needs of Secretariat and implementing agencies. An advance per cent of the credit amount will be made at Program effectiveness based on the request of MOF. This advance will allow the Program to initiate its activities and achieve prior year and year 1 DLIs. The advance will also mitigate the lack of funding due to the constrained macro-fiscal situation in Ghana. Additionally, a few prior results have been built into the PforR, when achieved, will ensure the availability of funds for program implementation. 1.3.4 Capacity Building Institutional capacity building and strengthening are crucial to the effective implementation of the PforR. Capacity-building measures, mostly initiated through the IPF component will include support to the implementing agencies, namely MOTI, GEA and NEIP, to support them to achieve DLIs under their respective result areas (ii) conduct effective results M&E; and (iii) gender, environment, climate change and social safeguards, among others. 1.4 Excluded Activities or Negative List The Program will exclude activities that do not meet the World Bank’s Policy on eligibility for PforR financing (September 2020). The borrower shall ensure that the Program excludes any activity which, in the opinion of the World Bank, are likely to have significant adverse impacts that are sensitive, diverse or unprecedented on the environment and/or requires significant land acquisition, displacement and or resettlement of affected people. The Program will not support resource mobilization to any kind of civil work activities which will have any significant environmental, social or cumulative impact on natural habitat and public and workers’ health and safety. 1.5 Scope of the Environmental and Social Management System Assessment (ESSA) This ESSA examines the extent to which the Government of Ghana’s (GoG’s) existing environmental and social management systems could guide environmental and social risks and impacts assessments, mitigation, management and monitoring of E&S risks and impacts of the PforR Program. It evaluates how the systems incorporates recognized elements of good practice in environmental and social assessment and management, via due diligence including: (i) early screening of potential impacts; (ii) the consideration of strategic, technical, and site alternatives (including the “no action� alternative); (iii) explicit assessment of potential induced, cumulative, and transboundary impacts; (iv) the identification of measures to mitigate adverse environmental or social risks and impacts that cannot be otherwise avoided or minimized; (v) clear articulation of institutional responsibilities and resources to support implementation of plans; and (vi) responsiveness and accountability through stakeholder consultation, timely dissemination of the PforR Program information, and responsive grievance redress mechanisms; 16 among others. Relative to ESSA findings, defined measures would be made to strengthen the systems and also the needed recommendation measures made available for integration into the overall Program. This ESSA has been prepared for Ghana Jobs for Youth program to ensure consistency with the “six core principles� outlined in the World Bank’s policy for the PforR instrument to effectively manage the Program’s risks and impacts while promoting sustainable development. The six core principles are: 1) Environment: To promote environmental and social sustainability in the Program design; avoid, minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts. 2) Natural Habitats and Cultural Resources: To avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. 3) Public and Worker Safety: To protect public and worker safety against the potential risks associated with: (a) construction and/or operations of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. 4) Land Acquisition: To manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards. 5) Vulnerable Groups: To give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups. 6) Social Conflict: To avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. 1.6 Objectives of this ESSA The specific objectives of this ESSA are to: ▪ Identify the potential environmental and social impacts/risks applicable to the Program’s interventions. ▪ Review the relevant policy, legal and regulatory frameworks of the GoG related to the management of environmental and social risks and impacts via due diligence in line with the six core principles. ▪ Review the environmental and social due diligence and management procedures and institutional responsibilities proposed by the GoG for the Ghana Jobs for Youth through Competitiveness and Entrepreneurship Program. ▪ Assess the institutional capacity within the implementing institutions including the MOF, MOTI, GEA and NEIP, focusing on E&S management of the Program. ▪ Assess the Program’s system performance with respect to the core principles of the PforR instrument as well as to identify gaps in the Program’s performance. ▪ Recommend actions to fill gaps identified that will be embedded into the Program Action Plan (PAP) to strengthen the Program’s performance with respect to the core principles on E&S management of the PforR instrument to ensure sustainable implementation. 1.7 Approach of ESSA The ESSA has been prepared by World Bank team via a combination of detailed reviews of existing program materials, available technical literature, including government policies, regulations, guidelines and examples of due diligence and design documents, field visits, virtual interviews and extensive consultations with government staff, non-governmental organizations, regulatory agencies, private sector organizations and sector experts associated with MOTI, GEA and NEIP. The findings, 17 conclusions and opinions expressed in the ESSA are those of the World Bank based on the analysis conducted. An environmental and social risk screening of the proposed activities was undertaken at the concept stage to: • Confirm that no activities which met the defined exclusion criteria are included in the PforR in line with the Bank Guideline for the ESSA; and • Establish the initial scope of the ESSA. This includes identification of relevant systems under the PforR and relevant stakeholders for engagement and consultations. The Program includes an Investment Project Financing (IPF) component that would finance technical assistance (TA). Including financing the recruitment of staff and technical experts to support program coordination and implementation; strengthening of Monitoring and Evaluation (M&E) systems and capacity building of M&E teams; the preparation of studies that would inform program interventions; the preparation of detailed implementation manuals; and the recruitment of an IVA to validate the achievement of Disbursement Linked Results Following the initial screening, the system review was conducted using the following approach which is presented in the respective Chapters in detail: ▪ The identification of relevant systems that are pertinent to the ESSA was conducted via a review of the Program, the country’s Environmental and Social due diligence systems and nature of activities supported via the program. ▪ In line with the program and its proposed interventions, the associated E&S risks were identified and are presented in Chapter 2 ▪ An assessment of GoG’s environmental and social management systems applicable to MOTI, GEA, NEIP and their consistency with the Core Principles, including capacity and enforcement of certain environmental and social measures, was conducted and presented in Chapter 4 ▪ Chapter 5 presents an overview of relevant environmental and social management systems of the country and the assessment of this system in line with the core principles. ▪ The environmental and social recommendations that are to be incorporated into the Program as due diligence to ensure sound implementation and management with the core principles is presented and addressed in Chapter 6. 18 CHAPTER 2: DESCRIPTION OF POTENTIAL PROGRAM ENVIRONMENTAL AND SOCIAL IMPACTS This Chapter discusses the benefits and potential adverse E&S risks and impacts that may be associated with the Program. The assessment considered the nature of activities proposed under each result area, the potential magnitude of E&S impacts and the sensitivity of the environment where project activities will take place. 2.1 Expected Environmental and Social Benefits Policy enhancement and promotion of investment The PforR Program will support the development of three priority sectors under MOTI’s Strategic Anchor Industries program as well as the DEP under YOUStart. The operation will cover interventions nationwide and will support the enhancement of the policy environment and investment promotion (Result Area 1) and export facilitation (Result Area 2) for the Automotive, Textiles and Garment, and Pharmaceutical Sectors. Ghana’s updated Nationally Determined Contribution (NDC) under the Paris Agreement (2020-2030) identifies 19 policy actions comprising 13 adaptation and 34 mitigation measures as part of a national strategy to build a resilient society that can adequately withstand the impacts of climate change and contribute to mitigating global emission. Of the 19 policy actions, this PforR program will contribute towards three (3) of them namely: (a) promotion of energy efficiency in homes, industry, and commerce; (b) sustainable production in industry; (d) scale-up renewable energy penetration by 10% by 2030. Enhancement of youth employability skills The PforR Program will also enhance sector-specific skills (Result Area 3) of young graduates to-be enrolled in industry-led training programs (of which 30 percent will be women). Job creation and economic transformation The PforR will equally finance part of the DEP, which will provide a combination of training and capacity building support, Business Development Services (BDS), access to markets and technology. The Program’s finance to DEP will include provision of business grants to young entrepreneurs, especially for businesses or start-ups that can benefit from the growing demand in selected value chains supported under Results Area 1-3. Ultimately sustainable and quality businesses and jobs which are to be realized will have positive environmental and social impacts. Better firm transition to renewable energy options The Program will support transition to renewable energy sources for selected firms following an energy audit to be supported under the Program. For example, in the T&G and Pharmaceuticals industries, the Program will explore and support initiatives on renewable energy to help cushion them against the current high cost of energy in Ghana (especially as a percentage of their overall production cost). Detailed procedures for the selection of firms and the type of support provided will be defined and included in an implementation manual Improved Environmental Footprint of industries The setting up of the skills training center with provision of necessary modern efficient equipment and human capacity will contribute towards reducing poor environmental practices such as automotive oil disposal. The proposed support for the transition to renewable energy sources for selected firms following an energy audit under the program will help reduce the use of conventional energy sources (e.g., diesel-based generators which is common in smaller firms) across the country. This will help reduce the associated greenhouse gas (GHG) emission and climate impacts. 19 2.2 Expected Environmental and Social Risks and Impacts The Program will generate some adverse E&S risks and impacts which will require better management throughout the life of the Program. For instance, the program actions associated with Results Areas 1- 4, such as support for Research & Development to enhance range of manufactured drugs, market expansion for existing firms, etc. might require connection of investments to major utilities services such as electricity, water and telecommunication services which are often associated with environmental, social, health and safety issues. Similarly, the proposed enhancement of sector-specific skills and facilitating the emergence and growth of youth-led businesses (with gender and disability considerations) could have varying potential environmental and social risks and impacts. These risks and impacts have been assessed to be moderate, largely localized and could be easily mitigated. as discussed below. 2.2.1 Anticipated Environmental Risks and Impacts (A) Risks and Impacts Associated with the Automotive industry The manufacture of motor vehicles involves the manufacture and assembly of the final product from a number of metallic, plastic and electrical components. A wide range of processes are involved including metal cutting, pressing, polishing, grinding, welding, plating, & painting. The assembly of motor vehicles can potentially create a number of E&S risk issues. Most of these risks are associated with harmful substances, which are used during the manufacturing process as well as hazards arising from waste and emissions. These risks and impacts are discussed below: Air emissions Most of the emissions to air generated during motor vehicle assembly are volatile organic compounds (VOCs) emitted from painting and finishing operations (paint storage, mixing, applications, and drying). The emissions are primarily organic solvents, which are used as carriers for the paint and solvents used for cleaning equipment between color changes and to clean spray booths. Also, vehicle assembly generates indirect greenhouse gas emissions through the use of its final products, and specifically through the combustion of fossil fuels. The transport of products by road can also be a significant issue and generate GHG emissions through traffic congestion. Many of these emissions may be harmful to the environment as well as health. Dust created in the process can be inhaled and cause respiratory diseases including asthma in employees. Dust, vented fumes, smog caused by particulates, and odors can be a nuisance to industrial activities. Ghana’s standards for Environment and Health Protection – Requirements for Ambient Air Quality and Point Source/Stack Emissions (GS 1236) in 2019, and Motor Vehicle Emissions (GS 1219) in 2018, published by the Environmental protection Agency (EPA) of Ghana are to be complied. Accordingly, firms should consider among others, the use of alternative or low VOC coatings/paints; capture and concentrate VOC emissions (e.g. with activated carbon); implement a Solvent Management Plan to monitor and control the use of solvents on site; install or upgrade abatement technology to minimize exposure to hazardous substances and to control the release of emissions, e.g. enclosure of equipment, use of appropriate ventilation with filters, gas balancing systems; monitor indoor air quality and use signage where there are elevated levels of emissions and personal protective equipment (PPE) is required; implement a formal Leak Detection and Repair (LDAR) program for equipment, and where necessary, replace with higher quality items any equipment which generates significant fugitive emissions. Production of Hazardous materials Hazardous chemicals and processed gases may be used in the assembly process of motor vehicles. Hazardous properties relating to these substances are many and varied and include flammability, combustion potential, toxicity, corrosive potential and oxidizing potential. Chemicals with such properties should be labelled with the appropriate internationally recognized hazard symbol. Some chemicals may only have hazard potential if they can react with other compounds. Inadequate control or accidental releases of hazardous substances on site or in transit may result in significant environmental impacts in relation to soil, groundwater and surface water contamination and occupational health and safety (e.g., disposal of empty drums and packaging of fuel and chemicals). 20 The described risk can be managed through substitution of hazardous chemicals such as solvent based paints with less hazardous alternatives; labelling chemicals with appropriate, internationally recognized, hazard symbols; storing chemicals in a dedicated, enclosed and secure facility with a roof and a paved/concrete floor; completely containing chemical tanks within secondary containment such as bunding; install devices to prevent spills and overfills, e.g. alarms to warn of overfilling and automatic shut- off devices or a secondary spill containment; maintaining and inspecting storage units regularly and consideration for the installation and use of groundwater monitoring points on site to check for contamination as well as implementing a Solvent/Hazardous Materials Management Plan to monitor and control the use of solvents and hazardous materials on site. Solid wastes Solid waste may arise from several sources during assembly and most waste by volume results from packaging - reusable or disposable. Reusable packaging covers metal racks, bins and containers and disposable packaging covers wood pallets, cardboard, plastic, polystyrene, and polythene film. Other solid wastes include scrap metal from the press shop, which is normally recycled off-site, metal-rich dust generated by the abrasive disc smoothing of welds and soldered joints, sludge generated by wastewater treatment facilities of equipped vehicle manufacturing plants and additional wastes arising from general operations, cleaning and maintenance and the disposal of faulty equipment and parts. Improper disposal of waste can lead to pollution and ground contamination. Ghana has good legislation and policies on solid waste such as the Hazardous and Electronic Waste Control and Management Act (Act 917) of 2016; National Environmental Policy of 2012; National Solid Waste Management Strategy of 2020; Revised Environmental Sanitation Policy (2010) etc. which prescribe adequate measures that could address the potential solid waste impacts associated with this program. The overall environmental compliance of the Solid Waste Management (SWM) sector is regulated by the Environmental Protection Agency (EPA), whereas the day-to-day oversight and monitoring of service delivery is provided by the Metropolitan, Municipal and District Assemblies (MMDAs), while Regional Coordinating Councils (RCCs) have coordinating responsibility. Other ministries with direct and indirect involvement in SWM are MLGRD, MESTI, and the Ministry of Works and Housing. The EPA permitting requirements (LI 1652 of 1999) will require factories to implement solid waste management measures and submit annual environmental management reports. Notwithstanding these measures, it is recommended that factories consider returning packaging of hazardous and non- hazardous materials (wherever possible), such as empty drums, to supplier for reuse, recycle packaging wherever possible and developing and implementing a waste management plan covering all aspects of waste treatment on site. Wherever possible, priority should be given to reduction of waste generated, and recovery and re-use of raw materials. Production of wastewater Under normal conditions, there should be no emissions to sewer or waters from vehicle coating and refinishing operations using solvent coatings. The new trend towards use of waterborne paints may result in some discharge to sewer, but pre-treatment will be required and authorization to discharge to sewer or waters must be obtained in advance from regulating authorities. The source of such emissions would be waterborne paint gun washes and spray booth wash waters. Emerging treatment for such wastewater is chemical flocculation followed by filtration or sedimentation. There are several areas with the potential to contaminate water via accidental discharge to drains and sewers or onto ground. These include gun wash within the paint gun cleaning unit, residues from solvent-containing paint, waste gun cleaner or dirty water from wet filters (where used). There should be no open drains or sinks where solvent materials are being handled or stored. Other liquid waste includes paint overspray caught by emissions control devices and unused paint. Local communities and the environment may be affected by pollution due to discharge of untreated wastewater. The toxins in such water may affect local ecology and pose a hazard to drinking water supplies and contaminating land. Firms should among others; minimize the consumption of water used in production processes and equipment cleaning, consider upgrades to wastewater treatment facilities, Recycle wastewater where possible, e.g. certain solvent wastes such as gun wash can be sent for recovery and reuse in another application where these facilities are available and ensuring that, untreated wastewater does not discharge to watercourses through use of wastewater treatment facilities and monitoring of wastewater discharges. 21 Energy consumption Motor vehicle assembly plants use energy throughout the plants for many different end-uses. The main energy types used on-site are electricity, gas and compressed air. Paint shops are major energy consumers. Energy is used to condition the air for the painting and drying steps, treatment of emissions and ventilation. Some forms of energy production are damaging to the environment, such as the production of carbon dioxide from fossil fuel combustion. Energy security and energy price fluctuation are a concern. Firms should improve thermal efficiency of heating equipment to minimize heat loss, monitor and target energy usage and implement behavioural change programmes and consider opportunities to switch to cleaner fuels or renewable energy sources. Occupational Health and Safety (OHS) Chemicals involved in the motor vehicle assembly may have a wide range of hazardous effects, including toxins, carcinogens or highly corrosive upon skin contact. Direct skin and eye exposure to and/or inhalation of hazardous chemicals can result in health impacts for workers. Prolonged exposure over years can induce chronic health effects. Substances to be aware of include: • Coating powder: Some components of coating powders can cause irritation of lungs, eyes and skin and allergic skin reactions. They can also cause long-term health effects or asthma; • Curing agents: Some curing agents may damage genetic material, which could cause some diseases including cancer and impaired fertility; • organic solvents: The most used solvents for degreasing are chlorinated solvents such as trichloroethylene, dichloromethane (methylene chloride) and perchloroethylene. These substances may be harmful to health, if inhaled; • Polychlorinated Biphenyls (PCB) & Asbestos: PCBs are a group of substances which are good electrical insulators. Typically, PCBs may be present as constituents of hydraulic oils or dielectric fluids in electrical switchgear, transformers, and fluorescent light starters. PCBs are extremely toxic. Other related OHS risks are discussed as follows: • Noise: Noise may reach levels that are hazardous to health, leading to symptoms associated with permanent deafness. Noise, particularly during unsocial hours, may cause annoyance or disruption to local communities; • Machinery: Moving parts of machinery can result in entanglement and entrapment leading to injuries; • Manual handling and repetitive work: Lifting and carrying heavy or awkwardly shaped objects, such as bags, can result in manual handling injuries; • Slips, trips and falls: These are primarily caused by uneven surfaces, inappropriate footwear, poor lighting, weather conditions, trailing cables and pipe work, especially during unblocking, maintenance and cleaning activities. • Fire: The modern manufacturing and assembling processes in automotive factories present unique fire hazards, from handling flammable liquids to testing batteries. Heat generated by the equipment in these areas, as well as flammable liquids, make these spaces susceptible to fires. • Chemical: Exposure to a wide range of industrial chemicals including heavy metals, contained in brake fluids, degreasers, detergents, lubricants, metal cleaners, paints, fuel, solvents, etc., resulting in various forms of chronic poisoning: Skin diseases and conditions, Eye irritation, dizziness, nausea, breathing problems, headaches, asbestosis and mesothelioma caused by asbestos dust from brake drum cleaning and processing, hematological changes as a result of exposure to solvents, such as benzene and its homologues, toluene, xylene, etc. Notable action that should be instituted include (a) provision of personal protective equipment (PPE) that is fit for the task to prevent injury and maintain hygiene standards; (b) training of staff in the correct 22 selection, use and maintenance of PPE, and put in place measures to encourage/ mandate its use; (c) implement a programme of assessment of routine monitoring of worker health; (d) conduct a noise survey and mark out dedicated areas with signage where there are elevated noise levels, limit scrap handling and transport during unsocial hours to reduce noise; (e) train workers in correct use of machinery and safety devices, avoid direct handling of sharp edged items and/or remove sharp edges by machining; (f) ensure that walkways are constructed of non- slip materials and route cables and pipework under walkways; (g) implement a grievance/dispute resolution mechanism for workers; (h) prepare Disaster/Emergency and Fire Risks Management and Response Plan and conduct regular drills and (i) remove friable asbestos and PCBs using licensed contractors. This should be done in controlled conditions to ensure there is no release of substances or materials to the environment. (B) Risks and Impacts Associated with the Textile and Garment (T&G) Industry Waste generation The expansion and growth of the garment and textile industry means an increase in the production of textile fibre. This increase, together with the current consumption will lead to the generation of additional amounts of garment and textile waste. Also, the recycling rate for textile waste in Ghana is very low thus most waste products discarded end up in landfills, water ways and environment. Most are also transformed into other lower value items such as rags, insulation or filler material and a lesser percentage is recycled into new fibre. There is the need to ensure the compliance of standards. It will not be enough to ensure the selective collection of garment and textile waste, but the need for research and development of technologies that enable the recycling of the fibres with the aim of maintaining their value for as many cycles as possible. Impacts associated with the use of chemicals Chemicals are used in all textile production processes, from fabric preparation and bleaching to finishing. The production of raw materials, spinning them into fibres, weaving fabrics and dyeing require enormous amounts of water and chemicals, including pesticides for growing raw materials such as cotton. Consumer use also has a large environmental footprint due to the water, energy and chemicals used in washing, drying, and ironing, and to microplastics shed into the environment. Importantly, less than half of used clothes are collected for reuse or recycling when they are no longer needed, and only marginal percentage are recycled into new clothes (technologies that would enable recycling clothes into virgin fibres are only starting to emerge). To address these issues, new business models should be developed through the program for designing products in a way that would make re-use and recycling easier, promoting the use of ecological and sustainable raw materials, and a holistic behaviour change communication steering consumer behaviour towards choosing more sustainable options. At the legislative and regulatory level, the use of permitted chemicals should be well controlled as the pollution load of some of the chemicals is still a major problem, especially for water treatment. Hence, the development of technologies to reduce chemical consumption, and generate as low a pollution load in effluents as possible, is critical. Greenhouse gas emissions (carbon footprint) The Textile and Garment industry contributes significantly to global carbon emissions. To help reduce these impacts, the Program should promote standards and practices that incentivize firms to obtain certifications that accredit good practices and specific training in sustainability and circular economy. Also, companies should be supported to reduce their costs and implement new sustainable business models. High water consumption (water footprint) and associated water pollution and the emission of micro-plastics Textile production uses a lot of water, as well as land to grow cotton and other fibers. Also, the dyes and finishing products used in textiles are responsible for drinking water pollution. The laundering of synthetic materials releases million tonnes of microfibers each year, which end up in the waterbodies and subsequently into the oceans. At the legislative and regulatory level, the use of permitted levels of water use should be well controlled and waste management protocols ensured. The development of 23 technologies to reduce water consumption and generate as low a pollution load in effluents as possible, is critical. Occupational Health and Safety Improper operations, non-alignment to standards and improper collection and disposal of waste as per national guidelines and norms could cause health and safety concerns for the workers, beneficiaries, and communities. Different exposure rates to waste (all types) can lead to the spread of infection and disease if not adequately segregated at source, contained, treated, and disposed. Staff of the firms should also be trained on health and safety measures, sound and safe operation of equipment and management of situations such as health-related issues to curtail the potential risks of accidents, disease and infection spreading. (C) Risks and Impacts Associated with Pharmaceuticals Pharmaceuticals can enter the environment throughout their life cycle, example during production, transportation, storage, handling etc. and have a negative impact on human, animal, and environmental health. They can drive the development of antimicrobial resistance (AMR) and have harmful effects on ecosystems. Residues of several pharmaceuticals have been found in surface and ground waters, soils and animal tissues at concentrations depending upon the pharmaceutical and the nature and proximity of sources. Certain painkillers, antimicrobials, antidepressants, contraceptives and antiparasitic are commonly found, traces of some pharmaceuticals have also been found in drinking water. The largest source of pharmaceuticals entering the environment is use; the route will differ depending upon whether human or veterinary use is involved. The chemical and/or metabolic stability of some pharmaceuticals means that up to 90% of the active ingredient is excreted (or washed off) in its original form. Wastewater treatment varies in its ability to eliminate pharmaceutical residues, depending upon the substance and the level of treatment; in some cases, substantial amounts are removed, in others, only a small percentage; but even the best, most expensive, current treatments are not 100% effective. Pharmaceuticals reach the environment through the discharge of effluent from urban wastewater (sewage) treatment plants (containing excreted pharmaceuticals as well as unused pharmaceuticals thrown away into sinks and toilets), the spreading of animal manure; and aquaculture (in which pharmaceuticals are often dispensed with the animal feed). Other sources are the discharge of effluent from manufacturing plants, the spreading of sewage sludge, i.e. containing pharmaceuticals removed from wastewater, grazing livestock; the treatment of pets; improper disposal into landfill of unused pharmaceuticals and contaminated waste. Effects on Fish and Aquatic Life A number of studies have indicated that Oestrogen and chemicals that behave like it, have a feminizing effect on male fish and can alter female-to-male ratios. Such Oestrogen can be found in birth control pills and postmenopausal hormone treatments. The easiest, cheapest, and most effective solution to pharmaceutical pollution is keeping the drugs from reaching the waterways in the first place. Firms should invest in public education on the proper disposal of drugs. This way, people will know how to properly get rid of old or expired medicine without contributing to pharmaceutical pollution. Awareness can also create initiatives that mitigate the effects already caused by pharmaceuticals on the environment. Disrupting the Normal Operations of the Sewerage Process Antibiotics are widely used in treating infections. They contain material that can disrupt the sewage treatment process and the microbial ecology of surface water. Antibiotics present in the sewage treatment systems can, therefore, inhibit the activities of the sewage bacteria, and therefore seriously affect the organic matter decomposition. Antibiotics can also be toxic to nitrifying bacteria in the wastewater treatment process. Effect on Drinking Water 24 The chemicals present in these pharmaceuticals find a way into waterways, after being excreted from the body or after being flushed down the toilet. Most municipal sewage treatment facilities do not remove these pharmaceutical compounds from your drinking water and as such, we end up consuming the same compounds. Accordingly, trashing is better than flushing. Throwing unused medication into the trash leads to them being incinerated or buried in landfills. It is a better way of disposing of them than flushing or pouring them down the drain. However, if you are to trash them, do it properly. Long-term Effects on the Environment Some pharmaceutical compounds last a long time in the environment and in water supplies. Once the concentration reaches a certain level, usually around one part per million, the chemicals begin to affect the environment. Some drugs, like antiepileptics, are persistent, with some being pseudo-persistent, meaning, they degrade eventually, but after quite some time. Effects on Wildlife Pharmaceuticals, flushed into the environment by humans, or through the sewage are also affecting wildlife. These animals are consuming water that contains these particles or are preying on fish which swim in such waters. Occupational Health and Safety Pharmaceutical workers may be exposed to a variety of workplace hazards in the course of performing their functions. The degree of exposure is dependent upon the type, concentration, intensity, and time of exposure. Improper operations, non-alignment to standards as per national guidelines and norms could cause health and safety concerns for the workers, beneficiaries, and communities. Staff of the firms should also be trained on health and safety measures, sound and safe operation of equipment and management of situations such as health-related issues to curtail the potential risks of accidents, disease and infection spreading. Solutions to Pharmaceutical Pollution There is the need to support the development of pharmaceuticals intrinsically less harmful for the environment and promote greener manufacturing. Reduce wastage and improve the management of waste (Less wastage of pharmaceuticals and proper disposal would reduce the risk to the environment). More advanced wastewater treatment technology may be appropriate at some locations. The need to expand environmental monitoring (Knowing more about the concentrations of pharmaceuticals in the environment would allow environmental risk assessments to be improved and measures to be more focused, especially if monitoring could be extended to better cover certain parts of the environment, where necessary involving cooperation with stakeholders). Increase awareness and promote prudent use of pharmaceuticals (Promoting the prudent use of medicinal products which pose a risk to or via the environment, including antimicrobials, could significantly reduce the problem at source). (D) Risks and Impacts Associated with Civil Work Sourcing of construction materials and construction. The promotion of renewable energy options for SMEs and firms under the Program may involve civil works including digging of trenches, laying of pipes, cables, installations etc. There may be a need to rehabilitate works which comes with material sourcing, extraction and transport of construction materials (aggregates, gravel, sand, etc.) from borrow pits and quarry areas to the construction site as well as management of construction sites. Depending on the sourcing and siting of construction materials, potential risks and impacts would include removal of vegetation, collapse and erosion of unstable slopes and sedimentation of nearby water bodies (if there are). Extraction and hauling can also expose workers and communities to health impacts and risks especially if extraction is not done properly and site restoration is not carried our properly and on time, and when hauling of materials passes through 25 communities. The exact location of the subprojects and the management of the sourcing of construction materials are the key issues for consideration. Impacts on Air quality and generation of noise. During construction, there may be localized air quality deterioration from dust and exhaust emissions from concurrent construction activities with multiple crews operating vehicles and equipment. Emissions and odours could also emanate from materials and other such chemicals. Other potential sources can be via the burning of waste material by contractor workers. Noise from construction works and vibration from the movement of construction vehicles may disturb neighboring communities as well as workers of firms (if on-site) as most will continue working while the works are being done. These impacts will be temporary and can be minimized by adopting appropriate mitigation measures, including regular dousing of construction site against dust, regular maintenance of equipment and vehicles to manufacturers’ standards and limiting operating times to daylight hours. Potential impacts on workers’ health and safety can also be managed using appropriate Personal Protective Equipment (PPE) such as earmuffs, goggles and masks. Impacts on vegetation, habitats and Land Civil works needed to connect investments to major utilities services such as electricity, water and telecommunication services may involve vegetation clearance. Land digging may also be needed for pipe laying for water supply, cable laying for electricity and telecommunication services. These activities may lead to the destruction of habitats for some organisms. These impacts can be managed via having guidance on vegetation and land clearance processes to ensure they are limited to the designated areas, carrying out compensatory planting of vegetation as part of landscaping activities, screening of sites prior to land clearing to avoid or reduce impacts on critical habitats. Potential implications on Physical Cultural Resources (PCRs). Any subproject activities that involve excavation and civil works could potentially affect PCRs buried underneath the earth or located along the physical footprint of subprojects. However, given that subprojects are mainly rehabilitation or extension within existing premises, impacts on PCRs will be avoided as part of the subproject design, potential impacts are deemed to be minimal and highly unlikely. As part of subproject screening, civil work activities will avoid sites of archeological, cultural, religious, and historic value. For the possibility of “chance finds� for unknown cultural heritage, the Program will follow the standard chance find procedure and GoG’s law on cultural resources, which will be included in contractor’s contract. Soil erosion due to civil works and land clearance Soil erosion could result around civil works areas. Soil erosion along the subproject's physical footprint could affect nearby waterways, its quality and aquatic life, and adjacent or neighboring lands and properties. Due to the scale of physical works proposed under the program, soil erosion is anticipated to be minimal and localized. The impacts could be mitigated through the provision of appropriate drains and landscaping. Generation of solid and liquid wastes. Civil works waste will be generated during physical works and by workers. Improper disposal and/or storage of solid and liquid wastes including, cement and other material packages and left-over construction materials, have potential to generate impact on the nearby environment and health and safety of the workers, local community, and the beneficiaries. Solid wastes during construction such as paper wrapping, scrap metal, excavated soils, polythene, plastic and metal will cause pollution and littering of the immediate and localized environment. Liquid waste from construction sites could include slurry and effluents from kitchen, canteen and washroom. Solid and liquid wastes from workers and workers’ camps, if not collected, stored, disposed and managed properly, can also cause pollution and affect the health of workers and nearby communities unless duly managed. These impacts will be 26 moderate and localized. They could be mitigated through provision of well-labelled waste bins, creation of awareness on waste management among workers, provision of appropriate sanitation facilities and proper disposal at approved sites. Potential depletion and pollution of surface and ground water resources. Water required for civil works could potentially place greater demand on both surface and groundwater resources. Drainage systems that divert water from civil works sites can have environmental impacts on water courses via siltation, deposition of solid waste debris, chemicals and wastewater especially and during rainy seasons. This can cause a significant reduction in the ecological value of the water course. Liquid and solid wastes from construction site and worker’s camp can pollute surface water bodies unless duly managed via adequate measures for silt and waste management and runoff. Community and occupational health and safety. Community and occupational health and safety issues are also attributed to civil works, even small- scale rehabilitation and construction. Health and safety concerns will arise during the construction phase predominantly during excavation works, operation of equipment and machinery, transport of construction materials, fabrications, installations and influx of outside workers to the project site, among others. During operation of completed facilities, health and safety issues could remain a concern if those completed facilities are not properly managed. Dust, noise, vehicular and machinery movement and potential disruption of access within firms may also negatively affect the community in the project area if proper measures are not taken to ensure civil works are carried out safely within the co-inhabited premises. The potential impacts could be mitigated through proper isolation of construction sites to prevent unauthorized access, provision of temporary safe access routes, provision of appropriate signages, control of vehicular speed, appropriate lighting of construction sites, provision of appropriate PPEs etc. 2.2.2 Anticipated Social Risks and Impacts Social Risks associated with Results Area 1: Enhancing the policy environment and investment promotion Complex stakeholder engagement and collaboration especially with MDAs and the private sector The automotive industry aims to support the implementation of policies, regulations, and standards by establishing strong institutional arrangements and collaboration among various stakeholders-both public and private. This presents the risk of having to deal complex stakeholders with diverse interest and influence that may jeopardize the smooth implementation of the policy change required to drive the needed investments in the sector. It is therefore anticipated that adequate measures will be put in place effectively engage the complex stakeholders involve in the automotive sub-sector. Low capacity of the implementing agencies may lead to poor OHS practices The Program also seeks to support the attraction of additional investments and commercial agreements in the three sectors. Presently the implementing agencies have low to moderate capacity (staff strength and knowledge of E&S) to deal with E&S issues across the various regions and districts. Therefore, enhancing investment in policy environment without strengthening occupational health and safety labor and working conditions standards of industries may lead to increased investment with poor OHS practices. Social Risks associated with Results area 2: Improving firm capabilities and linkages The project will target women entrepreneurs, but it also has great opportunity to include PWDs and youth from remote areas in the project design which should be explored. The dedicated window for 27 female-led businesses under component 3 will need to ensure that any risks of (online) harassment both through training and creating ecommerce platforms are addressed. The project will also require wide range of stakeholders with significant efforts at consultations and coordination which adds up to the complexity. With this complexity also comes the risk of prioritizing engagement at the national levels with organized interest groups. Voices of marginalized groups may not be considered in programing. Additionally, implementation constraints due to lack of adequate consultations and collaboration arrangement with the various stakeholders-both public and private may lead to the following social risks and impacts: • The program may work with some firms with current or historic E&S shortcomings such poor OHS and labor management practices and land wrangling. • Inadequate clarity on the terms and nature of relationship between bigger firms and small suppliers may lead to exploitation, agitation, and SEA/SH due to power dynamics. • Source of raw materials from suppliers could potentially involve child labor • Community health and safety risks from waste disposal and pollution from firms. Results area 3: Enhancing sector-specific skills The potential social risk may include (i) the risk of exclusion -Groups such as women, Persons with Disabilities (PWDs), youth from remote and rural areas and children (of working age in accordance with national labor laws) are more likely to experience exclusion from the project benefit. These groups face multiple barriers and intersecting forms of discrimination and disadvantage. PWDs are more likely to experience high levels of exclusion due to inaccessible environment that makes it difficult for them to participate in the project. There is also potential risk of GBV/SEA/SH due to power differential between project executors/ trainers and beneficiaries, as well as SEA/SH within project entities from fellow workers and supervisors and trainees. Results area 4: Facilitating the emergence and growth of youth-led businesses • Potential politicization of the program • Complex stakeholder engagement and collaboration with MDAs • Low capacity of the implementing agencies to manage expanded roles and responsibilities associated with the E&S aspects of the program • Potential exclusion of marginalized groups such as women, PWDs & SMEs in remote areas • Potential increase in GBV/SEA/SH due to power dynamics between project executors and prospective beneficiaries • Risk of excluding micro enterprises due to stringent selection criteria and registration fees • Potential conflicts over selection process • Lack of grievance mechanisms for complaints resolution The potential environmental and social risks and impacts associated with these interventions are presented in detail Table 1: 28 Table 1: Potential Project Environmental and Social Risks and Impacts Sub Program Sub-Activity(s) Responsibility Potential Environmental Risk(s) Potential Social Risk(s) Micro and Small • Facilitate MSMEs GEA No or negligible environmental risks • Implementation constraints due to lack of Business access to Business and impacts are expected adequate collaboration arrangement with MDAs Development Development and the private sector Services (BDSs) • Low capacity of the implementing agencies to • Facilitate access to manage expanded roles and responsibilities finance for MSMEs associated with the E&S aspects of the program • Liaise with GSA to • capacity of the implementing agencies standardize the • Potential exclusion of beneficiaries in remote operations of areas MSMEs • Discrimination in access to training • Lack of reasonable accommodation and assistance to ensure participation of vulnerable groups such as persons with disabilities, women, children (of working age in accordance with national labor laws) in skills training • SEA/SH between trainers and beneficiaries and within project entities Entrepreneurship • Facilitate the MOTI Investments to be supported through • The program may work with some firms with Development selection and pitch grant could cause the following current or historic E&S shortcomings such poor and presentation by environmental impacts: OHS and labor management practices and land Training applicants of the • Minimal loss of vegetation, habitat wrangling. Presidential Business and biodiversity. • Inadequate clarity on the terms and nature of Support Program • Waste (solid and liquid waste) could relationship between bigger firms and small (PBSP) be generated from grant investments suppliers may lead to exploitation, agitation and • Provide grant to • Workers may also be exposed to SEA/SH due to power dynamics. qualified youth some occupational health and safety • Source of raw materials from suppliers could hazards such as noise, dust, potentially involve child labor 29 entrepreneurs of the electricity, work at height, trips, • Community health and safety risks from waste PBSP slips, etc. disposal and pollution from firms. • In the case of water connection to businesses, poorly executed water works could cause leakages leading to localized ponding that may contribute to the breeding of disease- borne vectors and nuisance to the fringe communities Foreign Trade Promote and facilitate MOTI No or negligible environmental risks • Implementation constraints due to lack of Services market access for and impacts are expected adequate collaboration arrangement with MDAs Ghanaian Exports and the private sector • Low capacity of the implementing agencies to manage expanded roles and responsibilities associated with the E&S aspects of the program • Potential exclusion of beneficiaries in remote areas • Discrimination in access to training • Lack of reasonable accommodation and assistance to ensure participation of vulnerable groups such as persons with disabilities, women, children (of working age in accordance with national labor laws) in skills training • SEA/SH between trainers and beneficiaries and within project entities Standards Standards developed MOTI, GSA No or negligible environmental risks • Complex stakeholder engagement and sent for publishing and impacts are expected • Implementation constraints due to lack of and gazetting to guide adequate collaboration arrangement with MDAs industry and facilitate and the private sector trade. 30 Standards and Trade • Implementation constraints due to lack of related documents / adequate collaboration arrangement with MDAs notifications / and the private sector promoted /dissemination to facilitate Industrial Support the MOTI Interventions to connect investments to Development and establishment of major utilities services such as electricity, Support Services Strategic Anchor water and telecommunication services Industries are envisaged to be medium scale. However, the following environmental risks and impacts of moderate significance are envisaged: • Minimal loss of vegetation and habitat, depending on the location of the investment. • Generation of waste (solid and liquid waste) by the workers and also from the construction and demolished materials. • There is possibility of replacing old water pipes which could generate asbestos waste materials that may pose health and safety risks to the workers. • Workers may also be exposed to hazards such as noise, dust, electricity, work at height, trips, slips, attack from animals such as snakes, scorpions, etc. • Poorly executed water connections and leakages may cause localized 31 ponding that may contribute to the breeding of disease-borne vectors and nuisance to the fringe communities District Support micro GEA, NEIP • Minimal loss of vegetation and • Potential politicization of the program Entrepreneurship businesses, self- (with NYA, habitat. • Complex stakeholder engagement and Programme employed persons, rural CTVET, • Generation of waste (solid and liquid collaboration with MDAs enterprises and NABCO) waste) by workers and also from • Low capacity of the implementing agencies to entrepreneurs through enterprises. manage expanded roles and responsibilities government agencies • Workers may also be exposed to associated with the E&S aspects of the program hazards such as noise, dust, • Potential exclusion of marginalized groups such electricity, work at height, trips, as women, PWDs & SMEs in remote areas slips, etc. • Potential increase in GBV/SEA/SH due to power dynamics between project executors and prospective beneficiaries • Risk of excluding micro enterprises due to stringent selection criteria and registration fees • Potential conflicts over selection process • Lack of grievance mechanisms for complaints resolution 32 CHAPTER 3: STAKEHOLDER CONSULTATION 3.1 Summary of Consultations This section provides an overview of the stakeholder consultations and engagements undertaken so far including those related to the preparation of the ESSA as well as future engagement activities for ESSA disclosure and other program related information The project requires consultation and coordination among numerous stakeholders, including Ministry of Trade and Industry (MOTI); Ghana Enterprise Agency (GEA); and National Entrepreneurship and Innovation Program (NEIP), Metropolitan, Municipal and District Assemblies (MMDAs), private business actors, youth organizations, educational and training institutions, women groups, NGOs/ CSOs etc. These stakeholders will need to be further defined as project components are determined and consultations take place. So far, the channels of stakeholder engagements and consultations have been the project identification mission and project preparation mission organized in September 2022 and February-March 2023 respectively. Even though the Bank and GOG agreed during the preparation mission prepare a Stakeholder Engagement Plan (SEP) and Environmental and Social Commitment Plan (ESCP) to careter for the IPF component of the project, there is minimal level of awareness among many stakeholder groups met during the ESSA field data collection and consultations. It is therefore expected that SEP preparation will be intensified to take into consideration the views and interests of all relevant stakeholders. The SEP for the IPF component will also define the process for engaging and disclosing the relevant ESF documents such as the ESCP, SEP and other instruments relevant to the program. As part of the information disclosure arrangement, these documents will be disclosed publicly on the websites of the Borrower and the Bank. Consultation meetings will be conducted in a manner consistent with applicable government guidance. Meaningful consultation with relevant stakeholders will be conducted before appraisal, and its results adequately recorded and disclosed. The SEP will include the framework for open and transparent consultations and differentiated measures to allow the effective participation of, and communication with, disadvantaged or vulnerable groups, including women persons with disabilities and youth from remote and rural areas. The SEP will also define the appropriate institutional arrangements and corresponding budgets needed to carry out the stakeholder engagement process. It is also recommended that project level Grievance Mechanism (GM) should be established to handle complaints and queries from the public. The GM will be responsive to the risk of SEA/SH and be accessible to a wide diversity of stakeholder groups. . The Bank Team retrieved the list of stakeholders from the MOTI, GEA, NEIP, and YouStart from which representative number of stakeholders were identified and interviewed for information for the ESSA. The consultations were virtual via Cisco Webex meetings, phone calls, and a combination of field visits from 28th March to 5th April 2023. The field visit was mainly done in Accra because at this stage the project is still being prepared so most of the stakeholders required for consultation are institutional heads in Accra. The environmental and social issues were outlined as questions in a questionnaire and shared with the identified institutional and individual stakeholders to self-populate before the Bank team followed up to assist them complete the questionnaire . During the consultation, the details of the PforR program were presented to the participants after which some additional questions were raised which each of the national representatives was given some time to respond to. The stakeholders were thereafter requested to respond to the questions in writing and forward to the World Bank team with supplementary documentation also attached to support the responses provided. As part of the consultations, the agencies were also requested to submit additional documents relating to their environmental and social systems and institutional frameworks. The list of institutions consulted is presented in annex 3. 3.2 Disclosure The final ESSA report will be publicly disclosed on the World Bank external website and in-country portals and at relevant government Ministries, Departments and Agencies involved in project implementation which include the Ministry of Health and Ghana Health Services, prior to the close of project appraisal. 34 CHAPTER 4: OVERVIEW OF RELEVANT BORROWERS ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS 4.1 National Policies, Laws and Regulations on Environmental and Social Systems Ghana has several policies, laws and regulations that support environmental and social management. The country’s first Environmental Policy was enacted in 1995 and was based on a broad vision founded on and directed by respect for all relevant principles and themes of environment and sustainable development. There are also a few sectoral policies which provide directives to integrate environmental and social considerations in the decision-making process to avoid or minimize impacts associated with program implementation. A matrix of the World Bank’s six core environmental and social principles aligns with relevant national environment and social policies, laws and regulations as presented in Table 6 below. Table 2: Core Principles vis-a-vis Relevant National Environment and Social Policies, Laws, and Regulations PforR Core Principle Relevant Policies, Laws and Regulations General Principle of • The 1992 Constitution of Ghana Environmental and Social • The National Environmental Policy, 2012 Management • Environmental Sanitation Policy (Revised, 2010) • Climate Change Policy, 2013 • Environmental Protection Act, 1994 (Act 490) • Environmental Assessment Regulations, 1999 (LI 1652), as amended (2002) • Lands (Statutory Wayleaves) Act, 1963 (Act 186) • Natural Habitats and Physical Cultural Resources: Physical Cultural Resources • The 1992 Constitution of Ghana • Environmental Assessment Regulations, 1999 (LI 1652) • Cultural policy of Ghana, 2004 • National Museums Decree, 1969 • Wetland Management (RAMSAR sites) Regulation, 1999 • Water Use Regulations, 2001 (LI 1692) • Forestry Commission Act, 1999 (Act 571) Public and Worker Safety • The 1992 Constitution of Ghana • Ghana National Fire Service Act, 1997 (Act 537) • The Fire Precaution (Premises) Regulations, 2003 (LI 1724) • The Labour Act 2003 (Act 651) • Workmen's Compensation Law 1987 (PNDCL 187) • Factories Offices and Shops (Amendment) Act 1991 (Act 275) • National Building Regulations 1996, (LI 1630) • Public Health Act, 2012 (Act 851) • Ghana Disability Act, 2006 (Act 715) 35 • Fair Wages and Salaries Commission Act, 2007 (Act 737) • Occupational Health and Safety Policy and Guidelines for the Health Sector (2010) • Health Care Waste Management Policy, 2020 • Pensions Act, 2008 • Cooperatives Decree, 1960 • National Employment Policy, 2015 • National Green Jobs Strategy, 2021 Land Acquisition • Land Act, 2020 (Act 1036) Note that there would be limited application of the policies and legislations related to Land Acquisition to the activities to be supported under the Program. No new land acquisition is envisaged. However, there could be potential encroachment on some lands where possible thus affecting the livelihoods individuals, entities or parties. Indigenous Peoples and There are no groups in Ghana that meet the World Bank's criteria for Vulnerable Groups Indigenous Peoples. However, there are policies and laws that protect vulnerable groups such as: • The Children’s Act, 1998 (Act 560) • National Social Protection Policy, 2015 • National Gender Policy, 2015 • National Child and Family Welfare Policy, 2015 • Justice for Children’s Policy, 2015 • Health Sector Gender Policy, 2009 • The National Disability Policy 2006 • Persons with Disability Act, 2006 (Act 715) • Domestic Violence Act, 2007 (Act 732) • Ghana AIDS Commission Act, 2002 (Act 613) Social Conflict • Alternative Dispute Resolution Act, 2010 (Act 798) • Civil Service Code of Conduct 4.1.1 The National Environmental Policy (2012) The vision of the environmental policy is “to manage the environment to sustain society at large.� The emphasis is on access to adequate wholesome food, clean air and water, decent housing, and other necessities of life, that will further enable citizens to live in a fulfilling spiritual, cultural and physical harmony with their natural surroundings. The policy is implemented through the Ghana Environmental Action Plan which draws on integrated and holistic environmental management practices and processes to improve outcomes over the next ten years. The government is committed to using resources in the most effective way to achieve the aims of the policy and promote the integration and coordination of its approach to environmental management among all the Ministries, Departments and Agencies (MDAs). 36 4.2 Legislative and Regulatory Framework for Environmental Due Diligence and Management 4.2.1 The Constitution of Ghana (1992) The Constitution of Ghana provides the basis for and supersedes all laws. Article 36(9) on Directive Principles of State Policy on the environment states that: “The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind�. Article 41(K) in Chapter 6 of the Constitution requires that all citizens (employees and employers) to: 1. Protect and safeguard the natural environment of the Republic of Ghana and its territorial waters. 2. Cooperate with other states and bodies to protect the wider global environment; and 3. Endeavour to preserve and protect places of historical interest and preserve artifacts. Articles 268 and 269 make provision for the protection of natural resources of the country. These provisions guide policy actions and legislation to promote sound environmental protection and management. 4.2.2 Environmental Protection Act, 1994 (Act 490) The current legal and regulatory framework for environmental assessment is based on the Environmental Protection Act, 1994 (Act 490). The Act mandates the formulation of environmental policy, prescribing of standards and guidelines, issuing of environmental permits and pollution abatement notices. Section 2 (i) of Act 490 further mandates the EPA to enforce compliance with established EIA procedures among companies and businesses in the planning and execution of development projects, including existing projects. Section 10 (2) of the Act also promulgates the establishment of a Hazardous Chemicals Committee with functions to monitor the use of hazardous chemicals by collecting information on the importation, exportation, manufacture, distribution, sale, use and disposal of such chemicals. 4.2.3 Environmental Assessment Regulations, 1999 (LI 1652) The Environmental Assessment Regulations is established to provide a framework for environmental assessment of development projects in Ghana. The LI 1652 is organized into five schedules of categorized projects which may either be subjected to a complete EIA or a Preliminary Environmental Assessment. The Schedules include: Regulation 1 (2) of LI 1652 mandates that no person shall commence an undertaking which in the opinion of the Agency has or is likely to have adverse effects on the environment or public health unless, prior to the commencement, the undertaking has been registered by the EPA and an environmental permit has been issued by the Agency in respect of the undertaking. The LI 1652 prescribes requirements for the following documents: • Environmental Impact Statement (EIS). • Preliminary Environmental Assessment (PEA). • Environmental Management Plan (EMP). • Annual Environmental Report (AER). • Environmental Permits and Certificates The procedures for compliance with EA requirements are the Environmental Assessment Regulations, 1999, or Legislative Instrument (LI) 1652. LI 1652 consists of Thirty Regulations and Five Schedules detailing procedures to be followed in the EA process. It is in three parts: Part 1 deals with environmental permits, the registration of new and existing undertakings, screening, and fees. Part 2 describes the various 37 types and levels of EA Reports – Preliminary Environmental Report (PER), Scoping Report, Environmental Impact Statement (EIS) – and prescribes actions to be taken by the EPA upon submission of such reports within specified deadlines. This part also provides for public participation during the EIS study as well as review of environmental reports. Part 3 contains miscellaneous provisions dealing with the submission of annual environmental reports; suspension, cancellation or revocation of permits and certificates; complaints by aggrieved persons; gazette publication; offenses and penalties; appeals; interpretation and schedules. Fees and charges for permit processing were specified in 2002, as amended in 2017. LI 1652 defines EA as "the process for the orderly and systematic evaluation of a proposal including its alternatives and objectives and its effect on the environment including the mitigation and management of those effects: the process extends from the initial concept of the proposal through implementation to completion, and where appropriate, decommissioning." Environmental impact is given a wide definition under LI 1652. It includes any direct or indirect, positive or negative change in the environment caused by man-made works or activity when such changes affect life in general, biodiversity, the quality or a significant quantity of natural or environmental resources and their use, well-being, health, personal safety, habits, customs, cultural heritage or legitimate means of livelihood. This implies that any assessment should cover the above definition in its entirety and hence make provision for socio-economic and health impact assessments as an integral part of the EA process. Schedule 1 of LI 1652 provides the list of undertakings that require registration with EPA and issuance of an environment permit. Schedule 2 lists undertakings for which EIS is mandatory. EIS is also required for any proposed undertaking or development to be located in any of the areas broadly defined as environmentally sensitive in Schedule 5 of LI 1652: • Parks, reserves and sanctuaries declared by law, including sacred groves; • Areas with potential tourist value; • Habitat of endangered or threatened species of indigenous flora or fauna; • Areas of unique historic, archeological or scientific interest; • Areas traditionally occupied by cultural communities; • Areas prone to natural disasters; • Areas prone to bushfires; • Hilly areas with critical slopes; • Areas classified as prime agricultural lands; • Recharge areas of aquifers; • Water bodies used for domestic supply, or located in protected areas, or supporting wildlife or fishery activities; and Mangrove areas. Procedures. EPA published Environmental Impact Assessment Procedures in 1995 to provide guidance on complying with the EA requirements of the EPA Act. Although the document predates LI 1652, it is generally consistent with the Regulations and remains relevant and operational. It describes in detail the stepwise EA process, which is shown in Figure 1 and described below. • Registration with EPA. The proponent of any activity required by LI 1652 to register submits a Registration Form. • Screening. EPA determines whether a proposed development should be subjected to further assessment, and if so, the level of assessment that will be required. A site inspection by EPA officers is conducted and a screening report presented to a cross-sectoral EA Technical Review Committee (EA/TRC) (see below) for decision-making within 25 days of registration. The decision can be one of four: o Environmental permit declined (objection to the project); 38 o Environmental permit issued (no objections); o PER required; or o EIS required. Consultations with relevant stakeholders, particularly institutions responsible for land use zoning, fire, planning permits and persons and communities likely to be affected are important ingredients in the screening decision. • Scoping. Whenever the result of the screening or the review of a PER (submitted as the result of screening) indicates that significant adverse environmental impacts may result from the undertaking, EPA requires the proponent to submit an EIS. In this instance, the proponent first commissions or undertakes a scoping exercise. This involves widespread consultations with interested and/or affected parties, in order to identify all key environmental and social issues and to determine how the concerns of all parties will be addressed. As a part of the scoping process, the proponent is expected to: (a) give notices of the proposed undertaking to all relevant Ministries, Department and Agencies as well as Metropolitan, Municipal or District Assemblies; and (b) advertise in at least one national newspaper and a newspaper circulating in the locality where the proposed project is to be located. The proponent prepares a Scoping Report, which includes a draft Terms of Reference (TOR) for the EIS and submits it to EPA which reviews it with the assistance of the EA/TRC and provides comments within 15 days. The draft TOR can be rejected or approved, or revisions/modifications may be required. The proponent is also expected to make copies of the Scoping Report available for inspection by the general public in the locality of the proposed undertaking. 39 Figure 2: Ghana's EA Process • Environmental Impact Statement. LI 1652 specifies the required content of an EIS. During implementation of the study, the proponent is required to initiate a public information and consultation program for the area likely to be affected by the undertaking. Copies of all reports of the study shall be made available to EPA and relevant stakeholders. Public concern shall be recorded and must be addressed by the EIS. The proponent submits the final draft EIS to EPA. • EPA Review. The report is reviewed by the EA/TRC, which is composed of representatives of various Ministries, Departments and Agencies, among which are the Ministry of Environment and Science, Ministry of Mines, Ministry for Works and Housing, Town and Country Planning Department, Factories Inspectorate Department and Centre for Scientific and Industrial Research. An EA/TRC has existed for some time at the central level and handles all proposed undertakings for which EIS is mandatory (i.e., those listed in Schedule 2 of LI 1652). Four regional EA/TRCs were established during 2005 to facilitate quicker review and follow-up. Regional offices deal with the initial registration of proposals and with review of PERs, hence the regional committees deal with small and medium-scale projects not located in sensitive areas. EA/TRCs will be operational in the other six EPA regions by September 30, 2006. The review committee is required to: o Assist the EPA in screening/reviewing all EA applications and reports (EISs, PERs, Annual Environmental Reports, EMP and other related reports): i) Make recommendations to the Executive Director or Regional Director for final decision making; ii) Provide technical advice on conduct of assessments and related studies for undertakings and the reports submitted on them; 40 o Make recommendations on the adequacy of the assessments and any observed gaps; i) Advise on the seriousness of such gaps and the risks or otherwise to decisions required to be made; ii) Recommend whether the undertaking as proposed may be accepted or rejected, the conditions of acceptance if any, or the reasons for rejection; and ii) Provide guidance on how any outstanding issues/area may be satisfactorily addressed. • Public Consultation. Public consultation is inherent in the EA process from screening to permit issuance. According to LI 1652 and the Environmental Impact Assessment Procedures, the concerns of the public, if any, and in particular concerns of immediate residents of the project site, must be taken into account at the screening stage. A proponent required to prepare an EIS must notify relevant ministries, government departments, and the relevant Metropolitan, Municipal or District Assembly of the proposed undertaking and advertise it in at least one national and one local newspaper. Scoping reports must be made available for public inspection in the locality of the proposed project. The TOR for an EIS must provide for consultation with members of the public that might be affected by the proposed project. During the review of a draft EIA, copies are placed at vantage points including the EPA Library, relevant District Assembly, EPA Regional Offices and the sectoral ministry responsible for a particular undertaking. EPA posts a public notice in the national and local newspapers about the EIS publication and its availability for public comments for a 21-day period. • Public Hearings. Regulation 17 of LI 1652 specifies three conditions that oblige EPA to hold a public hearing on a proposed project: o When a notice issued under Regulation 16 of LI 1652 results in great public reaction to the commencement of the proposed undertaking; o When the undertaking will involve the dislocation, relocation or resettlement of communities; and, o When EPA considers that, the undertaking could have extensive and far-reaching effects on the environment. o Where a public hearing is held, the processing of an application may be extended beyond the prescribed timelines required for EPA's actions and decision-making. In discussions with EPA officials, it was mentioned that the proponent's presentation at a public hearing needs to be in the local language, but this does not appear in the EA Regulations. • Environmental Permitting Decision (EPD). Once the draft EIS is found acceptable by the EPA, the proponent is notified to finalize the report and submit eight hard copies and an electronic copy. Within 15 working days after submission, EPA issues the environmental permit and publishes an official notice of the approval in the Gazette within three months after issuance. • Fees. An amendment to the EA Regulations, LI 1703 of 2002, specifies two separate fees that a proponent pays to EPA for processing applications and issuing permits. The amounts vary with project sector and size. A portion of the fees goes into the National Environment Fund that was established by the EPA Act. Fund proceeds may be spent on environmental education of the general public, research, studies and investigations, human resources development, and other purposes agreed in consultation between the Minister of Environment and the Board of EPA. • Appeals. A person aggrieved by a decision or action of the Agency, including a decision not to hold a public hearing, may submit a complaint in writing to the Minister of Environment. The complaint shall be submitted to the Minister within 30 days of the complainant's becoming aware of the decision. The Minister has 14 days in which to appoint a panel with members as specified in LI 1652. The panel reports its findings to the Minister within 60 days from the date the matter was referred to it. There are some inconsistencies within the EA Regulations governing disclosure. Regulation 16(1)1 requires EPA to publish a public notice for 21 days beginning with receipt of a draft EIS, in accordance with a form specified in Schedule 4 of the Regulations, and to "post at appropriate places such parts of the environmental impact statement as it considers necessary." However, the form in Schedule 4 does not indicate that only 41 portions of the draft EIS will be disclosed; its language is "Copies of the EIS are available at the EPA library, EPA... Regional Office and ... District/Municipal/Metropolitan Assembly." Regulation 19 requires the proponent to submit eight hardcover copies and one electronic copy of the final EIS after acceptance by EPA but is silent on disclosure. This is an apparent gap between Ghanaian and World Bank/AfDB EA systems, however, it is a gap on paper only. EPA standard practice is to disclose the entire draft EIS at the specified location. Final EIS reports are not "disclosed" in the same way (i.e., with a public notice), but they are public documents. EPA makes them available to interested members of the public at the same locations at which the drafts were disclosed. EPA will clarify that full documents are disclosed in the sector specific guidelines and the EA guidelines. The absence of any requirement that relevant documents be disclosed in form and language understandable to key stakeholders is an actual gap that needs to be filled. Sectoral Guidelines: The EPA has issued EA sectoral technical guidelines for key sectors relevant to the Program such as General Construction and Services Sector (apply to all construction), Energy, Transport, Management of Health Care and Veterinary Wastes, Manufacturing Industry, Forestry and Tourism. These guidelines are used by proponents in environmental and social screening and in preparing ESIAs/ESMPs in the concerned sectors. Of critical importance to the Program is the 2011 EA Sectoral Guidelines for General Construction and Services Sector that cover most of the activities under the Program, including housing and residential buildings, educational, institutional and research facilities, cultural, health, religious, government and public offices, commercial buildings, industrial buildings, recreational and entertainment, transportation, water and sanitation and communications services. The guidelines basically cover almost all types of works and services that the Program will support. 4.3 Biodiversity and Protection of Natural Habitats The Protection of natural habitats in Ghana is achieved through legislation that concerns forestry, including game, wildlife and wetlands. This legal framework demonstrates Ghana's intent to manage and preserve natural habitat through designation of reserves and protected areas and regulation of exploitation. It does not encompass the principles that underpin the World Bank policy, however - the prohibition on conversion of critical natural habitat and the requirement that conversion of other significant natural habitat not be supported unless there is no feasible alternative and benefits outweigh environmental costs. 4.3.1 The Forest and Wildlife Policy adopted in 1994 The Policy is aimed at the "conservation and sustainable development of Ghanaian forest and wildlife resources for maintenance of environmental quality and perpetual flow of optimum benefits to all segments of society." Among the objectives of the policy are to manage and enhance Ghana's permanent estate of forest and wildlife resources for preservation of vital soil and water resources, conservation of biodiversity and the environment and sustainable production of domestic and commercial produce. 4.3.2 The Forestry Commission Act, 1999 The Act establishes a Forestry Commission and entrusts it with regulation of the utilization of forest and wildlife resources, conservation and management of those resources and coordination of policies related to them. The Forest Ordinance, dating from the colonial era but still in force 13 gives the President power to constitute forest reserves for the purpose of conservation, out of government, tribal or private lands. The effect of the Ordinance was therefore to make forest areas inaccessible except with the consent and/or permission of forestry officers. Enacted in 1959, the Protected Timber Lands Act'4 provided for declaration of off-reserve forest lands as protected timber lands; and gave the Forestry Department the power to regulate and control farm 42 development and expansion in the affected areas. The Forest Protection Decree15 enacted in the 1970s substantially reenacted the Forest Ordinance. Closely related to forest reserves are "protected areas" under the 1994 Trees and Timber Act. As a measure aimed at preventing tree or timber waste, the Minister responsible for forestry may declare an area lying outside a forest reserve a protected area. Within such an area, it is an offence to fell or damage any tree or timber, to farm or build, to set fires or to kindle a fire without taking precautions to prevent its spread, without the prior written consent of the Minister. 4.3.3 The Wild Animals Preservation Act of 1961 This act gives the Minister responsible for forestry the power, by legislative instrument upon the advice of the Forestry Commission, to make Regulations, inter alia, for the: • Establishment of reserves within which it shall be unlawful to hunt, capture, or kill any bird or other wild animal except those which shall be specially exempted from protection. • The protection and preservation of reserves and of the animals therein. • The imposition of penalties or imprisonment or both for breach of any regulation made under the Act. Pursuant to this Act, the Wildlife Conservation Regulations as variously amended, and the Wildlife Reserve Regulations as variously amended were issued in 1971. Under these Regulations were established five fully protected national parks (at Mole, Digya, Bui, Bia and Nini-Suhien), five game production reserves (in Gbele, Kalapa, Shai Hills, Bia and Ankasa), two wildlife sanctuaries (at owabi and Bomfobiri) and one strict nature reserve (at Kogyae) primarily for scientific purposes. Ghana is a party to the Ramsar Convention22 and enacted in 1999 the Wetland Management (Ramsar Sites) Regulations (LI 1659)23 Under LI 1659, six Ramsar sites have been designated and lists of activities proscribed and restricted in them have been promulgated. Under the Environmental Assessment Regulations, EPA requires preparation of an EIS for any activity in or affecting an environmentally sensitive area listed in Schedule 3 of LI 1652. The list of those areas covers most if not all of what World Bank policy defines as both critical and non-critical natural habitats. 4.4 Physical Cultural Resources (PCR) 4.4.1 Overarching Legislation and Regulations Under LI 1652, potential impacts on PCR are to be considered at several stages in the EA process - in screening proposed undertakings and scoping, preparing, consulting on and reviewing EIS reports. Various types of PCR are included in Schedule 5 to LI 1652, which lists environmentally sensitive sites for which EIS is always required (see para. 13 above). In addition to the EA requirements, there is specific legislation in Ghana for protection of PCR. Ghana ratified the World Heritage Convention of 1972 on April 7, 1975. Article 39(4) of the Constitution enjoins the State to preserve and protect places of historical interest and artifacts. 4.4.2 The Cultural Policy of Ghana of 2004 The Policy provides that special attention be given to the preservation of traditional sacred groves, monuments, artistic treasures held in chiefs' palaces, mausoleums, private homes and all objects of high artistic value. It requires the State to enact and review legislation to protect all cultural assets, to protect the rights of indigenous owners of cultural heritage, and to vest in itself ownership, protection and preservation rights of rare and monumental heritage objects. The policy further enjoins the National Commission on Culture (NCC) to recognize all traditional regalia and cultural artifacts, sacred stools, jewelry, religious 43 objects, stool houses, graveyards, mausoleums and sacred groves associated with chieftaincy as national treasures. The NCC is further required to preserve as monuments, all forts and castles, designated shrines, mosques, church buildings, old city walls and gates, cultural sites, palaces, public and private buildings of historical significance and monumental sculptures. These are required to be protected from neglect, desecration and/or destruction. Under the policy, the NCC, in collaboration with the EPA, the Forestry Commission and other relevant agencies, is required to identify sacred forests and other heritage sites of Ghana and collect, collate and store indigenous beliefs and practices associated with them with the aim of conserving the nation's biodiversity and ecosystems and exploring their use as tourist attractions and sustainable sources of rare medicinal plants, animals and minerals. 4.4.3 The National Museums Decree, 1969 The National Museums Decree 1969 established the Ghana Museum and Monuments Board (GMMB) as a corporate body with power to acquire and hold land. The functions of the GMMB, inter alia, are to: • Equip, maintain and manage the National Museum. • Establish, equip, maintain and manage such other museums as it thinks fit. • Preserve, repair or restore any antiquity which it considers to be of national importance. • Investigate and report on any matter relating to any antiquity. • Keep a register of all antiquities which it acquires, or which are brought to its notice. The Decree together with the Executive instrument (EI 118) of 1969 and the National Museums Regulation (EI 29) of 1973 provide definitions of antiquities, monuments and cultural artifacts and prohibit any person from exporting any antiquity except in accordance with an export permit issued by GMMB. Section 9 requires a person who finds an antiquity not to remove from its original position without the consent of GMMB. Section 10 of the Decree imposes a duty on every person who discovers an antiquity, and the owner or occupier of any land upon which an antiquity is discovered to notify GMMB without delay in writing of the discovery. Under Section 11 the Minister may, on the recommendation of GMMB, by executive instrument proclaim any monument to be a national monument. Contravention of the provisions of the law constitutes an offense punishable inter alia by a forfeiture of the relevant antiquity. 4.5 Labor and Occupational Health and Safety The 1992 Constitution, Article 36 (10) requires that the State shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all Ghanaians. 4.5.1 Factories, Offices and Shops Act 328, 1970 This Act mandates the Factories Inspectorate Department to register factories and ensure that internationally accepted standards of providing safety, health and welfare of persons at the workplace are adhered to. It defines a factory to include any premises (whether or not in a building) in which one or more persons are employed in manual labor, among others. 4.5.2 The Labor Act, 2003 (Act 651) The Labor Act amends and consolidates existing laws relating to labor, employers, trade unions and industrial relations. The Act provides for the protection of employment, general conditions of employment, employment of women, employment of young persons, fair and unfair termination of employment, protection of remuneration, special provisions relating to temporary workers and casual workers, forced labour, occupational health, safety and environment, unfair labour practices, and Settlement of industrial disputes. It also provides for the rights and duties of employers and workers; legal or illegal strikes; guarantees trade unions and freedom of associations and establishes the Labor Commission to mediate and 44 act in respect to all labor issues. Under Part XV of the Act on Occupational Health, Safety and Environment, the Act explicitly indicates that it is the duty of an employer to ensure that every worker works under satisfactory, safe and heathy conditions. 4.5.3 Labor Regulations, 2007 (LI 1833) This regulation spells out conditions of employment, organized labour, employment of persons with disability, occupational health and safety for workers, restriction on recruitment of children, and prohibition of trafficking. 4.5.4 The Fair Wages and Salaries Commission Act, 2007 (Act 737) The Fair Wages and Salaries Commission Act, 2007 (Act 737) established the Fair Wages and Salaries Commission (FWSC). The Commission is mandated under section 2 of Act 737 to ensure fair, transparent, and systematic implementation of the Government public service pay policy and develop and advise Government, and ensure that decisions are implemented, on matters related to: salaries, wages, grading, classification job analysis and job evaluation, performance management and indicators, and allowances and benefits (with the ultimate objective of consolidation of allowances and benefits) and undertake negotiations where compensation is financed from public funds. 4.5.6 Workmen’s Compensation Act, 2015 (Act 887) The Workmen’s Compensation Act, 2015 (Act 887) provides for Employer's liability for compensation; Compensation in fatal cases; Compensation for permanent total incapacity, permanent partial incapacity, temporary incapacity, and disfiguring injuries; method of calculating earnings; and persons entitled to compensation and distribution of compensation. 4.5.7 National Pensions Act, 2008 (Act 766) The National Pensions Act provides for secured source of income for men and women on retirement. It establishes an institution (National Pensions Regulatory Authority-NPRA) for the management of contributions from employers and employees: first tier is employers’ contribution to be managed by SSNIT, second tier is employees’ contribution to be managed by a Private Fund Manager; and third tier is voluntary contribution by employees to be managed by a private fund manager. 4.6 Community Health and Safety 4.6.1 The Ghana National Fire Service (GNFS) Act, 1997 (Act 537) The Act re-establishes the GNFS to provide for the management of undesired fires and to make provision for related matters. The objective of the Service is to prevent and manage undesired fire. To achieve its objective, the Service is to organize public fire education programmes to create and sustain awareness of the hazards of fire, heighten the role of the individual in the prevention of fire, and provide technical advice for building plans in respect of machinery and structural layouts to facilitate escape from fire, rescue operations and fire management. The GNFS has a rural fire department responsible for the control and management of bushfires. 4.6.2 The Fire Precaution (Premises) Regulations, 2003 (LI 1724) The Fire Precaution (Premises) Regulations 2003 (LI 1724) requires all premises intended for use as workplaces to have Fire Certificates. It also confers enforcement powers on the GNFS to demand a fire certificate for premises that are used as a place of work. 4.6.3 Ghana Building Code (GhBC), 2018 (GS 1207: 2018) The Ghana Building Code, 2018 establishes minimum requirements for buildings using prescriptive and performance-related provisions. It is founded on broad-based principles that make possible the use of new materials and new building designs. 45 The Code is to ensure uniformity of standards for the regulation and compliance of stakeholders in the building construction industry in terms of public health, general safety, fire protection, structural efficiency and integrity, and environmental integrity and sustainability. It is in line with the International Building Code (IBC-2018) and the International Green Construction Code 2015 (IGCC-2015). 4.7 Social Provisions 4.7.1 The Constitution of Ghana The 1992 Constitution of Ghana serves as the supreme legal document that promote(s) and protects the rights of citizens, especially the vulnerable and the excluded. The Constitution of Ghana ensures: • Child’s Right: The Constitution establishes the rights of the child and provides a framework for the enactment of appropriate legislation to protect the rights of children (Article 28). • Rights of Persons with Disabilities: Article 29 of the Constitution spells out the rights of persons with disabilities. • Citizen’s Right to Information: The Constitution also acknowledges the right to information under Article 21(1) (f) as a fundamental human right of all citizens. This right will be properly enjoyed where the public is efficiently engaged in the processes and procedures of public institutions. It also sets out the first source of environmental protection requirements in Ghana. 4.7.2 Land Act, 2020 (Act 1036) The Land Act, 2020 (Act 1036) repeals the State Lands Act (Act 125) of 1962, and other laws including Land Registry Act (Act 122) of 1962, Administration of Lands Act (Act 123) of 1962 but not limited to these laws. The Land Act, 2020 (Act 1036) seeks to revise and consolidate the laws on land, with the view to harmonising those laws to ensure sustainable land administration and management and effective land tenure. The Act seeks to consolidate the various legislation on land into one enactment to provide easy access to legislation on land and help remove the overlaps and inconsistencies associated with land legislation. The Lands Act (Act 1036) vests in the State the authority to compulsorily acquire land for public purposes via an Executive Instrument (EI) as indicated under Section 233 of Chapter Seven of the Lands Act. It stipulates that the State shall ensure the prompt payment of fair and adequate compensation for the acquisition. It also declares that the Lands Commission shall act on behalf of the State with regard to the compulsory acquisition of land under the Act. To comply with the dictates of the Constitution on payment of prompt, fair and adequate compensation, the Act requires that funds are made available for payment of compensation before acquisition process commences (Section 238). Section 244 provides that consultations are held with owners, occupiers, traditional authorities and community leaders of lands to be affected by the acquisition. It further requires the publishing of the report of the consultation. The Act also makes provision for the payment of interest on delayed compensation. The Act also acknowledges the various land interest holders in the payment of compensation. The basis for the assessment of compensation and other considerations for compensation determination are provided in detail under Sections 255 and 256 respectively, and these include: • Market value considerations • Any improvement to the property of the claimant as a result of the acquisition; 46 • Any damage sustained or likely to be sustained by the claimant as a result of the acquisition; • Any damage sustained or likely to be sustained by the claimant by reason of the acquisition adversely affecting the other property of the claimant, in any other manner; • The need of the claimant to change residence or place of business and reasonable expenses incurred as a result of the change; • An undertaking by the State, person or corporation on whose behalf the acquisition is made, to construct roads, drains, walls, fences or provide other facilities benefiting any part of the land left unacquired; • Any other cost that is necessary for the compulsory acquisition; and • The resettlement of a displaced claimant on the suitable alternative land. Section 265 provides for the Resettlement of displaced Inhabitants and the preparation of a Land and Resettlement Plan. 4.7.3 Intestate Succession Act, 1985 (PNDCL 111) Focuses on the distribution of assets when a person dies without leaving a valid will and the spouse and heirs will take (receive possession) by the laws of descent and distribution and marital rights in the estate, which may apply, to a surviving spouse. The law was necessitated from evidence of neglect for wives in the distribution of the assets of deceased husbands. 4.7.4 Domestic Violence Act, 2007 (Act 732) The law prohibits domestic violence, makes it a criminal offence, provides complaint procedures, gives power to the court to issue protection orders prohibiting a respondent from committing or threatening to commit domestic violence, and establishes support fund for victims of domestic violence. 4.7.5 The Children’s Act 1998, Act 560 The Act spells out the rights of the child; quasi-judicial and judicial child adjudication; parentage, custody, access, and maintenance; fosterage and adoption; employment of children; and institutionalized care and miscellaneous matters. It protects children from exploitative labour and child marriage and stipulates responsibilities for care and protection of children. The Act defines a child as a person below the age of 18 years. The minimum age for admission of a child to employment is 15 years and the minimum age for the engagement of a person in hazardous work is 18 years. No person shall engage a child in exploitative labour. Labour is exploitative of a child, if it deprives the child of its health, education, or development. 4.7.6 Persons with Disability Act, 2006 Act 715 The Act covers key thematic provisions such as rights, accessibility, employment, education, and transportation for Persons with Disabilities (PWDs), amongst others. Section 6 states that the owner or occupier of a place to which the public has access shall provide appropriate facilities that make the place accessible to, and available for use, by a person with disability. Section 10 of the Act states: (1) The Government shall grant a person who employs a person with disability an annual tax rebate of the taxable income in respect of each person with disability employed as shall be prescribed in Regulations made under this Act; (2) The Government shall grant special incentives to persons with disability engaged in business and to business organizations that employ persons with disability. 4.7.7 National Social Protection (NSP) Policy, 2015 The NSP Policy provides a framework for delivering social protection coherently, effectively, and efficiently in a way that is holistic and properly targeted. The NSP defines social protection as “a range of actions carried out by the state and other parties in response to vulnerability and poverty, which seek to guarantee relief for those sections of the population who for any reason are not able to provide for themselves�. It provides an institutional framework for coordination and stakeholder collaboration in monitoring and in ensuring accountability. It is linked to a range of legal instruments and policies that provide a framework within which the obligations to various target groups may be justified, implemented, 47 regulated, and advocated. In the short-term, the policy focuses on being rehabilitative, restorative, protective, and facilitative. 4.7.8 National Gender Policy, 2015 The Policy seeks to mainstream gender equality and women’s empowerment into the national development processes. The Policy outlines five commitments: women’s empowerment and livelihood; women’s rights and access to justice; women’s leadership and accountable governance; women’s economic opportunities; and gender roles and relations. Embedded in these commitments are the policy objectives to which strategies, institutional framework, and key stakeholders are identified for necessary steps in addressing identified bottlenecks and shortfalls in attaining gender equality and women’s empowerment. The GoG considers the Gender Policy as complementary to the implementation of national social protection strategies, the Policy itself having contributed to the successful advocacy for the adoption of the National Social Protection Policy. 4.7.9 National Child and Family Welfare Policy, 2015 Ghana's Child and Family Welfare Policy focuses on the prevention of violence, abuse, and exploitation of children. It underpins a child protection system that will safeguard and respond to children and their families when needed and provide support to mitigate risks for vulnerable families. This Policy recognizes a child as a person below the age of 18, in line with the UN Convention on the Rights of the Child, the 1992 Fourth Republic Constitution of Ghana (Article 28), and the Children’s Act 1998, (Act 560) (section 1). The policy describes childhood as a period when a person is under the authority, control, and care of some persons considered as adults in society. The Policy defines welfare as guaranteeing the availability of the necessities of life as well as minimizing the levels of violence, exploitation, abuse, and neglect. 4.7.10 Justice for Children’s Policy, 2015 The Policy aims to promote greater cooperation between the formal and the community justice systems as a cohesive national system that ensures access to justice for all children. The objectives of the policy are to: • Prevent juvenile offending. • Strengthen programmes for rehabilitation and social reintegration. • Strengthen formal and community justice systems and link them up to enhance access to justice and protection for children in conflict with the law. • Protect child witnesses and victims of crimes. • Provide protection for children involved in family and other civil proceedings. • Guide the reform of laws, policies, and procedures to improve access to justice for children to inform the necessary changes to the regulatory framework and develop guidelines for handling cases relating to children at all levels. • Ensure the provision of financial and human resources for implementation of the policy. 4.8 Access to Information and Data Protection 4.8.1 Right to Information Act, 2019, (Act 989) The Right to Information Act, 2019 provides for the implementation of the constitutional right to information held by a public institution, subject to the exemptions that are necessary and consistent with the protection of the public interest in a democratic society, to foster a culture of transparency and accountability in public affairs and to provide for related matters. 4.8.2 Data Protection Act, 2012 (Act 843) The Data Protection Act, 2012 (Act 843) [1] is enacted to protect the privacy and personal data of individuals. It regulates the process personal information is acquired, kept, used or disclosed by data 48 controllers and data processors by requiring compliance with certain data protection principles. Non- compliance with provisions of the Act may attract either civil liability, or criminal sanctions, or both, depending on the nature of the infraction. The Act also establishes a Data Protection Commission, which is mandated to ensure compliance with its provisions, as well as maintain the Data Protection Register. 4.9 Dispute Resolution 4.9.1 Alternative Dispute Resolution Act, 2010 (ACT 798) The Act provides for the settlement of disputes by arbitration, mediation, and customary arbitration, and establishes an Alternative Dispute Resolution Centre and to provide for related matters. This Act applies to matters other than those that relate to: ▪ the national or public interest. ▪ the environment. ▪ the enforcement and interpretation of the Constitution; or ▪ any other matter that by law cannot be settled by an alternative dispute resolution method. 4.10 Policies, Laws and Guidelines Pertaining to the Youth and Employment 4.10.1 National Youth Policy (2022-2032) The National Youth Policy is intended to provide framework and direction for all stakeholders involved in the implementation of policies, programs and projects for the development of the youth. It is also a tool for effective and efficient coordination and utilization of resources for the optimum benefit of the youth and their contribution to national development. Thus, it does not only provide ground for mainstreaming, but also, build inter and intra- organizational synergies for the purposes of strengthening young people’s resilience for living in dignity, good health, peace, economic security, among others in society that respects and values inter-generational equality and justice. The vision of the policy is intended to be transported to its desired destination by the theme: “benefit for youth involve youth: together for a prosperous future�. The overall goal of the policy is: “to develop creative and innovative youth appropriately equipped with sense of responsibility, patriotism and national pride with advanced technology relevant for national and global dynamics� . This goal, extending from that espoused in the 2010 National Youth Policy and its achievement, embraces the future desired position of the state of Ghana regarding the youth. It also takes into consideration resource availability, technology, the future of development and changing demographics. In order to achieve the overall goal of this policy, the following key policy objectives would be pursued by Government, Ministries, Departments and Agencies, Municipal, Metropolitan and District Assemblies, Private Sector, Development Partners, Civil Society and other stakeholders: • To promote decent job creation, employability and livelihood empowerment for the youth. • To promote universal health coverage, inclusive health service delivery, healthy lifestyles and total wellbeing of the youth. • To develop institutional capacities and schemes that support youth skills transfer, creativity and innovation. • To enhance the participation of the youth in governance, community development, decision- making, and elevate their sense of civic responsibility. • To establish institutional framework for coordination of youth development interventions and mainstreaming. • To promote the fundamental human rights, physical and reformative development of young persons, including young women and young persons with disabilities, at all levels. 49 • To develop resilient and self-reliant youth. • To facilitate the participation of youth in international affairs. • To promote a quota system to enhance access of the youth to opportunities. • To strengthen coordination through monitoring and evaluation of youth interventions. 4.10.2 National Youth Authority Act, 2016 (Act 939) AN ACT to establish the National Youth Authority, to develop a dynamic and disciplined youth imbued with a spirit of nationalism, and a sense of public service and morality, and to provide for related matters. 4.10.3 National Employment Policy (NEP) 2015 The Government of Ghana recognizes that employment is key to socio-economic development, crosscutting in nature and must be central to the national development agenda. The goal of the NEP is to create gainful and decent employment opportunities for the growing labour force to improve their living conditions and contribute to economic growth and national development within the framework of equity, fairness, security and dignity. Accordingly, NEP is designed to: • Provide a framework for accelerated decent job creation through sustainable growth in all sectors of the economy and provide strategic direction to reduce unemployment among the youth, early exiters, graduates, women and persons with disability; • Guide the process of prioritizing employment creation strategies through well targeted policies and programs; • Promote an enterprise culture that shall induce entrepreneurship, self-reliance, and a national environment that rewards effort and initiative; and • Facilitate mobilization of resources for employment-creating programs across all sectors of the economy. The key objectives to be pursued in order to achieve the overall goal are: • To create more decent jobs to meet the growing demand for employment. • To improve the quality of jobs for those who are employed. • To increase labor productivity. • To strengthen governance and labor administration. 4.10.4 Public Private Partnership Policy Public Private Partnership (PPP) is a contractual arrangement between a public entity and a private sector party, with clear agreement on shared objectives for the provision of public infrastructure and services traditionally provided by the public sector. Usually, in a PPP arrangement, the private sector party performs part or all of a government’s service delivery functions, and assumes the associated risks for a significant period of time. In return, the private sector party receives a benefit/financial remuneration (according to predefined performance criteria), which may be derived: • Entirely from service tariffs or user charges • Entirely from Government budgets, which may be fixed or partially fixed, periodic payments (annuities) and contingent; or • A combination of the above The objectives are: 50 • Leverage public assets and funds with private sector resources from local and international markets to accelerate needed investments in infrastructure and services • Encourage and facilitate investment by the private sector by creating an enabling environment for PPPs where value for money for government can be clearly demonstrated • Increase the availability of public infrastructure and services and improve service quality and efficiency of projects • Ensure attainment of required and acceptable local and international social and environmental standards • Protect the interests of all stakeholders including end users, affected people, government and the private sector • Set up efficient and transparent institutional arrangements for the identification, structuring and competitive tendering of PPP projects • Provide a framework for developing efficient risk sharing mechanisms • Encourage and promote indigenous Ghanaian private sector participation in the delivery of public infrastructure and services. 4.10.5 Public Private Partnership ACT, 2020 (Act 1039) AN ACT to provide for the development, implementation and regulation of public private partnership arrangements between contracting authorities and private parties for the provision of infrastructure and services, to establish institutional arrangements for the regulation of public private partnerships, and to provide for related matters. 4.10.6 Ghana Investment Promotion Centre ACT, 2013 (865) AN ACT to provide for the Ghana Investment Promotion Centre as the agency of Government responsible for the encouragement and promotion of investments in Ghana, to 'provide for the creation of an attractive incentive framework and a transparent, predictable and facilitating environment for investments in Ghana and for related matters. 4.10.7 National Local Economic Development (LED) Policy 2013 The LED policy framework will allow Central Government to develop policies and programmes that determine how the public sector will invest, how infrastructure and services will be developed, how different economic sectors will be promoted, and how government will create a favourable legal and regulatory environment to support various aspects of economic activity. To be effective in achieving economic growth and human development objectives, these measures must be supported and reinforced by the actions of the MDAs and MMDAs, working in partnership with local communities and enterprises. The policy framework will enable Central Government and MMDAs to identify and enhance the opportunities for private sector and co-operatives that have large control of vast resources to act as catalysts for social organization and cohesion. The policy is expected to create an enabling environment for local enterprises to create more jobs, stimulate inclusive economic growth and develop local economies whiles enhancing the capacity of MMDAs to tax local enterprises. Local economic development is most importantly about people working together to achieve sustainable economic growth that brings economic benefits and quality of life improvements for all in the local community. The Goal is to facilitate economic growth, employment and income generation in order to promote household welfare and alleviate poverty. The Objectives are: 51 • Improve institutional arrangements and legislative framework for LED. Improve institutional arrangements for LED at all levels of government and the community through enhanced institutional, legal and regulatory framework to facilitate economic growth and employment. • Strengthen local economic competitiveness and LED governance. Strengthen SMEs through improved local competitiveness, transparency and accountability and stakeholder participation in LED processes. • Promote LED initiatives with emphasis on innovation and human development. Promote LED initiatives through an increased number of decent jobs, improved livelihoods and poverty reduction with emphasis on innovation and human development. • Provide urban and rural infrastructure to enhance quality service at the local level. Provide urban and rural infrastructure to support LED to ensure enhanced quality service delivery. • Identify and harness existing and potential natural, human and financial resources. Identify and exploit existing and potential natural resources, expertise and facilitate access to financial resources for LED. • Enhance Capacity of Local Economic Actors and LED Institutions. Equip local economic actors with the requisite skills, knowledge and attitudes and build capacity of LED institutions at all levels. • Build capacity of MMDAs to monitor environmental impacts of LED activities. 4.10.8 Ghana Trade Policy, 2018 The policy provides clear and transparent guidelines for the implementation of Government’s domestic and international trade agenda. It is also designed to ensure a consistent and stable policy environment within which the private sector and consumers can operate effectively and with certainty. The fundamental principle underlying the Trade Policy is that the private sector is the engine of growth, with Government providing a trade enabling environment to actively stimulate private sector initiatives. In view of Ghana’s relatively small market, economic growth must necessarily come through increased international trade. But this will also depend primarily on adding value to Ghana’s national resources and enhancing the competitiveness of local production which in turn can only be achieved through industrialisation. Hence, the Ministry of Trade and Industry has developed two parallel strategies to contribute to the realization of Government’s development objectives, namely: • An Export-Led Industrialisation Strategy • A Domestic Market-Led Industrialisation Strategy based on Import Competition Ghana’s Trade Policy will support these two strategies by first, promoting increased competitiveness of local producers in domestic and international markets based on fair and equal competition and secondly, by introducing an import and domestic trade regime which promotes and protects consumer interests. This will enhance industrial and agricultural production with increased employment and wealth for all Ghanaians and provide fair priced, better quality and a broader range of products for all Ghanaian consumers. 4.10.9 National Micro, Small and Medium Enterprises (MSME) and Entrepreneurship Policy The MSME and Entrepreneurship Policy is composed of a myriad of carefully structured policy prescriptions aimed at reforming the MSME sector and harmonizing government interventions to create sustainable growth pillars for the sector. The novel MSME and Entrepreneurship Policy is to anchor a new age of entrepreneurship within the sector. The policy will also help stimulate the growth of MSMEs to produce world-class products and services capable of competing locally and internationally. It is being implemented by the Ghana Enterprise Agency (GEA) and will provide the administrative, regulatory, institutional and legal framework for the growth and development of the sector. 52 4.10.10 Micro, Small and Medium Enterprises Classification Regulations, 2021 The purpose of the Regulation is to: • Determine the criteria for the classification of Micro, Small and Medium Enterprises in the Republic of Ghana • Provide a national definition for research activities and data collection relating to Micro, Small and Medium enterprises and • Facilitate compilation of a national register of Micro, Small and Medium Enterprises 4. 10.11 Ghana's Updated Nationally Determined Contribution The national development strategy aims to build a resilient society that can adequately withstand the impacts of climate change and contribute to mitigating global emissions. As part of the national strategy, Ghana has developed 19 policy actions in 10 priority areas to achieve nationally determined contribution goals in the next decade. The 19 policy actions translate into 13 adaptation and 34 mitigation programmes of action (referred to as measures). The 19 policy actions that have the potential to maximise the synergies between adaptation and economic diversification, resulting in mitigation co-benefits, will lead to the following outcomes in the long term: • Accelerate sustainable energy transition • Build resilient economies and societies • Enhance early warning and disaster risk management • Enhance landscape restoration • Ensure responsible production and consumption • Foster social inclusion focusing on youth and women • Provide smart and safe communities Ghana expects that implementing the 19 policy actions will achieve the following by 2030: • Generate absolute greenhouse gas (GHG) emission reductions of 64 MtCO2e. • Avoid at least 2,900 premature deaths per year from improved air quality. • Create over one million decent and green jobs and • Benefit cumulatively nearly 38 million people, with the majority being the youth and women. 4.11 Overview of Institutional Framework 4.11.1 National Agencies and Institutions Ministry of Finance The Ministry was established under sections 11 & 13 of the Civil Service Law 1993 (PNDCL 327) as amended by an Executive Instrument 28 (E.I. 28) Civil Service (Ministries) (Amendment Instrument, 2017). The Ministry was established to ensure effective and efficient Macroeconomic and Financial Management of Ghana’s economy. The goal of the Ministry is to: • Ensure efficient and effective management of the economy towards the attainment of upper middle- income status and poverty reduction 53 • Formulate, implement, monitor and evaluate macroeconomic, fiscal and financial policies for sustainable development. • Ensure effective mobilization of domestic and external resources. • Ensure efficient and effective allocation and prudent management of resources. • Establish and disseminate performance-oriented guidelines and deploy efficient financial management information systems • Ensure commitment to transparency, probity and accountability in the management of financial resources • Ensure sustainability of public debt • Development of an efficient financial sector that supports structural transformation of the economy, promotes financial inclusion and is well integrated into the global financial system. Ministry of Trade and Industry The Ministry of Trade and Industry (MOTI) is one of the Ministries of the Government of Ghana established under the 1992 Constitution and the Civil Service Law to develop and implement Government’s trade and industry policies and programmes. The mission of the Ministry is to develop a vibrant, technology-driven, liberalized and competitive trade and industrial sector that significantly contributes to inclusive and sustainable economic growth and employment creation, particularly involving mass mobilization of rural communities and other vulnerable groups including women. In order to realize this mission, the Ministry of Trade and Industry develops and implements strategic trade, industry and private sector policies, programmes and interventions using well trained and highly motivated personnel to provide efficient, effective and quality services to the business and industrial community, especially private sector operators. The objectives of the Ministry are: • To formulate and harmonize trade and industrial policies to ensure inter-sectoral collaboration in implementation • To improve entrepreneurial skills and facilitate access to credit and markets • To create an effective institutional support structure for improved productivity at the district level • To develop standards and quality systems to meet production requirements for local and international markets, and • To provide trade and industrial information to stakeholders Agencies of the Ministry of Trade and Industry relevant to the project are: Ghana Export Promotion Authority The Ghana Export Promotion Authority (GEPA) is the National Export Trade Support Institution of the Ministry of Trade and Industry (MOTI) responsible for the facilitation, development and promotion of Ghanaian exports. GEPA was established by Act 396 in 1969 as an agency of the Ministry of Trade and Industry with the mandate to develop and promote Ghanaian exports. The entities focus has primarily been to diversify Ghana’s export base from the traditional Gold and other unprocessed minerals, Cocoa Beans, Timber Logs and Lumber. Currently there are over 383 different Non-Traditional Export products categorised as Agricultural, Processed/Semi Processed and Handicrafts. Export Trade in Services is a new and recent addition to the non-traditional export portfolio. 54 Ghana Enterprises Agency (GEA) The Ghana Enterprises Agency is to promote and develop MSMEs in Ghana. The NBSSI was replaced by the Ghana Enterprises Agency in November 2020. Its aim is to interrelate, administer and stimulate the development of Micro, Small, and Medium Scale Enterprises (MSMEs) Ghana Standards Authority The Ghana Standards Authority (GSA) which is the national Standards body was established by the Standards Decree, 1967 (NLCD 199) which has been superseded by the Standards Decree, 1973 (NRCD 173). The Authority is also the custodian of the Weights and Measures Decree (NRCD 326, 1975). These legislations together mandate the Authority to undertake: • National Standards development and dissemination; • Testing Services; • Inspection Activities • Product certification scheme • Calibration, Verification and Inspection of Weights, Measures and Weighing and Measuring Instruments • Pattern approval of new weighing and measuring instruments • Destination Inspection of imported High Risk goods • Promoting Quality Management Systems in Industry • Advice the Ministry of Trade, Industry, on standards and related issues Ghana Free Zones Authority (GFZA) The Ghana Free Zones Authority was established by an Act of Parliament, Act 504 in 1995, to establish free zones in Ghana for the promotion of economic development and to provide for the regulation of activities in free zones and for related purposes. The Free Zones programme is designed to promote processing and manufacturing of goods through the establishment of Export Processing Zones (EPZs). It also encourages the development of commercial activities at seaports and airports areas. Ministry of Environment, Science, Technology and Innovation (MESTI) Ensure accelerated socio-economic development of the nation through the formulation of sound policies and a regulatory framework to promote the use of appropriate environmentally friendly, scientific, and technological practices and techniques. The Ministry has set out key policies relevant to the proposed interventions which are geared towards addressing • Reduction in environmental pollution • Enhancing Climate Change Resilience • Reducing greenhouse gases • Mainstreaming science, technology and innovation in all socio-economic activities and • Ensuring availability of clean, affordable and accessible energy Ghana’s Environmental Protection Agency (EPA) The Ghana EPA was established in 1994 through the Act EPA Act 490 (1994). Prior to this, it existed as Environmental Protection Council (EPC). Policy and overall direction are provided by a 13-member Governing Board. An Executive Director Manages the agency’s operations and administration. The unit’s most relevant to the Program are the Environmental Assessment and Audit (EAA) Department and the 55 Regional EPA Offices. The EAA Department is headed by a Deputy Director and has a staff of seven professionals. It administers the intersectoral EA/TRC, prepares guidance documents such as EA sectoral guidelines and conducts review of full EISs prepared for high-risk category A projects. In its review function, it can draw on experts in other EPA departments specifically Natural Resources, Built Environment, Manufacturing Industries and Environmental Quality. Given the nature and scale of the subprojects under the Program, it is certain that no subprojects will require a full ESIA and hence it is anticipated that the National EPA will not be directly involved in the processing and review of any subprojects. All subprojects are expected to be screened and a number will be required to prepare ESMPs and processed and issued permits by the Regional EPA. LI 1652 provides for significant financial penalties or imprisonment of up to one year, or both, for commencing an undertaking without an environmental permit or failure to prepare an EIS for projects listed in Schedule 2. Most of the enforcement is carried out by the Regional EPA. EPA applies administrative sanctions including fines in routine cases and has a Legal Department that provides support in complex or contentious cases that result in litigation. The National EPA has a Training Institute located in Greater Accra that provides EIA training to proponents and practitioners based on demand. The training course normally runs for 5 days. It has its own accommodation and can be tapped by the Program to run EA and other relevant Trainings for MMDAs. National Entrepreneurship and Innovation Program (NEIP) The National Entrepreneurship & Innovation Program (NEIP) is a flagship policy initiative of the Government of Ghana. Its primary objective is to provide an integrated national support for start-ups and small businesses. NEIP primarily focuses on providing business development services; startup incubators and funding for young businesses to enable them grow and become successful. The National Entrepreneurship and Innovation Program (NEIP) is therefore set within the context of Ghana’s long-term strategic vision of consolidating its middle-income status, building an industry-driven economy capable of providing decent jobs that are suitable and sustainable for development. Ministry of Employment and Labor Relation In line with Sections 11 and 13 of the Civil Service Act, 1993 (PNDC Law 327), the Ministry of Employment and Labor Relations (MELR) was established by Executive Instrument (EI 28), January 2017. The Ministry is the lead policy agency of government in terms of employment and labor related issues. The MELR has the mandate of formulating policies on employment and labor issues, developing sector plans, coordinating sector specific interventions, promoting harmonious labor relations and workplace safety, promoting the elimination of child labor, monitoring and evaluating the implementation of policies, programs and projects for accelerated employment creation for national development. Related functions of the Ministry are: • Initiate, formulate and coordinate sector policies and programs, as well as schemes to ensure sustainable accelerated employment generation and human capital development; • Develop strategies and mechanisms to ensure and promote industrial peace and harmony; • Develop and periodically review all legal and policy instruments for the sector; • Ensure the development and review of appropriate information management systems to facilitate the availability of timely, relevant and accurate employment and labor statistics; • Coordinate all national employment initiatives with the collaboration of relevant stakeholders of the economy; • Ensure the monitoring and evaluation of sector policies, programs and projects in relation to gainful employment-generation and the promotion of industrial harmony; 56 • Promote best modern management practices, systems and procedures in all sectors of the economy to enhance labor productivity; • Ensure fair and equitable wages and salaries for employees in all sectors of the economy; • Ensure the provision of employable skills and apprenticeship particularly to the youth through vocational and technical training at all levels, to promote decent and sustainable jobs; • Ensure occupational safety and health for all workers in both the formal and informal sectors; • Ensure all work places conform to labor laws though labor inspection; and • Facilitate the development of vibrant co-operatives, medium and small-scale enterprises for employment generation and poverty reduction. Ministry of Local Government and Rural Development The Ministry of Local Government and Rural Development and its departments and agencies belong to the Central Management Agencies category of Government Machinery with the mandate to ensure good governance and balanced development of Metropolitan / Municipal / District Assemblies. The Ministry derives its mandate from the 1992 constitution and section 12 of the PNDCL 327 which provides the responsibilities of Ministries. 4.11.2 Other Agencies Other Agencies Involved in Social Risk Management Several ministries, departments, and agencies (MDAs) have responsibilities (with some overlapping mandates) for social risk management in Ghana. This is largely because social issues are cross-cutting and includes: gender mainstreaming, community engagement and empowerment, sustainability, equity and inclusion and social accountability, sexual exploitation, and harassment, etc. The key institutions that have mandates on social risk management include Ministry of Gender, Children and Social Protection (MoGCSP), Ministry of Employment and Labour Relations (MELR), Department of Gender (DoG), Department of Children (DoC), Department of Social Development (DSD), Domestic Violence Secretariat (DVS), National Council for Persons with Disability (NCPD), Ministry of Information (MOI) and National Commission for Civic Education (NCCE). Civil Society Advocacy in Environmental and Social Awareness Civil society and media advocacy are one of the key promoters of environmental and social awareness. This contributes in a significant way to the decision-making process regarding to environmental and social risk management issues. CSOs and NGOs in Ghana are actively engaged in the environment and social risk management space on a wide range of issues including public awareness and environmental education, business start-ups, water sanitation and hygiene promotion, community self-help programs, land governance, SEA/SH issues etc. CSOs and NGOs have been increasingly involved in project preparation and implementation, public debate, hearings/consultations on EA, and monitoring compliance with environmental laws. The media have contributed to increased awareness and to changes in behavior. 57 CHAPTER 5: ASSESSMENT OF THE CLIENT’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS 5.1 Summary of Systems Assessment as the PforR Core Principles This section describes the E&S management systems in place to manage all identified E&S impacts associated with the program interventions detailed in Chapter 2, especially adverse risks and impacts. It describes the main elements of applicable client’s systems and provides an analysis of the acceptability and alignment to the Bank’s six (6) core PforR principles on E&S. That is, the analysis will show the extent to which the applicable systems are consistent with the core principles and key planning elements expressed in the Bank Guidance Program-for-Results Financing Environmental and Social Systems Assessment. It also provides a review of aspects where gaps exist between the two. The assessment was done using the following criteria: ▪ An analysis of the strengths of the existing environmental and social due diligence system, or where it functions effectively and efficiently and is consistent with Bank Policy and Directive for Program-for-Results Financing. ▪ Identification of inconsistencies and gaps between the principles espoused in Bank Policy and Directive for Program-for-Results Financing and capacity constraints and gaps in existing capacity; and ▪ Based on the above findings, recommendations to fill gaps and proposed mitigation measures and actions to strengthen the existing system to ensure environmental and social soundness and long- term sustainability in line with the design and implementation and operation of program interventions across the project areas. A detailed assessment of the environmental and social systems of the proposed implementing associated with program implementation was carried out against the core principles during the ESSA preparation process. Based on this assessment specific findings and recommendations in line with ensuring that any identified gaps are and actions that can be incorporated into the Program Action Plan (PAP) are presented. These recommendations will help ensure that during program implementation, any potential impacts and risks are managed with adequate Environmental and Social due diligence protocols via actions in built within the program. Information from the analysis and the resulting identification of gaps and opportunities/actions were used to inform the recommendations presented in the PAP to manage the E&S risks during program implementation. 58 5.1.1 Core Principle 1: General Principle of Environmental and Social Management Table 3: An Assessment of E&S Systems against the Six Core PforR Principles Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in Program design; (b) avoid, minimize or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s Bank Directive for Program-for-Results Financing: Program procedures will: ▪ Operate within an adequate legal and regulatory framework to guide environmental and social impact assessments at the program level. ▪ Incorporate recognized elements of environmental and social assessment good practice, including: ▪ early screening of potential effects; ▪ consideration of strategic, technical, and site alternatives (including the “no action� alternative); ▪ explicit assessment of potential induced, cumulative, and trans-boundary impacts; ▪ identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; ▪ clear articulation of institutional responsibilities and resources to support implementation of plans; and ▪ Responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redress measures. Applicability: YES • Summary: Core Principle 1 is considered in terms of environmental and social management for the Implementing Agencies (MOTI, NEIP, YouStart, and GEA) during implementation of the proposed Program, as a key instrument to establish and strengthen the existing environment and social management systems. The principle becomes more relevant because even though the Program investments are likely to have small to medium physical footprint with a varying degree of environmental and social impacts, the three implementing agencies demonstrated the existent of relevant laws and policies to manage the anticipated risks and impacts associated with the program. • Program activities at the Auto Development Center and Pharmaceutical companies and provision of water supply and sanitation facilities to these facilities could potentially generate environmental and social impacts due to raw materials extraction; solid and liquid waste discharges; potential land acquisition; occupational health and safety for workers, as well as air and water pollution during the construction phases. These operations may also lead to the generation of additional amounts of hazardous E-Waste during program implementation. • The program will be required to undertake environmental and social assessment and implementing measures via a program specific set of guidelines to be developed and implemented during the program as a key program action. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures • Automotive National Policies and Regulations: • Provisions to address Program-related • An Environmental and Social Component social risks are fragmented in different Management and Monitoring Manufacturing • The GoG has solid legal and legislations, many also overlapping. This Framework (incorporating a Policy adopted policy framework in place to may be the result of the fact that social requirement to address impacts on • Textile and protect, conserve, and mitigate risk management cuts across multiple vulnerable people and Gender-Based Garment adverse impacts and has, a matter institutions such as education, labor Violence (GBV), Sexual Exploitation manufacturing of fact, one of the oldest and most management, social and Abuse (SEA) and Sexual policy adopted established EIA System in Africa. protection/development, among others. Harassment (SH)) should be developed. • Governance and • The current EIA system of the Also, though in practice, the EPA ensures o The framework will draw from the operational GoG provides a comprehensive that environmental risks encompass National E&A Sectoral Guidelines framework for framework for (i) screening general social risks as part of the EIA of the implementing agencies. the Auto subprojects for potential process, the social impact assessment and o Will include an updated screening Development environmental and social impacts; risk management is limited. EPA focuses checklist used under manuals, and Center (ii) determining the level of more on environmental requirements and standard bid documents and • (ADC) environmental and social analysis does not provide adequate checks on the contracts to ensure compliance established and and specific plan to be prepared social impacts of the regulatory with environment and social includes private based on the outcomes of the requirements. For example, the EIA system within the Program. These sector screening; (iii) reviewing the regulation does not specifically require can be drawn from existing projects participation results of the assessment and plan the need to address impacts on vulnerable financed by the Bank in this sector. and clearing environmental o The framework will include • Regulations for people and Gender-Based Violence permitting process; (iv) (GBV), Sexual Exploitation and Abuse generic ESMPs/Environmental and implementing Social Codes of Conduct for Civil automotive monitoring and follow-up; and (v) (SEA) and Sexual Harassment (SH). determining penalty and sanctions • works, Due diligence requirements development The existing EIA system excludes many for violations and infractions to for voluntary land donations for the policy and auto subprojects that may be financed under operations of the auto center and component the system. The EA Regulations of the program, as per their scale and scope pharmaceutical companies. 1999 (LI 1652) is considered an and they will fall outside the threshold manufacturing o In addition to existing guidelines at policy important tool both at the central under Schedule 1 of LI 1652. Therefore, the implementing agencies and implemented government and regional/district the application of the current framework sectors involved, the ESMMF government levels. Indeed, the of the EPA and Regional EPAs and their should also provide mitigation (customs and Ghana EA system is consistent systems will be limited. measures to the identified gap standards) –for at with the core principles outlined in • There is limited guidance on screening areas. least 5 components Program for Results Financing. for potential environmental and social • The Environmental and Social screening • Governance and impacts and risks for those subprojects stage of ESIA process and specific outside thresholds under Schedule 1 of LI guidelines available in the GOG should T&G policy guide the preparation of a program 60 implementation National Environmental 1652 and therefore a program specific specific Environmental and Social framework Assessment Capacity screening criteria and due diligence screening framework for the project established • There are strong institutions in mechanism will be needed. financed civil works. • Pharmaceutical place for environmental • There is a lack of adequate resources for • The scope and nature of the subprojects policy adopted assessment. EPA to adequately monitor and enforce under the Program should be designed to • National and regional EPA are compliance to the EIA regulations and ensure they are not located in known active and onboard to ensure social risk management. Availability of natural habitats of importance, including compliance with EIA regulations. adequate staff and financial resources, the protected areas, known sites of EPA’s authority to enforce proper administrative and political will of the biodiversity importance documented or environmental management enforcement agencies and the level of buffer zones of protected areas, practices is largely respected by awareness of environmental laws are community forests or sacred groves and both private sector and critical requirements for effective important biodiversity sites in the government agencies, and it has enforcement of environmental and social communities and uses its enforcement authority legislation. • Specific training on E&S due diligence when developments proceed • EPA’s enforcement and compliance and management should be conducted without following EA Regulations system, monitoring and evaluation, and on an annual basis for the project teams- (LI 1652). knowledge management systems need to including engineers and teams • Existence of comprehensive be strengthened. Regional offices would associated with the implementation of standards (LI 1652) and EA be a valuable resource for monitoring the DLIs. sectoral guidelines for the Health implementation of EISs and ESMPs in o This will focus on strengthening of sector, including guidelines on the the field. systems to manage environmental management of pharmaceuticals • EPA maintains a website that provides and social risks within the health and other health waste which is information about the agency but could sector programs. covered by the program is a plus. be better utilized for posting documents o Facilitate sound implementation of • A number of Bank projects have for public access, such as recently issued the E&S actions as part of the worked with the MoF and MoTI in permits, E&A scoping reports, draft and Program Action Plan. the past helping build capacity on final EISs, and EMPs. • Implementing agencies staff capacities environmental due diligence • EPA currently does not have offices and need to improve to carry out their tasks systems within agencies (NEIP, staff at the district level to supervise and as effectively as possible. The EPA GEA, YouStart etc.). promote their activities at that level. should be encouraged by the Program to • Shortage of staffing may also be a provide adequate staff and operating There is an already existing challenge, as there are no specific staff budget in the regional offices and ensure Safeguards unit within these 61 agencies supporting World Bank assigned to undertake environmental and that emphasis is placed on EIS and financed Ghana Economic social screening. A mechanism therefore ESMP compliance monitoring program. will be needed to train a cohort of staff (including promotion of self-monitoring within sector agencies. by project developers). Training and Grievance Mechanism vital equipment should be provided the • There exist Grievance assigned staff to improve this situation. Mechanisms (GMs) through the While this not within the scope of the existing World Bank projects such program, it is a recommendation to the as the Ghana Economic EPA overall. Transformation Program) which • The framework will refer to the existing the implementing agencies can National Guidelines of the leverage to manage program implementing agencies and sectors and related grievances. promote capacity building awareness • EPA has a Grievance Mechanism around the same. The Program actions (GM) that registers public already include actions such as concerns and ensures their equipment provision for service delivery resolution in a timely, efficient, and better management of overall and transparent manner. program delivery across the various Complaints can be received via a sectors. call center with a dedicated line. Environmental and Social Awareness by Civil Society • There exist a large army of active civil society players in the sectors who contribute significantly to increased awareness on environmental and social and behavioral change. • The existing laws assign functions to some institutions such as the 62 Environmental Protection Agency (EPA) (Act 490) and National Sanitation Policy (1999). 5.1.2 Core Principle 2: Natural Habitats and Physical Cultural Resources Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to avoid, minimize and mitigate against adverse effects on natural habitats and physical cultural resources resulting from program. Bank Directive for Program-for-Results Financing: As relevant, the program to be supported: ▪ Includes appropriate measures for early identification and screening of potentially important biodiversity and cultural resource areas. ▪ Supports and promotes the conservation, maintenance, and rehabilitation of natural habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities. ▪ Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects Applicability: YES Summary: The provisions in Core Principle 2 are considered as part of the environmental and social management assessment process analysed under Core Principle 1. The Program will not support investments that would either affect or convert critical natural habitats and will avoid conversion of natural habitat. Activities funded through the Program will not likely generate adverse impact on natural habitats and physical and cultural resources since civil works will only be situated in built up areas and within existing right-of-way and premises of the ADC and existing pharmaceutical companies. • It is expected that civil works will have smaller physical footprint because of the exclusion criteria outlined earlier. • Installations and or construction/rehabilitation and operation of ADC and existing pharmaceutical companies will ensure however that all activities are screened, and due diligence and chance find procedures pertaining to fauna and flora and physical cultural resources will be included in the criteria used. Suggestions to Fill Gaps/Proposed Mitigation Applicable DLIs Systems Assessment Gaps Measures • Governance and • National proclamation and EIA • Weak enforcement of civil • The scope and nature of the subprojects under operational procedural guidelines are consistent contracts and inadequate the Program is such that there is limited framework for the with the principle of environmental monitoring during likelihood they will cause adverse effects on Auto protection. construction. natural habitats and physical cultural Development • Screening criteria for projects in • Weak capacity to assess the property. This can be further established via a Center national parks, areas containing potential impacts on the 63 • (ADC) endangered flora and fauna and cultural natural habitats and physical negative list and siting criteria and via established and resources are established under cultural resources. adequate public consultation in rural areas. includes private Schedule 3 of LI 1652. • During excavation works, • Preliminary identification and E and S sector • The existing legislation for EIA process known or unknown physical screening of sub- projects within the Program participation considers impacts on natural habitats cultural resources like can be screened against the criteria for • Regulations for and physical cultural resources as antiquities, relics of cultural ensuring no Natural Habitats or sites of implementing mentioned in Schedule 3 of LI 1652. and religious valued resources physical cultural resource importance are automotive • The Program will exclude subprojects might not be properly impacted either via siting or proximity to development that have adverse impacts on natural identified and be affected. project interventions. policy and auto habitats and physical cultural resources. • The sub-program interventions and . component • The National Museums Decree, 1969 infrastructure design should take into account manufacturing and Executive instrument (EI 118) of potential adverse effects on physical cultural policy 1969 and the National Museums property and as warranted, provide adequate implemented Regulation (EI 29) of 1973 provide measures to avoid, minimize, or mitigate such (customs and adequate guidelines on chance find. effects if identified. standards) –for at o Chance find procedures should be made a least 5 key requisite provision in E and S components management provisions in civil works • Governance and contracts for all infrastructure subprojects T&G policy and will be denoted in the E and S implementation Management and Monitoring Framework framework for the program which is to be developed all- established encompassing under Core Principle 1. The • Pharmaceutical framework should not replicate existing policy adopted guidelines for the Health Sector but rather make reference to the same. • Improve the level of awareness on safeguarding threatened habitats through capacity building programs. 64 5.1.3 Core Principle 3: Public and Worker Safety Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) construction and/or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Bank Directive for Program-for-Results Financing: ▪ Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed. ▪ Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions. ▪ Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events. Applicability: YES SUMMARY: The provisions in Core Principle # 3 are considered as part of the ESIA process analyzed under Core Principle # 1. Installations and operations of the ADC, pharmaceuticals and T&G production sites, and operation of associated renewable energy systems and water and wastewater systems, expose the general public, as well as construction workers to risks such as dust, air pollution, noise, water pollution, solid waste and toxic or hazardous materials at sites during civil works, which directly or indirectly result in occupational safety impacts. In addition, workers of ADC, pharmaceutical companies, and T&G production sites also face the risk of exposure to infections and other risks during the operation of the facility. Therefore, Core Principle 3 is fully applicable to the Program. Suggestions to Fill Gaps/ Applicable DLIs Systems Assessment Gaps Proposed Mitigation Measures • At least 250 • Assessment of the Ghana’s EA Systems reveals that the • Though there are both • The E&S assessment for sub- people enrolled Factories, Offices and Shops Act, 1970 (Act 328), the national cross-sectoral program interventions as annually in the Labour Act, 2003 (Act 561), and Public Health Act, 2012 laws on occupational required by EA LI 1652 ADC training (Act 851) have some regulations about public safety and health and safety there are should fully incorporate center, as occupational health and safety management. The shortfalls in the application measures to safeguard public specified [age Workmen’s Compensation Law 1987(PNDC 187) also of these policies especially and worker safety group 18-30, % relates to compensation for personal injuries caused by in agencies that are • The program should women] accidents at work and hence, indirectly impacts on recently established. incorporate measures to (scalable) monitoring worker and workplace safety. The Radiation improve sensitization of 65 • Implementation Protection Board of the Ghana Atomic Energy factory workers and improve of investment Commission also regulates companies with radiation compliance and enforcement plans by licensed exposure hazards. of existing occupational auto investors • The health sector has an occupational health and safety health and safety policies and (scalable) policy in place since 2010 guidelines. • Garment • HeFRA, as part of their accreditation process, considers manufacturing issues of public and workers’ safety. firms are export • The EPA requires that attention be paid to public and ready (scalable) worker safety as part of the EIA process. However, these • Garment are very limited in scope given the multifaceted nature of factories obtain public health and occupational health and safety within the energy efficiency Ghanaian setting. The existing Factories, Offices and certification Shops Act, 1979 (Act 328) limits occupational health and (scalable) safety issues to only factories, offices (Hospitals are • Pharmaceuticals included in the category of offices), and shops to the policy adopted exclusion of other workplaces. 5.1.4 Core Principle 4: Land Acquisition Bank Policy for Program-for-Results Financing: Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards. Bank Directive for Program-for-Results Financing: As relevant, the program to be supported: ▪ Avoids or minimizes land acquisition and related adverse impacts; ▪ Identifies and addresses economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy; ▪ Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access; ▪ Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and ▪ Restores or replaces public infrastructure and community services that may be adversely affected. Applicability: YES Summary 66 The civil works anticipated under the program are expected to be onsite activities in existing vehicle assembling factories, ADC, pharmaceutical companies, and T&G operation sites and no new land acquisition or restrictions on land use are envisaged under the Program. Though these risks and impacts are judged to be limited, the proposed interventions can lead to livelihood losses if any land necessary for such investments is currently encroached upon. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures • At least 250 people The new Ghana Land Act, • The Ghana system does not recognize • The Program will step up due diligence enrolled annually in 2020 (Act 1036) seeks to the rights to compensation for persons on land donations. Develop a template the ADC training revise and consolidate the and entities who do not have a legal to facilitate screening and due center, as specified laws on land, with the view to title to the land they occupy (including diligence documentation of new land [age group 18-30, % harmonising those laws to squatters and encroachers who may donations. women] (scalable) ensure sustainable land lose assets and/or their livelihoods). • The Program will screen sites • Implementation of administration and • Limited knowledge and capacity of proposed for civil works to identify the investment plans by management and effective Ministries, Departments and Agencies different types of Program-affected land tenure. The Act seeks to licensed auto (MDAs) and Metropolitan, Municipal persons, assess their losses and consolidate the various investors (scalable) legislation on land into one and District Assemblies (MMDAs) on entitlements and pay compensation for • Garment enactment to provide easy the compulsory acquisition losses identified. manufacturing firms access to legislation on land regulations, processes and procedures. • The Program will appoint safeguards are export ready and help remove the overlaps • There is a dearth of expertise to focal persons at the regional level to (scalable) and inconsistencies prepare and implement quality oversee safeguards implementation at • Garment factories associated with land RAPs/ARAPs. the district and sub district level and obtain energy legislation. • Land Valuation Division is not usually build their capacity to conduct efficiency While the new Act addresses engaged by MDAs and MMDAs in the appropriate assessments to ensure that certification many challenges with the acquisition of land by their respective such beneficiary communities have (scalable) previous system (including institutions and preparation of adequate land to support livelihoods of the lack of clarity where there • Pharmaceuticals RAPs/ARAPs. These are mainly its members after any such donations. is physical displacement policy adopted requiring resettlement outsourced to external consultants. • Establishment of appropriate and planning, including • In some cases, there is a history of transparent mechanisms for livelihood restoration, physical works having started without consultation and documentation at all consultations and disclosure fully implementing the RAPs/ARAPs. levels. processes), there is a limited • Compensation is focused on cash • The existing procedure for history of application of the payments for replacement of land and resettlement needs to be strengthened new Act to assess its assets, not land for land or restoration to include restoration of livelihoods of 67 effectiveness and the record of livelihoods. The legal framework project affected people. This could be of agencies charged with does not explicitly state that done by coordinating with other enforcing its provisions. livelihoods should be restored to schemes of the government at all previous levels or better. levels, which focuses on income • Inadequate technical capacity of the restoration. Program staff on the preparation and implementation of RAPs/ARAPs and other social management instruments such as livelihood restoration plans and GMs. 5.1.5 Core Principle 5: Social Considerations - Indigenous Peoples and Vulnerable Groups Bank Policy for Program-for-Results Financing: Due consideration is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups. Bank Directive for Program-for-Results Financing: • Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially affected (positively or negatively) to determine whether there is broad community support for the program. • Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples. • Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits. Applicability: YES SUMMARY There are no groups in Ghana that meet the World Bank's criteria for Indigenous Peoples. However, there are policies and laws that protect vulnerable groups. The civil works anticipated under the program are expected to be onsite activities in existing government health facilities and the risks and impacts are judged to be limited. However, the proposed interventions can lead to livelihood losses if any land necessary for such investments is currently encroached upon. In addition, construction and refurbishment activities envisaged could present risks related to child labor and labor influx if not managed properly. Other risks and impacts relate to the health and safety of the community and workers, including risks of sexual exploitation and 68 abuse and sexual harassment (SEA/SH) of health care workers, women, and children, in communities where the construction and renovation activities would take place. These could potentially affect persons who qualify as vulnerable. Another risk is the possible exacerbation of pre-existing barriers to both enrolment in the NHIS and accessing services faced by poor and vulnerable groups. These barriers include: administrative requirements for insurance enrolment and for claiming benefits, out-of-pocket costs of health services that are not covered by insurance (or are not claimed from NHIS by the health facility which then charges the patient directly), poor physical/geographic access to services, lack of specialized services for certain groups (i.e., disabled), and gaps in supply and quality of health care services more broadly. The PforR will work on reducing these various barriers. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures • Communication • National and Institutional Frameworks • Attention should be paid to and outreach • Ghana has a fairly good number of legislations and groups vulnerable to hardship or strategy finalized policies to support the needs or concerns of who are disadvantaged, • At least 15,000 vulnerable groups. These are governed by a number including the poor, the disabled, • Lack of clear guidance women and children, and the applicants of Acts e.g.: (i) Persons with Disability Act, 2006 and procedures to elderly. Special measures screened and (Act 715) that provides for consideration of persons manage inclusion of should be taken to promote trained annually with disability in design and implementation of vulnerable groups. equitable access to program (scalable) infrastructure, including provision of access for • At least 5,000 individuals with physical disability; (ii) Domestic • Lack of gender benefits. beneficiaries Violence Act, 2007 (Act 732) that provides for the mainstream strategies • Assign Social Development and receive BDS protection of women and children from domestic to facilitate inclusion Gender focal persons to the annually violence including Gender-Based Violence (GBV); of gender equity in main implementing agencies (scalable) (iii) Children’s Act, 1998 (Act 560) to reform and Programs and regional and district health • At least 3,000 consolidate the law relating to protection of services directorates, and train beneficiaries children, to provide for the rights of the children, • Lack of an action plan them to follow up planning, receive grant maintenance and adoption, regulate child labour to implement the implementation, and monitoring support annually and apprenticeship; (iv) Ghana AIDS Commission Health Sector Gender of Gender equality and social (scalable) Act, 2002 (Act 613) that establishes a commission Policy. inclusion issues. to formulate a national HIV/AIDS policy, develop • Within the context of addressing programs for the implementation of the policy and pre-existing barriers to direct and co-ordinate the programs and activities in registration and access to the fight against HIV/AIDS; and, (v) Juvenile services by poor and vulnerable 69 Justice Act, 2003 (Act 653) to provide a juvenile people, service improvements justice system, to protect the rights of juveniles, and potential adjustments to ensure an appropriate and individual response to healthcare charges or national juvenile offenders, among others. health insurance registration fee • The National Disability Policy of 2004 and the and premium adjustments, the Persons with Disability Act, 2006, (Act 715), Program will also need to sought to mainstream the needs of persons with strengthen its public disabilities into the national development process. communication capacity. A key aspect is the amendment of the building code • Improve capacity of to make offices and public buildings accessible to implementing agencies in the persons with disabilities. The main policy challenge identification of vulnerable for vulnerable people particularly persons with groups and to consider their disabilities is how to improve their training and concerns in the design and skills development, increase their productivity and implementation of activities employability, and ensure adequate provision of under the Program; medical and psychological support whenever development project inadvertently displace or • Mainstream the interest of impact on them. vulnerable groups and gender • The National Social Protection Policy provides a considerations in the program activities. framework for holistic and proper targeting of vulnerable households for rehabilitative, • Make the organs responsible for restorative, protective, and facilitative support. the development and protection There are many government efforts to mainstream of women, children, elderly and interest of underserved / marginalized people and PWD as well as identified vulnerable groups in development projects. marginalized groups as an However, more effort is needed to ensure such integral part of the program support is well structured to provide sustainable and planning and implementation balanced benefit to vulnerable people. process. 70 5.1.6 Core Principle 6: Social Conflict Bank Policy for Program-for-Results Financing: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. • Bank Directive for Program-for-Results Financing: Considers conflict risks, including distributional equity and cultural sensitivities. Applicability: YES Summary The proposed Program will not exacerbate social conflict nor will it operate in a fragile state context, a post-conflict area or in areas subject to territorial disputes. The program is designed to yield significant social benefits to all citizens across all districts. Suggestions to Fill Applicable DLIs Systems Assessment Gaps Gaps/Proposed Mitigation Measures • Communication and outreach  Ensure meaningful stakeholder strategy finalized consultations throughout the life Based on the ESSA, Ghana has a • At least 15,000 applicants fairly good system for handling of the program screened and trained annually social conflicts, including a largely (scalable) respected traditional chieftaincy Meaningful consultation is • At least 5,000 beneficiaries system, civil policing, and recourse sometimes a challenge receive BDS annually (scalable) to the legal system. The few • At least 3,000 beneficiaries conflict-prone areas are localized receive grant support annually incidents. The risk is low. (scalable) 5.2 Implementing Agencies E&S Systems Assessment An assessment of the E&S management systems of the main implementing agencies, namely MoF, MoTI, NEIP, GEA, and supporting agencies was undertaken. The agency specific assessments identified the institutional strengths and gaps as related to the Policies and procedures for environmental and social due diligence, E&S capacity, and stakeholder engagement and grievance mechanisms. The ESSA presents recommendations to strengthen institutional level systems for managing potential impacts and risks on environmental, social, health and safety. Table 4: An assessment of the E&S management systems of the main implementing agencies 71 Anticipated Role in Policies and procedures for Organizational E&S Stakeholder Engagement and Agency Program environmental and social due Capacity Grievance Mechanisms diligence Overall coordination and • The Ministry appoints fiduciary oversight for • Environmental Assessment environmental and social program Regulations, 1999 (LI 1652), as (E&S) specialists to lead amended (2002) E&S risk management and • Environmental Protection Agency stakeholder consultations. Act, 1994 (Act 490) • The Specialists reports • Wetland Management (RAMSAR Inadequate budgetary through the program/project Ministry of sites) Regulation, 1999 allocations and lack of coordinators and the Finance (MoF) • Water Use Regulations, 2001 (LI trained staff are identified as Director in-charge to the 1692) the major problems. project to the Chief Director • Lands (Statutory Wayleaves) Act, of Ministry of Finance. 1963 (Act 186) • Forestry Commission Act, 1999 The Ministry is guided by the Civil Service Code of Conduct (Act 571) issued by the Head of Civil Service. Overall coordination of • The staff of the Ministry employment issues, the and its agencies possess labour market and job • Labour Act, 2003 (Act 651) high level skills in social creation interventions in • Pensions Act, 2008 safeguards related to the Ghana – Member of Project • Factories, Shops and Offices Act labour laws of Ghana Steering Committee • The Ministry does not have Ministry of • Cooperatives Decree, 1960 and the national any policy for stakeholder Employment and • National Employment Policy, employment policies. engagement and grievance Labour Relations 2015 • The staff lack redress (MELR) • National Green Jobs Strategy, understanding of 2021 environmental and social • National Plan of Action on Child safeguards relating to Labour World Bank standards and framework. • lack of trained staff, 72 • inadequate budgetary allocations, • lack of equipment- testing kits, computers etc., • Lack of laboratories to do environmental quality testing. Implementing Partner NEIP currently Using the World Bank There is a gender desk unit that National ESSA developed under the World handles issues of GBV and Entrepreneurship Bank Project of the GETP. Understaff on E&S (Only Sexual harassment. and Innovation NEIP strictly work with the youth two staff dedicated to E&S) Full policy programme for Program (NEIP) policy in Ghana which is clear that women and male entrepreneurs youth eligible for work is from 18-35. with disability. Implementing partner Stakeholders’ engagement carried out in the Agency at these levels; Strong safeguards policy •Engagement of staff on the Gender and disability policy Project and what is expected of Ghana Enterprise Inadequate budget support Experience with GETP them Agency Presence across all regions •Engagement of relevant external stakeholders at the national, regional and district levels National Youth Policy Moderate Capacity- Have educational • Inadequate budgetary qualifications relevant to technical allocation National Youth role but require training on E & S • Late releases of funds Authority (NYA) screening and management • Lack of trained staffs procedures, have at least 2 years’ due to retirement experience in E&S management Provides quality control and Strong engagements with There is a laid down procedure Ghana Standards • ISO 14001:2015 Environmental standardization for program other regulatory agencies for the investigation and redress Authority Management Standard such as: of complaints and grievances. 73 • ISO 9001:2018 Quality • Environmental Management System Standard Protection Agency • ISO 45001:2018 Occupational (EPA) Health and Safety Management • National Petroleum System Standard Agency (NPA) • GSA Policy on Occupational • Food and Drugs health and Safety Authority (FDA) • GSA Policy on Health and • Customs Division of the Wellness Ghana Revenue Authority • Association of Ghana Industries • Ghana Shippers Authority • Council for Scientific and Industrial Research (CSIR) • Consumer Protection Agency 74 CHAPTER 6: PROGRAM ACTION PLAN (PAP) AND RECOMMENDATIONS This section recommends measures that will be taken to strengthen system performance in line with the gaps and risks identified in the Environmental and Social System Assessment section to ensure that the Program interventions are aligned with the Core Principles of Bank Policy for Program-for-Results financing. The identified key areas are elucidated below. These actions may be further refined and adjusted during the consultation process and the implementation of the Program. 6.1 Environmental Summary and Recommendations Key Gaps Identified Key environmental gaps identified in this ESSA are described below: • The National legislative due diligence structure on E and S risk management and Environmental Impact Assessment (EIA) procedural guidelines are largely consistent with the principle of environmental protection; however, some proposed program interventions may fall outside the permissible thresholds for EIA within the country which is a key gap observed. • There is already a national screening criterion for projects in national parks, areas containing endangered flora and fauna and cultural resources as established under Schedule 3 of LI 1652. The existing legislation for EIA process considers impacts on natural habitats and physical cultural resources as mentioned in Schedule 3 of LI 1652, however its implementation in smaller sub projects needs to be well defined. • Lack of designated focal personnel within the regional, district and community levels to manage the environmental risks and impacts of proposed interventions. 6.2 Recommendations for Management of Key Environmental Gaps Identified The key gaps identified above can be further managed via the following recommendations on the Environmental side that can be incorporated into the Program Action Plan for sound environmental due diligence and management of activities: • There is a need to establish a program specific E&S screening and management framework process using the GOG’s guidelines to ensure sound management of E&S risks and impacts in project financed works. • A Program specific Environmental and Social Management and Monitoring Framework (ESMMF) should be developed. This framework will provide a systematic due diligence process to be followed by program implementing agencies using national and international best practice. Such a framework will help the GOG, MoF, MOTI and other implementing institutions use the same for future programs. This includes the following: ✓ The framework will draw from the EPA’s EA Sectoral Guidelines for the trade and industry. This framework can recommend measures to cover subprojects falling outside Schedule 1 of LI 1652. ✓ The framework will include a screening checklist for environment and social due diligence. ✓ The framework will include a generic Environmental and Social Management Plan (ESMP) and Environmental and Social Codes of Conduct for works, punitive clauses for contractors, management of obsolete waste and hazardous waste equipment, and operations and monitoring requirements and standard formats for monitoring. ✓ It will define responsibilities within the program implementation structure that the MOF, MOTI and other allied agencies will follow. • Appoint one Environmental Specialist at the Secretariat and assign Focal Personnel within the implementing institutions to advise and oversee the implementation of environmental safeguards. • A training program on E&S management should be developed to be incorporated into the Program’s overall training and capacity building programs. • Specific training on E&S due diligence and management should be conducted on an annual basis for the project teams - including teams associated with the implementation of automotive, pharmaceutical, and textiles and garments components of the. This will focus on strengthening of country, MOTI and implementing agencies’ systems to manage E&S risks. • Capacity building will also facilitate sound implementation of the E & S actions as part of the Program Action Plan. • While the Program will exclude subprojects that have adverse impacts on natural habitats and physical cultural resources, the scope and nature of the subprojects under the Program should be designed to ensure they will not be located in known natural habitats of importance, including protected areas, known sites of biodiversity importance, documented or buffer zones of protected areas, community forests or sacred groves and important biodiversity sites in the communities – program activities will be conducted mainly in conducive and acceptable sites. • The Program should conduct annual performance review and audit on environment and social management focusing on at minimum the following: ✓ Program’s compliance with applicable national legislation on environment and involuntary resettlement especially as related to civil works; ✓ functioning of the Program Grievance Mechanism (GM); ✓ implementation of E&S actions in the PAP; ✓ implementation of E&S measures in the proposed ESMMF; and ✓ E&S capacity gaps among implementing institutions. 6.3 Social Summary and Recommendations Key Gaps Identified • Notwithstanding that, the EPA ensures environmental risks encompass general social risks as part of the EIA process, the social impact assessment and risk management is limited. EPA focuses more on environmental requirements and do not provide adequate checks on the social impacts of the regulatory requirements. For example, the EIA regulation does not specifically require the need to address impacts on vulnerable people and Gender-Based Violence (GBV), Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH). • There is limited guidance on screening for potential social impacts and risks for those subprojects outside thresholds and therefore a program specific social impacts screening criteria and due diligence mechanism will be needed. • There is lack of adequate resources for EPA and other mandated agencies to adequately monitor and enforce compliance with the EIA regulations and, more especially, social risk of programs and projects. There is inadequate social risk management staff and financial resources at most of the operational levels. There is also a lack of administrative and political will and the level of awareness of the social laws for effective enforcement of environmental and social legislation. • There is inadequate expertise to prepare social safeguards instruments (RAPs/ARAPs and other social management instruments such as SEPs) among program implementing agencies, and at most levels of the Ghana administrative system. Therefore, there is limited capacity of MDAs and MMDAs to prepare acceptable RAP/ARAPs. The statutory agency (LVD) is not usually engaged by MDAs and MMDAs in the preparation of RAPs/ARAPs. These are mainly outsourced to external consultants. In some cases, there is a history of works having started without fully implementing the RAPs/ARAPs. 76 • The quality of implementation of ESMPs/Environmental and Social Codes of Conduct in use is inconsistent due to the weak E and S capacity of some sector agencies at different levels (regional level, district level etc.) who are not familiar with the implementation of such instruments. • The Ghana legal framework does not recognize the rights to compensation for persons and entities who do not have a legal title to the land they occupy (including squatters and encroachers who may lose assets and/or their livelihoods). Compensation is overly focused on cash payments for replacement of land and assets, not restoration of livelihoods. The legal framework does not explicitly state that livelihoods should be restored to previous levels or better. • Lack of clear guidance and procedures to manage inclusion of vulnerable groups. Data on vulnerability profile (e.g., income levels, access to jobs) and how vulnerable groups are considered in jobs and businesses is lacking. Lack of gender mainstream strategies to facilitate inclusion of gender equity in Programs. 6.4 Recommendations for Management of Key Social Gaps Identified • The E&S capacity and staffing of MoF, MOTI and allied agencies need to be improved. Social Development and Gender focal persons must be assigned to the main implementing agencies at all levels, and trained to undertake screening, planning, implementation, and monitoring of social dimensions of the program. • The Program should prepare a stakeholder engagement plan that will take into the considerations the complexities and diversity of stakeholders involved in the project. • The program should develop GBV/SEA/SH Action Plan to address impacts on vulnerable people and Gender-Based Violence (GBV); Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH); • The program should also develop a harmonize GM where all implementing agencies will use to manage complaints and grievances associated with the project; a template to facilitate screening and due diligence on Program-affected persons, physical and economic displacement, land donations for program activities) at the different levels should be formulated and implemented. • The government should consider developing a national occupational health and safety policy. • The Program should assign safeguards officers at all levels to oversee E&S risks management and to ensure they have the capacity to conduct appropriate assessments. There is the need to establish appropriate and transparent mechanisms for consultation, grievance redressal and documentation at all levels. Such mechanism should incorporate and define clear roles and responsibilities for existing mechanisms (including rural enterprise agencies). • The existing procedures for resettlement need to be strengthened to include restoration of livelihoods of project affected people. This could be done by coordinating with other schemes of the government at all levels, which focuses on income restoration. • Attention should be paid to groups vulnerable to hardship or who are disadvantaged, including the poor, the disabled, women and children, and the elderly. Improve capacity of implementing agencies in the identification of vulnerable groups and to consider their concerns in the design and implementation of activities under the Program. Special measures should be taken to promote equitable access to program benefits. • The Program should include measures to ensure the Youstart Scheme strengthens its existing mechanisms to facilitate targeted social assistance to vulnerable groups. Within the context of addressing pre-existing barriers to registration and access to services by poor and vulnerable people, service improvements and potential adjustments to business registration fee and premium adjustments, the Program should strengthen the MoF, MOTI and allied agencies stakeholder consultation, grievance redressal and public communication capacity. 77 6.5 Program Action Plan Following the recommendations above, the breakdown of actions to be included in the Program Action Plan (PAP) with indicative timeline, responsibility for implementation and indicators for measuring the completion of such actions are detailed in the Table 5 below. Table 5: E&S Aspects to be included in the Program Action Plan SN Issue/Risk Action Description Responsibility Timing Completion Measurement 1. Hiring of qualified Environmental and The Program should hire at least one MoF, MOTI, The E&S Listed specialists Social Specialists qualified Environmental Specialist GEA, NEIP Specialists within included in the and one Social Specialist responsible the Secretariat team and for E&S risks mitigation (including should be hired maintained gender and social inclusion) at the prior to the throughout Secretariat and designate one Program Effective Program Environmental and Social Focal Person Date. implementation at participating institutions. The Focal Personnel should be appointed no more than 3 months after Program Effective Date 2. Issue of project financed physical The Program should in collaboration MoF, MOTI, The first six months A comprehensive E interventions not falling within GoG E and with the EPA and other relevant GEA, NEIP of program and S Management S due diligence thresholds and lack of regulatory agencies, develop an implementation. and Monitoring specific guidance for MSMEs for ESMMF for the sub-sectors, focusing on Framework 10 environmental and social risk management the program interventions at all levels. works and operational phases of the three This will include specific screening, sub-sectors. management tools covering both works and operational phases, an exclusion list, with respect to the conversion of natural habitats and physical cultural resources. The framework will also incorporate requirements to address impacts on vulnerable people and Gender-Based 10 The framework will be one all-encompassing document that covers E&S issues, risks and impacts. SN Issue/Risk Action Description Responsibility Timing Completion Measurement Violence (GBV), Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH)) for the sub-sectors should be formulated and implemented. 3. Capacity building of staff The Program should in collaboration MoF, MOTI, During Program Training reports with the EPA improve capacity of key implementation at implementing agencies on least once a year. environmental and social risk management within the Automotive, Textile and Garment and Pharmaceutical sector. This includes management staff of MoF, MOTI and all relevant departments and officials from the regional and district teams, associated with the Program. 4. Environmental and Social Compliance The Program should allocate adequate MoF, MOTI, On-going - During Monitoring reports monitoring budget for environmental and social Regional offices Program issues monitoring to relevant project implementation implementing agencies. The Environment and Social Management and Monitoring Framework will indicate the monitoring process. 5. Continuous improvement of E&S The Program should conduct annual MOF Annually E&S Audit Report performance E&S performance audit to validate existence of a functional E & S system and assess compliance to improve the Program’s E&S Performance. 6. Completion of documentation and certified The Program should step up due MoF, MOTI, Ongoing – during Evidence of duly site plans for to-be established or existing diligence on acquisitions. Develop a GEA and NEIP program documented and facilities template to facilitate screening and due implementation certified acquisition diligence documentation of all facilities. plans secured Screen sites proposed for works to identify the different types of Program- 79 SN Issue/Risk Action Description Responsibility Timing Completion Measurement affected persons, assess their losses and entitlements and pay compensation for losses identified. 7. Strengthen consultation, documentation, Address deficiencies in the Grievance MoF, MOTI , Throughout program Clear and grievance redress and public Mechanism outlined in the MoF, MOTI GEA, NEIP implementation functioning communication building on existing Client Service Charter (specifically, the systems for systems non-inclusion of specific roles, stakeholder responsibilities and timelines to guide consultation, resolution of complaints and grievances documentation, at every level. grievance redressal and public communication in Formalize roles and responsibilities of place the lower level management committees in stakeholder consultations, grievance management and general oversight of operations. . 8. Inadequate social assistance to vulnerable The Program should include measures to MoF, MOTI Throughout program Reports groups ensure the mechanisms to facilitate ,GEA, NEIP implementation targeted social assistance to vulnerable groups 9. Complex stakeholder needs and Prepare stakeholder engagement plan MoF, with Within the first six SEP expectations that is responsive to the complexities inputs from months of program and needs of all stakeholder groups MOTI, GEA, implementation NEIP 10. Potential increase in GBV/SEA/SH due to Prepare GBV/SEA/SH Action Plan MoF, with Within the first six GBV Action Plan desperation among prospective inputs from months of program beneficiaries MOTI, GEA, implementation NEIP 11. Poor labour and working conditions and Prepare Labor Management Procedure MoF, with Throughout program LMP weak OHS practices for Program inputs from implementation 80 SN Issue/Risk Action Description Responsibility Timing Completion Measurement MOTI, GEA, NEIP 12. Potential conflicts over selection process Prepare GRM to manage complaints and MoF, with Throughout program GRM grievances associated with project inputs from implementation MOTI, GEA, NEIP 81 ANNEXES Annex 1: Stakeholders Consulted during ESSA Preparation Name of Stakeholder Contact Person Contact Phone Contact Email Remark 1. MoF John Woledzi JWoledzi@mofep.gov.gh Received 2. Ministry of Trade and Received Kwasi Ofori-Antwi 0249235020 k.ofori-antwi@moti.gov.gh Industry 3. Ghana Automotive Received Edward Kojo Annobil 0244322893 kemese2@gmail.com Development Centre Meet them discussed 4. Ghana Standards Macmillan macmillan.prentice@gsa.gov.gh with them but did not 0277711717 Authority Prentice/Adelaide /adelaide.aikins@gsa.gov.gh submit after several follow-up Got through to them but they needed authorization from 5. Ministry of Transport Irene Odokai Messiba 0201164510 iremess@yahoo.com superiors before they could go ahead to fill the document Justice 6. Customs Division Yadjayime/Sharon 0207224990/0244634015 yadjayime@yahoo.com (GRA) Quaye Got through to them but they needed 7. Ghana Investment authorization from Kwaku Anane 0244991417 kwaku.anane@gipc.gov.gh Promotion Centre superiors before they could go ahead to fill the document 8. DVLA Eric Benti Addison 0244592835 Got through to them 9. Ghana Free Zones Lawrence Osei-Boateng 0208667729 lawrence.osei-boateng@gfza.gov.gh but did not submit as Authority promised 82 Got through to them 10. Ghana Export Mr. Alexander Dadzawa 0244573076 Alexander.dadzawa@gepa.gov.gh but did not submit as Promotion Authority promised 11. Ministry of Received Environment, Science, Cephas Adjei Mensah 0244888566 cephas.mensah@mesti.gov.gh Technology and Innovation 12. Ghana Automobile Received Kohji Yanaka 0243498702 kyanaka@toyotaghana.com Dealers Association 13. Abossey Okai Spare Received Parts Dealers Clement Boateng 0544157995 caboateng@yahoo.com Association 14. Automobile Assemblers Jeffrey Oppong-Peprah 0507226238 Jeffrey.oppong.peprprah@vwsa.co.za Association of Ghana 15. Silver Star Automobile Was travelled Asad Nazir '0244315531 asad.nazir@silverstar-gh.com Limited 16. Automobiles Industry Manish Daryanani 0244327489 manish@stalliongroup.com Limited 17. Japan Motors Trading Received Salem Kalmoni 0244315777 Salem.kalmoni@japanmotors.com Company Limited 18. Hyundai Motor and Got through to them Ganesh Phadale 0244313127 phadale@stalliongroup.com but did not submit Investment Limited 19. Toyota Tsusho Received Manufacturing Akira Yamada 0596994833 akira_yamada＠toyota-tsusho.com Company Ltd Meet them discussed 20. Kantanka Automobile Francis Kodjo with them but did not 0208130736 kojokujoji@gmail.com Ghana Kudjordjie submit after several follow-up 21. African Association of David Coffey +27723234916 ceo@aaamafrica.com Automotive 83 Manufacturers (AAAM) 22. Vehicle and Assets Received Dealer Union of Bernard Ntrakwah 0244026282 Ghana 23. Ghana National Received Association of Elijah Tawiah 0243863118 tawiahelijah@gmail.com Garages Got through to them 24. AGAM Nana Pokuaa 0501610624 agamofghana@gmail.com but did not submit as promised Got through to them 25. Akosombo Industrial Philip.osafo@gmail.com Philip Osafo-Kwaako 0243239724 but did not submit as Company Limited osafo@akosombotextiles.com promised Got through to them 26. Volta Star Textiles Jerome Dunyo 0243569843 jerome2gh@yahoo.com but did not submit as Limited promised 27. Automobile Received Department, Accra Ing Dr. Moro Adams 0243219982 madams@atu.edu.gh Technical University 28. Kwame Nkrumah Received University Of Science Dr Godwin K. Ayetor 0243129514 and Technology Did not submit 29. YouStart Programme Patience Arko-Boham 0545505401 Pabban@mofep.gov.gh response 30. Ghana TVET Service Juliana Nkrumah 0208228723 nkrumah.juliana@yahoo.com Responded 31. National Youth pius.hadzide@nya.gov.gh Authority Pius Hadzide 0244380240 admin@nya.gov.gh Responded 32. Youth Employment Did not submit Agency Agya Yaw Nsiah 0546459101 agyansiah357@gmail.com response 84 33. Ministry of Local samuel.passah@mlgrd.gov.gh Government Samuel Passah 0244986858 passah.passah@gmail.com Responded 34. National Entrepreneurship and Franklin Owusu- Innovation Programme Karikari 02044980392 franklinkktv@gmail.com Received 35. Ghana Hubs Network Josiah Eyison 0506556809 kwesi@ispacegh.com Not Responded 36. Ghana Standards lydia.agbenyega@gsa.gov.gh Authority Lydia Agbenyega 0540670713 Razak 37. Food And Drugs Authority Nkrumah Emmanuel 0244254315 emmanuel.nkrumah@fda.gov.gh Responded 38. Registrar Generals Department/ Office of Registrar of companies Seth Appiah 0242243325 setapiaboahen@gmail.com Did not respond 39. Ghana Start-up Network Solomon Adjei 0243158017 kingzgoldweb@gmail.com Responded 40. National Council for Persons Living with Disability Esther Akua Gyamfi 0264237367 Could not be reached 41. CSOs and Media Edwin Zu-Cudjoe 0244046334 execdir@seghana.net Incomplete 42. National Entrepreneurship and Franklin Owusu- Innovation Programme Karikari 02044980392 franklinkktv@gmail.com Received 43. Ghana Hubs Network Josiah Eyison 0506556809 kwesi@ispacegh.com Not Responded 44. Ghana Enterprises Kosi Yankey-Ayeh 0209471555 kosi.yankey@gmail.com Agency Responded Jonas Yaw Amoako 0242952825 jonas.amoako@gea.gov.gh Responded 85 45. Ministry of Ernest Berko 0264511444 ernest.berko@melr.gov.gh Employment and Labour Relations Responded 46. Youth Employment Mr. Ibrahim Bashiru 0243145922 bashiruibrahim@gmail.com Agency Did not respond 47. Food and Drugs Evelyn M. Ohene 0208544495 Authority Responded 48. Ghana Investment Charles 0244877583 Promotion Centre Could be reached 49. Association of Ghana Seth Twum Akwaboa 0208157090 Industries Could not be reached 50. Ghana Federation Doris Abena Ndebyre 0246783286 dorisndebgre@gmail.com Disability Contacted but could not Organization respond 51. Young Woman Vera Naana Appiah 0246896941 Met in FGD Christian Association ywcaghana@gmail.com 52. Federation of Muslim Adiza Baba-Issah 0244378880 mma_adiza@yahoo.com Contacted but could not Women Association respond of Ghana 53. Rosswood Company 050 231 6233 | 054 604 Met as a beneficiary of Priscilla Asante info@myrosswood.com GEA Ltd 4523 Met as a beneficiary of 54. Royal Cedars Ltd Mildred Akotia 024480655 royalcedarsgh@gmail.com GEA 86 Annex 2: ESSA Questionnaire ESSA Data Collection Questionnaires You have been identified as a stakeholder who is expected to play a role during the implementation of the proposed Ghana Jobs for Youth through Competitiveness and Entrepreneurship Support Project to be financed by the World Bank. The information you provide will solely be used by the World Bank Task Team to prepare a report on the Environmental and Social Systems Assessment (ESSA) for the Project which will identify the environmental and social risks and impacts associated with the project, assess the ability of national frameworks and institutional systems to manage those risks and impacts, and recommend appropriate mitigation measures as needed. You are encouraged to self-populate the questionnaire with the required information while a member of the World Bank Task Team will reach out to you to assist in completing the questionnaire. Questions for Environmental and Social Agencies with Interest/Role in Project General Information 1. Name of Agency 2. Designation of Informant 3. Name of Informant 4. Date 5. Interest/anticipated role of Institution in Project ESSA Questions 1. What are the specific policies, laws and regulations that your agency uses for the assessment and management of environmental, social, health and safety risks. Please list the names of these instruments. (Please indicate the link to these documents if available on your agency website or attach them when sharing the completed questionnaire) 2. Does your agency have different E&S policies, regulations, guidelines for different levels of assignment? 3. Does the agency/institution have a designated unit or individuals assigned to work on Environmental and Social (E&S) due diligence? E.g. Organogram 87 4. What is the size of your office in terms of E&S Human Resources. How many Environmental Specialists? How many Social Specialists? How many Health and Safety specialists? 5. Are any of these staff dedicated to youth employment and related themes? If yes, how many? 6. How would you describe the capacity of the agency’s E&S staff? Please provide the following information. Indicate the typical profile in terms of educational qualifications, trainings received, years of experience etc. Good Capacity- Have educational qualification relevant to their role, have been trained on E & S screening and management processes, have at least 5 years’ experience in E&S management. Moderate Capacity- Have educational qualifications relevant to technical role but require training on E & S screening and management procedures, have at least 2 years’ experience in E&S management. Low Capacity- lack both educational qualifications and training and experience. 7. Does your agency have laboratory facilities or access to external laboratory facilities available to undertake Environmental Quality Monitoring- chemical analysis, water quality, soil quality testing for example. If the agency does not have their own laboratory facilities, please indicate where these services are provided from. 88 8. Does the agency have or have access to rent and use of environmental quality testing equipment- Air Emission and ambient noise monitoring devices, sampling kits for water quality etc. Please provide numbers if available and the various testing equipment available. If equipment is rented, please indicate from where? 9. How does the agency store data from monitoring activities- via a central database for example. Please provide information of how the monitoring data and information is stored and used. 10. Does the agency face any challenges in terms of when it comes to implementing its E&S mandate/responsibilities? E.g., lack of trained staff, inadequate budgetary allocations, lack of equipment- testing kits, computers etc., lack of laboratories to do environmental quality testing. Please provide these challenges in the form of succinct points. 11. Are there specific guidelines for Environmental, Social, Health and Safety requirements for the operation of your Agency. For example- Environmental Protection Licenses, Occupational Health and Safety Guideline etc. 12. Is your agency required to have any forms of environmental protection or operational license? If so, please provide the names and examples of these licenses if available. 13. Does your agency require special clearance or preparation of Environmental and Social Impact 89 Assessments (ESIAs/EIAs) or Environmental and Social Management Plans (ESMPs/EMPs) for any civil works, construction and rehabilitation works? If so, what are the thresholds or nature or scale of activities that require these actions? Please provide 1-2 examples of ESIAs/EIAs prepared by your agency if available and/or Terms of References. 14. Once an ESMP/EIA is approved how regularly does your agency conduct monitoring. Are contractors required to submit monitoring reports to your agency/institution? If so, how regularly? 15. What is the organizational policy, structure, procedure, and culture to carry out stakeholder engagement and publicly disclose appropriate information? 16. Are there specific disclosure and stakeholder engagement requirements for Environmental and Social studies/plans by your agency/institution? If so please provide what modes of disclosure that are used (online platforms, meetings, newspapers etc.), how long are typical disclosure periods (e.g. 30 days to 3 months)? 17. Does your agency monitor environmental compliance projects it undertakes? 18. Does the agency monitor health and safety compliance of projects it undertakes? 19. Does your agency have specific guidelines or regulations on the following key areas? • Occupational Health and Safety 90 • Community Health and Safety • Management of Sensitive Habitats and Biodiversity • Physical Cultural resources and heritage. • Land Acquisition and Resettlement • Labor Management If so, what are the provisions, i.e. what is allowed and what is prevented as per the guidelines? Please provide the names and copies of these guidelines with the questionnaire. 20. What are the standards that apply for waste water and air emissions from your facilities or this project? please provide the reference to these standards. 21. Does your agency have guidelines for the installation, operation and decommissioning of automotive, pharmaceutical, and textile/garment systems? If so please list these guidelines and provide copies. 22. Does your agency have a unit/department responsible for the prevention, monitoring and management of potential risks related to gender-based violence (GBV), sexual exploitation and abuse (SEA) and sexual harassment (SH)? 23. Is the unit/department adequately staffed with qualified and experienced personnel to deal with GBV, SEA and SH risks and incidents? Please provide number of staff, qualification and years of experience. 24. Does the agency have policy or guidelines for the monitoring, prevention and management of potential risks related to gender-based violence (GBV), sexual 91 exploitation and abuse (SEA) and sexual harassment (SH)? If yes, please share or provide link to location. 25. If the answer to above is no, how does the agency manage GBV, SEA and SH incidents? 26. Does the agency have policy or guidelines for the monitoring, prevention and management of potential risks related to child labour? If yes, please share or provide link to location. 27. If the answer to above is no, how does the agency manage child labour incidents? 28. Does your agency have any policy on gender and disability inclusion? If yes please specify them. List the measures put in place to remove barriers to inclusion and also to ensure participation 29. Does your institution have a grievance mechanism? If yes, please how do you engage with stakeholders Can you also share the grievance redress mechanism? 92 Annex 3: List Participants of Virtual ESSA Validation Workshop on 2nd May 2023 S/N Name of Participant Organization/Institution 1. Michael Lamptey YOUStart Sec. Ministry of Finance 2. Priscilla Asante Rosewood Company Ltd 3. George Amoasah WB 4. Abdul Razak Muhammed WB 5. Nana Poquah AGAM 6. Gloria Mahama WB 7. Jonas Yaw Amoako Ghana Enterprises Agency 8. Edwin Deteah 9. Mildred Akwatiah Akwaaba Fine Foods 10. Pascal Assan National Youth Authority 11. Samik Adhikari WB 12. Richmond Nii Doku AGAM 13. Kojo Head of Ghana Automobile Ltd 14. Emmanuel Sackey 15. Alexandar Dadzawa Ghana Export Authority 16. Eric Adomako Social Development Authority 17. Kweku Anane GIPC 18. Zukairu Mohammed Social Enterprise Ghana 19. Pius Hadzide National Youth Authority 20. Andy Ameckson YOUStart Secretariat, Ministry of Finance 21. Edward Ashong Lartey 22. Emmanuel Kwesi Sackey 23. Patience Abban Ministry of Finance 24. Kwesi Ofori Antwi 25. Ophelia Badjo Kwao 26. Jennifer Naa Dedei Tagoe 27. Charlotte Hayfron WB 93 Annex 4: Minutes of ESSA Validation Workshop Key issues of note during the ESSA Validation Workshop included: 1. Participants commended the Bank Team for compiling the ESSA Report largely agreed with majority key risks and mitigation measures proposed. 2. They however called for broader involvement of other line MDAs such as Ministry of Youth and Sports, NYA, GEPC, and allied agencies to specify the roles in the program implementation. This was in response to the special request by NYA to the TTL to consider including the Ministry of youth as one of the key implementing partners of this program. In response, the co-TTL said that the bank is only supporting existing/ongoing programs of the government so the implementation arrangement is largely the responsibility of GOG. Hence, any further discussions on that should be escalated to the appropriate authority in government. 3. Participants also recommended for the risks and recommended to be revised to be more specific. 4. The session advised for the preparation of the following key instruments to manage the social risks of the program: a. ESCP b. SEP c. GM d. GBA Action Plan 5. Participants were also requested to review the draft report and submit detailed comments and inputs for consideration by Friday 5th May 2023 94