SFG2111 Federal Republic of Nigeria Updates of Environmental and Social Management Framework FOR West Africa Regional Disease Surveillance Systems Enhancement Project (REDISSE) FINAL REPORT APRIL, 2016 1 Table of Contents Content Page Title Page 1 Table of Contents 2 List of Tables 4 List of Figures 4 List of Boxes 4 List of Annexes 4 List of Abbreviations and Acronyms 5 Executive Summary 6 CHAPTER ONE: Project Description 25 1.1 Project Context 25 1.2 Project Development Objective (PDO) and Guiding Principles 26 1.3 Sectoral and institutional Context 26 1.4 Project location 28 1.5 Rationale for Preparation of Relevant Safeguard Documents 29 1.6 Purpose of the ESMF 29 1.7 Rationale for the ESMF and other Safeguards Instruments 30 1.8 Scope of the ESMF 30 1.9 Approach for the Preparation of ESMF 30 CHAPTER TWO: Proposed Project Activities 32 2.1 Project Description CHAPTER THREE: Policy, Legal and Institutional Framework 33 3.1 Introduction 33 3.2 Administrative Framework 33 3.2.1 Federal Level Institution 33 3.2.2 State Environmental Protection Agency or Authority 35 3.2.3 Legal and Administrative Structure at Local Government Area 35 3.2.4 International Level Institutions 35 3.3 Relevant Regulatory Instruments and Policies 36 3.3.1 Federal Level Environmental Regulatory Instruments 36 3.3.2 State Level 43 3.3.3 Applicable International Legal and Administrative Instruments 43 3.4 World Bank Safeguards Policies 43 3.4.1 World Bank Safeguards Policies Triggered by the Proposed Activity 43 3.5 Comparison between Nigeria EIA Guidelines and World Bank EA Guidelines 45 3.6 Adequacy of the Existing Institutional Framework for Addressing Potential Environmental & Social Issues ` 46 CHAPTER FOUR: Description of Biophysical and Socio-Economic Environment 47 4.1 Location 47 4.2 The Bio- Physical Environmental Features 47 4.2.1 Physical Environment 47 4.2.2 Biological Environment 49 4.3 The Social Environmental Features 50 4.3.1 Health facilities and Prevalent Diseases 51 4.3.2 Status of Health Care Institutions and Facilities 51 CHAPTER 5: Description of Potential Environmental and Social Impacts 52 5.1 Environmental and Social Screening Process 53 5.2 Environmental Screening Criteria 53 5.3 Project-Level Environmental and Social Reviews 54 5.3.1 Environmental and Social Impact assessment 55 5.3.2 Method of Impact Assessment for the ESMF 56 5.4 The Potential Positive Impacts 56 5.4.1 The Potential Negative Impacts 56 2 5.5 Cumulative Environmental and Social Impacts 58 5.6 Assessment of a No Project and Go Ahead Project Alternatives 58 CHAPTER 6 Environmental and Social Mitigation Measures 60 6.0 Introduction 60 6.1 Approach to Developing Mitigation Measure 60 6.2 Mitigation Measures 60 6.3 Enhancement of positive Impacts and Reduction/Avoidance of Negative Impacts 63 6.3.1 Gender Mainstreaming and Vulnerability Assessment 63 6.3.2 Waste Management Plan 64 6.3.3 Pesticide Use and Management 64 CHAPTER 7: Public Involvement/Consultant 65 7.0 Introduction 65 7.1 Objectives of Public involvement/Consultations 65 7.2 Mechanism for Consultation and Participation 65 7.3 Identifying Stakeholders 66 7.4 This ESMF and Public Involvement 67 7.5 ESMF Communication Plan 67 7.5.1 Mechanism for Engagement/Consultation of PAPs 67 7.5.2 Plan for Future Consultations and Communication 68 CHAPTER 8: ESMF Implementation and Management 69 8.0 Introduction 69 8.1 Instituional Arrangements 69 8.1.1 Project Management Unit 69 8.1.2 Environmental and Social Safeguards Unit 69 8.2 ESMF Communication Plan 72 8.3 Measures for Strengthening Organizational Capability – Capacity Building and Training 72 8.4 Grievance mechanism 79 8.4.1 Grievance Management Process 79 8.4.2 Composition of Grievance redress Committee 79 8.4.3 Independent Mediation Committee 81 8.5 Environmental and Social Monitoring 81 8.6 Environmental Code of conduct, Social Integration and Participation 82 8.7 Budgets for the ESMF 83 8.8 Update and Revision of ESMF 84 8.9 Disclosures of Safeguard Instrument 84 CHAPTER 9: Conclusion 86 9.0 Conclusion 86 Bibliography 88 Annexes 89 3 List of Tables Table Page 3.1: World Bank Safeguard Policies 44 4.1: Nigerian Ambient Air Quality Standard 48 4.2: Air Quality Classification Based on TSP Values 48 5.1: Potential Negative Impact of the REDISSE 56 5.2 Analysis of the alternative 59 6.1: Approach to Mitigation Measure Development 60 7.1: Future Consultations and Communication Tool 68 8.1: Safeguard Responsibilities 70 8.2.: Training/Capacity Building Needs 73 8.3: Principal Steps of the Grievance Management Process 80 8.4: Estimated Annual Budget to Implement ESMF 84 8.5: Typical Information to be disclosed 85 List of Figures Figure Page 1.2: ESMF Preparation Approach 31 3.1: Map of Nigeria showing the states and FCT 47 5.1: Steps in Environmental and Social Screening Processes 54 8.1: Grievance Redress Flow Path 80 List of Boxes Box 1 World Bank Safeguard Policies 44 List of Annexes Annex Page 1: Summary of World Bank Environmental and Social Safeguard Policies (10+2) 89 2: Generic Environmental and Social Screening Form 90 3: Federal Guidelines for EIA Process - EIA ACT No.86 of 1992 96 4: Draft Terms of Reference for the ESIA for Site Specific Subproject 100 5: Draft Terms of Reference for the ESMP for Site Specific Subproject 103 6: Climate Change- Impact Vulnerability Assessment Due to Project 1129: Environemntal Interaction matrix and Checklist 104 7: Sample Checklist for Environmental Impact Prediction 105 8: Generic Environmental and Social Mitigation Measures Checklist 110 9 Gender Mainstreaming and Vulnerability Assessment 112 10 Protection of Cultural Property 113 11 Details of Public Consultations 114 12: Details of Public Consultations- photos in Kogi AState 119 13: Public Participation in Project Cycle 121 14: Grievance Registration Form 122 15 Indicative Environmental Code of Conduct and Clauses for Contractors 123 15-2: General Environemntal Management Conditions for Construction Contracts 125 16. Protocols for Handling Animal Wastes and Principles for Managing Debris Resulting from Rehabilitation of Buildings 131 4 LIST OF ACRONYMS ABIR Agribusiness Investment Region ARAP Abbreviated Resettlement Action Plan ARAR Applicable or Relevant and Appropriate Requirements ATA Agricultural Transformation Agenda CADP Commercial Agriculture Development Program CEFC Community and Farmer Environment Committee DFI Development Finance Institution EA Environmental Audit EMC Executive Management Committees EMP Environmental Management Plan ESMF Environmental and Social Management Framework ESIA Environmental and Social Impact Assessment EIA Environmental Impact Assessment FEPA Federal Environmental Protection Agency FGN Federal Government of Nigeria FMARD Federal Ministry of Agriculture and Rural Development FMEnv Federal Ministry of Environment FMEH Federal Ministry of Health GEMS3 Growth and Employment in States GES Growth Enhancement Support GON Government of Nigeria GRM Grievance Redress Mechanism ILO International Labor Organization IUCN International Union for Conservation of Nature KSG Kogi State Government SEPB State Environmental Protection Board SMENR State Ministry of Environment and Natural Resources LGA Local Government Area LGDO Local Government Desk Officer LNG Liquefy Natural Gas MDA Ministries Departments and Agencies NWRI National Water Resources Institute NESREA National Environmental Standards and Regulations Enforcement NOSDRA National Oil Spill Detection and Response Agency NGO Non-Government Organization NIRSAL Nigerian Incentive-based Risk Sharing for Agricultural Lending NIPC Nigerian Investment Promotion Council NIWA Nigeria Inland Water Authority NTPF None Timber Forest Product PAPs Project Affected Persons PCU Project Coordinating Unit PDO Project Development Objectives PPP Public Private Partnership RAP Resettlement Action Plan RPF Resettlement Policy Framework RBDA River Basin Development Authorities SEPA State Environmental Protection Agency SCPZ Staple Crop Processing Zone SCPZA Staple Crop Processing Zone Authority SMEs Small and Medium Scale Enterprises SMEDAN Small and Medium Enterprises Development Agency of Nigeria SON Standards Organization of Nigeria SPV Special Purpose Vehicle TA Technical Assistance WAAPP West Africa Agricultural Productivity Program WHO World Health Organization 5 EXECUTIVE SUMMARY Background The West Africa Regional Disease Surveillance Systems Enhancement Project (REDISSE) will be implemented as an interdependent series of projects (SOP) that will eventually engage and support all 15 ECOWAS member countries. This is the first project in the series, REDISSE-SOP1 which targets both extremely vulnerable countries (Guinea, Sierra Leone and Liberia) and countries which have more effective surveillance systems and serve as hosts for important regional assets (Nigeria and Senegal). Phase 2 (REDISSE-SOP2) is expected to be delivered in the second quarter of Fiscal Year 17 (FY17). The estimated project financing for REDISSE-SOP2 is US$102 million. FY17 delivery of this project will allow additional time for consultations, assessments and planning needed to ensure country readiness. REDISSE-SOP2 countries will include: Cote d’Ivoire, Guinea Bissau, Ghana, Togo, Benin and possibly The Gambia. Together, REDISSE SOP 1&2 constitute a block of equatorial, coastal countries with shared borders and similar epidemiologic profiles which extends from Senegal in the west to Nigeria in the east. The series of projects will be implemented in the context of the African Integrated disease surveillance and Response Strategy, international standards and guidelines of World Health Organization (WHO), World Organization for Animal Health (OIE), and Food and Agriculture Organization of the United Nations (FAO), fostering a One Health Approach. The animal health sector in the ECOWAS region is characterized by a high incidence and prevalence of infectious diseases communicable diseases, both zoonotic and non-zoonotic, impacting veterinary and public health, trade, rural development and livelihoods. Among the most serious infectious diseases, contagious bovine pleuropneumonia (CBPP), foot and mouth disease (FMD), African Swine Fever (ASF), Rift Valley Fever (RVF), Peste des Petits Ruminants (PPR), African Animal Trypanosomiasis (AAT), highly pathogenic avian influenza (HPAI), and rabies are highlighted by ECOWAS and the GF-TADs for Africa. Animal health is seen as a priority by the two regional economic communities in West Africa. ECOWAS and WAEMU have set a target of harmonizing national animal health systems. WAEMU, which covers 8 countries in the region, has moved forward on a number of fronts in particular on the harmonization of regulations on veterinary medicinal products, but progress has been slow due to administrative, human, organizational and financial constraints. In 2012, ECOWAS member countries declared the Regional Animal Health Center (RAHC) —an informal platform originally set up in 2006 by OIE, FAO and AU-IBAR as the ECOWAS specialized technical center for animal health. An operational plan for RAHC was developed in August 2014. However, delays in staff recruitment and establishment of a dedicated operational budget have kept the institution from implementing this plan and rolling-out activities in accordance with its mandate. The RAHC is currently supported through a limited number of initiatives with specific objectives, including to further develop the One Health agenda in the region, and to develop Integrated Regional Coordination Mechanisms for the Control of TADs and Zoonoses (IRCM). The WB-financed Regional Sahel Pastoral Support project (PRAPS), which supports the improvement of animal health in 6 West African Sahel countries, also specifically aims at contributing to the operationalization of the RAHC. The Development Partner landscape in the sub-region is complex, particularly in the three countries most affected by the 2014-2015 EVD epidemic. The Ebola outbreak triggered a significant international response that brought many partners together to address the crisis and support the post- Ebola agenda of health systems recovery and strengthening. It also highlighted the need to focus attention on building the capacity for disease surveillance and response in the sub-region for both human and zoonotic diseases. The development partners engaged on these issues in the sub-region include major donor organizations including development banks, multilateral and bilateral donors and private foundations; UN systems agencies; technical agencies such as the US and China Center for Disease Control and Prevention; academic and research institutions and large numbers of international and local non-governmental organizations. As noted in Annex 2, in this type of environment duplication of effort, inefficient use of resources and failure to address resource, policy and programmatic gaps is a substantial risk. It is expected that there will continue to be an influx of funds and other forms of support to the region, in particular, to the three EVD affected countries (Guinea, Sierra Leone, and Liberia) in the next three to five years. As a result, coordination of resources and activities offered by the various partner organizations will remain a significant challenge for national governments. Therefore, coordination mechanisms at both national and regional levels that engage both the human and animal health sectors need to be developed to 6 maximize the impacts of the increasing support and foster sustainability of the anticipated outcomes. The World Bank's convening power will be highly instrumental in forging a coalition of national, regional, and global technical and financial institutions to support the disease surveillance and epidemic preparedness agenda in West Africa. The World Bank is well placed to mobilize substantial financing for this multi-sector initiative and to convene premier technical and financial partners engaged in the field of disease surveillance and epidemic preparedness. The World Bank has strategically engaged with a core group of development partners including those implementing the Global Health Security Agenda (GHSA) in the development of the REDISSE project. The REDISSE project itself will provide resources to regional institutions and national governments to establish the needed coordinating mechanisms Project Development Objective (PDO) The project’s development objective (PDO) is to strengthen national and regional cross -sectoral capacity for collaborative disease surveillance and epidemic preparedness in West Africa. It will address systemic weaknesses within the animal and human health systems that hinder effective disease surveillance and response. The REDISSE Project has five components as follows: Component 1: Surveillance and Information Systems:  support the enhancement of national surveillance and reporting systems and their interoperability at the different tiers of the health systems.  support national and regional efforts in the surveillance of priority diseases (including emerging, re-emerging and endemic diseases) and the timely reporting of human public health and animal health emergencies in line with the IHR (2005) and the OIE Terrestrial Animal Health code. Component 2: Strengthening Laboratory Capacity:  establish networks of efficient, high quality, accessible public health, veterinary and private laboratories for the diagnosis of infectious human and animal diseases, and  establish a regional networking platform to improve collaboration for laboratory investigation.  address critical laboratory system weakness systems weaknesses across countries, fostering cross-country and cross-sectoral (at national and regional levels) collaboration. Component 3: Preparedness and Emergency Response:  support national and regional efforts to enhance infectious disease outbreak preparedness and response capacity.  support (i) updating and/or development of cross-sectoral emergency preparedness and response plans (national and regional) for priority diseases, and ensuring their integration into the broader national all-hazards disaster risk management framework; (ii) regular testing, assessment, and improvements of plans; (iii) expansion of the health system surge capacity including the allocation and utilization of existing pre-identified structures and resources (at the national and regional level) for emergency response, infection prevention and control. Component 4Human resource management for effective disease surveillance and epidemic preparedness:  Cross-cutting given that animal and human health workers form the backbone of Disease Surveillance (Component 1), Laboratories (Component 2) and Preparedness and Response (Component 3) ensure effective human resource management aims at bringing the right people with the right skills to the right place at the right time. Component 5: Institutional Capacity Building, Project Management, Coordination and Advocacy:  focus on project management which includes fiduciary aspects (financial management and procurement), M&E, knowledge generation and management, communication, and management (capacity building, monitoring and evaluation) of social and environmental safeguard mitigation measures. 7 Rationale for Preparation of Relevant Safeguard Documents The REDISSE project which has placed in category B, triggers two World Bank safeguards policies dealing with Environmental Assessment (OP/BP 4.01) and Pest management (OP/BP 4.09) respectively. Thus three safeguards instruments would be required: (i) Medical waste Management Plan; (ii) Integrated Pest Management Plan; and (iii) Environment and Social Management Framework. Purpose of the ESMF At this time of project preparation, the specific sites that the project would be implemented are not known in sufficient details. Hence the preparation of this framework document that outlines the principles and procedures that would be followed to ensure that implementation of REDDISSE meets with the existing EIA law in Nigeria and World Bank Safeguards policies. The ESMF spells out the Environmental and Social (E & S) safeguards, institutional arrangements and capacity required to use the framework. The ESMF sets out basic principles and processes within which the sub-projects are implemented agreeable to all parties. The other objectives of the ESMF include:  Assessment of potential adverse E&S impacts commonly associated with the sub-projects and the way to avoid, minimize or mitigate them;  Establishment of clear procedures and methodologies for the E&S planning, review, approval and implementation of sub-projects;  Development of an ESA screening/initial assessment system to be used for sub-projects; and  Specification of roles and responsibilities and the necessary reporting procedures for managing and monitoring sub-project E&S concerns. To realize the objectives of this ESMF, the scope of work include the following tasks:  Task 1: Describe the activities that will be financed by the REDISSE program  Task 2: Identify and analyse relevant Environmental policy and regulatory framework;  Task 3: Identify the Potential positive and negative environmental and social impacts;  Task 4: Design corresponding environmental and social mitigation principles in relation to the impacts identified;  Task 5: Develop a generic environmental and social management plan to mitigate negative impacts; Outline the steps and procedures for screening and scoping for potential environmental and social impacts as soon as the specific activities and sites are identified during implementation;  Task 6: Establish the Institutional framework managing the framework ;  Task 7: Develop a Training needs for the project; and  Task 8: Institute and carry out Public consultation. Approach for the preparation of ESMF In order to avoid re-inventing the wheel, the approach for prepaing this updated ESMF was to adopt the existing safeguards instruments such as the ESMF for the SCPZ and FADAMA, which had earlier before cleared and disclosed as Bank supported projects with adjustments as needed, to suit the REDISSE program  ESMFs will provide guidance on managing the environmental impacts of building rehabilitation and laboratory investigations which are the main environmental aspects of the REDISSE project Environmental and Social Screening and Assessment Process The screening process is the first step in operationalizing the ESMF process. The objective of screening is to identify the environmental and social safeguards category of sub-projects on the basis of the type of environmental or social concerns and expected impacts. As the overall project is category B no sub-projects could be category A. A checklist of items that are required to be adhered to conform to the provisions of this ESMF has been developed. Thus the various subprojects shall be cleared for implementation after undertaking the necessary environmental and social assessments, as mandated by the Environmental laws of Nigerian Governments (national and state) and conforming to the safeguard policies of the World Bank. The process for conformance to these 8 procedures is defined in this framework and the criteria established as per the checklist of items to enable the identification of such projects. The report on the outcome of the screening, scoping and EA category exercises for the first five sub- projects will be sent to the World Bank for review and clearance. In addition, all EAs/ESMP prepared will be sent to the World Bank for review and clearance to ensure compliance with OP4.01 and any other relevant safeguard policies, procedures and guidelines. Potential Environmental and Social Impacts and Mitigation Principles The project is envisaged to have a range of positive environmental and social impacts. Some of these are a function of the objectives of the project, while others are a function of the way in which the project is designed to meet its objectives. The project beneficiaries are the population of poor rural communities living aside in the vicinity of intervention areas. Specifically, the following are some of the benefits that could be due to the project: improved infrastructure, improved health care, , etc As a rule of the thumb, conversely, it is anticipated that the project would exert some negative impacts on the social and physical environment within which they are implemented. These impacts have been identified, albeit, generically but contains issues relevant to or applicable to the local environments of the proposed project area as outlined in the ES Tables a. In the Table the corresponding mitigation principles have been identified as well and this would be made more robust by the ESIA/ESMP that shall be prepared for each subproject when the sufficient details are known. Cumulative Environmental and Social Impacts No long term or cumulative adverse environmental and social impacts of sub-projects are envisaged. However, the combination of multiple impacts from existing projects, the proposed project, and/or anticipated future subprojects may result in significant negative and/or positive environmental and social impacts that would not be expected in case of a standalone project. The cumulative impacts of the project may potentially affect other areas coterminous to the project area but the mitigation measure for this risk is that in depth technical and spatial analysis will be conducted to model the impact of the proposed subprojects once sufficient details are known and thus limit the risks. In addition, the proposed screening of subprojects with the site specific ESIAs/ESMPs for the various potential subprojects would give priority to assessing cumulative impacts stemming from each proposed undertakings or subproject activities. ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities A. Environmental B. Rehabilitation Biodiversity  Avoid environmentally sensitive sites and of buildings  Interference on biodiversity unnecessary exposure or access to sensitive and diagnosis conservation (changes in flora habitat; of infectious and fauna) human and animal Water Resources  Promote buffer zones of at least 500m along diseases, and  Alterations of local natural the local streams to serve as natural filters for laboratory water cycles/ hydrology surface runoff from project activities . investigation.  Water quality issues  Consider the safety of all parties from the outset. Air quality  Ensure that vehicles and other  Degradation due to vehicular equipment are regularly inspected according movement, mobilization of to scheduled maintenance for proper exhaust equipment emission.  Deterioration from burning of  Train drivers to minimize speed limits on biomass of cleared forest and earthen roads in dry periods, especially addition of carbon into  do not burn any waste atmosphere  Burning waste release noxious and GHG gases 9 ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities Climate Change  Avoid burning of waste when there are Burning waste release noxious and risks of air contamination GHG Pesticides and Chemical Use  Encourage eco-friendly technologies-  Lethal and sub-lethal impacts Integrated Pest Management (See IPMP on other non-target biota; prepared for this REDISSE)  Washed out of soils, and  Intercrop with legumes as much as possible. pollute rivers and groundwater  Avoid uncontrolled mass spraying of  Intake of toxic chemicals by fungicides will be avoided. plants, animals and humans  Develop research and extension programs  Improper use, contamination addressing plant disease problems by high exposure due to no or  Environmental Agency assist farmers and poor precautionary measures Extension services on Safe handling, Storage leading to health impacts and Disposal Animals and Infectious Agents  Personnel conducting animal research with infectious agents or working with animals that carry potential zoonoses, must utilize isolation procedures that are  appropriate to the infection risk.  Conduct work with infectious agents according to good laboratory procedures and  Implement containment practices.  The employees shall be trained to know at least:  when is PPE necessary for the task  what PPE is necessary for the task  how to properly put on, take off, adjust and wear the Personal Protection Equipment (PPE)  The limitation of the PPE and proper care, maintenance and disposal of the used PPE Waste Management  Develop a waste management plan Waste generation of spoil and other describinghow to deal with all types of wastes construction waste; >Unsafe and improper disposal of spoil and >construction waste. >Soil contamination >Water contamination >Injury to personnel  Animals and Animal Tissue Disposal  Place carcass and/or tissue into a plastic bag and seal with tape or by tying.  Place bagged carcasses and tissues into a sturdy box.  Seal the box with tape.  Limit the weight of each box to 40 kg and write the weight on the box.  Animal carcasses larger than 40 kg must be sectioned unless approved by  Safety. Provide risk assessment guidance for sectioning is available from the Biological  Safety Office. Contact them prior to sectioning any biohazardous animals.  Animal tissue must be frozen. Freezing is 10 ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities required to prevent putrefaction and  Avoid aerosols or dripping from liquids.  Complete an Animal Tissue Disposal Service form and attach it to the box. These  Ensure forms are available from the Safety Department or from Safety's web site (see annex 19 for details):  SOCIAL Cultural Heritage  Avoidance of impacts due to project  Chance finds of cultural resources  Interference with local cultural identity and heritage Social Tension,& conflict  Continual engage in public consultation  Social exclusion of women or the vulnerable persons Traffic and Transportation  Indicate speed limits on the road  Increase in traffic on the  Use seep breakers with adequate signage roads  Animals must not be transported by public  Accident to people and transportation animals  Transportation of Research Animals Public and Occupational health and  Prepare and implement an Environmental, safety Health and Safety (EHS) plan which will  Lack of awareness creation outline procedures for avoiding health and programs on health and safety safety incidents and for emergency medical including chemical handling. treatment.  Unavailability and poor use of  Make it mandatory for all workers within the personal protective equipment zone and region to wear suitable Personal  Psychosocial disorder Protective Equipment (PPE) as appropriate.  Train workers sufficiently in safe methods of work  Conduct safety training for pesticide handlers and all agricultural workers which includes handling of agro-chemicals, use of PPE and what to do in the case of pesticide exposure.  Develop Emergency Response plan and ensure provisions of First Aids boxes  Create public awareness on HIV/AIDS awareness and treatment and other communicable diseases.  Conduct health screening  Conduct Occupational Health Risk Assessment for contractors, personnel and project affected communities (broader effects/health impacts of project activities on communities) Safety and security  Utilize the services of local security in  Safety and security of addition to the Nigerian Police community informants/ whistle  Train staff on security issues and continually blowers reinforce the awareness.  Safety and security of project field staff 11 ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities Fire and other Emergencies  Train staff for operation of fire extinguishers and evacuation procedures;  Develop facility for fire prevention or emergency response and evacuation plans  The worksite shall be equipped with adequate signage on escape routes and the provision of fire extinguishers and emergency equipment  Ensure maintenance of all fire safety systems  Ensure prompt response and evacuation in the event of any emergencies  Primary Emergency Procedures for Fires, Spills and Accidents (Gas Leaks)  Special Procedures for Radioactive Hazards  Building Evacuation Procedures Hazardous Materials in the laboratory Develop a General Rules that include:  Risk Assessment  Standard Operating Procedures (SOPs)  Laboratory Protocol  Accidents and Spills  Steps to Prevent Routine Exposure  Equipment and Glassware  Personal Protective Equipment (PPE)  Unattended Operations  Use of Fume Hoods  Storage of Chemicals in the Lab  Working with Allergens  Working with Embryotoxins  Working with Chemicals of Moderate Chronic or High Acute Toxicity  Working with Substances of High Chronic Toxicity (see annex 19 for details) Assessment of a No Project and Go Ahead Project Alternatives The Analysis of Alternatives is an analytical comparison of multiple alternatives and has long been a part of environmental assessment practice. The purpose of the analysis of the alternatives is to determine which alternative best meets the threshold criteria of sustainable development. The following alternative actions were considered in relation to the proposed project- In all ESIAs/ESMPs should contain an analysis of alternatives is done to establish the preferred or most environmentally sound, financially feasible and benign option for achieving project objectives. This requires a systematic comparison of proposed investment design in terms of site, technology, processes etc in terms of their impacts and feasibility of their mitigation, capital, recurrent costs, suitability under local conditions and institutional, training and monitoring requirements. For each alternative, the environmental cost should be quantified to the extent possible and economic values attached where feasible, and the basic for selected alternative stated. The analysis of alternative should include a NO ACTION alternative. The two scenarios should be considered herewith are with the preferred or most environmentally sound, financially feasible and benign option for achieving project objectives and ensuring economic growth and sustainable development being the option to choose. ESMF Implementation and Management The successful implementation of the ESMF depends on the commitment of the sector and related institutions, and the capacity within the institutions to apply or use the framework effectively, and the 12 appropriate and functional institutional arrangements, among others. Hence these key ESMF areas relevant to its successful implementation were included in the ESMF, namely: institutional arrangements, capacity building, environmental and social monitoring. . The roles and responsibilities of these levels of institutions with regard to this ESMF are outlined in the ES Table d. Table b: Safeguard Responsibilities S/No Category Roles 1 PMU Implementing authority, has the mandate to ensure: - Compliance with World Bank Safeguards Policies and other relevant laws in Nigeria in line with this ESMF - Smooth and efficient implementation of the project - Faithful implementation of the ESMF and other safeguard instruments developed for each subproject 2 PMU Safeguards - Assists PMU to comply with and fully implement World Unit/Safeguards Bank Safeguards Policies and other relevant laws in Officer Nigeria. - Take lead in ensuring adequate screening and scoping of project for the appropriate safeguard instrument. - Ensure adequate review of all safeguard reports before sent to the Bank - Supervision of the contractors, supervisors, training of contractors and workers, monitoring of the implementation of the ESMF and other safeguard instruments. 3 Federal Ministry of - Lead role -provision of advice on screening, scoping, Environment and review of draft EA/ESMP report (in liaison with State her agencies (Such Ministry of Environment), receiving comments from as NESREA) stakeholders, public hearing of the project proposals, and convening a technical decision-making panel, Project categorization for EA, ensuring conformity with applicable standards, Environmental and social liability investigations, Monitoring and evaluation process and criteria 4 State Ministry of - Collaborate FMEnv and participate in the EA processes Environment/EPA 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. 5 Federal Ministry of - Provides overall leadership and direction to the other Health MDAs by engaging all the critical stakeholders to support, cooperate with and participate in established policy direction; and - Pursues an agenda of encouraging and ensuring investors comply with all environmental laws and policies 6 State Ministry of - Coordinates state-wide emergency response Health programmes including creation of awareness on the appropriate chemicals/pesticides to use in consonance with this ESMF and IPMP 7 World Bank - Provides guidance on the compliance of safeguards policies - Will be involved in monitoring compliance with its safeguard policies via its oversight missions - Maintains an oversight role, review and provide clearance and approval for the ESMF and other relevant safeguard instruments developed for subprojects. - Conducts regular supervision for satisfactory 13 Table b: Safeguard Responsibilities S/No Category Roles ESMF/ESMP implementation, fulfillment of community liaison and provide support role throughout the project implementation, and monitor the progress of the project implementation. - Recommend additional measures for strengthening the management framework and implementation performance. - capacity building of the proponent as needed 8 Local government - Appoints Local Government Desk Officers (LGDOs) who visit communities on a regular basis to facilitate intensive participatory process and compliance to the local environmental laws - Support and work with the PMU by participating in environmental and social screening and scoping process of subprojects and public review of ESIA and ESMPs 9 NGOs/CSOs/CDA - Assist to ensure effective response actions to relevant environmental and social issues, - Conducts scientific researches alongside government groups to evolve and devise sustainable environmental strategies and rehabilitation techniques, - Organizing, coordinating and ensuring safe use of chemicals and pesticides through awareness creation - Providing wide support assistance helpful in management planning, institutional/governance issues and other livelihood related matter, Project impacts mitigation and monitoring 10 NEMA - Support with all the necessary emergency logistics and coordinate incident command system 11 State Waste - Provide logistics for waste management Management Agencies Capacity Building and Training Based on the public consultation, the capacity assessment of implementing federal and state level Ministries, Departments and Agencies (MDAs) as well as the PMU, were carried out. The effective functioning of the MDAs is hindered by limited technical skills and resource constraints. Thus, institutional barriers include:  Limited knowledge of the relationship between World Bank Safeguards policies and the extant environmental and social laws in Nigeria;  Lack of enforcement of development control regulations;  Limited knowledge on EIAs and Environmental and Social Audits during construction/rehabilitation of structures  Limited knowledge on Strategic Environmental and Social Assessment;  Limited technical capacity on waste management; In order to achieve the goal of the ESMF, there is a need for capacity building and strengthening of relevant competencies on environmental and social management at federal and state level MDAs State Ministry of. It involves organizational development, the elaboration of management structures, processes and procedures, not only within organizations but also the management of relationships between the different organizations and sectors (public, private and community). The environmental and social management requirements and provisions outlined in this ESMF, competencies and capacity building will be required in the following areas:  Environmental Impact Assessment Process - screening, scoping, impact analysis, mitigation measures and monitoring, reviewing ESIA reports;  Environmental Due Diligence - types of due diligence, screening projects for liabilities, scoping due diligence investigations and reviewing due diligence reports; and 14  Monitoring and Evaluation - understanding the importance of monitoring and evaluation (M&E) in project implementation, M&E requirements for environmental and social sustainability of projects. Specific areas for effective institutional capacity needs are given in c. 15 Table c.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Environmental and Social Accountability WB Safeguards PMU, Ministry Workshop ½ Working day During project World Bank World Bank Not Awareness of preparatory stage inclusive Training of Environment Environmental and , project Safeguards Policies affiliated triggered MDAs, World Bank Social PMU, Ministry Workshop ½ Working day During project World Bank World Bank Not Accountability System of preparatory stage inclusive Women Affairs, Community Development, Social Welfare and Poverty reduction, Project affiliated MDAs Nigerian Environmental PMU, Ministry Workshop ½ Working day During project Relevant Consultant PMU, Ministry of Guidelines of preparatory stage Environment and Introduction to Environment Environment and Basic Concept of project Environment affiliated Environmental MDAs, Regulations and Statutory requirements as per Government. 16 Table c.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Environmental PMU, Ministry Workshop 1 Working day During project Relevant Consultant PMU, Considerations in of preparatory stage Environmental subproject activities: Environment specialist, Ministry Environmental and of components affected project Environment and during construction and affiliated operation stages; MDAs Environmental management and Best practice; Stakeholder participation Project Screening and PMU, Ministry Training of ½ Working day During project Relevant Consultant PMU, Scoping of Environment Trainers preparatory stage Environmental and specialist, Ministry project of affiliated Environment and MDAs, Review of EIA and its PMU, Ministry Lecture and ½ Working day PMU, integration into designs of Environment Field visit Environmental EIA methodology; and specialist, Environmental provisions project Implementation affiliated arrangements MDAs Preparation of ESIA, EA Training of ½ Working day During project Relevant Consultant PMU, and Environmental EMP Term of Trainers preparatory stage specialist, Ministry Reference/Implementati of on Environment and Preparation and PMU, Ministry Training of ½ Working day During project Relevant Consultant PMU, administration of of Trainers preparatory stage Environmental questionnaires and Environment specialist, Ministry stakeholders and , project of consultation/FGD affiliated Environment and MDAs 17 Table c.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Project Management PMU, Ministry Training of ½ Working day During project Project Management PMU, (scope, implementation, of Trainers preparatory stage Consultant Environmental time, budget, costs, Environment specialist, Ministry resource, quality, and of procurement, monitoring project Environment and and evaluation) affiliated MDAs Environmental and PMU, Ministry Training of ½ Working day During project Relevant Consultant PMU, Social Audits of Trainers preparatory stage Environmental Environment specialist, Ministry and of project Environment and affiliated MDAs Strategic Environmental PMU, Ministry Training of ½ Working day During project Relevant Consultant PMU, and Social Assessment of Trainers preparatory stage Environmental (SESA) Environment specialist, Ministry and of project Environment and affiliated MDAs Logistic and planning PMU, Ministry Training of ½ Working day During project Relevant Consultant PMU, of Trainers preparatory stage Environmental Environment specialist, Ministry and , of project Environment and affiliated MDAs Total 15,000 Pesticides Use, Storage PMU, Project Training of ½ Working day During project Relevant Consultant PMU, State and Disposal of affiliated Trainers preparatory stage Ministry of containers MDAs Agriculture Total 10,000 18 Table c.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Training program (Health Impact Assessment) - HIA Overview of HIA PMU, Ministry of Training of Trainers During project Relevant PMU, State 7,500 Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Screening—How to PMU, Ministry of Training of Trainers During project Relevant PMU, State Decide Environment and , project affiliated preparatory Consultant Ministry of Whether to Conduct an MDAs stage Health HIA Environmental Health PMU, Ministry of Training of Trainers During project Relevant PMU, State Areas Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Scoping—How PMU, Ministry of Training of Trainers During project Relevant PMU, State Comprehensive Should Environment and , project affiliated preparatory Consultant Ministry of the MDAs stage Health HIA Be Baseline Data—What, PMU, Ministry of Training of Trainers During project Relevant PMU, State When, and How Much? Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Risk Assessment— PMU, Ministry of Training of Trainers During project Relevant PMU, State Assessing and Ranking Environment and , project affiliated preparatory Consultant Ministry of Impacts MDAs stage Health Health Action Plan PMU, Ministry of Training of Trainers During project Relevant PMU, State Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Monitoring and Verification Monitoring and PMU, Ministry of Training of Trainers During project Relevant PMU, State Verification Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Resourcing PMU, Ministry of Training of Trainers During project Relevant PMU, State Environment and , project affiliated preparatory Consultant Ministry of Health MDAs stage 19 Table c.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Training Programs [Occupational Health and Safety Management Plan (OHSMP) Occupational Health and PMU, Ministry of Training of Trainers During project Relevant PMU, State 7, 500 Safety(OHS) Leadership Environment and , initiation stage Consultant Ministry of Management project affiliated MDAs (Before Environment and Contractors, Project commencement affected Community of civil works) representatives Safety performance PMU, Ministry of Training of During project Relevant PMU, State assessment Environment and , Trainers initiation stage Consultant Ministry of project affiliated (Before Environment and MDAs, commencement Habitat Contractors of civil works) Hazard Analysis and PMU, Ministry of Training of During project Relevant PMU, State Control Environment and Trainers initiation stage Consultant Ministry of Habitat, project (Before Environment and affiliated MDAs, commencement Contractors of civil works) Hazard Communication PMU, Ministry of Training of During project Relevant PMU, State Program Environment and , Trainers initiation stage Consultant Ministry of project affiliated MDAs (Before Environment and Contractors commencement of civil works) Effective Accident PMU, Ministry of Training of During project Relevant PMU, State Investigation Environment and , Trainers initiation stage Consultant Ministry of project affiliated MDAs (Before Environment and Contractors commencement of Programme/Descripti Participants Form of Training When Training to be Training Training Costs on conducted by Conducting USD who Agency civil works) 20 Table c.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Conducting Health and PMU, Ministry of Training of During project Relevant PMU, State Ministry Safety Environment and , Trainers initiation stage Consultant of Audits project affiliated MDAs (Before Environment and Contractors commencement of civil works) Job Hazard Analysis PMU, Ministry of Training of During project Relevant PMU, State Ministry Environment and , Trainers initiation stage Consultant of project affiliated MDAs (Before Environment and Contractors commencement of civil works) Occupational Health PMU, Ministry of Training of During project Relevant PMU, State Ministry Risk Environment and , Trainers initiation stage Consultant of Assessment project affiliated MDAs (Before Environment and Contractors commencement of civil works) Work Stress Risk PMU, Ministry of Training of During project Relevant PMU, State Ministry Assessment Environment and , Trainers initiation stage Consultant of project affiliated MDAs, (Before Environment and Contractors commencement of civil works) Pesticides and other Health workers, Waste Hands on During project Relevant PMU, State Ministry Chemicals Managers initiation stage Consultant of Management and (Before farming Environment and Waste Management activities Ministry of Agriculture Emergency Planning PMU, Ministry of During project Relevant PMU, SEMA and Management Environment and initiation stage Consultant Habitat, project (Before affiliated MDAs, commencement Contractors of civil works) GRAND TOTAL $35,700 21 Estimated Budget for Implementing the ESMF To effectively implement the environmental and social management mitigation measures as part of the ESMF, necessary budgetary provisions have to be made for sub-projects. It is important to identify financial requirements even if indicative. This ensures upfront appreciation of the financial requirements and allows early planning and budgeting accordingly. Tentative budget for each of the project includes the environmental and social mitigation cost, management costs, cost of environmental monitoring and capacity building. All administrative costs for implementing the ESMF shall be budgeted for as part of the project costing. Table ES e below shows an indicative budget breakdown of the cost for implementing the due diligence in the project. The total cost for implementing the ESMF is estimated att N56.54m ($10,459.9)) (Table ES f). ES Table e: Estimated Annual Budget to Implement ESMF 1 ESMF Requirements Budget Basis and Total Cost per Assumptions Annum (N) 2 Capacity Building for PMU Training Programs held in- N5M Personnel country Meetings, Workshops and Monthly estimated expenses of N4.2m Stakeholder Engagement N35,000/person for (to based on actual 10persons/per year expenses) 3 Environmental Screening of No additional budget No additional budget transactions Engagement of Specialists Assume specialists may be To be worked out engaged times to investigate when is to be issues engaged Field Visits to facility locations Field visits estimated for 2 PMU N1.5m personnel per year. Covers, transport, accommodation and daily allowances Meetings, Workshops and No additional budget Based on actual Stakeholder Engagement expenses 4 ESIA Scoping Workshops ESIA Scoping workshops per As part of the year ESIA/EMP preparation Typical ESIA Report for Assume average cost of each N20m subprojects ESIA depending on the extent of the road Typical ESMP for subproject N12m Engagement of Environmental As part of the and Social Specialists ESIA/EMP preparation 5 Monitoring Compliance with Assume quarterly monitoring N2m ESMP on E&S Issues during pre- activities over 5 days each operations activities quarter per year 6 Monitoring Compliance with Assume quarterly monitoring As part of item 5 ESMP and on E&S Issues during activities over 5 days each operations quarter per year 7 Training/Capacity Building Needs N6.7M 8 N51.4m TOTAL Estimated Budget 9 Contingency 10% of sub-total 5.14 Grand Total N56.54m ($10,459.9) $1=N185 22 Stakeholders Consultation In accordance with World Bank safeguards policy governing EA Category A projects, the GoN recognizes that stakeholder consultation is an important element of the REDDISEE and the EA process. The objectives of the consultations were to:  Inform the affected communities within the about the project development objective,  Give them opportunity to express their perceptions and concerns about the project impact;  Collect useful local data/information/solutions that will help in the ESMF/ESMP/ESIA project preparation (e.g. Local grievance redress procedures).  Receive from, and deliberate with the stakeholders on measures to avoid or mitigate impacts as well as facilitate rehabilitation of affected persons  Empower their voice by mainstreaming their inputs into ESMF/ESIA implementation plan Strategy for Stakeholder Identification and Engagement Stakeholders have been and are being considered at two broad levels:1) those that the project will directly or indirectly affect positively or negatively including those who will lose land, farms, grazing land, buildings, crops, economic trees, businesses, etc. and 2) those that will support project with data, capacity and other forms of technical support before and during implementation (, Government Ministries and Agencies). The consultation process which is considered as a continuum for the entire project life cycle began on th th 13 August 2014 and continued till 27 August for the first phase which covered the stakeholder government agencies and the communities for the safeguard instruments (ESMF, WMPF and IPMP) preparation. The second phase was the combined World Bank and FMARD mission which took place from th th October 13 to October 17 2014, and provided a platform to validate earlier data and deepened discussions and engagement with the relevant stakeholders, especially Federal Ministry of Environment, Helaht Ministry, Forestry Dept, etc. on essentially safeguard concerns of the project. The third phase of the consultation at this stage captured four other LGAs and affected groups and th rd communities from 27 to 3 November 2014. These communities and LGAs visited are Iwaa and Oshokosho in Lokoja LGA, Iresuare/Osara-Gada in Adavi LGA, Ohu and Irukura in Okehi LGA and Iyara in Ijumu LGA. in Kogi State. This requirements and phasing of consultations are as follows:  Consultation on the finalization of ESMF – to include: o Circulation of the draft ESMF for comments toll relevant institutions (Federal Ministry of Environment, Federal Ministry of Health, State Ministry of Environment, State Ministry of Health, etc.) o Organization of public stakeholder workshops and comments incorporated in the final ESMF document o Public disclosure of Final ESMF (cleared by WB) in-country at designated centres accessible to stakeholders and at the WB info shop prior to appraisal  During the preparation of individual ESIA/ESMP o Potential investors, s, interested groups and communities with LGCs affected will be consulted and informed about the proposed subproject activities and how they stand to be impacted environmental and socially speaking o Identification of impacts and appropriate mitigation measures shall be sought through consultation with the relevant local stakeholders community members and expert knowledge gained elsewhere and judgement in the light of best practice o Consultation of the proponent and implementing government agencies on relevant policy terms.  During the Implementation of the ESMP o Stakeholder communities will be informed about the date/schedule of project commencement who will be involved in site selection, screening and planning administration of needed mitigation measures and monitoring and evaluation 23  During audit/monitoring and evaluation of the ESMP to determine the performance of the ESMP o s Community members will be consulted to appreciate their understanding of the impacts that have been generated and whether the mitigation measures are working or if there will be need to change the entire ESMP. This will take place 6months after the start of the implementation of ESMP and 2 years after for the audit. Grievance Management Process There is no ideal model or one-size-fits-all approach to grievance resolution- localized mechanisms that take account the specific issues, cultural context, local customs, and project conditions and scale works better. Nevertheless, an outline of the Grievance Redress Flow Path/process that could be followed includes,  Receive, register and acknowledge complaint  Screen and establish the foundation of the grievance  Implement and Monitor a redress action  Advise for a judicial proceedings as last resort if necessary  Document the experience for future reference essentially, registration of complaints, acknowledgment, follow-ups, mediation and corrective actions is presented. Environmental and Social Monitoring Monitoring is a key component of the ESMF during project implementation. Monitoring verifies the effectiveness of impact mitigation measures, including the extent to which mitigation measures are successfully implemented. Monitoring specifically helps to:  Improve environmental and social management practices;  Check the efficiency and quality of the ESMP processes;  Establish the scientific reliability and credibility of the ESMP for the project and  Provide the opportunity to report the results on safeguards and impacts and proposed mitigation measures implementation. Some indicators that could be used to ensure participation process involved in subproject activities include:  Number and percentage of affected households/individuals/institutions consulted during the planning stage;  Levels of decision-making of affected people;  Level of understanding of project impacts and mitigation;  Effectiveness of local authorities to contributing and making relevant decisions;  Frequency and quality of public meetings;  Degree of involvement of women or disadvantaged groups in discussions Disclosure The ESMF has been prepared in consultation with the relevant stakeholders. Copies of this ESMF and other safeguard instruments (ESIA/EMP) that would be prepared for the subprojects shall be disclosed in compliance with relevant Nigerian regulations and the World Bank operational policy. It will be disclosed in-country designated sites at FEDERAL MINISTRY OF HEALTH, Federal Ministry of Environment, State Ministry of Environment, headquarters of affected LGAs and at the primary/secondary schools in the project areas, translated as much as possible into main local language. It will also be disclosed in 2 daily newspapers for 21 days as required by the Nigerian extant laws, while the World Bank will disclose the document at its info shop. 24 CHAPTER ONE PROJECT DESCRIPTION 1.1 Project Context: The West Africa Regional Disease Surveillance Systems Enhancement Project (REDISSE) will be implemented as an interdependent series of projects (SOP) that will eventually engage and support all 15 ECOWAS member countries. This is the first project in the series, REDISSE-SOP1 which targets both extremely vulnerable countries (Guinea, Sierra Leone and Liberia) and countries which have more effective surveillance systems and serve as hosts for important regional assets (Nigeria and Senegal). Phase 2 (REDISSE-SOP2) is expected to be delivered in the second quarter of Fiscal Year 17 (FY17). The estimated project financing for REDISSE-SOP2 is US$102 million. FY17 delivery of this project will allow additional time for consultations, assessments and planning needed to ensure country readiness. REDISSE-SOP2 countries will include: Cote d’Ivoire, Guinea Bissau, Ghana, Togo, Benin and possibly The Gambia. Together, REDISSE SOP 1&2 constitute a block of equatorial, coastal countries with shared borders and similar epidemiologic profiles which extends from Senegal in the west to Nigeria in the east. The series of projects will be implemented in the context of the African Integrated disease surveillance and Response Strategy, international standards and guidelines of World Health Organization (WHO), World Organization for Animal Health (OIE), and Food and Agriculture Organization of the United Nations (FAO), fostering a One Health Approach. It will support the countries to establish a coordinated approach to detecting and swiftly responding to regional public health threats. Cooperation among West African countries to prevent and control potential cross-border diseases is a regional public good. The regional benefits and positive externalities of effective disease surveillance and response are substantial. The West African Health Organization (WAHO) and the Regional Animal Health Center (RAHC) (Centre Régional de Santé Animale-CRSA, based in Bamako) , both of which are affiliated with ECOWAS, will be responsible for the regional coordination, as well as implementation of specific regional activities and day-to-day oversight of the Project. Collective action and cross-border collaboration are emphasized throughout the Project: (i) the Project will support countries’ efforts to harmonize policies and procedures; (ii) countries will be empowered to engage in joint planning, implementation and evaluation of program activities across borders at regional national and district levels, and; (iii) the Project will promote resource sharing of high cost specialized assets such as reference laboratories and training center and pooled procurement of difficult to access commodities. Most recent estimates show that communicable diseases (CDs) account for more than one third of the global disease burden and that most of this burden falls on the countries of West Africa. Countries in this region are at high-risk for infectious disease outbreaks including those of animal origins (zoonotic diseases). The World Health Organization (WHO) has documented that of the 55 disease outbreaks that were reported in Africa over the last decade, 42 took place in West Africa. Some common outbreaks in the region include Cholera, Dysentery, Malaria, Hemorrhagic fevers (e.g. Ebola virus disease, Rift Valley fever, Crimean-Congo fever, Lassa fever, and Yellow fever), and Meningococcal Meningitis. West Africa also bears a disproportionate burden of malaria, TB, HIV and neglected tropical diseases, many of which are at risk of resurgence due to drug and insecticide resistance. Over the last four decades, the world has witnessed one to three newly emerging infectious diseases annually. Of infectious diseases in humans, the majority has its origin in animals (“zoonotic” diseases), with more than 70% of emerging zoonotic infectious diseases coming from wildlife. Recent outbreaks such as Ebola Viral Disease (EVD), H7N9 avian influenza, Middle East Respiratory Syndrome (MERS-CoV), Marburg virus, Nipah virus infection, bovine spongiform encephalopathy and HIV/AIDS showcase the catastrophic health and economic effects of emerging zoonotic diseases. The West Africa region is both a hotspot for emerging infectious diseases (EIDS) and a region where the burden of zoonotic diseases is particularly high. In this region, emerging and re-emerging diseases at the human-animal-ecosystems interface are occurring with increased frequency. As evidenced by the recent Ebola epidemics in Guinea, Sierra Leone, and Liberia, and the re-occurrence and spread in of Highly Pathogenic Avian Influenza (HPAI) (H5N1), highly contagious diseases can easily cross borders in the region through the movements of persons, animals and goods. 25 The major drivers of the emergence of novel infectious diseases are human behavior, demographic change, technology and industry, economic development, land use, international travel and trade, microbial adaptation and change, breakdown of public health measures and bioterrorism. The population of sub-Saharan Africa has doubled between 1975 and 2001, and the African Population and Health Research Center predicts a further increase, up to 1.9 billion by 2050. Urban population densities have dramatically increased, by 223%, 178%, and 275% respectively in Guinea (1960- 2012), Sierra Leone and Liberia (1961-2013) due largely to migration from rural to urban areas. The link between deforestation and infectious disease outbreaks is well documented; deforestation and encroachment into natural habitats is also claimed to be responsible for EVD outbreak in West Africa. According to FAO data, Western Africa is suffering deforestation at twice the world rate approximately. Deforestation has been particularly severe in Nigeria, but also in Guinea and Sierra Leone, with much of the landscape being replaced with forest-agricultural mosaics. Civil war and social turmoil have also been common in West Africa. The social instability and its consequential population relocation and breakdown of governments provide fertile ground for the rampant spread of infectious diseases. The impacts of infectious disease outbreaks can be devastating to the fragile social and economic situation of countries. The WB estimated a global cost of US$3 trillion in the case of a severe pandemic such as the 1918 Spanish Flu; an estimate that is comparable to the impact of the 2008 global financial crisis. In the West Africa region, the recent Ebola Virus Disease outbreak clearly eroded hard-won gains in the fight against poverty, including gains in human development and economic growth in Guinea, Liberia and Sierra Leone, as well as in the entire region. In these three countries, the estimated forgone output reached US$1.6 billion, which represents over 12% of the countries’ combined outputs. The outbreak also resulted in school closure for at least 6 months and over 16,600 children lost one or both parents to the epidemic. Overall, the estimated loss in Gross Domestic Product (GDP) for the 15 countries in the ECOWAS region was approximately US$1.8 billion in 2014, and was expected to rise to US$3.4 billion in 2015 and US$4.7 billion in 2016. These add to the ongoing burden of neglected and endemic human and animal diseases, including zoonoses. Animal health is critical to public health and to the sustainable growth of the livestock sector. Livestock farming plays an important role in the ECOWAS region, contributing an average of 44% to its agricultural GDP. Livestock farming concerns virtually all rural households and is a crucial factor in combating rural poverty (see map below), both directly, through the income it generates, and indirectly, in allowing agriculture intensification and contributing to food security, nutrition and broader economic development. ECOWAS as a whole has a trade deficit in animal products and this trade deficit is particularly acute in the coastal countries. Demand for livestock products is expected to continue to grow significantly in the next decades, based on demographic trends, and propelled by increased urbanization and incomes. This evolution implies higher risks of occurrence of disease (frequency and/or severity), and higher impact of these diseases. 1.2 Project Development Objective (PDO) and Guiding Principles The REDISSEE project’s development objective (PDO) is to strengthen national and regional cross - sectoral capacity for collaborative disease surveillance and epidemic preparedness in West Africa. It will address systemic weaknesses within the animal and human health systems that hinder effective disease surveillance and response. 1.3 Sectoral and institutional Context Like in other developing countries, the performance of health systems in many countries in West Africa is weak. They suffer from chronic insufficient financial and human resources, limited institutional capacity and infrastructure, weak health information systems, prevailing inequity and discrimination in availability of services, absence of community participation, lack of transparency and accountability, and a need for management capacity building. Public sector spending on health is generally low. Only Liberia exceeded the Abuja target of 15% of Gross Government Expenditure (GGE) allocated to health. Out of pocket spending on health was high ranging from a low of 21% in Liberia to a high of 76% of total health expenditure in Sierra Leone. Guinea, Liberia and Sierra Leone have low density and inequitable distribution of health services and health workers as a result of low production, low motivation, inadequate training, lack of quality supplies and the loss of health workers, particularly physicians and nurses to emigration (a.k.a. brain drain). This was further aggravated during the EVD outbreak, which took a high toll on the lives of health workers. 26 Country led self-assessment on disease surveillance, preparedness and response capacity in Guinea, Liberia, Nigeria, Senegal and Sierra Leone as well as the lessons learnt from the EVD outbreak revealed some key weaknesses of health systems in terms of infectious disease surveillance, epidemic preparedness and response. These include: (i) a fit for purpose health workforce for disease surveillance, preparedness and response is lacking at each level of the health pyramid; (ii) community level surveillance and response structures either do not exist or need significant improvement; (iii) there is limited availability of laboratory infrastructure in place for timely and quality diagnosis of epidemic-prone diseases; (iv) lack of interoperability of different information systems hampers analysis and utilization of information for decision making and actions for disease mitigation measures; (v) infection prevention and control standards, infrastructure and practices are generally inadequate; (vi) management of the supply chain system is weak and inefficient; and (vii) there are significant gaps in regional level surge capacity for outbreak response, stockpiling of essential goods, information sharing and collaboration. Similar findings were also documented by the Global Health Security Agenda baseline assessments in a number of countries including Liberia, and Sierra Leone. After the EVD outbreaks, health system recovery and strengthening plans were developed for at least the next five years in Guinea, Liberia and Sierra Leone. Building up a resilient health system to effectively respond to health emergencies has universally been identified as one of the strategic pillars in the plans. At the national level, broad-based health system strengthening committees or similar structures have been established to lead and coordinate the efforts for strengthening the national health system in the three countries. With the help from USAID, a plan for health system strengthening was also developed in Senegal. In all five countries REDISSE will build on and complement the ongoing health system strengthening initiatives of the national governments that are supported by the Bank and other development partners. Animal Health The animal health sector in the ECOWAS region is characterized by a high incidence and prevalence of infectious diseases communicable diseases, both zoonotic and non-zoonotic, impacting veterinary and public health, trade, rural development and livelihoods. Among the most serious infectious diseases, contagious bovine pleuropneumonia (CBPP), foot and mouth disease (FMD), African Swine Fever (ASF), Rift Valley Fever (RVF), Peste des Petits Ruminants (PPR), African Animal Trypanosomiasis (AAT), highly pathogenic avian influenza (HPAI), and rabies are highlighted by ECOWAS and the GF-TADs for Africa. A recent summary of evaluations of Veterinary Services by the World Organization for Animal Health (OIE) in ECOWAS countries highlighted the services’ lack of budgetary resources and mismatch between the human resources required and those actually available for preventing and controlling animal diseases. In terms of the strategic action required to sustain animal health, all of the countries identified the need to improve the coverage of their surveillance programs as well as the control of high-priority animal diseases. Lack of preparedness, insufficient human, physical and financial resources, and the lack of cross-sector collaboration were again emphasized by the FAO and OIE as causes for failure to address promptly and efficiently the resurgence of highly pathogenic avian influenza in the region. Improvement of animal health requires increased and sustained investments in national Veterinary Services to meet international standards of quality defined by the OIE. Any country failing to prevent, detect, inform, react and control sanitary issues, such as infectious diseases or antimicrobial resistance places other countries at risk, hence the importance of regional approaches. All countries in the region have engaged in the OIE Performance of Veterinary Services (PVS) Pathway, a program which provides independent qualitative (PVS evaluation) and quantitative (PVS Gap Analysis) evaluations of Veterinary Services, identifying their strengths and weaknesses, prioritizing interventions and costing activities needed to address deficiencies. Some countries have also received support to review their veterinary legislation. Insufficient government funding and limited interest from donors to support Veterinary Services have not allowed significant progress to date in addressing systemic issues. Some important programs are worth noting though in the animal health sector, such as the EPT2 program, financed by USAID and implemented in many of the ECOWAS countries, through FAO and other implementing agencies; FAO support to HPAI infected countries; and, AU-IBAR support through the Vet-Gov program. In the last 15 years, two main regional and global programs significantly contributed to strengthening national Veterinary Services, namely the PACE program and the World Bank financed Avian Influenza Global Program which were implemented in many countries of the region. The lessons and best practices derived from these two programs are reflected in this project. The RESEPI and 27 RESOLAB networks were also supported and facilitated by FAO under different projects and handed over in 2012 to ECOWAS. Animal health is seen as a priority by the two regional economic communities in West Africa. ECOWAS and WAEMU have set a target of harmonizing national animal health systems. WAEMU, which covers 8 countries in the region, has moved forward on a number of fronts in particular on the harmonization of regulations on veterinary medicinal products, but progress has been slow due to administrative, human, organizational and financial constraints. In 2012, ECOWAS member countries declared the Regional Animal Health Center (RAHC) —an informal platform originally set up in 2006 by OIE, FAO and AU-IBAR as the ECOWAS specialized technical center for animal health. An operational plan for RAHC was developed in August 2014. However, delays in staff recruitment and establishment of a dedicated operational budget have kept the institution from implementing this plan and rolling-out activities in accordance with its mandate. The RAHC is currently supported through a limited number of initiatives with specific objectives, including to further develop the One Health agenda in the region, and to develop Integrated Regional Coordination Mechanisms for the Control of TADs and Zoonoses (IRCM). The WB-financed Regional Sahel Pastoral Support project (PRAPS), which supports the improvement of animal health in 6 West African Sahel countries, also specifically aims at contributing to the operationalization of the RAHC. Tackling multisectoral issues efficiently requires working across sectors and disciplines. Yet, very few countries have adopted coordinated approaches, along the lines of the “One Health” concept. The response to the HPAI crisis since 2005 contributed to enhancing cooperation between the human and veterinary health sectors in many countries in the region, but in the absence of a dedicated program incentivizing such a joint approach, silos remain established. Nonetheless, important lessons have been learned and experience gained, and successful regional programs for the control of selected priority diseases, both within and outside the region, have demonstrated the efficiency of a regionally coordinated approach to diseases surveillance and response. The Development Partner landscape in the sub-region is complex, particularly in the three countries most affected by the 2014-2015 EVD epidemic. The Ebola outbreak triggered a significant international response that brought many partners together to address the crisis and support the post- Ebola agenda of health systems recovery and strengthening. It also highlighted the need to focus attention on building the capacity for disease surveillance and response in the sub-region for both human and zoonotic diseases. The development partners engaged on these issues in the sub-region include major donor organizations including development banks, multilateral and bilateral donors and private foundations; UN systems agencies; technical agencies such as the US and China Center for Disease Control and Prevention; academic and research institutions and large numbers of international and local non-governmental organizations. As noted in Annex 2, in this type of environment duplication of effort, inefficient use of resources and failure to address resource, policy and programmatic gaps is a substantial risk. It is expected that there will continue to be an influx of funds and other forms of support to the region, in particular, to the three EVD affected countries (Guinea, Sierra Leone, and Liberia) in the next three to five years. As a result, coordination of resources and activities offered by the various partner organizations will remain a significant challenge for national governments. Therefore, coordination mechanisms at both national and regional levels that engage both the human and animal health sectors need to be developed to maximize the impacts of the increasing support and foster sustainability of the anticipated outcomes. The World Bank's convening power will be highly instrumental in forging a coalition of national, regional, and global technical and financial institutions to support the disease surveillance and epidemic preparedness agenda in West Africa. The World Bank is well placed to mobilize substantial financing for this multi-sector initiative and to convene premier technical and financial partners engaged in the field of disease surveillance and epidemic preparedness. The World Bank has strategically engaged with a core group of development partners including those implementing the Global Health Security Agenda (GHSA) in the development of the REDISSE project. The REDISSE project itself will provide resources to regional institutions and national governments to establish the needed coordinating mechanisms 1.4 Project location 28 REDISSE will be implemented in five counties: Guinea, Liberia, Nigeria, Senegal and Sierra Leone. This ESMF covers Nigeria only. 1.5 Rationale for Preparation of Relevant Safeguard Documents Based on the proposed REDISSE project activities, which inlcudes, essentially the rehabilitaiton of existing building structures and laboratory investigations, the project triggers two World Bank safeguards policies dealing with Environmental Assessment (OP/BP 4.01) and Pest management (OP/BP 4.09) respectively. Three safeguards instruments would be required: (i) Medical waste Management Plan; (ii) Integrated Pest Management Plan; and (iii) Environment and Social Management Framework. Thus in full compliance to with the Bank;s categorisation of the project as a B project, there is need for project now full compliance with regard to safeguards and fiduciary policies To this end these required safeguards documents which are complimentary have been prepared, consulted upon and disclosed in-country and at World Bank Info Shop . This document (your are reading) represents the Environmental and Social Management Framework (ESMF) for the Nigeriataking . Although standalone, it is also complimentary to other ESMFs prepared for other participating West African countries taking into consideration their local prevailing context. 1.6 Purpose of the ESMF At the time of REDISSE project preparation, the specific sites that the project would be implemented are not known in sufficient details. Therefore, there is a need for an ESMFas one of the needed documents to outline the principles and procedures that would be followed to ensure that implementation of meets with the existing Environmental Impact Assessment (EIA) laws in the West African Countries and specifically with regard to Nigeria in this ESMF and World Bank safeguards policies. The ESMF spells out the Environmental and Social safeguards, institutional arrangements and capacity required to use the framework. This ensures that sub-projects under the project meet the national and local E&S requirements, and also consistent with World Bank safeguards. The ESMF sets out basic principles and processes within which the sub-projects are implemented agreeable to all parties. The other objectives of the ESMF include:  Assessment of potential adverse E&S impacts commonly associated with the sub-projects and the way to avoid, minimize or mitigate them;  Establishment of clear procedures and methodologies for the E&S planning, review, approval and implementation of sub-projects;  Development of an ESA screening/initial assessment system to be used for sub-projects; and  Specification of roles and responsibilities and the necessary reporting procedures for managing and monitoring sub-project E&S concerns. To realize the objectives of this ESMF, the scope of work include the following tasks:  Task 1: Define Environmental screening and scoping procedures ;  Task 2: Identify and analyse relevant Environmental policy and regulatory framework;  Task 3: Identify the Potential positive and negative environmental and social impacts;  Task 4: Design corresponding environmental and social mitigation principles in relation to the impacts identified;  Task 5: Develop a generic environmental and social management plan to mitigate negative impacts;  Task 6: Establish the Institutional framework managing the framework ;  Task 7: Develop a Training needs for the project; and  Task 8: Institute and carry out Public consultation. 1.7 Rationale for the ESMF and other Safeguards Instruments 29 At the time of project preparation, the specific sites that the project would be implemented in are not known in sufficient details.. Therefore, there is a need for an environment and social management framework that outlines the principles and procedures that would be followed to ensure that implementation of REDDISSE meets with the existing EIA law in Nigeria and World Bank Safeguards policies. This ESMF however, does not attempt to address site specific impacts related to individual undertakings (in any specific form) as the locations and extent of impacts or activities are not known at this preparatory stage. This ESMF is prepared as a standalone document but aligned with two other standalone documents Healhcare (Medical) Waste Management Plan and Integrated Pest Management Plan (IPMP)]` prepared in parallel for this proposed project. The ESMF provides guidance for addressing potential environmental and social impacts that may result from civil works and the IPMP provides a comprehensive integrated management plan for pests and related, associated or induced activities in the eventual project locations. The objective of the HCWMP is to provide processes that the implementing agencies (Federal, States, Local Government Authorities, and Healthcare Facilities Managements) will follow to ensure the protection of healthcare workers, wastes handlers, animals and the community from the harmful impacts of hazardous healthcare wastes and to maximize project compliance with national, regional and international environmental regulations and best practices. An RPF that establishes the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project activities requiring land acquisition and /or denial, restriction or loss of access to economic resources for the SCPZ. No landtake or displacement due to REDISSE Project and so this is not applicable. 1.8 Scope of the ESMF This ESMF outlines the process and procedure to be followed when any activity that will be financed under the project has the potential to trigger any of the World Bank safeguard policies, especially Environmental Assessment, OP 4.01 This ESMF includes details of the existing environmental laws and regulatory framework in the country; World Bank safeguard policies, analysis of environmental and social impacts including alternatives; institutional arrangements for implementing the ESMF, capacity building needs; and public consultation carried out during project preparation. The ESMF clarifies the environmental mitigation principles, organizational arrangements and design criteria to be applied to the project. The report provides basic information about the scope of adverse environmental and social impacts to be induced by project operations; mitigation and monitoring actions to be taken and indicative cost implications. Specifically, the ESMF focuses on:  assessing the potential environmental and social impacts of sub-projects, whether positive or negative, and propose mitigation measures which will effectively address these impacts;  establishing clear directives and methodologies for the environmental and social screening of micro-projects to be financed under the project;  identifying the environmental policy, regulatory and institutional framework pertaining to the project;  Establishing social inclusiveness, especially vulnerable groups and mitigation of social exclusion  Guiding the development of specific Environmental and Social Impact Assessments (ESIAs) activity as might be needed for specific sub-projects. 1.9 Approach for the Preparation of ESMF The ESMF has been prepared in accordance with applicable World Bank safeguard policies and Nigeria environmental assessment act and guidelines, and which involves the following activities summarized in Fig 1.2: It should be noted that the SCPZ ESMF and Fadama ESMF formed the some of the relevant documents in the updates and review of this REDISSEE ESMF.  Data Gathering; 30  Participatory Public consultations and discussions with relevant sector institutions, including non- governmental organizations (NGOs);  Data collection and analysis, consisting of Literature reviews; Environmental and Social screening and scoping studies;  Determination of potential impacts;  Identification of impacts mitigation measures; Preparation of an Environmental and Social Management Plan;  Review of comments from stakeholders; and  Preparation and Submission of reports. Environmental & Social Objectives of the ESMF Data Collection Review of Consultation relevant with environmental Field visits Community and social and Key document Stakeholders Formulation of Environmental Potential Environmental and and Social Mitigation Measures Social Impact Identification - for the Identified Impacts Screening Figure1.2: ESMF Preparation Approach 31 CHAPTER TWO PROJECT DESCRIPTION 2.1 Project Description Component 1: Surveillance and Information Systems: The first component will support the enhancement of national surveillance and reporting systems and their interoperability at the different tiers of the health systems. This component will support national and regional efforts in the surveillance of priority diseases (including emerging, re-emerging and endemic diseases) and the timely reporting of human public health and animal health emergencies in line with the IHR (2005) and the OIE Terrestrial Animal Health code. Component 2: Strengthening Laboratory Capacity: The objective of this component is to establish networks of efficient, high quality, accessible public health, veterinary and private laboratories for the diagnosis of infectious human and animal diseases, and to establish a regional networking platform to improve collaboration for laboratory investigation. The project seeks to address critical laboratory system weakness systems weaknesses across countries, fostering cross-country and cross-sectoral (at national and regional levels) collaboration. Component 3: Preparedness and Emergency Response: This component will support national and regional efforts to enhance infectious disease outbreak preparedness and response capacity. Activities under this component will support the (i) updating and/or development of cross-sectoral emergency preparedness and response plans (national and regional) for priority diseases, and ensuring their integration into the broader national all-hazards disaster risk management framework; (ii) regular testing, assessment, and improvements of plans; (iii) expansion of the health system surge capacity including the allocation and utilization of existing pre-identified structures and resources (at the national and regional level) for emergency response, infection prevention and control. Component 4Human resource management for effective disease surveillance and epidemic preparedness: Component 4 is cross-cutting given that animal and human health workers form the backbone of Disease Surveillance (Component 1), Laboratories (Component 2) and Preparedness and Response (Component 3). Effective human resource management aims at bringing the right people with the right skills to the right place at the right time. Component 5: Institutional Capacity Building, Project Management, Coordination and Advocacy: This component focuses on all aspects related to project management. It includes fiduciary aspects (financial management and procurement), M&E, knowledge generation and management, communication, and management (capacity building, monitoring and evaluation) of social and environmental safeguard mitigation measures. It also provides for critical cross-cutting institutional support, meeting capacity-building and training needs identified in the five countries and at WAHO and RAHC on top of specific technical capacity-building activities undertaken within the four technical components. It will support the routine assessment of critical animal health and human health capacities of national systems using reference tools (such as OIE PVS and JEE) to identify weaknesses and monitor progress 32 CHAPTER THREE POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 3.1 Introduction The environment has emerged as one of the most topical issues of contemporary times. This is in realization of the ever-increasing negative environmental impacts of rapid industrial development. As natural resources are being exploited at rates unprecedented in human history, the quality of the environment deteriorates and many of the development projects become unsustainable. This has therefore necessitated the enforcement of relevant environmental protection laws in order to protect and restore the Nigerian environment. Thus the main aim of this Chapter is to review Nigerian legislation, guidelines and International conventions that are relevant to the proposed project. The legislation outlined in the foregoing parts of this chapter are derived from Nigerian Government laws and regulations, State and local Government laws as well as international conventions and other instruments that Nigeria is signatory to. The World Bank Safeguard Policies are also discussed in addition to other relevant voluntary standard tools. The Chapter is presented in Sections detailing, essentially, the relevant Administrative and legal framework/structure and then the relevant regulatory instrument and policies. 3.2 Administrative Framework The relevant administrative structures are presented here below: 3.2.1 Federal Level Institution 1. National Council on Environment This 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. 2. The Federal Ministry of Environment In Nigeria, the power of regulation of all environmental matters is vested in the Federal Ministry of Environment (FMENV), hitherto, the now defunct Federal Environmental Protection Agency (FEPA) which was set up by Act 88, of 1988) Set up by Presidential Directive No. Ref. .No. SGF.6/S.221 of October 12, 1999. The Ministry Is Empowered with regulation of all environmental matters, protecting, enhancing and preserving the Nigerian environment  Carries out the Federal Executive Council decisions on environmental matters.  Mandated to co-ordinate the environmental protection and conservation of natural resources for sustainable development in Nigeria some of which are:  monitor and enforce environmental protection measures;  enforce international laws, conventions, protocols and treaties on the environment;  prescribe standards and make regulations on air quality, water quality, pollution and effluent limitations, the atmosphere and ozone layer protection, control of toxic and hazardous substances; and  Promote cooperation with similar bodies in other countries and international agencies connected with environmental protection.  In response to her mandate the Ministry has developed far reaching legal reference instruments for 33  Achieving environmentally sound management of resources and sustainable development across all major sectors of the economy. For enforcement mechanism the Ministry has two agencies namely:  National Oil Spill Detection and Response Agency set up by NOSDRA ACT, 2005 and National Environmental Standards and Regulations Enforcement Agency set by NESREA ACT 2007. The National Environmental Standards and Regulations Enforcement Agency is most directly relevant to the proposed project. 3. National Environmental Standards and Regulations Enforcement Agency The Federal Government in line with Section 20 of the 1999 constitution of the Federal Republic of Nigeria established the National Environmental Standards and Regulations Enforcement Agency {NESREA} as a parastatal of the Federal Ministry of Environment. The bill for an act establishing the agency was signed and published in the Federal Republic of st Nigeria Official Gazette No.92, Vol. 94 of 31 July, 2007. By the NESREA Act, the Federal Environmental Protection Agency Act Cap F 10 LFN 2004 was repealed. 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. Its role in impact mitigation monitoring cannot be over emphasized in the project. 4. Federal Ministry of Agriculture and Rural Development (FMARD) The Federal Ministry of Agriculture and Rural Development ensures that the citizenry are provided with credible and timely information on government activities, programs and initiatives in the development of agriculture and food production; while creating an enabling technological environment for socio-economic development of the nation As part of the Transformation Agenda for import substitution and creation of rural employment, saving foreign exchange, the Ministry has adopted a multi-disciplinary, private-public collaboration approach to increase crop yields such as for cassava and to organize s into cost-effective supply chains and link them to large scale factories; which in turn provides employment for landless labour and offers opportunity to develop the agro-service industry. 5. Federal Ministry of Water Resources (FMWR) The Federal Ministry of Water Resources (FMWR), initially created in 1976, is responsible for formulating and coordinating national water policies, management of water resources including allocations between states, and approving developmental projects. Specifically the functions of the FMWR include: Establishment and operation of National Water Quality Laboratories and Monitoring Network and water quality standards. Maintenance of database on water supply and sanitation facilities and performance. Mobilization of national and international funding and technical support. Promote and coordinate other collaborative activities by other government and Nongovernmental agencies in the sector. Provision of technical support and assistance to State and Local Government Water Supply and Sanitation Agencies and community water supply and sanitation committees. Creation of an enabling environment for meaningful private sector participation in the sector. Provision of a framework for regulation of private sector participation in water supply and sanitation. Assistance to individual agencies, and be responsible for the maintenance of the hydrological primary network. Specifically, the ministry through the Nigeria Hydrological Service Agency (NIHSA) will provide the technical assistance on water resource (underground and surface water) assessment for the project in general. This will guide inform decision on water supply to the zone. 34 6. Federal Ministry of Works a) Facilitate the rehabilitation of existing and construction of new structures, Federal Ministry of Health The Federal Ministry of Health (FMoH) has responsibility to manage health services for the prevention and control of communicable and non-communicable diseases. For the HPDP2 and under the implementation of ESMF the Ministry has the following responsibilities: Coordinate the efforts of state, local government and private health care providers and development partners to ensure effective implementation. Ensure the provision of adequate equipment in tertiary and specialized hospital services. Provide technical assistance to state ministries of health in the development of plans, technical materials, policies and standards to properly perform their functions. Issue and promote adherence to norms and standards, and provide guidelines on health matters, and any other matter that affects public health, promoting adherence to norms and standards for the training of human resources for health. Supervise the provision of health services for the management, prevention and control of communicable and non-communicable diseases e.g. HIV/AIDS. 3.2.2 State Environmental Protection Agency or Authority Each state within Nigeria is empowered to make laws for the protection of its own environment, within its jurisdiction. State Environmental Protection Agency or Authorities (SEPAs) are responsible for the assessment of all public or private projects activities within the states. The roles of SEPAs in this project include; Conducting public enlightenment on environmental sanitation and management; Co-operating with the Federal and Local Governments, Statutory bodies and Research Agencies on matters relating to the project; Pollution control and environmental health in the states; • Collaborating with FMEnv and other agencies to achieve effective prevention of abatement of trans-boundary movement of waste 3.2.3 Legal and Administrative Structure at Local Government Area The Local Government Councils in Nigeria, without any specific laws on environmental management are charged with the following responsibilities, inter alia:  Co-ordinating the activities of Local Government Council;  Maintenance of Law and Order in collaboration with Law Enforcement Agencies;  Collection of taxes and fees;  Establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm  Establishment, maintenance and regulation of markets, motor parks and public conveniences;  Construction and maintenance of roads, streets, drains and other public highways, parks, and open spaces;  Naming of roads and streets, and numbering of houses;  Provision and maintenance of public transportation and refuse disposal; and  Registration of births, deaths and marriages; The local government will be involved at project / sub project screening stage and ESIA review level. 3.2.4 International Level Institutions The mandate of United Nations Conference on Environment and Development (UNCED) emanates from General Assembly resolution 44/228 of 1992 which, inter alia, affirmed that UNCED should elaborate strategies and measures to halt and reverse the effects of environmental degradation in the context of increased national and international efforts to promote sustainable and environmentally 35 sound development in all countries and that the promotion of economic growth in developing countries is essential to address problems of environmental degradation Nigeria is a subscriber to these various mandates that have been enunciated and encouraged to maintain consistent positions in the various governing bodies and thus obliged to implement the various arrangements mandated, protocols, treaties and conventions through national legislation. Also, International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects have also sets of environmental categorizations, assessments and management standards. The framework provided by these international organizations must be complied with by project proponents before these institutions invest in them. 3.3 Relevant Regulatory Instruments and Policies Below, an outline of the relevant regulatory instrument to the proposed project and this ESMF is given as they relate to the Federal, State and Local governments. Also highlighted are the applicable international protocols, treaties and conventions and the World Bank Safeguard Policies. 3.3.1 Federal Level Environmental Regulatory Instruments 1. National Policy on Environment The National Policy on Environment from 1989, which was significantly updated in 1999, provides “a viable national mechanism for cooperation, coordination and regular consultation, as well as harmonious management of the policy formulation and implementation process which requires the establishment of effective institutions and linkages within and among the various tiers of government – federal, state and local government”. The objective of the policy is to foster the sustainable management of natural resources in Nigeria through the provision of guidelines and strategies that  assure that the environment is of adequate quality to guarantee the health and well-being of citizens;  manage natural resources for the benefit of present and future generations;  maintains, enhances and restores ecosystems and ecological processes that are essential for the preservation of biological diversity;  raise the public awareness and promote the understanding of essential linkages between the environment and development; and  cooperate with other countries, international organizations and agencies on the trans-boundary environmental management. 2. Environmental Impact Assessment (EIA) Act No. 86 of 1992, CAP E12, LFN 2004 The most relevant environmental regulations for the Support Project and the sustainable management of the natural resources in the 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. In effect, 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. Further information on development project that requires an EIA based on the Act No. 86 of 1992 are provided in subsection 4.4 below. As part of the effective utilization of the EIA tool, the Ministry has produced Sectoral guidelines detailing the necessary requirements of the EIA process from each Sector. One of these Sectoral Guidelines directly relevant to the proposed project is the 1995 National EIA Sectoral Guidelines for Agriculture and Rural Development. It contains a set of guidelines for the evaluation and mitigation of environmental impacts from a wide range of agricultural activities including but not limited to:  agricultural land development (bush clearing, land preparation and consolidation);  large-scale farming;  agro-industrial projects;  dams and reservoirs;  irrigation and drainage programs; and 36  use of agro-chemicals and fertilizers. There are other Sectoral Guidelines such as on Infrastructure Development which are relevant to the proposed project activities 3. National Environmental Standards and Regulation Enforcement Agency (NESREA) ACT 2007 The Act enables the Agency to prohibit the process and use of equipment or technology that undermine environmental quality; to conduct field follow-up of compliance with set standards and take procedures prescribed by law against any violator; Section 27 prohibits, without lawful authority, the discharge of hazardous substances into the environment. Section 7 provides the Agency authority to ensure compliance with environmental laws, local and international, on environmental sanitation and pollution prevention and control through monitory and regulatory measures. While Section 8 (1)(K) empowers the Agency to make and review regulations on air and water quality, effluent limitations, control of harmful substances and other forms of environmental pollution and sanitation. Regulations Gazette as supplementary to the NESREA Act and relevant to the proposed project are listed below:  National Environmental (Sanitation and Wastes Control) Regulations, 2009. S. I. No. 28: The purpose of this regulation is to provide the legal framework for the adoption of sustainable and environment friendly practices in environmental sanitation and waste management to minimize pollution. This law will guide the general sanitation practices of different players throughout the phases of the proposed project.  National Environmental (Ozone Layer Protection) Regulations, 2009. S. I. No. 32 : These provisions seek to prohibit the import, manufacture, sale and the use of ozone-depleting substances. This law prohibits the use of Ozone depletion substances and will guide the kind of chemicals that the processing plants and other manufacturing activities within the project can use.  National Environmental (Noise Standards and Control) Regulations, 2009. S. I. No. 35 : The main objective of the provisions of this Regulation is to ensure tranquility of the human environment or surrounding and their psychological well-being by regulating noise levels. Since the proposed project activities is a mixed development including industrial and residential, this law will guide the noise level at all phases (pre-construction, construction, operation and decommissioning) by different activities .  National Environmental (Construction Sector) Regulations, 2010. S. I. No. 19: The purpose of these Regulations is to prevent and minimize pollution from Construction, Decommissioning and Demolition Activities to the Nigerian Environment. This law will guide different construction and related activities within the proposed project so as to ensure that such activity do not lead to pollution of whatever kind.  National Environmental (Control of Vehicular Emissions from Petrol and Diesel Engines) Regulations, 2010. S. I. No. 20: The purpose of this regulations is to restore, preserve and improve the quality of air. The standards contained herein provide for the protection of the air from pollutants from vehicular emission. This law will guide vehicular emissions and emission .  National Environmental (Surface and Groundwater Quality Control) Regulations, 2010. S. I. No. 22: The purpose of this Regulation is to restore, enhance and preserve the physical, chemical and biological integrity of the nation's surface waters, and to maintain existing water uses. This law will guide the activities relation to water supply to the proposed project. Furthermore, the work of NESREA is guided by its corporate strategic plan that describes the scale of the environmental and social challenges, and explains how NESREA, with the support of other key stakeholders, addresses these issues around the following policies : Some Thematic (Area) Policies on Environment- In addition to the National Policy on Environment, there are other policy documents on some thematic areas of the Ministry’s mandate. These include: Environmental Enforcement Policy: 37 This policy aims at providing actions to take in enforcing environmental legislation, standards, regulations and guidelines fairly and appropriately in a manner that will protect environmental quality and safeguard public health. National Environmental Sanitation Policy: This policy seeks to stimulate, promote and strengthen all government regulations concerned with housing and urban development, food security water supply, sanitation related endemic diseases and illnesses, flood and erosion control, drought control, school health services and environmental education. National Policy Guidelines on Sanitary Inspection of Premises: This policy seeks to promote clean and healthy environment for the populace. National Policy Guidelines on Solid Waste Management: The aim of this policy is to improve and safeguard public health and welfare through efficient sanitary Solid Waste Management methods that will be economical, sustainable and guarantee sound environmental health. National Policy Guidelines on Pest and Vector Control: This policy is to establish and strengthen pest and vector control units at the three tiers of government. National Policy Guidelines on Food Sanitation: The main objective of the policy is to enhance food security, public health and quality of life through the promotion of sound food sanitation practices in all food premises in the country. National Environnemental Sanitation Action Plan: This plan is aimed at increasing National productivity and foster Economic Development through improved Environmental sanitation practices. 4 The Harmful Waste (Special Criminal Provision Etc.) Act 1988 The Act was enacted with the specific object of prohibiting the carrying, depositing and dumping of hazardous wastes on any land, territorial waters and matters relating thereto. This Act is essentially a penal legislation. The offences are constituted as doing any of the act or omission stated in the section 12 of the act. The jurisdiction of the Act is far reaching as it sought to remove any immunity conferred by diplomatic immunities and privileges Act on any offender for the purpose of criminal prosecution. Section 6 of the Act provides a very stringent sentence of life imprisonment and in addition the forfeiture of any aircraft, vehicle or land connected with or involved with the violation 5. National Guidelines on Environmental Management Systems (1999): The guidelines establish the requirement for an Environmental Management System (EMS) in ‘all organizations/facilities in Nigeria’. They also state that this EMS should be audited annually or as deemed necessary. 6. National Guidelines on Environmental Auditing (2001): These are designed to serve as a reference for compliance with the Environmental Audit requirements of the FMEnv. It states that it is mandatory for a company to carry out an audit every 3 years or at the discretion of the Hon. Minister of the FMEnv. 7. Natural Resources Conservation Council Act 286 of 1990 This Act is aimed at establishing the Natural Resources conservation council to be responsible for the conservation of natural resources of Nigeria and to formulate national policy for natural resources conservation. 2.5 Overview of the Nigeria Health Care Waste Management Policy, Plan and Guidelines: Presently, there is a new National Health-Care Waste Management Plan, National Health-Care Waste Management Guidelines and National Health-Care Waste Management Policy in Nigeria with specific legislation to regulate the management of healthcare waste in Nigeria. The implementation of safe practice of Healthcare Waste Management (HCWM) in public and private medical institutions is a priority issue, which the Federal Ministry of Environment in collaboration with Federal Ministry of Health and other stakeholders have decided to address. In view of the challenges presented by healthcare waste and its management in Nigeria, the Federal Ministry of Health in collaboration with the Federal Ministry of Environment instituted the National 38 Healthcare Waste Management (NHCWM) Working Committee for the development of a National Healthcare Waste Management Policy, Guidelines and Plan of actions. These documents which are standalone but complementary were validated by stakeholders at a National Stakeholders forum and are intended to address environmental and health problems associated with poor management of healthcare wastes. They provide the roadmap to introducing Safe Healthcare Waste Management (HCWM) practices to all Healthcare facilities in Nigeria. The development of this policy will set out clear guidelines for the national framework on HCWM in the country. The implementation of the Policy follows the existing governance and healthcare delivery system structures in the country. The operation of the HCWM plan and guideline covers activities at the national, state and local government levels. Both the public and private medical institutions in the country are expected to set up their HCWM plans following the guidelines provided and in line with national policy. A brief highlight of the intended objectives of the three instruments designed to standardise Healthcare Wastes Management (HCWM) practices in Nigeria is presented below: National Healthcare Waste Management Policy, 2013 The HCWM Policy subscribes to the vision, goals and principles and the regulatory approach set out in the National Environmental Policy. The policy applies to both public and private medical/health institutions in Nigeria, and at the national, state and local Government levels. The healthcare waste management policy is to be implemented in a holistic manner in the generation, storage, collection, transportation, treatment, the final disposal of the waste, and after care of the disposal site. The Policy also serves as statement of intent by the Government of Nigeria on how to manage and minimize waste generated from both the public and private health institutions, in a way that takes cognizance of the health of those handling the healthcare waste, the environment and the community so affected. The goal of the Policy is to create an enabling environment that contributes to effective and efficient healthcare waste management practices with minimal harmful environmental impact. This policy which seeks to hold every Health Care facility accountable for the safe handling and disposal of health care waste it generates has specific objectives as follow: To promote best practices in healthcare waste management in all Health Care institutions in Nigeria To institute mechanisms for effective and sustainable healthcare waste management practices at all levels in Nigeria To promote the development of institutional and human capacities for effective implementation of healthcare waste management activities in all medical institutions in Nigeria. To provide a mechanism, for effective coordination of healthcare waste management activities in all medical establishments in Nigeria. To mobilize resources for effective and sustainable implementation of healthcare waste management activities in all medical institutions in Nigeria. To set standard of healthcare waste management practices that meet international requirements. To promote partnership among various key players involved in environmental protection/conservation efforts To promote/support operational research in healthcare waste management practices and their impact on environment/community. The main features of the policy include: Justification for the HCWM Policy, Purpose of the HCWM Policy, Policy Goal & Objectives, Guiding Principles, Policy Statement, Safe Healthcare Waste Management Practices, Protection of Staff, Patients and Environment from risks associated with Healthcare Waste, Institutional Framework for Policy Implementation (Operational Guidelines), setting up of Infection Prevention and Control committees with Health Care Waste Management Committees as subset in all Health Care Facilities (HCFs), Infrastructural & Human Capacities 39 Development, Resource Mobilization, Public-Private Partnership (PPP), The Greenhouse Effect, Research, Monitoring & Evaluation and Legislation. National Healthcare Waste Management Strategic Plan (2013-2017) The National Healthcare Waste Management Plan (NHCWMP) is a five-year implementation plan for healthcare waste management in the country designed to provide an approach to the management of healthcare waste that is safe for HCFs, waste handlers, the public and the environment as well as being cost effective and practical. The plan contains the following main parts or features situational analysis, organization of health system in Nigeria, legal and regulatory HCWM frameworks, characterization of HCW production in Nigeria, characterization of HCW practices in Nigeria, appraisal of the institutional capacities of the health system and recommendations for HCWM at all levels with national action plan strategy and implementation, estimations of cost for NHCWMP and a five-year calendar of activities The NHCWMP objectives include: Develop and implement a National Action Plan based on the analysis of current HCW management and disposal practices; Develop standardized and simple HCWM procedures in the HCFs of the country and provide appropriate treatment and disposal technologies, taking into consideration the financial and institutional capacities of local, regional institutions; Develop a strategy for the implementation of the national HCWM Plan in Nigeria. The implementation of the objectives contained in the National HCWM Plan requires the development of specific actions included in the National Action Plan (NAP), which is recommended for periodic monitoring and review with a typical timeframe of around 5 years. The NHCWM Plan recommends the establishment of a NHCWM steering committee, to ensure the coordination and supervision of the NHCWM Plan at the National level and State and LGA HCWM steering committees. The Plan strongly recommended the following levels of supervision and coordination: At National level, the NSCHCWM is in charge of the monitoring and supervision of the National HCWM Plan. The PC is in charge of its implementation and supervises the activities of the Work Groups; At State level, the SSCHCWM is in charge of the monitoring and supervision of the HCWM plan. They nominate a state Coordinator who is responsible for the smooth implementation of the HCWM plans at state level. He/she reports to the PC and the SSC; At Facility level, Hospital Management is administratively responsible for the implementation of a HCWM plan within the institution. The Hospital Management nominates the HCWMO, who shall be a licensed Environmental Health Officer who has the entire responsibility with the HCWMC/IPCC to set-up Hospital HCWM Plans. National HealthCare Waste Management Guidelines, 2013 The National HCWM Guidelines are intended to identify appropriate HCWM methods that can be applied to both public and private health care facilities in Nigeria. The guidelines are designed to provide better knowledge of the fundamentals of HCWM systems and planning, including a better understanding of the risks associated with health care waste. Specifically, they are designed to: Identify HCWM procedures and plans that are protective for both human health and the environment, in compliance with current and pending environmental and health legislation in Nigeria and taking into consideration the characteristics of each health facility. Set priority actions in order to tackle the most sensitive problems related to HCWM (e.g. disposal of sharps). Review appropriate and sustainable technologies to treat and dispose of health care waste (HCW). 40 Facilitate the analysis of HCWM problems and develop strategies for safe management of HCW at all levels The National Health Care Waste Management Guidelines are to be implemented in all the medical institutions in Nigeria. The National HCWM Guidelines are intended for medical staff having “duty of care” at all levels of both private and public health facilities, namely: Directors, hospital heads of department, Chief Executive Officers of Tertiary health facilities, administrators, doctors, matrons, infection control officers, pharmacists, laboratory scientists, environmental health officers and waste handlers in addition to policy makers in charge of developing, implementing, and evaluating HCWM plans at Federal state and Local Government levels as well as Environmental Health Officers in charge of implementation and monitoring of HCWM plans. Others are; Teaching hospitals, schools of nursing and midwifery, schools of health technology and schools of hygiene, International Organizations, NGOs, and all Stakeholders in HCWM in Nigeria. Essentially the guideline contained the following main features: The audience, definitions of health care waste in Nigeria, risks associated with health care waste principles of safe health care waste management, collection, storage, and transportation of HCW, health care waste treatment and disposal options in Nigeria, accidents and spillage, development and implementation of HCWM plans in HCF. 7. National Policy on Flood and Erosion Control 2006 (FMEnv) This policy addresses the need to combat erosion in the country utilizing the procedures outlined in the National Action Plan for Flood and Erosion Control and Technical Guidelines, developed by the WIC Environmental Committee which was set up to plan an operational platform for these issues. 8. Nigeria’s Local Agenda 21  Nigeria’s Local Agenda 21 programme seeks to:  integrate environment into development planning at all levels of government and the private sector;  commence a transition to sustainable development;  address sectoral priorities, plans, policies and strategies for the major sectors of the economy; and  Simultaneously foster regional and global partnership. 9. Agriculture Sector related regulatory instruments Agriculture Sector Policies Sector-specific agricultural policies were largely designed to facilitate agricultural marketing, reduce agricultural production cost and enhance agricultural product prices as incentives for increased agricultural production. Major policy instruments for this purpose included those targeted at agricultural commodity marketing and pricing, input supply and distribution, input price subsidy, land resource use, agricultural research, agricultural extension and technology transfer, agricultural mechanization, agricultural cooperatives and agricultural water resources and irrigation development 10. Land Use Act of 1978: The Land Use Act, which was modified in 1990, remains the primary legal means to acquire land in the country. This is more so as it vests all land comprised in the territory of each state in the Federation in the Governor of the state and requires that such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act. According to the Act, administration of land area is divided into urban land which will be directly under the control and management of the Governor of each State; and non-urban land, which will be under the control and management of the Local Government. State Governors are given the right to grant statutory rights of occupancy to any person or for any purpose; and the Local Government will have the right to grant customary rights of occupancy to any person or organization for agricultural, residential and other purposes. 11. Draft National Building Code, 2006 The need to evolve a National Building Code arose from the following existing conditions of Nigerian cities and environment:  The absence of planning for our towns and cities;  Incessant collapse of buildings, fire infernos, built environment abuse and other disasters;  Dearth of referenced design standards for professionals; 41  Use of non-professionals and quacks;  Use of untested products and materials;  Lack of maintenance culture  The Code which is seen as opening a new vista in the Building Industry is aimed at eliminating or reducing to the barest minimum the incidents of collapsed buildings in Nigeria and as well promotes safety and qualitative housing for every Nigerian.  State Governments are implored to integrate the provisions of this Code into their local laws particularly those relating to Design, Construction and Maintenance (Post Construction) and efficiently monitor the implementation of the code. 12. Water Resources Act 101 of 1993 This provision vests all water and water resources in the Federal Government of Nigeria and regulates the exploitation of water resources. It also vests in the Federal Government the rights and control of water in any water course affecting more than one state for the purpose, inter alia, of ensuring the application of appropriate standards and techniques for the investigation, use, control, protection, management and administration of water resources. 13. National Water Supply and Sanitation Policy (NWSSP) was adopted in January 2000. The centerpiece of this policy is the provision of sufficient potable water and adequate sanitation to all Nigerians in an affordable and sustainable way through participatory investment by the three tiers of government, the private sector and the beneficiary. The Policy sets consumption standards for Semi – urban (small towns) and Urban Water supply 14. Nigerian Standard for Drinking Water Quality, 2007  This standard is based on general principles of preventive, integrated and collaborative multi- agency approach.  This standard sets parameters and maximum allowable limits in drinking water in Nigeria.  It also includes normative references/laws guiding drinking water quality, definition of terminologies, institutional roles and responsibilities, monitoring, data management and compliance criteria.  In developing this Standard, references were made to the Nigerian Industrial Standards for Potable Water and Natural Mineral Water, the National Guidelines and Standards for Water Quality in Nigeria, the World Health Organization (WHO) guidelines for drinking water quality (3rd Edition) and International Standard Organization of Nigeria (ISO).  The principles - The effective protection of public health against water related diseases requires a preventive integrated management approach. 15. Labour Act (1990):  Nigeria has ratified all eight core Labor-Standard-Conventions of the International Labor Organization. While Nigeria has ratified the core conventions and enacted laws to enforce the provisions, there are indications of restrictions on the trade union rights of workers in Nigeria, discrimination, child labor and forced labor. The Labor Act as the primary law protecting the employment rights of individual workers covers protection of wages; contracts; employment terms and conditions; recruitment; and classifies workers and special worker types. Union membership is governed by the Trade Union Amendment Act (1995). The 1999 Constitution further includes the objective for “equal pay for equal work without discrimination on acco unt of sex, or any other ground whatsoever”, but implementation is reported to be slow. 16. Criminal Code:  The Nigerian Criminal Code makes it an offence punishable with up to 6 month imprisonment for any person who: o Violates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carry on business in the neighborhood, or passing along a public way: or o Does any act which is, and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life, whether human or animals. 17 Public Health Law (L.N 47 of 1955, Cap 103)  Provides justification for the execution of developmental projects under guidelines that promote health by protecting the environment and safeguarding the health of humans. 42  The Public Health laws empower Medical Officers of Health (operating at the Local Government Council, under supervision of the State and Federal Ministries) to require, by implication, that individuals and groups ensure that their activities promote an environment that fosters good health (subsections 6 and 7(m). 3.3.2 State Level Each state within Nigeria is empowered to make laws for the protection of its own environment, within its jurisdiction. State Environmental Protection Agency or Authorities (SEPAs) are responsible for the assessment of all public or private projects activities within the states. The roles of SEPAs in this project include; Conducting public enlightenment on environmental sanitation and management; Co-operating with the Federal and Local Governments, Statutory bodies and Research Agencies on matters relating to the project; Pollution control and environmental health in the states; • Collaborating with FMEnv and other agencies to achieve effective prevention of abatement of trans-boundary movement of waste 3.3.3 Applicable International Legal and Administrative Instruments Several international regulations, protocols, treaties and conventions have been signed by the World aimed at halting environmental degradation and thus protecting human health against possible adverse effects. Nigeria subscribes to a number of this International Regulations and Conventions relating to Environmental Protection. Some of the guidelines/conventions/treaties to which Nigeria is a signatory are below outlined:  Both the Vienna convention for the protection of the Ozone Layer and Montreal protocol for Control of Substances that deplete the ozone layer  Basel convention on the prevention of trans-boundary movement of hazardous wastes and their disposal.  Convention on climate change  Convention on Persistent Organic Pollutants  World Health Organization (WHO) Health and Safety Component of EIA, 1987  E.t.c. 3.4 World Bank Safeguards Policies The World Bank has 10+3Environmental and Social Safeguard Policies to reduce or eliminate the adverse effects of development projects, and improve decision making for supported projects. These are summarized in shown in Box 2.1 are described in greater detail in Annex 1 While compliance with these safeguard policies is required to assure that the Project is eligible for World Bank support, in a more general sense the safeguard policies are mitigation and management tools to address operational risks associated with the environmental and social performance of an investment. From that perspective, the Government of Nigeria will make compliance with the safeguard policies of the World Bank a requirement for all subprojects The IFC and the World Bank Group have developed a set of Sectoral Environment, Health and Safety (EHS) Guidelines specific to particular industries sectors or types of projects and these shall also be taken into consideration. 3.4.1 World Bank Safeguards Policies Triggered by the Proposed Activity The proposed Project and trigger three out of the World Bank safeguard policies as indicated in Table 3.1 and has been screened to be a Category B project. 43 Box 1: World Bank Safeguard Policies Table 3.1: World Bank Safeguard Policies S/N Safeguard Policies Safeguards Reason Triggered 1 Environmental Yes Activities including construction/rehabiliation of Assessment (OP/OB/GP buildingswhich would have adverse effect on the 4.01) environment. Also, the acquisition of land and resources for these activities will lead to economic and potentially physical displacement. 2 Natural Habitats (OP/BP No The activities outlined above will not require the significant 4.04) conversion of significant areas of natural habitats. The right of way of some of the ancillary services such as pipeline may pass through sensitive ecosystem like wetland thereby causing disturbance and or damage to these ecosystems. 3 Pest Management (OP Yes The activities could lead to increased use of pesticides. The 4.09) IPMP report discusses the applicability of this policy in detail. 4 Indigenous peoples (OP No The people in the area are by the World Bank not 4.10) considered as indigenous peoples. 5 Physical Cultural NO Civil works, will most likely be able to avoid all cultural Heritage (OP 4.11) heritage sites as well as presently unknown sites that can be expected to be found in this area rich of cultural and historical values. 6 Involuntary Resettlement Yes The activities under the project could require the acquisition (OP/BP 4.12) of land through expropriation procedures. 44 Table 3.1: World Bank Safeguard Policies S/N Safeguard Policies Safeguards Reason Triggered 7 Forest (OP 4.36) NO The establishment of the project will not have impacts on the quality of natural forests, plantations and protected areas. 8 Safety of Dams (OP/BP NO The provision of water will not lead to impoundment of 4.37) streams for water and will not require the establishment of dams. 9 Projects on International No Water will not be sourced from international waterway and Waterways (OP/BP/GP the catchment area does not discharge into such. 7.50) 10 Projects in Disputed No There are no records of disputes in the area beside f the Areas (OP/BP/GP 7.60) normal conflicts between individual and collective land owners. 3.5 Comparison between Nigeria EIA Guidelines and World Bank EA Guidelines The Nigerian Environmental Impact Assessment Act (No. 86 of 1992) requires that all development projects be screened for their potential 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 require a full EIA. Such projects include large-scale activities like agriculture development on 500 hectares or more, land reclamation of 50 hectares or more, fisheries that establish land based aquaculture of 50 hectares or more, forestry projects that converts more than 50 hectares, etc.  Category II projects require only a partial EIA that focuses 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 those considered to have “essentially beneficial impacts” on the environment and for which the Federal Ministry of the Environment will prepare an Environmental Impact Statement, but which do not need an EIA. With regard to EA, the World Bank categorized projects into:  Category A: These projects are those whose impacts are sensitive, diverse, and unprecedentedly, felt beyond the immediate project environment and are potentially irreversible over the long term. Such projects require full EA. The proposed project  Category B: These are projects that involve site specific and immediate project environment interactions. Specifically, they do not significantly affect human populations, alter natural systems and resources, consume much natural resources (e.g., ground water) or have adverse impacts that are not sensitive, diverse, unprecedented and are mostly reversible. Category B projects will require partial EA, and environmental and social action plans.  Category C: These are projects that are mostly benign in nature and are likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required, although some may require environmental and social action plans.  Category FI: A proposed project is classified as Category FI, if it provides funds through a financial intermediary to subprojects that may result in adverse environmental impacts. Here the financial intermediate is responsible for setting up an Environmental and Social Management Framework that supervises the establishment of EIAs in line with the World Bank System. The World Bank Categorization (A, B, & C) corresponds in principle with the Nigeria EIA requirements of Category I, II and III as both use the level of impacts associated with a given project as trigger for the required environmental assessment. However, in the event of divergence between the two with regard to REDISSE, the more stringent safeguard policy shall take precedence. 45 Thus, for the REDISSE Project which is considered to be a category 2project, the Nigeria’s EIA requirements and World Bank operational procedures both apply and require:  Early consideration of environmental and social issues (starting at the screening stage);  Identification and early consultation with stakeholders;  Prevention of adverse impacts through the consideration of feasible alternatives; and  Incorporation of mitigation measures into planning and (engineering) design. 3.6 Adequacy of the existing Institutional Framework for Addressing Potential Environmental & Social Issues It is generally agreed that despite significant efforts at Federal, State and Local Government Level, the implementation of the existing environmental and social legislation is wanting as the capability in particular at state and local levels to assure the sustainable management of natural resources and the enforcement of rules and regulations leaves room for improvement. The REDISSE Project therefore provides and opportunity for the enhancement of capabilities as well as the acquisition of equipment to enable the implementation of the provisions outlined in the ESMF and subsequent emanating instrument (ESIA/ESMP). 46 CHAPTER FOUR DESCRIPTION OF BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENT 4.1 Location Nigeria is situated in West Africa lying between latitudes 4°00 N and 14°00N and longitudes 2°500 W and 14°45 E, bordered to its south by the Gulf of Guinea for about 850km, by the Republic of Benin to the West for 773km, Republic of Niger to its North for 1497km, Chad at its North Eastern Boundary (water boundary) for 87km and Cameroon to its East for 1,690km (see map below). Figure 4.1: Map of Nigeria showing the states and FCT. 4.2 The Bio- Physical Environmental Features Nigeria has a total area of 923,768 sq. km of which the total land area is 913, 768 sq. km and 10,000 sq. km is water.The main characteristics of the biological, physical and socio-economic environment of the project area are summarized below. 4.2.1 Physical Environment Climate Nigeria’s climate varies from arid in the north, tropical in the centre 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. 47 Rainfall 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. Temperature Nigeria’s climate is characterized by relatively high temperatures throughout the year. The average o o annual maximum varies from 35 C in the north to 31 C in the south; the average annual minimum o o from 23 C in the south to 18 C in the north. On the Jos plateau and the eastern highlands altitude o makes for relatively lower temperatures, with the maximum no more than 28 C and the minimum o sometimes as low as 14 C. Wind Two principal wind currents affect Nigeria. The south-westerlies dominate the rainy season of the year while north-easterlies dominate the dry season. Depending on the shifts in the pressure belts in the Gulf of Guinea, these winds are interspersed respectively by south-easterlies and north-westerlies in different parts of the year. The wetter winds prevail for more than 70% due to the strong influence of the breeze from the Atlantic Ocean. Mean annual wind speed varies between 2 to 6 m/s. Speeds in dry season (November - March) are lower. In the wet season (April–October), daily average speed could rise to 15 m/s. Values of up to 25 m/s are sometimes experienced due to inducement by convective rainfall activities and relative diffusion. Ambient Air Quality Generally, air quality in the area complies with regulatory standards. Although, slight variations are noticed in major industrial cities like Lagos, Ibadan, Aba, Kano, Port Harcourt and Kaduna. The Federal Ministry of Environment, Housing and Urban Development (FMEH & UD) adopted the WHO standards (Table 4.1) as the national standards for gaseous emissions against which air quality parameters monitored are compared in order to ascertain its “cleanliness”. Table 4.1: Nigerian Ambient Air Quality Standard Air Pollutants Emission Limits Particulates 250 (µg/m3) SO2 0.1 (ppm) Non-methane 160 (µg/m3) Hydrocarbon CO 11-4 (µg/m3) or 10 (ppm) NOX 0.04-0.06 (ppm) Photochemical Oxidant 0.06 (ppm) Source: FME 1991 Table 4.2: Air Quality Classification Based on TSP Values Range of TSP Values (μg/m3) Class of Air Quality 0 – 75 High Quality 76 – 230 Moderate Quality 231 – 600 Poor Quality Source: Jain, et. al (1976) 48 Geology Nigeria lies on the southern portion of the West African Craton. The geological setting comprises broadly crystalline basement complex rocks and sedimentary formations. They occur in equal proportions around the country. The former are highly mineralized and give rise to soils of high nutrient status, although variable from place to place. The latter are found in the south -east, north- east and north-west of the country, and give rise to sandy and less variable soils that are deficient in plant nutrient. Topography Nigeria has varying landforms and much of the country is dominated by plains, generally less than 610m above sea level. The eastern border with the Republic of Cameroun is lined by an almost continuous range of mountains which rise to about 2,419m at Chappal Waddi, the highest known point in Nigeria. In the North, the Jos Plateau rises abruptly from a general level of about 609.5m in the Hausa Plains to an average level of some 1,219m but reaches 1,781.6m in Shere Hills. The area west of the River Niger is dominated by the plain, which rises gently from the coast northwards 'to the area of crystalline rocks where inselbergs rise abruptly above the surrounding plains. The Idanre Hills, the highest point of these inselbergs, rises to about 981m above sea level. In general, the land surface of the country could be classified into three broad physical units or major relief features namely: the plains; the highlands; the troughs and the river valleys. Soils Characteristics The broad pattern of soil distribution in the country reflects both the climatic conditions and the geological structure; heavily leached, reddish-brown, sandy soils are found in the south, and light or moderately leached, yellowish-brown, sandy soils in the north. The difference in color relates to the extent of leaching the soil has undergone. Nigeria soils are highly weathered and are characterized by light texture, low pH, low organic matter, low potassium levels, variable phosphorous levels with clay contents ranging between 7%-43%. Surface and Ground Water Hydrology Nigeria has two major rivers, the Niger and the Benue, which traverse the northwest and northeast portion of the country, then merge at Lokoja before draining down to the Atlantic. There are several other rivers and quite a number of minor streams and rivulets that crisscross the entire Nigerian land mass. These include the Ogun, Oshun, Imo, Cross, Osse, Nun and the Anambra rivers in the south and the Kaduna, the Gongola, and the Hadeija rivers in the North. Generally the water quality in the rivers of Nigeria is very good. The average electrical conductivity in 2 the main rivers ranges between 48-65 Umhos/cm and the total dissolved solids (TDS) concentration is about 100mg/l. The pH is less than 6.5, although higher values were reported in swamps and 2 floodplains with levels of 100-150 Umhos/cm . These rivers are also low in nutrients, with an average nitrogen content of 0.32mg/l and a total phosphorous content of 0.1 mg/l. The data indicate water of high quality according to FMEH & UD limits. 4.2.2 Biological Environment Fauna Animals found in both forest and savannas include leopards, golden cats, monkeys, gorillas, and wild pigs. Today these animals can be found only in protected places as theYankari Park, Gashaka Gumti Park, and Cross River Park. Rodents such as the squirrel, porcupine, and cane rat constitute the largest family of mammals. The northern savannah abounds in guinea fowl. Other common birds include quail, vultures, kites, bustards, and gray parrots. The rivers contain crocodiles, hippopotamuses, and a great variety of marine life. In the rain forest, few large animals notably gorillas, chimpanzees, baboons and monkeys are present. Crocodiles, lizards, and snakes of many species are also present. Hippopotamuses, elephants, giraffes, leopards, and lions now remain only in scattered localities and in diminishing 49 number. Wildcats, however, are more common and widely distributed. Wildlife in the savanna includes antelope, lions, leopards, gazelles, and desert hyenas. Nigeria also abounds in bird life with a great number of species being represented. Flora Vegetation varies dramatically in relation to climate, soil, elevation, and human impact on the environment. In the low-lying coastal region, mangroves line the brackish lagoons and creeks, while swamp forest grows where the water is fresh. Farther inland, this vegetation gives way to tropical forest, with its many species of tropical hardwoods, including mahogany, iroko, and obeche. North of the forest is the Guinea Savannah, a region of tall grasses and trees. The southern margin of the Guinea Savannah has been so altered by humans that it is also called the derived savannah. Beyond the Guinea savannah lies the Sudan Savannah, a region of shorter grasses and more scattered, drought-resistant trees such as the baobab, tamarind, and acacia. In the northeastern corner of Nigeria, the very dry semi-desert Sahel Savannah persists. 4.3 The Social Environmental Features Demographics According to the latest estimates, the population of Nigeria is approximately, 150million (Nigeria Population Census, 2006), which makes Nigeria the largest country by population, in Africa. The annual average growth rate between1995-2001 was projected at 2.6% and the urban population represented 47% of the total population or 61.1 million people. The illiteracy rate, which is an estimate of the percentage the population over 15years old that have not completed a primary school education level, is 35%. The real significance of Nigeria’s demographic situation is that it simultaneously has a large population and one of the highest rates of growth in the world, causing its projection to move up so rapidly in total population. Many unknown factors could alter the above estimate. AIDS is one factor that could have a dramatic impact on Nigeria’s future demographics. While AIDS is not the critical national health concern that it is in other sub-Saharan countries, it may grow to become a problem of great concern. Rural – Urban migration in Nigeria, like in most other countries is fuelled by the pursuit for increased economic/ livelihood opportunities. Ethnic Groups and Religion Nigeria, which is Africa’s most populous country, is composed of more than 250 ethnic groups, the larger of which are the Hausa and Fulani, who are predominantly from the North represent approximately 29% of the population, the Yoruba, predominantly from the South (South West) and represent approximately 21% of the population or and the Ibo, predominantly from the East represent about 18% of the population. The other large groups are the Ijaw with about 10%, the Kanuri with about 4%, the Ibibio with about 3.5%. The Middle Belt region of Nigeria shows the greatest degree of ethnic diversity, particularly in Adamawa, Taraba and Plateau States. The religious groups include Muslims, which make up about half of the population at approximately 65 million people; Christians at about 40% or about 52million people and the rest are of indigenous beliefs (10%) or about 13 million people. Land Use Pattern 2 The estimated land area of Nigeria is 924,000 km . Land use varies based on location and the needs of the community. However, the different uses of land revolve around agriculture, industry and social needs such as the provision of infrastructure. Recent data shows that about 60% of the land area of Nigeria is under various forms of food (crop and animal) production and forest plantation. Land Tenure The Land Use Decree of 1978 vests all land in the state through the office of the governor. Land is to be held in trust and administered for the use and common benefit of all Nigerians according to the provisions of the Act. By this legal instrument, the state replaced the traditional institutions of obaship/emirship and chiefs in their roles as custodians of communal land. 50 Control and management of land in urban areas is the responsibility of the state governor, while all other land (rural, public, etc.) is the responsibility of the Local Government of the area. The governor is empowered to designate certain areas as urban land and to grant statutory rights of occupancy of fixed periods and rights of access to any person, subject to rental arrangements fixed by and payable to the state. The local government can grant a customary right of occupancy to land in the local government area (LGA) to any person or organization for agriculture, grazing, residential or other purposes. Public Health Features The increase in urban and peri-urban population over the years, coupled with the significant decline in the performance of the State Water Agencies to provide potable water (it is estimated that only 50% of the urban and 20% of the peri-urban have access to reliable water supply), and with poor or no acceptable sanitation or drainage infrastructure in many of these areas, the prevalence rate for diseases such as diarrhoea, malaria, dysentery and other serious health conditions are high. Poverty According to the World Bank, Country at a Glance report, 2001, the gross national income (GNI) per capita of Nigeria is US$290, which is significantly lower than the average of US$470 for sub Saharan Africa (SSA). It is estimated that 60% of the total population of Nigeria live below the poverty line. The average percentage of the urban poor (i.e. % of population below national poverty line) is a staggering 45% compared with the SSA average of 32%. Economics The Nigerian economy rests on two pillars; oil/gas and agriculture. Both sectors contributes 65% - 70% of GDP, while the secondary sector (manufacturing contributes about 7% and the tertiary sector (transport, trade, housing etc) contributes about 25%. Nigeria’s major industries are located in Lagos, Sango Otta, Port Harcourt, Ibadan, Aba, Onitsha, Calabar, Kano, Jos and Kaduna. Infrastructural Facilities The main transportation means in Nigeria is the road. Water transportation is fairly developed in some coastal areas. Air transportation is considered fair with major airports in Lagos, Abuja, Port Harcourt, Kano and Kaduna. The railway sector has experienced a major decline in the last decades but efforts are being made to revive it. Electricity is supplied through the national grid. The power supply is erratic; and government is promoting the development of independent power supply to augment the current inadequate supply. With regard to educational facilities, Nigeria is reasonably served. There are over 50 universities consisting of federal, state and private owned. High schools in most states are insufficient and are in dilapidated state, except for states in the southern part of the country. Presently the Federal Government is refurbishing all existing tertiary health institutions nationwide. There is at least 1 primary health care institution in each of the 744 local government areas. 4.3.1 Health facilities and Prevalent Diseases A common trend across the project area is the availability of primary health centres across the communities in the project area. However, secondary health facilities (general hospitals) are located in the major towns which are about 10 kilometres away or more from the rural people. Common sicknesses reported in the project areas are: malaria, typhoid and rheumatism. 4.3.2 Status of Health Care Institutions and Facilities In Nigeria, there are more than 22,000 public and private health care institutions distributed among the 36 states and the federal capital. These institutions are categorized according to their administrative structure as follows: 51 Tertiary Health Care Institutions These are funded by the federal government to provide highly specialized services. They include: - University Teaching Hospitals/Federal Medical Centres - State Specialist Hospitals - Medical Research Institutes/ Veterinary Research Institutes - Pharmaceutical Research Institutes HIV/AIDS Programme Development Project Secondary Health Care Institutions These are funded by the states and provide specialized services to patients referred from the primary health care centres. They include: - General Hospitals - Missionary Hospitals - Large Private Hospitals Primary Health Care Institutions These are funded by Local Governments to provide general medical services. They include: - Health Centres - Veterinary Clinics - Smaller private hospitals and clinics - Health Stations/Traditional Health Clinics Sources of Medical Waste and Management The major sources of medical waste are hospitals, clinics, laboratories, blood banks and mortuaries; while the minor sources are dental clinics, pharmacies, etc. The main actors involved in medical waste management are: • HCFs that generate the waste; • Service providers who collect the waste from the HCFs and transport it to the treatment facilities; and • Treatment facilities that process the waste to make it safe for final disposal The average distribution on types of medical waste for purposes of waste management planning is approximately as follows: - 80% general domestic waste; - 15% infectious and biological (or pathological) waste; - 3% chemical or pharmaceutical waste; - 1% sharps; and - Less than 1% special waste, such as radioactive, cytotoxic, photographic wastes, pressurized containers, broken thermometers, used batteries, etc. Existing waste management facilities differ among hospitals, it consists mostly of: - Incinerators built with primary and secondary burners, and in some cases, drum incinerators, which do not have air pollution abatement facilities; - Autoclaving; - Chemical disinfection - Microwave irradiation - Open ditches; sanitary landfills - Pit latrines and soak-away; - Transportation of medical waste to off-site disposal sites; and - Use of public drainage for infectious liquid disposal. In urban areas, unregulated practices by both public, private hospitals and private waste collectors has resulted in dumping of medical waste (infectious and sharps) at municipal dump sites. Scavenging at these disposal sites pose severe public health risks. Possibilities of infections are very high considering the fact that scavengers do not wear any form of personal protection 52 CHAPTER FIVE DESCRIPTION OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS This Section five contains a preliminary summary of the impacts that are likely to result from the project as a result of the interaction between the project components and the environmental elements. It should be noted that the impacts identified here are preliminary in nature. The potential for occurrence of the impacts identified has to be ascertained during further stages of the project and investment design and development. 5.1 Environmental and Social Screening Process The screening process is the first step in operationalizing the ESMF process. Environmental and Social screening process distinguishes sub-projects and activities that will require thorough review vis-à-vis developing preventive and mitigation measures for those that would have adverse negative impacts and enhancing the opportunities to due to those with positive impacts. To this end, the screening is directed at identifying those sub-projects activities that have minimal/no environmental or social concerns so that they can move to implementation stage in accordance with pre-approved standards or codes of practices for environmental and social management while those identified to have adverse/more significant impacts are elaborated on and appropriate mitigation measures and management plan designed for ensuring social-environmental sustainability. The extent of elaboration of environmental and social work that might be required for the project prior to implementation will depend on the outcome of the screening process. Every subproject proposal funded under the projectwill undergo an environmental and social screening process before it is selected for implementation. The screening process will establish the level of environmental and social assessment required, as well as help the PMU to understand the environmental and social issues related to the project before they are considered for implementation and thus assist in the decision making process. Thus the environmental and social screening conducted as part of the ESMF was intended to provide inputs into the initial identification of potential impacts with the implementation of the proposed project activities 5.2 Environmental Screening Criteria Generally, the screening exercise will be carried out prior to initiation of any project preparation activities. The screening exercise will be used as a tool to identify the severity of impacts of environmental and social issues, and thereby integrate their mitigation measures into the project preparation accordingly. The screening criteria include the following, inter alia: 1. Environmental factors such as; • Sensitive areas, natural habitats, declared forest reserves and sensitive areas • Felling of trees/clearance of non-agricultural vegetative cover • Loss of productive agricultural land • Impacts on seasonal (non-perennial) streams/rivers • Vulnerability to natural hazards, landslides/slips where slope angle is greater than 40%, soil erosion and, • Environmental features as wet lands, protected ground water zone, • Etc 2. Social factors such as; • Land availability to peasant s particularly small hold farming • Loss of structures and ancestral land. • Loss of livelihood including farmlands and economic trees • Impacts on common property resources • Etc. The screening shall provide information on the categories of subprojects for inclusion in the project and categories of subprojects to be excluded in sensitive areas through exclusion criteria. The categorization shall be done through the use of an Environmental Screening Checklist of the proposed projects to determine if they fall under any EA Category A, B or C as mentioned in Section3.5 Chapter 3. For instance, Category B Projects will result in adverse environmental impacts 53 on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats-that are less adverse than those of Category A projects which are more severe in the light of the core investment activities of the project including the infrastructures the gas and power connections, road improvements, water works, etc. . In general, such impacts are localized, do not affect sensitive area/resources, and reversible, unlike Category A projects. While all category A projects will require EA/ESIA with development of adequate ESMP, category B projects will require only an ESMP. Category C - Projects are generally benign and typically do not require EA. However, all such subprojects shall be screened to determine if specific environmental management plans (e.g., waste management plan) are required. Annex 3 presents an indicative Environmental & Social Screening checklist that could be used in the screening of projects. Fig.2 presents a diagrammatic representation of steps in the environmental and social Screening processes to be followed in determining the level of impact and assessment of all stages in project development. . In addition, each sub-project planned for implementation under the project shall be screened for possible triggering of OP4.12 (Involuntary Resettlement) and the processes and procedures have adequately been captured in the RPF prepared alongside this ESMF. The report on the outcome of the screening, scoping and EA category and so on will be sent to the World Bank for clearance. Figure 5.1: Steps in Environmental and Social Screening Processes 5.3 Project-Level Environmental and Social Reviews The application of ESMF to the subprojects enables preparation of a standardized environmental and social assessment documents for appraisal and implementation. This is because subprojects triggering significant environmental and social impacts, i.e. subprojects with potential to trigger impacts on environmental sensitive areas, or resettlement activities. For instance, are envisaged under the project. To this end, all subprojects shall undertake the necessary environmental and social assessments, as mandated by the Environmental laws of Nigerian Governments (national and state) and in conformance to the safeguard policies of the World Bank and in line with the 54 processes/procedures defined in this framework. The criteria established as per the Checklist of items shall enable the appropriate categorization of all (sub) projects. At the stage of detailed project preparation, ESIA shall be used to evaluate a subproject’s potential environmental risks and impacts in its area of influence; identifies ways of improving project planning, design and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental and social impacts and enhancing positive impacts, including throughout the project implementation. The World Bank favours preventative measures over mitigation or compensatory measures, whenever feasible. Any significant environmental and social issues that may arise would be addressed and mitigated through an ESMP. The environmental management measures through the ESMP should be included as part of the specifications and codified in the bidding documents to ensure implementation. The ESIA or standalone ESMP documents need to be prepared by a Consultant in accordance with the Typical TORs presented in Annexes 4 and 5for Environmental Assessment and ESMP preparation, as the case may be. Below an outline of how the ESIA should be carried out are outlined: 5.3.1 Environmental and Social Impact Assessment The screening determines whether the proposed project requires a further ESIA or not. If it is determined that the project requires an ESIA, then the scoping is carried out to determine the coverage or scope of the ESIA study. The necessary steps in conducting an ESIA are listed below:  Step 1: Scoping and Terms of Reference - a process to identify issues relevant for ESIA consideration and determine assessment methods to be used. - Terms of Reference (ToR) for the ESIA study is normally prepared as an output of the scoping exercise. The ToR needs to be approved by the Ministry of Environment and the World Bank before proceeding with the ESIA.  Step 2: Baseline Data Collection Baseline data pertaining to physical, biological, socio-economic domain cum health issues is collected to describe the status and trends of environmental and social factors against which predicted changes can be compared and evaluated.  Step 3: Identify Environmental Impacts The ESIA exercise will identify potential impacts and assess its significance. The categories of impacts, direct, indirect or cumulative, should be indicated.  Step 4: Design Mitigation Measures The mitigation measures should include analysis of project alternatives, compensatory measures, corrective measures and preventive measures.  Step 5: Public Consultation and Participation The ESIA should consider public perspective and include them in the entire assessment process and should start early in the process.  Step 6: Develop Environmental and Social Management Plan (ESMP) The ESMP should be developed primarily to document key environmental issues likely to arise from project implementation, prescribe mitigation measures to be integrated in the project design, design monitoring and evaluation schedules to be implemented during project construction and operation, and estimate costs required for implementing mitigation measures. This plan must be reviewed by the project management and approved before any construction activity is initiated by any sub-project.  Step 7: Prepare ESIA Report The ESIA report should be prepared in line with the Ministry of Environment and World Bank Format. 55  Step 8: Clearance All ESIAs/ESMP will be sent to the World Bank for review and clearance to ensure compliance with OP4.01 and any other relevant policies, procedures and guidelines. The report will also be reviewed by the Federal Ministry of Environment with all the necessary and relevant disclosures 5.3.2 Method of Impact Assessment for the ESMF In the development of the potential impacts, environmental and social issues common to core investment activities were identified and listed in a checklist. These were presented to the individuals at the stakeholder meetings and the representatives of the organizations met during the consultations. Based on the local knowledge of the stakeholders and the available literature and field survey, the common issues were identified. Based on this, a generally simplified environmental impact matrix that links project activities with some socio-environmental components that could be used for the ESIA is presented in Annex 6. 5.4 The Potential Positive Impacts The project is envisaged to have a range of positive environmental and social impacts. Some of these are a function of the objectives of the project, while others are a function of the way in which the project is designed to meet its objectives. Specifically, the following are some of the benefits that could be due to the project::  Enhancement of national surveillance and reporting systems and their interoperability at the different tiers of the health systems  Establishment of networks of efficient, high quality, accessible public health, veterinary and private laboratories for the diagnosis of infectious human and animal diseases,  Establishment of a regional networking platform to improve collaboration for laboratory investigation  Enhancement of infectious disease outbreak preparedness and response capacity  Bringing the right people with the right skills to the right place at the right time for effective disease surveillance and epidemic outbreak response preparedness  Improved nutrition  Employment creation  Improved infrastructure  Improved health care 5.4.1 The Potential Negative Impacts The potential negative impacts that could emanate from the project are presented in Tables 5.1 and 5.2 for REDISSE Table 5.1: Potential Negative Impact of the REDISSE Envisaged Potential Impact/Concerns Activities C. Environmental Rehabilitation Biodiversity of Buildings,  Interference on biodiversity conservation (changes in flora and fauna) and diagnosis  Cultivation of only cassava may alter natural vegetation; of infectious  Fire prevention and control human and Water Resources animal  Alterations of local natural water cycles/ hydrology diseases and  Weirs create a barrier across the river that can lead to water rationing for the laboratory downstream riparian communities investigation  Weirs can be dangerous with regard to safety  Water quality issues Soils  Changes in soil nutrient cycles (fertility and carbon storage capacity)  Soil structure and surface layer disruption due to agronomic practices Air quality  Degradation due to vehicular movement, mobilization of equipment 56 Table 5.1: Potential Negative Impact of the REDISSE Envisaged Potential Impact/Concerns Activities Climate Change  Burning of Waste will release noxious gases to the environment Pesticides and Chemical Use  Lethal and sub-lethal impacts on other non-target biota;  Improper use, contamination by high exposure due to no or poor precautionary measures leading to health impacts Waste Management (  Biological Waste - Collect disposable, solid materials contaminated by an infectious agent, excluding sharps, or broken or unbroken glass, into a clear, non-color autoclave bag (with no biohazardous symbols or wording) within a sturdy container. When full, these non-descriptive bags are to be autoclaved, cooled, and then placed in the building's dumpster  Animal Wastes - Bedding of animals known to have been exposed to infectious agents during research or teaching activities; or contaminated or uncontaminated animal carcasses, tissues, or body parts.  Decontaminate liquids containing a biological agent by the addition of a chemical disinfectant such as sodium hypochlorite (household bleach) or an iodophor, or by autoclaving, then dispose of by pouring down the sink. It is not necessary to autoclave liquids that have been chemically disinfected. However, if a bleach solution has been used in the collection tray for labware that will later be autoclaved, sodium thiosulfate must be added to the bleach to prevent the release of chlorine gas during autoclaving.  Blood Products and Fluids- Use Universal Precautions. Solidify blood and other body fluids container before disposal.  Animal carcasses/tissues- Place animal carcasses/tissues into a plastic bag. Double- bag when carcass contains a zoonotic agent (transmissible from animals to humans).  Place the bag in freezer until pick-up  Radioactive contaminated biological materialsanimal bedding and animal wastes, must be double bagged, sealed with duct tape or similar material, and stored in a freezer while awaiting removal. The bag must be labeled with the contents, generator's name, department, building no., room no., date, isotope, and activity and a "caution radioactive material" tag.  SOCIAL Cultural Heritage  Chance finds of cultural resources  Interference with local cultural identity and heritage Social Tension,& conflict  Social exclusion of women or the vulnerable persons Traffic and Transportation  Increase in traffic on the roads  Accident to people and animals Public and Occupational health and safety  Lack of awareness creation programs on health and safety including chemical handling.  Unavailability and poor use of personal protective equipment and limited/ no enforcement process  Influx of people resulting in spread of communication diseases Safety and security  Safety and security of community informants/ whistle blowers  Safety and security of project field staff  57 Table 5.1: Potential Negative Impact of the REDISSE Envisaged Potential Impact/Concerns Activities Fire and other Emergencies  fire and evacuation  dequate signage on escape routes and the provision  *The ESIA/ESMP shall provide further specific details when the exact sites and magnitude of the sub- project are known including their impacts 5.5 Cumulative Environmental and Social Impacts No long term or cumulative adverse environmental and social impacts of sub-projects are envisaged. However, the combination of multiple impacts from existing projects, the proposed project, and/or anticipated future subprojects may result in significant negative and/or positive environmental and social impacts that would not be expected in case of a standalone project. The cumulative impacts of the project may potentially affect other areas coterminous to the project area but the mitigation measure for this risk is that in depth technical and spatial analysis will be conducted to model the impact of the proposed subprojects once sufficient details are known and thus limit the risks. In addition, the proposed screening of subprojects with the site specific ESIAs/ESMPs for the various potential subprojects would give priority to assessing cumulative impacts stemming from each proposed undertakings or subproject activities. 5.6 Assessment of a No Project and Go Ahead Project Alternatives The Analysis of Alternatives is an analytical comparison of multiple alternatives and has long been a part of environmental assessment practice. The purpose of the analysis of the alternatives is to determine which alternative best meets the threshold criteria of sustainable development. The following alternative actions were considered in relation to the proposed project- Analysis of alternatives is done to establish the preferred or most environmentally sound, financially feasible and benign option for achieving project objectives. This requires a systematic comparison of proposed investment design in terms of site, technology, processes etc in terms of their impacts and feasibility of their mitigation, capital, recurrent costs, suitability under local conditions and institutional, training and monitoring requirements. For each alternative, the environmental cost should be quantified to the extent possible and economic values attached where feasible, and the basic for selected alternative stated. The analysis of alternative should include a NO ACTION alternative. The following alternative actions were considered for the study areas – The “No Action” alternative assumes that there will be no alteration to the existing areas in terms of ecological damage or degradation. This would imply that the proposed area/location would be left in their present states without a real potential for worsening. A no-action or no project alternative is certainly not recommended. A “Go Ahead Project Alternative,” though more expensive in terms of cost in every respect at the start, is seen to be the most feasible than do nothing alternative. Go ahead alternative is expected to reduce health burden imposed by diseases on t he populations and increased survival rates of the the population and assurance of manpower availability for employment of the locals. The two scenarios considered herewith are summarized in Table 5.4. The inference from this consideration is that even though the go ahead option is more extensive, it is a the preferred or most environmentally sound, financially feasible and benign option for achieving project objectives and ensuring economic growth and sustainable development both at the micro and macro scale. Thus the advantages of the “go ahead” alternative make it a better option than the “No-Action” alternative. 58 Table 5.2 Analysis of the alternative Criteria No Project Alternative Go Ahead Project Alternative Overall Protection of the The field visits revealed the level of Intervention would lead to strengthening environment and social poverty in the communities, the agriculture in a more professionalized and well being unsustainable manner in which highly organized manner which provides environmental resources are being room for best practice soil conservation devastated to the extent that taking a "no and sustainable management of natural action” alternative will not benefit resources. It will further generate income, members of the study areas or their which in turn increases the living standard environment and even the national of the locals and overall improvement of economy as the government moves the national economy even in the absence away from petroleum to non-petroleum- of petroleum product focused economy Long-term Effectiveness No action alternative does not meet the Go ahead option will further improve the and Permanence long-term effectiveness and permanence local and national economy with criteria of the national and local economy sustainable development agenda in mind including the agenda to improve the through careful planning based on overall management of environmental informed decision making by all parties resources for sustainable development including the locals of the project environment Compliance with Does not require compliance with All undertakings will go through an Applicable or Relevant applicable or relevant appropriate established system of screening to ensure Appropriate requirements even at local levels the necessary standard and permit Requirements requirements even at the local levels are met. Short-term Effectiveness No action alternative will not add any input The go ahead alternative will be under this criteria completed in a long-term period based on the projections. However the benefits when completed outweighs a “no action” alternative because of the systematic manner of development 59 CHAPTER 6 ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES 6.0 Introduction The Objective of the ESMF is to provide a framework for preventing and mitigating the negative impacts associated with project implementation. In this CHAPTER, this is discussed. 6.1 Approaches to Developing Mitigation Measure Options to address the various environmental and social issues identified have been worked out based on review of good practices and requirement of compliance with the legal provisions as well as consultations with the relevant stakeholders. The principle that guides the approach to mitigation measure development is outlined in Table 6.1. Table 6.1: Approach to Mitigation Measure Development Mitigation Measure S Practice 1 Seek Alternatives to avoid Consider alternatives to a proposed project activity. particular impacts. Examine alternative ways to achieve the objectives to maximize benefits and minimize undesirable impacts. 2 Arrange Compensation Restore damaged resources, such as, water source, irrigation where particular impacts are system, forest. unavoidable. Proper rehabilitation scheme, such as, skills training, new employment. Adequate compensation payments to affected persons for damage or loss of property, livelihood and provision of rehabilitation measures. 3 Take Corrective Measures to Consider corrective measures to reduce adverse impacts to reduce unavoidable effects. acceptable standards, such as, remove spoil material during construction, replace or relocate community water source, assist in school expansion to handle influx of laborers' children, and others. 4 Implement Preventive Pre-preparation for minimizing adverse impacts, such as, Measures to avoid some implement health education program, initiate public awareness impacts altogether. programs. Source: Reference Manual for Environmental and Social Aspects of Integrated Road Development, 2003, DoR. 6.2 Mitigation Measures Based on the impacts, potential problems and effects, and taking into consideration the above mitigation measure development approaches, appropriate mitigation measures suitable to the project are suggested in Table 6.2. ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities D. Environmental E. Rehabilitation Biodiversity  Avoid environmentally sensitive sites and of buildings  Interference on biodiversity unnecessary exposure or access to sensitive and diagnosis conservation (changes in flora habitat; of infectious and fauna) human and animal Water Resources  Promote buffer zones of at least 500m along diseases, and  Alterations of local natural the local streams to serve as natural filters for laboratory water cycles/ hydrology surface runoff from project activities . investigation.  Water quality issues  Consider the safety of all parties from the outset. Air quality  Ensure that vehicles and other  Degradation due to vehicular equipment are regularly inspected according movement, mobilization of to scheduled maintenance for proper exhaust 60 ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities equipment emission.  Deterioration from burning of  Train drivers to minimize speed limits on biomass of cleared forest and earthen roads in dry periods, especially addition of carbon into  do not burn any waste atmosphere  Burning waste release noxious and GHG gases Climate Change  Avoid burning of waste when there are Burning waste release noxious and risks of air contamination GHG gases Pesticides and Chemical Use  Encourage eco-friendly technologies-  Lethal and sub-lethal impacts Integrated Pest Management (See IPMP on other non-target biota; prepared for this REDISSE)  Washed out of soils, and  Intercrop with legumes as much as possible. pollute rivers and groundwater  Avoid uncontrolled mass spraying of  Intake of toxic chemicals by fungicides will be avoided. plants, animals and humans  Develop research and extension programs  Improper use, contamination addressing plant disease problems by high exposure due to no or  Environmental Agency assist s and poor precautionary measures Extension services on Safe handling, Storage leading to health impacts and Disposal Animals and Infectious Agents  Personnel conducting animal research with infectious agents or working with animals that carry potential zoonoses, must utilize isolation procedures that are:  appropriate to the infection risk.  Conduct work with infectious agents according to good laboratory procedures and  Implement containment practices.  The employees shall be trained to know at least:  when is PPE necessary for the task  what PPE is necessary for the task  how to properly put on, take off, adjust and wear the Personal Protection Equipment (PPE)  The limitation of the PPE and proper care, maintenance and disposal of the used PPE Waste Management  Develop a waste management plan Waste generation of spoil and other describinghow to deal with all types of wastes construction waste; >Unsafe and improper disposal of spoil and >construction waste. >Soil contamination >Water contamination >Injury to personnel  Animals and Animal Tissue Disposal  Place carcass and/or tissue into a plastic bag and seal with tape or by tying.  Place bagged carcasses and tissues into a sturdy box.  Seal the box with tape.  Limit the weight of each box to 40 kg and write the weight on the box. 61 ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities  Animal carcasses larger than 40 kg must be sectioned unless approved by  Safety. Provide risk assessment guidance for sectioning is available from the Biological  Safety Office. Contact them prior to sectioning any biohazardous animals.  Animal tissue must be frozen. Freezing is required to prevent putrefaction and  Avoid aerosols or dripping from liquids.  Complete an Animal Tissue Disposal Service form and attach it to the box. These  Ensure forms are available from the Safety Department or from Safety's web site:  SOCIAL Cultural Heritage  Avoidpotential physical cultural resources  Chance finds of cultural and cultural heritage sites and their resources destruction or damage.  Interference with local cultural identity and heritage Social Tension,& conflict  Continual engage in public consultation  Social exclusion of women or  the vulnerable persons Traffic and Transportation  Indicate speed limits on the road  Increase in traffic on the  Use seep breakers with adequate signage roads  Animals must not be transported by public  Accident to people and transportation animals  Transportation of Research Animals Public and Occupational health and  Prepare and implement an Environmental, safety Health and Safety (EHS) plan which will  Lack of awareness creation outline procedures for avoiding health and programs on health and safety safety incidents and for emergency medical including chemical handling. treatment.  Unavailability and poor use of  Make it mandatory for all workers within the personal protective equipment zone and region to wear suitable Personal  Psychosocial disorder Protective Equipment (PPE) as appropriate.  Train workers sufficiently in safe methods of work  Conduct safety training for pesticide handlers and all agricultural workers which includes handling of agro-chemicals, use of PPE and what to do in the case of pesticide exposure.  Develop Emergency Response plan and ensure provisions of First Aids boxes  Create public awareness on HIV/AIDS awareness and treatment and other communicable diseases.  Conduct health screening  Conduct Occupational Health Risk Assessment for contractors, personnel and project affected communities (broader effects/health impacts of project activities on communities) 62 ES Table a: Summary of Envisaged Activities/Impacts and Mitigation Principles Envisaged Potential Impact/Concerns Activities Safety and security  Utilize the services of local security in  Safety and security of addition to the Nigerian Police community informants/ whistle  Train staff on security issues and continually blowers reinforce the awareness.  Safety and security of project field staff Fire and other Emergencies  Train staff for operation of fire extinguishers and evacuation procedures;  Develop facility for fire prevention or emergency response and evacuation plans  The worksite shall be equipped with adequate signage on escape routes and the provision of fire extinguishers and emergency equipment  Ensure maintenance of all fire safety systems  Ensure prompt response and evacuation in the event of any emergencies  Primary Emergency Procedures for Fires, Spills and Accidents (Gas Leaks)  Special Procedures for Radioactive Hazards  Building Evacuation Procedures Hazardous Materials in the laboratory Develop a General Rules that include  Risk Assessment  Standard Operating Procedures (SOPs)  Laboratory Protocol  Accidents and Spills  Steps to Prevent Routine Exposure  Equipment and Glassware  Personal Protective Equipment (PPE)  Unattended Operations  Use of Fume Hoods  Storage of Chemicals in the Lab  Working with Allergens  Working with Embryotoxins  Working with Chemicals of Moderate Chronic or High Acute Toxicity  Working with Substances of High Chronic Toxicity 6.3 Enhancement of Positive Impacts and Reduction/Avoidance of Negative Impacts A Mechanism for Enhancement of Positive Impacts and Reduction/Avoidance of Negative Impacts has been developed. These include the followings: 6.3.1 Gender Mainstreaming and Vulnerability Assessment The empowerment of women groups is essential for public good. l. Thus women are key to ensuring the sensibility and sustainability of the overall project management at the farm levels especially. To encourage the participation of women’s major activities to be performed by women and men in the project should be at ratio of 60:40. Annex 6 outlines some information that should be provided in an assessment of the challenges and opportunities for gender concerns. The primary objective of the vulnerable persons assessment and assistance measures is to avoid the occurrence of project-induced vulnerability, and if it occurs, to mitigate this through preventive and follow-up measures. 63 Criteria used to assess Project-induced vulnerability include pre-Project poverty, household composition, income, food supply, housing, social support, and health. The criteria are used to establish household vulnerability relative to local conditions. Vulnerability thus becomes locally defined as those households that are recognized to be in a difficult situation against the background of general poverty in the area. Vulnerability should be viewed in two stages: pre-existing vulnerability and transitional hardship vulnerability. Pre-existing vulnerability includes that stage which would be present with or without Project development. Transitional hardship vulnerability occurs when those directly affected by the Project, whether predisposed or not, are unable to adjust to new conditions due to shock or stress related to Project activities. Project measures to identify vulnerable households and individuals include:  Participatory engagement techniques to confirm community perceptions of well-being and to identify at-risk households  Analysis of baseline data to identify at-risk households  Implementation of household monitoring surveys designed to reveal trends in social welfare (household composition, assets, sources of income, ex penditures….)  Self-registration at offices of households that identify themselves as vulnerable or at risk; with all such registrations leading to an evaluation of that household by the project/investor team in order to assess the households’ vulnerabili ty  Regular visits to all physically displaced households and any economically displaced households identified as vulnerable during resettlement planning and implementation processes to re-assess those households’ vulnerability. Such visits will occur at least once a quarter; and each visit will be recorded in the database flagging changes to indicators that are problematic 6.3.2 Waste Management Plan During the construction and subsequent operation and maintenance phases, it is inevitable that discharges of materials to the environment will occur. If these are not controlled, they may act as a source of environmental disturbance or nuisance. For effective management, the waste management plan during construction and operation phases will ensure that all the waste must be properly identified, minimized, segregated, properly stored, reused, tracked, monitored and audited. All the wastes that cannot be re-used will be safely managed and disposed of in a manner that meets regulatory requirements. Furthermore, awareness shall be created amongst investors to hold the tenets of good waste management. The Medical waste Management Plan developed paripassu with this ESMF should guide all the process and procedures for waste management for the REDISSE 6.3.3 Pesticide Use and Management The Integrated Pest Management Plan (IPMP) developed for the REDISSEE should be referred to with regard to pesticide use and management 64 CHAPTER SEVEN PUBLIC INVOLVEMENT /CONSULTATION 7.0 Introduction One key factor that exists in all successful approaches to project development and implementation is participation by all stakeholders. The more direct involvement of the local level people in the planning and management processes, the greater the likelihood that resource use and protection problems will be solved as well as the likelihood of development opportunities occurring in a balanced way and to the broad benefit of all communities in the project. Thus in line with the requirements of the World Bank Safeguard for all category A and B projects for IBRD or IDA financing, the preparation of this ESMF included consultations of relevant government agencies, communities and social groups. The consultation process which is a continuum and shall unfold at this project development stage and implementation starts 7.1 Objectives of Public Involvement/Consultations Specifically, the objectives included: 1. Canvass stakeholders’ inputs, views and concerns; and take account of the information and views of the public in the project design and in decisionmaking. 2. Obtain local and traditional knowledge that may be useful for decision-making; 3. Facilitate consideration of alternatives, mitigation measures and tradeoffs; 4. Ensure that important impacts are not overlooked and benefits maximized; 5. Reduce conflict through the early identification of contentious issues; 6. Provide an opportunity for the public to influence the designs and implementation in a positive manner; 7. Improve transparency and accountability in decision-making; and 8. Increase public confidence in the project. 7.2 Mechanism for Consultation and Participation Public involvement/consultation was considered a fundamental tool for: 1. Managing two-way communication between the project proponent and the public. 2. Building understanding and improving decision-making by actively involving individuals, groups and organizations with a stake In this regard it makes sense, at this juncture in this ESMF, to understand the following concepts: public involvement, consultation and communication that are frequently confused with each other and that should be kept separate. .  Public involvement here includes public consultation (or dialogue) and public participation, which is a more interactive and intensive process of stakeholder engagement.  Consultation is basically a two-way process in which the ideas and concerns of stakeholders and the subproject designers are shared and considered.  Communication involves dissemination of information from the subproject proponents to the concerned public. For this ESMF and subsequent safeguard instruments to be prepared, public participation strategy for the project revolves around the provision of a full opportunity for involvement of all stakeholders, especially the direct stakeholders. Therefore, as a matter of strategy, public consultation will be an on- going activity taking place throughout the entire project cycle. The consultation process will ensure that all those identified as stakeholders are consulted. Subject to PMU‟s approval, information about the project will be shared with the public, to enable meaningful contribution, and enhance the success of the project. There are many vehicles that could be used for communication and consultation such as listed below:  Meetings, filling in of questionnaires/ application forms, public readings and explanations of project ideas and requirements making public documents available at the national, local and 65 community levels at suitable locations like the official residences/offices of local elders, announcement  In various media, newspaper announcements placement in more than one paper, preferably all local papers , notice board near project site, posters located in strategic locations and many public places frequented by community and radio and local television Any of these means to use must take into account the low literacy levels prevalent in the rural communities by allowing enough time for responses and feedback and putting messages in the language readily understood by such people. Ideas and complaints coming from the population must be documented and utilised in decision making. In fact the PMU should as a matter of reaching the relevant public engage directly with stakeholders and taking their concerns into account. In other words, for effective consultation, the PMUs should hold specific events (preferably community-level meetings) at which affected people will feel comfortable expressing their views. Such events should be carefully documented by written minutes, recordings, video recordings, etc. and the minutes of these meetings together with attendance lists should be included in the prepared instrument whether ESMP or ESIA to demonstrate that consultation has taken place. ESMP/ESIA will explicitly show how ideas from public were taken into account. Generally, the PMUs are not required to accept every suggestion or demand made, but they should take each reasonable suggestion into account as a matter of good faith. 7.3 Identifying Stakeholders Stakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the planning and execution of the project, potentially affected communities; traditional rulers/ religious leaders; NGOs/CBOs; Local Government officials; State MDAs; Local social and professional groups , etc. Below an outline is indicated of the key stakeholders identified at present which will be updated during project execution: Stakeholders for the purpose of this project shall be defined as all those people and institutions that have an interest in the planning and execution of the project, potentially affected communities; traditional rulers/ Religious leaders; NGOs/CBOs; Local Government officials; State MDAs; Local social and professional groups e.g., , , International organization such as the World Bank, WHO etc. While the ESMF consultations and stakeholders engagement provide stakeholders, the general understanding of the whole project and the opportunity to contribute to the process as well as expressing the community concerns and issues on the project, the future ESIAs/ ESMPs consultation and stakeholders engagement on the other hand addresses same issues in detail with respect to individual sub-projects and ancillary facilities. Below an outline is indicated of the key stakeholders identified for ESMF and the list will be updated for ESIAs/ESMPs sub-projects during project execution: Who? How to identify them People living in the  Field Survey vicinity of the  Identify the local government area(s) that the proposed corridor of work falls proposed works. within.  Review available data to determine the stakeholder profile of the whole stakeholder or relevant group.  Use identified groups and individuals to tap into stakeholder networks to identify others. Special interest  Identify key individuals or groups through organised groups, local clubs, groups. community halls and religious places.  Organisations such as environmental groups will be aware of similar local groups or individuals. Individual people  who own properties  Advertise in local newspapers, telling people that they may be affected and that will be directly or asking them to register interest in attending meetings or receiving further indirectly affected. information. Business (owners  Field Survey and employees).  Council lists or property registers. 66 MDAs  Constitutional Responsibility/ministerial mandate International  Financial and technical supports. organisations 7.4 This ESMF and Public Involvement In the course of the preparation of this ESMF relevant stakeholders considered as key shall be me Through this, the PMUs will be able to:  clarify the project's objectives in terms of stakeholders‟ needs and concerns  identify feasible alternatives (in particular alternative locations) and examine their relative merits in terms of environmental, social and economic factors  identify and prioritise environmental and social issues and establish the scope of future studies and/or site specific management plan  Identify processes for continued stakeholders‟ involvement. Based on the project development objectives, the scope and safeguard concerns shall be extensively described to all the stakeholders and communities to ensure good participation and inputs. 7.5 ESMF Communication Plan The ESMF Communication Plan refers to specific guidelines and protocols consistent with the principles of participation that will govern the project and which will be reflected in the Communication Plans, including the Communication Plans of the Social Safeguard Frameworks of the Project. They are: I. establishment of feasible participation mechanisms , II. establishment of participation mechanisms prepared with the basic objectives of transparency, responsibility of delivery of public service and an anti-corruption approach; III. promotion of arenas of dialogue based on realistic and objective data avoiding the creation of expectations that cannot be met; IV. Non-discrimination for the most vulnerable groups, such as women, young persons, older persons and indigenous communities. 7.5.1 Mechanism for Engagement/Consultation Two or more ways are suggested for meaningful engagement of communities members as well as other stakeholders. The first is to use the existing recognized traditional structure in which consultation is conducted through the village/community leadership. This means of engagement is widely acceptable and an easy way to reach to all the groups in the community based on the existing traditional governance structure. The use of social gatherings such as churches and mosques will also be important for dissemination of information to relevant stakeholders, and finally, there is the need to segment consultations into smaller targeted groups. To do this effectively, the attendance records of the various groups having phone numbers and contacts will be used to call or reach out to direct stakeholders, including coordinating them for group meetings as and when necessary. The consultation process which is considered as a continuum for the entire project life cycle began on th th 13 August 2014 and continued till 27 August for the first phase which covered the stakeholder government agencies and the communities for the safeguard instruments (ESMF, WMPF and IPMP) preparation. The second phase was the combined World Bank and FMARD mission which took place from th th October 13 to October 17 2014, and provided a platform to validate earlier data and deepened discussions and engagement with the relevant stakeholders, especially Federal Ministry of Environment, Health Ministry, Forestry Dept, etc. on essentially safeguard concerns of the project. The third phase of the consultation at this stage captured four other LGAs and affected groups and th rd communities from 27 to 3 November 2014. These communities and LGAs visited are Iwaa and Oshokosho in Lokoja LGA, Iresuare/Osara-Gada in Adavi LGA, Ohu and Irukura in Okehi LGA and Iyara in Ijumu LGA. in Kogi State. 67 7.5.2 Plan for Future Consultations and Communication Consultation will continue before, during and after project implementation. In Table 7.3 the tools for Consultation of Stakeholders carried and furture consultations are outlined. Depending on the target stakeholder and objective of consultation at any point, one or a combination of the following tools should be used. The proponent is required to provide relevant materials in a timely manner prior to consultation and in a form and language that are understandable and accessible to the groups being consulted. This requirements and phasing of consultations are as follows:  Consultation on the finalization of ESMF – to include: o Circulation of the draft ESMF for comments toll relevant institutions (Federal Ministry of Environment, Federal Ministry of Health, State Ministry of Environment, State Ministry of Health, etc.) o Organization of public stakeholder workshops and comments incorporated in the final ESMF document o Public disclosure of Final ESMF (cleared by WB) in-country at designated centres accessible to stakeholders and at the WB info shop prior to appraisal  During the preparation of individual ESIA/ESMP o Potential investors, interested groups and communities with LGCs affected will be consulted and informed about the proposed subproject activities and how they stand to be impacted environmental and socially speaking o Identification of impacts and appropriate mitigation measures shall be sought through consultation with the relevant local stakeholders community members and expert knowledge gained elsewhere and judgement in the light of best practice o Consultation of the proponent and implementing government agencies on relevant policy terms.  During the Implementation of the ESMP o Stakeholder communities will be informed about the date/schedule of project commencement who will be involved in site selection, screening and planning administration of needed mitigation measures and monitoring and evaluation  During audit/monitoring and evaluation of the ESMP to determine the performance of the ESMP o Community members will be consulted to appreciate their understanding of the impacts that have been generated and whether the mitigation measures are working or if there will be need to change the entire ESMP. This will take place 6months after the start of the implementation of ESMP and 2 years after for the audit. Table 7.1: Future Consultations and Communication Tool Stakeholder Consultation Tools Direct Stakeholders/Project affected persons and Focus group discussions, questionnaire, groups worship centres, /desk officers, community  Land owners, tenants, squatters town hall meetings, Print materials, texting  Vulnerable group/women by phone Project partners Phone calls, e-mails, visit, facilitation  Contractors meetings, electronic media Government Agencies/Ministries Phone calls, e-mails, visit, meetings, electronic media Potential Investors Phone calls, e-mails, visit, meetings, electronic media 68 CHAPTER EIGHT ESMF IMPLEMENTATION AND MANAGEMENT 8.0 Introduction The successful implementation of the ESMF depends on the commitment of the PMU and other institutions relevant to it. In addition, the capacity within the institutions to apply or use the framework effectively, and the appropriate and functional institutional arrangements, among others will go a long way to ensure the adherence to the framework. This CHAPTER addresses the key ESMF areas relevant to its successful implementation:  Institutional arrangements;  Participation/consultation Framework  ESMF Communication Plan in the Project Cycle  Measures for Strengthening Organizational Capability - Capacity building;  Environmental and Social Mitigation Principles and Clauses  Environmental and Social Monitoring  Budgets for the ESMF  Update and Revision of ESMF  Disclosures of Safeguard Instruments 8.1 Institutional Arrangements Since one of the main purposes of the ESMF is to establish roles and responsibility for the activities that have to be undertaken, this sub-section details below, institutional arrangements and the roles and responsibilities of the various institutions relevant to the successful implementation of the ESMF as outlined in Table 8.1. 8.1.1 Project Management Unit As a point of emphasis, the Project Management Unit (PMU) with a Project Coordinator (PC) as the head to be established shall serve as the implementing body with the mandate to:  Co-ordinate the project programmes and actions Plan, coordinate, manage and develop the various sub-project activities safeguard sections and parts  Prepare plans for effective project development and management.  Coordinate all environmental and social issues through a Safeguard unit. Nevertheless, the PMU shall liaise with the various levels of government and other identified stakeholders, namely relevant Federal MDAs, State MDAs, Local Government Council Offices, the communities, NGOs/CSOs, Traditional Rulers; Trade Unions/Local social and professional groups, and the General Public 8.1.2 Environmental and Social Safeguards Unit To ensure sustainability in all sub-project activities, an environmental and social development safeguards unit shall be formed which includes the environmental and social development safeguards officers that reports directly to the PMU PC. The paramount objective of the environmental/social safeguards officers is to ensure the effective consideration and management of environmental and social concerns in all aspects from the design, planning, implementation, monitoring and evaluation of initiatives. Thus, a key function of the environmental and social development safeguard officers is to engender a broad consensus, through participatory methods and extensive dialogue on the potential environmental and social concerns from project civil works as incorporated into the World Bank's environmental and social safeguards policies triggered by the project and environmental compliance with the EA. With this, particular attention is directed at minimizing environmental and social risks associated with the development of sub-project initiatives, as well as the identification and maximization of social development opportunities arising from investments thus, the recruitment of assistant environmental and social officers. 69 In the implementation of the project, and for or all environmental and social issues the safeguard unit, shall work closely with other relevant MDAs in preparing a coordinated response on the environmental and social aspects of the sub-projects. The roles and responsibilities of the environmental and social safeguards officers to anchor environmental and social issues distinctively are described below. • Review all ESIAs/ESMPs documents prepared by environmental and social consultants and ensure adequacy under the World Bank Safeguard policies. • Ensure that the project design and specifications adequately reflect the recommendations of the ESIAs/ ESMPs; • Co-ordinate application, follow up processing and obtain requisite clearances required for the project, if required; • Prepare compliance reports with statutory requirements; • Develop, organize and deliver training program for the PMU staff, the contractors and others involved in the project implementation, in collaboration with the PMU; • Review and approve the Contractor’s Implementation Plan for the environmental measures, as per the ESIA and any other supplementary environmental and social studies that may need to be carried out by the PMU; • Liaise with the Contractors and the PMU / MDAs on implementation of the ESMPs; • Liaise with various Central and State Government agencies on environmental, resettlement and other regulatory matters; • Continuously interact with the NGOs and community groups that would be involved in the project • Establish dialogue with the affected communities and ensure that the environmental and social concerns and suggestions are incorporated and implemented in the project; • Review the performance of the project through an assessment of the periodic environmental and social monitoring reports; provide a summary of the same to the Project Manager, and initiate necessary follow-up actions; • Provide support and assistance to the Federal and State Government Agencies and the World Bank to supervise the implementation. Table 8.1: Safeguard Responsibilities S/No Category Roles 1 PMU Implementing authority, has the mandate to ensure: - Compliance with World Bank Safeguards Policies and other relevant laws in Nigeria in line with this ESMF - Smooth and efficient implementation of the project - Faithful implementation of the ESMF and other safeguard instruments developed for each subproject 2 PMU Safeguards - Assists PMU to comply with and fully implement World Unit/Safeguards Bank Safeguards Policies and other relevant laws in Officer Nigeria. - Take lead in ensuring adequate screening and scoping of project for the appropriate safeguard instrument. - Ensure adequate review of all safeguard reports before sent to the Bank - Supervision of the contractors, supervisors, training of contractors and workers, monitoring of the implementation of the ESMF and other safeguard instruments. 3 Federal Ministry of - Lead role -provision of advice on screening, scoping, Environment and review of draft EA/ESMP report (in liaison with State her agencies (Such Ministry of Environment), receiving comments from as NESREA) stakeholders, public hearing of the project proposals, and convening a technical decision-making panel, Project categorization for EA, ensuring conformity with applicable standards, Environmental and social liability investigations, Monitoring and evaluation process and 70 Table 8.1: Safeguard Responsibilities S/No Category Roles criteria 4 State Ministry of - Collaborate FMEnv and participate in the EA processes Environment/EPA 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. 5 Federal Ministry of - Provides overall leadership and direction to the other Health MDAs by engaging all the critical stakeholders to support, cooperate with and participate in established policy direction; and - Pursues an agenda of encouraging and ensuring investors comply with all environmental laws and policies 6 State Ministry of - Coordinates state-wide emergency response Health programmes including creation of awareness on the appropriate pesticides to use in consonance with this ESMF and IPMP 7 World Bank - Provides guidance on the compliance of safeguards policies - Will be involved in monitoring compliance with its safeguard policies via its oversight missions - Maintains an oversight role, review and provide clearance and approval for the ESMF and other relevant safeguard instruments developed for subprojects. - Conducts regular supervision for satisfactory ESMF/ESMP implementation, fulfillment of community liaison and provide support role throughout the project implementation, and monitor the progress of the project implementation. - Recommend additional measures for strengthening the management framework and implementation performance. - capacity building of the proponent as needed 8 Local government - Appoints Local Government Desk Officers (LGDOs) who visit communities on a regular basis to facilitate intensive participatory process and compliance to the local environmental laws - Support and work with the PMU by participating in environmental and social screening and scoping process of subprojects and public review of ESIA and ESMPs 9 NGOs/CSOs/CDA - Assist to ensure effective response actions to relevant environmental and social issues, - Conducts scientific researches alongside government groups to evolve and devise sustainable environmental strategies and rehabilitation techniques, - Organizing, coordinating and ensuring safe use of chemicals and pesticides through awareness creation - Providing wide support assistance helpful in management planning, institutional/governance issues and other livelihood related matter, Project impacts mitigation and monitoring 10 NEMA - Support with all the necessary emergency logistics and coordinate incident command system 11 State Waste - Provide logistics for waste management 71 Table 8.1: Safeguard Responsibilities S/No Category Roles Management Agencies 8.2 ESMF Communication Plan The ESMF Communication Plan refers to specific guidelines and protocols consistent with the principles of participation that will govern the project and which will be reflected in the Communication Plans, including the Communication Plans of the Social Safeguard Frameworks of the Project. They are: I. establishment of feasible participation mechanisms , II. establishment of participation mechanisms prepared with the basic objectives of transparency, responsibility of delivery of public service and an anticorruption approach; III. promotion of arenas of dialogue based on realistic and objective data avoiding the creation of expectations that cannot be met; IV. positive discrimination for the most vulnerable groups, such as women, young persons, children, older persons and indigenous communities. 8.3 Measures for Strengthening Organizational Capability - Capacity Building and Training Based on the public consultation, the capacity assessment of implementing federal and state level Ministries, Departments and Agencies (MDAs) as well as the PMU, were carried out. The effective functioning of the MDAs is hindered by limited technical skills and resource constraints. Thus, institutional barriers include:  Limited knowledge of the relationship between World Bank Safeguards policies and the extant environmental and social laws in Nigeria;  Lack of enforcement of development control regulations;  Limited knowledge on EIAs and Environmental and Social Audits during construction/rehabilitation of buildings  Limited knowledge on Strategic Environmental and Social Assessment;  Limited technical capacity on waste management; In order to achieve the goal of the ESMF, there is a need for capacity building and strengthening of relevant competencies on environmental and social management at federal and state level MDAs –. It involves organizational development, the elaboration of management structures, processes and procedures, not only within organizations but also the management of relationships between the different organizations and sectors (public, private and community). The environmental and social management requirements and provisions outlined in this ESMF, competencies and capacity building will be required in the following areas:  Environmental Impact Assessment Process - screening, scoping, impact analysis, mitigation measures and monitoring, reviewing ESIA reports;  Environmental Due Diligence - types of due diligence, screening projects for liabilities, scoping due diligence investigations and reviewing due diligence reports; and  Monitoring and Evaluation - understanding the importance of monitoring and evaluation (M&E) in project implementation, M&E requirements for environmental and social sustainability of projects. Specific areas for effective institutional capacity needs are given in Table 8.2. 72 Table 8.2.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Environmental and Social Accountability WB Safeguards PMU, Ministry Workshop ½ Working day During project World Bank World Bank Not Awareness of preparatory stage inclusive Training of Environmental Environment Safeguards Policies and , project triggered affiliated MDAs, World Bank Social PMU, Ministry Workshop ½ Working day During project World Bank World Bank Not Accountability System of preparatory stage inclusive Women Affairs, Community Development, Social Welfare and Poverty reduction, Project affiliated MDAs Nigerian Environmental PMU, Ministry Workshop ½ Working day During project Relevant Consultant PMU, Ministry of Guidelines of preparatory stage Environment and Introduction to Environment Environment and Basic Concept of project Environment affiliated Environmental MDAs, Regulations and Statutory requirements as per Government. 73 Table 8.2.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Environmental PMU, Ministry Workshop 1 Working day During project Relevant Consultant PMU, Considerations in of preparatory stage Environmental subproject activities: Environment specialist, Ministry Environmental and of components affected project Environment and during construction and affiliated operation stages; MDAs Environmental management and Best practice; Stakeholder participation Project Screening and PMU, Ministry Training of ½ Working day During project Relevant Consultant PMU, Scoping of Environment Trainers preparatory stage Environmental and specialist, Ministry project of affiliated Environment and MDAs, Review of EIA and its PMU, Ministry Lecture and ½ Working day PMU, integration into designs of Environment Field visit Environmental EIA methodology; and specialist, Environmental provisions project Implementation affiliated arrangements MDAs Preparation of ESIA, EA Training of ½ Working day During project Relevant Consultant PMU, and Environmental EMP Term of Trainers preparatory stage specialist, Ministry Reference/Implementatio of n Environment and Preparation and PMU, Ministry Training of ½ Working day During project Relevant PMU, administration of of Trainers preparatory stage Consultant Environmental questionnaires and Environment specialist, Ministry stakeholders and , project of consultation/FGD affiliated Environment and MDAs 74 Table 8.2.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Project Management PMU, Ministry Training of ½ Working day During project Project PMU, (scope, implementation, of Trainers preparatory stage Management Environmental time, budget, costs, Environment Consultant specialist, Ministry resource, quality, and of procurement, monitoring project Environment and and evaluation) affiliated MDAs Environmental and PMU, Ministry Training of ½ Working day During project Relevant PMU, Social Audits of Trainers preparatory stage Consultant Environmental Environment specialist, Ministry and of project Environment and affiliated MDAs Strategic Environmental PMU, Ministry Training of ½ Working day During project Relevant PMU, and Social Assessment of Trainers preparatory stage Consultant Environmental (SESA) Environment specialist, Ministry and of project Environment and affiliated MDAs Logistic and planning PMU, Ministry Training of ½ Working day During project Relevant PMU, of Trainers preparatory stage Consultant Environmental Environment specialist, Ministry and , of project Environment and affiliated MDAs Total 15,000 Pesticides Use, Storage PMU, Project Training of ½ Working day During project Relevant PMU, State and Disposal of affiliated MDAs Trainers preparatory Consultant Ministry of containers stage Agriculture Total 10,000 75 Table 8.2.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Training program (Health Impact Assessment) - HIA Overview of HIA PMU, Ministry of Training of Trainers During project Relevant PMU, State 7,500 Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Screening—How to PMU, Ministry of Training of Trainers During project Relevant PMU, State Decide Environment and , project affiliated preparatory Consultant Ministry of Whether to Conduct an MDAs stage Health HIA Environmental Health PMU, Ministry of Training of Trainers During project Relevant PMU, State Areas Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Scoping—How PMU, Ministry of Training of Trainers During project Relevant PMU, State Comprehensive Should Environment and , project affiliated preparatory Consultant Ministry of the MDAs stage Health HIA Be Baseline Data—What, PMU, Ministry of Training of Trainers During project Relevant PMU, State When, and How Much? Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Risk Assessment— PMU, Ministry of Training of Trainers During project Relevant PMU, State Assessing and Ranking Environment and , project affiliated preparatory Consultant Ministry of Impacts MDAs stage Health Health Action Plan PMU, Ministry of Training of Trainers During project Relevant PMU, State Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Monitoring and Verification Monitoring and PMU, Ministry of Training of Trainers During project Relevant PMU, State Verification Environment and , project affiliated preparatory Consultant Ministry of MDAs stage Health Resourcing PMU, Ministry of Training of Trainers During project Relevant PMU, State Environment and , project affiliated preparatory Consultant Ministry of Health MDAs stage 76 Table 8.2.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Training Programs [Occupational Health and Safety Management Plan (OHSMP) Occupational Health and PMU, Ministry of Training of During project Relevant PMU, State Ministry of 7, 500 Safety(OHS) Leadership Environment and , Trainers initiation stage Consultant Environment and Management project affiliated MDAs (Before Contractors, Project commencement of affected Community civil works) representatives Safety performance PMU, Ministry of Training of During project Relevant PMU, State Ministry of assessment Environment and , Trainers initiation stage Consultant Environment and Habitat project affiliated (Before MDAs, commencement of Contractors civil works) Hazard Analysis and PMU, Ministry of Training of During project Relevant PMU, State Ministry of Control Environment and Trainers initiation stage Consultant Environment and Habitat, project (Before affiliated MDAs, commencement of Contractors civil works) Hazard Communication PMU, Ministry of Training of During project Relevant PMU, State Ministry of Program Environment and , Trainers initiation stage Consultant Environment and project affiliated MDAs (Before Contractors commencement of civil works) Effective Accident PMU, Ministry of Training of During project Relevant PMU, State Ministry of Investigation Environment and , Trainers initiation stage Consultant Environment and project affiliated MDAs (Before Contractors commencement of Programme/Description Participants Form of When Training to be Training Conducting Agency Training Training conducted by Costs USD who civil works) 77 Table 8.2.: Training/Capacity Building Needs Programme/Descriptio Participants Form of Duration When Conducted by Agency Estimated Costs n Training Coordinating USD Conducting Health and PMU, Ministry of Training of During project Relevant PMU, State Ministry of Safety Environment and , Trainers initiation stage Consultant Environment and Audits project affiliated MDAs (Before Contractors commencement of civil works) Job Hazard Analysis PMU, Ministry of Training of During project Relevant PMU, State Ministry of Environment and , Trainers initiation stage Consultant Environment and project affiliated MDAs (Before Contractors commencement of civil works) Occupational Health Risk PMU, Ministry of Training of During project Relevant PMU, State Ministry of Assessment Environment and , Trainers initiation stage Consultant Environment and project affiliated MDAs (Before Contractors commencement of civil works) Work Stress Risk PMU, Ministry of Training of During project Relevant PMU, State Ministry of Assessment Environment and , Trainers initiation stage Consultant Environment and project affiliated (Before MDAs, commencement of Contractors civil works) Pesticides and other s Hands on During project Relevant PMU, State Ministry of Chemicals Management initiation stage Consultant Environment and Ministry of and Waste Management (Before farming Agriculture activities Emergency Planning and PMU, Ministry of During project Relevant PMU, SEMA Management Environment and initiation stage Consultant Habitat, project (Before affiliated MDAs, commencement of Contractors civil works) GRAND TOTAL 35,700 78 8.4 Grievance Mechanism The Grievance Redress Mechanism (GRM) is part of the broader process of stakeholder engagement, accountability, quality and compliance assurance designed to solving disputes at the earliest possible time, which is in the interest of all parties concerned. This shall further be made tighter in all future ESIAs/ESMPs once the specific sites of the various project/subproject investments are known since there are different LGAs and communities affected. The objectives of the grievance redress mechanism are to:  Provide an effective avenue for aggrieved persons to expressing their concerns and resolving disputes that are caused by the project  Promote a mutually constructive relationship among s, community members, project affected persons, government and investors  Prevent and address community concerns ,and  Assist larger processes that create positive social change  Identify early and resolve issues that would lead to judicial proceedings  8.4.1 Grievance Management Process There is no ideal model or one-size-fits-all approach to grievance resolution- localized mechanisms that take account the specific issues, cultural context, local customs, and project conditions and scale works better. Nevertheless, in Figure 8.1, an outline of the Grievance Redress Flow Path/process that could be followed includes,  Receive, register and acknowledge complaint  Screen and establish the foundation of the grievance  Implement and Monitor a redress action  Advise for a judicial proceedings as last resort if necessary  Document the experience for future reference essentially, registration of complaints, acknowledgement, follow-ups, mediation and corrective actions is presented. This is further amplified in Table 8 .3 which describes the steps in the grievance management process irrespective of the size and nature of the grievance. In all these, the existing traditional mechanism for dispute resolution in the communities structured after the order of the administrative command described Section 4 in which an aggrieved person is required to lodge his/her complaint to the head of the ward or clan a matter that is not adjudicated satisfactorily at this level is taken to the village/community head shall not be in any way not reckoned with. 8.4.2 Composition of Grievance Redress Committee A functional Grievance Redress Committee shall be constituted by the PMU in conjunction with the local community to monitor and review the progress of implementation of the scheme or plan of rehabilitation and resettlementoftheaffectedpeopleandtocarryoutpostimplementationsocialaudits. The PMU will incorporate the use of existing local grievance redress process available in the community to addressing disputes that m ay result from thi s project. This will entail co-opting the traditional council and some local leaders as m embers of the GRC. The specific composition of these committees will vary depending upon location and context. The main functions of the Committee are:  Publicize within the list of affected persons and the functioning of the grievance redressed Procedure established;  Verify grievances and their merits;  Recommend to the PMU solutions to such grievances;  Communicate the decisions to the Claimants;  Ensure that all notices ,forms ,and other documentation required by Claimants are made available in local language understood by people  Ensure documentation of all received complaints and the progress of remediation. 79 Figure 8.1: Grievance Redress Flow Path Table 8.3: Principal Steps of the Grievance Management Process Step Description Timeline 1 Receipt of the grievance 1/2day 2 Completion of the grievance form 1/2day 3 Entry of the complaint into the grievance database 1/2day 4 Preliminary assessment of grievance: internal evaluation of the 2days severity of the complaint (or “Community Impact Ranking,”) 5 Written acknowledgement of the receipt of the grievance. If key 7days information is missing from the grievance, request for further information 6 Investigation and resolution of grievance 2-4weeks 7 Response letter and registration in database. If the solution is Within 6weeks accepted, resolution (including any payments) and closure of the case 8 If the proposal is not accepted by the complainant, referral to the 6-8weeks after registration of Independent Mediation Committee grievance 9 Resort to judicial measures At any stage in the process though complainant would be persuaded to exercised patience until thorough utilization of this mediation path * If this time limit cannot be met, the PMU through the GRM advises the complainant in writing that they require additional time 80 8.4.3 Independent Mediation Committee The Independent Mediation Committee (or IMC) is a structure that is to be established by the PMU to independently and impartially resolve grievances through mediation and dispute resolution. Mediation by the IMC is only to take place in case the complainant is not satisfied with the initial resolution proposed by the GRC. The Committee uses mediation to resolve disputes or complaints submitted to it. The Mediation Committee shall operate independently from the PMU but has access to any information that the PMU and or its implementation partners have regarding the complaint. The determinations of the GRC are non-binding on either party. The IMC meets as needed, depending on registered complaints and disputes, and its members receive a stipend from the PMU to cover costs of attending meetings. If a solution that is acceptable to all parties emerges out of the meeting with the IMC, the grievance may be considered resolved and closed out; all parties are then notified. If no acceptable solution is agreed upon, either party has the option of taking legal action. The composition of the IMC shall be established shall include three people of high reputation as impartial mediators in the region such as Elders, retired judges etc. 8.5 Environmental and Social Monitoring Monitoring is a key component of the ESMF during project implementation. Monitoring verifies the effectiveness of impact mitigation measures, including the extent to which mitigation measures are successfully implemented. Monitoring specifically helps to:  Improve environmental and social management practices;  Check the efficiency and quality of the ESMP processes;  Establish the scientific reliability and credibility of the ESMP for the project and  Provide the opportunity to report the results on safeguards and impacts and proposed mitigation measures implementation. Monitoring will be one of the principal activities of environmental and social management of the activities/projects once environmental permit is secured for a sub-project, contract is awarded and the project implementation commences. The PMU Safeguard Units will commence monitoring as an important feedback mechanism. This ensures that the environmental and social mitigation measures in this ESMF are  Adhered to in implementation and are strengthened by arising situations:  Identified in the planning phase (contained in the EA report), and incorporated in the project design and cost are being implemented;  Maintained throughout the construction and operation phases through to the decommissioning of sites, facilities and equipment; and  Where inadequate, additional remedial actions are identified (including corrective measures or re-design of mitigation measures). Methods for monitoring the implementation of mitigation measures or environmental and social impacts should be as simple as possible, consistent with collecting useful information, so that the sub project implementer can apply them. For instance, they could just be regular observations of the sub project activities or sites during construction and then when in use.  Are plant/equipment being maintained and damages repaired?  Does a water source look muddier/cloudier and different than it should, if so, why and where is the potential source of contamination. Some indicators that could be used to ensure participation process involved in subproject activities include:  Number and percentage of affected households/individuals/institutions consulted during the planning stage;  Levels of decision-making of affected people;  Level of understanding of project impacts and mitigation;  Effectiveness of local authorities to contributing and making relevant decisions;  Frequency and quality of public meetings;  Degree of involvement of women or disadvantaged groups in discussions 81 Most observations of inappropriate behavior or adverse impacts should lead to common sense solutions. In some cases, there may be need to require investigation by a technically qualified person. The monitoring roles and responsibilities would be carried out by the following:  PMUs Safeguard Units monitor effectively the investors/contractors engaged to ensure adherence to the environmental and social clauses and principles for all the activities, not readily identified now. The monitoring results from the executing agencies are reported to the MoE/EPA, for necessary action.  MoE/EPA (Federal and State levels) as usual, play the leading oversight role as it relates to safeguard issues, will carry out its own compliance monitoring to satisfy itself that the permit conditions and relevant standards and mitigation measures are being fulfilled by operators in the sub-projects.  MDAs (relevant ones) would participate in the monitoring giving consideration to specific components as they relate to their areas of statutory responsibility.  Local Government traditionally would participate in the monitoring to ensure and verify adequacy of implementation of various measures.  Communities as well as the CBOs/NGOs will be useful agents in collection of data that will be vital in monitoring and realigning the project to the part of sustainability as such they will play a role in the monitoring framework.  World Bank will continually assess the implementation of the ESMF and other safeguard instruments and suggest additional measures as the need may be for effectiveness and efficiency. 8.6 Environmental Code of Conduct, Social Integration and Participation An indicative Environmental Code of Conduct for contractors that shall work on the project is shown in Annex 8. These procedures, if followed, would yield benefits for longer period in terms of financial and environmental sustainability. Furthermore, all activities as a matter of principle will promote the avoidance of any activity/subproject that  Overlooks the rights and special provisions of vulnerable groups in the communities  Causes any conflict among community or groups  Restricts the participation of women and/or marginalized any group. It is considered necessary to include in contract clauses the idea of holding Contractors financially and in some cases criminally liable for adverse impact that result from failure to implement contracted required mitigated measures. As a matter of principles, Social inclusions or community participation in various aspects of the project/subprojects shall be managed, in particular through the inclusion of clauses that involve the following measures: 1.Community  Participation in decision- making built into the planning and implementation of all participation subprojects to allow local people a voice in matters concerning them.  Involvement of affected people for consultation with and participation of in the preparation and implementation  A summary of the views expressed and how these views were taken into account in preparing the ESMP  A review of the alternatives presented and the choices made by affected persons wherever options available to them, including choices related to mitigation measures 2.Integration with host  Use existing local groups rather than form new ones populations &  Reduce social exclusion by increasing access to opportunities, goods, services and promotion of social facilities for all stakeholders, especially the marginalized and women; inclusion  For close social integration to occur, socially marginalized groups and individuals must fully participate in social and economic opportunities. 82  Target women and youths, who have often been left out of efforts to increase sustainable livelihoods. 3. Social Inclusion &  Encouragement of programmes that meet peoples felt needs and reduce the feeling of Avoidance of elite alienation, which creates not only the perception but also the actual situation of being Capture/ Vulnerable socially excluded. groups  Include special efforts (affirmative action) to fully integrate socially marginalized people into the society  Ensure access to information on all project/subproject activities through participatory village focus groups.  Partnerships could go far in removing the barriers to social inclusion.  Where different groups or individual have different views or opinions, particularly emphasis will be put on the views and needs of the vulnerable groups 4.Gender issues  The empowerment of women groups is essential for public good, so ensure for every project opportunities at least 60% are targeted at women. A gender study that strive to mainstream gender concerns is relevant. Annex 10 outlines some information that should be provided in an assessment of the challenges and opportunities for the gender concerns. 5. Avoidance of  Ensure an agreement on expectations promotion of any  faithful implementation of memorandums of understanding conflict among  Service delivery, equitable community groups  Ensure development benefits to all communities and groups, regardless of ethnicity, gender, generation, health conditions or socio-economic status.  Design subproject activities in manner that encourage cross-cultural communication systems that facilitate human coexistence, harmony and mutual partnerships. 6. Implementation  Include and ensure community participation and oversight of projects in their domains Arrangements: 7. Accountability in  Ensure public information dissemination the use of public  Collective embracement of the tenets of probity, accountability and transparency. funds 8. Grievance  To resolving conflict in the communities use existing traditional methods that are procedures affordable and accessible procedures for redressal of disputes such as:  community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders assembly, religious leaders, youth council, women groups, and ultimately the police and courts. 9. Project Monitoring  Ensure local communities/CBOs/NGOs play a role in the monitoring framework. 8.7 Budgets for the ESMF To effectively implement the environmental and social management measures suggested as part of the ESMF, necessary budgetary provisions has been be made as shown in Table 8.4. It is important to identify financial resource requirements even if indicative. This ensures upfront appreciation of the financial requirements and allows early planning and budgeting accordingly. Table 8.4 shows an indicative budget breakdown of the cost for implementing the due diligence in the project. The total cost for implementing the ESMF is estimated att N56.54m ($10,459.9)). The tentative budget includes the environmental management costs other than the good engineering practices, cost of environmental and resettlement issues and monitoring. All administrative costs for implementing the ESMF shall be budgeted for as part of the PMU’s costing. The indicative budget shown in Table 8.4 covers:  Routine E & S duties of the PMU;  Capacity Building for the PMU and other stakeholders;  Engagement of Environmental and Social Specialists  Environmental and Social Due Diligence investigations and or Audits;  Environmental and Social Impact Assessment (ESIA) Studies commissioned directly by the PMU and potential investors Monitoring and evaluation activities of the PMU 83 Table 8.4: Estimated Annual Budget to Implement ESMF 1 ESMF Requirements Budget Basis and Total Cost per Assumptions Annum (N) 2 Capacity Building for PMU Training Programs held in- N5M Personnel country Meetings, Workshops and Monthly estimated expenses of N4.2m Stakeholder Engagement N35,000/person for (to based on actual 10persons/per year expenses) 3 Environmental Screening of No additional budget No additional budget transactions Engagement of Specialists Assume specialists may be To be worked out engaged times to investigate when is to be issues engaged Field Visits to facility locations Field visits estimated for 2 PMU N1.5m personnel per year. Covers, transport, accommodation and daily allowances Meetings, Workshops and No additional budget Based on actual Stakeholder Engagement expenses 4 ESIA Scoping Workshops ESIA Scoping workshops per As part of the year ESIA/EMP preparation Typical ESIA Report for Assume average cost of each N20m subprojects ESIA depending on the extent of the road Typical ESMP for subproject N12m Engagement of Environmental As part of the and Social Specialists ESIA/EMP preparation 5 Monitoring Compliance with Assume quarterly monitoring N2m ESMP on E&S Issues during pre- activities over 5 days each operations activities quarter per year 6 Monitoring Compliance with Assume quarterly monitoring As part of item 5 ESMP and on E&S Issues during activities over 5 days each operations quarter per year 7 Training/Capacity Building Needs N6.7M 8 N51.4m TOTAL Estimated Budget 9 Contingency 10% of sub-total 5.14 Grand Total N56.54m ($10,459.9) $1=N185 8.8 Update and Revision of ESMF The ESMF shall be utilized for screening of projects as well as implementation of the specified environmental and social provisions in the road sub-projects and is considered to be a ‘living document’ enabling revision where necessary. It is imminent that c ertain factors that would have been overlooked or not considered due to the preparation of this document upstream in the project cycle with minimum ground verification would crop up especially during sub-project implementation. The factors that would have implications on compliance with World Bank policies as well as national and state environmental regulations would be addressed through updating of the ESMF and the conducting of ESIA/EMP for projects when the need arises as has been done in this update. 8.9 Disclosures of Safeguard Instruments The ESMF has been prepared in consultation with the relevant stakeholders. Copies of this ESMF and other safeguard instruments (ESIA/EMP) that would be prepared for the subprojects shall be disclosed in compliance with relevant Nigerian regulations and the World Bank operational policy. 84 It will be disclosed in-country designated sites at FEDERAL MINISTRY OF HEALTH, Federal Ministry of Environment, State Ministry of Environment, headquarters of affected LGAs and at the primary/secondary schools in the project areas, translated as much as possible into main local language. It will also be disclosed in 2 daily newspapers for 21 days as required by the Nigerian extant laws, while the World Bank will disclose the document at its info shop. Table 8.5 outlines information to be disclosed. Table 8.5: Typical Information to be disclosed Topic Documents to be disclosed Frequency Media Public Minutes of Formal Within two weeks of State website. Consultation Public Meeting State Ministry of Environment Consultation Local government Secretariat of affecte Meetings LGAs Environment ESMF Prior to commencement State Ministry of Environment Management of any work State website. Local government Secretariat of affecte LGAs World Bank Infoshop. Environment and Prior to awarding works Federal Ministry of Environment; Social impacts that the ESIA or ESMP State Ministry of Environment; Assessment Report was prepared for and State website. (ESIAs); to remain on website Local government Secretariat of affecte LGAs Environment and World Bank Infoshop. Social Management Plans (ESMPs) and other safeguards instruments All environmental A nontechnical As applicable to the Electronically and in paper copies documents executive summary environmental document being disclosed. 85 CHAPTER NINE CONCLUSION 9.0 Conclusion The West Africa Regional Disease Surveillance Systems Enhancement Project (REDISSE) will be implemented as an interdependent series of projects (SOP) that will eventually engage and support all 15 ECOWAS member countries. This is the first project in the series, REDISSE-SOP1 which targets both extremely vulnerable countries (Guinea, Sierra Leone and Liberia) and countries which have more effective surveillance systems and serve as hosts for important regional assets (Nigeria and Senegal). Phase 2 (REDISSE-SOP2) is expected to be delivered in the second quarter of Fiscal Year 17 (FY17). The estimated project financing for REDISSE-SOP2 is US$102 million. The series of projects will be implemented in the context of the African Integrated disease surveillance and Response Strategy, international standards and guidelines of World Health Organization (WHO), World Organization for Animal Health (OIE), and Food and Agriculture Organization of the United Nations (FAO), fostering a One Health Approach. The animal health sector in the ECOWAS region is characterized by a high incidence and prevalence of infectious diseases communicable diseases, both zoonotic and non-zoonotic, impacting veterinary and public health, trade, rural development and livelihoods. Animal health is seen as a priority by the two regional economic communities in West Africa. ECOWAS and WAEMU have set a target of harmonizing national animal health systems. The Ebola outbreak triggered a significant international response that brought many partners together to address the crisis and support the post-Ebola agenda of health systems recovery and strengthening. It also highlighted the need to focus attention on building the capacity for disease surveillance and response in the sub-region for both human and zoonotic diseases. The development partners engaged on these issues in the sub-region include major donor organizations including development banks, multilateral and bilateral donors and private foundations; UN systems agencies; technical agencies such as the US and China Center for Disease Control and Prevention; academic and research institutions and large numbers of international and local non-governmental organizations. As noted in Annex 2, in this type of environment duplication of effort, inefficient use of resources and failure to address resource, policy and programmatic gaps is a substantial risk. It is expected that there will continue to be an influx of funds and other forms of support to the region, in particular, to the three EVD affected countries (Guinea, Sierra Leone, and Liberia) in the next three to five years. As a result, coordination of resources and activities offered by the various partner organizations will remain a significant challenge for national governments. Therefore, coordination mechanisms at both national and regional levels that engage both the human and animal health sectors need to be developed to maximize the impacts of the increasing support and foster sustainability of the anticipated outcomes. The World Bank's convening power will be highly instrumental in forging a coalition of national, regional, and global technical and financial institutions to support the disease surveillance and epidemic preparedness agenda in West Africa. The World Bank is well placed to mobilize substantial financing for this multi-sector initiative and to convene premier technical and financial partners engaged in the field of disease surveillance and epidemic preparedness. The World Bank has strategically engaged with a core group of development partners including those implementing the Global Health Security Agenda (GHSA) in the development of the REDISSE project. The REDISSE project itself will provide resources to regional institutions and national governments to establish the needed coordinating mechanisms In the course of implementation, however, negative environmental and social impacts have been identified at a cursory assessment which requires adequate and careful attention for this proposed project which has been categorised as 2 in the light of the yardstick of the World Bank Safeguard EA Policy. Since at present, during this preparatory stage, no sufficient details are available with regard to the exact locations for each subproject activities, it became most helpful to prepare this ESMF. The ESMP outlined the principles and procedures that would be followed to ensure that implementation of project activities satisfy the requirements of the existing relevant environmental assessment in Nigeria and that of World Bank Safeguards policies. 86 This ESMF did not attempt to address any site specific impacts related to individual undertakings (in any specific form) as the locations and extent of impacts or activities are not known at this preparatory stage. Nevertheless, it spelt out the basic principles and processes within which the project/sub-projects shall be implemented, agreeable to all parties that would operate in the REDISSE. Specifically, it provides guidance for environmental and social safeguards requirements for each subproject, subproject environmental and social screening and scoping, institutional arrangements and capacity required to use this framework and overall, the processes of ensuring all undertaking in the REDISSE meet the national and local environmental & social requirements that also consistent with World Bank safeguards policies. In conclusion, it is heavily considered that adherence to the principles set out in this ESMF by all parties that would operate in the REDISSE is one sure way of making the proposed investment activities profitable sustainably in every sense. 87 Bibliography Federal Ministry of Environment (2011): Resettlement Policy Framework (RPF) for The Nigeria Erosion and Watershed Management Project covering Abia, Anambra, Cross River, Edo, Ebonyi, Enugu, and Imo States prepared by Eugene O. Itua FPMU (2008?)Environmental & Social Management Framework (ESMF) For Rural Access And Mobility Project, covering Enugu and Osun State - Draft Final Report (Updated Edition) Prepared By Earth Guard, LAMATA (2009): Environmental and Social Management Framework (ESMF) Towards The Preparation For LUTP II, Prepared By Multiple Development Services, June. Ministry Of Local Development, Nepal, (2004): Environmental and Social Management Framework for Rural Access Improvement Project The World Bank (2012): Project Appraisal Document On A Second Rural Access And Mobility Project (RAMP 2) to Federal Republic Of NigeriaReport No: 65586-NG USAID (2009): Environmental Guidelines for Small-Scale Activities in Africa World Bank (2010): Environmental And Social Management Framework (ESMF) Environmental And Social Management Framework For State Expenditure Effectiveness For Opportunities And Results (SEEFOR) In Niger Delta States (Bayelsa, Delta, Edo & Rivers) Nigeria Prepared By Eugene Itua Https://Www.Cgidd.Com/ 88 Annexes Annex 1: Summary of World Bank Environmental and Social Safeguard Policies (10+2)  Use of Country Systems (OP 4.00). The Bank's environmental and social ("safeguard") policies are designed to avoid, mitigate, or minimize adverse environmental and social impacts of projects supported by the Bank. The Bank encourages its borrowing member countries to adopt and implement systems that meet these objectives while ensuring that development resources are used transparently and efficiently to achieve desired outcomes..  Environmental Assessment (OP 4.01). Outlines Bank policy and procedure for the environmental assessment of Bank lending operations. The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA process. This environmental process will apply to all sub-projects to be funded by the proposed project.  Natural Habitats (OP 4.04). The conservation of natural habitats, like other measures that protect and enhance the environment, is essential for long-term sustainable development. The Bank does not support projects involving the significant conversion of natural habitats unless there are no feasible alternatives for the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs.  Pest Management (OP 4.09). The policy supports safe, affective, and environmentally sound pest management. It promotes the use of biological and environmental control methods. An assessment is made of the capacity of the country’s regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management.  Involuntary Resettlement (OP 4.12). This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by (a) the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets, or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. The ESMF and RPF reports discuss the applicability of this policy in detail.  Indigenous Peoples (OD 4.20). This directive provides guidance to ensure that indigenous peoples benefit from development projects, and to avoid or mitigate adverse effects of Bank-financed development projects on indigenous peoples. Measures to address issues pertaining to indigenous peoples must be based on the informed participation of the indigenous people themselves.  Forests (OP 4.36). This policy applies to the following types of Bank-financed investment projects: (a) projects that have or may have impacts on the health and quality of forests; (b) projects that affect the rights and welfare of people and their level of dependence upon or interaction with forests; and (c) projects that aim to bring about changes in the management, protection, or utilization of natural forests or plantations, whether they are publicly, privately or communally owned.  Physical Cultural Properties (OP 4.11). Assist in preserving physical cultural resources and avoiding their destruction or damage. PCR includes resources of archaeological, paleontological, historical, architectural, religious (including graveyards and burial sites), aesthetic, or other cultural significance.  Safety of Dams (OP 4.37). For the life of any dam, the owner is responsible for ensuring that appropriate measures are taken and sufficient resources provided for the safety to the dam, irrespective of its funding sources or construction status. The Bank distinguishes between small and large dams.  Projects on International Waterways (O 7.50). The Bank recognizes that the cooperation and good will of riparians is essential for the efficient utilization and protection of international waterways and attaches great importance to riparians making appropriate agreements or arrangement for the entire waterway or any part thereof.  Disputed Areas (OP/BP/GP 7.60). Project in disputed areas may occur the Bank and its member countries as well as between the borrower and one or more neighbouring countries.  Disclosure Policy (OP 17.50).Supports decision making by the Borrower and Bank by allowing the public access to information on environmental and social aspects of projects. Mandated by six safeguard policies that have specific requirements for disclosure in country (Before project appraisal in local language and in English) and World Bank INFO-Shop (Before project appraisal in English). Documents can be in draft but must meet WB standards) 89 Annex 2: Generic Environmental and Social Screening Form No Item Details INTRODUCTION 1 Name of the REDISSE 2 3 Local Government 4 Brief description of the project 5 Does the site /project require any; Yes No If yes give the extent (in ha) Reclamation of land, wetlands Clearing of forest Felling of trees 6 Minimum land area required for the proposed development (ha) 7 Available total land area within the identified location (ha) 8 Expected construction period 9 Responsible contact person with contact Information 10 Present Land Ownership State Private Others including / (specify) 11 Source of Funding 12 Total Cost of the Project 13 Anticipated Date of Completion DESCRIPTION OF THE ENVIRONMENT PHYSICAL 14 Topography & Landforms (map) Attach an extract from relevant 1: 50,000 topographic sheet/ if detailed maps are available provide them 15 Relief (difference in elevation) Low <20m Medium 20- High 40-60 >60m 40m 16 Slope Low <30% Medium 30-40 High 40-60 Very High > 60% % % 17 Position on Slope Bottom Mid-slope Upper- slope 18 Soil 19 Soil Depth Shallow Moderate Deep < 20cm 20 – 100 cm >100cm 20 Soil Erosion Low Medium High 21 Climate Wet Zone Intermediate Zone Dry Zone/ Semi Arid Zone 22 Annual dry period 23 Source of fresh Surface Water Spring/canal Tank/R Perennial Seasonal None eservoi Stream Stream r 24 Surface Water Use Domestic Washing/Bathing Irrigation Animal use 25 Surface Water Quality Poor Moderate Good 26 Ground Water Availability Dug Well Tube Well Other (specify) 27 Ground Water Use Domestic Washing/Bathing Irrigation Animal use 28 Ground Water Quality Poor Moderate Good 29 Incidence of Natural Disasters Floods Prolonged droughts Cyclones/tidal waves Other 30 Geological Hazards Landslides Rock falls Subsidence Other ECOLOGICAL 31 Habitat Types in the Project Site Natural forest ( %), degraded forest( %), natural scrubland( %), (indicate the % of each habitat degraded scrubland( %), riverine forest, grassland( %), type) abandoned agricultural land( %), marsh( %), salt marsh( %), home-gardens( %), barren land ( %), Land occupied by people ( 90 Annex 2: Generic Environmental and Social Screening Form %), Buildings( %), Roads or other development ( %), Other ( %) (List) 32 Habitat types within 250m radius Natural forest ( %), degraded forest( %), natural scrubland( %), from the site periphery degraded scrubland( %), riverine forest, grassland( %), (indicate the % of each habitat abandoned agricultural land( %), marsh( %), salt marsh( %), type) home-gardens( %), barren land ( %), Land occupied by people ( %), Buildings( %), Roads or other development ( %), Other ( %) (List) 33 Habitat types within 500m radius Natural forest ( %), degraded forest( %), natural scrubland( %), from the site periphery degraded scrubland( %), riverine forest, grassland( %), (indicate the % of each habitat abandoned agricultural land( %), marsh( %), salt marsh( %), type) home-gardens( %), barren land ( %), Land occupied by people ( %), Buildings( %), Roads or other development ( %), Other ( %) (List) 34 Are there any environmentally and Protected Migratory Archeologi Wetlan Savanna culturally sensitive areas within Areas pathways cal sites ds 250m? of animals 35 Are there any plants of conservation importance within 250m (endemic and threatened species)? If yes, provide a list 36 Are there any animals of conservation importance within 250m (endemic and threatened species)? If yes, provide a list Also, are there is habitat for animals of conservation importance? Will the project degrade or destroy such site? ENVIRONMENTAL SENSITIVITY 37 Does the project wholly or partly fall within any of the following areas? Area Yes No Unaware Animal Habitation Any erodable area Any Flood Area Any flood protection area 60 meters from the bank of a public stream Any reservations beyond the full supply level of a reservoir Any archaeological reserve, ancient or protected monument Within a distance of one mile of the boundary of a forest or National Reserve ENVIRONMENTAL IMPACT AND MITIGATION / ENHANCEMENT DURING CONSTRUCTION PERIOD IMPACTS MITIGATION/ ENHANCEMENT H M L N/A 38 Soil erosion 39 Water pollution 40 Noise pollution 41 Solid waste generation 42 Loss of vegetation cover 43 Habitat loss or fragmentation 44 General disturbance to animal behavior 45 Interference with normal 91 Annex 2: Generic Environmental and Social Screening Form movement of animals 46 Irreversible/irreparable environmental change ENVIRONMENTAL IMPACT AND MITIGATION / ENHANCEMENT DURING OPERATION PERIOD 47 Sewerage Disposal Cess Pool Sewage Pond Septic Tank Other 48 Solid Waste Disposal 49 Drinking Water Supply Common Dug Well Yes / No Individual dug well Yes / No Common Tube Well Yes / No Town supply – Yes / No pipe/borehole Spring Yes / No Town supply – Yes / No Stand post 50 Alteration to storm water No changes No major Major changes drainage pattern Changes 51 What is the degree of Very good ( ), Good ( ), Fair ( ) and Poor ( ) community engagement or information dissemination to date? 52 Provide information about the Tare: Yes No access road to the project site Distance to project site: Size: CONTACT DETAILS OF OFFICIALS AND RECOMMENDATIONS 53 Name of the officer who completed the form (From the Developer) 54 Designation and contact Information 55 List of team members 56 Overall observation and recommendation 57 Signature and date 58 Name and Contact Information of the officer who checked this form (Environmental Officer) 59 Remarks 60 Signature and Date Additional Screening Questions to Determine the Need and Possible Extent of Further Environmental and Social Review and Management 1.0 Biodiversity and Natural Resources (Yes/No/ Not Applicable) 1.1 Would the proposed project result in the conversion or degradation of modified habitat, natural habitat or critical habitat? 1.2 Are any development activities proposed within a legally protected area (e.g. natural reserve, national park) for the protection or conservation of biodiversity? 1.3 Would the proposed project pose a risk of introducing invasive alien species? 1.4 Does the project involve natural forest harvesting? 1.6 Does the project involve significant extraction, diversion or containment of surface or ground water? For example, construction of dams, reservoirs, river basin developments, groundwater extraction. 1.7 Does the project pose a risk of degrading soils? 2.0 Pollution (Yes/No/ Not Applicable) 2.1 Would the proposed project result in the release of pollutants to the environment due to routine or non-routine circumstances with the potential for negative local 92 Annex 2: Generic Environmental and Social Screening Form and regional impacts? 2.2 Would the proposed project result in the generation of waste that cannot be recovered, reused, or disposed of in an environmentally and socially sound manner? 2.3 Will the propose project involve the manufacture, trade, release, and/or use of chemicals and hazardous materials subject to international action bans or phase- outs? For example, DDT, PCBs and other chemicals listed in international conventions such as the Stockholm Convention on Persistent Organic Pollutants, or the Montreal Protocol. 2.4 Is there a potential for the release, in the environment, of hazardous materials resulting from their production, transportation, handling, storage and use for project activities? 2.5 Will the proposed project involve the application of pesticides that have a known negative effect on the environment or human health? 3.0 Climate Change (Yes/No/ Not Applicable) 1 3.1 Will the proposed project result in significant greenhouse gas emissions? Annex E provides additional guidance for answering this question. 3.2Is the proposed project likely to directly or indirectly increase environmental and social vulnerability to climate change now or in the future (also known as maladaptive practices)? 4. Social Equity and Equality (Yes/No/ Not Applicable) 4.1 Would the proposed project have environmental and social impacts that could affect vulnerable groupssuch as women children and physically challenged? 4.2 Is the project likely to significantly impact gender equality and women’s empowerment? 4.3 Is the proposed project likely to directly or indirectly increase social inequalities now or in the future? 4.4 Will the proposed project have variable impacts on women and men, different ethnic groups, social classes? 4.5 Have there been challenges in engaging women and other certain key groups of stakeholders in the project design process? 4.6 Will the project have specific human rights implications for vulnerable groups? 5. Demographics (Yes/No/ Not Applicable) 5.1 Is the project likely to result in a substantial influx of people into the affected community (ies)? 5.2 Would the proposed project result in substantial voluntary or involuntary resettlement of populations? For example, projects with environmental and social benefits (e.g. protected areas, climate change adaptation) that impact human settlements, and certain disadvantaged groups within these settlements in particular. 5.3 Would the proposed project lead to significant population density increase which could affect the environmental and social sustainability of the project? For example, a project aiming at financing tourism infrastructure in a specific area (mountain) could lead to significant population density increase which could have serious environmental and social impacts (e.g. destruction of the area’s ecology, noise pollution, waste management problems, greater work burden on women). 1. Culture (Yes/No/ Not 93 Annex 2: Generic Environmental and Social Screening Form Applicable) 6.1 Is the project likely to significantly affect the cultural traditions of affected communities, including gender-based roles? 6.2 Will the proposed project result in physical interventions (during construction or implementation) that would affect areas that have known physical or cultural significance to indigenous groups and other communities with settled recognized cultural claims? 6.3 Would the proposed project produce a physical “splintering” of a community? For example, through the construction of a road, powerline, or dam that divides a community. 2. Health and Safety (Yes/No/ Not Applicable) 7.1 Would the proposed project be susceptible to or lead to increased vulnerability to earthquakes, subsidence, landslides, erosion, flooding or extreme climatic conditions? For example, development projects located within a floodplain or landslide prone area. 7.2 Will the project result in increased health risks as a result of a change in living and working conditions? In particular, will it have the potential to lead to an increase in HIV/AIDS infection? 7.3 Will the proposed project require additional health services including testing? 3. Socio-Economics (Yes/No/ Not Applicable) 8.1 Is the proposed project likely to have impacts that could affect women’s and men’s ability to use, develop and protect natural resources and other natural capital assets? For example, activities that could lead to natural resources degradation or depletion in communities who depend on these resources for their development, livelihoods, and well-being? 8.2 Is the proposed project likely to significantly affect land tenure arrangements and/or traditional cultural ownership patterns? 8.3 Is the proposed project likely to negatively affect the income levels or employment opportunities of vulnerable groups? 9. Cumulative and/or Secondary Impacts (Yes/No/ Not Applicable) 9.1 Is the proposed project location subject to currently approved land use plans (e.g. roads, settlements) which could affect the environmental and social sustainability of the project? 9.2 Would the proposed project result in secondary or consequential development which could lead to environmental and social effects, or would it have potential to generate cumulative impacts with other known existing or planned activities in the area? Is the proposed project likely to increase environmental and/or social vulnerability to climate change now or in the future? YES NO  Does the project involve any of the following activities? o Changes in land use o Agricultural expansion or intensification o Intensification of water use o Development in areas that are under existential threat ( e.g. low-lying areas), or the longer-term habitability which is in question (e.g. areas at risk of extreme desertification) 94 Annex 2: Generic Environmental and Social Screening Form o Other economic/livelihood development based on climate-sensitive resources (e.g. exploitation of rangelands, forests, fisheries, rivers, natural resource-based tourism; etc) o Activities in areas with existing conflicts over natural resources o Pricing of basic commodities (e.g. water) o Privatization of, or formalisation of rights over, natural resources o Resettlement (e.g. facilitated or incentivized voluntary resettlement)  Does the project have the potential to have negative impacts on any marginalized or already vulnerable groups, particularly those dependent on climate-sensitive resources, such as: o Pastoralists o Hunter-gatherers o Forest dwellers o Subsistence s or fisher folk o o Women and minority groups  Are project activities/outcomes predicated on assumptions (implicit or explicit) that future climatic and environmental conditions will resemble those of the present day? (e.g. require persistence of current rainfall regimes, surface runoff, extremes frequency/severity, natural resource abundance, ecological conditions, etc). 95 Annex 6: Annex 3: Federal Guidelines for EIA Process - EIA ACT No.86 of 1992 Introduction The process for undertaking ESIA and other forms of environmental assessment in Nigeria is presented in the EIA Decree No. 86 of 1992. The Federal Government of Nigeria enacted the Environmental Impact Assessment (EIA) No. 86 of 1992 as a demonstration of her commitment to Rio declaration. Prior to the enactment of EIA act in Nigeria, project appraisals were limited predominantly to feasibility studies and economic – cost – benefits analysis. Most of these appraisals did not account for environmental costs, public opinion, and social and environmental impacts of development projects. The EIA Act gave the Federal Ministry of Environment the implementing mandate and requires that the process of EIA be mandatory applied in all major development projects right from the planning stage to ensure that likely environmental problems, including appropriate mitigation measures to address the inevitable consequences of development are anticipated prior to project implementation and addressed throughout the project cycle. The EIA Act stipulates that all Agencies, Institutions (whether public or private) except exempted by the Act, shall, before embarking on proposed projects, apply in writing to The Federal Ministry of Environment so that subject activities can be quickly identified and allow for the conduct of environmental assessment(s) as the activities are being planned. The Act made provision for all stakeholders (agencies, public, experts, NGOs, communities, etc) to be notified, consulted and or given the opportunity to make comments on the EIA of a project prior to approval or disapproval. The objectives of the EIA Act of 1992 among others include: • The establishment of the environmental effects of proposed activities before a decision is taken to embark upon them. • Promotion of the implementation of appropriate policy in all Federal land, states, and Local Government Area consistent with all laws and decision making process through which these goals in (1) above may be reached. • It encourages the development of procedures for information exchange, notification and constitution between organs and persons when proposed activities are likely to have significant effects on boundary or trans – state or on the environment bordering towns and villages. Minimum content of an ESIA study Section 4 of the EIA Act specifies the minimum content of an EIA to include the following; • A description of the proposed activities; • A description of the potential affected environment, including detailed information necessary to identify and assess the environmental effects of the proposed activities; • A description of the practical activities; • An assessment of the likely or potential environmental and social impacts of the proposed activity and the alternatives, including the direct or indirect, cumulative, short-term and long-term effects; • An identification and description of measures available to mitigate negative environmental and social impacts of the proposed activity and assessment of those measures; • An indication of gaps in knowledge and uncertainty, which may be encountered in computing the required information; • An indication of whether the environment of any state or local government areas outside Nigeria is likely to be affected by the proposed activity or its alternatives; and • A brief and non-technical summary of the information provided under the above listed paragraphs. EIA procedural guideline in Nigeria After the dissemination of the EIA Act 86 in 1992, the Federal Ministry of Environment (formally called FEPA) came up with the EIA Procedural Guideline and Sectoral Guidelines for some Nigerian Economic sub- sectors. The EIA Procedural Guideline contains a list of steps which when carefully followed shall result in better project planning and a streamlined decision making process. These steps include, brief descriptions of the project environment and process, legal framework, identified impacts etc. These steps are; • Project proposal; • Initial environmental examination (IEE) / preliminary assessment; • Screening; • Scoping; • EIA study; • Review; 96 Annex 6: Annex 3: Federal Guidelines for EIA Process - EIA ACT No.86 of 1992 • Decision making; and • Monitoring, and Auditing. EIA Sectoral guideline in Nigeria The sectoral Guidelines provide sector-specific guide for preparation of EIA reports. Sectoral guidelines have been developed for the following sectors. 1. Oil and Gas, including petroleum refining, petrochemical industry pipelines, on-shore, offshore exploration and drilling etc. 2. Infrastructures – including airports, construction, harbours, construction and expansion, railways highways, etc 3. Industries – including all other manufacturing industries, besides those in the oil and gas sector. 4. Agriculture - all agricultural practices including land clearing, afforestation projects, etc. 5. Mining – including solid minerals prospecting and exploration. In practice, sectoral guidelines: • are most useful in the early stages of an environmental assessment when ToR for the ESIA are unavailable or are being prepared; • help with impact identification and in the development of detailed TOR for conducting an ESIA; provide guidance on how to present information in the proper format to aid in review; and provides useful information against which to evaluate the actual results of the ESIA. ESIA Studies / Report Preparation ESIA studies and report preparation are the responsibilities of the project client. In the course of preparing an EIA Report of a proposed sub-project, all stakeholders should be consulted. The objective of such consultation is to identify early in the ESIA process, the worries of stakeholders regarding the impacts of the proposed sub- project in order to address such issues during the actual study and to reflect such comments in the sub-project’s ESIA report. ESIA Review Process To establish the type of review to be adopted, a draft ESIA report should be submitted to the Oyo State Ministry of Environment and Habitat and also the Federal Ministry of Environment by a client for evaluation. There are different forms of reviews, depending on the nature, scope, anticipated impact, risks, etc that may arise in project planning and implementation, and an ESIA report may be subject to any or a combination of these reviews. The various types of review are an in-house review, public review, panel review and mediation. In – House Review In order to assess how far issues raised in the Terms of Reference (ToR) have been addressed and to determine if the draft ESIA reports are suitable for public review (if necessary), all draft ESIA reports forwarded to the Ministry are reviewed in-house. If the in-house review finds that the issues in the report do not merit putting it on public display, the review process may be terminated at the in-house review stage. Some projects (e.g. those that fall under Category III of the EIA Act) may be recommended for approval by the Ministry’s In- House Panel of Experts. Public Review (Public Display) The provisions of Section 25 of the EIA Act states that, ‘interested members of the public are given the opportunity to participate in the ESIA review process through comments on project reports that are put on display’. Displays are usually done for a 21 working day period at strategic locations. Notices of such venues of display are usually published in the National and relevant State daily newspapers and information about such display are complemented with further announcements on the relevant state electronic media. Often times, the venues of displays include the Local Government Headquarters, where a project is located, the State Ministry of Environment or Environmental Protection Agency(s), The Federal Ministry of Environment. Comments received from the display venues are forwarded to the Federal Ministry of Environment Headquarters as well as the Oyo State Ministry of Environment and Habitat for collation and evaluation preparatory to the Review Panel meeting for the project. Review Panel 97 Annex 6: Annex 3: Federal Guidelines for EIA Process - EIA ACT No.86 of 1992 After the public display exercise, The Federal Ministry of Environment and Oyo State Ministry of Environment and Habitat may decide to set up a review panel to review the draft ESIA report depending on the sensitivity or significance of the comments received. The review panel meetings are held in the public so that stakeholders can utilize this opportunity to put forward their views and concerns for consideration. The choice of members of the review panel depends on the type of project, its scope as well as the ecosystem to be affected. However, the Chairman of the affected Local Government(s) and the Commissioner of Environment of the project location are always included in the Panel. Mediation Projects that are likely to cause significant negative effects that are immitigable, or of public concerns are referred to Federal Ministry of Environment Ministerial council for subsequent referral to mediation. For a mediation to be set up, Ministerial Council would have been convinced that the parties involved are willing to participate in the mediation and to abide by its decisions. ESIA Approval After the submission of a satisfactory final ESIA report, the Federal Ministry of Environment and Oyo State Ministry of Environment and Habitat could decide to set a number of conditions for the approval of the implementation of the project. Such conditions usually include a statement that mitigation measures highlighted in the projects ESIA report shall be complied with. Impact Mitigation Monitoring (IMM) The following are the objectives of an ESIA Impact mitigation monitoring:  Check that mitigation measures are implemented as appropriate;  Determine whether environmental changes are as a result of project developments and/or natural variation;  Monitor emissions and discharges at all stages of project development for compliance with regulatory standards;  Compare effluent quality/quantity with design specifications and statutory standards;  Determine the effectiveness of Environmental Management Plans, Environmental Monitoring Plans and especially the mitigation measures to predicted impacts and to also act as a feedback mechanism towards the improvement of the ESIA Evaluation and Approval process;  Determine duration of identified impacts;  Create a data bank for future development of predictive tools. The Legal requirements for Impact Mitigation Monitoring in the EIA process are specified in Sections 16 (c), 17 (2) (c), 37 (c), (1), 40 (1) (a) (2), 41(1) and 41 (2) of the EIA Act as well as Section 11 of the EIA procedural guideline Environmental Impact Monitoring is designed to monitor the Environmental and Social Management Plan (ESMP), and concerns during project operations. It is also designed to ascertain the extent to which commitments contained in EIA reports are reflected during the various phases of project development and operations. Impact Mitigation Monitoring (IMM) exercises are conducted to assess the degree and effectiveness of the mitigation measures offered in an ESIA report. Hence, relevant documents, in-house monitoring records as they affect the project, the project implementation schedule, as well as all other documents to support the environmental good housekeeping of the project are scrutinized and verified. In a typical Impact Mitigation Monitoring exercise, the following statutory actions are carried out,  Facility inspection;  Interactive session with project managers on the Mitigation Checklist for the ESIA of that subproject;  Interview and interaction with the action party responsible for ensuring full implementation of a particular action;  Inspection and Verification of the parameters that shall be monitored to ensure effective implementation of that action;  Check the timing for the implementation of the action to ensure that the objectives of mitigation are fully 98 Annex 6: Annex 3: Federal Guidelines for EIA Process - EIA ACT No.86 of 1992 met;  Interact with project Engineers and Technicians on mitigation measures that are not applicable, or not enforceable or still not practicable in line with good environmental principles with a view to finding out practical alternatives. At the conclusion of an IMM exercise, a report should be written for the Minister/Head of Department’s approval, after which, necessary suggested corrective measures would be communicated to the client. 99 Annex 4: Draft Terms of Reference for the ESIA for Site Specific Subproject 1.0 Introduction 1.1 The Purpose of the ESIA There is need to carry out an Environmental and Social Impact Assessment (ESIA), which will have to comply with the environmental procedures of the Federal Republic of Nigeria and with the environmental guidelines of the financing institutions, World Bank. 2.0 Objectives of the ESIA The objectives of the ESIA are to:  Thoroughly document baseline conditions of the study area and the socio-economic conditions of the affected communities.  Place the ecological baseline conditions of the concession area in the context of the surrounding region.  Inform, obtain and address contributions from stakeholders including relevant authorities and the public.  Assess in detail, the environmental and social impact that would result from the project  Identify mitigation measures that would reduce the significance of predicted negative impacts or enhanced predicted benefits of the proposed mining projects.  Develop an appropriate Monitoring Plan for the proposed (Name of Ancillary Infrastructure) in / projects Area  Meet the requirements of the National environmental regulatory agencies in Nigeria as well as international best practice for project of this nature. The ESIA will identify the potential environmental and social impacts associated with the development and then provide the measures that will be required to manage those impacts, which will be incorporated into an Environmental Management and Monitoring Plan. A multi-disciplinary team of experts will conduct the ESIA with the stages identified as follows: 3.0 Phase Description  Screening/Scoping- Identification of key issues and concern that are to be addressed by the specialist studies  Stakeholders engagement  Baseline -Characterize current broadly defined environmental and social conditions on and near the site to serve as a basis against which impacts can be measured and monitored.  Assessment and Mitigation - Identification of positive and negative impacts; The potential spatial extent, severity, duration and probability of impacts are described along with mitigation actions.  Integration - Collation of specialist studies and assessments and the compilation of the ESIA Report.  Review - The ESIA Report is reviewed by the Federal Ministry of Environment, sector agencies and stakeholders. The ESIA process will be guided by the Federal Guidelines for EIA process as stipulated in Annex 6 and international best practice guidelines for projects of this nature such as the World Bank. 4.0Tasks The EMP, based on the Environmental and Social assessment, should identify those E&S issues that require a more detailed management plan in order to manage potential impacts and mitigation. In the conduct of the ESIA the consultant team will undertake the following tasks:  Assemble relevant baseline information on the project area including its geology, soils, hydrology, climate, surface water quality, noise, air quality and terrestrial and aquatic flora and fauna.  Collect Information on the socio-economic background of the project area;  Provide a detailed description of the projects;  Identify the relevant laws, guidelines, regulations and standards that would define the operating framework of the project;  Identify, as far as is possible, and assess the physical, biological, socio-economic as well as cumulative impacts of the project which will include the transport and processing components of the project;  Describe alternatives examined in developing the project, and identify other alternatives that would achieve the same objectives;  Stakeholders engagement  Prepare an Environmental Management Plan that recommends measures to address those adverse impacts that can be avoided, or reduced to acceptable levels including a plan for monitoring during project implementation. The Management Plan will include a Mitigation Plan, Emergency Response Plan, Monitoring Plan and provisions for Environmental Auditing. 5.0 Specific Issues to be addressed by the ESIA 100 Annex 4: Draft Terms of Reference for the ESIA for Site Specific Subproject The consultant team will address the full range of issues as it pertains to the proposed project. The EMP, based on the Environmental and Social assessment, should identify those E&S issues that require a more detailed management plan in order to manage potential impacts and mitigation. Specific issues include:  A detailed description of the project areas including maps showing the boundaries of the project areas, layout of current land uses of the surrounding areas and network of drainage systems;  Current water quality data from surrounding streams, rivers and ground waterand the establishment of fixed stations for continuous monitoring ;  Dust and noise management in particular from haul roads, crushing plant;  Impacts to aquatic and terrestrial flora and fauna;  Water Use and effluent management;  Waste management;  Land use;  Cultural and archaeological resources;  Occupational Health and Safety;  Social and economic impacts to the local communities including direct benefits such as jobs;  Cumulative impacts of the project;  Presentation of the proposed (Name of Ancillary Infrastructure) in/ plan with all relevant information concerning potential impacts on the environment and develop mitigation strategies to reduce the identified impacts;  A Monitoring Plan with focus on reclamation efforts and on discharge and receiving water quality limits with provisions for effluent discharge monitoring. This will be based on the results of the ESIA and the management plan;  A Detailed Emergency Response Plan to respond to environmental emergencies and issues with respect to worker’s safety as well as residents. The plan will consider identification of emergencies, response mechanis ms, personnel responsibilities and equipment and training requirements. 6.0 Site Visit and Scoping The ESIA consultant will cover the cost of site visits associated with the conduct of the ESIA, public notices and other costs associated with the ESIA. 7.0 ESIA Report Outline for an Environmental and Social Impact Assessment Report An Environmental and Social Impact Assessment process should not exclusively be perceived as a matter of preparing a report and obtaining approval only, instead the use of the ESIA should help ensure that the environmental and social concerns of local communities and other stakeholders are taken into account throughout the life of the (Name of Ancillary Infrastructure) in / Project Area. The ESIA should be tailored to the specific sub- project and to the legal requirements, environmental and social conditions where it is situated. The coverage of the ESIA report itself will therefore depend on local circumstances. To describe and agree on the extent and boundaries of the proposed subprojects, a map may be useful. The Identification of relevant stakeholders would be part of this mapping exercise, and these stakeholders can then be involved in the mapping process, which can help everyone understand the complex flow of impacts and feedback loops more easily. The following outline for a typical ESIA report is offered on the basis that identified issues will not necessarily have the same degree of relevance for all subprojects.  Executive summary / non-technical summary - The summary should be written in non-technical language, be translated to the major indigenous language, Yoruba and be accessible and understandable to the relevant stakeholders and/or affected communities.  Methods and Key issues – This provides the opportunity to clarify some basic information about the ESIA including what difficulties have been encountered and the limitation of the assessment.  Legislative Framework – The legislative framework should include the relevant legislation and requirements of the country and region where the project is situated. It is also important to include a statement that commits the project to compliance.  Consultation Process – Should contain the step by step approach and views expressed. If clear recommendations resulting from the consultation process were not followed, the reasons for those decisions should be provided. 101 Annex 4: Draft Terms of Reference for the ESIA for Site Specific Subproject  Description of the existing Social and Environmental Baseline – should describe information collected on the past, present and future context for the (Name of Ancillary Infrastructure) in / Project Area in order to provide a picture of existing trends resulting from natural events or human activities, the current state of the environment, the current socio-economic conditions in the region, and any potential future changes which may occur as a result of planned developments.  Consideration of Alternatives – this section should present the results of a well thought-out process that has ensured that reasonable alternatives of different types have been considered.  Description of the proposed development – this section should cover the objectives and scope of the sub- projects, an overview of the sub-project and its location, a detailed description and layout, the site preparation and construction, and the nature of the process, as well as resources and technologies to be used.  Prediction and Evaluation of significant social and environmental impacts – this should emphasize the most important impacts, who or what these will affect, and how significant the effect will be.  Mitigation / offset measures – this section should provide an assessment of the hierarchy of impacts and whether mitigation measures proposed to alleviate the impacts and residual and/or cumulative effects. Proposed methodology to reduce negative impacts should also be included.  Environmental and Social management and monitoring plans – This section should provide a framework for managing and monitoring impacts (implementation costs inclusive) for the duration of the sub-projects and also ascertain the necessity of introducing corrective measures. It should be designed to ensure that the commitments made in the ESIA, and in any subsequent assessment reports, together with any license approval or similar conditions are implemented.  Bibliography – A list of all references cited should be included in the report. Roles and Responsibilities In undertaking an ESIA, it is important that the roles, responsibilities, rights and involvements of all stakeholders in the process are clearly defined and agreed before commencement. The level of involvement of stakeholders in the ESIA will depend (not limited) on the following factors;  Location of the sub-projects;  Legislation;  Source for financing of the sub-project;  Public profile of the sub-project. 8.0 The Technical team for the ESIA will be procured by the 9. 0 Management of the ESIA process The consultant will manage the overall ESIA process and will be responsible for the compilation and presentation of the ESIA Report. The consultant will plan, coordinate and execute all activities of the ESIA process as well as in the planning and execution of the public scoping meeting and public hearing if required. The consultant will provide updates to all relevant agencies on the ESIA process. 10. Duration The duration for the preparation of ESIA will be one year from the date of contract signing. 102 ANNEX 5: Draft Terms of Reference for ESMP for Site Specific Subproject / Introduction and Project Description: Give a short description of the project This part will be completed in time and will include necessary information related to the projectand methodology to carry out the study. Purpose of ESMP This section will indicate (i) the objectives and the project activities; (ii) the activities that may cause environmental and social negative impacts and needing adequate mitigation measures. Tasks The consultant should realize the following: Scoping including stakeholder engagement to identify potential issues of most concern 1. Assess the potential environmental and social impacts related to project activities and recommend adequate mitigation measures, including costs estimation. 2. Review institutional assessment and framework for environmental management. 3. Identify responsibilities and actors for the implementation of proposed mitigation measures 4. Assess the capacity available to implement the proposed mitigation measures, and suggest recommendation in terms of training and capacity building, and estimate their costs. 5. Develop an Environmental and Social Management Plan (ESMP) for the project. The ESMP should underline (i) the potential environmental and social impacts resulting from project activities (ii) the proposed mitigation measures; (iii) the institutional responsibilities for implementation; (iv)the monitoring indicators; (v) the institutional responsibilities for monitoring and implementation of mitigation measures; (vi) the costs of activities; and (vii) the calendar of implementation. 6. Public consultations. The ESMP results and the proposed mitigation measures will be discussed with relevant stakeholders, NGOs, local administration and other organizations mainly involved in the project activities. Recommendations from this public consultations will be included in the final ESMP report. Plan of the ESMP report 1. Cover page 2. Table of contents 3. List of acronyms 4. Executive summary 5. Introduction 6. Description of sub-project sites 7. Applicable standards: including WB OPs. projects should meet Nigerian standards, state standards, WB OPs, and other elements of good international practice. If there are specific international standards or practices that need to be met, these should be listed 8. Description of environmental and social impacts and mitigation measures for project activities 9. Institutional Assessment and framework for Environmental Management. 10. Environmental and Social Management Plan (ESMP) for the project including the proposed mitigation measures;  Institutional Responsibilities for Implementation;  Monitoring indicators;  Institutional responsibilities for monitoring and implementation of mitigation;  Summarized table for ESMP including costs  ESMP Training requirements. 11. Public Consultation 12. Conclusion and Recommendations 13. Annexes: List of persons / institutions meet. Duration of study The duration of study will be determined according to the type of activity. Production of final report The consultant will produce the final report one (1) week after receiving comments from the World Bank, State Ministry of Environment (State Environmental Protection Board and Department of forestry. The report will include all the comments from all. Supervision of study The consultancy will be supervised by the Environmental and Social Development Specialist. Deliverables: Five Hard copies of all reports (Inception, Draft, Draft Final and Final) and soft copy of reports. 103 Annex 6: Climate Change- Environmental and Social Impact Vulnerability Assessment Due to Project YES NO i Does the project involve any of the following activities? o Changes in land use o Agricultural expansion or intensification o Intensification of water use o Development in areas that are under existential threat ( e.g. low-lying coastal areas), or the longer-term habitability of which is in question (e.g. areas at risk of extreme desertification or extreme disaster risk) oOther economic/livelihood development based on climate-sensitive resources (e.g. exploitation of rangelands, forests, fisheries, rivers, lakes; natural resource-based tourism; etc) oActivities in areas with existing conflicts over natural resources o Pricing of basic commodities (e.g. water) oPrivatization of, or formalisation of rights over, natural resources oResettlement (e.g. facilitated or incentivised voluntary resettlement) ii Does the project have the potential to have nagative impacts on any marginalized or already vulnerable groups, particularly those dependent on climate-sensitive resources, such as: o Pastoralists o Hunter-gatherers o Forest dwellers o Subsistence s or fisher folk oIndigenous peoples (or other peoples) living outside of the mainstream economy o Women and minority groups iii Are project activities/outcomes predicated on assumptions (implicit or explicit) that future climatic and environmental conditions will resemble those of the present day? (e.g. require persistence of current rainfall regimes, surface runoff, extremes frequency/severity, natural resource abundance, ecological conditions, etc). 104 ANNEX 7: Sample Checklist for Environmental Impact Prediction Impact Possible Prediction Mitigation Measures Project Undertakings Baseline Condition Environmental Field Analysis & Impact Monitoring I M S Physical Environment Loss of  Loss of private land Land use pattern along the road agricultural and  Loss of forest alignment forest area  Compensation within RoW  Number and size of Slope landslides along the instability alignment Topography of the alignment, soil and resulting land  Soil erosion and land geology/slope inclinations slides and slides initiated by the erosion clearance of Opening of trail vegetation Establishment of Sedimentation  Turbidity in streams RoW of the streams and soil condition of Removal of Water bodies near project and siltation to adjoining agriculture vegetation agricultural land land Disturbance to  Water logging Natural drainage pattern natural  Design of drainage drainage facilities Biological Environment  Quantity of forest and Type, area, and condition of forest Loss of trees trees extracted along road alignment and vegetation during alignment clearance Disturbance to  Disturbance to List of locally found &endangered wildlife wildlife population population Earthworks (cut and Physical Environment 105 ANNEX 7: Sample Checklist for Environmental Impact Prediction fill equalization)  Number and Accelerated locations of erosion landslides Topography of the alignment, soil & resulting slope  Extent of civil and geology instability and bioengineering works landslides for stabilizing eroded and unstable areas? Siltation of Water bodies near project  Turbidity in streams surface water Biological Environment Forest located along the alignment Destruction of  Quantity/number of and its area/type/condition vegetation trees felled  Wildlife sitting in the List of locally found & endangered Disturbance to area according to species wildlife locals Physical Environment  Quarrying method and possibility of slipping of overburdens Disruption of  Quantify natural land specifications like contour restriction to small Location/topography/ soil/geology resulting slope area, confined to instability and existing quarry sites, Operation of quarries landslide/ not close to tree and borrow pits erosion cover, 60 m away from dwellings, 200 m away from archaeological and cultural sites Disturbance to natural drainage Natural drainage pattern  Water logging patterns resulting in water logging 106 ANNEX 7: Sample Checklist for Environmental Impact Prediction Contamination Water bodies nearby of surface  Turbidity water bodies Biological Environment  Any vegetation Forest located along the alignment, Removal of removal from quarry area/type/condition vegetation site, their quantity Disturbance to  Wildlife siting in the List of locally found & endangered wildlife area according to species population locals Physical Environment  Spoil disposal practice adopted by the Scouring of valley project. side slopes  Landslides Location/ Topography resulting  Spoil disposal practice landslides and (designated site/ erosion compaction/leveling/re habilitation with planting vegetation) Destruction of Spoil and property  Land use nearby construction waste Land used/Area (agriculture land, disposal site disposal irrigation etc.)  Water logging Disruption of  Cross road drainage / Natural drainage pattern natural drainage side, drainage/surface drainage construction Siltation of surface Water bodies  Turbidity water Biological Environment  Area of vegetation Disturbance to Location/vegetation type disturbed and vegetation condition 107 ANNEX 7: Sample Checklist for Environmental Impact Prediction  Turbidity of the water Disturbance to Locally found aquatic life in the bodies/change in Aquatic life due to Water bodies availability of aquatic siltation life Physical Environment Short-term air and Use of machineries and local noise pollution  Site observation ambience from machine operation Contamination of  Water quality of the Water bodies nearby water bodies due nearby stream to run-off Area and type of land occupied Temporary loss of  Location of work camp or hired land  Runoff to water bodies nearby, sanitary Work camp operation condition, water Contamination of Water bodies nearby quality water  Provision of rehabilitation after the project completion Biological Environment Disturbance to  Area of vegetation Location/vegetation type vegetation due to disturbed and site clearance condition Possibility of illegal Locally found wildlife including  Illegal hunting, hunting/trapping/fis endangered species trapping of wildlife hing Physical Environment Temporary loss of  Previous land use of Labor camp Area and type of land occupied land (agriculture the camp/condition of or hired land/forest land) the camp site 108 ANNEX 7: Sample Checklist for Environmental Impact Prediction  Waste disposal site and waste disposal Solid waste system Location disposal issues  Provision of rehabilitation after the project completion Biological Environment  Fuel wood Pressure to the consumption by Area/Type/condition of forest forest vicinity for workers nearby fuel wood  Condition of forest in vicinity Possibility of illegal Locally found fauna including  Illegal hunting, hunting/trapping/fis endangered ones trapping of wildlife hing Impact due to surface and ground water  Number and condition Locally found aquatic lives contamination of toilets at camp from unsanitary disposal of toilet waste  Visual turbidity of surface Siltation of surface waters Stockpiling of water resulting  Disturbance to tree and construction Water bodies nearby from uncontrolled vegetation materials runoff from storage  Disturbance to houses piles and prime agricultural land 109 Annex 8: Generic Environmental and Social Mitigation Measures Checklist Upon completion of the screening form, which would have identified potential sub-project negative environmental and social impacts, the PMU or stakeholders at various levels may use the checklist below to identify the corresponding mitigation measures to successfully manage these impacts. Phase Land Water Bio-diversity, Natural Habitats People Degradation and Wetlands Plann i. Clearance for Review, update i) Consideration of alternative i) No involuntary settlement allowed due to land ing agrouctulrea activities and enforce locations/siting of subprojects. acquisition, denial or restriction of access to economic and infrastructures pollution control ii) Reduce biomass use through resources such such micro dams, hill legislation. v) provision of alternative energy sources as trees, buildings etc., used by members of communities. side terracing, soil Strengthen and construction materials (cooking ii) Provide social services bunds etc. ii. Introduce enforcement stoves, photovoltaics). iii) Strengthen in areas of crop rotation capacity. vi) natural resource management capacities Primary education management, use of Develop and iv) Develop alternatives to slash Primary health care fertilizers, tree planting implement rural and burning clearing, decrease Water supply and soil drainage water supply and overgrazing. Micro-finance (v) Control bush sanitation policy. v) Promote agro forestry. vi) Wetlands Feeder roads burning and fires. vi) vii) Locate sub- management and Soil conservation and natural resources management. Protection of projects at far/safe small irrigation development. Basic and required training at State and local community levels. roadsides by planting distances from vii) Protect sensitive ecosystems Ensure that these services are equitably distributed throughout of vegetation. vii) water points and such as forests and wetlands, the districts and that access is open to all ethnic groups Protection of outlet of sources. viii) prevent further encroachment in irrespective of status. iii) Ensure that vulnerable groups in sub- drainage canals and Increase public protected areas. project areas are included in project activities and benefit from culverts to avoid awareness. viii) Enforce existing laws. ix) decision-making and implementation. iv) Provide employment clogging of river Locate sub-projects appropriately. x) opportunities during drains. viii) Prepare Training of communities of contracting of Civil works an effective sustainable uses of resources. xi) e.t.c and sustainable Identify certain species of trees and maintenance plan. animals that must be protected. xii) Exclude ecosystems that provided and important habitat for protected species. xiii)Establish buffer zones around protected parks and wetlands 110 Con • Construction in dry season. Protection of soil surfaces during construction. stru • Adequate protection from livestock entry by fencing the site perimeters. ctio • Employ all unskilled labour from local community and semi-skilled labour first from local community when available there in. n • Source goods and services from local districts first, when available. • Control and daily cleaning at construction sites. • Provision of adequate waste disposal services including proper disposal of chemicals and other hazardous materials. • Dust control by water, appropriate design and siting, restrict construction to certain times. • Appropriate and suitable storage of building materials on site. • Siting of Latrines at safe distances from wells and other water points and using closed systems for sewage drainage. • Restrict construction to certain hours • Minimize loss of natural vegetation during construction; alternative sites; various special measures for sensitive species • Restoration of vegetation; cleanup of construction sites. • Safety designs (signage) • Ensure availability of clean potable water for use in latrines, canteens and for drinking. • Use of appropriate building materials. No asbestos etc Day • Use facilities/infrastructure as designed and as intended. to • Employ trained staff to man and secure facilities. Day • Log and report any damages done and repairs needed. Oper • Perform periodic monitoring of all aspects as contained in the sub-project Environmental and Social Monitoring Plan. ation s Maint • Prepare and adopt suitable maintenance plan. enan • Maintain appropriate budget necessary to implement maintenance plan. ce • Implement maintenance plan in two stages: for activities requiring day-to-to maintenance such as repairs to damages done, regular inspections etc and longer/periodic term maintenance. • Have suitably trained staff to carry out maintenance and access to materials/goods/equipment. 111 ANNEX 9: Gender Mainstreaming and Vulnerability Assessment - Indicative Framework for Assessing and Mainstreaming Gender Concerns Preamble Nigeria made several commitments to ensuring that gender issuesare not only a part of the national discourse but also that they are integrated into policies and development programs. These commitments are contained in frameworks such as the Vision 20:2020 Plan, the National gender Policy and the United Nations’ MDGs framework. To this end and as part of project preparation, a gender study and consultations with communities should be conducted to assess the challenges and opportunities for the mainstreaming of gender concerns in the project Objective 1. Ascertain how to promote women’s participation in the project and in particular activities. 2. Determine under what conditions women could participate in the community-based activities. As part of project preparation, a gender study and consultations with communities should be conducted to assess the challenges and opportunities for the mainstreaming of gender concerns in the project Focus/Scope of the Study In particular, the study should provide information on: - Women’s needs: aims to assess women’s transport needs and identify ways to address such needs, including during subproject selection. - Women’s voice in community consultation: aims to identify mechanisms to ensure women’s preferences are reflected in community consultations, whether for consultations on social safeguards or subproject selection. - Women’s participation in community-based maintenance: aims to identify context-specific entry points and mechanisms (e.g. quotas) for women’s participation in the maintenance of rehabilitated infrastructure such as roads. - Project impact on women’s livelihoods: recommend indicators or give indications on sex-disaggregation of existing indicators to reflect the project direct and indirect impact on women’s livelihoods. 112 Annex 10 Protection of Cultural Property 1. Cultural property include monuments, structures, works of art, or sites of significance points of view, and are defined as sites and structures having archaeological, historical, architectural, or religious significance, and natural sites with cultural values. This includes cemeteries, graveyards and graves. 2. The initial phase of the proposed emergency reconstruction operations pose limited risks of damaging cultural property since projects will largely consist of small investments in community infrastructure, reconstruction of existing structures, and minor public works. Nevertheless, the following procedures for identification, protection from theft, and treatment of discovered artifacts should be followed and included in standard bidding documents as provided in Annex 15. . Chance Find Procedures 3. Chance find procedures will be used as follows: (a) Stop the construction activities in the area of the chance find; (b) Delineate the discovered site or area; (c) Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities and the Ministry in charge of Department of Archaeology and Museums take over; (d) Notify the supervisory Engineer who in turn will notify the responsible local authorities and the Ministry of Culture immediately (within 24 hours or less); (e) Responsible local authorities and the Ministry in charge of Department of Archaeology and Museums would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archeologists of the Department of Archaeology and Museums (within 72 hours). The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; (f) Decisions on how to handle the finding shall be taken by the responsible authorities and the Ministry in charge of Department of Archaeology and Museums. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage; (g) Implementation for the authority decision concerning the management of the finding shall be communicated in writing by the Ministry in charge of Department of Archaeology and Museums; and (h) Construction work could resume only after permission is given from the responsible local authorities and the Ministry in charge of Department of Archaeology and Museums concerning safeguard of the heritage 4. These procedures must be referred to as standard provisions in construction contracts, when applicable, and as proposed in Annex 11. During project supervision, the Site Engineer shall monitor the above regulations relating to the treatment of any chance find encountered are observed. 5. Relevant findings will be recorded in World Bank Project Supervision Reports (PSRs), and Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project’s cultural property mitigation, management, and activities, as appropriate. 113 ANNEX 11: Details of Public Consultations Public Consultation th This meeting commenced at 2.15pm and was held at the palace of the traditional ruler of Odo-Ape on the 16 of August 2014. The forum was a rallying point for all the social groups, community heads and interest groups that had been previously consulted on the project. A total of 61 persons attended the meeting including stakeholders as follows: 1. Odo-Ape community, 2. Ape community 3. Agbadu community 4. Bassa camp 5. Fulani representative 6. Ebira representative 7. Federal ministry of agriculture 8. Kogi ADP 9. Kogi Fadama 10. Ministry of Health Introduction Chief Awoniyi introduced the essence of the meeting followed by self-introduction of persons. Interactions on the triggered safeguards instruments took place with the different consultants preparing RPF, ESMF and IPMP. Presented in this RPF however, are the interactions that focused on the OP 4.12 (involuntary resettlement). The consultant preparing RPF thanked the leadership and entire community for their cooperation and response to the call for community consultation. He reiterated the essence of the project in the Alape community in which he stated that the project in the area is to provide a model SCPZ that would be replicated in the other proposed SCPZ zones in the country. The success factors for the project include robust stakeholder participation and synergy. He stated that the RPF is an important document that will describe the process and methods for carrying out resettlement under the Project, including compensation, relocation and rehabilitation of project affected persons, pointing out that careful handling of social and legacy issues is important to avert crises that may affect project sustainability; this underscores the need for social profiling of the community. He specifically stated that the team is in the community to hear from, learn and deliberate with the community to elicit useful information that will be mainstreamed into the project planning and the sub-projects RAP that will be taking in the near future. Following this explanations, the consultant enjoined the people to ask questions and make contributions as much as possible. The questions and interactions took off as follows: Question Response Response by What is the perception of the Well received. Community leaders, community about the project? women and youths Has there been conflicts relating to No Community the land where SCPZ is being sited Do women have equal rights as men Yes Elders, Women & in agricultural participation and community community decision makings? What is the population of the 3 project Agbadu: 50,000, Odo-Ape: 30,000 and Ape: Oba of Odo-Ape & affected communities? 30,000 community What are the key means of livelihood 100% of the people practice farming. Other Community in this community? activities are trading and hunting. Means of transportation/movement Car, motor-cycle and by foot (trekking) Community What are the forms of cooperative Women farmers association and youth farmers Community societies in the locality? association Are there herdsmen? Yes, but mainly Fulani migrant herdsmen. Community Has there been youth migration Yes. Youths of the community have migrated Oba of Odo-Ape & to the city in search of greener pasture, but community much more, people from other communities have migrated into the community because of the farming opportunities available and the hospitality of the community towards visitors Expectation from the project? Water, electricity, road construction, employment, hospital. 114 ANNEX 11: Details of Public Consultations Commitment of the community to Cooperation to contractors and investors, community project implementation provision of security and other assistances that may be required CONCERNS, EXPECTATIONS AND ANSWERS Community concerns - kabba-bunu Projec Issues Group/ Details t Area Organization Concerns & Communities,  Can the investments/factories be spread across all the Questions Women, communities in Alape to ensure no one community is Youth marginalized  Will this project provide employment for our teaming youths and women?  Will government and investor ensure the community that waste/effluents from the processing factory will be treated and handled in a manner that will not cause air pollution in the area  Will the project provide scholarship opportunity for the students in the community? Responses to  The factories will be located at one location for ease of Questions and operation as is the practice in SCPZ’s around the Concerns globe.  Geographical spread of investment will be achieved as more investors will be attracted to the ABIR.  The project will not promise scholarship but may train groups that will be identified for project implementation and RAP in particular; Kabba-Bunu (Odo-Ape, Kabba, Agbadu, Eshi, Ilegun, )  Waste and effluents from the processing factory will be treated and disposed in line with the provisions of OP 4.01 and the Nigerian extant laws.  Ministry of Environment is a stakeholder in this project to monitor and ensure compliance of environmental responsibility and sustainability Expectations and Community Water, electricity, road construction, employment, hospital. Request They want the project to create a 2km radius along the main road as buffer for the community They requested that the investor (Cargill should locate the processing factory within Alape land and at close distance to settlement to enhance community socio-economic network Women & Want the project to give the community preference in job Youths employment and contracts Want to be assisted with inputs and technical support to participate commensurably in the Cargill farm plan Fulani Want to be integrated into the project stream by creating for herdsmen them a grazing reserve area, and by giving them employment as security personnel Ebira Want to be carried along/participate in the agri-investment settlement programme of Cargill FADAMA III ADF Items Description Name of Stakeholder: FADAMA III ADF Date: 01/08/2014 Present: See Attendance list Venue: FADAMA III office, Lokoja 115 ANNEX 11: Details of Public Consultations Language of Communication: English and Yoruba Opening Remarks: The FADAMA State Project Coordinator, Mr PSF Ogunmola gave the welcome address and opening remarks; Thereafter, the ESMF consultant introduced his team and the reason for their visit to the FADAMA office. Stakeholder Remarks: History The Alape SCPZ/ABIR project Involvement of FADAMA III ADF The Concerned communities FADAMA’s activities in these communities Contacts of important stakeholders AGBADU TOWN Items Description Name of Stakeholder: Agbadu Town, Kabba-Bunu LGA Date: 02/08/2014 Present: See Attendance list Venue: Palace of Obajemu of Agbadu Town Language of Communication: English and Yoruba Opening Remarks: Chief Ehalaiye (Kogi State Ministry of Agriculture Desk Officer) gave the welcome address and opening remarks; He also introduced the Consultant to the traditional rulers, women leaders, youth leaders and other members of the communities present; The ESMF consultant thereafter elaborated on the essence of the ESMF; Questions from the consultant and the Perception of the community about the project response from the community Well received. members: Knowledge of the project concept and benefits They indicated that they have been well informed about the project by the agencies and consultants coming for different related studies. They noted that based on their understanding the project is to improve the way farming is practiced, bring employment to women and youths, and improve farmers opportunities Perceived environmental and social impact Maintenance of the 1 kilometer buffer zone between the SCPZ/ABIR and the community Enhanced afforestation to cover for the large scale deforestation in the establishment of the nucleus farm and processing plants. First consideration should be given to the indigenes of the community in terms of employment before any others since they are the most affected. Queries and Concerns Anxiety on the quick completion of the land acquisition process and importantly on compensation payment. Expectations on the benefits of the project ODO-APE TOWN Items Description Name of Stakeholder: Odo-Ape Community, Kabba-Bunu LGA Date: 01/08/2014 Present: See Attendance list Venue: Obaro of Odo-Ape Palace Language of Communication: English and Yoruba Opening Remarks: (Kogi State Ministry of Agriculture Desk Officer) gave the welcome address and opening remarks; He also introduced the Consultant to the traditional rulers, women leaders, youth leaders and other members of the communities 116 ANNEX 11: Details of Public Consultations present; The ESMF consultant thereafter elaborated on the essence of the ESMF Questions from the consultant and the Perception of the community about the project response from the community Well received. members: Knowledge of the project concept and benefits They indicated that they have been well informed about the project by the agencies and consultants coming for different related studies. They noted that based on their understanding the project is to improve the way farming is practiced, bring employment to women and youths, and improve farmers opportunities Perceived environmental and social impact The need to locate important sections of the processing zone in their community. This is to enable the engagement of the indigenes of the community in the project. The SCPZ/ABIR is located on their land so they must benefit more. Queries and Concerns The proposed farming system which does not make use of ridges will potentially lead to soil erosion as is presently being experienced on the pilot cassava farm. JOINT TOWN HALL MEETING Items Description Name of Stakeholder: General Stakeholders Consultation, Date: 16/08/2014 Present:  Project Coordinator  Traditional ruler and inhabitants of Odo-Ape community,  Traditional ruler and inhabitants of Agbadu community  Rep of Traditional ruler and inhabitants of Ape community  Inhabitants of Bassa camp  Ebira settlers  Rep of Federal Ministry of Agriculture  Rep of Kogi ADP  Rep of KogiFadama III ADF  Consultants for ESMF, RPF and IPMP Venue: Obaro of Odoape’s Palace Language of Communication: English/Yoruba Opening Remarks: Chief Awoniyi gave the welcome address and opening remarks; Chief Ehalaiye (Kogi State Ministry of Agriculture Desk Officer) introduced the Consultant, the traditional rulers, women leaders, youth leaders and the other members of the project affected communities present; The ESMF consultant thereafter elaborated on the essence of the ESMF; Questions from the consultant Perception of the community about the project and the response from the Well received. community members: Knowledge of the project concept and benefits The agencies and consultants coming for different related studies have explained that the project is to improve the way farming is practiced, bring employment to women and youths, and improve farmers opportunities The Soil Condition Good but susceptible to erosion The Air Condition Unpolluted and Natural air condition Water condition and accessibility The available water is good for consumption and are got from boreholes and wells in the community Available water source  Odo-Ape 10 boreholes but 1 functional  Agbadu 1 functional borehole  Ape 4 boreholes but none functional 117 ANNEX 11: Details of Public Consultations The major ailment in the area Malaria Available health care facilities  Odo-Ape 1 dispensary center  Agbadu 1 health center  Ape 1 dispensary center Available educational facilities  Odo-Ape 2 pry, 1 UBE, 1Sec  Agbadu 1 pry  Ape 1 pry, 1 UBE Available communication facilities The major networks available includes;  Mtn,  Glo,  Airtel,  Etisalat Queries and Concerns  The proposed farming system which does not make use of ridges will potentially lead to soil erosion as is presently being experienced on the pilot cassava farm.  The proposed farming system will also lead to surface water pollution coming from water erosion with herbicides and pesticides applied on the farm into Oinye River 118 ANNEX 12: Details of Public Consultations – Photos in Kogi State Group Picture taken after the joint public consultation with the representatives of Group Picture taken after consultation with women leaders of the three the three affected communities affected communities Group Picture taken at project site after FGD Group Picture taken after consultation with the leaders of Agbadu community 119 Group Picture taken after consultation with the Kogi FADAMA officials Group Picture taken after consultation with the leaders of Odoape community Group Picture taken during consultation with the people Group Picture taken after consultation with PAP in Group Picture taken after consultation with the leaders of Iresuare community Okehi LGA of Oshokoshoko/Iwaa community 120 Annex 13 Public Participation in Project Cycle Project Cycle ESIA Component Public Participation Activity Pre-Feasibility Environmental and Social Identifies public groups and begins initial contact with Screening groups. Initial Environmental Continue consultations – public provides input to IEE Examination (IEE) report. Scoping Identifies major issues for Scoping and TOR using public input and makes plan for public involvement. Feasibility Environmental and Social The public reviews and comments on draft ESIA study Impact report. The public provides input to design and survey. Assessment (ESIA) Detailed Survey Integration of Environmental Detailed design made available to the public. and Design Mitigation Measures Construction and Environmental and Social The public provides input to post evaluation of impacts Operation Monitoring and mitigation measures. 121 Annex 14: Grievance Registration Form THIRD PARTY GRIEVANCE FORM COMPLAINANT DETAILS Complainant’s name (Or name of a representative for complainant/s) Land parcel number (if applicable) Complainant’s postal address Complainant’s telephone number and e-mail address (if available) Preferred language of communication Complainant confidentiality ☐ I wish to raise my grievance anonymously ☐ I request that my identity is not disclosed to anyone internally except the grievance coordinator handling my case I would prefer if the personnel contacting me is: ☐ male, ☐ female, ☐ gender does not matter GRIEVANCE DETAILS Date : Description of incident details (what happened? when? how? where? quantities?) Severity ☐ One time incident/grievance (date _______________) ☐ Recurring (how many times? _____) ☐ On-going (currently experiencing problem) Complainant’s request/proposal to resolve grievance (Please explain what should be done to solve this problem?) Grievance type (environment, human rights, livelihood, health, legal, property, corruption) Level of damage: ☐low ☐medium ☐ high Additional documentation related to grievance Verbal Complaint If complainant is verbal and in the case that the compliant cannot read or write, the environmental and social specialist will help to write it down. 122 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors 1. Environmental Code of Conduct for Infrastructure Development Environment SN Potential Impact Codes of Conduct al Issue Pre-construction/Construction Phase  Road alignment may pass through cultivated and forested land resulting in a permanent loss of the  Plan infrastructure such as road alignment to resources. minimize loss of resources. 1 Land Use   Avoid width of infrastructure such as road of While the landowner has to part more than 4.5 m in hilly area. away with his land ownership, the  Demarcate RoW to avoid encroachment. environmental effects can amplify if proper operation and maintenance schedules are overruled.  Excess extraction of local resources, such as wood, sand, soil, boulders, etc.  Extract materials only on need basis.  Degradation of forests, erosion and 2 Material Use  Avoid sensitive areas, such as steep slopes landslide at steep locales due to and water-ways. boulder, stone extraction.  Change in river/stream ecosystem due to unchecked sand extraction.  Extract carefully and secure the top soil within  Extraction of forest products and 25 cm from the surface. cutting of trees in the steep slopes  Limit down grading of the infrastructure such increases soil erosion/landslide as road to 50. due to loss of soil binding  If down grading exceeds 70, construction of materials. side drainage is necessary. Slope 3  Wrong alignment can trigger slope  Keep optimum balance in extraction and filling Stability failure of soil works.  Haphazard disposal of construction  geo-hazardous assessment and mapping waste can disturb slopes  Use designated disposal site and avoid  Improper drainage facilities can sidecasting of spoil result in erosion and landslides  Provide proper drainage  Use bio-engineering on exposed slopes  Avoid as much as possible areas with high  Wildlife habitats at forests, shrub biodiversity. land along infrastructure such as  Efficient movement of machinery and other road alignment are affected from traffic. the infrastructure such as road  Control poaching activities and regulate 4 Wildlife construction activities. movement of labor force and their dependents  Wildlife and human conflicts into the forest area. increase as wildlife might destroy  District Forest Office and its subsidiary body the crops or attack the construction should be involved in monitoring the activities of worker. the construction workers and officials to minimize wildlife harassing, trapping and poaching.  Higher flow rate of surface water  It is strongly recommended that the cross and water logging induce land drainage outlets must be channeled to the slides, erosion. 5 Drainage confirmed natural drains.  Quality of infrastructure such as  If horizontal slope exceeds 5%, construction road diminishes due to poor of flow control device necessary every 20m. drainage such as water logging, 123 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors immense flow rate of surface water.  Use minimum and efficient use of wood  Protected areas and highly products for construction. forested areas.  Initiate plantation at damaged and damage Protection of 6  Degradation of forest areas. prone areas. Vegetation  Degradation of agricultural land.  Increase liability of local forest user groups.  Avoid protected areas or densely forested areas  Selected spoil dumping sites should be used.  After disposal, the area should be leveled and compacted. Disposal of  Dumping of wastes along the  It is recommended to conserve the soil by 7 Construction infrastructure such as road or planting indigenous plants including grasses. Wastes elsewhere.  Wastes could also be used as leveling materials along the infrastructure such as roadside. Disposal of  Unmanaged sanitary waste  Proper sanitation area needs to be demarked. 8 Sanitary disposal creating health problems  Check for hygiene of work force. Wastes and public nuisance. Impacts on  Infrastructure such as road  Avoid as much as possible the crossing over 9 amenities crossings at water supply, irrigation such amenities. along RoW lines may be disturbed/damaged.  Dust generation from construction  Possibly construction period should be during activities, construction vehicular August to December when soil moisture content movement increases air pollution. is most.  Noise pollution likely from  Consider construction of infrastructure such 10 Pollution construction machinery operation as road at 50 m from settlement. and vehicular movement.  Enforce speed limit of vehicles and construct  Sanitary problems likely at the the infrastructure such as road according to construction and workforce volume and size of traffic movement. quarters. Operation Phase Encroachme  Unmanaged settlement, 1  Establish RoW properly and enforce its limits. nt construction along the RoW.  Cross drain structures, namely pipe culverts, slab culverts, box culverts, need to be Interruption  Concentrated flow left unattended maintained. of Water might have severe impact at the  Outlet of these structures would be carrying 2 Flow along downhill alignment of the the concentrated run off flow of the respective RoW infrastructure such as road. catchment, which will be quite high during rainy season, which in turn would require proper planning of drainage systems.  Dust generation from vehicular Pollution/Vehi  Enforce speed limit of vehicles. movement increases air pollution. 3 cular  Maintain traffic size movement.  Noise pollution likely from vehicular Emission  Discourage use of horns. movement.  Infrastructure such as road construction is likely to increase  Such damage cannot be avoided but can be landscape scars along the 4 Aesthetics minimized through re-plantation of indigenous infrastructure such as road species and greenery development. alignment.  In addition if the construction spoils 124 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors are disposed off improperly, the ground vegetation would be destroyed which will be visible from a distance. ANNEX 15-2: General Environmental Management Conditions For Construction Contracts General 1. In addition to these general conditions, the Contractor shall comply with any specific Environmental Management Plan (EMP) or Environmental and Social Management Plan (ESMP) for the works he is responsible for. The Contractor shall inform himself about such an EMP, and prepare his work strategy and plan to fully take into account relevant provisions of that EMP. If the Contractor fails to implement the approved EMP after written instruction by the Supervising Engineer (SE) to fulfil his obligation within the requested time, the Owner reserves the right to arrange through the SE for execution of the missing action by a third party on account of the Contractor. 2. Notwithstanding the Contractor’s obligation under the above clause, the Contractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore work sites to acceptable standards, and abide by any environmental performance requirements specified in an EMP. In general these measures shall include but not be limited to: (a) Minimize the effect of dust on the surrounding environment resulting from earth mixing sites, asphalt mixing sites, dispersing coal ashes, vibrating equipment, temporary access infrastructure such as roads, etc. to ensure safety, health and the protection of workers and communities living in the vicinity dust producing activities. (b) Ensure that noise levels emanating from machinery, vehicles and noisy construction activities (e.g. excavation, blasting) are kept at a minimum for the safety, health and protection of workers within the vicinity of high noise levels and nearby communities. (c) Ensure that existing water flow regimes in rivers, streams and other natural or irrigation channels is maintained and/or re-established where they are disrupted due to works being carried out. (d) Prevent bitumen, oils, lubricants and waste water used or produced during the execution of works from entering into rivers, streams, irrigation channels and other natural water bodies/reservoirs, and also ensure that stagnant water in uncovered borrow pits is treated in the best way to avoid creating possible breeding grounds for mosquitoes. (e) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building of temporary construction camps and access infrastructure such as roads on the biophysical environment including protected areas and arable lands; local communities and their settlements. In as much as possible restore/rehabilitate all sites to acceptable standards. (f) Upon discovery of ancient heritage, relics or anything that might or believed to be of archaeological or historical importance during the execution of works, immediately report such findings to the SE so that the appropriate authorities may be expeditiously contacted for fulfilment of the measures aimed at protecting such historical or archaeological resources. (g) Discourage construction workers from engaging in the exploitation of natural resources such as hunting, fishing, collection of forest products or any other activity that might have a negative impact on the social and economic welfare of the local communities. (h) Implement soil erosion control measures in order to avoid surface run off and prevents siltation, etc. (i) Ensure that garbage, sanitation and drinking water facilities are provided in construction workers camps. (j) Ensure that, in as much as possible, local materials are used to avoid importation of foreign material and long distance transportation. (k) Ensure public safety, and meet traffic safety requirements for the operation of work to avoid accidents. 3. The Contractor shall indicate the period within which he/she shall maintain status on site after completion of civil works to ensure that significant adverse impacts arising from such works have been appropriately addressed. 125 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors 4. The Contractor shall adhere to the proposed activity implementation schedule and the monitoring plan / strategy to ensure effective feedback of monitoring information to project management so that impact management can be implemented properly, and if necessary, adapt to changing and unforeseen conditions. 5. Besides the regular inspection of the sites by the SE for adherence to the contract conditions and specifications, the Owner may appoint an Inspector to oversee the compliance with these environmental conditions and any proposed mitigation measures. State environmental authorities may carry out similar inspection duties. In all cases, as directed by the SE, the Contractor shall comply with directives from such inspectors to implement measures required to ensure the adequacy rehabilitation measures carried out on the bio-physical environment and compensation for socio-economic disruption resulting from implementation of any works. Worksite/Campsite Waste Management 6. All vessels (drums, containers, bags, etc.) containing oil/fuel/surfacing materials and other hazardous chemicals shall be bunded in order to contain spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed off at designated disposal sites in line with applicable government waste management regulations. 7. All drainage and effluent from storage areas, workshops and camp sites shall be captured and treated before being discharged into the drainage system in line with applicable government water pollution control regulations. 8. Used oil from maintenance shall be collected and disposed off appropriately at designated sites or be re-used or sold for re-use locally. 9. Entry of runoff to the site shall be restricted by constructing diversion channels or holding structures such as banks, drains, dams, etc. to reduce the potential of soil erosion and water pollution. 10. Construction waste shall not be left in stockpiles along the infrastructure such as road, but removed and reused or disposed of on a daily basis. 11. If disposal sites for clean spoil are necessary, they shall be located in areas, approved by the SE, of low land use value and where they will not result in material being easily washed into drainage channels. Whenever possible, spoil materials should be placed in low-lying areas and should be compacted and planted with species indigenous to the locality. Material Excavation and Deposit 12. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operate quarries or borrow areas. 13. The location of quarries and borrow areas shall be subject to approval by relevant local and national authorities, including traditional authorities if the land on which the quarry or borrow areas fall in traditional land. 14. New extraction sites: a) Shall not be located in the vicinity of settlement areas, cultural sites, wetlands or any other valued ecosystem component, or on on high or steep ground or in areas of high scenic value, and shall not be located less than 1km from such areas. b) Shall not be located adjacent to stream channels wherever possible to avoid siltation of river channels. Where they are located near water sources, borrow pits and perimeter drains shall surround quarry sites. c) Shall not be located in archaeological areas. Excavations in the vicinity of such areas shall proceed with great care and shall be done in the presence of government authorities having a mandate for their protection. d) Shall not be located in forest reserves. However, where there are no other alternatives, permission shall be obtained from the appropriate authorities and an environmental impact study shall be conducted. e) Shall be easily rehabilitated. Areas with minimal vegetation cover such as flat and bare ground, or areas covered with grass only or covered with shrubs less than 1.5m in height, are preferred. 126 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors f) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing. 15. Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall not be done more than two months in advance of operations. 16. Stockpile areas shall be located in areas where trees can act as buffers to prevent dust pollution. Perimeter drains shall be built around stockpile areas. Sediment and other pollutant traps shall be located at drainage exits from workings. 17. The Contractor shall deposit any excess material in accordance with the principles of the general conditions, and any applicable EMP, in areas approved by local authorities and/or the SE. 18. Areas for depositing hazardous materials such as contaminated liquid and solid materials shall be approved by the SE and appropriate local and/or national authorities before the commencement of work. Use of existing, approved sites shall be preferred over the establishment of new sites. Rehabilitation and Soil Erosion Prevention 19. To the extent practicable, the Contractor shall rehabilitate the site progressively so that the rate of rehabilitation is similar to the rate of construction. 20. Always remove and retain topsoil for subsequent rehabilitation. Soils shall not be stripped when they are wet as this can lead to soil compaction and loss of structure. 21. Topsoil shall not be stored in large heaps. Low mounds of no more than 1 to 2m high are recommended. 22. Re-vegetate stockpiles to protect the soil from erosion, discourage weeds and maintain an active population of beneficial soil microbes. 23. Locate stockpiles where they will not be disturbed by future construction activities. 24. To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired. 25. Remove toxic materials and dispose of them in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute groundwater and soil. 26. Identify potentially toxic overburden and screen with suitable material to prevent mobilization of toxins. 27. Ensure reshaped land is formed so as to be inherently stable, adequately drained and suitable for the desired long-term land use, and allow natural regeneration of vegetation. 28. Minimize the long-term visual impact by creating landforms that are compatible with the adjacent landscape. 29. Minimize erosion by wind and water both during and after the process of reinstatement. 30. Compacted surfaces shall be deep ripped to relieve compaction unless subsurface conditions dictate otherwise. 31. Revegetate with plant species that will control erosion, provide vegetative diversity and, through succession, contribute to a resilient ecosystem. The choice of plant species for rehabilitation shall be done in consultation with local research institutions, forest department and the local people. Water Resources Management 32. The Contractor shall at all costs avoid conflicting with water demands of local communities. 33. Abstraction of both surface and underground water shall only be done with the consultation of the local community and after obtaining a permit from the relevant Water Authority. 34. Abstraction of water from wetlands shall be avoided. Where necessary, authority has to be obtained from relevant authorities. 35. Temporary damming of streams and rivers shall be done in such a way avoids disrupting water supplies to communities down stream, and maintains the ecological balance of the river system. 36. No construction water containing spoils or site effluent, especially cement and oil, shall be allowed to flow into natural water drainage courses. 37. Wash water from washing out of equipment shall not be discharged into water courses or infrastructure such as road drains. 38. Site spoils and temporary stockpiles shall be located away from the drainage system, and surface run off shall be directed away from stockpiles to prevent erosion. Traffic Management 39. Location of access infrastructure such as roads/detours shall be done in consultation with the local 127 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors community especially in important or sensitive environments. Access infrastructure such as roads shall not traverse wetland areas. 40. Upon the completion of civil works, all access infrastructure such as roads shall be ripped and rehabilitated. 41. Access infrastructure such as roads shall be sprinkled with water at least five times a day in settled areas, and three times in unsettled areas, to suppress dust emissions. Blasting 42. Blasting activities shall not take place less than 2km from settlement areas, cultural sites, or wetlands without the permission of the SE. 43. Blasting activities shall be done during working hours, and local communities shall be consulted on the proposed blasting times. 44. Noise levels reaching the communities from blasting activities shall not exceed 90 decibels. Disposal of Unusable Elements 45. Unusable materials and construction elements such as electro-mechanical equipment, pipes, accessories and demolished structures will be disposed of in a manner approved by the SE. The Contractor has to agree with the SE which elements are to be surrendered to the Client’s premises, which will be recycled or reused, and which will be disposed of at approved landfill sites. 46. As far as possible, abandoned pipelines shall remain in place. Where for any reason no alternative alignment for the new pipeline is possible, the old pipes shall be safely removed and stored at a safe place to be agreed upon with the SE and the local authorities concerned. 47. AC-pipes as well as broken parts thereof have to be treated as hazardous material and disposed of as specified above. 48. Unsuitable and demolished elements shall be dismantled to a size fitting on ordinary trucks for transport. Health and Safety 49. In advance of the construction work, the Contractor shall mount an awareness and hygiene campaign. Workers and local residents shall be sensitized on health risks particularly of AIDS. 50. Adequate infrastructure such as road signs to warn pedestrians and motorists of construction activities, diversions, etc. shall be provided at appropriate points. 51. Construction vehicles shall not exceed maximum speed limit of 40km per hour. Repair of Private Property 52. Should the Contractor, deliberately or accidentally, damage private property, he shall repair the property to the owner’s satisfaction and at his own cost. For each repair, the Contractor shall obtain from the owner a certificate that the damage has been made good satisfactorily in order to indemnify the Client from subsequent claims. 53. In cases where compensation for inconveniences, damage of crops etc. are claimed by the owner, the Client has to be informed by the Contractor through the SE. This compensation is in general settled under the responsibility of the Client before signing the Contract. In unforeseeable cases, the respective administrative entities of the Client will take care of compensation. Contractor’s Environment, Health and Safety Management Plan (EHS-MP) 54. Within 6 weeks of signing the Contract, the Contractor shall prepare an EHS-MP to ensure the adequate management of the health, safety, environmental and social aspects of the works, including implementation of the requirements of these general conditions and any specific requirements of an EMP for the works. The Contractor’s EHS-MP will serve two main purposes:  For the Contractor, for internal purposes, to ensure that all measures are in place for adequate EHS management, and as an operational manual for his staff.  For the Client, supported where necessary by a SE, to ensure that the Contractor is fully prepared for the adequate management of the EHS aspects of the project, and as a basis for monitoring of the Contractor’s EHS performance. 55. The Contractor’s EHS-MP shall provide at least:  a description of procedures and methods for complying with these general environmental management 128 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors conditions, and any specific conditions specified in an EMP;  a description of specific mitigation measures that will be implemented in order to minimize adverse impacts;  a description of all planned monitoring activities (e.g. sediment discharges from borrow areas) and the reporting thereof; and  the internal organizational, management and reporting mechanisms put in place for such. 56. The Contractor’s EHS-MP will be reviewed and approved by the Client before start of the works. This review should demonstrate if the Contractor’s EHS -MP covers all of the identified impacts, and has defined appropriate measures to counteract any potential impacts. EHS Reporting 57. The Contractor shall prepare bi-weekly progress reports to the SE on compliance with these general conditions, the project EMP if any, and his own EHS-MP. An example format for a Contractor EHS report is portrayed in Annex 6. It is expected that the Contractor’s reports will include information on:  EHS management actions/measures taken, including approvals sought from local or national authorities;  Problems encountered in relation to EHS aspects (incidents, including delays, cost consequences, etc. as a result thereof);  Lack of compliance with contract requirements on the part of the Contractor;  Changes of assumptions, conditions, measures, designs and actual works in relation to EHS aspects; and  Observations, concerns raised and/or decisions taken with regard to EHS management during site meetings. 58. It is advisable that reporting of significant EHS incidents be done “as soon as practicable”. Such incident reporting shall therefore be done individually. Also, it is advisable that the Contractor keep his own records on health, safety and welfare of persons, and damage to property. It is advisable to include such records, as well as copies of incident reports, as Annexes to the bi-weekly reports. A sample format for an incident notification is shown below. Details of EHS performance will be reported to the Client through the SE’s reports to the Client. Training of Contractor’s Personnel 59. The Contractor shall provide sufficient training to his own personnel to ensure that they are all aware of the relevant aspects of these general conditions, any project EMP, and his own EHS-MP, and are able to fulfil their expected roles and functions. Specific training should be provided to those employees that have particular responsibilities associated with the implementation of the EHS-MP. General topics should be:  EHS in general (working procedures);  emergency procedures; and  social and cultural aspects (awareness raising on social issues). Cost of Compliance 60. It is expected that compliance with these conditions is already part of standard good workmanship and state of art as generally required under this Contract. The item “Compliance with Environmental Management Conditions” in the Bill of Quantities covers this cost. N o other payments will be made to the Contractor for compliance with any request to avoid and/or mitigate an avoidable EHS impact. 3. Example Format: EHS Report Contract: Period of reporting: EHS Management Actions/Measures: Summarize EHS management actions/measures taken during period of reporting, including planning and management activities (e.g. risk and impact assessments), EHS training, specific design and work measures taken, etc. EHS incidents: Report on any problems encountered in relation to EHS aspects, including its consequences (delays, costs) and corrective measures taken. Include relevant incident reports. 129 ANNEX 15: Indicative Environmental Code of Conduct and Clauses for Contractors EHS compliance: Report on compliance with Contract EHS conditions, including any cases of non-compliance. Changes: Report on any changes of assumptions, conditions, measures, designs and actual works in relation to EHS aspects. Concerns and observations: Report on any observations, concerns raised and/or decisions taken with regard to EHS management during site meetings and visits. Signature (Name, Title Date): Contractor Representative EHS Incident Notification Provide within 24 hrs to the Supervising Engineer Originators Reference No:......................................................................................................... Date of Incident:................................................................. Time:........................ Location of incident:................................................................................................................... Name of Person(s) involved:....................................................................................................... Employing Company:.................................................................................................................... Type of Incident:............................................................................................................................ Description of Incident: Where, when, what, how, who, operation in progress at the time (only factual) Immediate Action: Immediate remedial action and actions taken to prevent reoccurrence or escalation Signature (Name, Title, Date):..................................................................................................... Contractor Representative 130 ANNEX 16: Protocols for Handling Animal Wastes and Principles for Managing Debris Resulting from Rehabilitation of Buildings The REDISSE program is not expected to have any large-scale, significant and/or irreversible impacts as it is focused largely on public sector capacity building and strengthening readiness for dealing with , including prevention of outbreaks of diseases, as well as preventing or reducing possible human infections by strengthening emergency preparedness and response. In addition, the project design incorporates other beneficial measures such as improved biosecurity in farms and live markets. The project’s preventive activities (funding of facilities, equipment, laboratories, procedures, a nd training programs), aimed at improving the effectiveness and safety over the existing practices, will have positive human health and environmental impacts. As such the project is assigned an Environmental Category B. This annex depicts Principles for Managing Debris Resulting from Rehabilitation of Buildings and Protocols for handling Animal wastes. All of these mitigation measures have been incorporated into the design of the project. 1. Protocol for Management of Animal Waste in Nigeria Protocols for management of animal wastes in Nigeria supposedly include guidelines and regulations for control, handling, and disposal of animal wastes including dead carcass in the overall public health and safety. Laws and policies that relate to animal waste in Nigeria only exist in various plethora of policy documents but still uncoordinated in terms of providing national law and enforcement of animal wastes management. Policies and Legislations for Animal Waste Management in Nigeria Animal waste and sanitation as critical as it is to the health of the nation, is yet to receive adequate attention it deserves. Available provisions are concerned with the disposal of carcasses of diseased animals. However, some regulations and policies that provide guidance to animal waste management and upon which this protocol is derived include:  National Policy on the Environment 1999 . The purpose of the National Policy on the Environment is to define a framework for environmental governance in Nigeria.  National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, 2007. This Act established NESREA and charged it with the responsibility of protecting and developing the environment in Nigeria, as well as enforcing all environmental laws, regulations, standards, policies, guidelines and conventions on the environment to which Nigeria is a signatory.  National Environmental and Sanitation Policy (2005). This policy seeks to stimulate, promote and strengthen all government regulations concerned with housing and urban development, food security water supply, sanitation related endemic diseases and illnesses, flood and erosion control, drought control, school health services and environmental education.  Livestock Disposal Manual S.244 of the Criminal Code Act Cap 77 LFN 1990 This Act provides penalty for punishment of any person that indulges in sales and supply of dead carcass of animal for human consumption  National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations, 1991(S.I.No.15). The Regulations make provisions for the handling and management of solid hazardous waste. It defines the objectives of hazardous waste management, the functions of appropriate Governmental agencies and the obligations of industries. It also contains the dangerous waste lists and guidance on the management of spills and discharges into the environment. 131  NationalEnvironmental(SanitationandWastesControl)Regulations,2009.(S.I.No.28) ThepurposeoftheRegulationistheadoptionofsustainableandenvironmentfriendly practicesinenvironmentalsanitationandwastemanagementtominimizepollution. The Instrument amongst others makes provisions for the control of solid wastes, hazardous wastes and effluent discharges. It in addition spells out roles and responsibilities of State and Local Government Authorities.  Public HealthLaw,1958 This provides justificationfortheexecutionofdevelopmentalprojectsunderguidelines that promote health by protecting the environment and safeguarding the humans’ health. The Public Health Laws empower Medical Officers of Health (operating at the local government council, under the supervision of the State and Federal Ministries) to ensure the promotion of good health. Specific Laws on Animal Waste Management in Nigeria Derived from Nigeria’s policies and legislations described in the above section, and on poultry, abattoir effluents and solid waste management in particular as articulated in the National Environmental and Sanitation Policy (2005), and also evidenced in National Environmental Protection (Effluent limitations) Regulations (S.I.8) 1991, the Protocol for Animal Waste Management in Nigeria subsists as follows: Livestock Disposal Manual S.244 of the Criminal Code Act Cap 77 LFN 1990 provides that: Any person who; (1) knowingly takes into a slaughter house for the slaughter of any animal intended for the food of man, the whole or any part of the carcass of any animal which has died of any diseases or(2) knowingly sells the whole or part of the carcass of any animal which has died of any disease or which was diseased when slaughtered is guilty of a misdemeanor and is liable to imprisonment for 2 years. Paragraph (b) of Section 247 of the same code provides that any person who does any act which is, and which he knows or has reason to believe to be likely to spread the infection of any diseases dangerous to life, whether human or animal is guilty of a misdemeanor and is liable to imprisonment to 6 months. Sections 8 of the Animal Diseases (Control) Act Cap 18 LFN 1990 also have a provision that further protects the unsuspecting consumer from access to diseased meat. Subsection (1) of that section provides that: any person having in his charge or under his control any animal infected or suspected to be infected with any of the diseases listed in the first schedule to this Act shall keep such animal separate from other animals not so infested or suspected to be infected and shall forthwith give notice of the fact of the animal being so infected or suspected to be infected to a veterinary officer or the nearest veterinary surgeon or the prescribed officer the LGA. Key components of the protocol - National Environmental and Sanitation Policy (2005), include:  A poultry farm should not be co-located with human settlement – this is with a view to avoiding contacts and emissions of wastes from poultry that can cause pollution and communicable diseases.  There should be regular collection and sanitary disposal of wastes including solid and liquid wastes; Similarly, abattoir operators and slaughters are to strictly comply with the following:  Subject cattle and vicinity to inspection by designated sanitary inspectors before slaughtering  must ensure control of reared and stray of animals;  Must ensure disposal of the dead (man and animals); and  Engage in environmental education and sanitation 2. Protocol for Managing Animal Wastes under the REDISSE Program. Management of wastes generated at the animal laboratory: The project will provide funds in this area to ensure that the infectious wastes-sharps generated at the animal laboratory are properly managed. This involves collection of the infectious wastes-sharps separately from common wastes, on-site treatment of these wastes by autoclaving, and collection of the treated wastes along with garbage by the municipality for disposal. Procurement of another autoclave may become necessary if the existing treatment capacity is exceeded from infectious wastes generated as a result of the analysis of potential specimens/ samples. 132 Response to outbreaks by the veterinarians and livestock officers. The information contained in the Department of Livestock and Fisheries (DLF) manual will be updated for different audiences, including: (i) veterinarians and livestock officers, (ii) the commercial farm owners, (iii) backyard farm owners, and (iv) the general public. The manual for the veterinarians and livestock officers will be presented in the form of Standard Operating Procedures (SOPs). Transportation of animal carcasses and farm wastes (if necessary). If proper measures are not taken, transportation of infected animal carcasses and farm wastes would likely spread the virus outside of the infected farm areas. Under this project, transportation of carcasses and farm wastes to another site for disposal will be avoided to the maximum extent possible. However, if transportation is required, then the SOPs will specify the specific requirements for vehicle design and operation as well as containment of carcasses and farm wastes for transportation. These SOPs will also include decontamination of vehicle surfaces (e.g. tires) prior to exiting the farm. The IATA Regulations for packaging of biological specimen will be adopted and included in the SOPs. Culling of animals/poultry: It is important that culling of animal/poultry be conducted in a humane, safe, and efficient manner. The following methods for culling poultry were identified from the FAO guidelines: (i) neck breaking (manual), (ii) neck cutting (using mechanical devices), (iii) gassing with inhalation agents (e.g. carbon dioxide), and (iv) culling following electrocution or poisoning. The SOPs will specify the criteria for using one versus the other method; and will provide the design and operating requirements on of the gassing systems (e.g. specific locations and quantities of stocked carbon dioxide). Personal hygiene: If proper hygiene measures are not taken, virus may spread to human. For this reason, for each of the above-mentioned activities to be conducted during outbreaks, the SOPs will specify the level of protection (e.g. gloves, masks, overalls, boots) to be used. Selection of disinfectants: It is important that the disinfectants to be selected for the disinfection of farm surfaces, equipment, materials, and wastes do not have adverse impact on human health and the environment. The selection of disinfectants in this project will be based on such criteria as impacts of disinfectants on human health and the environment, and availability and cost of disinfectant, and compatibility of the disinfectants with the disposal methods of the wastes. The selected disinfectant, which will comply with the World Bank’s Pest Management Policy (OP4.09), will be specified in the SOPs. Disinfection of farm surfaces, equipment, materials, and wastes. Based on selected disinfectant, the type of equipment and procedures for preparing (e.g. dilution with water) and applying the disinfectant will be specified in the SOPs. Disposal of carcasses and farm wastes: It is important that the selected disposal method does not have adverse impacts on human and the environment. For example, improper burial practices may cause contamination of ground or surface water, and poorly designed and/or operated cremation or incineration systems may create particulate emissions and objectionable odors to neighbors. The following options for the disposal of animal carcasses and farm wastes were considered: (i) burial in a pit, (ii) open air burning (cremation), (iii) composting, (iv) incineration at a fixed location or mobile incineration. However, criteria will be developed and included in the SOPs for the applicability of this disposal option for specific sites. This criteria will include: (i) height of the water table (the base of the burial pit must be at least 1 meter above the water table), (ii) dry weather conditions (dry season), (iii) distance to watercourses, bores, and wells, (iv) slope of the land at the burial site to the nearest watercourse (drainage to and from the pit), (v) type of soil (or soil permeability), (vi) distance to human settlements and public lands (including roads), (vii) prevailing wind direction (for odor emissions), (viii) availability of space for temporary storage of excavated soil, and (viii) accessibility of burial site by digging equipment (e.g. excavator). For those situations where the burial criteria are not met (wet weather conditions, high water table), the SOPs will specify the most appropriate, environmentally-safe, and cost-effective disposal option The SOPs will provide detailed design (depth of the pit), construction, and operating requirements (how the pit will be filled). 133 Disposal of used PPE: It is important that the selected PPE and disinfectant be compatible with the disposal method of the PPE to avoid generation of hazardous wastes (used PPE will be incinerated). As incineration of chlorine-bearing material with organics might generate emissions of dioxins and furans, care will be exercised in selecting PPE and disinfectants. First of all, all PPE procured under this project will be chlorine-free. In addition, best effort will be made to select a chlorine-free disinfectant. However, if this is not possible, then before incineration, used PPEs will be washed before incineration and the washed water needs to be disinfected and waited before discharge. The SOPs will describe these procedures in detail. Personal hygiene at hospitals: If proper hygiene measures are not taken, epidemics may spread to humans. For this reason, guidelines regarding personal hygiene procedures will be developed at designated reference health facilities. Specifically, for each of the above-mentioned activities to be conducted during disease outbreaks, the SOPs will specify the level of protection (e.g. gloves, masks, overalls, boots) to be used. Healthcare waste management at hospitals to be receiving potentially infected patients: Animal virus may spread to humans if proper waste management measures are not taken at hospitals treating potentially infected patients. Under this project, only designated hospitals will receive infected (or potentially infected) patients. Rehabilitation of existing laboratory: Rehabilitation and refurbishment of existing laboratories will be financed through the REDISSE program. The adverse impacts during rehabilitation would include dust and noise emissions, generation of construction waste, disturbance of traffic, and discharge of untreated sewage. These adverse impacts will be mitigated by including in the construction contract a clause regarding observation of standards for good construction practices. Health laboratory-related personal hygiene measures: If proper hygiene measures are not taken, animal epidemics may spread to humans. For this reason, SOPs will be prepared for the collection, handling, and transportation of suspected specimens to the laboratory as well as handling of these specimens at the laboratory. In addition, PPE will be procured and supplied to the staff collecting, handling, and analyzing the suspected AI specimens. Training and then refresher training courses will be given to the staff on personal hygiene measures. Waste management at the laboratory: Infectious wastes from the serology/virology, bacteriology and toxicology laboratories will be collected separately from the garbage and treated on site by autoclaving. The treated wastes and garbage are stored in an open-top basket and collected by the municipality twice a week for disposal. A consultant will be engaged to identify the quantity of infectious waste generated from the laboratory. The consultant will evaluate alternative options for waste management. The consultant will prepare a waste management plan for the laboratory solid (this plan will address all waste types, including infectious wastes, sharps, liquid wastes, and common wastes). In addition, various supplies (e.g. bins, bags, labels) will be procured. The laboratory staff will be provided training on waste management. Policies and Regulations for Debris and Construction Waste Management in Nigeria Rehabilitation of existing Buildings: Rehabilitation and refurbishment of existing buildings, including laboratories will be financed through the REDISSE program. The adverse impacts during rehabilitation would include dust and noise emissions, generation of construction waste, disturbance of traffic, and discharge of untreated sewage. Others include Sources of construction wastes such as: Waste wood, concrete rubble and tiles, Asbestos materials, Paints, Pesticides, PCBs, Excavated soil piles and demolition debris, Planks, Empty cement and plastic bags, etc. These adverse impacts will be mitigated by including in the construction contract a clause regarding observation of standards for good construction practices. A number of policies, principles and regulations on debris and construction related wastes in Nigeria exist and includes the following: 134 National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, 2007 This Act established NESREA and charged it with the responsibility of protecting and developing the environment in Nigeria, as well as enforcing all environmental laws, regulations, standards, policies, guidelines and conventions on the environment to which Nigeria is a signatory. W1National Environmental (Construction Sector) Regulations, S. I. No. 19 of 2011: The purpose of this Regulation is to prevent and minimize pollution of the Nigerian Environment from the impacting activities of Construction, Decommission and Demolition. National Building Code Regulation (2007) The National Building Code in Nigeria (2007) aside providing sets of regulations that ensure the quality and standards of buildings also provides clauses which parties in building contracts are expected to carry out to ensure health and safety of workers and the public. Construction waste collection and safe disposal is an integral of the health and safety measures in the national building code of Nigeria. Harmful Wastes (Special Criminal Provisions etc.) ActNo.42of 1988. This Actprohibits the carrying, depositing and dumping of harmful waste on any land, territorial w a t e r s a n d m a t t e r s r e l a t i n g t h e r e t o . Specifically, Section 1 o f t h e A c t p r o h i b i t s all activities relating to the purchase, sale, importation, transit, transportation, deposit, storage of harmful wastes. Section 6 of the Act spells out the penalty for offence sunder the Act to include life imprisonment or individual and appropriate punishment for corporate bodies. Description of Protocols on Debris and Construction Waste Management in Nigeria This waste management protocol will follow the standard principles of waste management consistent with the policies and regulations for Debris and Construction Waste Management in Nigeria. The steps shall involve waste minimization, collection, segregation, recycling, and disposal to approved dumpsites. The protocol for debris and construction waste management is a requirement that is aptly contained in the construction contract agreements for sustainable construction project implementation in Nigeria. The responsibility for waste management is that of the developer or project proponent. In a situation where the proponent carries out the construction work through contracting, the responsibility for compliance to the protocols/standards in debris waste management is transferred to the contractor by the proponent and is regulated through the contract agreement, while the proponent monitors the implementation to ensure that the contractor complies fully to the waste management obligations. The protocols are presented as follows: 1) General:  Contractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore worksites to acceptable standards, and abide by any environmental performance requirements specified in an Environmental management plan or in the environmental clause of the contract. In general these measures include but not be limited to:  Minimize the effect of dust on the surrounding environment resulting from earth mixing sites, asphalt mixing sites, dispersing coal ashes, vibrating equipment, temporary access roads, etc. to ensure safety, health and the protection of workers and communities living in the vicinity of dust producing activities.  There should be adequate number of garbage bins and containers made available at strategic areas of the site. The use of plastic bin liners should be encouraged.  Solids, sludge and other pollutants generated as are sult of construction ort hose removed during the course of treatment or control of waste waters will be disposed of in a manner that prevents their director indirect re-entry into any water course or ground waters. 135  Any waste material that is in advertently disposed in or adjacent to watercourses will be removed immediately in a manner that minimizes adverse impacts, and the original drainage pattern should be restored original drainage pattern should be restored. 2) Campsite Waste Management  All vessels (drums,containers,bags,etc.) containing oil/fuel/ surfacing materials and other hazardous chemicals shall be bunded in order to contain spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed off at designated disposal sites in line with applicable government waste management regulations.  All drainage and effluent from storage areas, workshops and camp sites shall be captured andtreatedbeforebeingdischargedintothedrainagesysteminlinewithapplicablegovernmentwaterp ollutioncontrolregulations.  Used oil from maintenance shall be collected and disposed off appropriately at designated sites or be re-used or sold for re-use locally.  Entryofrunofftothesiteshallberestrictedbyconstructingdiversionchannelsorholdingstructuressuchas banks,drains,dams,etc.toreducethepotentialofsoilerosionandwaterpollution.  Constructionwasteshallnotbeleftinstockpilesalongtheroad,butremovedandreusedordisposedofona dailybasis.  Ifdisposalsitesforcleanspoilarenecessary,theyshallbelocatedinareas,approvedbytheSE,oflowlandu sevalueandwheretheywillnotresultinmaterialbeingeasilywashedintodrainagechannels.Wheneve rpossible,spoilmaterialsshouldbeplacedinlow- lyingareasandshouldbecompactedandplantedwithspeciesindigenoustothelocality. 3) New extraction sites:  Shallnotbelocatedinthevicinityofsettlementareas,culturalsites,wetlandsoranyothervaluedecosyste mcomponent,oronhighorsteepgroundorinareasofhighscenicvalue,andshallnotbelocatedlesstha n1kmfromsuchareas.  Shallnotbelocatedadjacenttostreamchannelswhereverpossibletoavoidsiltationofriverchannels.Wh eretheyarelocatednearwatersources,borrowpitsandperimeterdrainsshallsurroundquarrysites.  Shallnotbelocatedinarchaeologicalareas.Excavationsinthevicinityofsuchareasshallproceedwithgre atcautionandshallbedoneinthepresenceofgovernmentauthoritieshavingamandatefortheirprotec tion.  Shallnotbelocatedinforestreserves.However,wheretherearenootheralternatives,permissionshallbe obtainedfromtheappropriateauthoritiesandanenvironmentalimpactstudyshallbeconducted.  Shallbeeasilyrehabilitated.Areaswithminimalvegetationcoversuchasflatandbareground,orareasco veredwithgrassonlyorcoveredwithshrubslessthan1.5minheight,arepreferred.  Shallhaveclearlydemarcatedandmarkedboundariestominimizevegetationclearing.  Stockpileareasshallbelocatedinareaswheretreescanactasbufferstopreventdustpollution.Perimeter drainsshallbebuiltaroundstockpileareas.Sedimentandotherpollutanttrapsshallbelocatedatdraina geexitsfromworkings.  TheContractorshalldepositanyexcessmaterialinaccordancewiththeprinciplesofthesegeneralconditi ons,andanyapplicableESMP,inareasapprovedbylocalauthoritiesand/ortheSE. 136 4) Rehabilitation and Soil Erosion Prevention  Totheextentpracticable,theContractorshallrehabilitatethesiteprogressivelysothattherateofrehabilit ationissimilartotherateofconstruction.  Alwaysremoveandretaintopsoilforsubsequentrehabilitation.Soilsshallnotbestrippedwhentheyarew etasthiscanleadtosoilcompactionandlossofstructure.  Topsoilshallnotbestoredinlargeheaps.Lowmoundsofnomorethan1to2mhigharerecommended.  Revegetatestockpilestoprotectthesoilfromerosion,discourageweedsandmaintainanactivepopulatio nofbeneficialsoilmicrobes.  Locatestockpileswheretheywillnotbedisturbedbyfutureconstructionactivities.  Totheextentpracticable,reinstatenaturaldrainagepatternswheretheyhavebeenalteredorimpaired.  Removetoxicmaterialsanddisposeofthemindesignatedsites.Backfillexcavatedareaswithsoilsorover burdenthatisfreeofforeignmaterialthatcouldpollutegroundwaterandsoil.  Identifypotentiallytoxicoverburdenandscreenwithsuitablematerialtopreventmobilizationoftoxins.  Ensurereshapedlandisformedsoastobeinherentlystable,adequatelydrainedandsuitableforthedesir edlong-termlanduse,andallownaturalregenerationofvegetation.  Compactedsurfacesshallbedeeprippedtorelievecompactionunlesssubsurfaceconditionsdictateoth erwise.  Revegetatewithplantspeciesthatwillcontrolerosion,providevegetativediversityand,throughsuccessi on,contributetoaresilientecosystem.Thechoiceofplantspeciesforrehabilitationshallbedoneinconsu ltationwithlocalresearchinstitutions,forestdepartmentandthelocalpeople. 5) Water Resources Management  TheContractorshallavoidconflictingwithwaterdemandsoflocalcommunities.  Abstractionofbothsurfaceandundergroundwatershallonlybedonewiththeconsultationofthelocalcom munityandafterobtainingapermitfromtherelevantWaterAuthority.  Abstractionofwaterfromwetlandsshallbeavoided.Wherenecessary,authorityhastobeobtainedfromr elevantauthorities.  Noconstructionwatercontainingspoilsorsiteeffluent,especiallycementandoil,shallbeallowedtoflowin tonaturalwaterdrainagecourses. 6) Blasting& Quarrying  Blastingactivitiesshallnottakeplacelessthan2kmfromsettlementareas,culturalsites,orwetlandswitho utthepermissionoftheSE.  Blastingactivitiesshallbedoneduringworkinghours,andlocalcommunitiesshallbeconsultedonthepro posedblastingtimes.  Contractorshallobtainappropriatelicenses/permitsfromrelevantauthoritiestooperatequarriesorborro wareas.  Thelocationofquarriesandborrowareasshallbesubjecttoapprovalbyrelevantlocalandnationalauthori ties,includingtraditionalauthoritiesifthelandonwhichthequarryorborrowareasfallintraditionalland. 137 7) Disposal of Unusable Elements  Unusablematerialsandconstructionelementssuchaselectro- mechanicalequipment,pipes,accessoriesanddemolishedstructureswillbedisposedofinamannerap provedbytheSE.TheContractorhastoagreewiththeSEwhichelementsaretobesurrenderedtotheClie nt'spremises,whichwillberecycledorreused,andwhichwillbedisposedofatapprovedlandfillsites.  Unsuitableanddemolishedelementsshallbedismantledtoasizefittingonordinarytrucksfortransport. Principles and Protocols for Rehabilitating Existing Buildings The matrix below summarizes types of construction and demolition wastes and procedures for their management S/N Type of Waste Principle for Recycling Disposal Method 1 Site Clearing and dredging materials – 1) Minimize/reduce waste by planning and sticking to appropriate These are materials or objects that are engineering design and specification such as the size of land displaced during the preparation of a area to be cleared and depth of earth to be excavated. construction or demolition site. They 2) Re-use soil materials for backfilling and wood as materials for include vegetation stripping, trees & tree construction stumps, rubble, dirt, rocks and excavated 3) non-recyclable should be separated and regularly disposed in soil piles approved dumpsites 2 Building material waste - insulation, These materials may be damaged or unused, but can be nails, electrical wiring, rebar, wood, recycled or reused in other forms. Waste wood can be recovered plaster, scrap metal, cement, and bricks, and recycled into wood for new building projects. Cement, bricks, Concrete, asphalt and waste tiles plaster and asphalt can be crushed and reused as aggregate materials in other construction or building projects. 3 Electronic wastes and Aluminum Electronic wastes and aluminum materials shall be recycled after materials – desktop computer, television, dismantling and crushing; mobile devices, air conditioners, rail 4 Timber and Furniture from Buildings Re-use materials or recycle as appropriate. Potential usages include: 1) particle board, charcoal, papermaking material; 2) use as fueling cement kilns; 3) energy recovery from incineration 5 Hazardous waste – such as Asbestos- 1) Controlled management undertaken as necessary for each containing buildings materials ( roofs and type of waste. ceilings); paints, PCB, lead, pesticides, 2) An inspection of building materials for the presence of batteries, insulated materials for asbestos, asbestos and lead hazards must be conducted prior to initiating etc renovation and demolition. 3) Handling of hazardous wastes must follow proper procedures regarding collection, storage, transportation and disposal in approved landfill 6 Waste water, Waste oil, lubricant, sludge 1) Ensure effluent collection measures and treatment of effluent before discharging into sewage system 2) Establish and enforce daily site clean-up procedures, including maintenance of disposal facilities for construction debris. 3) Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas designated for such. 4) Ensure that oil or other lubricants are never dumped on the ground, in designated areas. 138 139