Federal Republic of Nigeria _____________________________ Federal Ministry of Education ________________________________________________ Africa Centers of Excellence for Development Impact/ ACE Impact NIGERIA ____________ ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) Prepared by the Association of African Universities ______________________________ Revised version 29 October 2018 ESMF, ACE Impact Project, Nigeria Table of Contents List of acronyms and abbreviations .............................................................................................................. iv EXECUTIVE SUMMARY .................................................................................................................................. v I. PRESENTATION AND PURPOSE OF THE ESMF ............................................................................................. 1 I.1 Purpose of the ESMF ..............................................................................................................1 I.2 Timetable ...............................................................................................................................1 II. PROJECT DESCRIPTION .............................................................................................................................. 2 II.1 Project Development Objective .............................................................................................2 II.2 Components ..........................................................................................................................2 II.3 Institutional arrangements ....................................................................................................2 II.4 Budget...................................................................................................................................3 II.5 Biophysical and socioeconomic environment of the country ..................................................3 III. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORKS.................................................................................. 5 III.1 Policy framework..................................................................................................................5 III.3 International conventions .....................................................................................................5 III.2 National institutional framework ..........................................................................................6 II.4 Legal framework....................................................................................................................7 III.5 Procedures for environmental management.........................................................................8 III.6 World Bank safeguards policy ...............................................................................................8 III.8 Comparing national procedures and World Bank policies ................................................... 10 III.9 Other relevant policies ....................................................................................................... 10 III.10 Constitutional appeal bodies ............................................................................................ 11 IV. CONSULTATION OF STAKEHOLDERS ....................................................................................................... 12 IV.1 The stakeholders ................................................................................................................ 12 IV.2 Social engagement ............................................................................................................. 12 V. ENVIRONMENTAL AND SOCIAL EVALUATION OF THE PROJECT ................................................................ 14 V.1 Typology of the activities of the Project ............................................................................... 14 V.2 General environmental and social impacts .......................................................................... 14 V.3 General positive impacts ..................................................................................................... 14 V.4 Risks or negative impacts during the pre-construction phase .............................................. 14 V.5 Risks or negative impacts at the construction phase ............................................................ 15 V.6 Risks or negative impacts during the maintenance phase .................................................... 17 V.7 Measures mitigating the adverse impacts of the project ..................................................... 17 VI. ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCEDURES ................................................................ 22 VI.1 Screening of sub-projects ................................................................................................... 22 VI.2 Environmental and social management tools ..................................................................... 22 VII. MONITORING, CONTROL AND EVALUATION .......................................................................................... 26 ii ESMF, ACE Impact Project, Nigeria VII.1 Objectives of environmental and social monitoring and control ........................................ 26 VII.2 Responsibilities ................................................................................................................. 26 VII.3 Tracking indicators ............................................................................................................ 26 VIII. ACTION PLAN : KEY RECOMMENDATIONS ............................................................................................ 28 IX. ESTIMATED COSTS ................................................................................................................................. 29 ANNEXES .................................................................................................................................................... 30 Annex 1 : Existing National legal instruments applicable to environmental protection ................................. 31 Annex 2 : Excerpts of the Environmental Impact Assessment Decree no 86 of 1992..................................... 32 Annex 3 : Procedures in case of fortuitous discovery of physical cultural property ....................................... 34 Annex 4: Managing the risks of adverse impacts from temporary project induced labor influx ..................... 35 Annex 5 : Simplified Screening form (SSF) for environmental and social impacts ......................................... 37 Annex 6 : Terms of Reference : Preparation of an ESMP .............................................................................. 39 Annex 7: General Outline of a Worksites-Environmental and social Plan (W-ESMP) ..................................... 41 Annex 8 : Indicative list of environmental measures .................................................................................... 43 Annex 9 : Minutes of the Stakeholder Consultation ..................................................................................... 45 List of Tables Table 1 : Check list. Environmental and social risks and mitigation mesures Table 2 : Screening of sub-projects and responsibilities Table 3 : Tracking indicators __________ Currency equivalence (Exchange Rate Effective May 16, 2018): Nigerian Naira (NGN) 314.75 = 1US$ iii ESMF, ACE Impact Project, Nigeria List of acronyms and abbreviations ___________________________________________________________________ AAU Association of African Universities ACE Africa Center of Excellence ECOWAS Economic Community of West African States EIA Environmental Impact Assessment ESFS Environmental and Social Data Sheet ESIS Environmental and Social Information Sheet (ESIS) ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FMEnv Federal Ministry of Environment GHG Greenhouse gas IDA International Development Assistance MDAs Ministries, Agencies and Departments MESTI Ministry of Environment, Science, Technology and Innovation NCE National Council on Environment NEMA National Emergency Management Agency NESREA National Environmental Standards and Regulations Enforcement Agency NPE National Policy on the Environment NUC Nigerian Universities Commission OP Operational policy RFU Regional Facilitation Unit SSF Simplified Screening Form ToR Terms of Reference W-ESMP Worksite-Environmental and social Plan WB World Bank The Association of African Universities (AAU), in charge of implementing the ACE Impact Project, is the apex organization and forum for consultation, exchange of information and co-operation among institutions of higher education in Africa. It represents the voice of higher education in Africa on regional and international bodies and supports networking by institutions of higher education in teaching, research, information exchange and dissemination. . iv ESMF, ACE Impact Project, Nigeria EXECUTIVE SUMMARY I. PURPOSE AND OBJECTIVES OF THE ESMF The Environmental and Social Management Framework (ESMF) of the Africa Excellence Centers for Development Impact Project was prepared in Nigeria by the Association of African Universities (AAU) on behalf of the Federal Ministry of Education. It aims to provide a general view of the environmental and social conditions under which the Project is implemented. Since the exact locations of the intervention sites of the Project are not yet known, this ESMF has been prepared by the borrower to provide the standard procedure and institutional arrangements for environmental and social screening, categorization and approval of sub-projects as well as guidelines for the preparation, implementation and monitoring of the site specific environmental work (such as simplified Environmental and Social Impact Assessments/Environmental Management Plans (ESIAs/EMPs) or environmental measures). These site-specific instruments include environmental clauses to be inserted in contractors’ bidding documents . II. DESCRIPTION OF THE PROJECT The Project Development Objective is to improve the quality, quantity and development impact of postgraduate education in selected universities through regional specialization and collaboration. The project has three components :  Component 1 aims to build and strengthen the capacity of competitively selected ACE Impact centers based in higher education institutions across West and Central Africa.  Component 2 seeks to expand the regional scope of impact of the ACEs funded under Component 1 by providing demand-side funding for partnering institutions and regional students to buy training and services from the ACEs.  Component 3 will fund, through a Regional IDA grant of US$10 million to the Association of African Universities (AAU), the facilitation of the ACE Impact project’s regional activities and support to centers under the project. The total Project budget for activities in Nigeria is approximately USD 70 million - a credit from the International Development Association (IDA). The Association of African Universities (AAU) will be responsible for implementation support of Components 1 and 2 (as well as the overall regional facilitation of ACE Impact). A project team, established within the Nigeria Universities Commission (NUC), at the Federal Ministry of Education, will facilitate implementation of the ACE Impact project in Nigeria. III. POLITICAL, INSTITUTIONAL AND LEGAL FRAMEWORK In Nigeria, the protection of the environment constitutes a priority axis of the sustainable development policy. Mandate for environmental protection and management related to projects in various sectors of Nigerian economy are enforced under Federal, State and Local and relevant acts, rules, regulations and standards, and the common law of the Federal Republic of Nigeria; as well as International environmental agreements and treaties ratified by the Federal Government of Nigeria. National policy and regulatory frameworks Nigerian’s environmental and social management systems comprise several Government Policies at Federal and State levels that are related to giving direction towards effective environmental v ESMF, ACE Impact Project, Nigeria management. These laws emphasize protection, prevention and conservation of the natural resources and general environmental management.  The National Policy on the Environment (NPE) (1988, revised in 1999), is the key policy aiming at achieving sustainable development in Nigeria, particularly in order to: secure a quality of environment adequate for good health and wellbeing; conserve and use the environment and natural resources for the benefit of present and future generations; and raise public awareness and promote understanding of the essential linkages between the environment, resources and development, and encourage individuals and communities participation in environmental improvement efforts International conventions Nigeria is linked to the international community through bilateral and multilateral cooperation agreements and has ratified almost all international conventions related to environmental issues. Nigeria was among the first group of developing countries that signed the United Nations Framework Convention on Climate Change (UNFCCC) and became a party as soon as the convention came into force. Nigeria also signed, among others, the Convention on Biological Diversity (Biodiversity Treaty) in 1992 and the Convention on Combating Desertification in 1994 National policy framework In Nigeria, in the environmental sector, the institutional responsibilities are shared by three tiers of government: federal, state, and local. Federal institutions  The National Council on Environment (NCE) consists of the Minister of Environment, Minister of State for Environment, and State Commissioners of Environment and is the apex policy making organ on environment. The Council participates in the formulation, coordination, harmonization and implementation of national sustainable development policies and measures for broad national development.  The Federal Ministry of Environment (FMEnv) has the responsibility to administrate and enforce environmental laws in Nigeria, more specifically, especially by monitoring and enforcing environmental protection measures. Further, it ensures, in accordance with its mandatory functions, that implementation of projects/programs conforms to the Environmental Impact Assessment Act 1992.  The National Environmental Standards and Regulations Enforcement Agency (NESREA) assists the Federal Ministry of Environment (FMEnv) and the National Assembly to ensure compliance with environmental standards, guidelines and regulations. Some of its functions are to enforce compliance with : laws, guidelines, policies and standards on environmental matters; international agreements, protocols, conventions and treaties on the environment; and policies, standards, legislation and guidelines on water quality. It also ensures that environmental projects funded by donor organizations and external support agencies adhere to regulations in environmental safety and protection and enforces environmental control measures through registration, licensing and permitting Systems other than in the oil and gas sector.  Under the ACE Impact Project, NESREA will play a key role in ensuring that environmental and social recommendations are fully adhered to. State institutions The State Governments do have a Ministry of Environment and their own Environmental Protection Bodies for the purpose of maintaining good environmental quality in the area of related pollutants vi ESMF, ACE Impact Project, Nigeria under their control. In each state, the Ministry of Environment participates in the EA processes and in project decision-making. Legal framework Federal Legislation The Environmental Impact Assessment (EIA) is the most relevant environmental text for the ACE Impact Project is the EIA Act (No. 86 of 1992), which gives specific powers to the FMEnv to request and facilitate EIAs for all major public or private sector investments, i.e. any proposed physical work or activity that is likely to have significantly impacts on the environment.  The decree deals with all EIA-related issues including: (a) timing and processing of EIA; (b) content of an EIA report including the factors to be considered in the EIA; (c) public involvement in the EIA process and public disclosure; (d) trans-boundary impact (covering state and international boundaries); (e) definition and requirement of environmental management plans for polluting development projects; (f) review of EIA and conflict resolution mechanisms; (g) powers of the FEPA now defunct to further regulate the EIA process; and, (h) lists of activities subject to mandatory EIA. State Legislations In order to protect public health and safety, and to restore and enhance environmental quality, and sustain economic vitality through effective and efficient implementation of environmental programs, the States have State Ministries/EPA. Inter alia, these are empowered by the respective State Government to give direction to all issues concerning the environment, monitor and control pollution and the disposal of solid, gaseous and liquid wastes generated by various facilities in the states. Procedures for environmental management The Environmental Impact Assessment Act n. 86 of 1992 states the main principles of the EIA and the procedures related to the environmental assessment of projects. Among other things, the Decree defines: the structure of an environmental assessment; the situations when an EIA is not required; the procedures requiring – before the commencement of any project – a screening process and a screening report (and the outline of this report); the criteria used by the environmental Agency to approve or not approve a project; the role of a panel reviewing the agen cy’s decisions, etc. It requires that development projects be screened for their potential impact. Based on the screening, a full, partial, or no Environmental impact assessment may be required. World Bank safeguards policy The World Bank Environmental and Social Safeguards Guidelines and Operational Policies enable the integration of environmental and social considerations into the development, planning and execution of development projects. These policies are designed to: (i) protect the environment and society from the potential negative effects of projects, plans, programs and policies; (ii) reduce and manage the risks associated with implementation of project activities; and (iii) assist in better decision- making to ensure sustainability of activities.  The ACE Impact project is classified as "category B", because its adverse effects on the population or areas of environmental importance are limited, site-specific, and likely reversible, and mitigation measures can be more easily designed/implemented. Among all the World Bank environmental and social safeguard policies, two Operational Policies (OPs) and Bank procedures (BPs) are triggered under the ACE Impact Project, namely: vii ESMF, ACE Impact Project, Nigeria  OP/BP 4.01 Environmental Assessment, which covers impacts on the environment, human health and safety, physical cultural resources, and global transboundary and environmental issues. OP 4.01 is triggered because the Project is likely to have environmental risks and impacts on its area of influence. This policy requires that environmental and social consequences be identified early in the project cycle and considered in the selection, location, planning, and design of the project to minimize, prevent, reduce, or compensate for adverse impacts and thereby maximize positive impacts and include processes for mitigation and management of environmental and social impacts during the project cycle.  OP/BP 4.11 Cultural Physical Resources, which provides cultural heritage guidelines to avoid or mitigate adverse impacts of development projects. This policy applies to the following projects: (i) any project involving major excavation, demolition, earthworks, flooding or other environmental modifications; (ii) any project located on or near a site recognized as cultural property; (iii) any project designed to support the management or conservation of physical cultural property. As part of the ACE Impact Project, this will also concern buildings of historical value and which would be the subject of rehabilitation works. No other operational policies of the World Bank are triggered under Project ACE Impact.1 Under the Project, the following will also be used: (i) the World Bank Group’s Environmental, Health and Safety Guidelines; and (ii) the 2010 Access to Information Policy for wide dissemination of all information concerning the nature and objectives of a project. The World Bank Group guidelines on labor influx will also be applied during construction phase of the project. Comparing national procedures and World Bank policies In general, there is great convergence of views and similarity between Nigeria environmental and social management system and that of the World Bank. All laws, regulations and instruments governing investments and activities in the natural resources sector are generally consistent with the Bank procedures. Environmental and social management systems comprise legal policies that are broadly consistent with World Bank policies. However, there are also some gaps and discrepancies. When reviewed separately, some individual laws may not entirely reflect the principles of some policies. Detailed laws, regulations and guidelines have been developed and serve as the framework for environmental protection, but implementation has been poor due to inadequate enforcement. The ability of the relevant institutions to enforce the existent laws is rather weak and would require further strengthening. Implementation of the existing legal/regulatory provisions faces challenges, such as: multiple regulations; overstretched regulatory authorities; weak monitoring; inadequate and mismanaged funding; and a low degree of public awareness of environmental and social issues.  If policy discrepancy exists in some domains, World Bank policies will override national policies and regulations. 1 The other policies are the following: OP 4.04 Natural Habitats, which does not allow the financing of projects degrading or converting critical natural habitats; OP 4.12 Involuntary resettlement, which covers an impact on individuals or small businesses, with loss of housing or shelter, loss of income or, in some cases, expropriation of private land and physical displacement of dwellings or shelters. OP 4.09, Pest Management; OP 4.10: Indigenous Peoples; OP 4.36: Forests; OP 4.37 Safety of Dams; PO 7.50 International Waterways; and PO 7.60, Disputed Areas viii ESMF, ACE Impact Project, Nigeria IV. ENVIRONMENTAL AND SOCIAL EVALUATION OF THE PROJECT Typology of the activities of the Project The Centers of Excellence to be built or rehabilitated have not yet been selected. However, the main work that will likely be undertaken under the ACE Impact Project and that may have an environmental and social impact is as follows:  Construction of new buildings or other facilities within the current boundaries of university campuses;  Extension of current buildings and facilities;  Rehabilitation of old buildings and facilities, including repair of recent buildings that do not meet current standards. General environmental and social impacts Overall, in relation to these activities, all the negative or harmful environmental and social impacts that are likely to be generated by the Project will be limited in time and space.  The activities planned under the Project exclude any form of land or property acquisition or resettlement or physical displacement of populations (all work will be done in sites belonging to the universities). General positive impacts The Project will have many positive effects, which should be sustained over the long term. In general, it will help fight poverty and boost shared prosperity, as well as encourage investment in knowledge and skills in all sub-sectors of education. Promising investments will be made in regional infrastructure and economic integration, with a focus on initiatives to produce highly qualified human resources for priority growth sectors. More specifically, the Project will promote awareness among all national stakeholders about the environmental and social issues of Project activities and respect for the environment and the essential principles of sustainable development. Risks or negative impacts during the pre-construction phase During the pre-construction phase (preparation of the bidding documents), the main risk is the neglect of the environmental and social aspects and their low consideration during the technical studies and / or the preparation of unsatisfactory environmental studies. This risk can be compounded if the information aspects and public participation are not taken into account. Furthermore, site selection could include some potential environmental and social concerns and impacts: for example, in the siting of works on sections of campuses where they could conflict with adjoining land use outside the campus land, or on areas prone to soil erosion or damage. Key mitigation measures for these risks will be the following: (i) public and stakeholder consultation during site selection and preparation and validation of studies; (ii) quality control and implementation of validation procedures for environmental studies and their dissemination; and (iii) regular supervision of building sites by environmental experts (in addition to the control of the relevant national institutions in relation to contractual specifications).  The effects of climate change will be taken into account in the choice of materials, the overall design of buildings and the technological options for construction (e.g., energy efficiency). The building will be in consonance with local climatic, environmental, and meteorological conditions and will incorporate proper ventilation and provision of sunshine, air movement, and maximum usage of daylight.  Location and design of new buildings should also take into account site-specific risks (such as location near gullies which are prone to flooding and erosion; near water bodies and designated forests etc.). ix ESMF, ACE Impact Project, Nigeria  Sourcing of construction materials should be considered, especially given the risk of contractors using non-registered quarries, illegal sand-mining or creating new quarries through illegal extractions.  The design of the buildings under ACE Impact will take into account the gender dimension, especially in relation to the provision of a sufficient number of separate men's and women's washrooms (with the installation of lavatories, washbasins and urinals, etc.).  All facilities, whether to be built or rehabilitated, will be properly designed in strict compliance with national standards for the protection and promotion of persons with disabilities, by removing barriers for their inclusion and improving their accessibility to physical infrastructure. Risks or negative impacts at the construction phase Construction phase risks and impacts at the construction phase will be site specific. Despite the fact that they are manageable and small, this phase will have low to moderate impacts and could be a source of inconvenience for workers and all those living or working on university campuses. Of these impacts, the most important are : Air quality, noise, water and sanitation, solid waste  Pollution and nuisance (noise, dust) due to the construction of facilities.  Occasional forms of pollution generated in construction sites by waste.  Solid and liquid waste from construction sites.  Impact of some works on sources of drinking water.  Damage to some underground networks and even temporary suspension of certain services (water, electricity, etc.).  Emissions of greenhouse gas (GHG) related to the exhaust gases of construction vehicles, as well as olfactory nuisances, health risks and pollution. Vegetation and soils  Uprooting of trees and cutting of shrubs made necessary by certain activities, with reduction of green spaces.  Risks of localized soil degradation, despite the fact that washout works will be limited in depth.  Certain forms of soil erosion due to the construction activities.  Risk of subsidence and landslides due to possible excavation work.  Risks of floods, without the adoption of soil waterproofing techniques. Hygiene, health and safety of workers, residents and users  Accidents caused by construction machinery traffic and possible non-compliance with safety instructions.  Risk of accidents around unreported excavations and open trenches, unmarked and poorly lit.  Safety of university campus users due to poor organization of work sites and work areas.  Accidents of workers (scaffolding falls, misuse of equipment, electrocutions, etc.). Natural risks  Some of the proposed development could be affected by risks associated with the effects of climate change (in particular, risks associated with floods caused by heavy rains). Risks of conflicts between the workers and local populations  The works may have impacts on university campuses, with the likely restriction of vehicle and pedestrian traffic in the vicinity of construction sites, noise and dust-related inconvenience, space congestion caused by building materials, construction and construction waste, not to mention negative impacts due to the transformation of the landscape.  To avoid social tension, it is desirable to recruit a local workforce. x ESMF, ACE Impact Project, Nigeria  Although it is expected that selected contractors would recruit a local workforce, it can be expected that skilled and unskilled workers may be brought in for temporary periods from outside the community. This would potentially increase risks of sexual harassment, prostitution and underage sex on vulnerable sections of the local population, especially women and minors. Physical cultural resources  Some historic and archaeological buildings may be affected by the work and some excavations may reveal archaeological and historical remains. Risks or negative impacts during the maintenance phase During the occupancy and maintenance phase, project activities should not pose any particular environmental or social problems. Potential negative impacts might generally be due to: inadequate design; lack of a system for the collection and transfer of waste, in particular solid waste; a possible lack of an effective, regulatory and adapted sanitation system; lack of regular maintenance procedures; insufficient enforcement of security measures; and lack of appropriate measures for people with disabilities. Regulations of the National Emergency Management Agency (NEMA) ) and State Emergency Management Agency (SEMA) will be strictly adhered to (mainly in terms of fires or explosions, with the installation of smoke detectors, extinguishers, and alarm devices).  In compliance with national regulations, building companies working under the ACE Impact Project will be required to regularly monitor compliance with safety and health standards, and to periodically carry out measurements, analyses and assessments of environmental conditions and, where appropriate, undertake collective or individual protection measures to prevent damage to the safety and health of workers. Measures mitigating the adverse impacts of the project Different measures (identified in this report) will be planned to reduce the potential impacts during implementation of the various activities planned under the ACE Impact Project:  Normative measures to be complied with by the proponent and its contractors (companies carrying out the works), in accordance with national regulations and World Bank OP 4.01 and OP. 4.11;  Mitigation measures to reduce potential negative environmental and social effects; V. ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCEDURES Under the ACE Impact Project, all the activities (sub-projects) must be subjected to an environmental and social screening, a procedure aimed to :  Determine the nature and the extent of their anticipated adverse environmental and social impacts;  Define the most appropriate backup tool, depending on the nature and extent of these impacts;  Establish and implement appropriate mitigation measures. Harmonizing national and World Bank procedures Under the ACE IMPACT Project, the following sub-projects will be considered ineligible:  World Bank Category A subprojects, which may have very negative, diverse, irreversible environmental and social impacts.  Sub-projects for which the World Bank operational policies are not triggered. xi ESMF, ACE Impact Project, Nigeria In terms of Nigerian procedures (in compliance with the 2004 Environmental Impact Assessment (EIA):  The Federal Ministry of Environment (FMEnv) requests and facilitates EIAs for all major public or private sector investments, i.e. any proposed physical work or activity that is likely to have significantly impacts on the environment:  Registered sub-projects will be subject to a screening process, which aims at determining whether the proposed activity should be subjected to further assessment, and if so, the level of assessment that will be required.  FMEnv will more particularly deal with : timing and processing of EIA; content of an EIA report; public involvement in the EIA process and public disclosure; review of EIA and conflict resolution mechanisms; and lists of activities subject to mandatory EIA.  At the end of the process, an environmental authorization will be delivered by FMEnv. In terms of World Bank requirements (in compliance with POs 4.01 and 4.11):  An Environmental and Social Information Sheet (ESIS) will be drawn up to complement – if necessary - the Environmental Assessment Preliminary Registration Form.  The screening process would be complemented by the parallel preparation of a Simplified Screening Form (SSF) (see the template in Annex 1) to make it possible, among other things, to determine from the outset – in a direct and concise way - the scope and level of potential negative environmental and social impacts of any activity, as well as define the social management tool which is requiredor  For subprojects whose environmental and social impact will be considered low, a simple Environmental and Social Information Sheet (ESIS) will be drawn up. This will include appropriate measures to be eventually integrated into the Contractor’s technical specifications.  For sub-projects whose environmental and social impacts will be considered moderate, an Environmental and Social Management Plan (ESMP) will be prepared - even if, because of the nature of the works, a mandatory EIA is not required by Nigerian procedures). (This ESMF provides ToR and outline of an ESMP).  Key elements of the ESMP will be included in the Worksite-ESMP to be prepared by the contractor. The outline of this document as well as an indicative list of environmental measures to be taken by the contractor are provided in this report. Public consultations with key stakeholder will be hold during the entire process. Under the ACE Impact Project, an adequate Grievance Redress Mechanisms will be set up at the level of each participating university (E-system). Within this system, all environmental and social related complaints and grievances will be addressed in a timely, effective and efficient manner. VI. ENVIRONMENTAL AND SOCIAL MONITORING AND CONTROL xii ESMF, ACE Impact Project, Nigeria Environmental and Social monitoring and control is a crucial component of the ESMF during project implementation. The system aims to describe: (i) the elements to be monitored; (ii) monitoring methods and tools; (iii) the responsibilities for monitoring and reporting; and (iv) the periodicity of monitoring. Environmental and social internal monitoring is carried out by the Project's Safeguard expert with the aim of ensuring that environmental and social safeguards are respected. This monitoring will concretely include: (i) the inclusion of the mitigation measures recommended in the sub-project; (ii) the compliance oversight during the building activities; and (iii) the monitoring of environmental and social management measures in implementation of different activities.  The National Safeguards expert will be assisted by the Regional Safeguard Consultant at the Regional Facilitation Unit (RFU) (based in Accra, Ghana), whose role is to ensure consistent implementation and monitoring of safeguards measures in all the countries under the ACE Impact Project. The external environmental and social monitoring , carried out by federal / state environmental and social agencies, at their discretion, is intended to ensure compliance with national regulation and to verify the quality of implementation of environmental protection measures. VII. ACTION PLAN : MAIN RECOMMENDATIONS The main recommendations of the ESMF’s Action Plan of the ACE Impact Project in Nigeria are the following: (i) Environmental and social screening: By Project effectiveness, each participating university must have prepared the description of its subproject (facilities to be built or rehabilitated). This will enable the Project's safeguards expert, in collaboration with the federal / state agencies, to move quickly to the next steps on environmental and social safeguards. This process will be updated each year as the annual work plan is prepared. (ii) Qualified personnel: Each selected university will use the services of a qualified person (appointed or recruited), who will be in charge of implementing the safeguards measures, including monitoring, surveillance, control and evaluation of risk mitigation measures, and keep the partnership links with the federal / state agencies throughout the project. (iii) Operational Manual : The Project’s Operational Manual must include a section on the basic principles and regulatory measures of the ESMF, indicating in particular:  Subprojects’ screening procedures;  The respective responsibilities of different stakeholders (such as, issuance of environmental permit by the national environmental agency or preparation of complete Worksite ESMP, including a Safety and Hygiene Plan, by the contractors).  Mechanisms to control and monitor environmental & social indicators.  Costs of environmental and social safeguards. (iv) Information, sensitization and training on environmental and social management (ESM) issues: : Information and sensitization sessions on ESM will be provided to all stakeholders involved in implementation of the Project, including the building companies (contractors).  Within the context of the Impact boot camp that, prior to Project effectiveness, the AAU will organize for all university teams, special sessions will focus on environmental and social safeguards issues and the key elements of the ESMF. xiii ESMF, ACE Impact Project, Nigeria (v) Grievance redress mechanism : Under the regional e-system for grievances management, which will be created within each participating university / center, a special section will concern all environmental and social safeguards-related grievances. Once it has been discussed, approved and validated by all stakeholders, this Action Plan will be binding. VIII. BUDGET The budgeting for implementation of the ESMF will be done at two levels:  At the national level : each participating university will have a budget of a maximum of USD 50,000 to cover costs of technical measures related to environmental and social assessment procedures, including preparation and monitoring of ESIAs / ESMPs for sub-projects.  At the regional level: the AAU will reserve USD 200,000 for the regional safeguard consultant, national and regional disclosures, and associated missions/workshops All costs related to environmental and social risk mitigation measures will be included in the budgets of the individual sub-projects. xiv ESMF, ACE Impact Project, Nigeria I. PRESENTATION AND PURPOSE OF THE ESMF I.1 Purpose of the ESMF 1. The Environmental and Social Management Framework (ESMF) of the Africa Excellence Centers for Development Impact Project was prepared in Nigeria by the Association of African Universities (AAU) on behalf of the Federal Ministry of Education. It aims to provide a general view of the environmental and social conditions under which the Project is implemented. 2. Since the exact locations of the intervention sites of the Project are not yet known, this ESMF has been prepared by the borrower to provide the standard procedure and institutional arrangements for environmental and social screening, categorization and approval of sub-projects as well as guidelines for the preparation, implementation and monitoring of the site specific environmental work (such as simplified Environmental and Social Impact Assessments/Environmental Management Plans (ESIAs/EMPs) or environmental measures). These site-specific instruments include environmental clauses to be inserted in contractors’ bidding documents. 3. The main specific objectives of the ESMF are as follows  Integrate environmental and social issues into project planning.  Present the legal framework of social and environmental management in Nigeria.  Identify the main state and non-state institutions involved.  Establish a framework to identify, analyze and evaluate the potential environmental and social impacts of the activities planned under the project.  Define the methodology for subproject screening and required social and environmental safeguards.  Identify the main risk mitigation measures.  Clarify the roles and responsibilities of the stakeholders and define the monitoring and surveillance framework for implementation of the ESMF.  Determine budget implications for environmental and social project management. I.2 Timetable 4. The ESMF was presented to representatives of key stakeholders national public consultation. The minutes of the public consultation, held on Octover 24th, 2018, are presented in Annex 9. 5. The revised version of the ESMF, incorporating most of these comments and the minutes of the public consultation, and other safeguard instruments (such as ESIAs/ESMPs) will be disclosed on two National Dailies by the Federal Ministry of environment (FMEnv) as well as other relevant ministries, agencies and departments (MDAs), and on the website of the Federal Ministry of Education of Nigeria and the World Bank external website. 6. The publication and disclosure of the ESMF must imperatively be completed before the evaluation of the Project. 7. Printed paper versions of the ESMF will be available at the Federal Ministry of Education. 1 ESMF, ACE Impact Project, Nigeria II. PROJECT DESCRIPTION II.1 Project Development Objective 8. The Project Development Objective is to improve the quality, quantity and development impact of postgraduate education in selected universities through regional specialization and collaboration.. II.2 Components 9. Component 1 : Establishing new Africa Centers of Excellence and scaling up well-performing existing Africa Centers of Excellence (ACEs) for development impact. This component aims to build and strengthen the capacity of competitively selected ACE Impact centers based in higher education institutions across West and Central Africa.  Sub-component 1.1 will establish new centers of excellence for skills and knowledge for development challenges. About 30 centers will be competitively selected based on pre- established selection criteria to receive funding from ACE Impact Project.  Sub-component 1.2: Scaling up well-performing ACEs: This sub-component will provide additional funding and support to approximately 12 existing ACEs (currently supported through ACE I) to enable them to scale-up their activities.  Sub-component 1.3 Additional support to the best Engineering and Technology ACE institutions: Institutions will be selected to host an engineering and technology-focused ACE Impact center with capacity in other engineering and technology disciplines. 10. Component 2: Regional Partnerships and Scholarships. Component 2 seeks to expand the regional scope of impact of the ACEs funded under Component 1 by providing demand-side funding for partnering institutions and regional students to buy the training and services from the ACEs that are most relevant:  Sub-component 2.1 will support regional institutional partnerships between higher education institutions and the ACEs (under component 1 of the proposed project) to strengthen the capacity of the higher education institutions.  Sub-component 2.2 will finance two types of regional scholarships to support primarily the training of the next generation of faculty for higher education institutions in the region. 11. Component 3: Enhancing Regional Policymaking, Monitoring, and Facilitation. Component 3 will support regional policymaking for higher education and regional project monitoring and facilitation. Component 3 will fund, through a Regional IDA grant of US$10 million to the Association of African Universities (AAU), the facilitation of the ACE Impact project’s regional activities and support to centers under the project. II.3 Institutional arrangements 12. The Association of African Universities (AAU) will be responsible for implementation support of Components 1 and 2 (as well as the overall regional facilitation of ACE Impact). 13. A project team will be in place at the Nigeria Universities Commission (NUC) – one the agencies of the Federal Ministry of Education - to facilitate implementation of the Nigerian elements of the ACE Impact project, respectively (this is necessary due to the larger number of centers that Nigeria will host which will require a consolidated facilitation at the national level). 2 ESMF, ACE Impact Project, Nigeria II.4 Budget 14. The total Project Budget for activities in Nigeria is approximately USD 70 million, on the basis of a credit from the International Development Association (IDA). II.5 Biophysical and socioeconomic environment of the country 15. After the identification of the participating universities, the socio-environmental context of the sites will be described and analyzed in the Environmental and Social Data Sheets (ESDSs) and in the Environmental and Social Management Plans (ESMPs), which will eventually be prepared. 1 16. Nigeria has a population of about 160 million (47 percent of West Africa’s population) spread over a land area of 924,000 square kilometers, the country spans a wide variety of ecological zones ranging from the fringes of the Sahara Desert in the far North, through the savannah region in the middle part, the rain forests in the southern part and ending in the swampy Delta region with 850 kilometers stretch of coastline. The coastal zone of the country covering about 153,000 square kilometers is a fragile ecological area which is very rich in biological diversity. 17. Nigeria’s climate varies from arid in the north, tropical in the center and equatorial in the south. The climate is largely controlled by prevailing winds and nearness to the Atlantic Ocean. The two dominant air masses are the dry wind from the Sahara and the wet wind from the Atlantic Ocean. Marginal alterations have being recorded due to landform characteristics, configuration of surrounding shoreline and the generally flat topography of the country. Rainfall is the single most important element for defining the climatic seasons in the tropics. Hence, Nigeria has two dominant seasons; the wet and the dry seasons. Rainfall throughout Nigeria depends on the interaction of the tropical maritime air mass and the tropical continental mass which meet along the Inter-Tropical Convergence Zone (ITCZ). The annual average rainfall around the country is between 2000mm and 3000mm. 18. The southeast of Nigeria receives between 2,000 and 3,000 mm of rain per year. The southern region has a double rainfall maxima characterized by two high rainfall peaks. The tropical savanna climate or tropical wet and dry climate, is extensive in area and covers most of Western Nigeria to central Nigeria beginning from the Tropical rainforest climate boundary in southern Nigeria to the central part of Nigeria, where it exerts enormous influence on the region. The tropical savanna climate exhibits a well-marked rainy season and a dry season. Abuja, Nigeria's capital city, has an annual rainfall of about 1,500 mm. In the Sahel, with annual rainfall totals are lower compared to the southern and central part of Nigeria (the rainy season lasts for only three to four months (June–September). Finally, highland climate or mountain climate are found on highlands regions in Nigeria (well over 1,520 meters above sea level).2 19. Nigeria faces several key environmental challenges, such as the following:  Urbanization, caused by high population growth rate and rural-urban migration, is characterized by city slums with serious environmental consequences. Environmental conditions in cities have gradually deteriorated due to the rapid growth of the cities and the inability of social services and infrastructures to keep pace with the rate of growth. Urbanization is responsible for the rapid accumulation of solid waste. 1 See the outline of an ESMP in Annex 4. 2 Source for all this sub-section: Nigeria’s Second National Communication. Under the United Nations Convention on Climate Change, February 2014. 3 ESMF, ACE Impact Project, Nigeria  Overpopulation is major factor in all environment-related issues. It causes stresses on the environment, and misuse of environmental resources cause degradation, erosion, desertification, etc.  Desertification, induced either by natural process or by action of man, is more pronounced in the northern part of the country. Desertification leads to famine, diseases, destruction of crops, and extremely fragile livelihoods.  Environmental pollution (atmospheric, water and land or surface area pollution) has largely been created by the growth and development of industries and urbanization. 4 ESMF, ACE Impact Project, Nigeria III. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORKS 20. In Nigeria, the protection of the environment constitutes a priority axis of the sustainable development policy. This chapter provides an overview of the relevant policies, laws and regulations specifically addressing sectors relevant to the activities of the ACE Impact Project, and focuses on the environmental legislation, policies, frameworks and procedures that are likely to be applicable to the Project. 21. Mandate for environmental protection and management related to projects in various sectors of Nigerian economy are enforced under Federal, State and Local and relevant acts, rules, regulations and standards, and the common law of the Federal Republic of Nigeria; as well as international environmental agreements and treaties ratified by the Federal Republic of Nigeria. III.1 Policy framework 22. Nigerian’s environmental and social management systems comprise several Government Policies at Federal and State levels that are related to giving direction towards effective environmental management. These laws emphasize protection, prevention and conservation of the natural resources and general environmental management. The key environmental policies and legal framework and procedures considered as relevant under the ACE Impact are presented below.  The National Policy on the Environment (NPE) (1988, revised in 1999) is the key policy aiming at achieving sustainable development in Nigeria, particularly in order to: secure a quality of environment adequate for good health and wellbeing; conserve and use the environment and natural resources for the benefit of present and future generations; restore, maintain and enhance the ecosystems and ecological processes essential for the functioning of the biosphere to preserve biological diversity and the principle of optimum sustainable yield in the use of living natural resources and ecosystems; and raise public awareness and promote understanding of the essential linkages between the environment, resources and development, and encourage individuals and communities participation in environmental improvement efforts. III.3 International conventions 23. Nigeria is linked to the international community through bilateral and multilateral cooperation agreements and has ratified almost all international conventions related to environmental issues. Nigeria was among the first group of developing countries that signed the United Nations Framework Convention on Climate Change ( UNFCCC) and became a party as soon as the convention came into force. It signed the Convention on Biological Diversity (Biodiversity Treaty) in 1992; the Convention on Combating Desertification in 1994. Furthermore, Nigeria ratified the World Heritage Convention in 1974, as well as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in 2001. As such, it strives through implementation of development strategies, to observe international standards in terms of indicators of socio-economic development.1 In addition, Nigeria also has obligations to protect the environment through various 1 Nigeria is also a signatory to the following relevant international conventions: the Basel Convention on the control of hazardous wastes and their disposal; the Bonn Convention on conservation of Migratory Species; Stockholm Convention on Persistent Organic Pollutants; the African Convention on the Conservation of Nature and Natural Resources, The African Convention, 1968;; Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, 1973; the Framework Convention on Climate Change, Kyoto Protocol, 1995; the Convention on Biological Diversity, 1992; the Convention on the Prevention of Marine Pollution by Dumping of Waste, MARPOL, 1972. 5 ESMF, ACE Impact Project, Nigeria commitments to the African Union (AU), the Economic Community of West African States (ECOWAS) and the Commonwealth. It is also committed through relations with the European Community under the Lome IV Convention. III.2 National institutional framework 24. In Nigeria, in the environmental sector, the institutional responsibilities are shared by three tiers of government: federal, state, and local.2 Federal institutions 25. The National Council on Environment (NCE) consists of the Minister of Environment, Minister of State for Environment, and State Commissioners of Environment and is the apex policy making organ on environment. The Council participates in the formulation, coordination, harmonization and implementation of national sustainable development policies and measures for broad national development. The Council meets regularly to consider and receive States’ reports on environmental management; national environmental priorities and action plans as it affects Federal and State governments; and exchange ideas and information and where necessary the Federal Government through Federal Ministry of Environment gives financial and technical assistance to States having problems in implementing environmental policies. 26. The Federal Ministry of Environment (FMEnv) has responsibility to administrate and enforce environmental laws in Nigeria. The specific responsibilities of the ministry include: monitoring and enforcing environmental protection measures; enforcing international laws, conventions, protocols and treaties on the environment ; prescribing standards for and making regulations on air quality, water quality, pollution and effluent limitations, atmosphere and ozone protection, control of toxic and hazardous substances; and promoting cooperation with similar bodies in other countries and international agencies connected with environmental protection. Further, it ensures, in accordance with its mandatory functions, that implementation of projects/programs conforms to the Environmental (Impact) Assessment Act 1992.  The National Environmental Standards and Regulations Enforcement Agency (NESREA) (Act 2007) assists the Federal Ministry of Environment (FMEnv) and the National Assembly to ensure compliance with environmental standards, guidelines and regulations. NESREA has responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria’s natural resources in general and environmental technology including coordination and liaison with relevant stakeholders within and outside Nigeria on matters of enforcement of environmental standards, regulations, rules, laws, policies and guidelines. Some functions of the Agency are aimed to enforce compliance with : laws, guidelines, policies and standards on environmental matters; the provisions of international agreements, protocols, conventions and treaties on the environment; policies, standards, legislation and guidelines on water quality, Environmental Health and Sanitation, including pollution abatement; guidelines, and legislation on sustainable management of the ecosystem, biodiversity conservation and the development of Nigeria’s natural resources. It also ensures that environmental projects funded by donor organizations and external support agencies adhere to regulations in environmental safety and protection and enforces environmental control measures through registration, licensing and permitting. 2 See the list of main national legal instruments on environmental issues in Annex 1. 6 ESMF, ACE Impact Project, Nigeria  Under the ACE Impact Project, NESREA will play a key role in ensuring that environmental and social recommendations are fully adhered to. State institutions 27. The State Governments do have a Ministry of Environment and their own Environmental Protection Bodies for the purpose of maintaining good environmental quality in the area of related pollutants under their control. In each state, the Ministry of Environment participates in the EA processes and in project decision-making that helps prevent or minimize impacts and to mitigate them and ensures conformity with applicable standards, environmental and social liability investigations, monitoring and evaluation process, etc. The Federal Ministry of Education The areas of statutory responsibilities and functions of the Federal Ministry of Education, in charge of the implementation of the ACE Impact in Nigeria, are, among others, the following: Formulate and coordinate a national policy on education; prescribe and maintain uniform standards of education throughout the country; harmonize educational policies and procedures of all the States of the Federation through the instrumentality of the National Council on Education; effect cooperation in educational matters on an international scale; and develop curricula and syllabuses at the national level. The Federal Ministry of Education is currently divided into 13 Departments, each headed by a Director.These Departments are responsible for co-ordinating specific policy and implementation activities relating to the role of the Ministry in education delivery in Nigeria. The National Policy on Education (NPE) which was reviewed in 2013 provides a lead on the development of Tertiary Education in Nigeria. Higher Education policies and implementation in Nigeria are co-ordinated by two Departments of the Federal Ministry of Education. They are responsible for supervising higher education agencies which also have responsibility for supervising or regulating higher educational institutions. The Departments are the Department of Tertiary Education (DTE) and the Department of Technology and Science Education (DTSE) The ministry supervises the work of 24 different agencies - including the National Universities Commission (NUC), in charge of implementing the ACE Impact Project. NCU is a statutory body with both regulatory and quality assurance functions. As at July 2018, there are 41 federal universities, 47 State owned universities and 74 private universities (total of 162 Universities) II.4 Legal framework Federal Legislation 28. The 2004 Environmental Impact Assessment (EIA) is the most relevant environmental text for the ACE Impact Project. The EIA Act (No. 86 of 1992) gives specific powers to the FMEnv to request and facilitate EIAs for all major public or private sector investments, i.e. any proposed physical work or activity that is likely to have significantly impacts on the environment. 7 ESMF, ACE Impact Project, Nigeria  The decree deals with all EIA-related issues including: (a) timing and processing of EIA; (b) content of an EIA report including the factors to be considered in the EIA; (c) public involvement in the EIA process and public disclosure; (d) trans-boundary impact (covering state and international boundaries); (e) definition and requirement of environmental management plans for polluting development projects; (f) review of EIA and conflict resolution mechanisms; (g) powers of the FEPA now defunct to further regulate the EIA process; and, (h) lists of activities subject to mandatory EIA. State Legislations 29. In order to protect public health and safety, and to restore and enhance environmental quality, and sustain economic vitality through effective and efficient implementation of environmental programs, the States have State Ministries/EPA. Inter alia, these are empowered by the respective State Government to give direction to all issues concerning the environment, monitor and control pollution and the disposal of solid, gaseous and liquid wastes generated by various facilities in the states. 30. Some of the State functions include: (i) Liaising with the Federal Ministry of Environment, (FMEnv) to achieve a healthy or better management of the environment via development of National Policy on Environment; (ii) co-operating with FMEnv and other National Directorates/Agencies in the performance of environmental functions including environmental education/awareness to the citizenry; and (iii) monitoring implementation of EIA studies and other environmental studies for all development projects in the State. III.5 Procedures for environmental management 31. The Environmental Impact Assessment Act n. 86 of 1992 states the main principles of the EIA and the procedures related to the environmental assessment of projects.3 Among other things, the Decree defines: the structure of an environmental assessment; the situations when an EIA is not required; the procedures requiring – before the commencement of any project – a screening process and a screening report (and the outline of this report); the criteria used by the environmental Agency to approve or not approve a project; the role of a panel reviewing the agency’s decisions, etc.  The decree requires that development projects be screened for their potential environmental and social impacts. Based on the screening, a full, partial, or no Environmental impact assessment may be required. Guidelines issued in 1995 direct the screening process. According to these guidelines, - Category I projects will require a full Environmental Impact Assessment (EIA). - Category II projects may require only a partial EIA, which will focus on mitigation and Environmental planning measures, unless the project is located near an environmentally sensitive area--in which case a full EIA is required. - Category III projects are considered to have “essentially beneficial impacts” on the environment, for which the Federal Ministry of the Environment will prepare an Environmental Impact Statement. III.6 World Bank safeguards policy 32. The World Bank Environmental and Social Safeguards Guidelines and Operational Policies enable the integration of environmental and social considerations into the development, planning and execution of development projects. These policies are designed to: (i) protect the environment 3 See Excerpts of the Decree in Annex 2. 8 ESMF, ACE Impact Project, Nigeria and society from the potential negative effects of projects, plans, programs and policies; (ii) reduce and manage the risks associated with implementation of project activities; and (iii) assist in better decision-making to ensure sustainability of activities. The Bank Environmental and Social Safeguard Policies provide guidance to the World Bank on the process, scope and extent of environmental and social assessment required for project evaluation. 33. Every project is subject to a preliminary environmental and social review based on the type, location, degree of sensitivity, scale, nature and extent of its potential environmental and social impacts, which is class in one of the following categories:  Category A: Project that is likely to have very negative, nerve, diverse or unprecedented impacts on the environment.  Category B: Project whose adverse effects on the population or areas of environmental importance (land, forests, and other natural habitats, etc.) are moderate.  Category C: Project whose likelihood of negative environmental impacts is considered minimal or zero.  The ACE IMPACT project is classified as "category B", because its adverse effects on the population or areas of environmental importance are limited, site-specific, and likely reversible, and mitigation measures can be more easily designed/implemented. 34. Among all the World Bank environmental and social safeguard policies, two Operational Policies (OPs) and Bank procedures (BPs) are triggered under the ACE Impact Project, namely:  OP/BP 4.01 Environmental Assessment, which covers impacts on the environment (air, water and land), human health and safety, physical cultural resources, and global transboundary and environmental issues. OP 4.01 is triggered because the Project is likely to have environmental risks and impacts on its area of influence. This policy requires that environmental and social consequences be identified early in the project cycle and considered in the selection, location, planning, and design of the project to minimize, prevent, reduce, or compensate for adverse impacts and thereby maximize positive impacts and include processes for mitigation and management of environmental and social impacts during the project cycle.  OP/BP 4.11 Cultural Physical Resources, which provides cultural heritage guidelines to avoid or mitigate adverse impacts of development projects. This policy applies to the following projects: (i) any project involving major excavation, demolition, earthworks, flooding or other environmental modifications; (ii) any project located on or near a site recognized as cultural property; (iii) any project designed to support the management or conservation of physical cultural property. As part of the ACE IMPACT project, this will also concern buildings of historical value and which would be the subject of rehabilitation works. The borrower will ensure that the construction companies follow the key procedures of the Cultural Heritage in Environmental Assessment. Environmental assessment Sourcebook (1994), prepared by the World Bank.4 35. No other operational policies of the World Bank are triggered under Project ACE Impact. It is recalled that these are the following policies: OP 4.04 Natural Habitats, which does not allow the financing of projects degrading or converting critical natural habitats; OP 4.12 Involuntary 4 See Annex 3. 9 ESMF, ACE Impact Project, Nigeria resettlement, which covers an impact on individuals or small businesses, with loss of housing or shelter, loss of income or, in some cases, expropriation of private land and physical displacement of dwellings or shelters. OP 4.09, Pest Management; OP 4.10: Indigenous Peoples; OP 4.36: Forests; OP 4.37 Safety of Dams; PO 7.50 International Waterways; and PO 7.60, Disputed Areas. 36. Under ACE Impact, the following will also be used:  World Bank Group’s Environmental, Health and Safety Guidelines.  The 2010 Access to Information Policy for wide dissemination of all information concerning the nature and objectives of a project.  The World Bank Group Guidelines on Labor Influx.5 III.8 Comparing national procedures and World Bank policies 37. In general, there is great convergence of views and similarity between Nigeria’s environmental and social management system and that of the World Bank. All laws, regulations and instruments governing investments and activities in the natural resources sector are generally consistent with the Bank procedures. 38. However, there are also some gaps and discrepancies. When reviewed separately, some individual laws may not entirely reflect the principles of some policies. Detailed laws, regulations and guidelines have been developed and serve as the framework for environmental protection, but implementation has been poor due to inadequate enforcement. The ability of the relevant institutions to enforce the existent laws is rather weak and would require further strengthening. Implementation of the existing legal/regulatory provisions faces challenges, such as: multiple regulations; overstretched regulatory authorities; weak monitoring; inadequate and mismanaged funding; and a low degree of public awareness of environmental and social issues  If policy discrepancy exists in some domains, World Bank policies will override national policies and regulations. III.9 Other relevant policies 39. The 2003 Child Rights Act, which codifies the rights of children in Nigeria (a person below the age of 18 years), consolidates all laws relating to children into a single law and specifies the duties and obligations of government, parents and other authorities, organizations and bodies. More particularly, the Act gives full protection to privacy, honor, reputation, health and prevention from indecent and inhuman treatment through sexual exploitation, drug abuse, child labor, torture, maltreatment and neglect to a Nigerian Child. Building companies operating under the ACE Impact Project will strictly adhere to this legislation. 40. The Government of Nigeria adopted the National Gender Policy in 2006 as a substitution of the Women's Policy adopted in 2000. The goal of the Policy includes the elimination of cultural/ religions gender-based biases and harmful cultural and religious practices which rise to inequalities in gender-role relations in the Nigerian society. Major policy goals are to: ensure equal access to women, boys and girls to both formal and informal education; ensure that women have access to critical resources and invest in their human capital as a means of reducing extreme poverty in families; and eliminate the high risks linked to many harmful traditional cultural practices, which still put threaten the health of women. 5 See Annex 4. 10 ESMF, ACE Impact Project, Nigeria III.10 Constitutional appeal bodies 41. In Nigeria, the administration established the Public Complaints Commission in 1975 under Decree 31 of 1975. It was later amended by Decree 21 of 1979 and now incorporated into the laws of the Federal Republic of Nigeria as Public Complaints Act Cap 377. It is given a constitutional status by its establishment by the 1979 constitution (section 274, (5) (6) and still by the present constitution of the Federal Republic of Nigeria. The Ombudsman is the political device for the protection of the citizen from the arbitrary, repressive and oppressive application of the executive powers of government, where the ombudsman act as a legal safeguard against the excesses of overzealous government officials (federal, state and local.  In cases of major disputes, persons affected by the activities of the ACE Impact Project will be assisted, if necessary, to submit their claims to the Ombudsman. 11 ESMF, ACE Impact Project, Nigeria IV. CONSULTATION OF STAKEHOLDERS IV.1 The stakeholders 42. The ACE Impact Project will define and adopt a comprehensive and balanced approach to social mobilization and stakeholder engagement. It will develop a plan to involve the active participation of all stakeholders in decision-making processes, to foster dialogue and reduce tensions 43. The elements of this social mobilization plan are presented visually in the Diagram below. Diagram : Main components of stakeholder engagement 3. Inclusive consultations of all 2. Disclosure of all stakeholders for a 4. Negotiations and available information dialogue on the social partnerships for about the project and its and environmental specific aspects activities (at the time of impacts of the project related to design and throughout investments implementation) 5. Establishment of a 1. Mapping Stakeholder responsive, fast and stakeholders, identifying engagement transparent grievance their interests, and management system assessing how each party would be affected by the project or could influence the project 6. Involvement of all 7. Preparation of stakeholders in the regular reports for all monitoring of impacts stakeholders on the and the implementation progress of planned of mitigation measures activities IV.2 Social engagement 44. Engagement of all stakeholders will be an inclusive, ongoing and expanded process during implementation of the CEA Impact Project. The goal is to develop and maintain open and constructive relationships with all stakeholders to facilitate the management of the project and its stakeholders. individual sub-projects, including their environmental and social effects and risks. 45. This ESMF was presented and discussed in a public consultation held on October 24th, 2018, with the participation of main stakeholders (the minutes of the public consultation are presented in Annex 9).  The first phase of the ACE Project demonstrated the importance of active student participation in promoting academic excellence. These comments have been 12 ESMF, ACE Impact Project, Nigeria through regular student surveys and regular supervision meetings with student groups. Both mechanisms served as feedback and complaint management mechanisms in the first phase. In addition, civil society, including businesses and other non- governmental entities, will be part of the sectoral advisory committees of each of the Centers to guide the center's activities to ensure that education and research activities meet the needs of the community. of development 13 ESMF, ACE Impact Project, Nigeria V. ENVIRONMENTAL AND SOCIAL EVALUATION OF THE PROJECT 46. This chapter considers potential environmental and social concerns likely to arise from these activities undertaken in Nigeria under the ACE Impact Project. V.1 Typology of the activities of the Project 47. The Centers of Excellence sites to be built or rehabilitated have not yet been selected in Nigeria. However, the main work that will likely be done under the ACE Impact Project and that may have an environmental and social impact is as follows:  Construction of new buildings or other facilities within the current boundaries of university campuses,  Extension of current buildings and facilities  Rehabilitation of old buildings and facilities, including adjustments of recent buildings that do not meet current standards. V.2 General environmental and social impacts 48. Overall, in relation to these activities work, all the negative or harmful environmental and social impacts that are likely to be generated by the Project will be limited in time and space.  The activities envisaged under the ACE Impact Project exclude any form of acquisition of land or property or resettlement or physical displacement of populations (all work will be done in land belonging to the universities). V.3 General positive impacts 49. The Project will have many positive effects, which should be sustained over the long term. In general, it will help fight poverty and boost shared prosperity, as well as encourage investment in knowledge and skills in all sub-sectors of education. Promising investments will be made in regional infrastructure and economic integration, with a focus on initiatives to produce highly qualified human resources for priority growth sectors. More specifically, the project will contribute to raising awareness about environmental and social issues, in particular by including in the contract specifications of the building companies clauses specific to the respect of the environmental components and accompanying risk mitigation measures. V.4 Risks or negative impacts during the pre-construction phase 50. During the pre-construction phase (preparation of the bidding documents), the main risk is neglect of the environmental and social aspects and their low consideration during the technical studies and / or the preparation of unsatisfactory environmental studies. This risk can be compounded if the information aspects and public participation are not taken into account. Furthermore, site selection could include some potential environmental and social concerns and impacts: for example, concerns in the siting of works on sections of campuses where they could conflict with adjoining land use outside the campus land, or on areas prone to or that have suffered soil erosion or damage. 51. Key mitigation measures for these risks will be: (i) public and stakeholder consultation during site selection and preparation and validation of studies; (ii) quality control and implementation of validation procedures for environmental studies and their dissemination; and (iii) regular supervision of building sites by environmental experts (in addition to the control of the relevant national 14 ESMF, ACE Impact Project, Nigeria institutions in relation to contractual specifications). Finally, mitigation measures could include relocating the nuisance activity outside the campus, and boxing up remedial civil works with the proposed construction activity.  The effects of climate change will be taken into account in the choice of materials, the overall design of buildings and the technological options for construction (e.g., energy efficiency). The building will be in consonance with local climatic, environmental, and meteorological conditions and will incorporate proper ventilation and provision of sunshine, air movement, and maximum usage of daylight.  Location and design of new buildings should also take into account site-specific risks (such as location near gullies which are prone to flooding and erosion; near water bodies and designated forests etc.).  Sourcing of construction materials should be considered, especially given the risk of contractors using non-registered quarries, illegal sand-mining or creating new quarries through illegal extractions.  The design of the buildings under ACE Impact will take into account the gender dimension, especially in relation to the provision of a sufficient number of separate men's and women's washrooms (with the installation of lavatories, washbasins and urinals, etc.).  All facilities, whether to be built or rehabilitated, will be properly designed in strict compliance with national standards for the protection and promotion of persons with disabilities, by removing barriers for their inclusion and improving their accessibility to physical infrastructure.1  Major measures to be planned are as follows: access ramps should have resting places and be of low slope; pathways should be of limited slope and include sufficient turning radius; doors should be light and easy to turn, and entrances should be sufficiently wide; parking space should be close to the main entrance; furniture, counters, equipment, power sockets, and plugs should be placed at suitable heights reachable by persons who use wheelchairs; handrails should be easy to grasp; etc. V.5 Risks or negative impacts at the construction phase 52. Construction phase risks and impacts at the construction phase will be site specific. Despite the fact that they are manageable and small, this phase will have low to moderate impacts and could be a source of inconvenience for workers and all those living or working on university campuses. Among these impacts, the most important are: Air quality, noise/vibrations, water and sanitation, solid waste  Pollution and nuisance (noise, dust) due to the construction of infrastructures (buildings).  Dust generated by excavation work, improper storage of construction materials and cuttings, and the movement of construction machinery.  Solid and liquid waste from construction sites.  Noise and vibrations due to construction machinery and noisy equipment (jackhammers, air compressors, etc.).  Presence of polluting paints, with resin and potentially toxic or dangerous solvents (for asthmatics, for example), asbestos and lead in products used for the rehabilitation of buildings. 1 Nigeria has signed the Convention and Protocol on the Rights of People with Disabilities and the protocol in 2010. The Convention not only gives universal recognition to the dignity of persons with disabilities but it marks a paradigm shift in attitudes and approaches to persons. 15 ESMF, ACE Impact Project, Nigeria  Occasional forms of pollution generated in construction sites by waste (some works could also affect the sewerage and waste disposal networks).  Increased volumes of used oil due to certain work requiring the use of vehicles and various Class DD hazardous waste devices - these oils include hydraulic oils, motor, gearbox and lubricating oils and insulating and heat carrying fluids.  Impact of some works on sources of drinking water.  Damage to public utilities and some underground networks and even temporary suspension of certain services (water, electricity, etc.).  Emissions of ozone depleting substances if air conditioners contain R22 fluid hydro-chloro-fluoro- carbons (HCFCs).  Emissions of greenhouse gas (GHG) related to the exhaust gases of construction vehicles, as well as olfactory nuisances, health risks and pollution. Vegetation and soils  Uprooting of trees and cutting of shrubs made necessary by certain activities, with reduction of green spaces.  Risks of localized soil degradation, despite the fact that washout works will be limited in depth.  Certain forms of soil erosion due to construction activities: in particular, the artificialization of the soil could contribute to making the soil impermeable, thus limiting the infiltration of rainwater and increasing the runoff, with a saturation of the networks of sanitation .  Risk of subsidence and landslides due to possible excavation work.  Risks of floods, without the adoption of soil waterproofing techniques. Hygiene, health and safety of workers, residents and users  Accidents caused by construction machinery traffic and possible non-compliance with safety instructions.  Risk of accidents around unreported excavations and open trenches, unmarked and poorly lit.  Safety of university users due to poor organization of work sites and work areas (e.g., poor gear location, improper storage of construction materials and equipment, etc.) and no signaling of certain areas at risk (for extension work or installation of equipment).  Accidents of workers (scaffolding falls, misuse of equipment, electrocutions, etc.). Natural risks  Some of the proposed development could be affected by risks associated with the effects of climate change (in particular, risks associated with floods caused by heavy rains). Risks of conflicts between the workers and local populations  The works may have impacts on university campuses, with the likely restriction of vehicle and pedestrian traffic in the vicinity of construction sites, noise and dust-related inconvenience, space congestion caused by building materials, construction and construction waste, not to mention negative impacts due to the transformation of the landscape.  To avoid social tension, it is desirable to recruit a local workforce.  Although it is expected that selected contractors would recruit a local workforce, it can be expected that skilled and unskilled workers may be brought in for temporary periods from outside the community. This would potentially increase risks of sexual harassment, prostitution and underage sex on vulnerable sections of the local population, especially women and minors as well as risks of communicable diseases (including HIV/AIDS). 2 Physical cultural resources 2 See also Annex 4. 16 ESMF, ACE Impact Project, Nigeria  Some historic and archaeological buildings may be affected by the work and some excavations may reveal archaeological and historical remains.3 V.6 Risks or negative impacts during the maintenance phase 53. During the occupancy and maintenance phase, project activities should not pose any particular environmental and social problems. Potential negative impacts might generally be due to: inadequate design; the lack of a system for the collection and transfer of waste, in particular solid waste; a possible lack of an effective, regulatory and adapted sanitation system; lack of regular maintenance procedures; insufficient enforcement of security measures; and the lack of appropriate measures for people with disabilities. 54. Regulations of the National Emergency Management Agency (NEMA) will be strictly adhered to under the Project (in terms of fires or explosions, with the installation of smoke detectors, extinguishers, and alarm devices). All these risks can cause a malfunction or a deterioration of the works and generate certain negative impacts.  In compliance with national regulations, building companies working will be required to regularly monitor compliance with safety and health standards, and to periodically carry out measurements, analyses and assessments of environmental conditions and, where appropriate, undertake collective or individual protection measures to prevent damage to the safety and health of workers. 55. The environmental and social risks of the Project and the corresponding mitigation measures are summarized in Table 1 below (the indicative list of environmental and social clauses to be included in the contracts of the contracting companies and their respective Worksites-ESMP). V.7 Measures mitigating the adverse impacts of the project 56. Different measures will be planned to reduce the potential impacts during implementation the various activities planned under the ACE Impact Project:  Normative measures to be complied with by the sub-project promoter and its contractors (companies carrying out the works), in accordance with national regulations and World Bank OP 4.01 and OP 4.11;  Mitigation measures to reduce potential negative environmental and social effects. 3 See Annex 3. 17 Table 1 : Check list. Environmental and social risks and mitigating measures Types of risk Assessment Level of risk (*) Main measures 1. Tendering process Neglecting environmental and social Low to moderate Preparation of appropriate Terms of Reference, which will be validated by NESREA and (pre-construction phase) issues approved by the WB. All mitigation measures must be included into the contractor bid documents 2. Constructions Risks related to large deep Moderate Selection of specialized companies excavations; opening of trenches for Conduct of prior technical studies. laying extension and densification Preparation of detailed technical specifications for contractors pipes. 3. Demolitions or Moderate Preparation of detailed technical specifications f or contractors Safety of workers, residents and During indoor demolition activities, debris must be kept in a controlled area. Water must be extensions of building users sprayed to reduce dust from debris. Eliminate dust during pneumatic drilling and destruction of walls by continuous Compliance with the rules in the use vaporization of water and / or installation of dust screens on the site of large machines for the demolition Maintain the surrounding environment (sidewalks, roads) free of debris, in order to of buildings minimize the amount of dust No open fire of construction / waste materials will be carried out on the site. Pollution risks or accidental soil Low Conducting preliminary geotechnical studies. 4. Soils erosion (at the site and Anti-erosion measures neighborhood level) Use of small structures allowing the flow of rainwater Potential groundwater pollution and Wastewater management: Sanitary sewage disposal (or sealed and fenced pit) groundwater contamination Quality control of drinking water 5. Waters Low to moderate (accidental spills of hydrocarbons and Implementation of appropriate erosion and sediment control measures, such as hay bales lubricating oils) and / or silt barriers to prevent the movement of sediments from the site and the generation of excessive turbidity in the yards. water and nearby rivers. Correct management of debris, according to the standards established in the contractor's 6. Debris Construction debris Moderate ESMP-W Adequate storage of products and waste (waterproof storage); Construction site waste (during 7. Waste Disposal of waste to authorized public landfills. construction) Low to moderate Hygiene in construction sites Domestic waste (during Prohibition of waste in the open air maintenance) Roadways and sites for waste collection and disposal will be identified for the main types of waste typically generated by demolition and construction activities. Mineral construction and demolition waste will be segregated from general waste, organic, liquid and chemical waste through on-site sorting and placed in appropriate containers. Construction waste will be collected and disposed of appropriately by licensed collectors ESMF, ACE Impact Project, Nigeria Waste disposal records will be maintained as evidence for the appropriate management planned. Where appropriate, the contractor will reuse and recycle suitable and viable materials (with the exception of asbestos) All these provisions must be reported in the Contractor's ESMP-W Temporary on-site storage of any hazardous or toxic substances will be conducted in secure 8. Hazardous toxic waste Management of hazardous toxic Low containers that provide compositional data, properties and handling information for those (including medical waste) waste substances. Containers of hazardous substances must be placed in a leak-proof container to prevent spillage and leakage The waste is transported by specially authorized carriers and is disposed of at a site authorized for this purpose. Paints containing toxic ingredients or solvents or lead-based paints will not be used In accordance with national regulations, the contractor will ensure that newly constructed and / or rehabilitated health care facilities have sufficient infrastructure for the management and disposal of medical waste; this includes and is not limited to: (i) Special facilities for separate health care waste (including "sharps instruments" for soiled instruments and human residues or liquids) from other waste disposal systems , clinical waste: yellow bags and containers; special boxes resistant to perforation; household waste (non-organic): black bags and containers (ii) appropriate storage facilities for medical waste are in place; and (iii) If the activity includes institutional treatment, appropriate elimination options should be in place If asbestos is detected at the project site (demolition work), it must be clearly marked as a 9. Asbestos Management of asbestos Low hazardous substance. If possible, asbestos will be suitably contained and sealed to minimize exposure Before removal (if such removal is necessary), asbestos will be treated with a wetting agent to minimize the amount of asbestos dust Asbestos will be treated and eliminated by qualified and experienced professionals If asbestos-containing materials are to be stored temporarily, the waste must be safely placed in closed containers and reported in an appropriate manner. Asbestos removed will not be reused 10. GHG emissions Exhaust gas Low to moderate Regular maintenance of construction machinery and vehicles 11. Vegetation Some works involve the cutting or Low Establishment of a green zone removal of vegetation (trees, shrubs) Search for alternative solutions (to avoid cutting trees) and the reduction or destruction of Tree planting to compensate for the possible destruction of green spaces and the shortfall green spaces. in terms of CO2 sequestration capacities 12. Air quality Moderate Air pollution control system (compliance with standards for exhaust emissions from Negative potential impact of heavy construction equipment (work phase). machinery on construction sites and Watering of construction sites; 19 ESMF, ACE Impact Project, Nigeria vehicles Systematic removal of unused embankments 13. Atmospheric pollution The sites could contribute to increase Low to moderate Adoption of strict safety standards in areas close to construction sites. air pollution and dust generation. Use of techniques to mitigate this risk in construction sites Increased pollution and improper Organization of public awareness and information campaigns storage of materials and Watering the building sites displacement and use of materials 14. Noise pollution Increased noise and vibration (rolling Low to moderate Establishment of regular control measures of the intensity of noise pollution stock, jackhammers, air compressors) Sound measurements according to NT 48.04 (ISO.1996 / 1) in case of complaints or perception of exceedance by controllers Respect of working hours on construction sites Noise from construction activities will be restricted to the schedule agreed in the permit During operation, the engine covers of generators, air compressors and other mechanical equipment shall be closed and the equipment will be placed as far as possible from the residential areas. 15. Health and safety of Accidents in construction sites Moderate Establishment of safety rules in construction sites and application of instructions and rules workers, residents and Workers falling from scaffolding (the of hygiene users most common of accidents) Staff management Helmets door by workers Warning signs for places at risk 16. Building safety Risk of fires and explosions Low Respecting NADMO’s regulations (building safety and prevention of fire and explosion risks). Installation of smoke detectors, fire extinguishers and alarm devices. 17. Traffic and pedestrian Direct or indirect hazards to public Low to moderate In accordance with national regulations, the contractor must ensure that the construction safety traffic and pedestrians through site is properly secured and that traffic related to the construction is regulated. This construction activities includes, but is not limited to, signage, warning signs, gates and diversions: the site will be clearly visible and the public warned of all potential dangers Traffic management system and staff training, particularly for site access and dense traffic near the site. Provide safe crossings and passages for pedestrians when construction traffic interferes. Adjustment of working hours to local traffic patterns Active management of traffic by trained and visible staff on the site, if necessary for a safe passage and convenient for the public. Provide safe and continuous access to offices, stores and residences during renovation activities, if the buildings remain open to the public. 18. Child labor Use by contractors of child labor Low Strict compliance with national regulations on child labor by works contractors 19. Disabled people Neglecting disabled people in Low to moderate Accessibility mechanisms for persons with disabilities in public buildings (access ramps, building plans and rehabilitation of sanitary blocks, etc.) buildings 20. Restauration of Neglecting the historic value of Low to moderate Notify the local competent authorities and obtain the authorizations / permits. historic buildings buildings Full compliance with heritage management regulations regarding buildings of historical value. 20 ESMF, ACE Impact Project, Nigeria 21. Archaeological, Neglecting historic heritage Low Ensure that arrangements are in place to ensure that artefacts or other "finds" encountered cultural and historical during excavation or construction are noted, that officials are contacted and that work is heritage delayed or altered to accommodate these discoveries. Compliance with national regulations for the protection of historical and cultural property. Possible involvement of the National Heritage Department and specialized centers. See Annex 3. (*) A more specific level of risks will be established during the preparation of the ESMP of each sub-project. 21 VI. ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCEDURES VI.1 Screening of sub-projects 57. The activities within the context of the ACE Impact Project must be subjected to an environmental and social screening, a procedure aimed to :  Determine the nature and the extent of their anticipated adverse environmental and social impacts;  Define the most appropriate backup tool, depending on the nature and extent of these impacts;  Establish and implement appropriate mitigation measures. VI.2 Environmental and social management tools 58. 42. Screening of sub-projects (individual sites for the construction, rehabilitation or extension of buildings) is an important element of the environmental and social management process (see Inset below). Harmonizing national and World Bank procedures Under the ACE Impact Project, the following sub-projects will be considered ineligible:  World Bank Category A subprojects, which may have very negative, diverse, irreversible environmental and social impacts.  Sub-projects for which the World Bank operational policies are not triggered (i.e; OP 4.04 Natural Habitats; OP 4.12 Involuntary resettlement;OP 4.09, Pest Management; OP 4.10: Indigenous Peoples; OP 4.36: Forests; OP 4.37 Safety of Dams; PO 7.50 International Waterways; and PO 7.60, Disputed Areas). In terms of Nigerian procedures (in compliance with the 2004 Environmental Impact Assessment (EIA):  The Federal Ministry of Environment (FMEnv) requests and facilitates EIAs for all major public or private sector investments, i.e. any proposed physical work or activity that is likely to have significantly impacts on the environment:  Registered sub-projects will be subject to a screening process, which aims at determining whether the proposed activity should be subjected to further assessment, and if so, the level of assessment that will be required.  FMEnv will more particularly deal with : timing and processing of EIA; content of an EIA report; public involvement in the EIA process and public disclosure; review of EIA and conflict resolution mechanisms; and lists of activities subject to mandatory EIA.  At the end of the process, an environmental authorization will be delivered by FMEnv. In terms of World Bank requirements (in compliance with POs 4.01 and 4.11):  An Environmental and Social Information Sheet (ESIS) will be drawn up to complement – if necessary - the Environmental Assessment Preliminary Registration Form.  The screening process would be complemented by the parallel preparation of a Simplified Screening Form (SSF) (see the template in Annex 5) to make it possible, among other things, to determine from the outset – in a direct and concise way - the ESMF, ACE Impact Project, Nigeria scope and level of potential negative environmental and social impacts of any activity, as well as define the social management tool which is required.  For subprojects whose environmental and social impact will be considered low, a simple Environmental and Social Information Sheet (ESIS) will be drawn up. This will include appropriate measures to be eventually integrated into the Contractor’s technical specifications.  For sub-projects whose environmental and social impacts will be considered moderate, an Environmental and Social Management Plan (ESMP) will be prepared - even if, because of the nature of the works, a mandatory EIA is not required by Nigerian procedures. (Annex 6 provides ToR and outline of the ESMP).  An ESMP is a detailed plan and schedule of measures necessary to minimize, mitigate or control any potential negative environmental and social impacts identified under the ACE Impact Project. An ESMP consists of a set of generic mitigation, monitoring and institutional measures to be taken during implementation and operation of the proposed project to eliminate negative environmental and social impacts, offset them or reduce them to acceptable levels.  Key elements of the ESMP will be included in the Worksite-ESMP to be prepared by the contractor. The outline of this document as well as an indicative list of environmental measures to be taken by the contractor are provided respectively in Annex 7 and Annex 8 of this report. Public consultations with key stakeholder will be hold during the entire process. Under the ACE Impact Project, an adequate Grievance Redress Mechanisms will be set up at the level of each participating university (E-system). Within this system, all environmental and social related complaints and grievances will be addressed in a timely, effective and efficient manner. 59. To qualify as eligible, any sub-project with potential environmental and social risks must include a budget line to cover the costs of implementing any measures to mitigate environmental and social risks (negative impacts). This is a direct consequence of the legal "polluter pays" principle, which will apply to any sub-project regardless of its size and importance.  In this perspective, mitigation measures are an integral part of a sub-project, which must themselves be considered as full-fledged investments. 23 ESMF, ACE Impact Project, Nigeria Table 2 : Screening process : Objectives and responsibilities PHASE ACTIVITY OBJECTIVE RESPONSIBILITY a) Site identification and Identification of the sub- Describe the nature of the Promoter of the subproject sub-project project activities of the sub-project (unit of the participating and its main characteristics university) Preparation of the SSF Identify the nature and extent of the Categorization of the environmental and social Safeguards Expert, in subproject impact of any sub-project collaboration with federal / state environmental and For sub-projects whose social agencies (with negative environmental information to the WB). and social impact is considered minimal: Clearance from federal / Preparation of a preparation of a simple state officers b) Screening of the registration form of the ESIS. submitted subproject and sub-project preparation of the type of [ESIS mitigation measures backup instrument will be directly integrated required into the tenders and specifications of the contractors]. Analysis and validation of  Verification of all the Safeguards Expert with the results of the screening information. external resource persons  Review of proposed mitigation measures Package sent to NESREA for  Categorization of clearance. subprojects and required safeguard tools  Decisions regarding the type of public consultation to be applied Combined preparation of A combined EIA / ESMP will External firm / resource EIA and ESMP be prepared for subprojects person (ToR validated by with potential negative NESREA, if needed). impacts are considered as As the ToR is already moderate included in the present ESMF, the WB no objection Validation of the EIA/ESMP will be not needed. and issuance of the environmental permit NESREA ESMP mitigation measures will be directly PIU : coordinator and incorporated into tenders safeguards expert, with and contractor technical procurement officer) specifications. Disclosure of information EIA / ESMPs and records of The participating university consultations will be made has the overall c) Communication and available to the public responsibility for stakeholder engagement through the most information to the public, appropriate means. by involving the appropriate national authority Public consultations Stakeholders PIU Grievance management A grievance management AAU will set up a regional 24 ESMF, ACE Impact Project, Nigeria and redress mechanisms mechanism will be defined E-system (with the d) Grievances and put in place in place at participation of each the site level (grievance of university / center at those directly or indirectly national level): the center affected by Project will solve grievances in first activities). instance, including issues related to environmental and social safeguards. e) Monitoring & control Environmental and social Monitoring of the proper PIU Safeguards Expert (with and reporting monitoring implementation of sub- external TA). projects in accordance with proposed environmental Contractor : and social measures, implementation of the national laws and WB's EIA/ESMP environmental Safeguards Policies (against and social safeguard a set of indicators) measures Maintenance and External control by federal maintenance measures / state officers . Preparation of an annual The safeguard consultant at Reporting supervision report for AAU will develop this safeguards at the regional report based upon level. information from the PIU safeguards expert. f) Evaluations Mid-term and final Assess the implementation Participation of the PIU evaluation of the Project of safeguards Safeguard expert in the preparation of the evaluations (conducted by external consultants) g) Independent audit Before mid-term review of Environmental/ social To be commissioned by PIU the Project audit of all the sub- projects) (*) The different elements of this table will be specified during consultations and the forthcoming appraisal of the ACE Impact Project. 25 ESMF, ACE Impact Project, Nigeria VII. MONITORING, CONTROL AND EVALUATION VII.1 Objectives of environmental and social monitoring and control 60. The Project Environmental and Social management Control & Monitoring System aims to describe: (i) the elements to be monitored; (ii) monitoring methods and tools; (iii) the responsibilities for monitoring and reporting; and (iv) the periodicity of monitoring. The system aims to ensure that: identified mitigation measures are appropriate and affectively implemented, and produce the anticipated results; any additional impacts not identified in the analysis of the potential environmental and social impacts of the rehabilitation and/ or construction of facilities are captured as early as possible and are modified, discontinued or replaced if they prove to be inadequate. VII.2 Responsibilities 61. Environmental and social internal monitoring is carried out by the Project's Safeguards expert with the aim of ensuring that environmental and social safeguards of the project are adhered to. This monitoring will concretely include: (i) the inclusion of the mitigation measures recommended in the sub-project; (ii) the compliance oversight during the building activities; and (iii) the monitoring of environmental and social management measures in the implementation of different activities. 1  The National Safeguards expert will be assisted by the Regional Safeguard Consultant at the Regional Facilitation Unit (RFU) (based in Accra, Ghana), which has the role of ensuring consistent implementation and monitoring of ACE Impact environmental measures in all the countries concerned. 62. The external environmental and social monitoring, carried out by NESREA at its discretion, is intended to ensure compliance with national regulations on environmental and social protection and to verify the quality of implementation of environmental protection measures. 63. The knowledge acquired with these two forms of environmental and social monitoring will make it possible to correct the mitigation measures and possibly to revise certain standards of environmental protection. 64. The environmental monitoring system (which will cover the construction phase and post- construction clean-up) must include, in particular:  The list of all the parameters requiring environmental monitoring;  The measures and means envisaged to protect the environment;  An intervention mechanism in case of observation of the non-compliance with the legal and environmental requirements or the commitments of the sub-project promoters;  The contracting parties' commitments - to submit monitoring reports (number, frequency, content). 65. From an annual periodicity, the verification of the execution of the measures is intended to ensure that the environmental and social mitigation measures are implemented in accordance with the described procedures in the ESMF. VII.3 Tracking indicators 66. 49. In order to assess the effectiveness of the sub-projects, including the construction and rehabilitation of buildings and their subsequent maintenance, the environmental and social 1 Refer also to Table 2 (above) 26 ESMF, ACE Impact Project, Nigeria indicators are shown in Table 3 below. Several of these indicators will be further defined in the ESMP for specific activities and will be regularly monitored during implementation of the subprojects. They will be specified in the Technical specification of the different building companies or contractors as well as those of possible subcontractors. Table 3 : Environmental and social management monitoring indicateurs Measure Category Indicator Technical Number of sub-project screened mesures ESMP Number of ESMPs prepared, validated and (screening a approved preparation of W-ESMP safeguard Number of W-ESMPs prepared, validated tools) and approved Monitoring Environmental monitoring and control of Number of missions completed to monitor related sub-projects risk mitigation measures measures Raising public awareness and advocacy on the environmental, health, safety and Number of people who benefited from these Sensitization social issues of sub-projects and good sessions (with percentage of women) practices Management of grievances of persons Number of grievances received Grievance directly or indirectly affected by Project management Number of grievances treated activities (*) All the indicators will be quantified during the forthcoming Project appraisal 27 ESMF, ACE Impact Project, Nigeria VIII. ACTION PLAN : KEY RECOMMENDATIONS 67. This chapter presents the main recommendations of the ESMF’s Action Plan of the ACE Impact Project. (i) Environmental and social screening: By Project effectiveness, each participating university must have prepared the description of its subproject (buildings to be built or rehabilitated). This will enable the Project's safeguards expert, in collaboration with concerned federal and state agencies, to move quickly to the next steps on environmental and social safeguards. This process will be updated each year as the annual work plan is prepared (ii) Qualified personnel: Each selected university will use the services of a qualified person (appointed or recruited), who will be in charge of implementing the safeguarding measures, including monitoring, surveillance, control and evaluation of risk mitigation measures, and keep the partnership links with competent federal / state agencies throughout the project. (iii) Operational Manual : The Project’s Operational Manual must include a section on the basic principles and regulatory measures of the ESMF, indicating in particular:  Subprojects’ screening procedures: for any operation carried out under the Project;  The respective responsibilities of different stakeholders (acquisition of required authorizations by the promoters or preparation by the contractors of complete ESMP-Worksites, including a Safety and Hygiene Plan).  Mechanisms for monitoring and monitoring the environmental and social monitoring indicators;  Costs of environmental and social safeguards. (iv) Information, sensitization and training on environmental and social management (ESM) issues: : Information and sensitization sessions on ESM will be provided to the representatives of the institutional actors involved in implementation of the Project, including the companies in charge of the construction activities. These initiatives These initiatives (to be coordinated by the Project safeguards specialist, in collaboration with federal / state environmental officers, and the assistance of external resource persons) will take place immediately after Project effectiveness, during the first six months of implementation. Costs related to these trainings will be included in the overall project management costs of outreach / training / capacity building. Particularly important is the information sessions of entrepreneurs on the preparation of their various comprehensive Worksite-ESMPs.  Within the context of the Impact boot camp that the AAU will organize (with the support of WB) prior to Project effectiveness, for all university teams, special sessions will focus on environmental and social safeguards issues and the key elements of the ESMF. (v) Grievance redress mechanism : Under the regional e-system for grievances management, which will be created within each participating university / center, a special section will concern all environmental and social safeguards-related grievances. Once it has been discussed, approved and validated by all stakeholders, 28 ESMF, ACE Impact Project, Nigeria this Action Plan will be binding. IX. ESTIMATED COSTS 68. The budgeting for implementation of the ESMF will be done at two levels:  At the level of each participating university : a budget of a maximum of USD 50,000 to cover costs of technical measures related to environmental and social assessment procedures, including various capacity building initiatives and preparation and monitoring of ESIAs / ESMPs for sub-projects.  At the regional level: the AAU will reserve USD 200,000 for the regional safeguard consultant, national and regional disclosures, and associated missions/workshops 69. All costs related to environmental and social risk mitigation measures will be included in the budgets of individual sub-projects. 29 ESMF, ACE Impact Project, Nigeria ANNEXES _____________________________________________ 30 ESMF, ACE Impact Project, Nigeria Annex 1 : Existing National legal instruments applicable to environmental protection N REGULATION YEAR PROVISIONS 1 National Environmental 1991 The regulation makes it mandatory for industrial facilities Protection (effluent limitation) to install anti-pollution equipment, makes provision for Regulations effluent treatment and prescribes a maximum limit of effluent parameters allowed. 2 National Environmental 1991 Imposes restriction on the release of toxic substances and Protection –Pollution and stipulates requirements for monitoring of pollution. It also Abatement in Industries o makes it mandatory for existing industries and facilities to Facilities Producing Waste) conduct periodic environmental audits. Regulations 3 National Environmental 1991 Regulates the collections, treatment and disposal of solid Protection (Management of Solid and hazardous wastes from municipal and industrial and Hazardous Waste) sources. Regulations 4 Harmful Wastes (Special Criminal 1988 Provides the legal framework for the effective control of Provisions) Decree n. 42 the disposal of toxic and hazardous waste into any environment within the confines of Nigeria 5 Environmental Impact 1992 The decree makes it mandatory for an EIA to be carried Assessment Act (Decree n. 86) out prior to any industrial project development. 6 National Guideline and Standard 1991 The regulations provide guidelines for management of for Environmental Pollution pollution control measures. Control 7 Workmen Compensation Act 1987 Occupational health and safety 8 Urban and Regional Planning 1992 Planned development of urban areas (to include and Decree n. 88 manage waste sites) 9 Environmental Sanitation edicts, - General environmental health and sanitation. Enforcing laws and enforcement agencies necessary laws. 10 State waste management laws - Ensure proper disposal and clearing of wastes 11 Public Health Law - Covering public health matters 12 National Guidelines on 1999 Recognizes the value of EMS to EIA and sets out objectives Environmental Management and guidelines on general scope and content of an EMS Systems (EMS) 13 National Policy on Environment 1988 The policy identifies key sectors requiring integration of environmental concerns and sustainability with development and present their specific guidelines. 14 National Guidelines and 1999 It deals with the quality of water to be discharged into the Standards for Water Quality environment, sets standards and discharge measures. 15 National Air Quality Standard 1991 The World Health Organization air quality standards were Decree n.59 adopted by the then Federal Ministry of Environment I n1991. These standards define the levels of air pollutants that should not be exceeded in order to protect public health. 16 National environmental 2007 Established to ensure compliance with environmental standards and Regulations standards, guidelines, and regulations. Enforcement Agency (NESREA Act) 17 National Policy on Flood and 2006 Addresses the need to combat erosion on the country. erosion Control 18 National Oil Spill Detection and 2005 This statutory regulation makes adequate regulations on Response Agency (NOSDRA Act) waste emanating from oil production and exploration. 31 ESMF, ACE Impact Project, Nigeria Annex 2 : Excerpts of the Environmental Impact Assessment Decree no 86 of 1992 Part I: General Principles of Environmental Impact Assessment; and Part II : Environmental Assessment of Projects Part I: General Principles of Environmental Impact Assessment 1. The objectives of any environmental Impact assessment (hereafter in this Decree referred to as "the Assessment") shall be - (a) to establish before a decision taken by any person, authority corporate body or unincorporated body including the Government of the Federation, State or Local Government intending to undertake or authorize the undertaking of any activity that may likely or to a significant extent affect the environment or have environmental effects on those activities shall first be considered; (b) to promote the implementation of appropriate policy in all Federal Lands (however acquired) States and Local Government Areas consistent with all laws and decision making processes through which the goal and objective in paragraph (a) of this section may be realized; (c) to encourage the development of procedures for information exchange, notification and consultation between organs and persons when proposed activities are likely to have significant environmental effects on boundary or trans-state or on the environment of bordering towns and villages. 2. (1) The public or private sector of the economy shall not undertake or embark on public or authorize projects or activities without prior consideration, at an early stages, or their environmental effects. (2) Where the extent, nature or location of a proposed project or activity is such that is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of this Decree. (3) The criterion and procedure under this Decree shall be used to determine whether an activity is likely to significantly affect the environment and is therefore subject to an environmental impact assessment. (4) All agencies, institutions (whether public or private) except exempted pursuant to this Decree, shall before embarking on the proposed project apply in writing to the Agency, so that subject activities can be quickly and surely identified and environmental assessment applied as the activities being planned. 3. (1) In identifying the environmental impact assessment process under this Decree, the relevant significant environmental issues shall be identified and studied before commencing or embarking on any project or activity covered by the provisions of this Decree or covered by the Agency or likely to have serious environmental impact on the Nigerian environment. (2) Where appropriate, all efforts shall be made to identify all environmental issues at an early step in the process. Part II : Environmental Assessment of Projects 14. (1) Notwithstanding the provisions of Part I of this Decree, an environmental impact assessment shall be required where a Federal, State or Local Government Agency Authority established by the Federal, State or Local Government Council - (a) is the proponent of the project and does any act or thing which commits the Federal, State or Local Government authority to carrying out the project in whole or, impact; (b) makes or authorises payment or provides a guarantee for a loan or any other form of financial assistance to the promoter of a sub-project for the purpose of enabling the project to be carried out in whole or in part, except when the financial assistance is in the form of any reduction, avoidance, deferral, removed, refund remission or other form of relief from the payment of any tax, duty or excise under Customs Tariff (Consolidated) Act or any Order made thereunder, unless that financial assistance is provided for the purpose of enabling an individual project specifically named in the enactment, regulation or order that provides the relief to be carried out; (c) has the administration of Federal, State or Local Government and leases or otherwise disposes of those lands on or any tests in those lands or transfers the administration and control of those lands or invest therein in favour of the Federal Government or its agencies for the purpose of enabling the project to be carried out in whole or in part. 32 ESMF, ACE Impact Project, Nigeria (d) under the provisions of any law or enactment, issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part. 16. Whenever the Agency decides, that there is the need for an environmental assessment on a project before the commencement of the project the environmental assessment process may include - (a) a screening or mandatory study and the preparation of a screening report; (b) a mandatory or assessment by a review panel as provided in section 25 of this Decree and the preparation of a report; (c) the design and implementation of a follow-up program. 17. (1) Every screening or mandatory study of a project and every mediation or assessment by a review panel shall include a consideration of the following factors, that is – (a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project and any cumulative environmental effects that are likely to result from the project in taking into consideration with other projects, that that have been or will be carried out; (b) the significance or, in the case of projects referred to in section 43 44 or 45, the seriousness of those effects; (c) comments concerning those effects received from the public, accordance with provisions of this Decree; (d) measures that are technically and economically feasible and that would mitigate any significant or, in the case of projects referred to in sections 43, 44, or 45 any serious adverse environmental effects of the project. 33 ESMF, ACE Impact Project, Nigeria Annex 3 : Procedures in case of fortuitous discovery of physical cultural property It is possible that, during the implementation phase, Project activities may have unforeseen effects on physical cultural properties, particularly in case of incidental discoveries. The "physical cultural property" to which the procedures of OP 4.11 apply are "movable or immovable objects, sites, works or groups of works of archaeological, paleontological, historical, architectural, religious, aesthetic or other value ". To this end, in accordance with the chance find procedures of World Bank OP 4.11:  Project officials should ensure that ESMP / EIS Terms of Reference include aspects of incidental discovery of physical cultural property and that procedures for incidental discoveries are effectively provided for in construction contracts, in collaboration with legally responsible services.  The contractor charge of the works must include in its Environmental and Social Management Plan – Worksite (ESMP-BS) and actually follow the procedures provided in case of incidental discovery of cultural property:  Beforehand, inform the workers about the goods concerned and the procedure to follow;  After discovery: secure the site; stop immediately the work in the case of an archaeological remains (cave, furnaces, cemetery, burial, old objects of art, figurines, statuettes);  Inform the local branch of the Ministry of Tourism and Culture and the National Council of Arts and Culture;  Delimit the site of the discovery;  Do not resume work unless authorized by the responsible local authorities and the Ministry of Tourism and Culture. [Source : World Bank (2009) Cultural Heritage in Environmental Assessment (1994)] See the full text of this document on-line: https://siteresources.worldbank.org/INTSAFEPOL/1142947- 1116497775013/20507410/ Update8 Cultural HeritageInEASeptember1994.pdf 34 ESMF, ACE Impact Project, Nigeria Annex 4: Managing the risks of adverse impacts from temporary project induced labor influx Excerpts from MANAGING THE RISKS OF ADVERSE IMPACTS ON COMMUNITIES FROM TEMPORARY PROJECT INDUCED LABOR INFLUX (Note prepared in 2016 by Operations Policy and Country Services (OPCS) and Environmental and Social Safeguards Advisory Team (ESSAT).2 Bank-financed investment projects often involve construction of civil works for which the required labor force and associated goods and services cannot be fully supplied locally for a number of reasons, among them worker unavailability and lack of technical skills and capacity. In such cases, the labor force (total or partial) needs to be brought in from outside the project area. In many cases, this influx is compounded by an influx of other people (“followers”) who follow the incoming workforce with the aim of selling them goods and services, or in pursuit of job or business opportunities. The rapid migration to and settlement of workers and followers in the project area is called labor influx, and under certain conditions, it can affect project areas negatively in terms of public infrastructure, utilities, housing, sustainable resource management and social dynamics. The influx of workers and followers can lead to adverse social and environmental impacts on local communities, especially if the communities are rural, remote or small. Such adverse impacts may include increased demand and competition for local social and health services, as well as for goods and services, which can lead to price hikes and crowding out of local consumers, increased volume of traffic and higher risk of accidents, increased demands on the ecosystem and natural resources, social conflicts within and between communities, increased risk of spread of communicable diseases, and increased rates of illicit behavior and crime. Such adverse impacts are usually amplified by local- level low capacity to manage and absorb the incoming labor force, and specifically when civil works are carried out in, or near, vulnerable communities and in other high-risk situations. While many of these potential impacts may be identified in a project’s Environmental and Soci al Impact Assessment (ESIA), they may only become fully known once a contractor is appointed and decides on sourcing the required labor force. This means that not all specific risks and impacts can be fully assessed prior to project implementation, and others may emerge as the project progresses. Key Principles that are key to properly assessing and managing the risks of adverse impacts on communities that may result from temporary project induced labor influx. • Reduce labor influx by tapping into the local workforce. • Assess and manage labor influx risk based on appropriate instruments. • Incorporate social and environmental mitigation measures into the civil works contract. • Risk of social conflict (conflicts may arise between the local community and the construction workers, which may be related to religious, cultural or ethnic differences, or based on competition for local resources). • Increased risk of illicit behavior and crime • Influx of additional population (“followers”) (people who expect to get a job with the project, family members of workers, as well as traders, suppliers and other service providers). • Impacts on community dynamics. • Increased burden on and competition for public service provision. • Increased risk of communicable diseases and burden on local health services (the influx of people may bring communicable diseases to the project area, including sexually transmitted diseases (STDs), or the incoming workers may be exposed to diseases to which they have low resistance). 2 The full document may be found on-lie : http://pubdocs.worldbank.org/en/497851495202591233/Managing- Risk-of-Adverse-impact-from-project-labor-influx.pdf. 35 ESMF, ACE Impact Project, Nigeria • Gender-based violence (inappropriate and criminal behavior, such as sexual harassment of women and girls, exploitative sexual relations, and illicit sexual relations with minors from the local community). • Child labor and school dropout. • Local inflation of prices. • Increased pressure on accommodations and rents. • Increase in traffic and related accidents. 36 ESMF, ACE Impact Project, Nigeria Annex 5 : Simplified Screening form (SSF) for environmental and social impacts 1. Nature of the activity : .………………………………………………………………………………………….. 2. SSF Number : ………….. 3. Location : ………………………………………………………………………………………………………………… 4. Name and address of the Promoter of the sub-project : ………………………………………………………………………………………………………………………………….. A) GENERAL ELIGIBILITY Does the activity … Yes No Have an impact on areas for which the World Bank operational policies have not been triggered? In particular:  Impact on natural habitats (under OP 4.04, Natural Habitats)  Use of pesticides to control pests (under OP 4.09, Pest Management)?  Disrespect for human dignity, human rights, economic systems and cultures of indigenous peoples (under OP 4.10: Indigenous Peoples)?  Involuntary taking of land (Under OP 4.12: Involuntary resettlement)  Impact on forest health and quality (under OP 4.36: Forests) ?  Serious consequences resulting in malfunctioning or stopping a dam (under OP 4.37 Safety of dams)?  Effects on waters of two or more states (under OP 7.50 International waterways)?  Sub-projects located in disputed areas (under OP 7.60, Disputed areas ? If the answer is YES to one of these general eligibility questions: the sub-project is not eligible under the ACE IMPACT Project. B) ENVIRONMENTAL IMPACT Will the activity … Yes No 1 Include removal and/or cutting of a considerable number of trees? 2 Potentially affect the ecology of a protected area (eg interference on mammalian or bird migration routes) ? 37 ESMF, ACE Impact Project, Nigeria 3 Potentially affect geological or soil instability (eg, erosion, landslides and subsidence)? 4 Be located in an area threatened by silting ? 5 Is located in an area where there is no household waste management system? 6 Generate non-hazardous waste that will be stored on the project site? 7 Involve the use of an already over-exploited groundwater? 8 Contribute to reducing the amount of water available to other local users? 9 Is located in an area where there is no sanitation network? 10 Occur in old establishments that may contain asbestos cement ? 11 Include large deep excavations? 12 Have important potential accidental soil erosion, groundwater pollution and contamination? 13 Greatly increase air pollution and dust generation ? 14 Greatly increase noise pollution and vibrations?  If the answer is YES to one of these general eligibility questions: An Environmental and Social Management Plan (ESMP) will be prepared in line with WB requirements – even if, because of the nature of the works, national procedures do not require the preparation of a PER or of an EIA.  If the answer is NO to all questions: According to national regulations, an PER or an EIA will not be mandatory. However, in compliance with WB policies 4.01 and 4.11, the preparation of an SSF or, in certain cases, of a fully-fledged ESMP, will be considered as necessary. 38 ESMF, ACE Impact Project, Nigeria Annex 6 : Terms of Reference : Preparation of an ESMP I. INTRODUCTION AND CONTEXT This section of the ToRs will be completed at the appropriate time and will provide basic information regarding the nature and activities of a sub-project under the ACE IMPACT Project. II. OBJECTIVES This section will: (i) present the objectives and activities planned under the specific sub-project (construction, rehabilitation or extension of buildings or other facilities); and (ii) indicate activities that may have environmental and social impacts and that require attenuation measures. III. TASKS OF THE CONSULTANT The consultant will be mandated to prepare a single document including an Environmental and Social Impact Assessment (ESIA) and an Environmental and Social Management Plan (ESMP) of the sub- project in accordance with national procedures for EIA and World Bank operational policies that were triggered under the Project (ie PO 4.01 Environmental evaluation and 4.11 Physical cultural resources). To do this, the Consultant should refer directly to the results of the analyzes and recommendations of the Project's Environmental and Social Management Framework (ESMF). This document should be prepared with a level of detail sufficiently precise to be included in the tender for construction companies, in order to allow a correct estimate of the costs of these activities and to be part of the specifications of the successful bidder. IV. THE MANDATE OF THE CONSULTANT  Prepare a complete ESMP (see Outline in appendix)  Provide a general description of the characteristics of the environment in which the activities of the sub-project will take place.  Highlight the major constraints that need to be taken into account when preparing the land, construction and during operation.  Conduct a detailed risk analysis.  Evaluate the potential environmental and social impacts due to sub-project activities. o Determine the significance of positive and negative impacts, direct and indirect impacts and immediate and long-term impacts associated with the sub-project o Identify risk mitigation measures. o Consider the potential impacts of a project on physical cultural resources and follow the required procedures.  Analyze alternative options.  Identify work supervision mechanisms  Define the framework of information, consultation and public participation.  Present institutional arrangements for the monitoring and reporting systems  Describe the arrangements for handling complaints and resolving potential conflicts V. QUALIFICATIONS AN PROFILE OF THE CONSULTANT  University degree at the Master's level (or equivalent), specialization in environmental sciences or geography or agronomy or development studies or affiliated disciplines.  At least 5 years of experience conducting environmental studies or environmental assessment of projects or implementing environmental initiatives. 39 ESMF, ACE Impact Project, Nigeria APPENDIX : General outline of the ESMP The ESMP will include the following elements : 1. Description and rationale of the sub-project (area, area, population affected, etc.) 2. Role of key stakeholders and definition of their responsibilities 3. Identification of the eligible beneficiaries of the sub-project and the persons affected 4. Detailed presentation of the main potential environmental risks (pre-construction phase, work phase, maintenance phase) 5. Detailed presentation of the various technical measures envisaged to mitigate the risks 6. Framework concerning the Information, Consultation and Participation of stakeholders 7. Presentation of training initiatives and capacity building 8. Presentation of work supervision mechanisms 9. Definition of monitoring indicators and control of mitigation measures 10. Outline of the program for monitoring the implementation of the mitigation measures 11. Definition of the monitoring, supervision and control system 12. Schedule of implementation of sub-project activities 13. Description of the organizational responsibilities for the implementation of the sub-project 14. Description of the arrangements for handling complaints and settling potential conflicts 15. Definition of reporting system (fact sheets) 16. Presentation of the public disclosure system of the ESMP 17. Detailed budget 40 ESMF, ACE Impact Project, Nigeria Annex 7: General Outline of a Worksites-Environmental and social Plan (W-ESMP) (To be prepared by a contractor). A simplified ESMP-W will be prepared by small enterprises involved in minor works 1. ENVIRONNEMENTAL POLICY OF THE CONTRACTOR: General Statement 2. OBJECTIVES 2.1 Preparation of the ESMP 2.2 Responsibilities of the Contractor 2.3 Responsibilités of sub-contractors 2.4 Documentation related to monitoring and control 2.5 Security and Hygiene Plan (SHP) 2.6 Implementing and updating the W-ESMP 3. ENVIRONNEMENTAL MANAGEMENT SYSTEM 3.1 Responsibilities of the contractor 3.2 Sub-contractors 3.3 Planning the Environment, Health, Hygien and Security documentation 3.4 Request for approval of site 3.5 Management of non compliances 3.5 Humain resources 3.6 Controls 3.7 Reporting 3.8 Notification of accidents 3.9 Internal regulations 3.10 Training on Environmentn Health, Hygien and Security 3.11 Standards 4. PROTECTION OF THE ENVIRONMENT 4.1 Protection of sourrounding areas 4.2 Selection of escavation and site access areas 4.3 Effluents 4.4 Water management 4.5 Rivers and streams 4.6 Emissions and dust 4.7 Noises and vibrations 4.8 Waste management 4.9 Clearing of vegetation 4.10 Erosion and sedimentation 4.11 Cleaning up after works 4.12 Documentation concerning the site (after the works) 5. SECURITY AND HYGIENE 5.1 Safety and hygien plan 5.2 Daily and weekly meetings 5.3 Equipment and operating standards 5.4 Working licenses 5.5 Equipment and individual protection 5.6 Hazardous material 5.7 Emergency planning 5.8 Ability to work 5.9 First help 5.10 Health center and medical staff 5.11 First aid kits 5.12 Emergency medical evacuation 41 ESMF, ACE Impact Project, Nigeria 5.13 Health care access 5.14 Medical moitoring 5.15 Sanitary repatriation 5.16 Hygiene 5.17 Sexually transmitted diseases and infections 5.18 Substance abus 6. LOCAL WORKFORCE AND RELATIONS WITH THE COMMUNITIES 6.1 Local recruitment 6.2 Transportation and housing 6.3 Meals 6.4 Damage to people and property 6.5 Occupation or acquisition of land 6.6 Traffic and rolling stock management 7. ADDITIONAL AND SPECIFIC MEASURES 7.1 Security in risk areas 7.2 Relations with neighboring communities 7.3 Grievances management 7.4 Gender issues 7.5 Procedure in case of incidental discovery (chancefinds) of arcgeological artifacts 7.6 Internal audits ANNEXES ANNEE 1 : Mitigation mesures: Pre-construction ANNEX 2 : Mitigation mesures : Construction phase ANNEX 3 : Responsibilities to monitor and control the implementation of mitigation mesures 42 ESMF, ACE Impact Project, Nigeria Annex 8 : Indicative list of environmental measures These measures could be included (partially or entirely) as environmental and social clauses in contracting firms' contracts. 1. Prohibited actions The following actions are prohibited on the subproject site or in its immediate vicinity: • Cut trees outside the construction zone; • Use unauthorized raw materials; • Intentionally destroying a discovered physical cultural resource; • Continue to work after discovering an archaeological remains (cave, cave, cemetery, burial ground); • Use firearms (except authorized guards); • Consume alcohol on the job site and during working hours. 2. Management mesures 2.1 Environmental mesures management (precautions to be taken by the building company during the works to avoid the occurrence of nuisances and impacts). • Waste management o Minimize the production of waste and then eliminate it; o Set up controlled assembly sites; o Identify and classify potentially hazardous waste and apply specific disposal procedures (storage, transportation, disposal); o Entrust the disposal to the approved professional structures; o Store and dispose of construction waste consistent with national regulations • Equipment maintenance o Delimit garage, repair and maintenance areas (washing, emptying) of materials and equipment away from any source of water; o Carry out maintenance on the demarcated areas; o Properly manage the draining oils. • Fight against erosion and filling of water courses o Avoid creating trenches and deep furrows along developed access roads; o Avoid disposing of loose materials on sloping ground; o Erect protections around borrow pits and deposits of fine soft materials • Materials in reserves and loans o Identify and delineate areas for stockpiled materials and borrow pits, ensuring that it is at a safe distance (at least 50 m) from steep slopes or erosion-prone soils and drainage areas. water close; o Limit the opening of borrow pits to the strict minimum necessary.  Fight against dust and other nuisances o Minimize dust emission to avoid or minimize negative consequences influencing air quality o Limit speed to 24 km / h within 500 m of the site; o Regularly water areas prone to dust emission during the day; o Respect the hours of rest for work in residential areas in the city, or during school hours for repairs and rehabilitations. 2.2. Safety management (safe layout on the site to be taken by the contracting company, according to national health and safety standards for the benefit of the workers and adequate signage of the site to avoid accidents). • Properly and permanently sign site access roads and hazardous areas of the site; • Make staff aware of the wearing of safety equipment (nose cover, glove, helmet, etc.); • Regulate traffic on leaving school; • Interrupt all work during heavy rains or in case of emergency. 43 ESMF, ACE Impact Project, Nigeria 2.3 Relations with the neighborhood • Inform local authorities about the detailed schedule of work and the risks associated with the site; • Systematically recruit local workers of equal competence; • Contribute to the maintenance of tracks used by vehicles serving the site; • Avoid supply disruption of basic services (water, electricity, telephone) due to work otherwise inform at least 48 hours in advance; • Do not work at night. Otherwise, inform the local authorities at least 48 hours in advance. 2.4. Implementation of ‘‘Chance Find Procedure’’. Its application makes it possible to safeguard the historical vestiges for the benefit of the culture and the economic activities like the tourism. It consists in alerting the competent authority in case of discovery of vestige (objects of ancient art, archaeological vestiges, etc.) during the opening and the exploitation of the quarries and pits of loan, and during the scours for the constructions themselves. same. It will be for the contractor to: • To inform workers of the goods concerned and the procedure to be followed; • Immediately stop the work in the case of an archaeological remains (cave, cave, furnaces, cemetery, burial) pending the decision of the competent authority; • In the case of objects (figurines, statuettes) circumscribe the area and alert the competent authority; • Do not resume work unless authorized by the competent authority. 44 ESMF, ACE Impact Project, Nigeria Annex 9 : Summary of Proceedings at Public Consultation Forum In the Table below, there is a summary of the issues/comments raised by the various stakeholders and how the issues were addressed at the meeting. Table: Summary of Proceedings at Public Consultation Forum Items Description Date of Public consultation 24 October 2018 Name of Stakeholders Centers of Excellence Name of Stakeholders Centers of Excellence in University of Benin, University of Jos, African University of Science and Technology (AUST), Benue State University Markurdi, Bayero University Kano and Obafemi Awolowo University Ife. Language of English communication Introduction The Project Coordinator, ACE Impact, Joshua gave an opening remark, and gave an overview of the project background and proposed project interventions. He encouraged active participation in the public consultation as the forum would address all concerns as the project works towards the finalization and disclosure of the ESMF. The World Bank (WB) Senior Environmental Specialist; Joseph Akpokodje highlighted on the objectives and the need of a stakeholder consultation in order to more efficiently deliver improved project sustainably especially the poor and vulnerable. Issues/Comments Raised by the stakeholders How the concerns were/are addressed Ugochukwu Mmegwa from the Phytomedicine The WB specialist highlighted on various best Research Laboratory, University of Jos gave an practice and innovative technologies that overview of ongoing activities in the lab as part could be implored to contain different waste of the ACE 1 project. He noted that there were streams. However, he noted that project ongoing projects which include the production of teams share experiences and Standard mushrooms in an organic park as well as Operating Procedures (SOP) to learn on these establishing a proposed vegetable farm. He best practices. noted that safety protocols are in place and no NPKs or chemicals are used in growing the mushrooms. Regarding the renovation of buildings, there is an existing plan prepared and SOPs in place. He however raised concerns on the solid waste and waste water management. Jane Enobakhare from Reproductive Health It is expected that the ESMP report prepared Laboratory, University of Benin, reported that and disclosed is adhered to especially in the there the construction of buildings were carried construction and operations phases of the out and noted that scientists require adequate project. training to carry out due diligence on environmental issues. Paul Bija form the center for food technology The WB specialist iterated on the safeguards and research, Benue State University reveled policies triggered for the ACE Impact project as that there were construction of a buildings it is expected that there will no land including labs and the construction of a fish lab acquisitions or loss of livelihood. However, OP 45 ESMF, ACE Impact Project, Nigeria which disposes its waste water into a farm within 4.12 is not triggered on the project. It is the university premises. expected that all lands are within and owned by the university and wastes generated are adequately disposed. Bukola Ojo from Software Engineering Obafemi The WB specialist emphasized on electronic Awolowo University Ile-Ife disclosed that all labs waste management and the need for effective have been constructed ad commissioned and the collection and reuse of electronics. ESMP prepared and disclosed.. Kabir M. Umar from Centre for Dryland It is expected that the ESMP report prepared Agriculture, Bayero University Kano stated that and disclosed is adhered to especially in the an ESMP has been prepared for ACE I activities construction and operations phases of the for activities which includes the upgrade of farms project. including fence, and laboratories. He noted that staff had undergone trainings in collaboration with UNIDO on SOPs for Labs. In addition, plant tissue wastes are usually incinerated. Inegbenose Osoba from Pan African Institute, The WB specialist noted that issues about African University of Science and Technology laboratories polluting ground water should be (AUST) indicated that the institute focuses on the avoided and urged other centers of excellence improvement of learning outcomes at the post with similar activities to share SOPs and graduate level. Activities includes the experiences procurement of equipment, waste management systems such and filtration systems for liquid and gas waste Attendance s/n Name Institution Designation Email Phone 1 Jane Enobakhare University of Safeguard Sede.jane@yahoo.com 08036872631 Benin Officer 2 Onoh Vivian University of Program vivianonoh@gmail.com 08039101991 Ifunanya Benin Manager 3 Ugochukwu University of Safeguard Ugo.mmgwayahoo.com 08036810673 Mmegwa Jos Officer 4 Inegbenose African Safeguard eosoba@aust.edu.ng 08160854067 Osoba University of Officer Science and Technology (AUST) 5 Paul Bija Benue State Safeguard paulbija@gmail.com 08032254632 University Officer Markurdi 6 Kabir M. Umar CDA/Bayero Safeguard Kmumar.cda@buk.edu.ng 08109953370 University Officer Kano 7 Bukola Ojo Obafemi Safeguard Bukyojo68@yahoo.com 08033449627 Awolowo Officer University Ife 46 ESMF, ACE Impact Project, Nigeria 8 Joseph World Bank Senior jakpokodje@worldbank.org 08033740948 Akpokodje Environment Specialist 9 Omezikam World Bank Environmental oonuoha@worldbank.org 08106928160 Onuoha Specialist Photo of the participants 47