THE REPUBLIC OF UGANDA MINISTRY OF ENERGY AND MINERAL DEVELOPMENT Electricity Access Scale-Up Project (EASP) Environmental and Social Management Framework (ESMF) 1st June, 2020 ESMF TEAM COMPOSITION S/N Name Position Entity 1 Caroline Aguti Head, Health and Safety Unit MEMD 2 Dr. Paul Okiror Environmental Specialist MEMD 3 Noel Komunda Gender Specialist MEMD 4 Peter Makero Environmental Apprentice UECCC 5 Elisha Lugoloobi Transaction Execution Specialist UECCC 6 Charles Omara Bisimungu Risk Manager UECCC 7 Moses Eriatu Senior Social Development Officer REA 8 Caroline Nambozo Senior Social Development Officer REA 9 Brenda Owomugisha Safeguards Officer MEMD 10 Hillary Ariima Health and Safety Officer MEMD TABLE OF CONTENTS LIST OF ACRONYMS ..........................................................................................................................................................vii EXECUTIVE SUMMARY .......................................................................................................................................................ix 1.0 INTRODUCTION...............................................................................................................................................................1 1.1Background ...................................................................................................................................................................1 1.2 ESMF Purpose .............................................................................................................................................................2 1.3 Objectives .....................................................................................................................................................................2 1.3.1 Other key implementation aspects of the ESMF........................................................................................................3 1.4 Methodology and Approach used to develop the ESMF...............................................................................................3 1.5 Limitations in the preparation of the ESMF ...................................................................................................................6 2.0 PROJECT DESCRIPTION................................................................................................................................................7 2.1. Introduction ..................................................................................................................................................................7 2.2. Description of Project Components .............................................................................................................................7 2.2.1 Component 1: Grid Expansion and Connectivity ......................................................................................... 7 2.2.2 Component 2: Financial Intermediation for Energy Access Scale-up ............................................................. 7 2.2.3. Component 3: Energy Access in Refugee Host Communities ...................................................................... 8 2.2.4. Component 4: Project Implementation support and affordable modern energy solutions ................................ 8 2.2.5. Component 5: Contingent Emergency Response ....................................................................................... 9 2.3 Project Implementation Arrangements..........................................................................................................................9 2.3.1 Project Beneficiaries ..................................................................................................................................................9 2.3.3 Institutional Arrangements and Roles ......................................................................................................................10 2.4 Implementing Partners and Contractors .....................................................................................................................12 3.0 POLICY, LEGAL, REGULATORY AND INSTITUTIONAL FRAMEWORK ...................................................................17 3.1 Relevant Policy Framework ........................................................................................................................................17 3.2 Relevant Legislative Framework .................................................................................................................................20 3.3 International Conventions and Treaties ratified by the Government of Uganda (GoU) ...............................................24 3.4 World Bank’s Environmental and Social Standard Applicable to EASP and Risk Classification ................................25 3.5 World Bank EHS Guidelines Applicable to EASP .......................................................................................................35 3.7 Comparison of the World Bank ESS and the National Requirements ........................................................................37 3.7 Institutional Framework...............................................................................................................................................38 4.0 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS .......................................................................................41 4.1 Project Location ..........................................................................................................................................................41 4.2 Biological Environment ...............................................................................................................................................42 4.2.1 Forest cover .......................................................................................................................................... 42 4.2.2 Uganda’s wetlands ................................................................................................................................. 42 4.2.3 Climate change...................................................................................................................................... 42 4.3 Socio-economic Environment .....................................................................................................................................43 4.3.1 Population ............................................................................................................................................. 43 4.3.2 Employment .......................................................................................................................................... 43 4.3.3 Refugee Influx ....................................................................................................................................... 43 4.3.4 Vulnerable and marginalised groups in Uganda ........................................................................................ 44 4.3.5 Land tenure and land use in Uganda ....................................................................................................... 44 4.3.6 Energy access and its usage in Uganda ................................................................................................... 44 4.3.7 Health ................................................................................................................................................... 45 4.3.8 Education .............................................................................................................................................. 45 4.3.9 Crime, Fire Emergency and Road safety .................................................................................................. 46 4.3.9.1 Management of Crime in Uganda ......................................................................................................... 46 4.3.9.2 General Crime Trends in Uganda ......................................................................................................... 46 4.3.9.4 Fire Emergency Trends in Uganda........................................................................................................ 47 4.3.10 Uganda Economic Outlook.................................................................................................................... 49 4.3.11 Uganda’s Government Structure............................................................................................................ 49 5.0 STAKEHOLDER CONSULTATIONS AND ENGAGEMENT..........................................................................................50 5.1 Stakeholders engaged ................................................................................................................................................50 5.2 Summary of key issues raised by EASP Stakeholders...............................................................................................51 5.3 Inclusion of stakeholder recommendations in the ESMF ............................................................................................55 6.0 IMPACT ANALYSIS AND PROPOSED MITIGATION MEASURES ..............................................................................56 6.1 Potential Positive Impacts...........................................................................................................................................56 6.2 Potential Negative impacts and Mitigation measures .................................................................................................57 6.3 Indirect Impacts ..........................................................................................................................................................67 6.4 Potential Cumulative Impacts .....................................................................................................................................67 6.5 Potential impacts of the COVID-19 disease on EASP implementation ...........................................................................68 7.0 ENVIRONMENTAL SCREENING AND IMPACT ASSESSMENT PROCEDURE..........................................................68 7.1 Overview of the Environmental Screening and Impact Assessment Process.............................................................68 7.5 Screening in accordance with the World Bank ESMF ................................................................................................70 The categorization of EASP components in accordance with the World Bank ESF is as indicated below: ......................70 7.6 World Bank approval of ESIAs and their ESMMPs.....................................................................................................71 7.7 ESMF Disclosure ........................................................................................................................................................71 8.0 MONITORING AND REPORTING ..................................................................................................................................72 8.1 Regular Monitoring and Inspection of Compliance .....................................................................................................72 8.2 Quarterly Monitoring and Reporting............................................................................................................................72 8.3 Contractors and Solar Developers Progress Reporting ..............................................................................................73 8.4 Contingent Emergency Response Component (CERC) .................................................................................................73 8.5 Emergency Reporting .................................................................................................................................................74 8.5.1 Reporting procedure ................................................................................................................................................74 8.6 Roles and Responsibilities..........................................................................................................................................75 9.0 GRIEVANCE REDRESS MECHANISM .........................................................................................................................76 9.1 Types of Grievances ...................................................................................................................................................76 9.2 The Grievance Redress Mechanism (GRM) Process .................................................................................................77 9.3 The World Bank’s Grievance Redress Service (GRS)................................................................................................79 9.3.1 GRS Definition and Purpose....................................................................................................................................79 9.3.2 Submitting a Compliant to the Grievance Redress Service .....................................................................................80 10.0 CAPACITY BUILDING AND TRAINING ......................................................................................................................81 10.1 Environmental and Social Capacity Building Plan ....................................................................................................83 10.1.1 Personnel from: MEMD, REA, UECCC, and other MDAs closely associated with EASP......................................83 11.0 ESMF IMPLEMENTATION SCHEDULE AND BUDGET .............................................................................................85 11.1 ESMF Budget ...........................................................................................................................................................85 REFERENCES .....................................................................................................................................................................92 ANNEXES .............................................................................................................................................................................93 Annex 1: Comparison of World Bank Environmental and Social Framework (ESF) and Ugandan Policy and Legal Framework........................................................................................................................................................................93 Annex 2: Detailed Matrix of issues raised during stakeholder consultations and engagements ....................................126 Annex 3: Attendance Lists for Stakeholder consultations and engagement ...................................................................140 Annex 4: Environmental and Social Screening Form .....................................................................................................166 Annex 5: Contents of a Project Brief ...............................................................................................................................176 Annex 6: Outline of the Environmental and Social Impact Statement (ESIS) .................................................................178 Annex 7: Sample Terms of Reference (ToRs) for Environmental and Social Impact Assessment (ESIA) .....................179 Annex 8: Terms of Reference (ToRs) an ESMP .............................................................................................................187 Annex 9: Chance find Procedures ..................................................................................................................................188 LIST OF TABLES Table 2.1: Institutional Arrangements &Roles .................................................................................................... 10 Table 2.2: Roles and Responsibilities of the Implementing Partners and Contractors ......................................... 13 Table 3.1 Relevant Policy Framework ................................................................................................................. 17 Table 3.3: Key International Conventions and Treaties Ratified by GoU that are applicable to EASP .............. 24 Table 3.4 World Bank Environmental and Social Standards applicable to EASP ................................................ 26 Table 3.5: World Bank EHS Guidelines applicable to EASP .............................................................................. 35 Table 3.6: Project Component Risk Classification ............................................................................................... 36 Table 3.7 Institutions; their Roles, Responsibilities and Relevance to the EASP ................................................. 38 Table 4.1 Summary of the Refugee status in Uganda(UNHCR,2020) ................................................................. 43 Table 5.1: Summary of Stakeholders Engaged During Preparation of the ESMF................................................ 50 Table 5.2: Summary of Key Issues Raised by EASP Stakeholders ..................................................................... 51 Table 6.1 Positive Impacts of the EASP .............................................................................................................. 56 Table 6.2 Generic Environmental and Social Management Plan (ESMP) ........................................................... 58 Table 10.1: Capacity Building Needs and Training Schedule .............................................................................. 81 Table 10.2 Proposed Training Format for ESMF Implementation ........................................................................ 83 Table 10.2 Awareness Raising and Training for Contractors, Private Energy Companies, CFIs and Supervision Consultants.......................................................................................................................................................... 84 Table 11.1: ESMF Implementation Schedule and Budget Estimates ................................................................... 85 LIST OF FIGURES Figure 2.1: Project Management Structure .......................................................................................................... 10 Figure 4.1: Refugee settlement districts in Uganda (Source: Atari, Odwa &McKague 2019)............................... 41 Figure 4.2: General crime trends in Uganda from 2014 to 2018 (source: Uganda Annual crime reports for 2014 to 2018) ................................................................................................................................................................... 46 Figure 4.3: Cybercrime Trends in Uganda from 2014 to 2018 (Source: Uganda Annual Crime reports for 2014 to 2018) ................................................................................................................................................................... 47 Figure 4.4: Fire Emergency Trends in Uganda from 2015 to 2018 (Source: Uganda Annual Crime reports for 2015 to 2018) ............................................................................................................................................................... 48 Figure 4.5 Crashes From 2015 to 2018 (Source: Uganda Annual Crime reports for 2015 to 2018) .................... 49 Figure 4.6: The Three Arms of the Uganda Government ..................................................................................... 49 Figure 7.1 EIA Process in Uganda..........................................................................Error! 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Figure 9.1: General Project Grievance Resolution Mechanism for the EASP ...................................................... 79 LIST OF ACRONYMS (D)CDO (District) Community Development Officer CGV Chief Government Valuer DLG District Local Government DMM Department of Museums and Monuments EASP Electricity Access Scale-Up Project ESA Environmental and Social and Assessment ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMMP Environmental and Social Management and Monitoring Plan GIZ The Deutsche Gesellschaft für Internationale Zusammenarbeit GoU Government of Uganda GERP Grid Expansion and Reinforcement Project GRM Grievance Redress Mechanism GRS Grievance Redress Services of the World Bank HIV/AIDS Human Immune Virus/ Acquired Immune Deficiency Syndrome HSE Health, Safety and Environment ICRW International Centre for Research on Women IDA International Development Association of the World Bank JLOS Justice, Law and Order Sector LC Local Council MEMD Ministry of Energy and Mineral Development MGLSD Ministry of Gender, Labour and Social Development MLHUD Ministry of Lands, Housing and Urban Development MoLG Ministry of Local Government MoWT Ministry of Works and Transport NEA National Environment Act NEMA National Environment Management Authority NFA National Forest Authority OPM Office of the Prime Minister vii PAPs Project Affected Persons PWDs People With Disabilities RAP Resettlement Action Plan REA Rural Electrification Agency RPF Resettlement Policy Framework SEF Stakeholder Engagement Framework UBOS Uganda Bureau of Statistics UNHCR United Nations High Commission for Refugees UNRA Uganda National Roads Authority UPF Uganda Police Force USEA Uganda Solar Energy Association UWA Uganda Wildlife Authority VESC Valued Environmental and Social Component VMGF Vulnerable and Marginalized Group Framework WB World Bank viii EXECUTIVE SUMMARY Project Background The Ugandan energy sector has registered significant progress in electricity generation having increased its installed generation capacity from about 300 MW in 2002 to 964 MW in 2018 of which 90% of the electricity generated in Uganda is from renewable resources while the remaining 10% is from non-renewable resources. GoU has also undertaken significant investments to further increase the generation capacity with additional 183 MW from Isimba hydropower dam, which was commissioned in March 2019, and the 600 MW Karuma hydropower dam is expected to be commissioned at the end of 2020.This will increase the installed capacity to 1,747MW. The aforementioned achievements notwithstanding, the sector still faces multi-dimensional challenges. First, access to electricity remains low; the national electricity access rate stands at41 percent. The rural access rate stands at 28 percent, compared to other countries in the region such as Kenya (70 percent) and Tanzania (33 percent). Some of the major factors that have hindered the electricity access relate to incentives, capacity to meet connection targets, affordability of service connections charges and internal wiring facilities of potential consumers of the electricity. In order to address the electricity access challenges, the Government of Uganda through support from the International Development Association of the World Bank, intends to implement the Electricity Access Scale-Up Project (EASP). The EASP will support the country’s electricity connection, which intends to increase access from the current 41% to 60% by 2027. Project Implementing Agencies: This EASP will be implemented by three Agencies: Ministry of Energy and Mineral Development (MEMD), Rural Electrification Agency (REA) and Uganda Energy Credit Capitalization Company (UECCC). Project Development Objectives The Objective of EASP will be to increase access to electricity for households, commercial, and industrial users, and public institutions in the rural, peri-urban and urban areas through on-grid and off-grid solutions. The project will also increase access to clean energy cooking services by supporting private sector enterprises promoting efficient and clean cooking solutions. The project will also support interventions to increase access to clean, affordable, and reliable energy services in refugee areas. Project Location: The EASP will be implemented nationwide with undefined specific project works and implementation sites. Project Components: The EASP project components include (1) Grid expansion and connectivity, including investments in MV/LV network expansion and strengthening, and service connections; (2) Financial intermediation for energy access scale-up; (3) Energy access in refugee host communities; (4) Project Implementation support and affordable modern energy solutions; and (5) Contingent emergency response. Methodology The Framework was prepared through review of relevant documents and through stakeholder consultative meetings with officials from various Ministries, Departments and Agencies (MDAs), solar companies and financial institutions. The ESMF is structured into eleven (11) chapters and this include: the introduction, project description, policy, legal, regulatory and institutional framework, baseline environmental and socio-economic conditions, environmental and social impacts and mitigation measures, environmental screening and impact assessment procedure, monitoring plan, grievance redress mechanism, stakeholder consultations and engagement, capacity ix building and the ESMF implementation schedule and budget. Baseline Environmental and Social Information Baseline information for the Project area has been discussed, in two main categories namely biological environment (forest cover, wetlands and climate change) and the socio-economic environment (population, employment, refugee influx, vulnerable and marginalised groups, land tenure and land use, health, education and governance structure, crime, fire emergence and road safety). The detailed site-specific conditions will be studied once the areas are selected by the respective implementing agencies. Policy, Legal and Institutional Framework Both the World Bank Environmental and Social Framework (ESF) and the relevant legislation relevant to the Project have been considered in relation to the applicable policy, legal and administrative framework within which this ESMF. GoU in collaboration with The World Bank Environmental and Social Management Specialists undertook a comprehensive review of the country’s policy legal and institutional framework for management of environmental and social risks and impacts associated with this project. Where gaps have been identified, the ESF will be adopted to mitigate the negative impacts arising from the project implementation. Environmental and Social Impacts and Risks for the EASP The proposed Electricity Access Scale-Up Project (EASP) is associated with both positive and negative impacts. The potential positive impacts of the project include; improved health and education standards through electrification of schools and healthy centers, electrifying refugee settlements and host communities, employment opportunities for the local communities and reducing pressure on protected areas from which communities may be sourcing woody biomass for their energy needs. However arising from component (1) and (3) the environmental and social impacts is expected to have moderate to substantial environmental and social impacts, and on that basis this Environmental and Social Management Framework (ESMF) has been developed in line with the national policy, legal, and institutional framework and the World Bank’s Environmental and Social Framework (ESF) to mitigate the potential negative Environmental and Social Impact of the project. The ESMF entails the principles, rules, guidelines and procedures for assessing and mitigating environmental and social risks to ensure compliance of the project activities with both the requirements of the Republic of Uganda and the World Bank ESF. Environmental screening and impact assessment process The ESMF outlines the screening process and the associated impact assessment for risk classification of the electricity access scale-up project Monitoring plan The ESMF describes monitoring, inspection and reporting for compliance environmental and social risks and impacts to ensure proper appraisal on the effects of project activities. The emergence reporting procedure by the respective PIUs has been described. Grievance Redress Mechanism The Grievance Redress Mechanism is established to ensure effective solving of concerns and achieving remedies for the communities and project-affected people during the implementation of the project. The GRM will be augmented by the World Bank Grievance Redress Service (GRS) that allows for Project-affected communities and individuals to directly submit World Bank projects related complaints. x Stakeholder consultations and engagement As per the World Bank requirements, the borrower is responsible for gathering information and provide evidence of meaningful and inclusive consultation with all the stakeholders who are likely to be affected by the environmental and social impacts of EASP. It also helps in gaining support from the communities where the project will be implemented. A team from MEMD, REA and UECCC carried out public consultations as an input in the development of EASP safeguards documents. The stakeholder Engagement Framework that is developed for this project spells out how consultations will be carried out during the project implementation phase. ESMF implementation Budget and capacity building The ESMF implementation budget refers to all costs that will be incurred to the requirements or activities of the ESMF. The ESMF activities will ensure that the Project implementation integrates environmental and social issues for the sustainability of the project at the same time with the project sub-components. Among other things the ESMF recommends the following key issues, namely; training, capacity building and monitoring mechanisms. MEMD, REA and UECCC will have dedicated staff for environmental and social due diligence. The total cost of capacity building and implementation of the ESMF is estimated to be around USD18 million, of which over USD10 million will be required for RAP preparation and implementation. The implementation of the ESMF will be partially financed by IDA under the EASP – it is expected that GOU counterpart funding will be required for the full implementation of activities. Conclusion and recommendations AND RECOMMENDATIONS The proposed project once implemented shall have more of positive benefits to the host communities and surrounding environment. The project impacts can easily be identified, medium to short term, site-specific, limited in scope, and readily mitigated using available technologies, and best construction practices. The project EA Category is Substantial, given the likely overall low impact of the project activities. The project will require establishment of clear implementation arrangements, and budget provision to ensure actual implementation of the environmental and social aspects, without which, the positive and expected benefits of the project will not be realized. Specific measures shall be implemented by Contractors, and such measures shall form part of the Contractors’ ESMPs. Socioeconomic impacts such as those associated to involuntary resettlement and compensation can be easily dealt with through RAP, ARAP– relevant guidance will be available on the RPF prepared in parallel to this ESMF. All project components shall be subjected to following the EA process and guidance set out in this ESMF, and will include project aspects that are assumed to be managed by the Contractor. These aspects tend to pose most challenges because of the Client’s tendency to leave such to Contractors. For this project, the Client is encouraged to take interest and supervise the Contractors during acquisition and operation of auxiliary facilities. xi 1.0 INTRODUCTION 1.1Background The Government of Uganda, through the Ministry of Energy and Mineral Development (MEMD), is pursuing securing funds from the World Bank for the proposed Electricity Access Scale-up Project (EASP). The EASP will support the country’s efforts to scale up access to electricity for households including for refugees and host communities; industrial parks and commercial enterprises; and health and education facilities, in line with Uganda’s Vision 2040 goal of increasing energy access in Uganda to spur socio-economic transformation. The project will build on earlier World Bank interventions in the energy sector for and its estimated duration is for period of five (5) years. It is evident that the energy sector has registered some positive achievements across the value chain. Over 90% of the electricity generated in Uganda is from renewable resources while the remaining 10% is from non- renewable resources; with 70% of this being consumed by the industrial sector and about 30% being used for domestic purposes. Installed generation capacity has increased from about 300 MW in 2002 to 964 MW in 2018, of which 77 percent is hydropower. Moreover, the GoU has undertaken significant investments to further increase the generation capacity – the 183 MW Isimba hydropower dam was commissioned in March 2019, and the 600 MW Karuma hydropower dam is expected to be commissioned at the end of 2020.That will further increase the installed capacity to 1,747MW. On the electricity transmission side, the network has expanded from about 1,165 km in 2003 to 1,627 km in 2016, and investments targeting interconnection with neighboring countries such as Tanzania, Democratic Republic of Congo (DRC) and South Sudan are also ongoing. Electricity sales nationally have doubled from 2,000 GWh in 2008 to 4,000 GWh in 2018. On the distribution side, UMEME has improved efficiency within the electricity distribution system by reducing distribution losses from 38 percent in 2005 to about 17.3 percent in 2017, and thereby increasing revenue collections from 80 percent in 2005 to over 99 percent in 2017. The aforementioned achievements notwithstanding, the sector still faces multi-dimensional challenges. First, access to electricity remains low; the national electricity access rate stands at41 percent nationally and about 28percent in rural areas, compared to other countries in the region such as Kenya (70 percent) and Tanzania (33 percent). Some of the major factors that have hindered the electricity access expansion relate to incentives and capacity to meet connection targets, and affordability of service connections charges and internal wiring facilities of potential consumers of the electricity. The EASP through the Electricity Connection Policy and provision of credit for internal wiring to the households will help overcome these challenges. Secondly, access to clean cooking fuels and technologies has been slow. Of the 20 countries with the largest clean cooking access deficit, Uganda is one of two countries where, since 2010, the access to clean cooking rate has declined due to additional people relying on wood fuels for cooking due to population growth. The other challenges include; lack of investments to support private sector led developments, and lack of consumer awareness and financing support to fill the affordability gap. The off-grid market development of the EASP will address the affordability barrier and improve the clean cooking technologies available through provision of working capacity to private clean cooking technology distributors and importers. The ESMF has been developed in tandem with a Resettlement Policy Framework (RPF), Stakeholder Engagement Framework (SEF), and the Vulnerable and Marginalized Group’s Framework (VMGF) as a set of due diligence instruments required to address and manage the environmental and social risks and impacts associated with the EASP. The framework has been prepared to meet the Government of Uganda’s and the World Bank’s Environmental and Social safeguard requirements and will be disclos ed as part of the project appraisal process. MEMD, UECC, REA and the contractors will be responsible for implementing the provisions and recommendations outlined in the ESMF. In order to aid various stakeholders to identify and effectively manage potential environmental and social impacts of the proposed project during implementation; environmental and social due diligence instruments 1 have to be prepared in accordance with international good practice as well as the World Bank safeguard policies and Government of Uganda (GoU) requirements. This Environmental and Social Management Framework (ESMF) has been prepared in compliance with the safeguard policies established by the funding agency, the World Bank (WB), as well as by the Government of Uganda’s environmental and social management legal provisions which stipulate that funding of development plans and programs shall be subject to prior assessment and the mitigation of potential environmental and social effects of planned projects. The ESMF has a number of principles, which include the following: a. A systematic procedure for a participative process of environmental and social screening of the specific project areas and activities; b. A stepwise process to identity and prevent potential environmental and social impacts of the planned project activities; c. An environmental and social management plan to deal with potential environmental and social aspects during the implementation of the project; d. A monitoring and evaluation system for the implementation of mitigation measures and actions; e. Draft recommendations for training needs requirements for planning and monitoring of the project; and f. A budget to ensure that the project has the necessary resources to achieve the desired objectives, particularly those related to the preparation and implementation of sub-projects/sub-components. The development of this ESMF has been informed by the fact that specific aspects related to; locations, designs, the nature and scope of the project are not known at this stage and thus a detailed assessment of potential environmental and social impacts is not feasible at this time. 1.2 ESMF Purpose The main purpose of the ESMF is to: (a) Establish clear procedures and methodologies for the environmental and social assessment, review, approval and implementation of investments to be financed under the project; (b) Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to project investments; (c) Specify how environment and social aspects will be incorporated into: the specific work design process, in the independent monitoring/verification processes of works, and the associated procurement process for works and consultants(d) Determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF and the subsequent ESIAs/ESMPs, as applicable; and (e) Provide practical information on resources required to implement the ESMF requirements. Principally, this ESMF is meant to set out the modalities for the environmental and social assessment of the EASP as well as the post assessment situation, as the specific aspects of the project become known during its implementation. 1.3 Objectives The major objectives of the ESMF include: a) Providing a framework for integration of social and environmental aspects throughout the project cycle; b) Enhancing the positive environmental and social aspects of the project whilst avoiding, minimizing, managing and compensating for any potentially adverse aspects/impacts; c) Setting out the roles and responsibilities for the management of environmental and social issues; d) Ensuring that the necessary framework for monitoring environmental and social aspects is in place and ideally based on a proactive approach; 2 e) Successful implementation of the project by ensuring that the key actors in the project are afforded the necessary training and capacity building; and f) Ensuring that environmental and social information is made available to stakeholders and the public to foster consensus and project ownership or collective responsibility for socio-environment actions. 1.3.1 Other key implementation aspects of the ESMF i. Roles and responsibilities of the key institution at the core of implementing the EASP should be clearly articulated coupled with the adequate resources required (both financial and human resource) being available to it. ii. The supervision consultant, contractors that shall be engaged by the project shall recruit Environment, Social and Gender Experts with the requisite expertise for effective implementation of the project environment and social safeguards prior to site deployment and works commencement. iii. Standard/generic ESMMPs shall be developed for certain types of work scan be modified for individual works as needed. The ESCP and ESIAs shall inform the development of the standard/generic ESMMPs for the different work sites. iv. Environmental and social risks and impacts will be fully assessed prior to project implementation and others that may emerge as the project progresses. The measures in the ESMP may be insufficient; therefore site-specific mitigation measures will need to be put in place before the contractor starts work and this aspect updated accordingly. v. A standalone ESMS shall be developed for UECCC for effective management of environmental and social systems, procedures and capacity for assessing, managing and monitoring risks and impacts of sub-projects derived from both wholesale and direct lending practices. All Commercial Financial Institutions (CFIs) (e.g., commercial banks, micro-finance institutions, SACCOs) participating in the project will be required to comply with the World Bank ESF and develop an ESMS. In approving sub- loans, the CFIs will require beneficiaries (e.g., solar companies) to also provide a declaration to be responsible for collection, transportation, and environmental safe disposal of residual waste (batteries, lamps, and related waste) after the useful life of the accessories in consultation with the National Environmental Management Authority (NEMA).� For wholesale lending activities, the UECCC will continue using the same ESMS established under the Energy for Rural Transformation Phase III Project (ERT-3) (P133312). However, implementation of direct lending activities will only be allowed after the UECCC has established an expanded ESMS satisfactory to the Bank. vi. Proper incorporation of environment and social considerations into the procurement process by ensuring that the project procurement manual and the associated procedures are informed by the ESMF’s environmental and social considerations and findings of the project specific environmental assessments. These will be carried out during Bid process. vii. An emergency preparedness plan shall be developed to deal with unplanned issues to take into consideration non-compliances, unanticipated impacts such as spills or extreme weather, pandemics etc. For emergency and critical situations, designated phone numbers, and persons to be contacted will be clearly communicated during the component implementation. viii. Manuals for contractors and supervisors will be developed and engagements with contractors and works supervisors will be undertaken after they have been recruited and prior to civil works commencement. ix. An independent Third-Party Monitor (TPM), NGO or any firm experienced in environmental and social safeguards monitoring will support MEMD in its project supervisory and monitoring mandate during project implementation. 1.4 Methodology and Approach used to develop the ESMF The ESMF was prepared by a joint team from the Ministry of Energy and Mineral Development (MEMD), Rural Electrification Agency (REA) and Uganda Energy Credit Capitalisation Company (UECCC) in line with good international practice, the World Bank Environment and Social Framework and taking into account provisions in sections 110-116 of the National Environment Act of 2019. 3 Stakeholder identification meetings were held by the joint team and following which, Stakeholder consultation meeting request letters were dispatched to the respective stakeholders. During the meetings, the background and objectives of the EASP were presented to the stakeholders and their concerns and clarifications about the project were addressed. These mainly related to aspects to do with; the project design, benefits, potential risks and mitigation measures. The ESMF was prepared based on the following approaches: 1.4.1 Document review In the process of preparing the ESMF, a number of documents were reviewed. These included; the Draft National Development Plan (NDPIII), Uganda’s Vision 2040, newspaper articles, World Bank energy sector project implementation reports, and the Ministry of Energy and Mineral Development Ministerial Policy Statements (MPS). Other documents reviewed were the World Bank Environmental and Social Framework (ESF), international conventions ratified by Uganda, the Constitution of the Republic of Uganda and other relevant policies and laws. Criminal, fire emergency and road safety reports were reviewed and analysed to ascertain trends and recommendations made for safe and effective implementation of the EASP. Reports and guidelines from Development Partners such as GIZ and the United Nations High Commission for Refugees (UNHCR) were also reviewed. 1.4.2 Consultations with key stakeholders Key Stakeholder Interviews and focus group discussions were held to obtain views from the different stakeholders regarding the proposed project. Public consultations were also conducted with national stakeholders to establish feasible resettlement alternatives, and also to generate information for evidence based impacts and recommendations. These interviews were conducted with key stakeholders from the following entities: Ministry of Tourism Wildlife and Antiquities, Ministry of Lands, Housing and Urban Development, Ministry of Gender, Labour and Social Development, Ministry of Water and Environment, GIZ, Uganda Solar Energy Association, Fenix International and Ultra Tech Ltd (Fenix International and Ultra Tech being solar energy equipment services providers). Other stakeholders included; Uganda Wildlife Authority (UWA) and the National Forestry Authority (NFA), in the event that the electricity transmission lines may traverse through to close to protected areas. 1.4.3 ESMF preparation meetings and workshops Under the coordination of the MEMD, several meetings that included personnel from MEMD, UECCC, REA and the World Bank safeguards team were held to plan, draft and review the Environmental and Social Management Framework (ESMF) for the Electricity Access Scale-Up Project (EASP). Two-(2) document preparation retreats were also organised by MEMD to fast-track the process. 1.4.4 Lessons learned from the World Bank projects Below is a summary of some lessons learned from the implementation of several World Bank-funded projects. World Bank funded Energy for Rural Transformation Phase III (ERT-3) Project (P133312)–which supports the construction of distribution lines, while increasing on- and off-grid electricity access. i. Cut-off date: The cut-off date in the payment for easements for distribution lines is not practical, since the land is not acquired and hence limiting enforcement and communities continued use of their property. ii. Compensation for easements: Only easements are required for the establishment of the distribution lines. No disturbance allowance is given to the project affected persons since the nature of the works on the land is temporal. iii. Temporary physical and economic displacement: Restrictions on the land use does not lead to temporary physical and economic displacement since the easements required are only 10 meters for the work purpose and for a given period. 4 iv. Diversion of the lines due to changes on the ground: The temporal nature of the easement acquisition leads to delays and double compensations in case the land owner decides to replant since they remain on the land making the projects costs high. v. Due to inadequate focus on vulnerable groups, lack of gender strategy, analysis and audits and inadequate collection of sex segregated data, monitoring and evaluation, how different sections of the society have benefited from the project cannot be clearly indicated. vi. Connection of schools to the grid has improved on the performance of the schools in the project areas. vii. Compensation for crops and trees before construction causes delays in construction. PAPs tend to replant crops even after the cut-off date since they remain on the land. Grid Expansion and Reinforcement Project (P133305) – which supports the construction of the Lira-Gulu- Nebbi-Arua transmission line i. The project survey and asset inventory exercise was comprehensive enough and covered most of the PAPs and affected property and valuation report factored in inflation. ii. The projects acquisition of a continuous 50km stretch required lots of time causing delays in project effectiveness. iii. Continuous sensitization and engagement should form part of the project design. Energy for Rural Transformation Phase III Project (ERT-3 – P133312) operationalized a working capital and guarantee facility to support targeting solar companies selling quality certified solar home systems on cash, pay plan, or pay-as-you-go basis i. Specification of lighting Global standard by the World Bank for Solar companies in the market led to few companies qualifying for funding since they dealt in component based Solar system. ii. Lack of a standard for component based Solar system led to delays in qualifying some solar companies’ products for funding. iii. Many of the Solar companies in Uganda don’t qualify for lending by commercial banks due to poor audited books of accounts that report loss as part of the their business operations and therefore not bankable in order to qualify for lending from commercial banks. iv. Minimal consideration of the environmental and social risks throughout the project cycle leads to none- compliance and none documentation of an Environmental and Social Management system. v. Use of single use batteries for solar systems causes more environmental challenges for waste management the need for rechargeable batteries. vi. There was no company that have invested in recycling of Solar Batteries or e-waste management leading to careless disposal of solar batteries. vii. There is need to put in place a system to report environmental and social risks arising from solar business as part of the environment commitment plan of the lenders and beneficiaries. Electricity Sector Development Project (P119737) i. The set-up of an appropriate Grievance Redress Mechanism (GRM) was not fully complied with as the RAP recommended a GRM including the use of the Village Grievance Committee, the Land Tribunals and Courts of law. Although the registration of cases with LC1 is considered as part of the GRM by the implementing unit, there was lack of consistency in engaging the committees on matters arising from resettlement leading to some PAPs seeking legal redress. Under GERP continuous stakeholders engagements has enhanced Environment and Social acceptability of the project. ii. Information regarding the project should be provided by the project implementing unit and the consultants to promote clarity of information and manage PAP expectations. iii. For future projects, systematic, consistent and wide sensitization should take place and initiated early. Continuous sensitization and engagement should form part of the project design. 5 1.5 Limitations in the preparation of the ESMF During the preparation of the EASP framework documents, the team had planned to undertake field-based stakeholder consultations and engagement for all the documents. However, the outbreak of the Coronavirus (COVID 19) pandemic and the associated lockdown coupled with project time constraints did not allow field consultations. However, the team consulted national level stakeholders and reviewed relevant available literature. In addition, we recommend wide consultations with other stakeholders at district, refugee settlement camps, community and village level during preparation of project and site specific Environmental and Social Impact Assessments (ESIAs) and Environmental and Social Management and Monitoring Plans (ESMMPs). 6 2.0 PROJECT DESCRIPTION 2.1. Introduction The EASP will be implemented by three government institutions: Ministry of Energy and Mineral Development (MEMD), Rural Electrification Agency (REA), and Uganda Energy Credit Capitalisation Company (UECCC). The implementation of EASP is estimated to take five (5) years. The project will be implemented nationwide and structured around five main components each of which is discussed below. The specific project works and locations are yet to be ascertained. 2.2. Description of Project Components 2.2.1 Component 1: Grid Expansion and Connectivity This component will finance the scale-up of “last-mile� connections (household, commercial) in line with the Electricity Connections Policy (ECP), while supporting the necessary 33kv power distribution lines and associated low voltage reticulation network strengthening and extensions. This component will be implemented by the Rural Electrification Agency (REA) in close collaboration with all Service Providers (SPs) for harmonising technical specifications and procuring distribution network and connection materials. Sub-component 1-1: Last-mile connections. This sub-component will comprise of short distribution connections that will support “last-mile� connections of both households and commercial electricity consumers in line with the Electricity Connections Policy (ECP). This will be within 1 km from the existing network to maximise the number of connections to be realised with the available funds, leveraging on the high number of potential customers requiring the least amount of construction material and civil works. The medium and low (33kV) power distribution connections will be designed to run close to the existing land boundaries, national roads and district access roads purposely to avoid possibilities of displacement of people and buildings/structures. Negative environmental impacts are not envisaged since these are just short distribution connections in mainly built up areas and no lines are expected to traverse wetlands, rivers lakes, and forests. Sub-component 1-2: Network expansion and strengthening. This sub-component will finance network expansion and strengthening through Medium Voltage (MV) and Low Voltage (LV) grid extension, upgrades and intensification. At this stage, for planning purposes, the possibility of including grid extension as a project component will not be ruled out. The ESMF has therefore been developed to incorporate activities implemented under grid extension in case the need arose. 2.2.2 Component 2: Financial Intermediation for Energy Access Scale-up This component will provide line of credit and credit guarantee instruments for the promotion of productive uses of electricity and energy efficient appliances, quality-certified standalone solar systems, clean cooking technologies, and institutional solar systems (e.g. for health facilities, schools). This component will be managed by the Uganda Energy Credit Capitalisation Company (UECCC) in close collaboration with the Ministry of Energy and Mineral Development (MEMD) for scaling-up modern energy access solutions for household, commercial, industrial and institutional consumers, including public institutions (e.g., health facilities, schools). This component will provide access to finance through working capital loans, micro finance, and medium-term loans to private entrepreneurs and end-users on a first-come, first-serve basis to promote efficient appliances, stand-alone solar technologies for lighting and productive uses and clean cooking solutions. Under this Component 2, the UECCC will continue implementing an existing working capital line of credit and credit guarantee facility for participating Commercial Financial Institutions (CFIs) for on-lending to solar companies that promote quality-certified solar products. The scope of the existing facility will be expanded to promote modern energy technologies, for example, efficient appliances for cooling and productive uses, clean cooking technologies, for household, commercial, industrial and institutional consumers, including public institutions (for example, health facilities and schools), and internal wiring of facilities. Besides continuing the wholesale role on lending through CFIs (e.g., commercial banks, micro-finance institutions, SACCOs), the UECCC will include direct retail lending for three types of clients, namely standalone solar equipment 7 distributors, companies providing electricity to public institutions, and companies selling cook stoves and clean fuel technologies. The Clean Technology Fund (CTF) will support the implementation of this component through the establishment of a Contingent Grant Facility (CGF), which will be managed by the UECCC and will provide comfort to participating Commercial Financial Institutions (CFIs) for on-lending to companies offering stand-alone solar and clean cooking solutions. The CGF will de-risk the exposure of CFIs to technology risk, therefore enabling private companies to raise debt at attractive terms. Sub-component 2-1: Financial intermediation through participating Commercial Financial Institutions. This sub-component will provide access to credit through the UECCC to the Commercial Financial Institutions (CFIs) for the promotion of stand-alone solar systems, efficient electric appliances including for productive uses such as solar water pumps, solar refrigeration units, clean cooking solutions, etc. Sub-component 2-2: Electrification of public institutions by stand-alone solar technologies. This sub- component will support electrification of public institutions (e.g., health facilities, schools) by stand-alone solar system, which are far from grid network. 2.2.3. Component 3: Energy Access in Refugee Host Communities This component will increase access to electricity and clean cooking solutions for refugees and their host communities. This component will support ongoing efforts under the leadership of the Office of the Prime Minister (OPM), to ensure the sustainable socio-economic inclusion of refugees and equitable access to development opportunities for social stability in Uganda. The component will also include sensitization and training of the refugees and their host communities on the risk associated with access and use of electricity. For example, human electrocution, house fires as a result of short circuits etc. This component will be implemented by the REA (Sub-component 3-1) and UECCC (Sub-component 3-2) in close collaboration with the MEMD, OPM and relevant stakeholders. The component will ensure that resources from the IDA Refugee sub-window are utilised to finance the interventions under Components 1 and 2 that are to be implemented within the selected 11 districts in Uganda hosting refugees. This component will be implemented by the MEMD, REA, and UECCC in close collaboration with the OPM and relevant stakeholders. Sub-component 3-1: Grid connectivity and expansion. REA will implement this sub-component following the implementation design of Component 1 to provide access to electricity to household, commercial, industrial, and public institution consumers either through extending MV/LV grid networks or mini grids. Sub-component 3-2: Financial intermediation through participating Commercial Financial Institutions. UECCC will implement this subcomponent following the implementation design of Component 2 to promote access to renewable electricity through stand-alone solar technologies, financing of internal wiring of houses and facilities, promotion of efficient appliances for productive uses, cooling technology and clean cooking solutions in refugee settlements and their host communities 2.2.4. Component 4: Project Implementation support and affordable modern energy solutions This component will finance project implementation and enabling environment support to increase access to electricity and clean cooking solutions in Uganda. Among other activities, this component will finance the establishment of an adequately staffed Project Coordination Unit (PCU) at MEMD, and Project Implementation Units (PIUs) at REA and UECCC, through the recruitment of necessary consultancy services, capacity building activities, and operations costs. This component will be implemented by the MEMD, REA, and UECCC. Sub-component 4-1: Implementation support. This sub-component will support the GoU’s efforts to strengthen institutional capacity for electrification and project implementation including environment and social safeguards, as well as implement distribution sector reforms, which are essential to increasing electricity access in Uganda. This sub-component will finance the PCU at the MEMD and PIUs at the REA and UECCC, which will be responsible for the day-to-day oversight, coordination, planning and implementation of all activities under the project, as well as other TA and capacity development activities required to accelerate access to electricity and clean cooking solutions in Uganda. 8 Sub-component 4-2: Ensuring equity in energy access. This sub-component will support private sector entrepreneurs remove certain barriers preventing them from scaling up the innovative energy technologies to promote electrification in Uganda. The grant will be provided toward removing market entry barriers, information and communication campaign costs, affordability constraint of the consumers, high operating cost to serve customers in remote areas, and so on. The grants support price setting at a level accessible to lower-income beneficiaries. 2.2.5. Component 5: Contingent Emergency Response This component will improve the Government’s ability to respond effectively in the event of an emergency during the lifetime of the project. There is a risk that during the life of the project, the Government may experience a crisis like COVID-19 or something entirely different, resulting in a request to the World Bank to support mitigation, response, and recovery measures. This component will enable a rapid project restructuring, including the reallocation of funds and disbursements if needed. 2.3 Project Implementation Arrangements 2.3.1 Project Beneficiaries The EASP beneficiaries will include: i. Domestic households, and commercial and industrial enterprises that will benefit from the rapid scale-up of electricity connections. ii. Public institutions, including schools and health centres. iii. Energy entrepreneurs involved in the promotion of solar energy and clean cooking alternatives. iv. Financial institutions that will receive funds from the project for onward lending to renewable energy businesses. v. Refugees and the associated host communities. vi. Personnel from the project implementation institutions. 2.3.2 Project Management Structure Figure 2.1 summarises the Project Implementation Units (PIUs) for the different implementing agencies and partners for EASP. The beneficiaries shall receive the services from the various service providers selected by the PIUs at UECCC and REA. The PIUs shall report to the Project Coordination Unit (PCU) headed by the Project Coordination Manager (PCM) appointed by the Permanent Secretary (PS) at MEMD. The PCM shall report to the Project Steering Committee (PSC) that will be chaired by the Minister of State for Energy-MEMD. The PSC shall ensure effective coordination and project oversight, while providing strategic guidance during project implementation. 9 ELECTRICITY ACCESS SCALE - UP PROJECT PROJECT COORDINATION / IMPLEMENTATION UNIT AT MEMD PROJECT STEERING COMMITTEE (MEMD, REA, UECCC, OPM, MOFPED, SG) DIRECTOR – ENERGY RESOURCES DEVELOPMENT COORDINATION MANAGER TECHNICAL OPERATIONS SPECIALIST ADMNISTRATOR ASST. ADMIN / COMMUNICATIONS - REA PIU COMMUNICATIONS - SERVICE PROVIDERS SPECIALIST - OPM LEGAL SPECIALIST NATIONAL ELECTRIFICATION CLEAN COOKING TECHNOLOGY PROJECT SPECIALIST COORDINATOR - UECCC PIU ACCOUNTANT - TECHNOLOGY PROVIDERS PROCUREMENT SPECIALIST SENIOR ENERGY OFFICERS ASST. PROJECT - ELECTRICAL SUPPLY ACCOUNTANT - SOLAR ENERGY - ENERGY EFFICIENCY - MOES - MOWE HSE UNIT - MOH - PRINCIPAL ENVIRONMENT OFFICER / MONITORING AND EVALUATION - OPM HEAD HSE AND OTHER HSE UNIT STAFF - SENIOR M&E SPECIALIST CLEAN COOKING - SENIOR DATA ANALYST HSE SPECIALISTS (3) TECHNOLOGY OFFICER - GIS SPECIALIST - ENVIRONMENT - SECTOR PLANNING STAFF - SOCIAL SAFEGUARDS - GENDER NB: POSITIONS INDICATED IN BLUE TEXT ARE TO BE RECRUITED Figure 2.1: Project Management Structure 2.3.3 Institutional Arrangements and Roles The Project Steering Committee (PSC) chaired by the Minister of State for Energy-MEMD shall supervise the Project Coordination Unit (PCU). The PCU will oversee and coordinate the Project Implementation Units (PIUs) and other implementing partners. The composition and roles of the different implementing agencies as pertains to the environment and social standards are described in Table 2.1. Table 2.1: Institutional Arrangements & Roles S.N Component Institutional Composition Description of roles Arrangement 1. All Project MOFPED, MEMD, MoES, i. Provide strategic Steering MoH, REA, UECCC, OPM, direction / decision Committee to ERA and Managing Directors making during be Chaired by (MDs) from Service Providers implementation of the Minister of project; State for ii. Overall supervision of Energy– project activities; and MEMD iii. Provide guidance on the escalated ESHS aspects of the project. 10 S.N Component Institutional Composition Description of roles Arrangement 2 All Project Project Coordination i. Take lead in co- Coordination Manager, Technical ordination of project Unit to be Operations Specialist, implementation by the hosted by Administrator, Project implementing agencies in MEMD Accountant Communications the various PIUs, Specialist, Legal Specialist, ii. supervision PIUs and ensure compliance to Procurement Specialist, safeguards documents National Electrification and project financing Specialist, Clean Cooking agreement; Coordinator, Energy Officers, iii. Coordinate the Project Monitoring and Evaluation monitoring and reporting Specialist, Senior Data activities; Analyst, GIS Expert, Sector iv. Act as secretariat to the Planning Specialist, Health, Project steering Safety and Environment Committee for the (HSE) Unit at MEMD and project; Environmental Safeguards v. Coordinate the Specialist, Social Safeguards development and Specialist, and Gender implementation of all Specialist. safeguard documents by the different implementing Ministries, Departments and Agencies (MDAs) and ensure reporting of the ESHS aspects to the World Bank; and vi. Ensure development and implementation of the ESMS for the MEMD. 4 1, 3, 4, 5 Project Project Coordinator, Project i. Monitoring and supervising Implementation Management Specialist, of contractors and Unit (PIU)-REA Monitoring and Evaluation consultant as part of Manager, Monitoring and project works to ensure Evaluation Officers (x2), compliance with the Senior Finance Officer, agreed environmental and Finance Officer, Senior social standards; Procurement Officer, ii. Handling all environmental Procurement Officer, Senior and social grievances Legal Officer, Senior related to the project. Wayleaves Officer, These may be from the Wayleaves Officers (x4), PAPs including refugees, Senior Connections Officers project affected (x2), Connection Project communities, refugee host Officers (x7), Productive Use communities and project Specialist, Assistant workers; and Productive Use Officer, 11 S.N Component Institutional Composition Description of roles Arrangement Communications Specialist, iii. Implementation of the Community Officer, Data RAP by making timely Management Officer, Senior compensation for Planning Engineers (x4), GIS damaged property (Trees Specialist, Senior and Crops). Construction Engineers (x2), Social Safeguards Specialist, Environmental Specialist 5 2, 3, 4, 5 Project Director Transaction i. Provide financial support Implementation Execution, Project Manager, to private companies; Unit (PIU)- Risk Manager, Program ii. Development of UECCC Manager Productive Uses, Environment and Social Solar Productive Use Officer, Management plan for the Electrical Appliances and implementation of the Internal Wiring Officer, components, ESMS Program Manager RBF, development and Grants Officer, Clean Cooking implementation; Officer, Program Manager iii. Development of Public Institutions, Public checklists for monitoring Institutions Officer, Program and auditing the Manager Solar Facility, integration of the ES Working Capital Facility aspects by financial Officer, End User/Tier IV institutions and follow-up Officer, Refugee Coordinator, of the beneficiaries. Marketing Specialist, Social Safeguards and Gender Specialist, Health Safety and Environment Specialist, Credit Analyst, Procurement Specialist, Administrator. 2.4 Implementing Partners and Contractors Various implementing partners shall be involved in the implementation of the EASP. Ministry of Health (MoH) shall be engaged during the electrification of Health institutions within the project areas; and Ministry of Education will lead the selection and electrification of public schools. Ministry of Lands, Housing and Urban Development (MLHUD) is mandated to develop and manage policy and standards relating to land management, housing, and urban development and as such will play a pivotal role in land compensation aspects during project implementation. The Ministry of Gender, Labour and Social Development’s Directorate of Labour will be responsible for carrying out regular statutory inspections to ensure that good health and safety practices are upheld in the workplace, including for electrification activities. The Ministry of Finance Planning and Economic Development (MoFPED) as the borrower shall be responsible for ensuring that implementing agencies effectively implement the project working closely with the World Bank. The private sector players will be responsible for the provision of quality products such as solar and clean cooking technologies through support from the implementing agencies. Detailed roles that will be played by the different partners/contractors and their responsibilities are summarised in the Table 2.2 12 Table 2.2: Roles and Responsibilities of the Implementing Partners and Contractors Component Implementing E&S Roles and S.N Relevance to the EASP Partners/Contractors Responsibilities 1 2, 3, 4, 5 MoH/Health Centres MoH is mandated to do MoH will collaborate with policy review and UECCC in supporting off- development, supervision of grid electrification of health health sector activities, facilities in the project formulation and dialogue areas. Such form of with health development collaboration may include partners, strategic planning, development of a strategic setting standards and quality approach in identifying the assurance, resource priority health facilities and mobilisation, advising other providing administrative Ministries, Departments and support to UECCC. Agencies (MDAs) on health- related matters, and The Administration of the ensuring quality, health Health Centres will ensure equity, and fairness in that the contractors operate contribution towards the cost within the required E&S of health care. standards. 2 2, 3, 4, 5 MoES/Schools The MoES is mandated to MoES will collaborate with provide quality education UECCC in enabling off-grid and sports services in the electrification of education country, which are facilities. Such constitutional obligations for collaboration may involve the Ugandan State and communication with the Government. Its mission is priority education facilities "to provide technical support, about the project to obtain guide, coordinate, regulate administrative support. and promote quality education, training and The School Administration sports to all persons in of the respective project Uganda for national beneficiaries will ensure integration, development that the contractors operate and individual within the required E&S advancement." standards including protection of learners against abuse and exploitation. 3 1, 3, 5 MoLHUD The MoLHUD is mandated MoLHUD will be to develop and manage responsible for policy and standards relating administrative services 13 Component Implementing E&S Roles and S.N Relevance to the EASP Partners/Contractors Responsibilities to land management, relating to land acquisition, housing, and urban housing, and urban development. development during project planning and implementation. 4 1, 3, 5 MoGLSD The Ministry through its MoGLSD’s functions in Directorate of Labour (which relation to the EASP will be: is responsible for ensuring that employment administering the policies are in line with the Occupational Safety and country’s labour policies Health Act, 2006) carries out and guidelines; monitoring regular statutory inspections compensation for to ensure good health and occupational injuries and safety practices in the work diseases; mediating labour place, including for disputes; participating in electrification activities. conflict resolution; monitoring compliance with the labour standards; and ensuring that the equipment and technologies brought into the country comply with the desired safety and health standards. The Ministry will also oversee management of child protection and gender activities to address Violence Against Children (VAC), Sexual Exploitation and Abuse (SEA), Gender Based Violence risks and impacts. 5 1, 2, 3, 4, 5 Private Sector These include trade Private Companies such as Actors/Contractors associations for private the solar companies and companies in the renewable the clean cooking fuel and energy sector, professional technology companies that bodies and Non- promote quality-certified governmental solar products will be Organisations. supported in providing Off- grid market development The private companies in the for rural communities, renewable energy sector refugee and host have the responsibility to communities. source and provide quality electrical energy products Implementing agencies and services that are need to utilise professionals recognised by their respective umbrella 14 Component Implementing E&S Roles and S.N Relevance to the EASP Partners/Contractors Responsibilities resource efficient and not a associations and hazard to the users. subsequently in order to uphold the utmost level of The professional bodies act professionalism when as umbrella associations to participating the EASP bring together people in the activities. same professions for knowledge sharing and Other private sector players standardisation. such as the Civil Society Organisations will be key in Other interested groups ensuring community such as the Civil Society sensitisation and gathering Organisations have the acceptance of the EASP. responsibility of community engagements and advocating for an equitable and environmentally friendly energy sector. 6 All MoFPED The Ministry is responsible The Ministry will work for macroeconomic stability, closely with the World Bank which includes prudent fiscal to implement the bilateral management and ensuring financing modalities of the appropriate distribution of EASP; and also Government funds to provide efficient and Ensure that the effective delivery of services. implementing agencies The Ministry is responsible effect the Environmental for promoting and sustaining and Social Commitment transparency in addition to Plan (ESCP) in accordance administering the collection with the financing and utilisation of energy agreement of the EASP. revenues in line with the relevant laws. It is also tasked with ensuring appropriate management of revenues coupled with assessment and monitoring of impacts that accrue from monitoring the energy revenues on the economy. 7 3, 4 United Nations High UNHCR is mandated to EASP components 1 and 2 Commission for protect refugees, forcibly involve On-Grid and Off- Refugees (UNHCR) displaced communities and Grid electrification of public stateless people, and assist schools and Health Centres in their voluntary for the Refugees and repatriation, local integration Refugee host communities. or resettlement to a Third country. 15 Component Implementing E&S Roles and S.N Relevance to the EASP Partners/Contractors Responsibilities 8 All The World Bank The World Bank is a vital World Bank is the funding source of financial and agency for the EASP and technical assistance to will be responsible for developing countries around providing financial and the world such as Uganda, in technical support for a bid to reduce poverty and building capacity among support development. the implementing agencies to deal with environmental and social issues prior to implementation of the EASP. It will support MEMD in developing the ESCP for the project and support capacity building for implementing institutions, follow up on implementation of ESCP during Implementation support missions of EASP. 16 3.0 POLICY, LEGAL, REGULATORY AND INSTITUTIONAL FRAMEWORK In this section the Uganda policies, legal, regulatory and institutional frameworks for environmental and social management are discussed, and also the World Bank Environmental and Social Framework (ESF). 3.1 Relevant Policy Framework The relevant policy framework to the EASP are discussed in table 3.1 below Table 3.1: Relevant Policy Framework Policy Goal/Aim Relevance to EASP The Uganda The goal is to foster Socio-economic This vision recognizes the importance Vision 2040 transformation from a subsistence-based of the energy in socio-economic economy to an industrialized one. transformation thus the proposed Electricity Access Scale-Up Project (EASP) is in conformity to this vision. The Energy The main aim of the policy is to meet the EASP will be implemented in Policy for energy needs of Uganda’s population for conformity with this policy through Uganda 2002 socio-economic development in and management of energy related environmentally sustainable manner. The environmental, social, health and policy supported by other sub-policies safety impacts within the project including one for the renewable energy areas. sector and another for the petroleum sector. The Renewable The objective is to ensure that rural electricity Components 1, 2 and 3 of EASP will Energy Policy, production conforms to acceptable promote renewable on-grid and off- 2007 environmental standards. As part of the grid energy technologies. In policy objectives, the policy aims at specifically, the clean cooking mainstreaming poverty eradication, technologies in Component 2 will equitable distribution, social services and focus on clean cooking fuel and stand- gender issues in renewable energy alone solar systems for productive strategies. use. In addition, Components 1-3 will include gender interventions to ensure that the benefits of the project are equitably distributed among male and female beneficiaries National National Electrification Strategy (NES) aimed EASP is one of key interventions Electrification at sustainably and rapidly increasing national identified in the diagnostic study to Strategy electricity access using appropriate and cost- enhance access to energy in the effective technologies, as well as increasing country. productive uses of electricity and promoting energy efficiency in a more effective and sustainable manner 17 Policy Goal/Aim Relevance to EASP The National The goal of the policy is to ensure efficient, The policy addresses the need to Land Policy, equitable and sustainable utilization and mitigate the impacts of investments 2013 management of Uganda’s land and land- (such as those that will be attributed to based resources for poverty reduction, EASP) on land and other natural wealth creation and overall socio-economic resources to deliver equitable and development. sustainable development; and protect the land rights of citizens in light of such investments, including the rights of vulnerable groups. The National Provides a framework for prevention of As required by this policy, it is HIV/AIDS Policy, further spread of HIV and mitigation of the important that MEMD, REA and 2007 socio-economic impact of the epidemic UECCC as the implementing within the world of work in Uganda. It agencies have adequate measures to provides the principles and a framework for mainstream HIV/AIDS into the a multi-sectoral response to HIV/AIDS in proposed EASP interventions. Uganda’s work places. The National It provides for sustainable economic andAspects of Environmental and Social Environment social development, through a number ofRisk Assessment and Management Management strategies that include Environmental have been integrated into the project Policy, 1994 Assessments. with the objective of ensuring sustainability in the project interventions. The Uganda The goal of the Policy is to achieve gender This policy will especially apply to Gender Policy, equality and women's empowerment as an recruitment of construction labour 2007 integral part of Uganda's socio-economic workforce for component 1 of the development EASP activities, where women should have equal opportunity as men for the available jobs at all levels of the project. The recruitment process will be carried out in conformity with this policy. The EASP will contribute to the improvement in female entrepreneurship in distribution of products, and access to finance for equitable access to services and products provided under the project through the Financial Intermediation Component. The National It is aimed at increasing productivity, Employment to the EASP will be Employment competitiveness and employability of the carried out in line with this policy. Policy (2011) labour force, especially the youth and other most vulnerable members of the labour 18 Policy Goal/Aim Relevance to EASP force. It also aims at promoting and Furthermore, no child labour will be protecting the rights and interests of workers practiced. in accordance with existing labour laws and fundamental labour standards. The Uganda The policy was designed to enhance the The EASP project activities could National Culture integration of culture into national have an impact on both the intangible Policy, 2006 development. and tangible cultural heritage aspects, and therefore the necessary cultural resources safeguards would need to be put in place. The National This policy aims to manage and develop the The policy applies to component 1 of Water Policy, water resources of Uganda in an integrated EASP that may involve construction of 1999 and sustainable manner. The water policy distribution lines within or across the requires an integration of the water and water sources. Implementation of hydrological cycle concerns in all EASP components will be done in development programs conformity with this policy. The National The aim of the policy is to: “achieve The implementation of EASP Land Use sustainable and equitable socio-economic component 1 will entail restrictions on Policy, 2011 development through optimal land the use of the land and this will be management and utilization� carried out in conformity with this policy The Climate The Climate Change Policy 2013 promotes The EASP will promote reduction on Change Policy harmonized and coordinated approach dependence of wood fuel and hence 2013 towards a climate resilient and lo carbon promote the conservation of forests development for sustainable development. through promotion of clean cooking It promotes conservation of water, forests, technologies. EASP will be wildlife and fisheries in climate change implemented in conformity with this adaptation and mitigation measures policy. Forestry Policy, The Goal of the Policy is to ensure an Grid densification and expansion may 2001 integrated forest sector that achieves cross some of the forest reserves and sustainable increase in the economic, therefore the implementation of this social and environmental benefits from component under EASP will be done forests and trees by all the people of taking into consideration the Forestry Uganda, especially the poor and Policy and guidelines from the vulnerable. National Forestry Authority and District Local Governments that manage affected forest reserves. Universal The policy aims to increase access to The EASP will support the Secondary quality secondary education for electrification of priority educational Education (USE) economically vulnerable families. facilities across the country there by policy 2007 19 Policy Goal/Aim Relevance to EASP enhancing learning and retention of teaching staff. Universal Aim is the acquisition of literacy, numeracy, The EASP will support the Primary life skills and values for electrification of priority or selected Education (UPE) lifelong education and useful living. UPE schools. Policy 1997 National Child This policy is aimed at prohibiting Children may be enticed to the EASP Labour Policy, employment of children project areas is search of 2006 employment opportunities. The Project Coordination Unit will ensure child labour is not engaged by any of the project implementing agencies, partners or contractors. 3.2 Relevant Legislative Framework The key legislative framework relevant to the planning and implementation of EASP is presented in table 3.2 below. Table 3.2 Legislative Framework Relevant To the EASP Legislation Objective/goal Relevance to the EASP The Constitution This is the supreme law in the country The EASP ESMF outlines the of the Republic of and it, among other things, calls upon mechanisms for Environmental and Uganda, 1995 the Government of Uganda to promote Social Risk Assessment and mitigation sustainable development and public measures to ensure that EASP is in awareness of the need to manage, compliance with constitutional promote and protect the rational use of obligations. natural resources, in a balanced and sustainable manner for present and future generations. The Electricity Provides for regulation of generation, The EASP component 1 is aimed at Act, 1999 transmission, distribution, sale, export, increasing grid electricity access across import and distribution of electrical the country through distribution of energy in Uganda electricity to communities. The Land The Act spells out modalities that the Acquisition and restrictions on the use of Acquisition Act, Government has to follow for purposes land by the host communities of the Cap 226 of compulsory acquisition of land for EASP will be carried out within the public use whether for temporary or provisions of the Land Acquisition Act. permanent use The guidelines in the Resettlement Policy Framework (RPF) shall be closely adhered to during the lifetime of EASP. 20 Legislation Objective/goal Relevance to the EASP The National The objectives of the Act include: to The Act through its respective Environment Act, provide for the management of the schedules addresses electrification 2019 and its environment for sustainable projects among those that may be associated development; to provide for strategic subjected to environmental regulations. environmental assessment; and to assessments. This to a large extent address emerging environmental depends on the nature and scale of the management issues, among others projects. For example, electricity distribution lines of voltage 415 and below are exempted from environmental assessments. On the other hand, ESIAs are mandatory for electrical power transmission lines of more than 15km in length and electricity distribution lines of a voltage of more than 33kV. For power transmission lines of a length of between 10 to 15km, and for voltage distribution lines 11kV but up to a maximum of 33kV, project briefs are to be submitted. Also worth noting is that hazardous waste will be generated from project activities and particularly hazardous waste that includes used batteries and electronic waste that consists of mainly solar panels and electrical cabling. The waste will have to be addressed in line with the National (Waste Management) regulations of 1999. The Occupational This Act consolidates, harmonises and Potential hazards associated with the Safety and Health updates the law relating to occupational activities of EASP project components Act, 2006 safety and health. Section III of the Act jeopardise the safety and well-being of provides for duties, obligations and project workers as well as the project responsibilities of employers. Section VI host communities. This could for of the Act provides for duties, rights and example be attributed electrical responsibilities of workers. hazards, among some of the project hazards. Section 48 of the Act addresses safety aspect of electrical apparatus and states that: All electrical apparatus, fittings and conductors shall be sufficient in size and power for the work they are meant for and shall be constructed, installed, protected, worked and maintained to prevent 21 Legislation Objective/goal Relevance to the EASP danger, as far as is reasonably practicable. Therefore, project implementing agencies, contractors and project workers will have a duty to uphold safety and health standards in the work place and the communities in which they operate. The Public Health The objective is to provide local The EASP Implementing Agencies shall Act, Cap 281 authorities with administrative powers put in place measures to protect the to take all lawful, necessary and public’s health during project reasonable measures to prevent the implementation. Of particular occurrence of, or deal with, any significance is the issue of transmission outbreak or prevalence of any of the Covid-19 pandemic. infectious, communicable or preventable disease and to safeguard and promote public health. The Workers This law provides for compensation to Workers that are injured or ill due to Compensation be paid to workers (or their dependents) employment during the implementation Act, 2000 for injuries suffered and scheduled of the EASP, especially component 1 diseases incurred in the course of their will need to be compensated in line with employment. the Act. The Water Act, This law provides for the management Water may need to be abstracted for Cap 152 of water resources and the protection of use in some of the project activities and the water supply. It regulates public and so such use will be governed by the private activities that may influence the provisions of the Act. quality and quantity of water available for use and establishes the Water Policy Committee to maintain an action plan for water management and administration. It gives general rights to use water for domestic use, firefighting or irrigating a subsistence garden. A permit is required to use water for constructing or operating any works. Employment Act, Provides for the recruitment, Labour conditions and relations during 2006 contracting, deployment, remuneration, the implementation of EASP will be management and compensation of governed by the employment Act. In workers. Section 32 of the Act prohibits accordance with the Act and World Bank employment of children under 12 years. ESS2, EASP implementing partners and A child of 12-14 years can only be contractors shall ensure that children employed for light work under below the legal age requirement are not supervision of an adult and not during employed. Even under employment for school hours. The Act also prohibits light works that are possible at the project 22 Legislation Objective/goal Relevance to the EASP employment or work, which is injurious campsites, contractors shall ensure that to a child’s health, dangerous, children do not work beyond permitted hazardous or otherwise unsuitable. working hours and for a permitted time period. The most important consideration is that any piece of work should not jeopardize the health and wellbeing of a child. It is worth noting that there is no conflict between the Employment Act and ESS2. Both emphasize that work should not jeopardize the health, education, and morals of a child. The Local This Act provides for the decentralised The respective district local Government Act, governance and devolution of central governments in the host project districts 1997 government functions, powers and will be consulted and involved in the services to local governments that have implementation and monitoring of the their own political and administrative project activities in their areas. set-ups The Historical The main goal of the reservation and Archeological, paleontological, Monument Act, protection of historical monuments and ethnographical, traditional and historical Cap 46 objects of archaeological, monuments may be discovered as part paleontological, ethnographical and of project construction activities and traditional interest. It requires that any particularly where excavation work is person who discovers any portable involved. object in the course of an excavation shall surrender such objects to the Minister who shall deposit them in the museum. The Uganda The main goal of the Act is the There is a possibility that EASP project Wildlife Act, 2019 conservation and sustainable activities might be undertaken in areas management of wildlife. neighboring protected areas although efforts will be made to avoid routing of lines within such areas. Nevertheless, the provisions of the Wildlife Act will regulate the electrification of communities, refugee settlements and public institutions that are adjacent to protected areas such as wildlife and forest reserves. The National The objective of this policy is to foster Component 1 of the EASP may directly Forestry and Tree Conservation, sustainable management affect forests through which the grid Planting Act, 2003 lines may traverse. This will require getting permits especially where 23 Legislation Objective/goal Relevance to the EASP and development of forests for the gazetted forests (Central or Local Forest benefit of the people of Uganda reserves, Community or Private Forests) are encroached upon through densification and extension of grid lines. In non-gazetted forests, project implementation teams will negotiate with the owner(s) on the most appropriate means of restoration or compensation. The Refugee Act, The Act provides for the legal standards Component 2 of the EASP involves the 2006 and protection of Refugees in Uganda electrification of schools and health centers within the refugee settlements and their host communities. 3.3 International Conventions and Treaties ratified by the Government of Uganda (GoU) The key international conventions and treaties ratified by GoU that are applicable to the planning, implementation and monitoring of EASP are discussed in table 3.3. Table 3.3: Key International Conventions and Treaties Ratified by GoU that are applicable to EASP Convention/treaty Objective/Aim Relevance to EASP Convention on The three main goals of the convention are The EASP component 1 that Biological Diversity, conservation of biodiversity; sustainable use may affect protected areas and 1992 of biodiversity; and fair and equitable sharing the associated biodiversity will of the benefits arising from the use of genetic be implemented in line with this resources. convention. Convention on This convention seeks to ensure that This Convention will be relevant International Trade international trade in species of wild fauna and to prevention of poaching of in Endangered flora does not threaten their survival in the wildlife in wildlife conservation Species of Wild wilderness. areas imprinted by EASP project Fauna and Flora activities. (CITES) Convention on The Convention on Wetlands of International The implementation of EASP Wetlands (Ramsar, Importance, called the Ramsar Convention, is shall promote the conservation Iran, 1971) an intergovernmental treaty that provides the of wetlands and waterfowl in framework for national action and international case of project areas within cooperation for the conservation and wise use wetlands. of wetlands and their resources. The African Encourage conservation, utilization and This will be relevant to the Convention on the development of soil, water, flora and fauna for conservation, utilization and Conservation of the present and future welfare of mankind, development of soil, water, flora from an economic, nutritional, scientific, 24 Convention/treaty Objective/Aim Relevance to EASP Nature and Natural educational, cultural and aesthetic point of and fauna within the EASP Resources, 1968 view. project areas. The World Heritage The primary mission of the Convention is to The convention will be relevant Convention, 1972 identify and protect the world's natural to the protection of cultural and cultural heritage considered to be of heritage (if any) that may be Outstanding Universal Value. identified in the EASP project areas during project implementation. The Stockholm The objective of the declaration is to The declaration will be relevant Declaration, 1972 coordinate global efforts to promote in the management of sustainability and safeguard the natural environmental and social risks of environment. EASP. Bonn Convention, The objective of the Bonn Convention is the The EASP in line with this 1979 conservation of migratory species worldwide. convention will be mindful of the effects of it project that may be located along migratory routes. East African The objective of this protocol is to provide for The protocol will be relevant in Community Protocol EAC joint effort to co-operate in efficient and promoting efficiency and on Environment and sustainable use and management of natural sustainable use and Natural Resources, resources and promote adaptation to climate management of the natural 2006 change. resources in a way that promotes adaptation to climate change mainly through the use clean energy. The Nile Basin Objective of the agreement is to achieve The impact of EASP could have Cooperation sustainable socioeconomic development a ripple effect on some of the Nile Framework through the equitable utilization of, and benefit Basin riparian countries. Agreement, 2010 from, the common Nile Basin water resources. OAU Convention, Specifies the aspects of the Refugee problem The convention will be relevant 1969 in Africa. Who a refugee is, who is excluded for Component 2: Off-grid market from international protection, when refugee development for rural status ceases, the rights of refugees, their communities, refugee and host obligations and administrative matters. communities. The Paris Agreement The Paris Agreement requires all countries The EASP will be deploying both developed and developing to make clean technologies or low carbon significant commitments to address climate project interventions that are change through decreasing global warming critical for reversing the effects of described in article 2 of UNFCCC. climate change. 3.4 World Bank’s Environmental and Social Standard Applicable to EASP and Risk Classification In October 2018, the World Bank launched ten (10) Environmental and Social Standards (ESS) designed to help ensure that programs proposed for Bank Financing are environmentally and socially sustainable, and 25 thus improve decision-making. Table 3.4 outlines the ESS and their application to the Electricity Access Scale-Up Project (EASP). Table 3.4 World Bank Environmental and Social Standards applicable to EASP S.N Environmental Objectives Applicable? Reason and Social Y N Standard 1 ESS1:  To identify, evaluate and Y Project activities under all the Assessment and manage the environment 3 components of EASP will Management of and social risks and impacts have ES risks. Environmental of the project in a manner  Activities to increase and Social Risks consistent with the ESSs. access to electricity and and Impacts  To adopt a mitigation clean cooking solutions hierarchy approach. for individuals,  To adopt differentiated businesses, and measures so that adverse institutions are expected impacts do not fall to generate limited social disproportionately on the and environmental risks disadvantaged or and impacts that will be vulnerable, and they are not small in scale. disadvantaged in sharing  In areas where gender development benefits and discrimination is very opportunities resulting from common, the project may the project. widen the gender gaps  To utilize national when it provides environmental and social preferential opportunities Institutions, systems, laws, to men, leaving out regulations and procedures women. in the assessment,  Adverse social impacts development and such as Gender Based implementation of projects, Violence (GBV), Sexual whenever appropriate. Exploitation and Abuse  To promote improved (SEA), Child Abuse and environmental and social other forms of violence performance, in ways which against children, and the recognize and enhance transmission of Borrower capacity. communicable diseases such as HIV/AIDS on affected communities may also occur as a result of project activities, including labour influx and/or other socio- economic activities that are associated with a new 26 S.N Environmental Objectives Applicable? Reason and Social Y N Standard development project in the area.  The Environmental and Social Management Plan (ESMP), will guide on screening and any environmental and social assessments. 2 ESS2: Labor To promote safety and Y EASP will involve civil works and Working health at work. during grid densification and Conditions  To promote the fair construction of off-grid treatment, non- facilities. The project will have discrimination and equal direct workers, contracted opportunity of project workers, primary supply workers. workers and possibly  To protect project workers, community workers. including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate.  To prevent the use of all forms of forced labor and child labor.  To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law.  To provide project workers with accessible means to raise workplace concerns. 3 ESS3: Resource  To promote the sustainable Y  It is expected that during Efficiency and use of resources, including the project Pollution energy, water and raw implementation, limited air Prevention and materials. emissions will be Management  To avoid or minimise adverse generated from project impacts on human health and vehicular traffic in the 27 S.N Environmental Objectives Applicable? Reason and Social Y N Standard the environment by avoiding project areas, and fugitive or minimizing pollution from dust will be generated project activities. during the dry season.  To avoid or minimize project- Those most likely to be related emissions of short affected are workers and and long-lived climate communities living within pollutants. proximity of planned  To avoid or minimize distribution networks and generation of hazardous and off-grid facilities. The non-hazardous waste. relatively short-term and  To minimize and manage the small-scale nature of risks and impacts associated works suggests that noise with pesticide use. levels will not be excessive or cause long-term nuisance. The construction civil works will, however, present short-term nuisance at some of the project sites.  Construction workers’ camps will access different water sources in communities where they camp. This may have impact on community access to water and is likely to bring about conflicts and tension between the contractor and the communities.  Also worth noting is the hazardous and non- hazardous wastes that may be generate by project activities although these are to be managed in the lien with the waste management regulations. 4 ESS4:  To anticipate and avoid Y  The EASP civil works will Community adverse impacts on the health be undertaken in all and safety of project-affected components. This will 28 S.N Environmental Objectives Applicable? Reason and Social Y N Standard Health and communities during the include extension of Safety project life cycle from both gridlines in communities: routine and non-routine public infrastructure such circumstances. as schools, health centres,  To promote quality and safety, markets; and across and considerations relating to various settings (trading climate change, in the design centers, farms, etc.), and and construction of therefore ensuring infrastructure, including dams. affected communities’  To avoid or minimise health and safety community exposure to throughout the project-related traffic and road construction phase is safety risks, diseases and critical. hazardous materials.  Construction can disrupt  To have in place effective homesteads, community measures to address safety and health as well emergency events. as institutions such as  To ensure that the schools through emission safeguarding of personnel and of dust, noise, and property is carried out in a increased generation of manner that avoids or solid waste. In addition, minimizes risks to the project- chemicals used in affected communities. electricity distribution infrastructure networks might affect project affected persons. 5 ESS5: Land  To avoid involuntary Y No land acquisition is Acquisition, resettlement or, when expected under the project Restrictions on unavoidable, minimize since the establishment of Land Use and involuntary resettlement by on-grid networks will consist Involuntary exploring project design of planting and stringing of Resettlement alternatives. poles, which do not require  To avoid forced eviction land acquisition but might  To mitigate unavoidable cause damage to existing adverse social and economic trees and crops – the impacts from land acquisition Borrower will be required to or develop an RPF to address  Restrictions on land use by: any impacts on assets and (a) providing timely affected persons livelihoods. compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to 29 S.N Environmental Objectives Applicable? Reason and Social Y N Standard improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.  To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure  To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable displaced persons to benefit directly from the project, as the nature of the project may warrant.  To ensure that resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 6 ESS6:  To protect and conserve Y  This may be applicable Biodiversity biodiversity and habitats. where the distribution Conservation  To apply the mitigation lines traverse national and Sustainable hierarchy4 and the parks, forests and Management of precautionary approach in wetland areas. The ESIA Living Natural the design and and ESMMP will provide Resources implementation of projects mitigation measures to that could have an impact on ensure that project biodiversity. activities at these  To promote the sustainable protected areas if any management of living natural does not cause any harm resources. or alter habitat. 30 S.N Environmental Objectives Applicable? Reason and Social Y N Standard  To support livelihoods of local communities, including  The EASP components Indigenous Peoples, and will be designed to avoid inclusive economic traversing the forest development, through the reserves or wildlife adoption ofpractices that reserves. However, being integrate conservation needs a national project, it is and development priorities. expected that the ESS6 will be referred to during the electrification of communities, refugee settlements and public institutions adjacent to protected areas. Permits will be obtained to pass the distributions lines through the sensitive ecosystems. 7 ESS7:  To ensure that the Y Batwa and Ik communities Indigenous development process are present in the country and Peoples/Sub- fosters full respect for the might be affected by project Saharan African human rights, dignity, activities. - They are Historically aspirations, identity, culture, considered vulnerable and Underserved and natural resource based disadvantaged in Uganda Traditional Local livelihoods of Indigenous and as such, a Vulnerable Communities Peoples/Sub-Saharan and Marginalised Group African Historically Framework (VMGF) has Underserved Traditional been prepared to provide Local Communities. guidelines on how to avoid  To avoid adverse impacts of adverse impacts of the projects on Indigenous project on Batwa/Ik Peoples or when avoidance communities and ensure their is not possible, to minimize, access to services and mitigate and/or compensate potentially participation in for such impacts. high labour intensity works  To promote sustainable and other project benefits. development benefits and Project activities will not opportunities for Indigenous cause relocation or impact Peoples in a manner that is resources or cultural heritage accessible, culturally of Batwa/Ik groups appropriate and inclusive.  To improve project design and promote local support 31 S.N Environmental Objectives Applicable? Reason and Social Y N Standard by establishing and maintaining an ongoing relationship based on meaningful consultation with the Indigenous Peoples affected by a project throughout the project’s life cycle.  To obtain the Free, Prior, and Informed Consent (FPIC) of affected Indigenous Peoples in the three circumstances described in this ESS.  To recognize, respect and preserve the culture, knowledge, and practices of Indigenous Peoples, and to provide them with an opportunity to adapt to changing conditions in a manner and in a timeframe acceptable to them. 8 ESS8: Cultural  To protect cultural heritage Y  Being a nationwide Heritage from the adverse impacts of project, project activities project activities and support may occur in or near its preservation. culturally sensitive sites or  To address cultural heritage have an impact on as an integral aspect of people’s intangible cultural sustainable development. heritage.  To promote meaningful  Some of the notable consultation with cultural heritage sites stakeholders regarding include; the Tombs of cultural heritage. Buganda Kings at Kasubi,  To promote the equitable the tombs for the Bunyoro- sharing of benefits from the Kitara Kings at Mparo, the use of cultural heritage. Nyero Rock paintings site (a three tiered rock that shelters primitive paintings on their inner surfaces), among others. 32 S.N Environmental Objectives Applicable? Reason and Social Y N Standard  A Chance Finds Procedure will be developed and implemented to ensure EASP project work does not adversely affect these sites as part of the (ESMMP). 9 ESS9: Financial  To set out how the UECCC will Y ESS9 will be applicable to Intermediaries assess and manage Component 2 and 3. The environmental and social risks UECCC will develop and and impacts associated with implement an Environmental the sub-projects financed and Social Management through wholesale and direct System (ESMS) for effective lending practices. In its managing, and monitoring of wholesale role, the UECCC risks and impacts of sub- will extend lending to projects financed through Commercial Financial wholesale and direct lending Institutions (CFIs) (e.g., practices. commercial banks, micro- finance institutions, SACCOs) for on-lending to final beneficiaries (e.g., solar companies).  To promote good environmental and social management practices among UECCC and CFIs participating in the project.  To promote good environmental and sound human resources management among the UECCC and CFIs participating in the project. 10 ESS10:  To establish a systematic Y  Stakeholder engagement is Stakeholder approach to stakeholder crucial throughout the Engagement engagement that will help project cycle. and Information Borrowers identify  A Stakeholder Engagement Disclosure stakeholders and build and Plan (SEP) will be maintain a constructive developed to include relationship with them, in engagement with relevant directly affected 33 S.N Environmental Objectives Applicable? Reason and Social Y N Standard particular project-affected populations, including the parties. refugee populations and  To assess the level of their host communities, and stakeholder interest and Vulnerable and support for the project and to marginalised groups. enable stakeholders’ views to A Grievance redress be taken into account in mechanism (GRM) to project design and handle complaints by environmental and social project affected persons performance. regarding adverse,  To promote and provide temporary or permanent means for effective and project impacts will be put in inclusive engagement with place. project-affected parties throughout the project life cycle on issues that could potentially affect them.  To ensure that appropriate project information on environmental and social risks and impacts is disclosed to stakeholders in a timely, understandable, accessible and appropriate manner and format.  To provide project-affected parties with accessible and inclusive means to raise issues and grievances, and allow Borrowers to respond to and manage such grievances. 34 3.5 World Bank EHS Guidelines Applicable to EASP Components 1 and 3 of the EASP will involve power distribution to project beneficiaries and therefore the following World Bank EHS General Guidelines in table 3.5 below will be apply. Table 3.5: World Bank EHS Guidelines applicable to EASP WB EHSGs that Recommended measures will be applied and issue Terrestrial habitat Site transmission and distribution rights-of-way, access roads, lines, towers, and alteration substations to avoid critical habitat through use of existing utility and transport corridors for transmission and distribution, and existing roads and tracks for access Right of Way roads, whenever possible; 4 construction and Maintenance Installation of transmission lines above existing vegetation to avoid land clearing Avoidance of construction activities during the breeding season and other sensitive seasons or times of day; Revegetation of disturbed areas with native plant species; · Removal of invasive plant species during routine Occupation Health and Safety issues Only allowing trained and certified workers to install, maintain, or repair electrical equipment;. Live wire Deactivating and properly grounding live power distribution lines before work is performed on, or in close proximity, to the lines; Where maintenance and operation is required within minimum setback distances, specific training, safety measures, personal safety devices, and other precautions should be defined in a health and safety plan Working at height Testing structures for integrity prior to undertaking work; · on poles Implementation of a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement of fall protection equipment; and rescue of fall-arrested workers, among others; · Establishment of criteria for use of 100 percent fall protection (typically when working over 2 meters above the working surface, but sometimes extended to 7 meters, depending on the activity). The fall protection system should be appropriate for the tower structure and necessary movements, including ascent, descent, and moving 35 WB EHSGs that Recommended measures will be applied and issue from point to point; · Installation of fixtures on tower components to facilitate the use of fall protection systems; Provision of an adequate work-positioning device system for workers. Connectors on positioning systems should be Signs and other obstructions should be removed from poles or structures prior to undertaking work; · An approved tool bag should be used for raising or lowering tools or materials to workers on structures. Community Grounding conducting objects (e.g. fences or other metallic structures) installed near Health and Safety power lines, to prevent shock Electrocution Extensive public consultation during the planning of power line and power line right- of-way locations; Visual amenity Accurate assessment of changes in property values due to power line proximity; Noise and Ozone Burying transmission or distribution lines when power must be transported through dense residential or commercial areas Use of noise barriers or noise canceling acoustic devices should be considered as necessary. 3.6: Project Component Risk Classification Table 3.6 below specifies project component impact and risks classification. Table 3.6: Project Component Risk Classification Project Component Potential Impacts and risks Risk Classification Component 1: Grid Expansion and Connectivity i. Disruption of flora and Substantial fauna ii. Surface water contamination iii. Noise and Vibrations iv. Non-hazardous wastes v. Electronic waste vi. Electrocution vii. Violence against Children 36 Project Component Potential Impacts and risks Risk Classification viii. Gender based Violence Component 2: Financial Intermediation for Energy i. Electronic waste Low Access Scale up ii. Non-hazardous waste iii. Violence against Children iv. Gender based violence Component 3: Energy Access in Refugee Host i. Disruption of flora and fauna Substantial Communities ii. Surface water contamination iii. Noise and Vibrations iv. Non-hazardous wastes v. Electronic waste vi. Electrocution vii. Violence against Children viii. Gender based Violence Component 4: Project Implementation support and N/A N/A affordable modern energy solutions Component 5: Contingent emergency response i. Disruption of flora and Substantial foundation ii. Electronic waste iii. Electrocution iv. Violence against Children v. Gender based Violence vi. Disturbance of the Cultural heritage sites 3.7 Comparison of the World Bank ESS and the National Requirements The Ugandan policy and legal framework is generally consistent with the World Bank Environmental and Social Standards (ESSs) albeit some gaps. For example, the National Environment Act (NEA) 2019 requires consideration of both environmental and social impacts during project risk assessment and mitigation which is materially consistent with the ESS1. The ESS2 on Labour and Working conditions is aimed at ensuring health and safety of workers and to promote the fair treatment, non-discrimination and equal opportunity of project workers. Much as ESS2 is materially consistent with the Constitution, the Employment Act (2006) and Equal Opportunities Act (2007), there is weak enforcement of Ugandan laws leading to non-compliance by Employers and gender-based discrimination at the workplace to the extent that some jobs such as construction of low voltage (LV) and medium voltage (MV) power lines are dominated by men. A detailed comparison of the Uganda’s national environmental and social requirements and the World Ban k Environmental and Social Standards (ESS) is presented in Annex 1. 37 3.7 Institutional Framework Three government institutions/agencies will be the main implementers of the proposed Electricity Access Scale-up project namely: Ministry of Energy and Mineral Development (MEMD), Rural Electrification Agency (REA), and Uganda Energy Credit Capitalisation Company (UECCC). These may collaborate with other government institutions/agencies and/or private sector actors in implementing the project. For instance, UECCC will collaborate with Ministry of Health and Ministry of Education and Sports in implementing relevant sub-components of EASP. The roles and responsibilities of the three key implementing institutions/agencies as well as other collaborators in the management of environmental and social risks and impacts related to the proposed EASP are outlined in Table 3.7. Table 3.7 Institutions; their Roles, Responsibilities and Relevance to the EASP S/ E&S Roles and Agency Relevance to the EASP N responsibilities 1 MEMD The Ministry is responsible The Health, Safety and Environment unit (HSE) unit for the formulation and at the MEMD will ensure smooth implementation of implementation of energy the EASP by the various implementing agencies related policies and projects under the project. The unit will ensure that the including establishment and required instruments for managing E&S risks are supervision of agencies in prepared and implemented including: ESCP, ESMF, the energy sector. RPF, SEF, ESIAs, ESMMPs and RAPs. The ESIAs and ESMMPs will be prepared once the project locations have been identified but before commencement of implementation of the components. In addition, the human resource unit of MEMD will oversee the management of social aspects under its jurisdiction such as adherence to labour and working conditions and HIV/AIDS. 2 REA The mandate of REA is to REA will implement two sub-components (1 and 3) to facilitate the government’s facilitate rapid scale-up of electricity connections for goal of achieving rural households, commercial, and industrial users electrification. through network expansion, strengthening and service connections. REA will implement on-grid electricity access activities, including planning, coordination, and implementation support. The E&S Unit under REA will oversee the planning, implementation and management activities for environmental and social risks and impacts related to EASP as stipulated in the ESCP. 38 S/ E&S Roles and Agency Relevance to the EASP N responsibilities 3 UECCC The main mandate of UECCC will implement Component 2, 3, and 4 as UECCC is to facilitate described in project description. investments in Uganda’s renewable energy sector, UECCC will support the electrification of public with a particular focus on institutions (e.g. Health facilities and schools) by enabling private sector private sector energy service providers under participation. Its main performance-based contracts. objective is to provide UECCC relies on MEMD for support on E&S risks and financial, technical and impacts management. EASP will support building of other support for renewable UECCC’s capacities in the management of E&S energy projects and aspects for effective monitoring risks and impacts programmes. related to subprojects financed through wholesale and direct lending practices. The World Bank ESF requires the UECCC (as financial intermediary) to develop and implement an Environmental and Social Management System (ESMS). For wholesale lending activities, the UECCC will continue using the same ESMS established under the Energy for Rural Transformation Phase III Project (ERT-3) (P133312). However, implementation of direct lending activities will only be allowed after the UECCC has established an expanded ESMS satisfactory to the World Bank. 4 OPM The mandate of the office of Component 2 and 3 of the EASP involve the the prime minister is to instil electrification of schools and healthy centres for the and maintain efficient and refugees and refugee host communities. effective systems in government that enable Uganda rapid development of Uganda. Commercial The participating CFIs(e.g., CFIs will participate in the implementation of Financial commercial banks, micro- Component 2, 3, and 4 as described in the project Institutions finance institutions, description. CFIs benefiting from project funding will (CFIs) SACCOs) will provide on be required to provide a statement of compliance with lending to companies World Bank’s environmental and social safeguards offering stand-alone solar requirements. and clean cooking solutions, as well as efficient appliances and productive use equipment. 39 S/ E&S Roles and Agency Relevance to the EASP N responsibilities Contractors The Contractors in the Private Companies such as the solar companies and renewable energy sector the clean cooking fuel and technology companies that have the responsibility to promote quality-certified solar products will be source and provide quality supported in providing Off-grid market development electrical energy products for rural communities, refugee and host communities. and services. EASP subprojects and their sub - contractors will also be required to employ Environmental and social safeguard specialists to support monitor and report on the ESMF to the respective PIUs on their subprojects Supervision/ Supervision and verification All contracts/agreements with solar project verification consultants supervise and developers and or contract workers will include EHS consultants monitor projects on behalf of routine progress/monitoring reporting aspects in their Project Implementation agreements with the participating financial Institution Units. The consultants have lending the project fund. skills and experience to monitor and supervise PIUs Environmental and Social safeguard specialist ESHS risks. of implementing Agencies shall perform quarterly spot checks and field visits on sub-projects to verify authenticity of reports submitted by sub-projects and supervision/verification consultants. 40 4.0 BASELINE ENVIRONMENTAL AND SOCIAL CONDITIONS Introduction This chapter gives details about the environmental and social concerns within the country. This information is important in monitoring the impact of the project within the project areas if need arises and furthermore, this information is important in informing decisions aimed at reducing or mitigating the current existing issue. 4.1 Project Location EASP will be a National-wide project and thus, the rationale for selecting project areas will be devised by the respective PIUs under its implementation however, the refugee host communities are already known as shown in figure 4.1. More details on the refugee districts are presented in Table 4.1. Figure 4.1: Refugee Settlement Districts in Uganda (Source: Atari, Odwa &Mckague 2019). 41 4.2 Biological Environment 4.2.1 Forest cover One of the leading environmental challenges Uganda currently faces is deforestation. Uganda has continued to experience forest loss at an unprecedented scale as indicated by a reduction of forest cover from 24% in 1990 to 8% of the total land cover in 2019. There are currently 506 Central Forest Reserves (CFRs) in Uganda under the management of the National Forestry Authority (NFA). With over 90% of the household in Uganda deriving energy from woody biomass and charcoal for cooking, the pressure exerted on forests and other associated forest losses is likely to increase. Although the country has an established environmental management framework that is supposed to avert the effects forestry degradation, substantial efforts are still required for effective results to be realised. There are a number of tree planting initiatives that have been undertaken countrywide focusing on increasing forest cover such as the Sawlog Production Grant Scheme (SPGS), which provides grants to promote the planting of forests by private individuals as a way of easing pressure on the forestry stock in the existing central forestry reserves. Increased electricity access to households, commercial and industrial users, public institutions in the rural areas, refugee settlements, peri- urban and urban areas as envisaged in the EASP should result in a reduction on reliance on forests for meeting energy requirements. 4.2.2 Uganda’s wetlands Uganda is host to a number of wetlands of international importance. However, over the years, the country’s wetland cover has reduced due to wetland degradation. Over 80% of Ugandans are involved in agriculture and 69% rely on subsistence farming and are heavily dependent on wetlands. As a result of the increased use of wetland areas, there has been an increase in the frequency of wetland degradation mainly by encroachers. EASP through productive use for solar energy presents an opportunity to shift farming practices from wetlands by providing water for production to intended beneficiaries such as farmer through solar- operated irrigation systems/schemes. 4.2.3 Climate change Uganda continues to experience the effects of climate change in the form of deteriorating snow cover on Mount Rwenzori, extreme weather events such as floods and landslides, all of which have destroyed property and claimed lives of many Ugandans as well as affected the associated livelihoods. Uganda launched its National Climate Change Policy in 2015 and submitted its Nationally Determined Contributions (NDCs) or propose greenhouse gas emissions reductions to the United Nations Framework Convention on Climate Change in 2018. The EASP will contribute greatly to climate change mitigation through the investment in clean energy technologies under the project will as well reduce over reliance of fossil fuel for the SMEs with access to funding for the technologies being made available to private investors. 42 4.3 Socio-economic Environment 4.3.1 Population According to 2019 estimates, the population of Uganda is around 44.27 million with 84% of the population living in rural areas. Uganda is an ethnically diverse country with the Baganda making up 16.9% of the population, followed by the Banyankole, Basoga and Bakiga tribes, which make up 9.5%, 8.4% and 6.9% respectively. There are many other tribes however, they constitute a very small percentage of the total population. The population size is a reflection of the number of people that are likely to be impacted by the project. The appropriate number of beneficiaries from the EASP will be determined upon the confirmation of the project areas within which the project will be implemented. 4.3.2 Employment According to 2016/17 Uganda National Household Survey (UNHS), Uganda’s working age population stood at 19,104,000 of which 78.8 % were working. The largest proportion of the population (65%) being employed in agriculture. The rest are engaged in trade, manufacturing, transport etc. Women made up 44.4 % of the working population. The EASP will enhance electrification of the project areas both Grid and off-grid and it is hoped that stimulate investment and thereby creating jobs especially for women and youth. 4.3.3 Refugee Influx Uganda is ranked third in the worlds in terms of the number of refugees hosted by a given any given country. The areas hosting refugees (see table 4.1) have unique challenges in terms of inadequate water supply, limited energy for cooking, poor road networks, lack of extension services, in adequate health services, remoteness, access to social services and a host of others. The aforementioned factors and particularly those pertaining to resource scarcity have tended to create tension between refugees and their host communities. Components 2&3 of EASP will enable UECCC through the IDA18 Refugee sub-window to support electrification of schools and health centers for refugees and refugee host communities. Table 4.1 Summary of the Refugee status in Uganda (UNHCR, 2020) District Percentage Population of refugees Yumbe 16.6 231,395 Adjumani 15.3 212,710 Arua 13.0 180,860 Isingiro 9.5 132,387 Obongi 8.8 122,238 Kyegegwa 8.7 121,106 Kikuube 8.5 118,040 Kampala 5.6 78,501 Kamwenge 5.2 71,707 Kiryandongo 4.7 64,777 Lamwo 3.8 52,547 Koboko 0.4 5,393 43 4.3.4 Vulnerable and marginalised groups in Uganda In Uganda, there are four (4) groups of persons that have been identified as satisfying the international criteria for the identification of indigenous peoples. These include the Batwa, Benet, Tepeth and the Ik. These people have historically suffered, and continue to suffer disempowerment and discrimination on economic, social and cultural grounds. Their livelihood is threatened mainly by the dwindling access to land and natural resources on which they depend either as pastoralists or as hunter-gatherers. It should be emphasised, however, that although the law in Uganda does not expressly recognise these, it makes provision for addressing some of the negative effects arising from ethnic vulnerability and imbalances. The EASP will therefore devise measures for inclusion of the groups of people categorised as vulnerable and marginalised in its project activities. 4.3.5 Land tenure and land use in Uganda In Uganda, land can either be owned in perpetuity or for a given period of time. The Land Act (1998) identifies four forms of land tenure systems in Uganda which include; Customary, Leasehold, Freehold and Mailo. The mailo land tenure system is similar to the freehold except that for the former, the occupants are obliged to pay an annual nominal ground rent. Although Uganda’s statutory laws grant men and women equal rights to land and other property regardless of their marital status, application of these laws has not supported equitable distribution and benefits. This is partly due to weak institutional capacity of the legal system, particularly in rural areas, that hampers effective enforcement and administration of the laws (ICRW, 2011). Practices around marital property and inheritance, in particular, continue to be dominated by customs that impose serious constraints on women’s ability to own and control land resources. These customs limit the user rights of land by women to their relationships with the male family members (heads), thereby making their user rights secondary to those of the men (heads) who tend to have rights to land as a right at birth. Women are also vulnerable to land grabbing, and denial of land rights is usually exacerbated by events such as the loss of a spouse or parent. In consideration of this situation, it will be important during the implementation of the EASP especially during the compensations for way leaves or land takes that may occur therein to support equitable benefits among male and female members of households from compensations for land and crops. The consent of both women and men of the households will be sought prior to compensation in order to ensure that the opinions and views of the women and other vulnerable family members are considered in the management of project displacement impacts. 4.3.6 Energy access and its usage in Uganda According to the Uganda Bureau of Statistics (UBOS) 2017 report, two thirds (64%) of households in Uganda used firewood for cooking while (30%) of households used charcoal. Therefore, at 94%, biomass fuel accounted for the largest share of cooking fuel used by households in Uganda. The other sources of energy used for cooking (electricity, kerosene, gas, etc.) accounted for only 6%. There were variations by residence whereby 96% of households in rural areas used biomass fuels compared to 89% of households in urban areas. The majority of households in urban areas used charcoal for cooking (66%) compared to households in rural areas (16%). Ten percent (10%) of households in urban areas also use other sources of energy for cooking (electricity, kerosene and gas). The EASP will through grid and off grid connections aim to increase access to clean energy. 44 4.3.7 Health Health facilities in Uganda include Hospitals and Health Centres (IV, III and II). The health facilities are unevenly distributed across the regions of the country, whereby 45 percent of the health care facilities are located in the central region. The western region has the highest number of Regional Referral Hospitals and Health Centre IVs while the Eastern region has the highest number of Health Centre IIIs. Between 2016/17 and 2017/18, there was a reduction in the number of Health Centre IIs and General Hospitals while there was a six-fold increase in the number of clinics. It is worth noting that most of the facilities remain poorly equipped with some having no access to grid electricity or reliable off-grid electricity solutions. It is not uncommon to read about stories of health workers having to use the lights on their mobile phones whilst carrying out life-saving medical procedures. According to the National Budget Framework Paper for FY 2019/2020, the budgetary allocation to the health sector for the FY 2019/2020 stood at 8.9% as a share of the national budget for FY 2019/2020. Also, worth noting was that 54% of the budget for the sector was to be bridged through Development partner support. 4.3.8 Education The education system of Uganda is comprised of an early childhood programme that caters for children aged 3-5 years (pre-primary education), followed by seven (7) years of primary education, four (4) years of Ordinary Level secondary education, two (2) years of Advanced Level secondary education and the final tier is three (3) to five (5) years of Tertiary education. Each level is nationally examined with certificates awarded. The country has about 20,305 primary schools and 2,995 secondary schools. Primary education is the largest sub-sector of education in Uganda in terms of enrolment, human resource requirements and the budget. Secondary Education is the second largest sub-sector of education in the country. Secondary education is provided through a network of schools comprising of three types (i.e. Government owned, private sector owned and community owned). Government schools comprise of a mix of schools established by government and grant aided schools that were once community owned but have been taken over by government. Private secondary schools are founded and owned by private individuals, community, religious bodies or NGOs. There are also a very small number of international schools that deliver foreign curricula. Business, Technical, Vocational Education and Training (BTVET) is an integral part of Post Primary Education and Training (PPET). It constitutes both the second and third levels of the education system. The BTVET second level education system is comprised of those technical and farm schools that are at the secondary school level (i.e. those that admit Primary seven school leavers), while the third level BTVET education system comprises of those institutions which admit “O� level as well as “A� level secondary education leavers. The tertiary education level in Uganda is comprised of two categories: namely degree awarding universities and ‘other tertiary institutions’ (i.e. the technical subsector which offers diplomas and certificates). Both Universities and “Other tertiary Institutions are further categorised into public and private. While public universities/ institutions are established by an Act of Parliament, private universities/Institutions are chartered, licensed or unlicensed. The duration of tertiary education ranges from two to five years depending on the duration of the course enrolled for. The EASP will electrify public schools and tertiary institutions with stand- alone solar systems to improve their operations. It is also expected that graduates from the vocational and technical institutes will get employed in various project activities such as wiring and, construction of medium and low voltage power lines. 45 4.3.9 Crime, Fire Emergency and Road safety 4.3.9.1 Management of Crime in Uganda The management of crime in Uganda is the responsibility of the Justice, Law and Order Sector (JLOs) that includes institutions that are mandated to administer justice and maintain law, order and human rights. These institutions include; Ministry of Justice and Constitutional Affairs (MOJCA). Ministry of Internal Affairs (MIA), The Judiciary, Uganda Police Force (UPF), Uganda Prison Service (UPS). Directorate of Public Prosecutions (DPP), Judicial Service Commission (JSC), The Ministry of Local Government (Local Council Courts), The Ministry of Gender, Labour and Social Development (Probation and Juvenile Justice), The Uganda Law Reform Commission (ULRC), The Uganda Human Rights Commission (UHRC), The Law Development Centre (LDC), The Tax Appeals Tribunal (TAT), The Uganda Law Society (ULS), Centre for Arbitration and Dispute Resolution (CADER), and The Uganda Registration Services Bureau (URSB). 4.3.9.2 General Crime Trends in Uganda The UPF prepares the Annual Crime and Traffic/Road Safety Reports that are published around May to July of each year. The crime trends for the period 2013 to 2018 are as shown in Figure 4.2. According to the UPF, the year 2018 saw a decrease in the volume of crime by 5.2%, where 238,746 cases were registered compared to 252,065 cases registered in 2017 (UPF 2017 & 2018). Cases taken to court in 2018 were 73,035 and of these, 22,263 cases secured convictions; 1,248 cases were acquittals; and while 90,763 cases were still under inquiry by the end of the year. There was however an increase in homicide, sex related crimes, break-ins, robbery, political/media crimes and narcotic cases. The electricity connections component will attract a high number of migrant workers and could potentially increase crime in the project areas. The EASP PIUs shall develop crime prevention and management plans and work with the UPF in apprehending suspects. Crimes(general) 260,000 255,000 Frequency 250,000 245,000 240,000 235,000 2013.5 2014 2014.5 2015 2015.5 2016 2016.5 2017 2017.5 2018 2018.5 Year Figure 4.2: General crime trends in Uganda from 2014 to 2018 (source: Uganda Annual crime reports for 2014 to 2018) 4.3.9.3 Cybercrime Trends in Uganda 46 Computer or internet-based crimes were at their lowest number (104) in 2014 (Figure 4.3.) The peak in of cybercrimes (210) was recorded by the UPF in 2015 and this dipped to 106 cases in 2016. There seems to have been an upward trend in cybercrimes from 2016 onwards. Cybercriminals may pose a higher risk to the Financial Intermediation component under UECCC and other EASP components that may involve online transactions. A Cyber risk assessment will be undertaken and prevention and control measures shall be developed prior to project implementation. Cybercrime 250 200 Frequency 150 100 50 0 2013.5 2014 2014.5 2015 2015.5 2016 2016.5 2017 2017.5 2018 2018.5 Year Figure 4.3: Cybercrime Trends in Uganda from 2014 to 2018 (Source: Uganda Annual Crime reports for 2014 to 2018) 4.3.9.4 Fire Emergency Trends in Uganda There was a 7.3% decrease in fire emergencies handled by Police between 2017 and 2018 ( Figure 4.4). This was explained by the increased fire safety sensitisation and public awareness campaigns throughout the year 2018 (UPF, 2018). Fires, and particularly the electrical related ones, are an aspect that will have to be taken into account as part of EASP implementation activities. Particularly worth noting is that there have been a number of fire outbreaks in boarding schools in Uganda and so the necessary safeguards will have to be put in place when extending electricity to such institutions and other facilities to which electricity will be extended. 47 Fire Emergencies 1,800 1,600 1,400 1,200 Frequency 1,000 800 600 400 200 - 2013.5 2014 2014.5 2015 2015.5 2016 2016.5 2017 2017.5 2018 2018.5 Year Figure 4.4: Fire Emergency Trends in Uganda from 2015 to 2018 (Source: Uganda Annual Crime reports for 2015 to 2018) 4.3.9.5 Crash Trends in Uganda A review of the road accident crash report for Uganda as produced by the UPF revealed a 3.0% reduction in the number of crashes reported in 2018 compared to 2017 ( Figure 4.5). Fatal crashes however increased by 4.7% although serious crashes reduced by 6.8% between 2017 and 2018 (UPF, 2018). In the context of EASP, where project vehicles and construction vehicular traffic will be operated, it is recommended that project specific traffic and road safety plans targeting major causes of accidents such as over speeding, drink driving, and incompetent drivers are implemented. Crashes 20,000 18,000 16,000 14,000 Frequency 12,000 10,000 8,000 6,000 4,000 2,000 - 2013.5 2014 2014.5 2015 2015.5 2016 2016.5 2017 2017.5 2018 2018.5 Year 48 Figure 4.5 Crashes From 2015 to 2018(Source: Uganda Annual Crime reports for 2015 to 2018) 4.3.10 Uganda Economic Outlook According to the African Development Bank, Uganda’s economy registered strong growth in 2019 estimated at 6.3%. This was largely attributed to growth in the services sector at 7.6%, which has been a major driver of development. However, in light of the COVID-19 pandemic, Uganda’s economic growth rate for the FY 2019/20 has been revised downwards from 6% to about 3%. It is also anticipated that the services sector will be the most severely affected by the downward trend in growth and this will likely have an impact on all sectors of the economy including the EASP project beneficiaries and contractors whose economic standing may not be as sound due to loss of income generating opportunities or disruption of livelihoods brought about by the Covid-19 pandemic and its associated lockdown of the aspects of many aspects of the Ugandan economy. 4.3.11 Uganda’s Government Structure The governance structure in Uganda is constituted of both the central and local government structures. The central government in itself is comprised of three arms (Figure 4.6) that is: the Executive headed by the President; the Parliament being headed by the Speaker; and the Judiciary that is headed by the Chief Justice. The local government structure on the other hand is constituted of five levels of the local governments know as Local Councils (LCs) 1, 2, 3, 4 and 5. Within the urban setting, the local governments are comprised of: Wards, Divisions, Municipalities and City Councils. The EASP will leverage the existing central government and local government structures while implementing its activities. Republic Executive Legislature Judiciary Vice Prime Margistrates Court of Surpreme President Cabinet Parliament High Court President Minister court Appeal Court Figure 4.6: The Three Arms of The Uganda Government 49 5.0 STAKEHOLDER CONSULTATIONS AND ENGAGEMENT To gather views on the potential benefits, design, scope, risks and mitigation measures for the proposed Electricity Access Scale-Up project (EASP), stakeholders from sixteen (16) institutions were consulted. The consultations were carried out as part of project preparation. The stakeholder engagements guided the preparation of EASP safeguards documents such as this Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF), Stakeholder Engagement Framework (SEF), Vulnerable and Marginalised Group Framework (VMGF) and Environmental and Social Commitment Plan (ESCP). As such, most of the chapters in this ESMF have been informed by the input from the stakeholder engagement process. Further consultations will be undertaken during the development of the Environmental and Social Management System (ESMS) for Component 2 of the EASP, preparation of the Environmental and Social Impact Assessments (ESIAs), and Resettlement Action Plans (RAPs) for component 1 and 3 of the project. Also, it is worth noting that in light of the COVID-19 pandemic, there are a number of concerns especially those concerning the Environment-Health nexus that may have since come to the fore and may add a new perspective to some of that were initially put forward by the respective stakeholders. 5.1 Stakeholders engaged The respective stakeholder that were consulted are summarised in Table 5.1. A total of 73 individuals participated in the consultations and of these, 40 (54.8%) were men and 33 (45.2%) were women. The stakeholder consultation meeting attendance lists are presented in Annex 2. Table 5.1: Summary of Stakeholders Engaged During Preparation of the ESMF S/N Institution Male Female Total 1 Office of the Prime Minister (OPM) 3 1 4 2 Ministry of Lands, Housing and Urban Development (MLHUD) 3 5 8 3 Ministry of Gender, Labour and Social Development (MGLSD) 8 5 13 4 Ministry of Tourism, Wildlife and Antiquities (MoTWA) 3 1 4 5 National Forestry Authority (NFA) 3 4 7 6 Uganda Wildlife Authority (UWA) 1 1 2 7 Uganda Electricity Transmission Company Limited (UETCL) 2 2 4 8 Department of Museums and Monuments (DMM) 5 2 7 9 Uganda Solar Energy Association (USEA) 1 1 2 10 FENIX International 2 0 2 11 Ultra Tech 0 1 1 12 Village Power 1 0 1 13 Kombasco Tech 1 0 1 14 Uganda Energy Credit Capitalization Company (UECCC) 1 5 6 15 United Nations High Commission for Refugees (UNHCR) 3 2 5 16 Deutsche Gesellschaftfür Internationale 3 3 6 Zusammenarbeit (GIZ) Total 40 33 73 50 5.2 Summary of key issues raised by EASP Stakeholders Upon presentation of the project scope and progress of the project preparation process, several valued design, environmental and social components (VESCs) were identified to be associated with the EASP by the stakeholders. The issues raised on the VESCs and the recommendations for escalation of positive impacts and the mitigation of adverse impacts are presented in Table 5.2. A detailed matrix of issues raised by the stakeholders is provided in Annex 2. Table 5.2: Summary of Key Issues Raised by EASP Stakeholders S.N Valued Design, Recommendations and comments Environmental and Social Component (VESC) 1 Project Design 1. The Project Implementation Units (PIUs) to engage the Uganda Wildlife Authority (UWA) during the design of any power transmission lines likely to traverse through Protected Areas to avoid impacting on critical habitats such as breeding grounds and nesting sites. 2. Follow the mitigation hierarchy i.e. Avoidance (divert the lines), Minimize (bury the cables, painting poles in green colours, choosing the best routing options, avoid the existing tourism routes, use the off-grid infrastructure that blends with the National Parks, work with UWA during the design phase for the grid expansion and densification component), and follow UWA Guidelines for the design of Biodiversity Offsets. 3. Connect power to Queen’s Pavilion at Queen Elizabeth National Park. 4. UWA is planning the Cable Car at Mt. Rwenzori NP and will require power. 5. Alternative project designs should be explored to ensure that the project does not adversely impact the tourist value of the protected areas. 6. The design of clean cooking technologies should be aligned with the culture of the people, for example, firewood is considered the best for steaming food and roasting meat. 7. Livelihood options should be proposed by the affected households and involve the Physically Displaced Persons (PDPs) in the design of the resettlement houses that may be required for the EASP. 8. Align the components under the EASP with another World Bank financed Forest Landscape Project , especially on the clean cooking and firewood sub-components to ensure synergies and avoid duplication of resources and efforts. 9. Assess the characteristics of the middle income electricity consumer and use it in the design of the EASP. 51 S.N Valued Design, Recommendations and comments Environmental and Social Component (VESC) 10. The design of the Electricity Access Scale-Up Project (EASP) and the Development Response to Displacement Project (DRDIP) should be aligned to ensure synergies and avoid institutional conflicts since both projects are financed by World Bank and target refugee host communities. 11. Clear implementation modalities of the refugee component should be developed in partnership with the Office of the Prime Minister, UNHCR and District Local Governments prior to project implementation. 12. Projects with multiple Implementation Units have a risk of implementation delays and conflicts. These risks should be managed. 13. DRDIP and NUSAF uses the District Local Governments as the key implementation centres with support from the mandated MDAs. The PIUs were encouraged to use the same pre-existing structures for effective project implementation of the EASP. 14. Buy Uganda and Build Uganda (BUBU) should be factored in the design and implementation of EASP to escalate the intended benefits. 15. EASP should be designed to cater for power for production and upcoming growth centres in Uganda. 2 ESIA Studies Ensure that ESIA studies undertaken and approvals granted prior to project implementation. 3 Influx of Labour, and 1. EASP to develop a Labour Force Management Plan to ensure Working Conditions workers are given contracts, have descent and safe working conditions and are allowed to bargain collectively. 2. Document the number of jobs and quality (casual, semi-skilled and skilled labour) that will be created by EASP. 3. The project should employ locally available labour and expertise to the greatest extent. 4. Document the jobs created by the EASP so that the impact of the project can be further emphasized. 5. EASP should use the existing labour force management frameworks e.g. District Labour Officers. 6. Undertake skilling of the rural people in order for them to participate in the project. The PWDs, Youth, Women, and Girls should be trained to take up off-grid project opportunities. 7. Sourcing for Contractors should be done locally and fairly especially for off-grid projects. 52 S.N Valued Design, Recommendations and comments Environmental and Social Component (VESC) 8. The project should put in place measures to avoid Gender Based Violence (GBV) and Violence Against Children (VAC). 4 Health and Safety of 1. The PCU and PIUs to work with the Department of Occupational workers and Safety and Health (DOSH) in the monitoring and supervision of communities contractors to ensure workers’ and community health and safety are properly managed during EASP implementation. 2. Infrastructure such as schools, water supply schemes and health centres should be designed with participation of both host communities and the refugees to ensure that the infrastructure is sustained after the refugees have been repatriated. 5 Energy efficiency and 1. Survey on affordability and assessment of the energy mix should quality of solar be undertaken. equipment 2. The use of digital equipment, e.g. mobile phones should be enhanced in northern Uganda to enhance solar energy uptake. 3. EASP to study the DRDIP energy and environmental component in order to build synergies. 4. The Uganda National Bureau of Standards (UNBS) should be engaged for Quality Assurance of solar systems to avert the increasing poor quality of solar systems in the market. 6 Loss of Land and 1. Where necessary, the PIUs should acquire land (Right of Way) Restrictions in Land prior to project implementation. Use 2. Adequate and timely compensation should be provided to project affected communities. 3. Cut-off dates should be communicated earlier to the Project Affected Communities. 7 Environment, 1. Electricity expansion and connection component should not be Biodiversity and Natural implemented among communities that encroach/occupy Resources protected areas as this may legitimize their illegal occupation. Management 2. Natural resources, wildlife, Forestry and Biodiversity Experts should be part of the ESIA studies especially for sub-components that traverse protected areas such as Forest Reserves and National Parks. 3. There is a potential risk of electronic waste being generated. EASP should include E-waste management strategies in the ESMF. 4. Reuse, and recycling of waste is being undertaken by the USEA members. 8 Vulnerable and 1. The vulnerable groups were identified as female-headed Marginalised Groups households, people with disabilities (PWDs), the elderly, child headed households, women at risk, and people with diseases. 53 S.N Valued Design, Recommendations and comments Environmental and Social Component (VESC) 2. The Batwa, Ik and the Benet were also recorded among the marginalized communities in Uganda. The people who live in Islands were also identified as marginalized. 3. Consider installing the Water Supply Systems as was done in Ayilo 1 and 2 in Adjumani District to reduce the distance trekked by refugees to fetch water. 4. The UNHCR has over 140 Solar hybrid pumping stations that require back-up that could benefit from EASP. 5. Consider the refugee camp as a nucleus for Component 3 or the project be designed to cater for the Refugee Host District. 6. Consider solar lighting for dark spots in the refugee settlements and host communities. 7. Study the viability of all existing clean cooking and energy technologies. 8. Consider increasing the grant component to enhance the services to the refugees. 9 Physical and intangible 1. Engage the Department of Culture at MoGLSD to develop the Cultural heritage capacity on culture management during EASP. 2. Always engage the Department of Culture in advance to avoid emergency response when cultural aspects impede project activities. 3. Engage caretakers of the intangible sites. 4. Work with the Local Leaders and the Cultural institutions during the mapping and relocation process for of Physical Cultural Resources (PCRs). 5. Support appeasement ceremonies during relocation of PCRs. 6. Support the MoTWA to introduce cultural resource centres for Refugee camps. 7. Support relocation of the PCRs 10 Financial 1. Repossession of solar products that are acquired on loans by intermediation beneficiaries should be minimized through due diligence and sensitization of beneficiaries of the Financial Intermediation (FI) component of EASP. 2. The Uganda Solar Energy Association that will largely partner in the implementation of the FI Component should be included on the Project Steering Committee to effectively represent the interests of their members. 3. A clear subsidy should be provided in the project design for the off-grid component. 54 S.N Valued Design, Recommendations and comments Environmental and Social Component (VESC) 11 Stakeholder 1. Undertake stakeholder analysis before selection of partnerships. Engagement and 2. Engage the Uganda Wildlife Authority as one of the key Information Disclosure stakeholders during project design and implementation monitoring. 3. Engage the Ministry of Water and Environment especially in the Clean Energy component since it has positive impact in the environmental conservation. 4. Consult the Department of Culture at MoGLSD for input on the PCRM. 5. Consult the Department of Museums and Monuments. 6. Consult cultural institutions such as Buganda Kingdom and other Cultural Institutions in the countryside on the management of cultural artifacts. 7. Consult Worldwide Fund for Nature (WWF) Uganda Country Office during the design of the Clean Cooking sub-component. WWF has implemented many projects and documented lessons, challenges and opportunities. 8. Engage the Uganda Hotel Owners’ Association to ascertain the lodges that are in dire need of the power connection. UHOA is a great private Sector player. 9. Use the appropriate language during stakeholder engagements. 10. EASP should develop and implement Stakeholder Engagement Plans. 11. Use Free Prior and Informed Consent (FPIC) during stakeholder engagement. 5.3 Inclusion of stakeholder recommendations in the ESMF The recommendations from stakeholders were used in the preparation of the following chapters of the ESMF: a) Policy, Legal, Regulatory and Institutional Framework; b) Baseline environmental and socio-economic conditions; c) Environmental and social impacts and mitigation measures; d) Environmental screening and impact assessment procedure; e) Monitoring plan; f) Grievance redress mechanism; g) Stakeholder consultations and engagement; h) capacity building and Training; and i) ESMF implementation schedule and budget. 55 6.0 IMPACT ANALYSIS AND PROPOSED MITIGATION MEASURES The proposed Electricity Access Scale-Up Project (EASP) will be associated with both positive and adverse impacts. The detailed impact analysis and development of mitigation measures will be undertaken during the Environmental and Social Impact Assessment (ESIA) for Components 1 and 3. Specific mitigation and monitoring strategies for the project impacts shall be used to develop the generic Environmental and Social Management and Monitoring Plans (ESMMPs) for the project components. This will be required for all works (e.g. as part of contract) and be updated as needed to reflect sub-project/work specific impacts and risks. The impacts presented in this chapter arose from the stakeholder engagement process involving Ministries, Departments and Agencies of Government of Uganda and other relevant development partners. 6.1 Potential Positive Impacts The EASP is expected to have significant positive impacts that are largely of a socio-economic nature as indicated in Table 6.1. Table 6.1 Positive Impacts of the EASP Project component Impacts Component 1: Grid expansion  Improved electricity access to the project beneficiaries that will and Connectivity include the household and industrial consumers, public institutions, refugees and their host communities, as well as the private sector energy companies.  Access to electricity will improve the economic status through enhancement of small and medium enterprises  Improved health and education standards through electrification of schools and healthy centers in the refugee host communities.  Employment opportunities for the local communities.  Power connection may lower the pressure on Protected Areas from which communities may be sourcing woody biomass for their energy needs.  Reversing the negative effects of climate change and environmental degradation through promotion of renewable energy. Component 2: Financial  Increased use of clean energy by rural communities, including Intermediation for Energy the refugee host communities. Access Scale-up  Reduced dependence on wood fuel and petroleum for the agro- processing enterprises.  Improved economic development through access to electricity for SMEs and household 56 Project component Impacts  Employment opportunities for the local communities within the project areas such salons, refrigeration business, agro- processing among others  Clean cooking technologies will be promoted for use by the rural communities, including refugee host communities.  Reversing the negative effects of climate change and environmental degradation through promotion of renewable energy.  Improvement to safety of women in public places such as health centres, markets and education institutions. Component 3: Energy Access in  Improved education and health standards for, refugees and host Refugee Host Communities communities through Off-grid electrification of the health and education facilities.  Employment opportunities to the solar installers  Working capital enhancement for the solar companies  Small scale solar and electricity dependent business development for the refugees and host communities that will improve the household incomes  Improvement in security of water collection and other dark spot areas through provision of security lights and hence reduction in crime rates Component 4: Project  Support to the implementing agencies in the smooth coordination Implementation Support and of the EASP activities Affordable Modern Energy  Enhancing knowledge on national laws and regulations on Solutions environmental and social risks and impacts management; environmental and social management systems; World Bank ESF and ESMS of the World Bank projects. Component 5: Contingent  Improve the Government’s ability to respond effectively in the Emergency Response event of an emergency (e.g., COVID19) through mitigation, response, and recovery measures. 6.2 Potential Negative impacts and Mitigation measures The implementation of the proposed project will result in a number of environmental and social impacts for the program as a whole. The potential negative environmental and social impacts (both direct and indirect) of the proposed EASP include the following:  Destruction of crops and gardens of PAPs  Conflicts between neighbors on boundaries.  Air pollution  Emission of exhaust gases and particulate materials from vehicles transporting construction materials  Disruption of flora and fauna habitats  Noise and Vibrations 57  Generation of Non-hazardous wastes  Generation of electronic waste and other hazardous waste  Lowering of visual aesthetics of the protected or culturally important areas  Soil erosion  Surface water contamination (mainly due to soil erosion)  Electrocution  Increase in Occupational Health and Safety (OSH) Incidents  Violation of children’s rights.  Gender Based Violence (GBV), Sexual Exploitation and Abuse (SEA), and Violence Against Children (VAC)  Transport related accidents (both construction materials and workers to sites)  Conflicts between Refugees and Refugee host communities Proposed mitigation measures In order to avoid or minimize impacts associated with activities to be funded under the Project, mitigation measures must be implemented as part of the subproject operations to ensure compliance with local and international environmental and social guidelines and standards. These measures must be included as part of each subproject ESMP and will be budgeted for in the Technical Specifications of each subproject. A generic ESMP for general guidance on mitigation of impacts is presented in Table 6.2. Table 6.2: Generic Environmental and Social Management Plan (ESMP) Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t Acquisition of right 1 & 3  Destruction of  Valuation and REA/MEMD When of way and sites crops and compensation of necessary for power gardens of destroyed gardens distribution lines PAPs  Engaging household and solar plants members on proper Distribution and utilization of utilization of compensations for mutual compensation benefit among spouses funds may breed and families and escalate conflicts between women and men hence domestic  Project Affected Persons violence (PAPs) will be compensated for their  Limited access losses at “full replacement� to compensation cost prior to their actual proceeds by move or before taking of women in a land and related assets or household. commencement of project activities. 58 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t  Particular attention will be paid to the needs of  The corridors disadvantaged groups for the such as the elderly, child electricity headed households, distribution chronically ill, refugees, infrastructure women and children triggers including those without restrictions in legal title to assets land use. especially female headed households to prevent the impacts of the project falling disproportionately on them.  Meaningful all-inclusive stakeholder engagements.  Adequate valuation and timely compensation for crops and trees loss; and if applicable for limited uses in distribution line right-of-way A Grievance Redress Mechanism will be implemented. Transportation of 1, 2 & 3 Air pollution  Dust suppression and Contractors continuous construction routine vehicle materials on dusty There is a risk of maintenance shall be roads using trucks exceeding the air applied to minimize the quality standards impact of Air emission due to civil works during construction as mainly phase. undertaken in existing public infrastructures such as trading centres, schools, health centres, markets, affected communities health and safety 59 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t throughout the construction phase shall be pertinent as it can disrupt institutions such as schools through dust emission, fumes and other substances. Emission of exhaust gases and particulate materials from vehicles transporting construction materials Clearing the right 1 Disruption of flora  Minimizing temporary REA/Contracto When of way for the and fauna habitats access road construction, rs necessary distribution lines tree cutting and vegetation clearing as much as possible Construction of  Reuse of wood materials temporary access from tree cutting and roads for vegetation clearing Contractors distribution line  Implement a re-vegetation installation approach for impacted areas  Relocations especially for Excavation of pits nesting birds will be Contractors for poles considered especially within  Strengthening local protected areas authorities and conservation personnel REA/MEMD responsible for managing natural resources Electrification of 1, 2 & 3 Grid Densification  Induction of contractors Electrification Continuous areas adjacent to around protected and workers on the of areas 60 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t protected areas areas is reported requirements of wildlife and adjacent to such as wildlife to have a tendency forest management in protected areas and forest of increasing the partnership with the such as wildlife reserves encroachers in Uganda Wildlife Authority and forest Protected Areas. (UWA) and the National reserves Forestry Authority (NFA) Project activities  Enforcement of Codes of associated with Conduct for workers the impact:  Sensitization of the communities against encroachment on protected areas.  Patrolling of protected areas during construction activities Felling of trees in 1, 2 & 3 Noise and  Cordon off worksites Contractors/RE When the Right of Way Vibrations  Noise and vibration A/UECCC/ME necessary (RoW) of power measures will be applied MD distribution lines during construction, such as ensuring proper vehicle noise control (e.g., Operation of mufflers) construction  Limiting time for noise equipment generating activities (e.g., not at night).  Development and Movement of enforcement of the vehicles during provisions of the ESMS. transportation of materials 61 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t Construction of 1, 2 & 3 Generation of  Waste reduction, reuse Contractors LV/MV power Non-hazardous and recycling from solar distribution lines wastes batteries  Provision of waste disposal bins within labour camps  Waste segregation for recycling each site (including offices, colonies and worker camps) will be provided with at least 2 separate bins for degradable and non- biodegradable waste.  Waste reuse of construction wastes, to extent feasible. 1, 2 & 3 Generation of  Appropriate waste Contractors electronic waste collection, reuse and Solar installations and other disposals measures will within the hazardous waste be put in place such as E- communities waste management  Recycling and Re-use of waste solar batteries Construction  Designation of allowable vehicle areas and methods for maintenance (fuel construction equipment oils, batteries, maintenance etc.)  Proper construction Solar wastes such equipment waste as batteries from management including used solar panels collection, reuse, disposal and spill control procedure Establishment of 1 Lowering of visual  Working together with REA/Contracto When LV/MV power aesthetics of the Uganda Wildlife Authority rs necessary lines adjacent to protected or (UWA), alternative designs the national parks culturally to protect the value of or forest reserves important areas tourist attractions will be or within the sought such as community underground cables. settings.  Considerations of aesthetic and cultural 62 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t values in design of project features  Avoidance of all culturally important sites The construction 1 & 3 Soil erosion  Prepare and implement an REA/MEMD/C Continuous activities for Emergency Response Plan ontractors power distribution (ERP) lines and  Train workers on soil and installation of water conservation solar systems practices may result in soil  Drainage and erosion erosion especially prevention and modified in steep areas. construction techniques during the construction period  Re-vegetation programme The soil eroded 1 & 3 Surface water  Prepare and implement an REA/ MEMD continuous and other debris contamination Emergency Response Plan from the (mainly due to soil (ERP) construction erosion)  Train workers on soil and activities may water conservation contaminate practices Contractors surface water  Collect, and efficiently dispose solid wastes that may contaminate soils and water, including un Contractors blocking drainage channels  Appropriate locations for handling, storing and disposing of oil products and other harmful chemicals  Limited use of pesticides Installation of 1& 3. Electrocution  Use of certified wiremen Installation of Continuous LV/MV power and women for all the LV/MV power distribution lines project wiring activities distribution  Sensitization of the lines communities about the dangers of unauthorized wires men 63 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t  Training of personnel that will be engaged with connections Expansion and 1, 2 & 3 Increase in  Require contractors and MEMD/REA/U Continuous densification of Occupational solar plant providers to ECCC/Contract electricity Health and Safety implement an acceptable ors distribution (OSH) Incidents OSH Plan network under  Signs and other Component 1. obstructions should be removed from poles or structures prior to undertaking work  Only trained and certified workers will be allowed to Installation and install, maintain, or repair operation of solar electrical equipment plants at schools  Safety belts should be of and hospitals not less than 16 millimetres (mm) (5/8 inch) two-in one nylon or material of equivalent strength. Rope safety belts should be replaced before signs of aging or fraying of fibers become evident.  Ensuring that live-wire work is conducted by trained workers with strict adherence to specific safety and insulation standards.  Induction training/sensitization of workers and site supervisors on the health and safety risks and mitigation measures, including Tool Box talks  Safety awareness for communities neighbouring construction sites, refuge communities with 64 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t grid/energy access, and schools and hospitals with solar power generation  Provision of applicable health and safety personnel protection equipment (PPE) for workers.  First Aid kits and emergency response procedure will be in place for the workers  Liaison with nearby Health Facilities to manage major OSH incidences that occur at construction sites.  Proper notification, reporting and follow-up of accidents.  Establishment and operationalization of the Environmental and Social Management System (ESMS) Implementation of 1, 2 & 3 Violation of  Development of the Labour Implementation continuous activities that children’s rights. Management Procedures. of activities that involve casual  Recruitment of workers involve casual work and after due diligence by the work and employment of Child labour during local leaders. employment of locals as implementation of  Enforcement of Codes of locals as preferred by the project Conduct for workers preferred by affected activities.  Regular monitoring and affected communities enforcement of labour communities contracts by the Project Implementing Units and PCU  The contractor will liaise with local Government Authorities and service providers to mitigate the 65 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t risk of Violence Against Children (VAC). Construction of 1, 2 & 3 Gender Based  Sensitization and Contractors Continuous LV/MV power Violence (GBV), signing/enforcement of distribution lines Sexual codes of conduct for all and installation of Exploitation and project workers and solar systems Abuse (SEA), and contractors. Violence Against  Use of Toolbox talks and Children (VAC) sessions to address emerging issues on GBV/SEA/VAC MEMD, REA, Vending of foods During project  Implementation and strict UECCC and other implementation, enforcement of Codes of materials to the gender-based Conduct for workers. project workers by violence, sexual  Establishment of GBV/SEA REA/Contracto community exploitation, and rs referral pathways to address members abuse of children, eventual cases MEMD, REA, violence against  The contractor will liaise with UECCC and children (child local service providers to Contractors labor, etc.) and implement HIV/AIDs transmission of sensitization campaigns for communicable both the workers and diseases such as UECCC affected communities. HIV/AIDS might  Operationalization of the impact affected Grievance Redress communities as a Mechanism result of project  Establishment and activities. operationalization of the Environmental and Social Management System (ESMS) Electricity grid 1, 2 & 3 Transport related  Routine inspection and Contractors Continuous connections and accidents (both servicing of vehicles. extensions, and construction  Training of drivers and installation of materials and machine operators Contractors solar systems is workers to sites)  Compensation for accident expected to victims. involve movement Contractors of vehicles transporting workers and 66 Project Activities *Project Risk or Impact Mitigation Measures Responsibility Timeframe Componen t materials, with potential escalation of REA/MEMD accident incidences in Uganda Electrification of 3 Conflicts between  Proper sensitization MEMD Continuous Schools and Refugees and about the project health centers for Refugee host activities and either refugees or communities beneficiaries host communities  Ensuring equity in provision of services to both the refugees Provision of solar and host communities for productive  Establishment of a uses and clean functional Grievance cooking Redress Mechanism technologies. Support to investments for refugees and host communities 6.3 Indirect Impacts The EASP is likely to trigger indirect impacts such as construction of energy generation facility and/or transmission line in order for proper function of grid extensions (e.g., more power needed to meet the additional demand by the new grid extension). The indirect impacts are however not significant. 6.4 Potential Cumulative Impacts The potential cumulative environmental and social impacts arising from the project may include: i. SEA, GBV and VAC due to the probable existence of other projects in the area that will be contributing to the same. ii. Air pollution-dust from the project activities such as transport of the materials and excavations may increase particulate matter in the atmosphere but this will not be significant. iii. Disruption of community livelihoods through acquisition of right of way for the distribution line amidst other construction activities in the area but the impact will be considered short term and not significant iv. Disruption of cultural customs due to existence of persons speaking vulgar language that may not be compatible with the culture of the area and behavior which could also be attributed to existence of other groups in the area. 67 6.5 Potential impacts of the COVID-19 disease on EASP implementation The outbreak of the Coronavirus Disease (COVID-19) is likely to affect the stakeholder engagement processes and project implementation activities of the EASP with respect to social distancing, hand washing and lockdowns that may be imposed. The Project Implementation Units (PIUs) shall work closely with the Ministry of Health in developing and operationalizing Standard Operating Procedures (SOPs) for preventing the spread of COVID-19 during EASP implementation. COVID-19 Information, Education and Communication (IEC) materials will be developed and translated in the local languages and site specific training on COVID-19 risks and prevention measures will be undertaken. In addition, the PIUs, Contractors and Service Providers shall work with the local Health Centres in the management of COVID-19 suspects and cases. 7.0 ENVIRONMENTAL SCREENING AND IMPACT ASSESSMENT PROCEDURE 7.1 Overview of the Environmental Screening and Impact Assessment Process According to the World Bank Environmental and Social Framework for projects standard 1 (ESS1), it is the responsibility of the borrower to screen, assess, manage and monitor environmental and social risks and impacts. The standard further stipulates that the borrower will ensure compliance with national regulations and laws to screen and assess environmental impacts and risks. The key regulations for environmental and social assessment in Uganda include; The National Environment Act, 2019, and the National Environment (Environmental Impact Assessment) Regulations, 1998. They both define the role of ESIA as a key tool in environmental management, especially in addressing potential environmental and social risks and impacts at the pre-Project stage. The Regulations define the ESIA preparation process, required contents of an ESIA, and the review and approval process including provisions for public review and comment. The regulations are interpreted for developers and practitioners through the Guidelines for Environmental Impact Assessment in Uganda (1997). Therefore, during project activities implementation, it is expected that the Guidelines for Environmental Impact Assessment in Uganda (1997) will be used and augmented as needed by the WB ESS1. The steps below shall be incorporated in any future project activities’ preparation and approval process. The ESIA regulations and procedures focus on the following. 7.2 The screening Process The screening process is designed to determine which projects are exempt, require partial assessment (Project Brief) or require a full ESIA process. The nature, type and location of the project are described in the environmental screening form with a preliminary indication of potential socio-economic and biophysical impacts (number of people/ communities affected sensitive habitats, threatened species, etc). Based on the 68 screening exercise, NEMA makes a decision on whether an ESIA is required or not. In the event of an ESIA is not required, the proponent is still obliged to describe methods and procedures for proper environmental management, including health and safety management. The projects listed under Schedule 5 of the NEA Act, 2019 undergo mandatory full ESIA. 7.3 The screening form A standardized Project Brief is submitted by a developer using a Screening Form Annex 4. The form requires that the developer submit information on the proposed project and it focuses on the following: a. Developer; b. Contact address; c. Location and size of the site/facility; d. Project design, activities-during & after, inputs required (utilities and raw materials); e. Products and by-products (finished products and wastes); f. Methods of waste disposal; g. Anticipated environmental and social impacts (number of people/communities likely to be affected, sensitive habitats, vulnerable groups and species etc). h. Proposed mitigation actions responsible centers, and budget estimates. The First Schedule of the EIA Regulations 1998, lists the issues that are considered in making environmental and social impact assessment, and these include: a. Ecological considerations, which encompass biological diversity, sustainable use, and ecosystem maintenance; b. Social considerations, including employment, social cohesion & disruption, culture, human health, communication and local economy; c. Landscape impacts and d. Land use impacts. Upon completion by the developer, the form is submitted to NEMA. The NEMA determines the follow-up actions required in consultation with the lead department. If necessary, the Authority, the lead department, and/or a designated sectoral working group may visit the proposed project site to clarify details or complete the information required. 7.4 Review and approval Based on information obtained from the screening form, a systematic review of the information is completed by NEMA to determine whether an ESIA needs to be conducted or not (exception). Evaluation criteria have been established which provides a general guide for determining whether or not a full ESIA is required. This ensures a fair and consistent review of all proposed projects at this screening stage, based on the information provided by the project proponent. As a result of this screening, the project is classified in the following manner: 7.5 Consultations during the ESIA Process NEMA upon receiving a Project Brief it invites public comments on statements of project intent submitted to it especially from those most likely to be affected by a proposed project. It is only subsequent to the consultations and the public hearing that the Authority is required to invite interested organs of the State to comment on both the statement and the comments to follow. A public enquiry/hearing is the final form of consultation. The ESIA process in Uganda usually follows the following schematic process (Figure 7.1). 69 Figure 7.1 EIA Process in Uganda 7.5 Screening in accordance with the World Bank ESMF The categorization of EASP components in accordance with the World Bank ESF is as indicated below: a. High Risk: Project has significant adverse or long-term environmental and or social risks and impacts that are diverse, irreversible, or unprecedented. These may require more specialised technical or financial means to manage them which the borrow may not have b. Substantial Risk: Project have potential limited adverse environmental or social risks and/or impacts that are few in number, generally site-specific, largely reversible, and readily addressed through mitigation measures. c. Moderate Risk: Projects have minimal adverse environmental or social risks and/or impacts. d. Low Risk: Project has no adverse environmental and social risks and impacts. The environmental categories to be applied to EASP components will rely on the screening of environmental and social impacts, which takes place during the pre-appraisal of the investments. As per the current screening, EASP will have Substantial Risk as components that include grid expansion and connections with Medium Voltage (MV) and Low Voltage (LV) power distribution lines, Financial Intermediation and Project Implementation Support are anticipated to have low to substantial environmental or social risks and/or impacts inline with schedule 4 part 3 (c) the National Environment Act, No.5, 2019 and ESMF, 2018. 70 Screening will be carried out to ascertain the level of detail that should be included in an environmental report through screening if the project will have adverse environmental impacts, whether the impacts’ and mitigation measures can easily be identified and if the impacts and mitigation measures are not easily known to determine of the details of the Environmental Impact Study (EIS), the steps indicated below under the EASP ESMF will be used to screen subprojects: a. Step 1: E&S screening, with reference to the screening checklist and risk classification. b. Step 2: E&S documentation through review of documents such as E&S instruments and tools as required by national regulations and World Bank ESF, including ESCP, SEF, the generic ESMP, RPF, VGMF, site conditions, etc any other document as deemed necessary to determine detail of the environment study. A detailed Project Brief will be developed. c. Step 3: Disclosure and public consultation on the Project Brief. d. Step 4: Review and clearance of the E&S documentation if no significant impacts are identified and if impacts and mitigation measures have been identified, NEMA may provide an environment approval. e. Step 5: Implementation, monitoring and supervision, which should make reference to GRM and various management and monitoring plans that have been/will be developed. Component 2 of the project involves the Financial Intermediaries whose compliance will be managed through Environment and Social Management Systems (ESMS) developed to guide lending and the following steps will be undertaken to screen the beneficiaries: a. Step 1: E&S screening, with reference to the screening checklist and risk classification of the subcomponent. b. Step 2: E&S documentation through review of the Financial Intermediaries ESMS and CERC. c. Step 3: Signing of the Health, Safety and Environment commitment plan and CERC. d. Step 5: Implementation, monitoring and supervision of the beneficiaries. 7.6 World Bank approval of ESIAs and their ESMMPs The ESIAs and ESMMPs that will be developed will be submitted to the National Environment Management Authority (NEMA) for approval. However, the PCU, relevant PIUs, and World Bank will also independently review and clear those documents. The approved ESMMPs will be included in project work bids and contracts. 7.7 ESMF Disclosure The Ministry of Energy and Mineral Development shall make the draft ESMF public locally prior to the Appraisal of the EASP. Once the World Bank clears the ESMF, it will then be officially disclosed on the World Bank’s External Website. The Government of Uganda will also be expected to disclose the ESMF document internally to the different national stakeholders. Disclosure of the ESMF to the different stakeholders will be done 60 days prior to the commencement of the implementation of the EASP. 71 8.0 MONITORING AND REPORTING 8.1 Regular Monitoring and Inspection of Compliance The different PIUs will put in place adequate institutional arrangements, systems and resources to ensure effective monitoring of the ESMF and the relevant plans associated with project works in each component. The goals of monitoring will be:  To measure the success rate of the activities;  Determine the effectiveness of the mitigation measures to the negative impacts; and  Determine further interventions (such as mitigation) are required or enhance the monitoring. The goal of inspection activities is to ensure that component activities comply with the plans and procedures laid out in the ESMF. Monitoring responsibilities and inspection activities will be carried out by PIUs of the implementing agencies which will administer the overall project-related environmental and social monitoring and implementation as laid out in this ESMF through their Environment and Social specialists. EASP supervision and verification consultants hired to supervise and monitor projects on behalf of PIUs must demonstrate skills and experience to monitor and supervise ESHS risks. EASP sub-projects and their sub - contractors will also be required to employ environment and social safeguard specialists to support their monitoring and reporting on the ESMF to the respective PIUs on their subprojects. PIUs Environment and Social safeguard specialists of implementing agencies shall perform quarterly spot checks and field visits on sub-projects to verify authenticity of reports submitted by sub-projects and supervision/verification consultants. All contracts/agreements between financial institutions participating in the project and the solar project developers (and or contract workers) will include EHS routine progress/monitoring reporting aspects in their agreements. This ESMF is the overall document that will guide the development of sub-project specific ESMMPs. The respective PIUs Environment and Social specialists will assess the compliance of the activities of the project and its workers against the ESMMPs and will report possible non-compliance to the PCU Project Coordination Manager. Third party monitoring will be undertaken by lead agencies such as NEMA, NFA and Department of Labour of the Ministry of Gender, Labour & Social Development among others. This department has the authority to inspect any facility for compliance with national requirements on safety in workplaces. The World Bank will undertake project implementation support and supervision missions. Upon project completion, the World Bank may undertake an assessment of the success of the ESMF and include relevant information in the Project Completion Report. This is to ensure that all ESMF and site specific ESMMPs objectives have been achieved. In case of non-compliance with any of the ESMF objectives, remedial measures may be undertaken. 8.2 Quarterly Monitoring and Reporting The findings from the regular monitoring and inspection for compliance on Environmental and Social risk management (monitoring reports) will be compiled by the PIUs (MEMD, REA and UECCC) and sent to the Environment specialist and Social Safeguards specialist at the PCU at MEMD for review, validation and compilation. These quarterly monitoring reports, along with a quarterly summary of the ESMF implementation prepared by the PCU, will be consolidated by the Environmental specialist at the PCU who will share the 72 reports with the World Bank for review, after which the reports may be shared with other interested stakeholders by the project coordination manager. This is further aimed at tracking the status of implementation of the ESMF and national safeguards requirements and to ensure compliance with the ESMF plans and procedures throughout the implementation of the project. EASP sub-projects and their sub - contractors are required to report all environmental and social incidents to their respective PIUs in accordance with the World Bank Environmental and Social Incident Reporting Toolkit requirements. Contracts for all contract workers will include a code of conduct, which will be signed when hired with provisions to report all Environmental and Social incidents on sites. The respective PIUs (MEMD, REA and UECCC) will report all the environmental and social incidences to the PCU regularly for submission to World Bank in accordance to the World Bank Environmental and Social Incident Reporting Tool Kit (ESIRT). Reports on major incidences such as fatalities, HSE incidences, Sexual Exploitation and Abuse (rape and defilement, GBV/VAC), etc. will be compiled and reported to the World Bank within 24 hours whereas minor incidences will be reported to the World Bank through incidental, monthly and quarterly reports. Such incidence reporting (major and minor) will be included in relevant project contracts for grid works, solar projects and work supervision consultants. 8.3 Contractors and Solar Developers Progress Reporting The works contractors and solar project developers will be required to include EHS aspects in their routine progress/monitoring reports as required by their contracts. The basic EHS aspects to be reported will include; noise and dust suppression, accidents and Sexual Abuse and Exploitation (rape, defilement, Gender Based Violence and Violence against Children). 8.4 Contingent Emergency Response Component (CERC) The CERC is designed to provide swift response in the event of an Eligible Crisis or Emergence through a portion of the undisbursed project envelope to address immediate post-crisis and emergency financing needs. The CERC may be used following natural disasters or other crises and emergencies allowing funds to be reallocated from other components of the project. In the event of an emergency event, it is not anticipated that a reallocation of project funds will cause serious disruption to project implementation. Activities under the EASP will be governed by the World Bank Directive Contingent Emergency Response Component (CERC) (October, 2017). The PUI for REA, MEMD and UECCC will be the implementing agency for the CERC. Disbursement of emergency financing under the CERC will be contingent upon: a) the recipient establishing a nexus between the disaster event and the need to access funds to support recovery and reconstruction activities (an “eligible event�); and b) Submission to and no objection granted by the World Bank of an Emergency Action Plan (EAP). The EAP will include a list of activities, procurement methodology and safeguards procedures.The EAP will require consideration of safeguard implications for any proposed emergency supplies procurement or reconstruction activities. The World Bank, through the no objection process, will closely examine the nature of the proposed activities, particularly those Grid expansion and last mile connection, to ensure (i) that they are not prohibited under the negative list and 73 (ii) that the recipient is aware of the required safeguard compliance documentation before initiating the process by which the proposed works will be prepared and implemented. Emergency activities financed under the CERC will involve financing provision of critical goods or emergency recovery and rehabilitation works and it is likely these will fall into substantial or high risk according to the World Bank ESF risk classification. Activities that fall under high risk could involve procurement of emergency supplies such as medicine and water and do not require the application of safeguard instruments, post-screening or assessment. Other emergency supplies, such as fuel products, will require safeguard instruments (such as ESMPs) to ensure procurement, storage and dispensing procedures are adequate. Preparation of the Environmental and Social Management Plan (ESMP) will have regard to this ESMF and safeguard instruments will require World Bank approval prior to commencement of activities. Importantly, the ESMP will need to include procedures for: i. Consultation and disclosure; ii. Integration of mitigation measures and performance standards into contracts; and iii. Supervision/monitoring and reporting measures to ensure compliance. In order to ensure that CERC subproject activities comply with the requirements of the Bank’s Safeguard Policies, a positive and negative list has been for in section 5.2 and 5.3 of this ESMF 8.5 Emergency Reporting The respective PIUs (MEMD, REA and UECCC) will be responsible for reporting the environmental and social incidences to the PCU regularly whenever such incidences occur. The PCU will compile and report incidences to the World Bank within 24 hours for major incidences such as fatalities, HSE incidences, Sexual Exploitation and Abuse (rape and defilement, GBV/VAC), etc. whereas other minor incidences will be reported to the World Bank through incidental, monthly and quarterly reports. Such incidence reporting (major and minor) will be included in relevant project contracts for grid works, solar projects and work supervision consultants. 8.5.1 Reporting procedure Initial communication Initial communication of the emergency/incident to the responsible personnel/ project worker at the project site will involve making a written communication to the respective PIU environment and social specialist. Classification Classification of the incident will entail ascertaining the seriousness of the incident, that is; whether the incident is major or minor. The degree of seriousness will further inform the reporting timelines to the PCU and the World Bank respectively. Major incidences will be reported to the Bank within 24 hours while minor ones can be reported monthly or quarterly. Notification Notification will involve getting details of the victim, the circumstances under which the incident occurred to the victim and the time within which the incidence occurred. 74 Investigation After the respective PIU of the incident, investigations will commence focussing on how the incidence occurred. The details of what happened and why such an incident occurred will then be gathered. Response Responding to incidences includes will involve coming up with remedial actions as well as preventive measures to ensure that such incidences do not occur again. Follow up This is aimed at finding out if the response was complete, its effectiveness and any lessons that can be learnt from the process. 8.6 Roles and Responsibilities The project coordination Unit (PCU) at MEMD will assume the overall coordination of the project. The PCU shall be constituted of the Project Coordination Manager, Environmental Specialist, Social Safeguards Specialist, Gender Specialist and other technical officers at the Ministry of Energy and Mineral Development. The PCU shall be responsible for consolidation of E&S management reports, verification of incidences and quality control and assurance of the reports before they are submitted to the World Bank. The project implementation Units (PIUs) of the implementing agencies (MEMD, REA and UECC) Environment Specialists, Social and Gender specialists will be responsible for overseeing the monitoring of the ESMF for their Project Components. The PIU Environment and Social staff of the respective implementing agencies (MEMD, REA and UECCC) will oversee the implementation of the monitoring plan. The PIU Environment and Social Staff will conduct field supervision visits to the different project sites Site-specific ESIAs and ESMMPs will be developed and implemented by the implementing agencies with support of hired consultants to assist in the development of the ESIAs. The implementing agencies will ensure that the ESIAs and ESMMPs are in alignment with the ESMF. The PIUs Environment and Social staff will be responsible for applying the screening checklist at site level to determine whether an ESIA, Project Brief or ESMMP will be required and monitor the implementation of ESMMPs. Overall, the World Bank will undertake project implementation support and supervision missions twice a year to ensure effective environmental and social safeguards management and that the project development objectives are realised. 75 9.0 GRIEVANCE REDRESS MECHANISM Introduction Grievance redress will be a critical aspect of the project, with efforts being vested in anticipating and thus avoiding any potential project related grievances by continuously engaging project affected and interested parties. Through this engagement, the project will attempt to ensure timely dissemination of relevant information to the stakeholders. The information in question will include but will not be limited to; project activities, potential impacts of the project and the associated mitigation measures. A Grievance Redress Mechanism (GRM) will be a critical instrument in addressing project related grievances. The GRM working modalities will need to be communicated to the respective project stakeholders as soon as the project becomes effective. The purpose of the GRM is to provide a forum to the internal and external stakeholders to voice their concerns, queries and issues pertaining to the project. The GRM will provide the stakeholders with details of the channels through which grievances can be lodged and feedback received as well as the remedies available to them in the event that they are not satisfied with the proposed remedies for addressing their grievances. This will allow for trust to be built amongst the stakeholders and prevent potential or unresolved grievances from becoming stumbling blocks to the effective implementation of the EASP. The GRM will be accessible and well communicated to all stakeholders, including refugees and members of vulnerable and marginalized groups in the project throughout the duration of the project. 9.1 Types of Grievances 9.1.1. Internal Grievances Principally, these are grievances from employees (both direct and indirect employees) and these could either be local or international staff. Some examples of the types of grievances under this category may include; timely disbursement of remuneration, gender discrimination, sexual harassment, collective bargaining by workers, Health and Safety issues at the workplace such as extended working hours/lone working, among others. The GRM will be disclosed to the stakeholders through both written and verbal communication. The medium to be used will include; staff meetings, written communication/memos, and one-on-one meetings. Each worker/employee shall be made aware of the GRM process as part of their induction process. 9.1.2 External Grievances 9.1.2.1 Project Affected Parties These are grievances that may result from the impact of the project on the project communities and/or environment. Some examples of the types of grievances under this category include; concerns over the impact on local cultures and customs, employment and business opportunities related to the project, disruption of the socio-economic fabric due to migrant workers in the project area, damage to vegetation and property whilst undertaking construction activities, impact on community health, increased environmental pollution due to poor waste management, and project related traffic and its associated ills. Another potential set of grievances that may arise are those related to activities under component 2 and implemented by UECCC, and other Financial Intermediaries (FIs). the products and services that are to be received by the project beneficiaries include solar systems installed by the project and the clean cooking equipment. Therefore, it’s important that sales and customer support services team of the respective service providers are able to clearly articulate steps to be followed by dissatisfied recipients so that the problems they may be experiencing are rectified. It will be expected that companies providing this service avail 76 telephone contacts where complaints can be lodged as well as product warranties (translated into the predominantly spoken languages in the project areas where possible) that allow for poorly performing products to be returned to be returned to the service provider. Guidelines for the establishment of these mechanisms will be reflected in the project’s ESMS. Grievances that might arise under the CERC component will be handled through the Grievance Redress Mechanism that will be established during project implementation. 9.1.2.2 Project Workers Project workers will be provided with platform on which to raise their work place concerns. The project workers GRM will be an integral part of the project Labour Force Management Procedure (LFMP) that will be set up as part of the project. The LFMP will among other things identify and spell out the functions of the personnel or staff responsible for addressing project workers grievances and the modalities for raising awareness about the workings of the GRM among the project workers. It will be the duty of the project-implementing Agency working closely with its contractors to ensure that project workers are briefed about the grievance mechanism after they have been hired but before they commence undertaking project activities. The mechanism will use an understandable and transparent process that provides feedback to those concerned, without any retribution. It will not impede access to other judicial or administrative remedies that might be available under law or through existing arbitration procedures, or substitute for grievance mechanisms provided through collective bargaining powers. Some of the avenues available to workers to raise their grievances will include; tool box talk meetings, email, strategically located suggestion boxes, site emergency contact numbers, designated persons among others. 9.2 The Grievance Redress Mechanism (GRM) Process 9.2.1 Lodging and Registration of Grievances with the Grievance Redress Committee Grievance Redress Committees (GRCs) shall be established at Sub-county level that will include representatives from the sub-county and village leadership (Local Councils). The committees comprise of the following representatives: a) LCIII Chairperson/a representative; b) Senior Assistant Secretary/Sub-county Chief/ a representative; c) Chairperson of Area Land Committee / a representative; d) LCI Chairpersons for all the affected villages in the sub-county; and e) Five (5) to ten (10) Project Affected Persons (5 Males and 5 Females) as selected by the PAPs in the sub-county. The GRC will record and handle all grievances both internal and external. Grievances of illiterate PAPs shall first be lodged in writing or verbally with the Local Council 1 representative who will then write it down on behalf of the PAP. Complaints from vulnerable households (minor-headed households, the elderly, terminally ill, and physically handicapped parties) will be prioritised. All grievances and resolutions at every stage shall be documented. 9.2.2 Investigation of the Grievance by the GRC 77 Efforts shall be taken as much as possible to resolve any grievances on the spot. Any Grievances that will not be resolved on the spot as guided by the Local council 1 representative will require further investigation by the GRC including the LC3 representative. The PIU team will play its role by verifying the claims/grievances with the assistance of the grievance redress committee to ensure that the grievance is resolved. Constant communication will be maintained throughout the process between the committee and the concerned PAP(s), in order to allow for efficient resolution of the grievance. 9.2.3 Communication of the outcome of the Grievance Resolution The communication of the resolution shall be made to the PAP through the local council representatives on the GRC to determine the next course of action. It is important to note that the project implementing Agencies (MEMD, REA and UECCC) will emphasise ways of receiving not only complaints and grievances but also constructive feedback. 9.2.4 Grievance Referral Pathways In the event that the PAP is not satisfied with the outcome of the resolution from the Grievance Redress Committee, he or she shall refer the matter to the Project Implementation Unit (PIU) at REA or UECCC or Project Coordination Unit (PCU) headed by the Project Coordination Manager at MEMD. A complaint that may not be resolved satisfactorily by the PCU shall be referred to the Project Steering Committee (PSC) chaired by the Permanent Secretary who shall act on it within seven (7) working days from the date of receipt of a written communication on the matter. A grievance may further be referred to the Electricity Disputes Tribunal (EDT) for resolution especially for aspects involving contractors. If the aggrieved party is not satisfied by the resolution of the EDT, he/she may seek legal redress from the Courts of Law. 9.2.5 Courts of law The constitution of the republic of Uganda provides for access to the courts of law by any person who has an interest or right over property. Therefore, if no resolution has been reached, such a PAP can seek legal redress through the courts of law. The GRM will involve logging of grievances, registration and investigation of the grievances, communication and possibility of escalation of the grievances. A summary of the general project GRM for the EASP that is based on the grievance redress mechanism currently used by MEMD is presented in Figure 9.1. 78 Figure 9.1: General Project Grievance Resolution Mechanism for the EASP 9.3 The World Bank’s Grievance Redress Service (GRS) 9.3.1 GRS Definition and Purpose The World Bank uses the GRS to provide Project Affected Persons (PAPs) and communities an avenue to bring their complaints directly to the attention of Bank’s management. The Project -level GRM remains the primary tool to raise and address grievances in Bank-supported operations except issues that cannot be resolved at the project level. The GRS facilitates corporate review and resolution of grievances by screening and registering complaints and referring them to the responsible Task Teams/Managers. The GRS undertakes the following functions within defined time frame: a) Receives complaints from stakeholders; b) Evaluates and determines their eligibility and category; c) Refers complaints to appropriate Task Teams/Managers; d) Follows up with Task Teams to ensure complaints are resolved; and e) Refers PAPs to the Borrower or other parties where appropriate. 79 9.3.2 Submitting a Compliant to the Grievance Redress Service Complaints may be submitted by one or more individuals, or their representatives, who believe they are adversely affected directly by an active (i.e. not closed) Bank-supported project activity. A complaint may be submitted in the English or local language. Processing complaints not submitted in English will require additional processing time due to the need for translation. The address for submitting the complaint will be made available to the project affected communities. 80 10.0 CAPACITY BUILDING AND TRAINING Introduction Key sector institutions, including REA, UECCC and MEMD will have responsibilities for implementing the proposed project. REA implemented the now closed Energy for Rural Transformation Phase II (ERT-2) and is currently implementing ERT-3. Under ERT-2, REA lacked a framework to effectively manage compensations under ERT-2. REA also initiated ERT-3 without all the required implementation arrangements and personnel being in place, which resulted in overall implementation delays. REA has been addressing these issues and has made some incremental improvements, notably in safeguards management over the past two years. For example, there are two Social Development specialists, 10 Wayleave Officers (handling compensations), and two Environmental Specialists at REA supporting ERT III, and overall safeguards performance for the project have been rated satisfactory for the past year. As part of this project, REA will move towards the establishment of a fully-staffed Project Implementation Unit (PIU) with specialists dedicated to the implementation of the project and the effective coordination among REA’s technical departments. The measures adopted under ERT-3 to strengthen REA’s institutional capacity will continue into the proposed EASP and directly benefit EASP implementation, ensuring that REA’s capacity for implementing the EASP will be strong from the beginning of the project. This will include the integration of additional staff recruited under ERT-3 into the EASP’s PIU. In addition, REA will also contract additiona l support for the implementation of project activities, including Design and Supervision Consultant, Material Logistics Agent, Bulk Materials Suppliers, Labor-based Contractors for lines and service connections, and Independent Verification Agent(s). The current PIU structure at UECCC, which was established to manage the credit facility under the ERT-3 project will be expanded and further strengthened with additional staff to carry out EASP project activities – they will include an Environmental and Social Safeguards Specialist. MEMD has developed adequate capacity through the implementation of World Bank-funded projects to carry out the overall coordination of project activities. It will also establish an EASP Project Coordination Unit (PCU) that will be adequately staffed to supervise, monitor, and report on all project activities. The PCU will also benefit from support provided by the Health, Safety, Social, and Environment Unit (HSSE) of the MEMD, which will be further strengthened under the EASP. Although the implementing institutions (REA, MEMD and UECCC) have managed environment risks and impacts under National Environment Assessment system including World Bank safeguard polices in the current projects, a systematic capacity building of the relevant staff in these institutions on the new Environmental and Social Framework (ESF) requirements will be necessary. Therefore, for effective implementation of the Electricity Access Scale-Up Project (EASP), it is important for staff from the implementing agencies to undertake capacity building and training on national laws and regulations on environmental and social risks and impacts management; environmental and social management systems; World Bank Environmental and Social Framework (ESF) and Environmental and Social Management Systems (ESMSs) for World Bank projects. The details of the capacity building are presented in Table 10.1. Table 10.1: Capacity Building Needs and Training Schedule 81 Aspect Key issues to Mode of Stakeholders Responsible Timing be addressed engagem entity ent World Bank World Bank Training Technical personnel from: WB Prior to ESF Environment MEMD, REA, UECCC, and commence and Social other MDAs closely ment of Standards associated with EASP. project (ESSs) activities. EHS ESHS Training Contractors, Private Energy requirements, Service providers, WB During including those Commercial Financial project specified in Institutions (CFIs) and implementa ESMMPs and supervision/verification tion project consultants contracts Safeguards Safeguards Training Senior Managements of PIUs WB During Specialist awareness and other staff of the PIUs project Implementa tion 82 10.1 Environmental and Social Capacity Building Plan 10.1.1 Personnel from: MEMD, REA, UECCC, and other MDAs closely associated with EASP. It is also recommended that prior to commencement, a 2-3-day workshop is held in Kampala targeting MEMD, UECCC, REA and other MDAs closely associated with the project. The workshop outlines as detailed below will aim at providing attendees with the basic approach to implementing the guidelines provided in the ESMF combined with the use of appropriate tools, such as the screening form, ESMP template and ESMF Annual Reporting Form. Refresher courses should be held as needed during the course of the project. Table 10.2: Proposed Training Format for ESMF Implementation Module Duration (days) Day 1 1 Introduction a. Objective of the ESMF b. Key stakeholders with a role in the ESMF c. Relevant legislative and regulatory acts and World Bank ESF d. Baseline Environmental and Social Conditions e. Structure and role of Project Implementation units and relevant governmental authorities Day 2 Summary of guidelines for the subprojects a. Environmental and Social Screening and Impact Assessment 1 b. Stakeholder Consultations and Engagement c. Environmental and Social Impacts and Mitigation Measures d. Monitoring and Reporting e. Grievance Redress Mechanism f. ESMP & ESMS Day 3 Capacity Building and Implementation Budgets a. Capacity building requirements b. Budgeting for the implementation of EMPs, ESMS, RAPs and other safeguard 1 day management plans c. Q&A session Total 3 days 10.1.2 Training of Contractors, Private Energy Companies, Commercial Financial Institutions and Supervision Consultants The training will also cover some of the safeguards areas of specific interest, including but not limited to: Development & Implementation of Contractor’s ESMP, Health and Safety Management systems (both Occupational and Community Safety), management and use of Auxiliary Facilities (Equipment Storage Yard), environmental and social due diligence, Labour influx management and use of Code of Conduct, Child abuse/defilement, Grievance Redress Management, and so on. A proposed format for a 2-day training is provided in table 10.2 below 83 Table 10.2 Awareness Raising and Training for Contractors, Private Energy Companies, CFIs and Supervision Consultants Module Duration (days) Day 1 Awareness raising a. Environmental & Social awareness and the importance of effective mitigation b. Sound Practice for Environmental and Social mitigation measures c. Compliance with WB ESF and local legislation on OHS, ESIA and ESMP Half day requirements d. Stakeholder engagements e. SEA, GBV and VAC f. Contract management requirements Day 2 Technical training a. Development/Implementation& scope of Contractors’ ESMPs b. Environmental, Health & Safety Management onsite c. Acquisition & management of auxiliary facilities and construction materials sites 1.5 days d. Labour influx management and child abuse e. Grievance Redress Mechanism, Process and Committees f. Implementation of the ESMP (contract clauses) g. Monitoring and Reporting of ESMPs (and RAPs) h. Climate change i. Biodiversity Total 2 days 10.1.3 Training of Safeguard staff As part of best practice, and in order to comply with international standards for Occupational, Health and Safety (OHS), Environmental and Social Management Practices. During the Implementation of the project and as part of capacity building for support towards the Implementation of this ESMF and its associated tools, the safeguard specialist will undergo the following international recognise training:- a. Occupational Health and Safety Management System ISO 45001:2018 (Lead implementers and Auditors) b. Environmental Management System ISO 14005:2019 (Lead Implementers and Auditors). c. Quality Management System 9001 (Lead Implementer and Auditors). d. Labour Management practices by ILO. e. NEBOSH f. Land acquisition and management related courses g. SEA, GBV and VAC training h. Stakeholder engagement related training. i. Attend international conferences on climate change, biodiversity, impact assessments to share and learn best practices for replication in the project implementation. 84 11.0 ESMF IMPLEMENTATION SCHEDULE AND BUDGET This section presents the budget estimates for implementation of the Environmental and Social Management Framework (ESMF). However, detailed budgets for project specific works/sub-projects will be developed during the preparation of the Environmental and Social Management Plans (ESMMPs) and the Contractors’ Environmental and Social Management Plans (C-SEMP), especially for components 1-3 of EASP. 11.1 ESMF Budget The budget, implementation timing and responsibilities are presented in Table 11.1. Table 11.1: ESMF Implementation Schedule and Budget Estimates Environment and Implementation Timing and Budget in USD Social Management stage or phase Frequency UECCC REA MEMD TOTAL Measure Assessment and 1,400,000 3,360,000 management of environmental and social risks and impacts i. Environmental and Project Once social assessment effectiveness 600,000 ii. Environmental and social audits One year on Twice 800,000 obtaining ESIA iii. Monitoring of environment Project Quarterly 40,000 60,000 120,000 compliance effectiveness iv. Permit, consents and authorizations Project Once 80,000 effectiveness v. Third party monitoring- 260,000 Multisectoral monitoring committee meetings To Recruitment of safeguard Before project be 350,000 1,608,000 900,000 2, 833,000 specialists UECCC (1), implementation conducted REA (7), MEMD (3) once before project implementation Development of Before project To be 20,000 60,000 40,000 120,000 management plans implementation conducted (ESMS, GBV, SEA, VAC, before the GRM, stakeholder Plans project and VMGP) implementation 85 Labour and working Throughout the To be 770,000 conditions project conducted i. Labor management Implementation once, during 30,000 30,000 procedures stage early stages of ii. Grievance project 30,000 30,000 mechanism for activities. project workers iii. OHS measures 100,000 100,000 iv. Emergency preparedness and response 50,000 50,000 v. Project workers training 20,000 375,000 375,000 a. Training clinic and awareness for the PIU staff on the ESMF, Implementation systems (ESMS, GBV, SEA, VAC, GRM, stake holder Early stages of Plans and VMGF) During the the project b. Technical Capacity implementation implementation building for of the project safeguard staff c. Training of project To be implementing During project conducted at partners (CFI, implementation early stages of private energy the project companies, contractors and Refugee hosting communities) Monitoring and reporting Throughout the Quarterly 10,000 90,000 120,000 200,000 of the Environmental and project throughout the social risk of the project project implementation Early stages of To be 444,359 500,000 944,359 Equipment and the project purchased Retooling (Field during the start equipment) of project i. Fuel, vehicle implementation maintenance and lubricants ii. Noise metres iii. Air Quality monitor 86 iv. Gas metres v. Water Quality kit vi. Voice recorders vii. GPS viii. GIS Equipment ix. Cameras x. Greenhouse gas emission measuring equipment and software xi. Safe kits testing and monitoring tools for hazardous substances xii. Safety shoes xiii. Helmets xiv. Overalls xv. Reflector jackets xvi. Safety goggles xvii. First aid kit xviii. Rain coats Development of 500,000 500,000 strategies, guidelines and manuals i. Health, Safety and Environment ii. Biodiversity offsets guidelines iii. Climate change iv. RAP guidelines for the sector v. Health Impact assessment manuals and guidelines vi. Green procurement strategy and strengthening of ESHS in procurement, manuals and guidelines vii. Gender analysis and integration 87 viii. Procedures - managing Contractors & subcontractors ix. Dissemination of strategies, guidelines and manuals Development and implementation of relevant ESHS management systems i. Environment, Social, Management system (ESMS) ii. Health and Safety Management system iii. Institutionalising the HSE Unit iv. Incidents and accidents notification Resource efficiency and pollution prevention and management i. Management of waste and hazardous materials Community health and Bidding Throughout 250,000 250,000 500,000 safety documents at project i. Traffic and road project implementation safety effectiveness ii. Community health and safety iii. GBV and SEA risks iv. Security management plan security personnel Impact on crops, trees 10,108,108 and assets. i. Resettlement plans ii. compensation 1,300,000 iii. Monitoring and reporting 8,108,108 iv. Grievance 300,000 mechanism 300,000 88 v. Rap audit 80,000 Indigenous peoples/Sub- 110,000 Saharan African historically underserved traditional local communities 60,000 50,000 i. Vulnerable and marginalized groups plan development and implementation Cultural heritage 150,000 i. Develop and implement a chance 100,000 50,000 finds procedure. ii. Identify measures to address risks and impacts on cultural heritage. Stakeholder engagement 200,000 400,000 600,000 and information disclosure After project i. Prepare, disclose effectiveness and implement Stakeholder Engagement Plans (SEP) for subprojects. Purchase of office 179,440 179,440 equipment i. Conference table Chairs ii. Conference table iii. Desks iv. Office chairs v. Cabinets vi. Printers vii. Photocopier viii. Scanners ix. Desk computers x. Laptops xi. Projectors xii. Accessories xiii. Tablets 89 xiv. Paper shredding machine xv. Stationery, tonner and printer cartridges Development and 150,000 150,000 implementation of relevant ESHS management systems i. Environment, Social, Management system (ESMS) ii. Health and Safety Management system iii. Institutionalising the HSE Unit Apprenticeship and 231,000 231,000 Shadowing program i. Environment and Biodiversity Officer ii. Sociologists iii. Gender Officer iv. Safety Officer v. HSEU Office administrator vi. Driver vii. Support staff Trainings, Awareness Throughout the 300,000 300,000 clinics, Conferences project period and exchange visits i. Resettlement Action Plan, Land governance ii. Gender and gender audits iii. Environment and Social and Environmental Audits iv. Climate change v. Health and Safety vi. ISO 14001- environment, ISO 90 45001-Health & Safety and ISO 9001-Quality) vii. Biodiversity offsets viii. Sustainable and Green procurement public procurement ix. Health impact assessment Exchange visits, international conferences) Total budget 18,222,907 12.0: Conclusion and recommendations AND RECOMMENDATIONS The proposed project once implemented shall have more of positive benefits to the host communities and surrounding environment. The project impacts can easily be identified, medium to short term, site-specific, limited in scope, and readily mitigated using available technologies, and best construction practices. The project EA Category is Substantial, given the likely overall low impact of the project activities. The project will require establishment of clear implementation arrangements, and budget provision to ensure actual implementation of the environmental and social aspects, without which, the positive and expected benefits of the project will not be realized. Specific measures shall be implemented by Contractors, and such measures shall form part of the Contractors’ ESMPs. Socioeconomic impacts such as those associated to involuntary resettlement and compensation can be easily dealt with through RAP, ARAP– relevant guidance will be available on the RPF prepared in parallel to this ESMF. All project components shall be subjected to following the EA process and guidance set out in this ESMF, and will include project aspects that are assumed to be managed by the Contractor. These aspects tend to pose most challenges because of the Client’s tendency to leave such to Contractors. For this proj ect, the Client is encouraged to take interest and supervise the Contractors during acquisition and operation of auxiliary facilities. 91 REFERENCES African Agricultural Technology Foundation (AATF), 2009: Feasibility Study on Technologies for Improving Banana for Resistance against Bacterial Wilt in Sub-Saharan Africa. Nairobi, Kenya: African Agricultural Technology Foundation. African and Latin American Resilience to Climate Change (ARCC), 2013: Uganda Climate Change Vulnerability Assessment Report. Accessed at: http://community.eldis.org/.5b9bfce3/ARCC-Uganda%20VA- Report.pdf Atari, Odwa & McKague, Kevin. (2019). Using livelihoods to support primary health care for South Sudanese refugees in Kiryandongo, Uganda. Sudan medical journal. 12. 38-43. Businge, Z. (2017). Drivers of Wetland Degradation in Western Uganda and Iceland and How they are Addressed in the Current Policies and Legal Frameworks. Keldenaholt : United Nations University, 2017. Economic Policy Research Centre/EPRC 2010 Public Expenditure Tracking on Road Infrastructure in Uganda. Focus Economics (2020). Uganda Economic Outlook. URL: https://www.focus- economics.com/countries/uganda. Accessed on April 2, 2020 at 19:00 Hrs. GIZ - Uganda, Piloting Energy Access in Refugee Settlements and Host Communities to Create Evidence for Market-Based Approaches. Energizing Development 2018. GoU (2019). The National Environment Act, 2019. The Uganda Gazette No. 10, Volume CXII, dated 7th March, 2019. Uganda Printing and Publishing Corporation (UPPC), Entebbe, Uganda. Ministry of Water and Environment.State of Uganda's Forestry. Kampala : MWE, 2016. Ministry of Water and Environment.The National Forest Plan 2011/12 – 2021/22. Kamapala : Directorate of Environmental Affairs, 2013. Nabanyumya, R. (2017). Forests Plantation Industry in Uganda and the Role of Small Growers. New Forests for Africa, 5. National Environment Management Authority (2004). Environmental Impact Assessment Guidelines for the Energy Sector. NEMA, Kampala, Uganda. 140 pp. Office of the Auditor General.Value for Money Audit Report on Solid Waste Management in Kampala. Kampala, 2010. The 1995 Constitution of the Republic of Uganda UBOS (Uganada Bureau of Statistics).Statistical Abstract. Kampala : UBoS, 2017. UBOS (Uganda Bureaul of Statistics).National Population and Housing Census. Kamapal : UBOS, 2014. UBOS Energy for Transformation Baseline Survey (2018), UPF (2015). Annual Crime Report-2018. Uganda Police Force. Kampala-Uganda. 92 UPF (2016). Annual Crime Report-2018. Uganda Police Force. Kampala-Uganda. UPF (2017). Annual Crime Report-2018. Uganda Police Force. Kampala-Uganda. UPF (2018). Annual Crime Report-2018. Uganda Police Force. Kampala-Uganda. UNHRC (2020) ‘Refugees and Asylum-seekers from South Sudan, February 2018’, Available at:https://data2.unhcr.org/en/country/uga World Bank Environmental and Social Framework (ESF), 2018 ANNEXES Annex 1: Comparison of World Bank Environmental and Social Framework (ESF) objectives and Ugandan Policy and Legal requirements 3.1.1 Standard 1: Assessment and Management of Environmental and Social Risks and Impacts ESS Objectives National Legal Gaps Recommended requirements Actions (i) The National The role of ESIA prescribed by NEA The ESS1 that focuses Environment Act (NEA) 2019 in the identification and on an integrated To identify, 2019 requires evaluate and management of social risks is not Environmental and consideration of both clearly defined through supporting social risks and manage the Environmental and environment and guidance and regulation nor is it fully impacts will be social impacts. understood by all relevant followed during project social risks and impacts of the institutional actors. No standards for implementation in project in a manner social impact assessment are synergy with the NEA consistent with the provided. 2019. ESSs. 93 ESS Objectives National Legal Gaps Recommended requirements Actions (ii) The NEA (2019) Although current legislative The ESS of the World (section 5.2(j) explicitly framework seeks to avoid and Bank will be adopted To adopt a requires the application mitigate social risks, there is no mitigation hierarchy of during project the mitigation explicit directive to minimize impacts implementation. approach hierarchy in ESIAs or to promote the adoption of a (avoid, minimize, clearly-defined mitigation hierarchy restore, offsets) approach to managing social risks. In addition, the current system emphasizes cash compensation as a mitigation measure and hence does not address other losses. (iii) Ugandan Constitution The provisions in the Constitution do The ESS will be promotes the protection not explicitly require consideration of adopted for this To adopt and enhancement of the differentiated impacts a project particular case. differentiated equal opportunities and can have on vulnerable groups in measures so that the rights of vulnerable social impact assessment and hence adverse impacts do groups. do not accord with the requirements not fall of ESS1. disproportionately on the disadvantaged or The NEA 2019 requires vulnerable, and consideration of they are not vulnerability. As with all disadvantaged in social issues however, sharing the NEA provides no development details benefits and opportunities resulting from the project. (iv) There are various The mandated institutions have The ESS1 will be institutions systems, limited resources for the effective applied during to To utilize national environmental and social address this Gap. environmental and laws and regulations for the Environmental and implementation and with some social Institutions, exceptions, monitoring and systems, laws, Social management in the country compliance assessment is regulations and inadequate or absent. procedures in the assessment, development and implementation of projects, whenever appropriate. 94 ESS Objectives National Legal Gaps Recommended requirements Actions (v) As discussed in 1(ii) As discussed in 1(ii) above As discussed in 1(ii) above above To promote improved environmental and social performance, in ways which recognize and enhance Borrower capacity 95 3.1.2 Standard 2: Labour and Working Conditions 96 ESS Objectives National Legal Gaps Recommended requirements Actions (i) - National Industrial Policy - There is still no policy to guide The ESS shall be 2008 provides strategies its implementation of the given priority To promote for OHS. Occupational Safety and Health safety and health during project Act (2006). This, along with the implementation at work. - Workers Compensation poor staffing and funding of Act, 2000 provides for MoGLSD, has left many the provision of financial workers in unsafe working compensation for work conditions. related injury or illness. - There are conflicts between the mandates in the OSH and the - Occupational Safety and Physical Planning Acts. There Health Act of 2006 is also limited coordination consolidates, between DOSH, Police, and harmonizes and updates Ministry of Health on data the law relating to collection and oversight of OSH occupational safety and compliance in the workplace.17 health. It requires that - The Auditor General (2016), every factory is clean, reports a low rate of inspection including floors, walls, and many workers continue to workrooms, ceiling or top work in precarious conditions at of rooms risk of occupational diseases and accidents18. - HS practices are in place for World Bank and other donor funded projects, but less so for government, parastatals or some private sector projects. 97 (ii) - Article 31(b) of - Employment laws have weak or To promote the Constitution guarantees non-existent penalties for The fair treatment, (inter alia) gender violations. Sections 43 to 46 of implementation non- equality and labour the Employment Act No 6 of the project will discrimination rights, and equal (2006) address the payment of apply the ESS2 and equal opportunity in political, wages and outlaws the making opportunity of economic, and social of certain deductions from an project workers. activities, including employee’s pay, but offers no through affirmative remedy for non-compliance in action. the timely payment of wages or - Vision 2040 prioritises for unlawful deductions. Section gender equality 53 of the Act sets the maximum - National Development acceptable working hours per Plan II (2015-2020) day and per week but, with prioritises the exception of overtime, the law mainstreaming of provides no remedy for workers women’s empowerment who are obliged to work beyond and gender equality in even 10 hours a day. Section 59 key sectors. of the Act requires employers to - Domestic Violence Act provide written particulars (i.e., (2010) ensures contracts) to their employees, protection of women but provides no penalty/fine for from acts or omissions failures to do so.19 that may harm them. The 2012 Regulations of the 2006 Employment Act prohibit sexual harassment in the workplace. 98 ESS2 National Legal requirements Gaps Recommended Objectives Actions (iii) Employment Act (2006) The enforcement is lacking, in With the budgeting requires the protection of part due to lack of budgeting and allocated for this To protect workers during employment staffing, as well as the high project workers, project, harmony unemployment in the country, will be sought for including which facilitates the exploitation vulnerable both the ESS and of workers. the national workers. Furthermore, no specific requirements attention given to the vulnerable (iv) - The Employment Act (2006) - No applicable legislation on The ESS shall be (inter alia) prohibits the use a minimum wage. Section 32 given priority To prevent the of child labour of the Employment Act use of all forms during project contradicts other Ugandan implementation of forced labor - Labour policies that laws, by allowing for the and child labor. specifically address Gender employment of children and Vulnerability include the aged 14 for “light work� 2012 Employment (of under adult supervision (in Children) Regulations, 2012 contradiction to Section 7 of Employment (Sexual the Children (Amendment) Harassment) Regulations, Act (2016) which sets the National Gender Policy, employment age at 16). National Action Plan on - The Employment Act fails to Elimination of the Worst clearly define hazardous Forms of Child Labour in employment. Uganda (2012/13-2016/17), - The legal framework also and National Policy on fails to provide express HIV/AIDS and the World of punitive penalties for those Work (2007) found in violation of laws prohibiting the employment of minors, contributing to high school dropout rates, teenage pregnancies and health issues as children find work on project sites. 99 (v) The World Bank - Inadequate political ESS2 that is To support the - National Constitution space/bargaining power for principles of (1995) guarantees, in its stronger in terms ethnic minorities and of supporting the freedom of Objective XIV(a), the right historically disadvantaged association and of all Ugandans to (inter freedom of groups21 association will be collective alia) freedom of The casual nature of bargaining of association, the right to - adopted employment affects project workers collective bargaining, and unionization, as employees in a manner paid vacation (Chapter paid per day are unable to consistent with Four). These and other make the monthly check off national law. rights are detailed in a set in support of union of laws that includes the activities. On an individual Employment Act (2006), level, employers have also Workers’ Compensation deployed legal machinery to Act (2000), NSSF Act delay and subsequently (1985), Labour Unions Act deny access to justice, No 7 (2006), and Labour especially for vulnerable Disputes (Arbitration and workers Settlement) Act (2006), - The Ugandan labor Occupational Safety and movement is weaker with Health Act (2006). low worker participation and - Unions Act 2006 allows conflicts among unions this workers to establish and in return has an implication join unions and as such on the representation of accords with provisions in workers in policy ESS2. discussions (vi) To provide National Employment Policy There is an alignment of the There is freedom project workers for Uganda (2011) requires a Uganda’s laws with the ESS2 during with accessible mechanism to raise workplace regarding provision of workers implementation of means to raise concerns with accessible means to raise the project to adopt workplace workplace concerns. either the ESS2 or concerns. the national legislations 100 3.1.3 Standard 3: Resource Efficiency and Pollution Prevention and Management ESS Objectives National Legal requirements Gaps Recommended Actions (i) - NEA 2019, Section 5 (d) The NEA 2019, EIA guideline The National includes the principle that and others as stated in this requirements shall To promote the there shall be “optimum section accord with the ESS sustainable use be employed during sustainable yield in the on the promotion of project of resources, use of renewable natural sustainable use of resources including energy, implementation resources� water and raw materials. - 2011 EIA Guidelines for water resources related projects assist planners, developers, practitioners safeguarding water resources through EIAs. - Land Act Cap 227 obliges any person who owns or occupies land to manage and utilize it in accordance with the Water statute, the National Environment Act, the Forest Act and any other law. (ii) National Water Policy, 1999: Pollution remains a significant The World Bank promotes integrated water problem throughout Uganda ESS3 will be To avoid or resources management. (air, soil, water and noise). As minimize adverse employed as with Stipulates that drainage water with most other safeguards, most Bank funded impacts on shall not pollute surface or adherence to best practice is human health and projects for ground water, prevent only relatively good for bank effectiveness of this the environment increase in salinity levels, and or donor funded projects but by avoiding or ESS prevent soil pollution. poor when it comes to smaller minimizing proponents, many pollution from Water Act cap 152: Provides government projects and project activities. for use, protection, supply, where contractors from some management of water; countries are involved. establishes water and sewerage authorities, facilitates devolution of water and sewerage undertakings. Regulations are: Water Resources Regs (1998), Water Supply Regs (1998), Waste Water Discharge Regs 101 ESS Objectives National Legal requirements Gaps Recommended Actions (1998), Sewerage Regs (1999). - Public Health Act Cap 281 requires every local authority to take measures for preventing any pollution dangerous to public health. (iii) - NEA 2019, section 69 deals The National requirement as The national extensively with climate stated in this section accord requirements will be To avoid or change, while Section 5(s) with the ESF requirements minimize project- applied during includes the principle that in project related emissions the implementation of PPP of short and long- implementation. projects approaches that lived climate increase both the pollutants. environment and people´s resilience to impacts of climate change, are prioritized; NEA 2019, Section 6 - creates a Parliamentary Committee on Environment to (inter alia) provide guidance in the formulation and implementation of environmental and climate change PPPs. Section 9(2)(a) empowers NEMA to advise on the formulation of such PPPs (iv) Agricultural Chemicals Hazardous waste Measures (Control) Act, No. 1 of 2006 management is still a big regarding To avoid or controls and regulates the challenge. Not enough is minimize hazardous and non- manufacture, storage, being done by government, hazardous in the generation of distribution and trade in, use, the private sector, CSOs and hazardous and importation and exportation of ESS3 will be other stakeholders to raise applied non-hazardous agricultural chemicals awareness. There is waste. widening gap between CSOs Uganda is a Party to the and government and the Rotterdam Convention on private sector, making it Prior Informed Consent difficult for the establishment Procedure for Certain of a cordial working Hazardous Chemicals and relationship 102 ESS Objectives National Legal requirements Gaps Recommended Actions Pesticides in International Trade. (v) - Crop Protection Although there are no gaps The ESS3 will be To minimize and Department in the Ministry between international good applied the risk and of Agriculture, Animal practice on pest impacts Industries and Fisheries management and the associated with for plant pest prevention or Ugandan legal system, there pesticide use eradication programmes. are no comprehensive The department is also regulations to guide the responsible for enforcing implementation of the various regulations on registration Acts. This hampers the and the use of pesticides control of the use of and other agrochemicals. damaging pesticides - Agricultural Chemicals Control Board (ACB) regulates herbicides and pesticides - District Agricultural Officers and District Fisheries Officers are responsible for the surveillance and monitoring with regards to pest management and pesticide use chain. - There are several NGOs that monitor pest management pesticides 3.1.4 Standard 4: Community Health and Safety 103 ESS Objectives National Legal requirements Gaps Recommended Actions (i) - Health and wellbeing are - Health and safety issues are To anticipate and strongly articulated in the generally taken care of in The ESS4 that is avoid adverse Constitution of Uganda and World Bank and donor funded more impacts on the these principles have been projects, but less so otherwise comprehensive health and safety carried through to the - Most EIAs conducted focus standard will be of project-affected environmental policy and the mostly on environmental applied regarding communities NEA; issues, with social and health the anticipation during the project - The EIA Registration require issues receiving considerably and avoidance of life cycle from both NEMA to send a Project less attention. adverse impacts routine and non- Brief and/or EIA to lead - As in other countries, while on the health and routine agencies for comments. the impacts of the project on safety of project- circumstances. Lead agencies vary by the receiving environment are affected activity and sector so a assessed in the EIA, issues communities health-related project (or around occupational health one with major health and safety at the workplace implications) is sent to the are often neglected because Ministry of Health (MoH). worker and workplace health - Relevant sector legislation are considered under includes the Employment separate bodies of law Act, No 6 of 2006, the Occupational Safety and Health Act, No 9 of 2006 and the Workers Compensation Act, No 8 of 2000. - EIA regs specifically require EIAs to consider health issues - 2008 Guidelines for OHS, Including HIV provide a framework for workplace health & safety for all workers within the health sector. - HIV/AIDS Policy 1992: recognizes HIV/AIDS is a risk in infrastructure projects, encourages employers to develop in house HIV/AIDS policies, provide awareness and prevention measures to workers and avoid 104 ESS Objectives National Legal requirements Gaps Recommended Actions discriminating against workers with HIV/AIDS. - The Public Health (Control Of COVID - 19) Rules published on 24th of March, 2020 provides for Control of public gatherings, meetings, etc to prevent spread of COVID -19 - National Health Policy, 2010 requires GOU to address increasing burden of water borne diseases associated with safe and clean water, hygiene and environmental sanitation. - MoGLSD has a Directorate of Labour, Employment, Occupational Safety and Health, and is responsible for implementation of Labour policies and laws. (ii) - 2019 NEA provides for - However, there are To promote quality emerging environmental substantive gaps between The ESS4 will and safety, and issues including climate the international good apply to project considerations change practice requirements on the implementation relating to climate - Principle 5(s) of the NEA Safety of Dams and the since there is no change, in the requires that in the Ugandan regulatory legal framework design and implementation of public framework. There are for implementing construction of and private projects, priority inadequate competent the Policy. infrastructure, must be given to professionals to design and including dams. approaches that increase supervise the construction both the environment and of dams and implementation people´s resilience to the of dam safety measures impacts of climate change. through the project cycle. - Article 69 of NEA deals There is also no strong specifically with managing institution to regulate the climate change impacts on safety of dams in Uganda. ecosystems. The NEA requires ESIAs for Hydro- power generation facilities; including dams with an 105 ESS Objectives National Legal requirements Gaps Recommended Actions installed capacity of more than 1 megawatt, the construction of valley dams and valley tanks where the threshold is 1,000,000 m3 or more. - The NEA establishes the Policy Committee on Environment, whose responsibilities include providing guidance in the formulation and implementation of environmental and climate change policies, plans and programmes (PPPs) - The NEA establishes NEMA, whose functions include advising on the formulation and implementation environmental and climate change PPPs; - Uganda has a National Policy for Disaster Preparedness and Management, and makes disaster preparedness and management an integral part of the development planning process. The policy calls for community participation, public awareness and education, institutional capacity building, adequate expertise and technology, vulnerability analysis, human rights observance, social, environment and economic costs, climate change, partnership and coordination and regional 106 ESS Objectives National Legal requirements Gaps Recommended Actions and international partnerships. (iii) As discussed in 4 (i) and (ii) To avoid or above minimize community exposure to project-related traffic and road safety risks, diseases and hazardous materials. As discussed in 4 (i) and (ii) iv) To have in above place effective measures to address emergency events. A As discussed in 4 (i) and v) To ensure that (ii) above the safeguarding of personnel and property is carried out in a manner that avoids or minimizes risks to the project- affected communities vi) Ecosystem The World Bank services - The Constitution (1995) - Wetland cover decreased ESS standard (provisioning requires GOU to ensure from 13 per cent in 1990 to 8.6 will be adopted to and regulating) environmental protection & per cent in 2015. It is ensure not provides Ugandans a right to estimated that Uganda loses Ecosystem compromised clean & healthy environment. 846 km2 of its wetlands annually. 107 ESS Objectives National Legal requirements Gaps Recommended Actions - Section 4(1) of the NEA - Fish production is depleted services are not (2019), proclaims the “nature due to over fishing, illegal compromised has the right to exist, persist, fishing gear and invasive maintain and regenerate its species. vital cycles, structure, - Most rural water samples do functions and its processes in not comply with national evolution�. Section 4(2) drinking water quality provides that “a person has a standards. right to bring an action before - Soil fertility is compromised a competent court for any because of nutrient mining, infringement of rights of nature loss of soil cover and organic - The NEA (Art 44) empowers matter, low rainfall infiltration the Minister of the Ministry of and soil compaction. Water and Environment - Within protected areas, most (MoW&E) to prepare a wildlife populations are stable National Environment Action but human-wildlife conflicts Plan (NEAP) which will include have increased because of in clause (3)(h) the habitat degradation, growth in maintenance of ecosystem urban settlements, agriculture services and measures for expansion, and infrastructure preventing, reversing or developments. Other threats mitigating any deleterious are illegal wildlife trade and effect. alien invasive species. - In 2011, the MoW&E set up - Cultural sites are threatened the Environment Protection by quarrying, agriculture and Police Unit (EPPU) to enforce erosion. environmental laws and - Natural forest cover has prevent the degradation of been declining because of protected areas. The functions agriculture, charcoal and of the EPPU are wide-ranging wood fuel demand, and include (inter alia) monitor infrastructure development, and enforce compliance with and excessive harvesting. laws regarding the protection - Rangelands are under and maintenance of pressure from crop ecosystem services. production, overgrazing, - The National Environment privatization of the communal (Wetlands, River Banks and rangelands and invasive Lake Shores Management) species. Regulations, 2000 highlight the importance of wetlands and other water bodies in the maintenance of a healthy ecosystem and state that they should be protected from the 108 ESS Objectives National Legal requirements Gaps Recommended Actions negative effects of development projects. Under Regulation 5, EIA is mandatory for all activities in wetlands that could have an adverse impact. Regulation 8 provides for declaration of certain wetlands as fully protected wetlands because of national or international importance for biodiversity, ecology, natural heritage or tourism, and it prohibits all activities in such wetlands except for research, tourism, or restoration or enhancement. Various of the regulations require protection zones of between 30 and 200 meters along riverbanks and lake shores and state that no activity shall be permitted in the protection zones without the approval of the NEMA Executive Director. Local government environmental officers have a duty to assist in implementation of the regulations. - Art 54 of NEA 2019 (wetland management) requires the lead agency to identify wetlands of local, national and international importance as ecosystems and habitats of species of fauna and flora - Art 67 of NEA 2019 (payment of ecosystem services) empowers NEMA to issue guidelines and prescribe measures and mechanisms for (inter alia): - identifying and valuing ecosystem services that are 109 ESS Objectives National Legal requirements Gaps Recommended Actions critical for the environment and human well-being; - the instruments and incentives to generate, channel, transfer and invest economic resources for the conservation, restoration and sustainable use of the sources of ecosystem services; and - The criteria for the design of payment for ecosystem schemes that ensure ecosystem sustainability. vii) Safety of dams See 4ii must be ensured 3.1.5 Standard 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement ESS Objectives National Legal Gaps Recommended requirements Actions (i)To avoid involuntary -1995 Constitution The law does not, The ESS5 will be resettlement or, when guarantees protection of however, define any employed during unavoidable, minimize private property rights and corresponding tenure- project involuntary resettlement by the Government’s power specific approaches to implementation exploring project design to compulsorily acquire land acquisition or alternatives. private land for public use compensation, which has or in public interest. The resulted in contested terms “public use� and compensation processes “public interest� however, in practice are not clearly defined, leaving room for varied interpretations. - Article 237(3) establishes four distinct land tenure systems, but these multiple regimes require multiple approaches to compensation for land. 110 ESS Objectives National Legal Gaps Recommended requirements Actions ii) Mitigate impacts from - The Land Acquisition - Land Acquisition Act Harmony will be land acquisition or Act Cap 226 governs contradicts the made between restrictions on land use compulsory acquisition Constitution on several the ESS and the by providing timely of land for public points. Law does not Ugandan compensation for asset purposes in addition to recognise other rights legislations to loss at replacement the Art 26 (2) of to land (e.g., the right to minimize the cost and assisting Constitution of Uganda farm, build, hold a impact of land displaced persons to and S. 42 and S.77 of mortgage, occupy and acquisition or improve or restore, the Land Act. grant use to another) restriction on land their livelihoods and - Compensation and nor the eligibility of use by providing living standards, to pre- resettlement rights of renters, licensees, timely displacement levels or spouses and children informal settlers or compensation for to levels prevailing prior are protected under the users of public lands for asset loss and to beginning of project Constitution and Land compensation when the restoration of implementation, Act (Cap 227). The land on which they livelihood. whichever is higher. consent of spouse and reside or operate is children must be compulsorily acquired, acquired prior to any occupation or use is transaction by head of less than 12 years, or households on land on occupants/users have which the family lives. ignored calls to leave. - No legal requirement in cases of land acquisition to set a cut- off-date after which people moving into a project area are no longer entitled to compensation, regulate the management of the displacement and resettlement of project- affected persons, prioritise avoidance and minimisation of land acquisition, require the special protection of vulnerable persons, require the conducting of socio-economic and cultural studies or the undertaking of stakeholder consultation, 111 ESS Objectives National Legal Gaps Recommended requirements Actions participation, and information sharing, or define the social development aspects of the resettlement process30. - In some case studies, resettled people were not assisted to resettle in their new communities; the resettlement policy does not have regard to the impact of the new community in which the resettled person has been resettled to31 - The 2016 Safeguard Diagnostic Report listed (inter alia) the following as gaps between WB requirements and Ugandan laws: - Ugandan laws do not appear to make provisions for avoidance or minimizing of involuntary resettlement - The legal right to resettlement is applicable to only those with propriety interest in the affected land. Entitlement for payment of compensation is essentially based on the right of ownership or legal user/occupancy rights. - In Uganda law those without formal legal rights or claims to such 112 ESS Objectives National Legal Gaps Recommended requirements Actions lands (e.g. tenants) are not entitled to be resettled or compensated. - Those without formal legal rights or claims to such lands and/or semi- permanent structures are not entitled to resettlement assistance or compensation. - The 2019 SRM Technical report identified the following weaknesses: - - Outdated, incomplete and/or overlapping laws and regulations, and lack of a clear and comprehensive national policy and guidelines; (ii) The Ugandan The law does not, The ESS5 will be Constitution 1995 is however, define any employed in case To avoid forced eviction aligned with this principle corresponding tenure- of compensations and explicitly states in specific approaches to for land during Article 26(2) that no land acquisition or project person shall be compensation, which has implementation compulsorily deprived of resulted in contested property unless the compensation processes acquisition is for public in practice. use and done under a law that makes provision for the prompt and prior payment of fair and adequate compensation as well as right of access to a court of law by any person with an interest or right in the acquired property 113 ESS Objectives National Legal Gaps Recommended requirements Actions Article 237(3) establishes four distinct land tenure systems, but these multiple regimes require multiple approaches to compensation for land. (iii) The Land Acquisition Act The ESS5 will be contains no requirement adopted To mitigate unavoidable The Ugandan that payment be made adverse social and Constitution declares that regarding the prior to acquisition and issue of economic impacts from prompt and adequate posits that the land acquisition or compensation must be compensations government may take that may occur restrictions on land use by: paid prior to acquisition of possession of land once (a) providing timely the affected property. during project the compensation implementation. compensation for loss of amounts have been assets at replacement cost determined. and (b) assisting displaced The Land Acquisition Act persons in their efforts to Cap 226 governs No legal requirement in improve, or at least restore, compulsory acquisition of cases of land acquisition their livelihoods and living land for public purposes in to set a cut-off-date after standards, in real terms, to addition to the Art 26 (2) which people moving into pre-displacement levels or of Constitution of Uganda a project area are no to levels prevailing prior to and S. 42 and Section 77 longer entitled to the beginning of project of the Land Act. compensation, implementation, whichever Compensation and Furthermore, both the law is higher. resettlement rights of and practice of spouses and children are resettlement in Uganda protected under the are almost exclusively Constitution and Land Act focused on the payment of (Cap 227). The consent of cash compensation and spouse and children must do not explicitly consider be acquired prior to any aspects such as livelihood transaction by head of restoration, transitional households on land on assistance or post which the family lives. resettlement support and assessment – principles enshrined in ESS5. At present there is no requirement for an assessment of the impacts of resettlement on affected people (beyond asset valuation) making it 114 ESS Objectives National Legal Gaps Recommended requirements Actions impractical to seek to mitigate impacts. (iv)To improve living As discussed in 5 (iii) conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure (v)To ensure that As discussed in 5(iii) resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and the informed participation of those affected. 3.1.6 Standard 6:Biodiversity Conservation and Sustainable Management of Living Natural Resources 115 ESS Objectives National Legal requirements Gaps Recommended Actions (i)To protect and - The Constitution (1995) The National The national conserve biodiversity requires GOU to ensure requirements on requirements will be and habitats. environmental protection & protection of adhered to since they provides Ugandans a right Biodiversity accord with accord with the ESS6 to clean & healthy the ESS6 environment. - Section 4(1) of the NEA (2019), proclaims the “nature has the right to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution�. Section 4(2) provides that “a person has a right to bring an action before a competent court for any infringement of rights of nature - Wildlife Act Cap 200 provides for sustainable management of wildlife, to consolidate laws relating to wildlife management, establishes the Uganda Wildlife Authority, requires developers doing projects which may affect wildlife to undertake EIAs - Wildlife Policy, 2014 aims at conserving wildlife in a manner that contributes to SD and wellbeing of people. Includes management of wildlife protected areas. - Forestry and Tree Planting Act (2003) provides for the conservation, sustainable 116 management and development, and use of forests for the benefit of the people. It provides that the forests shall be developed and managed so as to conserve natural resources, especially soil, air and water quality - Forestry Policy 2001 seeks to establish an integrated forestry sector that achieves sustainable increases in the economic, social and environmental benefits from forests and trees by the people of Uganda, especially the poor and vulnerable. One of the strategies is (ii) Where biodiversity Mitigation hierarchy is -implementation is The ESS6 will be impacts likely, apply explicitly required by the variable – good in the adopted for EASP mitigation hierarchy NEA (2019) (section 5.2(j) case of donor or Bank being a bank funded and precautionary and further elaborated funded projects, but project so as to approach in project (section 115) - (avoid, modest to poor achieve good design & minimize, restore, offsets), otherwise. compliance implementation but maximizing benefits is - Even though not emphasized. screening of projects is undertaken by NEMA at an early stage to identify potential biodiverse areas, political interference puts certain natural habitats at risk especially wetlands and forests.32 - According to NEMA, members of the district land boards are a significant contributor to environmental degradation especially of wetlands where local governments have 117 been issuing land titles in designated wetlands in contravention of conservation laws. (iii) As discussed in 6 (ii) The ESS6 will be Fisheries Policy, 2004 aims adopted To promote the at developing cooperation The implementation is sustainable with neighbours on highly variable as management of living management of shared discussed in (ii) above natural resources. water bodies, and stocking to improve fisheries diversity and productivity. (iv)To support National Land Policy 2013 is The implementation is The ESS6 will be livelihoods of local aimed at ensuring efficient, highly variable due to applied communities, equitable and optimal and low enforcement including Indigenous sustainable utilization and Peoples, and management of land inclusive economic resources for poverty development, reduction, wealth creation through the adoption and socioeconomic of practices that development integrate conservation needs and development priorities 3.1.7Standard 7:Sub-Saharan African Historically Underserved Traditional Local Communities ESS Objectives National Legal requirements Gaps Recommended Actions (i)To ensure that the There is no legislation, - In practice, however, The ESS7 will prevail development process which is equivalent to this there is no legislation during project fosters full respect for ESS7 principle in Ugandan nor institutional implementation the human rights, Law. However, Article 37 of arrangements in place dignity, aspirations, the Constitution seeks to to enable this to identity, culture, and protect the right of all happen. As such, it is natural resource based Ugandans to have their fair to say that while it livelihoods of culture and traditions is not the intention of Indigenous respected. Specifically, the the Government to Peoples/Sub-Saharan exclude traditional African Historically local communities, 118 ESS Objectives National Legal requirements Gaps Recommended Actions Underserved Article enshrines the right to - The Ugandan system Traditional Local belong to, enjoy, practice, does not include the Communities. profess, maintain and necessary provisions promote any culture, to overcome the cultural institution, historical obstacles to language, tradition, creed or such communities religion in community with enjoying the benefits others of the development process. The National Land Policy 2013 affirms that the land rights of pastoral communities will be guaranteed and protected by the state, by ensuring that pastoral lands are held, owned and controlled by designated pastoral communities as a common property under customary tenure. The Land Act of 1998 and the National Environment Act protect customary interests in land and traditional uses of forests. (ii)To avoid adverse Article 37 of the Constitution There is no legislation, The ESS7 will be impacts of projects on seeks to protect the right of which is equivalent to applied in Indigenous Peoples or all Ugandans to have their this ESS7 principle in when avoidance is not culture and traditions Ugandan Law. possible, to minimize, respected mitigate and/or compensate for such impacts. (iii)To promote - Article 36 of the - In practice, however, The ESS that clearly sustainable Constitution protects there is no legislation outlines promotion of development benefits the rights of minorities nor institutional sustainable and opportunities for to participate arrangements in place development Indigenous Peoples in in decision-making to enable this to benefits and a manner that is processes, and states happen. As such, it is opportunities for accessible, culturally that their views and fair to say that while it Indigenous Peoples interests shallbe taken is not the intention of will be adopted when into account in making the government to implementing the 119 ESS Objectives National Legal requirements Gaps Recommended Actions appropriate and national plans and exclude traditional project in areas with inclusive programs. local communities, the such baa category of - And as notedabove, Ugandan system does people. Article 32 places a duty not include the on the state to take necessary provisions affirmative action in to overcome the favorof groups that historical. have been historically - Obstacles to such disadvantaged on the communities enjoying basis of history,tradition the benefits of the or custom, for the developmentThe purpose of redressing Ugandan system does imbalances which exist not include the against the necessary provisions - In principle, these two to overcome the articles allow for the historical obstacles to involvement such communities oftraditional local enjoying the benefits communities in of the development development planning process. and affirmative actionto ensure they benefit from the development process. (iv) To improve project There are no provisions The NEA 2019 accords The National design and promote under Ugandan law with the ESS7 legislation will be local support by requiring enhanced applied in harmony establishing and consultation for traditional with this ESS during maintaining an local communities. the implementation ongoing relationship of the project based on meaningful However, the National consultation with the Environment Act 2019 Indigenous Peoples requires that ESIA be affected by a project carried out with human throughout the rights risk assessment project’s life cycle Section 111(3) and in due regard for international human rights standards section 5(2)(r) and thus it requires consultations with cultural leaders for the traditional local communities 120 ESS Objectives National Legal requirements Gaps Recommended Actions (v)To obtain the Free, There is no equivalent The proposed SIAA Bill The ESS that Prior, and Informed concept to FPIC in either fronts consultation as an emphasizes the Consent (FPIC) of existing or planned important part of the FPIC of the affected affected Indigenous Ugandan legislation. project development stakeholders and Peoples in the three process. communities shall be circumstances adopted described in this ESS. (vi)To recognize, Article 37 of the Constitution There are no provisions The ESS7 shall be respect and preserve seeks to protect the right of for adapting the adopted the culture, knowledge, all Ugandans to have their development process for and practices of culture and traditions the particular needs of Indigenous Peoples, respected traditional local and to provide them communities. with an opportunity to adapt to changing conditions in a manner and in a timeframe acceptable to them. (i)To protect cultural The Historical The Historical Monument Act is in The National heritage from the Monument Act, Cap alignment with this ESS legislation will be adverse impacts of 46requires adopted since it project activities and Preservation and accords with the support its protection of historical ESS8 preservation. monuments and objects of archaeological, paleontological, ethnographical and traditional interest. It requires that any person who discovers any portable object in the course of an excavation shall surrender such objects to the Minister who 121 shall deposit them in the museum (ii)To address cultural The Uganda National This policy accords with the ESS8 The National heritage as an integral Culture Policy, 2006 policy framework aspect of sustainable enhances the on culture and development. integration of culture sustainable into national development will development. be adopted (iii)To promote The Constitution The lack of legislation to guide the The ESS that is meaningful requires the consultation of people on matters well elaborate on consultation with consultation of people that affect them remains a big promotion of stakeholders regarding on matters that affect loophole in ensuring planning and meaningful cultural heritage. their lives, including budgeting of meaningful consultations with development projects consultations. stakeholders will be applied during project implementation (iv) As discussed in 6 (iv) To promote the equitable sharing of benefits from the use of cultural heritage 3.1.8Standard 8:Cultural Heritage ESS Objectives National Legal requirements Gaps Recommended Actions (i)To protect cultural The Historical Monument The Historical Monument Act The National heritage from the Act, Cap 46requires is in alignment with this ESS legislation will be adverse impacts of Preservation and protection adopted since it project activities and of historical monuments accords with the support its and objects of ESS8 preservation. archaeological, paleontological, ethnographical and traditional interest. It requires that any person who discovers any portable object in the course of an excavation shall surrender such objects to the Minister 122 ESS Objectives National Legal requirements Gaps Recommended Actions who shall deposit them in the museum (ii) To address cultural The Uganda National This policy accords with the The National heritage as an integral Culture Policy, 2006 ESS8 policy framework aspect of sustainable enhances the integration of on culture and development. culture into national sustainable development. development will be adopted (iii) To promote The Constitution requires The lack of legislation to The ESS that is meaningful the consultation of people guide the consultation of well elaborate on consultation with on matters that affect their people on matters that affect promotion of stakeholders regarding lives, including them remains a big loophole meaningful cultural heritage. development projects in ensuring planning and consultations with budgeting of meaningful stakeholders will consultations. be applied during project implementation (iv) To promote the As discussed in 6 (iv) equitable sharing of benefits from the use of cultural heritage Standard 9:Financial Intermediaries ESS Objectives National Legal Gaps Recommended requirements Actions (i)To set out how the FI will Financial Institution Act There is no law that The WB ESS9 assess and manage 2004 provide for the compels FI to assess will be adopted environmental and social risks regulation, control and and manage E&S risks and impacts associated with discipline of financial and impacts associated the subprojects it finances. institutions by the with projects Central Bank; (ii) As discussed in (i) above As discussed in (i) As discussed in To promote good above (i) above environmental and social management practices in the subprojects the FI finances. 123 ESS Objectives National Legal Gaps Recommended requirements Actions (iii) As discussed in (i) above As discussed in (i) As discussed in To promote good above (i) above environmental and sound human resources management within the FI. Standard 10:Stakeholder Consultants ESS Objectives National Legal Gaps Recommended requirements Actions (i) The Constitution The lack of legislation to guide the The ESS10 will requires the consultation of people on matters be employed To establish a consultation of people systematic approach to on matters that affect that affect them remains a big during project stakeholder loophole in ensuring planning and implementation. their lives, including budgeting of meaningful engagement that will development projects help Borrowers identify consultations. stakeholders and build The Consultations required by the and maintain a NEA would be insufficient for the constructive National Environment effective management of social relationship with them, Act (2019) requires risks on a project with significant in particular project- consultation impacts since it considers mainly affected parties. environmental risks. (ii) The Constitution There is no legislation describing The ESS 10 will requires the how to do this in practice. As such, be applied To assess the level of consultation of people there is a general lack of planning stakeholder interest on matters that affect and budgeting for meaningful and support for the their lives, including consultation and inclusion of local project and to enable development projects. stakeholders views in projects stakeholders’ views to designs be taken into account in project design and environmental and social performance. (iii) The Decentralization The decentralization tends to be The ESS10 will Law requires project hampered by capacity and be applied to To promote and provide implementing resource limitations. Ministries means for effective and promote effective agencies to engage often fail to include local inclusion of inclusive engagement with project affected governments in institutional with project-affected project affected communities in arrangements for managing a parties throughout the project. National projects may project life cycle on 124 issues that could coordination with local begin with local engagement but parties in the potentially affect them. governments. not follow up or may even be implementation implemented without the knowledge of local authorities. (iv) The National There is clear alignment of these The ESS and the Environment Act national legislations and the ESS applicable To ensure that (2019) and EIA appropriate project national Regulations (1998) legislations may information on require the environmental and be harmonized explanation of project during project social risks and impacts impacts to project is disclosed to implementation affected persons, stakeholders in a public participation in timely, understandable, ESIA studies, and the accessible and dissemination of appropriate manner information via and format. newspapers and other mass media. There should also be access to information and contact with project staff at the local level. (v) Ugandan law makes There tends to be lack of support The project no provision for To provide project- project level GRMs. for enforcement of the local GRMs GRMs shall be affected parties with However, there are due to various reason adopted in accessible and accordance to inclusive means to a number of formal this ESS10 raise issues and and traditional grievances, and allow mechanisms for Borrowers to respond grievance redress that to and manage such operate at the local grievances. level which support and reinforce project level GRMs. 125 Annex 2: Detailed Matrix of issues raised during stakeholder consultations and engagements STAKEHOLDER VIEWS ON THE VMGS- TELEPHONE CONSULTATION 1. THE IK, Kamion Sub-county, Kaabong District Names Position/Organisation Telephone contact 1. Lomeli John Mark District Councilor, Kamion Sub-county 0782 911102 2. Nancy SAS/Sub-county Chief, Kamion Sub- 0782 109980 county 3. Jimmy District Community Development 0772 448025 Officer 2. The Batwa, Kanungu and Kisoro Districts Names Position/Organisation Telephone contact 1. Kalimunda Benon Batwa Community Chairperson, 0787281920 Kanyantorogo sub-county, Kanungu District 126 2. Mwesigwa Jones SAS/Sub-county Chief, Bwambara 0782 109980 Sub-county, Kanungu District 3. Kamara Christopher Community Batwa Focal Person 0772658174 4. Ngabirano Justus Secretary for Production, Rukungiri 0774298649 District Local Government KEY ISSUES RAISED VMG Group Issues raised The Ik The Ik live in the Morungole mountains in Kamion sub-county, Kaabong District. The Ik community is unique and vulnerable. Apart from being a border population (occupying borderline of Uganda, Kenya and South Sudan), they stay in hilly areas and this makes exposure and access to information and other services difficult. They are highly marginalized and vulnerable. Subsistence Land use The Ik are hunter-gatherers and they depend on honey and fruits from the forests. Those who are able to slope downhill’s practice subsistence farming with small portions of maize and beans. The Ik are not pastoralists and as a result, they have limited movements and have remained neutral in cattle rustling and other movement related conflicts affecting their neighbours. Poor road network Kamion sub-county and Kaabong District generally is an area characterised by very bad terrain and poor road network. Accessibility to the Ik is a problem mainly due to the mountainous nature of the area. This limits access to markets and other social services. Construction of access roads as part of the project corporate social responsibility will improve communication through road infrastructure development in the area. Socio-economic issues Although the Ik community is positive to development, education levels have remained very low with high rates of school drop-out due to limited number of schools in the area and long distances to schools. There is not much economic activity in the Ik land due to poor roads and accessibility of the area. The Ik sell honey, which they harvest from the forests. Forests are an important preserve and source of means of survival and preservation of their unique identity. There is high prevalence of alcohol abuse. Other major social problems include poverty, child marriages and domestic violence. Sensitization about electricity 127 VMG Group Issues raised Electricity is a new development in the area and embracing it requires extensive mobilization and sensitization because currently, the existing types of housing and petty economic activities do not seem to press a high demand of electricity in that area. People may be hesitant to electricity connections because they believe it is costly and a privilege that not everyone can afford. Leadership In 2015, Ik County became a constituency and since 2016 the Ik people got their first representation in Parliament of the Republic of Uganda in the 10th Parliament. Local leadership is optimistic that this representation can help to advocate for further recognition of the Ik to ensure that under the implementation of the NDP III, better infrastructure can be established in the area and electricity once extended in the area can transform the lives of the Ik. The District Local Government works with some voluntary NGOs to address the socio- economic challenges facing the Ik but they still prevail. Other issues and suggestions  Work with and facilitate local government authorities to reach the vulnerable and marginalized community of the Ik in the delineated area and sensitize them about economic opportunities and better farming methods. Implementation of such initiatives through EASP will contribute to the actualization of ongoing government initiatives towards attainment of the various local development goals/ targets for the Ik.  Electricity access is very necessary for schools and health facilities. With access to electricity, local leadership is optimistic that more boarding schools can be established and health centres can be elevated. The only secondary school in the sub-county can have more pupils and improve the education standards of the Ik.  More sensitization and awareness about importance of electricity to households and economic development should be enhanced to effect mindset change.  Provide subsidized power supply to support small enterprises and individuals who cannot currently afford connection, maintenance and electricity bills. The Batwa The Batwa tribe, which is also known as the Pygmies are one of the vulnerable group living in Kisoro, kabala, Kanungu and Bundibugyo districts. These people are believed to have migrated from the Democratic Republic of Congo in search for wild animals and honey. According to 2002 population census, the Batwa population is about 6000. They live in small huts made of sticks and grass. Poverty High poverty levels in the community caused by highly undependable climate, low produces and low market prices, for their produce even if the community would depend farming. 128 VMG Group Issues raised Nature of households and dwelling for electrification The Batwa live in grass-thatched houses and according to their leader, access to electricity and household connections may not be something they will quickly embrace. Most Batwa prefer darkness to light even though many civil societies have been engaged in campaigns to change their perception. There are also fears that without adequate sensitization, many people can be electrocuted. There may be serious challenges with maintenance of electricity equipment and the cost. According to the community leaders, EASP will be of good importance because currently the government has constructed a school within their community and it requires electricity. Inadequate land for settlement Some Batwa people are mobile due to unclear land tenures. They move when their lands are acquired from them or when they need to grow crops, away from where animals threaten to destroy them. When they are not assured of permanent settlement, they construct temporary shelters. Economic activities The Batwa commonly known as beggars have received many initiatives from various NGOs including BPD, BMCT, and UOBDU, but have not yet embraced self-reliance. Kanungu District, for instance, has persistently provided various crop seeds through their agricultural initiatives but the Batwa have in turn sold such agricultural inputs. Although they are known as hunters, they also do other forms of labour at low pay. Some do basic jobs or agriculture, while others make handicrafts and jewellery for sale to locals and tourists. They also do singing and dancing as form of entertainment for payment by visitors. Tourists pay some money to the dancing groups to be entertained. Education Batwa, access to education means change at the most basic level, such as being able to read public signs and notices. It allows self-sufficiency and promotes self-esteem; it offers the potential to undertake training in technical skills or to access employment, all of which would help Batwa people overcome the poverty they live in. Even when Batwa children do access school, they experience direct and indirect discrimination. Health service access Many Batwa people do not access and utilize health care services because they cannot pay for consultations and medicines. Even in government facilities, they are said to be 129 VMG Group Issues raised discriminated as they do not have the documents and identity cards needed to obtain hospital treatment, or are subjected to humiliating and discriminatory treatment. Social dynamics Women participation in social and community management activities is minimal compared to men. There are small numbers of women that participate in community meetings and this reflects the power dynamics in society; few Batwa women have the level of education needed to take up positions in local governance or obtain government employment. Impact of the EASP According to responses from consultations, EASP will not have negative effects to the Batwa community given that no cultural or traditional site will be destroyed during and after the implementation. There is need to work with Local government and Batwa Community leadership structures to undertake more sensitization and awareness about importance of electricity to households and economic development to effect mind-set change and make Batwa become beneficiaries of Government Development initiatives like electricity. Local leadership also proposes that the project should provide casual employment to local Batwa instead of importing them from other areas. Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC)  Female headed households, PWD, Elderly Vulnerable Project may displace and affect the culture of  Document the information about Groups elderly and children the project for the vulnerable groups  ESIA studies to involve an The use of digital equipment, e.g. mobile phones Archaeologist to document the should be enhanced in northern Uganda to PCRs, map project impacts and enhance solar energy uptake. mitigation measures  Engage the Batwa that live near the PAs. The Batwa live near Bwindi NPP and Semuliki NP. 130 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC)  Forest adjacent communities are marginalized by the vermins and the forest shades that lower their harvests  The Batwa (Mt. Rwenzori), Tepeth (Kotido), Ndorobo (Benets) and the Ik (Moruongole) are marginalized  NFA staff is also vulnerable because of attacked by forest encroachers  West Nile is largely marginalized. There is overreliance on solar systems.  Finix considers anybody who does not have electricity or uses Tadoba (Tier 0) as marginalized because they cannot afford.  The Child Headed households, elderly and rural village communities are vulnerable.  Other vulnerable and marginalized groups are fisherfolks, informal sector and the nomads  Karamoja Regional Museum, Wadilai Fort and Fort Patico Heritage sites Lack power connection should be prioritized for power connection under the EASP. This will aid tourism and education  Support relocation of the Physical Cultural resources Refugee camps Lack of power is one of the issues that is affecting  The clustering of the refugees the refugee camps in Uganda. and the hosts has proved to be more effective  Off-grid component is effective for refugees because of the semi- permanent structures used by refugees. 131 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC)  Support appeasement ceremonies during relocation of PCRs  Support the MoTWA to introduce cultural resource centres for Refugee camps Some intangible spiritual sites may be overlooked  Engage caretakers of the during project implementation intangible sites Intangible  Work with the Local Leaders and spiritual sites the Cultural institutions during the mapping and relocation process  Engage the Uganda Wildlife Authority Stakeholders to More stakeholders should be engaged prior and  Connect power to Queen’s be engaged during the implementation of EASP Pavilion at Queen Elizabeth National Park  UWA is planning the Cable Car at Mt. Rwenzori NP and will require power  Engage the Ministry of Water and Environment especially in the Clean Energy component since it has positive impact in the environmental conservation  Consult Department of Culture at MoGLD for input on the PCRM  Consult the Department of Museums and Monuments  Consult cultural institutions such as Buganda Kingdom and other Cultural Institutions on the country side  Consult WWF UCO on the Clean Cooking component. WWF has implemented many projects and documented Lessons, challenges and opportunities.  Engage the Uganda Hotel Owners’ Association to generate the lodges that are in dire need of 132 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC) the power connection. UHOA is a great private Sector player  Use the appropriate language during stakeholder engagements  EASP should develop Community Engagement Plans  Use Free Prior and Informed Consent (FPIC) during stakeholder engagement There are positive impacts of this project especially  Engage the poor communities in from the clean cooking component that will relieve benefiting from the EASP Positive Impacts buffer zones from tree felling by communities  Power should be provided at a cheap cost to enhance Communities within the park at L. Mburo and those affordability. adjacent to Mt. Rwenzori NP will benefit from this EASP  EASP to develop a Labour Force Management Plan Power connection may lower the pressure on  Document the number of jobs Protected Areas from communities near Protected and quality (casual, semi-skilled Areas and skilled labour) that will be created by EASP The EASP will create employment opportunities to  The project should employ locally the host communities available labour and expertise in the EASP.  Document the jobs created by the EASP so that the impact of the project can be further emphasized Grid Densification has a tendency of increasing the  Engage UWA on the contested encroachers in Protected Areas areas within Protected Areas to Negative avoid escalating encroachment Impacts Repossession of solar products that are acquired  There should be mechanisms of on loans by beneficiaries protecting people from electricity Electricity has potential to electrocute people. shocks associated with illegal power connections. Excavation during the grid densification may  EASP should consider the impact on the vegetation subsidies for those who may face Wildlife habitats will be affected by the EASP if it is difficulties in paying implemented in CFRs 133 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC) The solar distribution has potential environmental  UWA should be engaged as degradation impacts from the waste solar batteries much as possible in case of and panels excavation within parks.  The solar distribution companies High Voltage Power lines and distribution lines need to employ the Recycle and lower the touristic value of the True African Re-Use model Wilderness especially Kidepo Valley National Park. This explain why UWA and private investors  Engagements with UWA prior to resist power projects. designing of any power lines through Protected Areas Establishment of infrastructure in the forest estate  Alternative project designs negatively impacts on the CFRs should be explored to ensure that the project does not damage the tourist value of the protected areas Various facilities lack electricity despite their  Focus on Protected Area importance in promoting Development Headquarters that do not have Facilities in need electricity or that are being run by of electrification off-grid systems  Some Park Headquarters may benefit from off-grid component to spur tourism  UWA should provide the priority list for PA Headquarters that should benefit from the EASP  Consider connecting the Eco- tourism facilities/lodges within the protected areas for either off-grid on on-grid electrification to enhance foreign exchange. The Eco-tourism facilities owners are willing to sustain this power usage  The communities near the National Parks such as Karamoja need off-grid systems For the effective implementation of the project, the  MoTWA will participate in project should consider collaboration stakeholder engagement at the Collaboration Protected Areas  NFA is grateful for the partnership with the Energy sector especially 134 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC) in restoration of forests affected by previous projects  Department of Museum and monuments should also be involved in case of heritage materials  Undertake stakeholder analysis before selection of partnerships  Unlike the EASP packaging, Implementing Partners include NGOs in refugee interventions. The language in EASP and OPM should be harmonized There is a tendency to take power away from the  Priority should be given to the power generation sites communities near the power Equity generation areas  The benefits should not be for the Islands of Uganda are not powered elites and the those who are already resourced  It is important to consider the stakeholders with multiple rooms/huts with limited ability to pay.  UECCC should focus on islands to boost the Blue Economy for tourism and hotels and employment opportunities Affordability for clean cooking is still a major  Subsidizing gas and other clean challenge to its adoption in Uganda cooking technologies is one of Clean cooking the opportunities for relieving forests from degradation for charcoal.  The country should be zoned based on feasible clean cooking technologies.  Feasible sustainable cooking fuel in and around protected areas is needed as an incentive for their conservation efforts 135 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC)  The charcoal sector is informal. EASP should support household charcoal production to save the CFRs from degradation.  Charcoal production from Bamboo is being piloted to save the CFRs.  Survey on affordability and assessment of the most energy mix should be undertaken A number of policies are recommended during the  Uganda Wildlife Act, 2019 implementation of EASP  The Tourism Act Policies  National Environment Act (NEA, 2019)  The Museums and Monuments Act  NFA operates under the NFTPA, 2003 and the Forest Policy of 2001  Employment Act, 2006 Integration of cultural issues should be prioritised  Engage the Department of during the implementation of EASP Culture at MoGLSD to develop Culture the capacity on culture management during EASP  Always engage the Department of Culture in advance to avoid emergency response when cultural aspects impede project activities  The design of clean cooking technologies should be aligned with the culture of the people for example, firewood is considered the best for steaming food and roasting meat  The frameworks should be set up at the District and lower Levels to Grievance handle grievances  Involvement of local leaders in resolving of the grievances 136 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC)  Set clear performance indicators  A national multi-sectorial M&E Monitoring and Team should be formed to Evaluation monitor EASP. Refugee settlement is ad hoc. They are settled  NFA has a partnership with the near CFRs. The environment has suffered from UNHCR to provide fuel woodlots refugee settlement in Uganda because of their and the restoration of degraded Refugees settlement in and around CFRs or Protected CFRs and distribution of Areas, demand for wood fuel, water among other seedlings to refugee settlements resources. and the host communities.  Their livelihoods should be restored holistically including provision of clean water, fuel wood, education, etc.  According to the international refugee law, the Refugees should be settled at least 100 Km from the mother country and the refugees should be settled at least 50 Km from the protected areas  Infrastructure such as schools, water supply schemes and health centres should be designed with participation of both host communities and the refugees to ensure the infrastructure is sustained after the refugees have been repatriated  EASP to study the DRDIP energy and environmental component in order to build synergies Management of waste from solar poses a great  Global Off-grid Association has challenge an e-waste policy working group E-waste that should be emphasized. management  Reuse, recycle of waste is being undertaken by the USEA members  There is a potential risk of electronic waste management. 137 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC) EASP should include E-waste management strategies in the ESMF Workers sign the Code of Ethics to ensure the  Workers Ethics and Codes of community is protected Conduct should be adhered to Code of conduct during the implementation of the EASP especially for solar installers and contractors. Gender Based The USEA screens with the members about the  The project should put in place Violence and conduct of workers before measures to avoid GBV resulting SEA among the from project implementation solar workers There have been challenges with the quality  UNBS will commence the assurance of solar products implementation of the Quality Solar products Assurance Framework in April quality 2020 management Best solar technologies are available on market  The best solar technologies are from Switzerland and Germany  There is need for MoH and MoES to engage the local solar companies in the supply and installation of solar systems  Local content promotion is needed from MoH and MoES Land acquisition There are delays in acquisition of customary land  Need to acquire land prior to implementation  Adequate and timely compensation should be provided to project communities  Cut off dates should be communicated earlier to the Project Affected Communities Governance of Involvement of solar companies  The Solar companies request the EASP representation in the Project Steering Committee (PSC)  Anthropologists should be engaged during the relocation of spirits 138 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC) Settlements Some settlements can be reported within protected  Settlements are strictly prohibited within Protected areas. in Protected Areas Areas  Connecting power to encroachers in Protected Areas should be avoided because this will be a form of legitimizing the their stay Employment EASP will create employment opportunities to the  EASP should use the existing host communities frameworks e.g District Labour Officers  Capture the information on the employment opportunities created by EASP and share with the Employment Division of MoGLSD  Undertake skilling of the rural people in order for them to participate in the project  Sourcing for Contractors should be done locally and fairly especially for off-grid. The PWDs, Youth, Women, Girls should be trained to take up off-grid opportunities. Affordability of The greatest concern is electricity affordability.  Affordability studies be electricity This limits the usage of electricity in many families undertaken most for cooking  Free solar panels are recommended  Small scale cottage industry assessment should be undertaken under EASP in order to spur Value Addition and employment opportunities  Small scale industrialists should be considered and given lower tariffs  Off-grid systems should be prioritized for rural communities and refugee while on-grid 139 Valued Issues raised/Comments Recommendations Environmental and Social Component (VESC) systems are feasible for industry consumers Annex 3: Attendance Lists for Stakeholder consultations and engagement MINISTRY OF TOURISM, WILDLIFE AND ANTIQUITIES 140 141 142 NATIONAL FORESTRY AUTHORITY (NFA) 143 144 UGANDA SOLAR ENERGY ASSOCIATION (USEA) 145 SOLAR COMPANIES 146 147 UGANDA WILDLIFE AUTHORITY (UWA) 148 149 MINISTRY OF GENDER, LABOUR AND SOCIAL DEVELOPMENT 150 151 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT 152 153 154 DEPARTMENT OF MUSEUMS AND MONUMENTS (DMM) 155 156 UGANDA ENERGY CREDIT CAPITALIZATION COMPANY (UECCC) 157 158 159 160 OFFICE OF THE PRIME MINISTER (OPM) 161 162 GIZ 163 UNITED NATIONS HIGH COMMISSION FOR REFUGEES (UNHCR) 164 165 Annex 4: Environmental and Social Screening Form Please type or print clearly, completing this form in its entirety. You may provide additional information on a separate sheet of paper if necessary. Kindly note that the information you are to provide is required by the National Environment Act, 2019. Component under EASP Name of Subproject Project Objective Expected Commencement Date Proposed Main Project Activities Location (District, Parish, Village) Name of Evaluator BRIEF DESCRIPTION OF THE PROPOSED PROJECT ------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- EMPLOYEES AND LABOURERS Number of people to be During Construction During Routine Operation employed: Employees and Labourers FULL-TIME PART-TIME DESCRIPTION OF PROCESS THAT COULD BE IMPLEMENTED Briefly describe the type and nature or type of the project at the site. ---------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------ List the type and quantity of raw materials to be used in the project and highlight their sources Material Quantity Source 166 POTENTIAL ENVIRONMENTAL IMPACTS Please indicate environmental impacts that may occur as a result of the proposed project. A. The Biological Environment The Natural Environment Describe the habitats and flora and fauna in the project area and in the entire area expected to be affected by the sub-project (e.g. downstream areas, access roads): ________________________________________________________________ Will the project directly or indirectly affect: Natural forest types? Swamps? Wetlands (i.e., lakes, rivers, swamps, seasonally inundated areas)? Natural critical habitats (parks, protected areas)? Other habitats of threatened species that require protection under Ugandan laws and/or international agreements? YES ________ NO _______ Are there according to background research/observations any threatened/ endemic species in the project area that could be affected by the project? YES _________ NO ________ Will vegetation be cleared? If yes, please state the distance/length of affected area YES _________ NO _________ Will there be any potential risk of habitat fragmentation due to the clearing activities? YES ________ NO __________ Will the project lead to a change in access, leading to an increase in the risk of depleting biodiversity resources? YES ________ NO _________ Provide an additional description for “yes� answers: _______________________________________________ Protected Areas Does the subproject area or do subproject activities: Occur within or adjacent to any designated protected areas? YES ______ NO _______ Affect any protected area downstream of the project? YES ______ NO _______ Affect any ecological corridors used by migratory or nomadic species located between any protected areas or between important natural habitats (protected or not) (e.g., mammals or birds)? YES ______ NO _______ Provide an additional description for “yes� answers: ________________________________________________________ Invasive Species 167 Is the sub-project likely to result in the dispersion of or increase in the population of invasive plants or animals (e.g., along distribution lines)? YES ______ NO ______ Provide an additional description for a “yes� answer: _____________________________________________________________________ B. Sensitivity of the project issues Sensitivity low moderate Substantial High Natural habitats No natural habitats No critical natural Receptor has a Critical natural present of any kind habitats or other limited capacity to habitats natural habitats accommodate present physical or chemical changes or influences Water quality and Project activities Water flows Medium intensity of Multiple water water resource does not need use exceed any water use; multiple users; potential availability and use of available water existing demand; water users; water for conflicts is resource low intensity of quality issues are high; water water use; important quality issues potential water use are important conflicts expected to be low; no potential water quality issues Natural hazards No known Flat terrain; no Medium slopes; Mountainous vulnerability, floods, volcanic/seismic/ potential some erosion terrain; steep soil, stability/ erosion flood risks. stability/erosion potential; medium slopes; problems; risks from unstable soils; volcanic/seismic/ high erosion flood/ hurricanes potential; volcanic, seismic or flood risks Cultural Heritage No known or Suspected cultural Known heritage Known suspected cultural heritage sites; sites in Project area heritage sites heritage (Tangible known heritage that shall have in Project area and intangible). sites in broader interaction with the which can be area of influence project activities affected by project activities. Historically No indigenous presence of Dispersed and Indigenous underserved/Ethnic population indigenous mixed indigenous territories, minorities and population near the populations; highly reserves inclusiveness project area acculturated and/or lands; 168 indigenous vulnerable populations indigenous populations Stakeholder The stakeholders Stakeholders are Some of Stakeholders engagement are in support of in support of the stakeholders are in are not well the project and project but do not agreement with the engaged or not have been well have not been well project while in agreement engaged. engaged another group is with the not. proposed project activities Impact identification and classification When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage potential effects. The following table should be used as a reference. Roads and Footpaths Potential for Adverse Impacts None Low Medium High Unknown Soil erosion or flooding concerns (eg, due to highly erodable soils or steep gradients) Number of stream crossings or disturbances Wet season excavation Creation of quarry sites or borrow pits Significant vegetation removal Wildlife habitats or populations disturbed Environmentally sensitive areas disturbed Cultural or religious sites disturbed Economic or physical resettlement required New settlement pressures created Other (specify): Potential for Adverse Impacts None Low Medium High Unknown New access (road) construction New access (road) construction Existing water sources supply/yield depletion Existing water users disrupted Downstream water users disrupted Increased numbers of water users due to improvements Increased social tensions/conflict over water allocation 169 Sensitive ecosystems downstream disrupted Economic or physical resettlement required Local incapacity/inexperience to manage facilities Other (specify): C. The Physical Environment Geology/Soils Will slope or soil stability be affected by the project? YES _____ NO _____ Will the subproject cause physical changes in the project area (e.g., changes to the topography)? YES _____ NO ______ Will local resources, such as rocks, wood, sand, gravel be used? YES ____ NO ____ Could the subproject potentially cause an increase in soil salinity in or downstream the project area? YES ______ NO ______ Could the soil exposed due to the project potentially lead to an increase in lixiviation of metals, clay sediments, or organic materials? YES ______ NO _______ Provide an additional description for a “yes� answer: ____________________________________________________________ Landscape / Aesthetics Is there a possibility that the sub-project will adversely affect the aesthetics of the landscape? YES _____ NO ____ Provide an additional description for a “yes� answer: _______________________________________________________ Pollution Will the sub-project use or store dangerous substances (e.g., large quantities of hydrocarbons)? YES ______ NO _______ Will the subproject produce harmful substances? YES _____ NO _____ Will the subproject produce solid or liquid wastes? YES _____ NO _____ Will the subproject cause air pollution? YES _____ NO ______ Will the subproject generate noise? YES _____ NO ______ Will the subproject generate electromagnetic emissions? YES ____ NO _____ Will the subproject release pollutants into the environment? YES ____ NO ____ Provide an additional description for a “yes� answer: 170 _____________________________________________________ D. The Social Environment Land Use, Resettlement, and/or Land Acquisition Describe existing land uses on and around the sub-project area (e.g., community facilities, agriculture, tourism, private property, or hunting areas): ____________________________________________________________ Are there any land use plans on or near the sub-project location, which will be negatively affected by subproject implementation? YES ____ NO ____ Are there any areas on or near the subproject location, which are densely populated which could be affected by the sub-project? YES _____ NO _____ Are there sensitive land uses near the project area (e.g., hospitals, schools)? YES ____ NO____ Will there be a loss of livelihoods among the population? YES ____ NO ____ Will the sub-project affect any resources that local people take from the natural environment? YES _____ NO ______ Will there be additional demands on local water supplies or other local resources? YES _____ NO ______ Will the sub-project restrict people's access to land or natural resources? YES ____ NO ____ Will the project require resettlement and/or compensation of any residents, including squatters? YES _____ NO _____ Will the subproject result in construction workers or other people moving into or having access to the area (for a long time period and in large numbers compared to permanent residents)? YES ____ NO _____ Who is/are the present owner(s)/users of resources/infrastructures the subproject area? _____________________________________________________________ Loss of Crops, Fruit Trees, and Household Infrastructure Will the subproject result in the permanent or temporary loss of: Crops? Fruit trees / coconut palms? Household infrastructure? Any other assets/resources? Occupational Health and Safety, Health, Welfare, Employment, and Gender Is the sub-project likely to safeguard worker’s health and safety and public safety (e.g., occupational health and safety issues)? YES _____ NO ______ How will the project minimize risk of HIV/Aids? 171 How will the sub-project minimize the risk of accidents? How will accidents be managed, when they do occur? _____________________________________________________________________ Is the project likely to provide local employment opportunities, including employment opportunities for women? YES ______ NO _____ Provide an additional description for “yes� answers: ______________________________________________________________ Historical, Archaeological, or Cultural Heritage Sites Based on available sources, consultation with local authorities, local knowledge and/or observations, could the sub-project alter: Historical heritage site(s) or require excavation near the same? YES ____ NO _____ Archaeological heritage site(s) or require excavation near the same? YES ____ NO ____ Cultural heritage site(s) or require excavation near the same? YES _____ NO ____ Graves, or sacred locations (e.g., fetish trees or stones) or require excavations near the same? YES ______ NO ______ Provide an additional description for a “yes� answer: _____________________________________________________________________ Note: If any of the responses above is yes, then the project is not ESIA exempt, and therefore a project brief should be prepared at the minimum, otherwise an ESMMP should suffice for category C and B projects. CERTIFICATION We certify that we have thoroughly examined all the potential adverse effects of this subproject. Reviewer: …………………………………………………………………………………………………………… Name: ………………………………………………………………………………………………..……………… Signature: ………………………………………………………………………………………..…………………. Date: ……………………………………………………………………………………...…………………………. 172 Environmental and Social Checklist Form A. Grid Extension Projects Issues Mitigation Measures Natural Habitat Disturbance  Strengthening local authorities and conservation personnel responsible for managing natural resources  Public Awareness Programme  Agricultural extension programmes  Provision for energy (kerosene subsidies and wood fuel lots as required during the construction period)  Avoid disturbance of important areas of biodiversity  Avoid placement of transmission lines across bird flyways and provide devices that will discourage birds from flying into lines and nesting on pylons Erosion and sedimentation  Drainage and erosion prevention and modified construction techniques during the construction period  Re-vegetation programme Community Health and Safety  Communities near or on-site should be informed of project activities ahead of time especially if it affects their use of resources (traffic for example, etc.)  Extensive public consultation during the planning of power line and power line right-of-way locations  Accurate assessment of changes in property values due to power line proximity  Siting power lines, and designing substations, with due consideration to landscape views and important environmental and community features  Location of high-voltage transmission and distribution lines in less populated areas, where possible  Use of signs, barriers (e.g. locks on doors, use of gates, use of steel posts surrounding transmission towers, particularly in urban areas), and education 128 /public outreach to prevent public contact with potentially dangerous equipment  Grounding conducting objects (e.g. fences or other metallic structures) installed near power lines, to prevent shock. For more detailed guidelines, refer to the World Bank Group’s Environmental, Health, and Safety Guidelines for Electric Power Transmission and Distribution. Worker Health and Safety  Only trained and certified workers will be allowed to install, maintain, or repair electrical equipment;  Ensuring that live-wire work is conducted by trained workers with strict adherence to specific safety and insulation standards.  Testing structures for integrity prior to undertaking work; 173  Implementation of a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement off all protection equipment; and rescue of fall-arrested workers, among others;  Safety belts should be of not less than 16 millimeters (mm) (5/8 inch) two-in one nylon or material of equivalent strength. Rope safety belts should be replaced before signs of aging or fraying of fibers become evident;  When operating power tools at height, workers should use a second (backup) safety strap;  Signs and other obstructions should be removed from poles or structures prior to undertaking work;  An approved tool bag should be used for raising or lowering tools or materials to workers on structures.  Training of workers in the identification of occupational EMF levels and hazards;  Establishment and identification of safety zones to differentiate between work areas with expected elevated EMF levels compared to those acceptable for public exposure, limiting access to properly trained workers; For more detailed guidelines, refer to the World Bank Group’s Environmental, Health, and Safety Guidelines for Electric Power Transmission and Distribution. Water and soil quality  Appropriate locations for handling, storing and disposing of oil products and other harmful chemicals  Limited use of pesticides Involuntary resettlement  Avoid silting infrastructure where people will be disturbed and where resettlement could be an issue  Consultations with affected persons  Prepare and implement resettlement plan and alternatives for affected persons  Cash compensation based on District assessment rates for loss of up to 25% of property or production  Relocation support and livelihood development plan for those affected by more than 25% of property or production  Affected peoples given opportunity to identify potential settlement areas  Host communities brought into the planning process for resettlement  Strengthening of local authorities and line agencies responsible for carrying out resettlement and agricultural extension and possible involvement of local NGOs 174 Impacts on Landscape  Considerations of aesthetic and cultural values in design of project features  Re-vegetation programme Loss of Cultural Property  Avoidance of all culturally important sites B. PV System Projects Issues Mitigation Measures Impacts on Landscape  Considerations of aesthetic and cultural values in design of project features Loss of Cultural Property  Avoidance of all culturally important sites Resettlement  Avoid disturbing existing land use patterns and inhabited areas or alterations of existing structures  Consultations with affected persons if required  Mechanism for prompt and fair payments, monitoring and grievance procedures if necessary 175 Annex 5: Contents of a Project Brief Project briefs are concise documents (20 pages) that should contain the following information: 1. Contact details of the Developer • Name of the developer • Main postal address, telephone, fax and e-mail details for the developer • Name of the main contact person and direct postal address, telephone, fax and e-mail details 2. Characteristics of the project • Brief description of the proposed project including type of project, the form of energy source, size of the project in terms of capacity installed, transmitted or distributed, length of transmission, distribution lines, number of people to benefit from the project, raw materials needed as well as product by product oremissions • Reasons for proposing the project (justification of the project, project objectives) • Background of the project: How was the project conceived; Findings fromprevious studies such as energy supply and demand analysis that contributed tothe conception of the project; Relationship with other existing/planned projects • Project site: Maps and photographs showing the location of the project relative tosurrounding physical, natural and man-made features; Existing land-uses on andadjacent to the site and any future planned land uses; Protected and sensitiveareas like national parks, forests, wetlands, sites of cultural interest; Alternativeproject sites; Reasons for choosing the particular site • Baseline data: The baseline data should include information relevant to theproposed project that will depe nd on the source of energy of a particular project.It will include data on some of the following: Geology and soils, Climate andrainfall conditions, Settlement areas, Drainage patterns, Total river basin, Longtermaverage flow of a river, Water level of reservoir, Design flood level, Reservoir area during normal storage, Minimum and Maximum Water level indownstream, Submerged land, Land requirement for construction, Land use andtenure, Sites of cultural or historic value, Human population and demographictrends, Local government set up, Major economic activities, Public health statusKey social- economic activities and cultural issues • Physical form of the development: Layout, buildings, other structures,construction materials, etc. including details such as: Energy source (hydro,petroleum, solar, biomass, wood, etc.); Energy generated, transmitted or distributed; Power House (generating capacity of plant); Size of Dam; Spillways;Size of pen stoke, pipeline or storage capacity; Transmission lines, voltage,number, length; Distribution lines – voltage, number, length; Reservoir areas andheight; Energy demand and supply in the project area; Raw material consumptionrate; Access roads; Project land within project boundary; Site preparationactivities such as clearing of land, forests, drilling, blasting, excavation of land,etc.; Time needed for project development • Construction practices: Specific construction techniques to be used withemphasis on any potential impacts of construction e.g. noise, dust. Neededhousing, transportation, etc. for the workers • Operations: Operations with particular emphasis on number of workers to beemployed, working hours, housing and transportation needs, occupational healthand safety hazards. Any expected air, water or waste discharge from proposedaction • Preliminary analysis of alternatives: The brief should indicate reasonablealternatives to meet project objectives. This may lead to alternatives that aremore sound from an environmental, social cultural and economic point of viewfrom the originally proposed project. Alternatives can be other energy sources,construction of smaller energy facilities, alternative sites, different technologies, etc. 176 • Other large development projects on-going or planned for within the area of influence of the energy project. 3. Characteristics of the potential impacts A brief description of the likely impacts of the project considering the following factors: • Impacts on people, human health, gender distribution of socio -economic benefits, fauna and flora, soils, land use, material assets, water quality and hydrology, air quality, climate, noise and vibration, the landscape and visual environment, historic and cultural heritage resources, and the interactions between them • Nature of the impacts (i.e. direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) • Extent of the impacts (geographical area, size of the affected population/habitat/species) • Magnitude and complexity of the impacts • Probability of the impacts • Duration, frequency and reversibility of the impacts • Mitigation incorporated into the project design to reduce, avoid or offset significant adverse impacts • Transboundary nature of the impact It is important to remember that only such information can be requested, that the developer reasonably can be expected to have at the stage in the development the project has reached. If screening is being carried out early in the project's life only some information will be available. 177 Annex 6: Outline of the Environmental and Social Impact Statement (ESIS) • Executive Summary; A concise and accurate non-technical summary stressing the major findings and conclusions of the report. The recommended actions to be included in the proposed project should also be given. • Project Description A concise description of the nature, objectives and scale of the project. Its activities during the different phases, and the technical, economic, social and physical context of the project should also be included. • Description of proposed project site and surroundings; A concise description of the existing physical, biological and human environment within which an energy project is located. Its environmental baseline, current trends and how it will change the environmental setting should be included. Consideration should also be given to any areas that are environmentally sensitive or characterised by unique cultural heritage or biophysical endowments.  Policy, legal, and institutional framework.  Stakeholder Engagement • Significant environmental impacts and risks; An accurate identification, description and/or quantification of impacts on different environmental and social receptors. An interpretation of significance of impacts should also be included. • Evaluation of project alternatives; A description of alternatives, the selection method used and the results leading to the proposed action. • Mitigation measures for adverse impacts concentrating on feasible, realistic and enforceable alternatives. • Monitoring and Evaluation of programme and recommendations; A description of the monitoring plan specifying what should be done, by who, where, when and at what cost. • Bibliography and literature review • Appendices including Preparation staff, Pertinent laws, regulations and policies, List of individuals, agencies and organisations consulted, Description of public consultation programme, Public and agency comments and responses thereto, TOR for the EI Study 178 Annex 7: Sample Terms of Reference (ToRs) for Environmental and Social Impact Assessment (ESIA) 1.0 Introduction The Government of Uganda, through the Ministry of Energy and Mineral Development, is pursuing securing funds from the World Bank for the proposed Electricity Access Scale-up Project (EASP). The EASP will support the country’s efforts to scale up access to electricity for households including for refugees and host communities; industrial parks and commercial enterprises; and health and education facilities, in line with Uganda’s Vision 2040’s goal of increasing energy access in Uganda to spur socio -economic transformation. The project will build on earlier World Bank interventions in the energy sector for an estimated period of five (5) years. It is evident that the energy sector has registered some positive achievements across the value chain. Over 90% of the energy in Uganda is generated from renewable resources while the remaining 10% is from non- renewable resources with 70% consumption from the industrial sector and about 30% from the domestic consumption. Installed generation capacity has increased from about 300 MW in 2002 to 964 MW in 2018, of which 77 percent is hydropower. Moreover, the GoU has undertaken significant investments to further increase the generation capacity – the 183 MW Isimba hydropower plant was commissioned in March 2019, and the 600 MW Karuma hydropower plant is expected to be commissioned at the end of 2020 that will further increase the installed capacity to 1,747MW. On the transmission side, the network has expanded from about 1,165 km in 2003 to 1,627 km in 2016, and investments targeting interconnection with neighboring countries such as Tanzania, Democratic Republic of Congo (DRC) and South Sudan are also ongoing. Electricity sales nationally have doubled from 2,000 GWh in 2008 to 4,000 GWh in 2018. On the distribution side, Umeme has improved efficiency within the electricity distribution system, reducing distribution losses from 38 percent in 2005 to about 17.3 percent in 2017 and increasing revenue collections from 80 percent in 2005 to over 99 percent in 2017. The sector still faces multi-dimensional challenges. First, access to electricity remains low; the national electricity access rate remains low at 26.7 percent nationally and about 18 percent in rural areas, compared to other countries in the region such as Kenya (70 percent) and Tanzania (33 percent). Some of the major factors that have hindered the electricity access expansion relate to incentives and capacity to meet connection targets, and affordability of service connections charges and internal wiring. The EASP through Electricity Connection Policy and provision of credit for internal wiring to the households will help overcome these challenges. Secondly, access to clean cooking fuels and technologies has been slow. Of the 20 countries with the largest clean cooking access deficit, Uganda is one of two countries where, since 2010, the access to clean cooking rate has declined due to additional people relying on wood fuels for cooking due to population growth. The other challenges include lack of investments to support private sector development and lack of consumer awareness and financing support to fill the affordability gap. The off-grid market development of the EASP will enhance the affordability barrier and improve the clean cooking technologies available through provision of working capacity to private clean cooking technology distributors and importers. 2.0 Description of Project Components 2.1 Component 1: Grid Expansion and Connectivity This component will finance the scale-up of “last-mile� connections (household, commercial) in line with the Electricity Connections Policy (ECP), while supporting the necessary MV/LV network strengthening and extensions. This component will be implemented by the Rural Electrification Agency (REA) in close 179 collaboration with all SPs for harmonizing technical specifications and procuring distribution network and connection materials. Over the lifetime of the project, about 750,000 million household connections (3.5 million people) are expected to be provided, out of which 225,000 connections to female-headed households and additional 37,000 connections to commercial enterprises. Sub-component 1-1: Last-mile connections. This sub-component will support “last-mile� connections of both households and commercial consumers in line with the Electricity Connections Policy (ECP) and within 1 km from the existing network to maximize the number of connections to be realized with the available funds, leveraging on the high number of potential customers requiring the least amount of construction material and civil works. Sub-component 1-2: Network expansion and strengthening. This sub-component will finance network expansion and strengthening through Medium Voltage (MV) and Low Voltage (LV) grid extension, upgrades and intensification. 2.2 Component 2: Financial Intermediation for Energy Access Scale-up This component will provide line of credit and credit guarantee instruments for the promotion of productive uses of electricity and efficient appliances, quality-certified standalone solar systems, clean cooking technologies, and institutional solar systems (e.g., health facilities, schools). Though the activities envisage in the sub-components, the proposed project expects to provide: 100,000 household connections through off-grid solar solutions (benefiting about 470,000 people), access to energy to 11,000 social and commercial loads, and clean cooking for 100,000 households (benefiting 470,000 people). In addition, the proposed interventions are expected to provide access to finance for productive uses to about 30,000 beneficiaries. This component will be managed by the Uganda Energy Credit Capitalization Company (UECCC) in close collaboration with the Ministry of Energy and Mineral Development (MEMD) for scaling-up modern energy access solutions for household, commercial, industrial and institutional consumers, including public institutions (e.g., health facilities, schools). This component will provide access to finance through working capital loans, micro finance, and medium-term loans to private entrepreneurs and end-users on a first-come, first-serve basis to promote efficient appliances, stand-alone solar technologies for lighting and productive uses and clean cooking solutions. The Clean Technology Fund (CTF) will support the implementation of this component through the establishment of a Contingent Grant Facility (CGF), which will be managed by the UECCC and will provide comfort to participating Commercial Financial Institutions (CFIs) for on-lending to companies offering stand- alone solar and clean cooking solutions. The CGF will de-risk the exposure of CFIs to technology risk, therefore enabling private companies to raise debt at attractive terms. A detailed description of the CTF structure and implementation arrangements is provided in Annex 3. Sub-component 2-1: Financial intermediation through participating Commercial Financial Institutions. This sub-component will provide access to credit through the UECCC to the Commercial Financial Institutions (CFIs) for the promotion of stand-alone solar systems, efficient electric appliances including for productive uses such as solar water pumps, solar refrigeration units, clean cooking solutions, etc. Sub-component 2-2: Electrification of public institutions by stand-alone solar technologies. This sub- component will support electrification of public institutions (e.g., health facilities, schools) by stand-alone solar system, which are far from grid network. 180 2.3 Component 3: Energy Access in Refugee Host Communities This component will increase access to electricity and clean cooking solutions for refugees and their host communities. This component will support ongoing efforts under the leadership of the Office of the Prime Minister (OPM), to ensure the sustainable socio-economic inclusion of refugees and equitable access to development opportunities for social stability in Uganda. Though the activities envisage in the sub- component, the proposed project expects to provide: 20,000 household connections through on-grid connectivity, 150,000 household connections through off-grid solar solutions (overall providing access to about 800,000 people), provision of energy access to 6,500 public and commercial loads, and clean cooking for 100,000 households (benefiting 470,000 people). In addition, the proposed interventions are expected to provide access to finance for productive uses to about 7,000 beneficiaries. This component will be implemented by the REA (Sub-component 3-1) and UECCC (Sub-component 3-2) in close collaboration with the MEMD, OPM and relevant stakeholders. Sub-component 3-1: Grid connectivity and expansion. REA will implement this sub-component following the implementation design of Component 1 to provide access to electricity to household, commercial, industrial, and public institution consumers either through extending MV/LV grid networks or mini grids. Sub-component 3-2: Financial intermediation through participating Commercial Financial Institutions. UECCC will implement this subcomponent following the implementation design of Component 2 to promote access to renewable electricity through stand-alone solar technologies, financing of internal wiring of houses and facilities, promotion of efficient appliances for productive uses, cooling technology and clean cooking solutions in refugee settlements and their host communities 2.4 Component 4: Project implementation support and affordable modern energy solutions This component will finance project implementation and enabling environment support to increase access to electricity and clean cooking solutions in Uganda. Among other activities, this component will finance the establishment of an adequately staffed Project Coordination Unit (PCU) at MEMD, and Project Implementation Units (PIUs) at REA and UECCC, through the recruitment of necessary consultancy services, capacity building activities, and operations costs. This component will be implemented by the MEMD, REA, and UECCC. Sub-component 4-1: Implementation support. This sub-component will support the GoU’s efforts to strengthen institutional capacity for electrification and project implementation including environment and social safeguards, as well as implement distribution sector reforms, which are essential to increasing electricity access in Uganda. This sub-component will finance the PCU at the MEMD and PIUs at the REA and UECCC, which will be responsible for the day-to-day oversight, coordination, planning and implementation of all activities under the project, as well as other TA and capacity development activities required to accelerate access to electricity and clean cooking solutions in Uganda. Sub-component 4-2: Ensuring equity in energy access. This sub-component will support private sector entrepreneurs remove certain barriers preventing them from scaling up the innovative energy technologies to promote electrification in Uganda. The grant will be provided toward removing market entry barriers, information and communication campaign costs, affordability constraint of the consumers, high operating cost to serve customers in remote areas, and so on. The grants support price setting at a level accessible to lower-income beneficiaries. 181 2.5 Component 5: Contingent emergency response This component will improve the Government’s ability to respond effectively in the event of an emergency during the lifetime of the project. There is a risk that during the life of the project, the Government may experience a crisis like COVID-19 or something entirely different, resulting in a request to the World Bank to support mitigation, response, and recovery measures. This component will enable a rapid project restructuring, including the reallocation of funds and disbursements if needed. 1.3 The need for the Environmental and Social Impact Assessment (ESIA) The National Environmental Act (NEA) Chapter 153 has provisions for environmental management and protection including the need to carry out EIAs for projects listed its Fourth Schedule. The network expansion and strengthening through Medium Voltage (MV) and Low Voltage (LV) grid extension, upgrades and intensification as in schedule 4 of the Act is among the projects that are likely to have significant Impacts on the Environment and therefore, requires an ESIA approval from National Environmental Management Authority (NEMA). 1.3.1 Objectives of the ESIA The aim of this ESIA is to ensure that during implementation, environmental and social impacts of the EASP are identified and measures to address them outlined. The ESIA shall be prepared to provide guidance to implementing agencies of the project based on understanding of its environmental and social consequences to facilitate the protection, restoration and enhancement of the environment. 1.3.2 Specific objectives The ESIA of the proposed EASP will be carried out with the following specific objectives  Document existing environmental and social baseline information in the project areas;  Identify the negative environmental and social impacts of the project and propose feasible mitigation measures to address such impacts;  Evaluate project options and advise on the most appropriate option taking into account, a combination of environment and social dimensions;  Provide a set of recommendations for the project design to avoid and/or minimize the negative impacts and maximize the positive impacts of the project.  Prepare an Environmental and Social Management and Monitoring Plan (ESMMP) 1.4 Scope of the ESIA Study The consultant shall prepare an Environment and Social Impact Statement (ESIS) for the EASP (Component 1). This will be carried out in accordance with the following scope of work a) Establishment of baseline environmental (bio-physical, social) description of the project areas including both the direct and indirect areas of influence. This should include the following aspects; Forestry Water quality, Wetlands in the vicinity of the project areas, avifauna and other animal 182 groups, population (including identification of vulnerable groups), economic activities, air quality conditions, climatic conditions, amongst others Social baseline assessments will include assessing the HIV/AIDS prevalence, education, employment, gender composition and the potential impacts of the project and propose measures to address such concerns during project implementation b) The Consultant will provide a detailed assessment and evaluation of the positive and negative, direct and indirect, immediate and long term, and permanent, temporary and cumulative impacts due to the establishment and operation of the proposed grid extension activities. Assessment of the impacts shall be done against the different baseline conditions (Environmental and Socio-economic) during and after project implementation. c) Identify and provide a description and an evaluation of possible project alternatives in terms of the technology, design and lay outs, and location consideration of the project sites. The assessment of alternatives should cover assessment of the sites and routes. An analysis for each alternative in terms of cost and technical feasibility should be given and the best option justified. d) The consultant shall identify and describe the pertinent regulations and standards- both local and World Bank Environmental and Social Safeguards Policies governing the environmental quality, health and safety, protection of sensitive areas, land use control at the national and local levels and ecological and socio-economic issues among others. The Consultant will thus identify the project activities that should comply with the identified regulations and provide cost effective compliance measures. e) Prepare an Environmental and Social Management and Monitoring Plan (ESMMP) detailing measures for addressing potential negative environmental and social impacts of the project. In addition, the ESMMP should clearly identify institutional roles, responsibilities and costs in addressing the mitigation measures that will be proposed in the ESIA; and f) Prepare an Environmental and Social Monitoring Plan with clear monitoring indicators and institutional roles to be used in tracking the implementation and compliance of the proposed mitigation measures 1.5 Reporting Requirements and Timelines The consultant shall prepare and submit to the Permanent Secretary MEMD the following documents. S/N Deliverable Timeline 183 1 Draft scoping report 4 weeks after contract signature 2 Final scoping report 6 weeks after contract signature 3 Draft ESIA report 12 weeks after contract signature 4 Final ESIA report 16 weeks after contract signature 1.6 Duration of the Assignment The assignment shall be completed within Four (4) months from the time of contract signing. 1.7 Qualifications of the safeguards firm The consultancy firm should have the following minimum requirements;  Valid registration with National Environmental Management Authority as Environment (NEMA) practitioner.  At least Five (5) consecutive years of similar consultancy experience in Environmental and Social safeguards assessment of infrastructure projects in Uganda.  Evidence of availability of required experts (as indicated in section 1.7.1) for the assignment  Evidence of Uganda Revenue Tax clearance  Certified physical address  Certificate of incorporation, or any other applicable certificate/ permits  And any other mandatory requirements for a firm to provide services to the Government entity in Uganda 1.7 Team Composition and Qualification The consultant shall provide personnel necessary for the completion of the assignment. The team will include but not limited to the following personnel;  Team Leader  Environmental Specialist  Occupational health and safety specialist  Sociologist  GIS Specialist  Other personnel relevant in carrying out the assignment 1.7.1 Qualifications of the Personnel S/N Expert Qualifications Responsibility 1 Team Leader A Master’s Degree in Environmental To take overall responsibility Management, Forestry, Natural of the assignment, Resources, or relevant degree with ten mobilizing and organizing years of relevant experience working on the supervision team and Donor funded infrastructure projects and delivering quality outputs. 184 biodiversity assessment. Demonstrated evidence of leading safeguards teams during ESIA, RAP studies and supervision is required. Specialized training in Project Planning and Management, M&E or Human Resources Management from a recognized Institution will be an added advantage. Must be registered as an ESIA team leader by the responsible statutory body. 2 Environmental A Master’s Degree in Environmental To lead in environmental Expert Science or Natural Resources impact assessment, Management, Forestry, Botany or assessment of alternatives, Zoology from a recognized institution and review of technical feasibility having ten years’ experience in forest reports and preparation of restoration assignments. Registration ESMMPs. with a relevant association is an added advantage. 3 Gender/Social A Master’s Degree in relevant field such To lead the social and Development as Social Work, or related Social gender impact and risk Expert Sciences, with ten years of relevant assessments and experience working on donor funded development of mitigation infrastructure Projects. Experience in measures. supervising resettlement action plan including interpretation of land valuation and survey data, socio-economic data as well as knowledge of environmental principles. Ability to integrate social and ecological components of project to fulfill donor needs, guidelines and requirements in line with local legislation. Experience in supervising social impact assessments, stakeholders’ engagement, Social Audits, Gender Audits, Labour Audits, Child Protection, grievance management etc in infrastructure related projects is required. Registered with NEMA. The Expert must be familiar with the implementation of World Bank Polices of large scale infrastructure projects. Experience in Social analysis, community management, training in land management, acquisition, resettlement 185 or forced displacement will be an advantage 4 Surveyor A minimum of a University Degree in Responsible for undertaking Survey or relevant degree and having ten surveys and maps for the years’ experience in related assignments project sites, affected and must be registered by Surveyors properties and ecosystems, Registration Board (SRB). among others. 1.8 Services to be provided by the Client The Client will:  Designate staff to serve as coordinators for the assignment including the Environmental Specialists, Social and Gender Specialist.  Provide documentation relevant to the project  Establish contacts with the relevant stakeholders for purposes facilitating the study process such as the District Local Governments and other stakeholders  Liaison and assistance to obtain any other information and documents required from other Government of Uganda (GoU) agencies and which the client considers essential for completion of the assignment. 186 Annex 8: Terms of Reference (ToRs) an ESMP An ESMP will be formulated in such a way that it is easy to use. References within the plan should be clearly and readily identifiable. Also, the main text of the ESMP needs to be kept as clear and concise as possible, with detailed information relegated to annexes. The ESMP should identify linkages to other relevant plans relating to the project, such as plans dealing with SEP, VGMP and resettlement issues. The following aspects should typically be addressed within ESMPs. Summary of impacts: The predicted adverse environmental and social impacts for which mitigation is required should be identified and briefly summarized. Description of mitigation measures: The ESMP identifies feasible and cost-effective measures to reduce potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation measure should be briefly described with reference to the impact to which it relates and the conditions under which it is required (for example, continuously or in the event of contingencies). These should be accompanied by, or referenced to, descriptions project activity, site location and operating procedures which elaborate on the technical aspects of implementing the various measures. Where the mitigation measures may result in secondary impacts, their significance should be evaluated. Description of monitoring program: Environmental performance monitoring should be designed to ensure that mitigation measures are implemented, have the intended result, and that remedial measures are undertaken if mitigation measures are inadequate or the impacts have been underestimated within the ESIA report. It should also assess compliance with national standards and World Bank Group ESF requirements or guidelines. The monitoring program should clearly indicate the linkages between impacts identified in the ESIA report, indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions, and so forth. Although not essential to have complete details of monitoring in the ESMP, it should describe the means by which final monitoring arrangements will be agreed. Institutional arrangements: Responsibilities for mitigation and monitoring should be clearly defined. The ESMP should identify arrangements for coordination between the various actors responsible for mitigation. Budget: Outline the estimated costs for implementation of the mitigation and monitoring measures. 187 Annex 9: Chance find Procedures A Chance Finds Procedure to guide management of any accidental discoveries of histo-cultural resources in the process of implementing the RRF. The procedure will be as follows: a. Stop the construction power lines s in the area of the chance find; Delineate the discovered site or area; b. 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 Directorate of Museums and Monuments take-over; c. Notify the supervisory Engineer who in turn will notify the responsible local authorities and the Directorate of Museums and Monuments under the Ministry of Tourism, Wildlife and Antiquities (within 24-48 hrs or less); d. The Directorate of Museums and Monuments 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 Directorate of Museums and Monuments (within 24 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; e. Decisions on how to handle the finding shall be taken by the Directorate of Museums and Monuments. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage; f. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by the Directorate of Museums and Monuments; and g. Construction work could resume only after permission is given from the responsible local authorities and the Directorate of Museums and Monuments concerning safeguard of the heritage; h. These procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the Site Engineer shall monitor the above regulations relating to the treatment of any chance find encountered are observed; i. Construction work will resume only after authorization is given by the responsible local authorities and the National Museum concerning the safeguard of the heritage; and j. Relevant findings will be recorded in World Bank Implementation Supervision Reports (ISRs), and Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project’s cultural property mitigation, management, and activities, as appropriate. 188