REPUBLIC OF RWANDA MINISTRY OF LOCAL GOVERNMENT INNOVATION LOCAL ADMINISTRATIVE ENTITIES DEVELOPMENT AGENCY (LODA) RWANDA SOCIAL PROTECTION TRANSFORMATION PROJECT (SPTP) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) Final report July 2022 i EXECUTIVE SUMMARY 1. Project Background This document is an Environmental and Social Management Framework (ESMF) for the Rwanda Social Protection Transformation Project (SPTP)". The SPTP will build on the achievements made under the previous World Bank Strengthening Social Protection Project as well as on gains made so far on the ongoing human capital development operations and address gaps that have been identified such as coverage and expansion, livelihood enhancement and graduation, malnutrition, building resilience and systems strengthening and other innovations solutions. To implement the project, the Government of Rwanda is negotiating a loan from the World Bank (WB)/ International Development Association (IDA). The project will be implemented through the Ministry of Local Government and the Local Administrative Entities Development Agency (LODA). Project Development Objective To strengthen the social protection programs and delivery systems to improve access of poor and vulnerable households to human capital and economic inclusion services through: i. Improve the design of VUP to address service delivery issues, specifically to improve the coverage of the poor and effectiveness of safety nets programs; ii. Enhance safety nets linkage to human capital investment, particularly amon g households with young children to address risks of malnutrition and enhance child development; and iii. Support management capacity, human resource capacity and systems at both central and local government levels. Project components The project is structured into four components, which include accelerating human capital development, support to economic inclusion and transformative systems, policy and program coordination, and Capacity building, policy and program coordination. Component 1: Enhance Resilience and Acceleration of Human Capital Development (US$ 70 million) This component will support investments in human capital focused safety programs with the objective to enhance the household’s resilience and leverage the power of social safety nets to accele rate human capital development in Rwanda. The component will accordingly cover the financing costs associated with the Direct Income Support program for vulnerable labor constrained households, the Nutrition Sensitive Direct Support (NSDS), the ePW program with a focus on the Home Based-ECD scheme, and cPW with a focus on climate sensitive projects. Component 2: Support to Economic Inclusion (US$ 17.7 million) This component aims to take the Government’s graduation agenda to the next level through: (i) imp roving effectiveness and expansion of Sustainable Livelihoods Enhancement (SLE) and Para Social-workers scheme; and (ii) strengthening linkages between social assistance and social insurance, namely the Ejo Heza scheme. Component 3: Transformative Systems [digitization] (US$ 5.3 million) This component will make investments towards developing and enhancing delivery systems that serve as a foundation for a robust safety net system. The component will build on and compliment the work already underway through SSPP, HCIG-DPF and DARP respectively on the digitization of VUP payments and operationalization of the dynamic social registry. These two areas that are foundational for an adaptive SP safety net system with the ability for timely response to shocks, as was evidenced during COVID-19 pandemic and the Government’s use of SP delivery systems for a rapid roll out ofCOVID -19 emergency payments. ii Component 4: Capacity building, policy and program coordination (US$ 6.8 million) This component will ensure that the policy and programmes supported through the project are well developed with quality assurance at all levels of implementation and adequate orientation of concerned implementation staff at both central and decentralized levels. 2. Methodology The methodology used to review this ESMF included document reviews that focus on World Bank Environmental and Social Framework (ESF) Requirements, National Policy, institutional and regulatory frameworks, different laws and ministerial orders applied to this project, World Bank Environmental and Social Standards, World Bank Environmental Health and Safety Guidelines, the Project Proposal Document, interviews, and stakeholder consultations at the National and District levels. The information from the above documents, together with the review of baseline information and from interviewed stakeholders, were analysed to prepare this ESMF. 3. Policy, Legal and Institutional Framework National regulations are discussed along with World Bank Environment and Social Standards, and international conventions ratified by Rwanda. The WB has categorized the E&S risks of the project as “Moderate”. Eight of WB’s Environmental and Social Standards (ESS) will be applicable to the project, namely WB’s ESS on Assessment and Management of E&S Risks and Impacts (ESS1), Labour and Working Conditions (ESS2), Resource Efficiency and Pollution Prevention and Management (ESS3), Community Health and Safety (ESS4), Land Acquisition, Restrictions on Land Use and Involuntary Resettlement (ESS5), Biodiversity Conservation and Sustainable Management of Living Natural Resource (ESS6), Cultural Heritage (ESS8), and Stakeholder Engagement and Information Disclosure (ESS10). Further, the proposed E&S instruments will be prepared and implemented in full compliance with Rwanda regulations including Ordinary Law N° 43/2013 of 16/06/2013 Governing Land in Rwanda, Law N° 66/2018 of 30/08/2018 Regulating Labour in Rwanda, law (No. 48/2018 of 13/08/2018) on Environment determining the modalities for protecting, conserving and promoting the environment, Ministerial Order N o 001/ 2019 of 15/04/2019 establishing the list of projects that must undergo environmental impact assessment, instructions, requirements and procedures to conduct environmental impact assessment, and law No 32/2015 of 11/06/2015 relating to expropriation in the public interest. 4. Environmental and Social Baseline Information The proposed project will be implemented countrywide. To understand potential environmental and social impacts associated with the project, it is paramount to understand the environmental and social baseline. Baseline information collected includes climatic conditions in Rwanda (looking at seasons, rainfall zones, characteristics, etc.), population (population dynamics, characteristics among others), morphology, geology, relief and drainage, terrestrial resources and relation to the project (land resources, forestry resources, rangeland resources and livestock production, wildlife resources, vegetation) aquatic resources (wetlands, lakes and rivers), energy, biodiversity, employment, poverty, health, education, ICT access among others. This information was collected through documents, consultation with key informants and site visits. 5. Potential Environmental and Social Impacts Associated with the Project The project is expected to have both positive and negative social and environmental impacts. It is envisaged that the project will create employment opportunities for extremely poor households, support extremely poor households to meet their basic needs, increase social interaction among communities, reduce poverty and food insecurity, and raise Government revenues. On the other hand, as Public Works projects are implemented, there will be a number of excavations, soil disturbance and some increased traffic around sites associated with the delivery and removal of construction materials and construction debris. There is therefore a risk of temporary increases in pollution an d degradation iii of the environment, including through mudslides, noise, dust and air pollution. There is likelihood of exploitation and unfair wages, discrimination at work and exposure to Gender -Based Violence (GBV) and Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH). In addition, there may be some increased risk of generation of vectors and vector borne diseases , spread of STD/HIV amongst the construction workers and within the community in the vicinity of construction activities and certain other indirect negative impacts. There might also be cases of communities’ exposure to traffic related hazards, dust emissions, noise and potential construction accident, easement and land acquisition. The Nutrition-sensitive Direct Support scheme is also expected to result in a minor increase in medical waste due to the envisaged increase in uptake of ante- and post-natal health services. There might also be some degree of e-waste in digitization of payments and purchase of some IT equipment. The above negative impacts will be addressed through the preparation and implementation of site-specific instruments and some of the mitigation measures including the preparation of Environmental and Social management plans, Labour management plans, land acquisition and easement plans, e-waste collection and recycling or safe disposal, avoiding sensitive and protected areas, use Personnel protective equipment during construction and installation, awareness and sensitization program etc. 6. Public Consultations In line with ESS10 and national regulations, consultations were conducted with stakeholders who are directly or indirectly involved in project. Stakeholders were identified in two categories: (1) stakeholders at the central level, and (2) stakeholders at the local level including local authorities, and representatives of women, youth and vulnerable people. During the public consultation, the consultant applied different participatory methods, namely interviews, one-to-one discussions, and focus group discussions (FGD) with district officials. With the current restrictions and to minimize the risks of COVID-19, community meetings and public gatherings were avoided. Stakeholders were informed on the proposed project and by using the key guiding questionnaires, relevant information on the likely impacts of the project activities and suggestions from stakeholders were obtained. 7. Grievance Redress Mechanism (GRM) In line with ESS2 and ESS5, the LODA GRM shall be utilized to address grievances. LODA commits to establish a comprehensive Grievance Redress System for management of all kind of grievances raised by all stakeholders including a workers’ GRM under ESS 2 and a community GRM for PAPs under ESS 5 given the mobility involved in this project. The GBV action plan will mitigate GBV risks inclusive of referral pathways for rehabilitation of victims. 8. Project Implementation Arrangements A Single Project Implementation Unit (SPIU) is operational within LODA. The SPIU will oversee all project- related fiduciary functions, including managing financial management (FM), procurement, M&E, environmental and social commitments, etc. The SPIU will be staffed with requisite experts. The SPIU structure aligns with guidelines provided by the Ministry of Public Service and Labour (MIFOTRA). The project will ensure that technical staff transfer and provides hands on training to ministries ’ staff. This approach will help to ensure sustainability at project closure. Several Ministries/Departments/Agencies (MDAs) will support the SPIU at LODA with respect to project sub- components. This includes providing technical inputs, supporting quality assurance, and on-the-ground implementation for various activities financed. LODA will maintain the role as central coordinator and convener of all committee meetings. iv A Project Coordination meeting will be held biannually to provide strategic oversight and governance for the project. The project coordination meeting will be chaired by MINALOC and the Director General (DG) of LODA will be the co-chair. Its participants will include representatives of the main technical lead institutions, including province and Districts, for each sub-component. 9. Monitoring and Evaluation The SPIU will be responsible for monitoring progress towards achieving the PDO and intermediate indicators based on the Results Framework. It will do so by ensuring that the SPIU is staffed with an M&E expert, tasked with coordinating M&E centrally, and by ensuring, that an adequate M&E system is established based on the M&E plan. The status of project implementation will be documented in progress reports prepared on a semi- annual basis and submitted to the WB for review. These will include updates on results, disbursements, FM, M&E, procurement, etc. In-built systems for tracking results and satisfaction surveys will be leveraged to support citizen engagement and solicit beneficiary feedback. Related tools will be embedded directly in project delivery to ensure feedback in real time, using digital tools and systems to register beneficiaries and report their feedback. Beneficiary focus groups will also be leveraged to inform design and track progress over time. 10. ESMF budget and ESMF disclosure Upon the clearance of the ESMF by the World Bank, the Government of Rwanda, through LODA, will locally disclose the ESMF and will authorize the Bank to disclose it through its external website. The estimated budget for ESMF implementation is US$ 647,100 and most of the budget will be used for screening process, preparation of ESMPs, consultation training and awareness. Given the nature of the project, the potential adverse impacts associated with this project are moderate and can be managed through proposed mitigation measures in this ESMF and simplified ESMP as appropriate. This framework will apply to all project activities under Rwanda Social Protection Transformation Project and it should be reviewed and approved by the World Bank prior to project appraisal. v TABLE OF CONTENTS EXECUTIVE SUMMARY __________________________________________________________________________ ii ACRONYMS AND ABBREVIATIONS ________________________________________________________________ 3 1. INTRODUCTION ____________________________________________________________________________ 5 1.1 Project background ______________________________________________________________________ 5 1.2. Project Description and project components ___________________________________________________ 5 1.2.1 Description of the Social Protection Transformation Project (SPTP) _________________________________ 5 1.2.2 Project Development Objective (PDO) ....................................................................................................... 6 1.2.3 Project components .................................................................................................................................... 6 1.3 Use and Justification of the ESMF _________________________________________________________ 9 1.4 Objectives of ESMF _____________________________________________________________________ 9 1.5 Methodology for ESMF Preparation ________________________________________________________ 10 1.5.1 Desk review ............................................................................................................................................. 10 1.5.2 Public consultations and visits to the project sites ............................................................................ 11 1.6 Environmental and Social risk management tools ______________________________________________ 11 1.7 ESMF structure _______________________________________________________________________ 12 2. POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK ____________________________________________ 13 2.1. National environmental and social management requirements ____________________________________ 13 2.1.1. Policy framework....................................................................................................................................... 13 2.1.2. Legal and Regulatory framework .............................................................................................................. 15 2.1.4. Institutional framework for environmental and social management in Rwanda ................................................ 19 2.1. World Bank Environmental and Social Framework (ESF) ________________________________________ 21 2.2. Comparison between Rwandan and World Bank ESSs _________________________________________ 23 2.3. World Bank Group Environmental, Health and Safety Guidelines __________________________________ 32 2.4.1. Environmental, Health, and Safety General Guidelines ............................................................................ 32 2.4.2. General Approach to the Management of EHS Issues at the Facility or Subproject Level .............. 32 3. ENVIRONMENT AND SOCIAL BASELINE CONDITIONS ___________________________________________ 35 3.1. Location and Size ______________________________________________________________________ 35 3.2. Physical Environment ___________________________________________________________________ 35 3.2.1. Climate and weather conditions ................................................................................................................ 35 3.2.2. Relief......................................................................................................................................................... 35 3.2.3. Hydrology and hydrography ...................................................................................................................... 36 3.2.4. Wetlands ................................................................................................................................................... 37 3.3. Geology and soils ______________________________________________________________________ 38 3.3.1. Soils and land use..................................................................................................................................... 38 3.3.2. Biological Environment ............................................................................................................................. 40 3.3.3. National Parks/Forest Reserves ............................................................................................................... 41 3.4. Biodiversity in agricultural systems _________________________________________________________ 43 3.4.1. Pastoral zones .......................................................................................................................................... 44 3.4.2. Woodlands ................................................................................................................................................ 44 3.5. Socio-economic Environment _____________________________________________________________ 44 3.5.1. Population and Demographic Characteristics ........................................................................................... 44 3.5.2. Source of energy ...................................................................................................................................... 49 3.5.3. Human settlements ................................................................................................................................... 50 3.5.4. Cultural Heritage ....................................................................................................................................... 50 3.5.5. Agriculture................................................................................................................................................. 52 3.5.6. Animal husbandry ..................................................................................................................................... 52 3.5.7. Economic activity ...................................................................................................................................... 52 3.5.8. Transport and Road network .................................................................................................................... 53 4. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES ________________ 53 4.1. Introduction ___________________________________________________________________________ 53 4.2. Positive impacts________________________________________________________________________ 54 4.2.1. Employment opportunities ........................................................................................................................ 54 1 4.2.2. Government revenues .............................................................................................................................. 54 4.2.3. Affordability of medical insurance for workers........................................................................................... 54 4.2.4. Food Security, poverty alleviation, raise of rural income........................................................................... 54 4.2.5. Social Interaction ...................................................................................................................................... 54 4.2.6. Increased access to critical health services among extremely poor women and children ........................ 54 4.3. Negative impacts _______________________________________________________________________ 55 5.4 Guidelines for mitigation measures _________________________________________________________ 60 5.5 Environmental and Social Impacts during operation phase _______________________________________ 62 6. ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCESS _______________________________________ 64 6.1. Introduction ___________________________________________________________________________ 64 6.2. Environment and social management process ________________________________________________ 64 6.2.1. Project screening and categorisation ................................................................................................... 64 6.2.2. Scoping.................................................................................................................................................... 66 6.2.3. Alternative analysis ................................................................................................................................ 67 6.2.4. Environment and Social Assessment process .................................................................................... 68 6.2.5. Impact Mitigation and Management Procedures....................................................................................... 69 6.2.6. Environmental and Social Management Plan ........................................................................................... 70 6.2.7. Environmental and Social Monitoring Plan ............................................................................................... 71 6.2.8. Training, awareness, and competencies .................................................................................................. 71 6.2.9. ESIA report and decision making .............................................................................................................. 72 6.2.10. Environmental and Social Monitoring ....................................................................................................... 72 6.2.11. Review, clearance and disclosure of E&S instruments ............................................................................. 73 8. GRIEVANCE REDRESS MECHANISM (GRM) ____________________________________________________ 78 8.1. Overview_____________________________________________________________________________ 78 8.2. Objectives of the Grievance Redress Mechanism ___________________________________________ 79 8.3. Proposed GRM levels __________________________________________________________________ 79 8.3.1. Community and Lower-Level Grievance Redress Mechanism ........................................................... 79 8.3.2. Advanced Project Level Grievance Redress Mechanism ................................................................... 80 8.3.3. Grievance Channel for Gender-Based Violence ....................................................................................... 81 8.3.4. Court of law............................................................................................................................................... 82 8.4. Grievance Logbook _____________________________________________________________________ 83 8.5. World Bank Grievance Redress Service (GRS) _______________________________________________ 84 8.6. Monitoring of Complaints _______________________________________________________________ 84 9. ESMF IMPLEMENTATION AND MONITORING PLAN _____________________________________________ 84 9.1. Monitoring Objectives ___________________________________________________________________ 84 9.2. Monitoring and reporting of Environmental and Social Indicators __________________________________ 85 9.2.1. Initial proposals ...................................................................................................................................... 85 9.2.2. Monitoring indicators ............................................................................................................................. 85 9.3. Evaluation of Results ____________________________________________________________________ 93 9.4. Monthly and Quarterly Reviews ____________________________________________________________ 93 9.5. Environmental and Social Auditing _________________________________________________________ 93 9.6. Monitoring Roles and Responsibilities _______________________________________________________ 93 10. INSTITUTIONAL ASSESSMENT, CAPACITY BUILDING AND TECHNICAL ASSISTANCE ________________ 94 10.1. Introduction ___________________________________________________________________________ 94 10.2. Institutional Assessment and Capacity building________________________________________________ 94 10.3. Human Resource Capacity Requirements ___________________________________________________ 95 10.4. Technical Capacity Enhancement __________________________________________________________ 95 11. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS AND ESMF BUDGET _____________________ 96 11.1. Institutional and Implementation arrangement_________________________________________________ 96 11.2. Results Monitoring and Evaluation Arrangements______________________________________________ 96 11.3. Disclosure of ESMF _____________________________________________________________________ 97 11.4. ESMF Implementation budget _____________________________________________________________ 97 12. CONCLUSION AND RECOMMENDATIONS _____________________________________________________ 98 2 REFERENCES _________________________________________________________________________________ 99 ANNEXES ____________________________________________________________________________________ 100 List of tabels Table 1. World Bank Environmental and Social Standards Applicable to the project ............................................. 21 Table 2. Differences between Rwanda regulations and World Bank ESF................................................................. 24 Table 3. Environmental Health and Safety Procedures for project implementation ................................................ 33 Table 4. Population in the Project areas ...................................................................................................................... 45 Table 5. Gender thematic distribution in project administrative Districts ................................................................ 46 Table 6. Education of the population in the project area by gender and age ........................................................... 47 Table 7. Poverty and extreme poverty distribution in project area. .......................................................................... 48 Table 8.Energy sources distribution in 27 administrative Districts .......................................................................... 49 Table 9. Economic activities of the population in 27 Administrative Districts ......................................................... 53 Table 10. Environmental and Social impact and proposed mitigation measures .................................................... 55 Table 11. Mitigation measures for Environmental impact from the project.............................................................. 60 Table 12. Mitigation measures for Social impacts of the project .............................................................................. 61 Table 13. Negative impacts and mitigation per type of subproject ........................................................................... 62 Table 14. Environmental and social safeguards categories ..................................................................................... 65 Table 15. Key stakeholders identified for consultation during preparation and implementation of project ......... 74 Table 16. Initial stakeholder engagement activities .................................................................................................... 75 Table 17. Stakeholder Engagement Comments in the districts ................................................................................. 76 Table 18. Grievance Redress Process at the Project Level ....................................................................................... 82 Table 19. Other methods of communication with the stakeholders .......................................................................... 83 Table 20. Monitoring indicators for Environment and Social Management for the project..................................... 87 Table 21. Role and responsibilities in the ESMF implementation ............................................................................. 97 Table 22. Estimated budget for the implementation of ESMF .................................................................................... 97 ACRONYMS AND ABBREVIATIONS BP : Bank Procedures CSA : Climate Smart Agriculture DEO : District Environment Officer EA : Environmental Assessment EDPRS : Economic Development and Poverty Reduction Strategy ESF : Environmental and Social Framework ESIA : Environmental and Social Impact Assessment ESMP : Environmental and Social Management Plans ESMF : Environment and Social Management Framework ESCP : Environmental and Social Commitment E&S : Environment and Social FAO : Food and Agricultural Organization HSMP : Health and Safety Management Plan IDA : International Development Association ICT : Information Communication and Technology ESS : Environmental and Social Standards GGCRS : Green Growth and Climate Resilience Strategy GHG : Greenhouse Gases FCAP : Facilitated Collective Action Process GoR : Government of Rwanda 3 HIV/AIDS : Human Immune Deficiency Syndrome INGO : International Non-Government Organisation JADF : Joint Action Development Forum LMP : Labour Management Procedure LODA : Local Government and Local Administrative Entities Development Agency SEP : Stakeholder Engagement Plan M&E : Monitoring and Evaluation MoE : Ministry of Environment MINALOC : Ministry of Local Government MINICT : Ministry of Information, Technology, Communication, and Innovation PPSD : Project Procurement Strategy for Development PSC : Project Steering Committee RPF : Resettlement Policy Framework RISA : Rwanda Information Society Authority RSB : Rwanda Standard Board MoU : Memorandum of Understanding RDB : Rwanda Development Board REMA : Rwanda Environment Management Authority RLMUA : Rwanda Land Management and Use Authority RURA : Rwanda Utilities Regulatory Authority SDG : Sustainable Development Goals SPIU : Single Project Implementation Unit PSF : Public Sector Federation UNFCCC : United Nations Framework Convention on Climate Change WBG : World Bank Group 4 1. INTRODUCTION 1.1 Project background The 2016/17 Integrated Household Living Conditions Survey (EICV5), published in November 2018, showed that 38.2 percent of the population live below the national poverty line and 16 percent below the extreme poverty line, a reduction from 39.1 percent and 16.3 percent, respectively in 2013/14. Despite Rwanda’s impressive achievements since 2000/2001 in reducing poverty, critical challenges remain, including the recent slowdown in poverty reduction, the high rate of chronic malnutrition and, more broadly, the relationship between poverty, vulnerability, and child development. The slow reduction in poverty reduction has been worsened by the outbreak of Covid-19 in Rwanda since March 2020, which has had negative effects on livelihoods and economic activities due to different measures that have been put in place to slow down the spread of the virus. Social protection remains one of the main priorities of the Government of Rwanda (GoR) for achieving the twin goals of accelerating poverty reduction and contributing to human capital development. To further this agenda, Rwanda has built an integrated social protection system to ensure a minimum standard of living and access to core public services, boost resilience to shocks, promote equitable growth, and strengthen opportunity through increased human capital development. Social protection programs have positive impacts on multiple outcomes across the life cycle, from improving nutrition, health, and cognitive and non-cognitive skills in the early years, which is the most sensitive period for human capital accumulation. 1.2. Project Description and project components 1.2.1 Description of the Social Protection Transformation Project (SPTP) The SPTP has been designed as part of the series of World Bank support to the government of Rwanda, specifically when the Strengthening Social Protection Project (SSPP, 2018-2021) is coming to completion. The USD $103 million project contributed to government’s commitment of scaling up VUP to more geographical sectors (direct support, public works, nutrition sensitive direct support, expanded public works including home based ECD). Other areas of support include but are not limited to systems strengthening and delivery mechanisms such as payment systems, MISs to enhance service delivery aimed at enhancing internal control systems and speed up the delivery of cash to the beneficiaries. Alongside the SSPP, the Human Capital for Inclusive Growth (HCIG), also commits to supporting the ongoing policy implementation including increasing coverage, systems strengthening, increasing the effectiveness of targeting through the development of the dynamic social registry. In a bid to continue sustaining the gains made, despite the recent set back caused by COVID-19, the Government of Rwanda and the World Bank, through the Ministry of Local Government (MINALOC) and Local Administrative Entities Development Agency (LODA), have embarked on designing a follow up project to SSPP with the aim of sustaining the achievements made under the previous projects. The Rwanda Social Protection Transformational Project will build on both the achievements registered under the SSPP and the HCIG with particular emphasis on strengthening the contribution of social protection to human capital development and address gaps that have been identified such as coverage and expansion, livelihood enhancement and graduation, malnutrition, building resilience and systems strengthening and other innovations solutions. 5 1.2.2 Project Development Objective (PDO) To strengthen the social protection programs and delivery systems to improve access of poor and vulnerable households to human capital and economic inclusion services through: i. Improve the design of VUP to address service delivery issues, specifically to improve the coverage of the poor and effectiveness of safety nets programs; ii. Enhance safety nets linkage to human capital investment, particularly among households with young children to address risks of malnutrition and enhance child development; iii. Supporting management capacity, human resource capacity and systems at both central and local government levels. 1.2.3 Project components The Rwanda Social Protection Transformation Project (SPTP) will strengthen the current Vision Umurenge Programme components mainly the social safety nets (Direct Support, classic Public Works, expanded Public Works including home based ECDs and Nutrition Sensitive Direct Support) as well as livelihoods enhancement schemes that will contribute to graduation such as productive assets, skills development, financial education and social behaviour change communication linked to a network of para social workers who are expected to play an important role in linking graduation clients to a range of socio economic activities. Additionally, through the project, the linkages between social assistance and social insurance especially long- term savings schemes and other probable social insurance schemes aimed at protecting households for shocks will be assessed. The project is structured under four components, which include accelerating human capital development, support to economic inclusion and transformative systems, policy and program coordination, and capacity building, policy and program coordination. Component 1: Enhance Resilience and Acceleration of Human Capital Development (US$ 67.17 million) This component will support investments in human capital focused safety programs with the objective to enhance the household’s resilience and leverage the power of social safety nets to accelerate human capital development in Rwanda. The component will accordingly cover the financing costs associated with the Direct Income Support program for vulnerable labor constrained households, the NSDS, the ePW program with a focus on the Home Based-ECD scheme, and cPW with a focus on climate sensitive projects. Specifically, the project will support expanding the coverage of the VUP safety nets, increasing the number of poor and vulnerable households who receive income support. Project financed VUP expansion will prioritize the expansion of human capital-focused interventions, namely the NSDS and ePW, to target the poor and vulnerable groups with a focus on households with women and children. Expansion of cPWs will also be supported as the program targets poorest households with some labor capacity and per Government statistics have a larger than average household size of 5.4. Excluding the cPW program may lead to the exclusion of a large number of vulnerable women and children from safety net programs. The project will further leverage cPWs for human capital gains by supporting integration of gender sensitive and climate smart public works programs that support community resilience against climate related shocks. Program targeting for all of the above will utilize the GoR’s Ubudehe community -based household classification system with the expectation to further leverage the new social registry to guide expansion as and when it is operational. 6 The project will support investments to enhance the design and implementation of VUP through operational and process changes, where identified. For NSDS and ePWs, parametric and operational changes will draw from the findings from the operational reviews that were recently conducted under the SSPP. A Knowledge Attitude and Practice survey on Community/Home-based ECD (CHB-ECD) is also about to commence and will further provide insights from beneficiaries and program implementers on how to improve the program design and enhance outcomes. Component 2: Support to Economic Inclusion (US$ 19.3 million) This component aims to take the Government’s graduation agenda to the next level through: (i) improving effectiveness and expansion of Sustainable Livelihoods Enhancement (SLE) and Para Social-workers scheme; and (ii) strengthening linkages between social assistance and social insurance, namely the Ejo Heza scheme. First, the project will support expansion of the SLE and Para-social workers schemes in line with the Government’s National Strategy for Sustainable Graduation 2021 (“Graduation Strategy”) and building on the lessons from the initial implementation of these schemes under SSPP. In line with the national strategy for sustainable graduation all households with the capacity to engage productively with markets will receive a personalized sequenced 2-year package of SLE interventions, including safety nets (public works), productive assets, skills training, financial literacy/entrepreneurship training, coaching as well as other inputs tailored to their needs and sector-level availability of services. Additionally, the component will finance interventions aimed at social behavior change communication (SBCC), sensitization and mobilization within the broader community. This is to tackle the broader social and gender norms that might hinder the full realization of the productive capacities of selected extreme poor households. Such a tailored approach, in addition to catering to specialized needs of beneficiaries, also grounds expectations of graduation timeframes with the reality of meso and macro level availability of conducive environments. The graduation delivery mechanism is based on para-social workers who will provide regular coaching to households. Para social workers benefit from a strong community buy-in as their selection follows a transparent scheme based on personal behavior. Their good understanding of the local context and location in the same neighbourhood as beneficiaries allows them to provide timely and adapted assistance and follow up. Para-social workers will play a key role in monitoring progress of households, through a standardized tracking tool, to introduce the right packages that meet household needs and capitalize on opportunities available to them. This component will finance the cost of developing the relevant tracking tools, training of para-social workers in these tools and other skills, necessary IT equipment and solutions, and help develop non-monetary incentive mechanisms to ensure retention and availability of good quality competent para-social workers. This may include annual workshops for refresher trainings, general motivation on their roles and responsibilities, and cross-fertilization of ideas and learnings. Second, this component will strengthen existing linkages between the social assistance system and the Ejo Heza scheme. Currently, Ejo Heza relies on the social assistance scheme to identify households eligible for fiscal incentives to promote savings by the poor and vulnerable. Activities under this component will aim to strengthen these links by actively incentivizing social assistance beneficiaries to participate in the Ejo Heza scheme. With new benefit amounts recently approved for NSDS and ePW, the Ejo Heza scheme would be of interest to NSDS and ePW households with the objective to improve their resilience with tailored communication and outreach activities. Para-social workers can serve as a powerful channel of communication to explain benefits of saving through Ejo Heza, support in registering individuals, and nudge them to save. Dedicated Human Capital officers who have the mandate of supporting programs at local level with aim to accelerate human capital development, are another important channel to promote participation of social assistance beneficiaries in Ejo Heza. This component will provide additional fiscal subsidies to 7 incentivize social assistance beneficiaries either to enroll in the Ejo Heza scheme or to increase level of savings by those that are already registered in the scheme. In total, the human capital focused social safety net (NSDS and ePWs/HB-ECD), schemes managed by LODA are now close to 2 million individuals and hence a critical mass of potential members for Ejo Heza. The Ejo Heza scheme will serve as a ‘tried and tested’ scheme for these households to save and build their resilience in the long term while the economic inclusion programs help them in the short term. Financial literacy initiatives carried out under this component will include modules on investment, savings, insurance, planning for old-age to influence persistent savings behavior of social assistance beneficiaries. Enhanced delivery systems under supported under Component 1 through the dynamic registry and payment systems would help further strengthen linkages with more efficient data and information exchange between Ejo Heza’s digital platform and fully automated social assistance information systems through interoperability. Component 3: Transformative Systems [digitization] (US$ 5.46 million) This component will make investments towards developing and enhancing delivery systems that serve as a foundation for a robust safety net system. The component will build on and compliment the work already underway through SSPP, HCIG-DPF and DARP respectively on the digitization of VUP payments and operationalization of the dynamic social registry. These two areas that are foundational for an adaptive SP safety net system with the ability for timely response to shocks, as was evidenced during COVID-19 pandemic and the Government’s use of SP delivery systems for a rapid rollout of COVID-19 emergency payments. First, this component will support the operationalization of a dynamic social registry. This will be done through supporting activities such as community outreach and communication related to the introduction of the social registry as a targeting tool; community validation process of the household welfare scores; additional resources needed under MINALOC to host and manage the social registry; and support for the operationalization of a social registry information system. While version one of the social registry will rely on data that was collected in 2019 (data collection completion year), it is expected that more recent data will be needed for subsequent versions of the social registry during the lifetime of the project to ensure the relevance of the data and its alignment with evolving poverty metrics particularly following welfare changes post COVID. The project will accordingly support the collection of updated household profiling data as well as supporting possible links between the social registry and the integrated social protection information system (iSP-MIS). Additionally, given the prevalence of climate shocks, this component will also finance the establishment of a mechanism to update social registry data in the aftermath of such shocks to facilitate a rapid expansion of social protection programs, particularly, direct income support. This will include the use of satellite imagery data and other innovative data sources to use in conjunction with existing social registry data. Second, this component will provide support to digitization of VUP transfers, including via mobile money. The project will build from the VUP payments digitization pilot that started under SSPP and will be further informed by the assessment being supported through a separate G2Px Bank executed trust fund (BETF), along with the accompanying Roadmap. The project will support any adaptions in implementation as and when needed, including consistently reviewing all payment modalities for payments to make to transaction accounts including, mobile money accounts, accounts at use of SACCOs and other licensed financial institution using different channels. The support will include any required upgrades to LODA’s backend systems, including Monitoring and Evaluation Information System (MEIS) to ensure proper management and tracking of digitized VUP payments and fiduciary accountability for strengthened end-to-end reconciliation of beneficiary funds. The support will also include awareness building and capacity building activities, dialogue with telecom operators as well as establishing linkages with Mobile Devices Affordability program supported by Digital Rwanda project, which is designed to improve affordability of mobile phones for the poorest households. 8 Component 4: Capacity building, policy and program coordination (US$ 8.07 million) Component 4 will ensure that the policy and programmes supported through the project are well developed with quality assurance at all levels of implementation and adequate orientation of concerned implementation staff at both central and decentralized levels. The component will support the coordination of Civil Society Organizations and Development Partners to ensure that the sector is well coordinated at implementation level for the smooth delivery of the social protection interventions. Stakeholder engagement will aim to ensure that (i) CSOs use the existing established systems such as targeting, eligibility criteria and the existing coordination framework; (ii) districts understand what CSOs are doing and how to engage with them; (iii) reporting, monitoring and evaluation and learning from CSOs and their engagement with beneficiaries can be documented; (iv) development partners are well aligned to the policies, strategies and plans in place and (v) the Social Protection Sector Working (SP-SWG) group coordination mechanisms are enhanced. The component will also support public communication and social and behavior change communications. Specifically, support will be provided for the implementation of the communication strategy which envisages a continuous engagement with communities and beneficiaries to ensure that: the objectives and expected results of the project are well disseminated; the beneficiaries understand their rights, roles and responsibilities as well as enhanced redress and grievance mechanisms; the key messages developed by MINALOC and LODA and other institutions (for example on NSDS, CRVS, HBECD, community mobilization) reach the communities effectively; and the evidence generated is communicated effectively. Support to monitoring and evaluation will include capacity building for data analysis to ensure real-time generation of lessons and quick remedial actions where needed. The project will further finance training activities to support on-going and new interventions. This will include development of user manuals for implementers at all levels; cascade training including continuous induction and refresher trainings. The project will pay special attention to ensure senior officials at all levels are trained on how to extract and use program data to support program targets. 1.3 Use and Justification of the ESMF The WB has categorized the E&S risks of the project as “Moderate”. Eight of the WB’s Environmental and Social Standards (ESSs) will be applicable to the project, namely the WB’s ESS on Assessment and Management of E&S Risks and Impacts (ESS1), Labour and Working Conditions (ESS2), Resource Efficiency and Pollution Prevention and Management (ESS3), Community Health and Safety (ESS4), Land Acquisition, Restrictions on Land Use and Involuntary Resettlement (ESS5), Biodiversity Conservation and Sustainable Management of Living Natural Resource (ESS6), Cultural Heritage (ESS8) and Stakeholder Engagement and Information Disclosure (ESS10). Given that the project is made of a series of subprojects for which the location and detailed information is not yet available, it was agreed that an Environmental and Social Management Framework (ESMF) will be prepared. The ESMF provides guidance on the management of environmental and social impacts and risks, the institutional arrangements, and E&S instruments to be prepared as part of the implementation of the project. 1.4 Objectives of ESMF The objective of this ESMF is to ensure that the implementation of Rwanda Social Protection Transformation Project is carried out in an environmentally and socially responsible manner. The ESMF has included World 9 Bank Environmental and Social Standards applicable to the project, the national legal and institutional arrangements, environmental screening and assessment guidance, monitoring and reporting formats, and capacity requirements for its effective operationalization, which is all geared towards ensuring that the proposed project will be environmentally and socially sustainable. Therefore, the ESMF aims to provide clear guidelines and processes for determining the level of required environmental and social management and development of mitigation measures, to avoid, manage or minimize potentially negative environmental and social impacts associated with the project. The ESMF will specifically help to: i) Establish a clear process and procedures for environmental and social assessment such as screening of sub-project activities as the first step to determine the level of assessment required, that is, ESMP or ESIA, and necessary management approaches during project implementation. ii) Provide for continuous improvement and identification of potential social and environmental risks and impacts of the proposed Project. iii) Ensure adherence to national, regional and international laws, policies and regulations relevant to the project. iv) Specify appropriate roles and responsibilities of government departments, lead agencies and other stakeholders, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to the project subcomponents. v) Assess the LODA capacity, training and technical assistance needs to implement the provisions of the ESMF and make recommendations for strengthening the capacity. vi) Provide criteria for selection of sites for the construction activities of the projects under the program and for the design of environmental and social impact mitigation measures; vii) Undertake stakeholder consultations, document issues that are raised in relation to the expansion. viii) Provide recommendations on ensuring review and adherence to developed project compliance procedures, LODA Environmental and Social Management Plan (ESMP). 1.5 Methodology for ESMF Preparation The consultant prepared this ESMF using the following approach and methodology: 1.5.1 Desk review The preparation of the ESMF involved a review on the existing baseline information and literature material. Detailed review and analysis of the national relevant legislations and policies as well as the World Bank ESF and other relevant documents were done. Key documents reviewed include existing policies, regulations, strategic plans for institutions related to Rwanda Social Protection Transformation Project. The World Bank Environmental and Social Management Framework (ESF) especially Environmental and Social Standards pertinent to the proposed project were also reviewed. The key documents that were reviewed include: ✓ Project documents (Project Concept Note, Documents related to the Strengthening Social Protection Project SSPP upon which the SPTP builds, ✓ National Environmental and Social regulations and policy documents: National Transformation Strategy (NST1), Land Use Master Plan, Land policy, laws and regulations including expropriation law, Environment and Climate change Policy 2019, Environmental law 2018, Ministerial order no 001/2019 of 15/04/2019 establishing the list of projects that must undergo environmental impact assessment, instructions, requirements, and procedures to conduct environmental impact assessment, General Environmental guidelines 2007, Waste management including E-Waste strategy, Regulation N°002 of 26/4/2018 governing E-Waste management in Rwanda published by RURA, Standards for “handling, 10 collection, transportation and storage of various categories of Electrical and Electronic waste (e-waste) in Rwanda, and ✓ World Bank Environmental and Social Framework (ESF)/Environmental and Social Standards (ESSs). 1.5.2 Public consultations and visits to the project sites In compliance with national regulations and international standards, Stakeholder engagement was key for the preparation of this ESMF. Stakeholder engagement involved stakeholder analysis and planning, and consultation with stakeholders. The consultant organized consultations with stakeholders at the central level including government officers and private operators. At the central level, consulted institutions included the Ministry of Environment (MoE), Rwanda Environment Management Authority (REMA), Rwanda utilities Regulatory Agency (RURA), Local Administrative Entities Development Agency (LODA), Rwanda Land Management and Use Authority (RLMUA), and Rwanda Development Board (RDB). At the local level, District Environment Officers, District Labour Inspectors, the District Joint Action Forum, Public Sector Federation (PSF) at the district level, representatives of women, youth, vulnerable people, and people living with disabilities were also consulted. It is worth mentioning that due to COVID-19, most consultations were conducted virtually and in keeping with measures to prevent the spreading of COVID-19. During the public consultation, the consultant applied different participatory methods: interviews, one-to-one discussions, and focus group discussions (FGDs) with district officials. With the current restrictions and to minimize the risks of COVID-19, community meetings and public gatherings were avoided. Stakeholders were informed about the proposed project and by using the guiding questionnaires, the consultant obtained relevant information on the likely impacts of the project activities and suggestions from stakeholders. This was also an opportunity for data collection using questionnaires and guiding questions developed at the inception phase. 1.6 Environmental and Social risk management tools ✓ Environmental and Social Commitment Plan The Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these so that the project is implemented in accordance with the Environmental and Social Standards (ESSs). It also states LODA responsibility for compliance with all requirements of the ESCP even when implementation of specific measures, monitoring and actions is conducted by its contractors and sub-contractors. ✓ Labour Management Procedures The Labour Management Procedures aims to: a) Ensure fair treatment at work for all employees in LODA led projects to protect or mitigate the risks of potential discrimination in employment, remuneration disparities, Gender Based Violence and aspects of Sexual Harassment at the workplace. b) Provide commitment from management towards sustainable project execution in compliance with ESS2 c) Ensure safety of workers and remind all project teams of the need to adhere to resident worker related legislation, standards and best in duty practice. d) Provide all project teams with the main legal backings on workers’ rights, duties, employer’s duties among others ✓ Resettlement Policy Framework The Resettlement Policy Framework (RPF) shall be used for the social screening and assessment of infrastructure project components to be funded within the framework of the Rwanda Social Protection Transformation Project (SPTP). It is not anticipated to acquire land, but activities planned may need land or 11 easements that might cause the loss of some crops and/or trees. Therefore, the ESMF will guide implementation of proposed activities to ensure that displacement issues are resolved and that the livelihoods of the affected persons are not negatively impacted and that, where it is unavoidable, they are appropriately compensated and/or resettled. ✓ Stakeholder Engagement Plan The SEP aims to provide key stakeholders with program information, alternative approaches to its implementation, potential impacts and strategies to mitigate those negative impacts while optimizing the positive, educate stakeholders on the grievance management mechanism and Gender Based Violence framework that the project plans to utilize. The SEP identifies key stakeholders that are affected, and/or able to influence the project and its activities and provide stakeholders an opportunity to make input into the project risk management process by highlighting their expectations, fears, concerns and what needs to be done among others. At the subproject level, the following tools will be prepared: ESMPs, A/RAPs, and SEP, progress reports, monitoring plans, and grievance logs. 1.7 ESMF structure This ESMF is structured as follows: 1. Executive summary: discusses significant findings and recommended actions on environmental and socio-economic issues, main environmental and socio-economic impacts and the suggested mitigation measures and states other noteworthy matters. 2. Project description: describes the proposed project and its geographic, ecological, social, economic and cultural context, including any off-site investments such as housing, and raw material and product storage facilities). 3. Institutional and legal framework: discusses the policy, legal, and administrative framework within which the ESMF is carried out. It will identify relevant international environmental agreements to which the country is a party and relevant World Bank Environmental and Social Standards, Environment, Health and Safety Guidelines and any other requirements. 4. Environmental and Social baseline information: This section assesses and presents the dimensions of the study area by describing relevant physical, biological, and socio - economic conditions, including any changes anticipated before the project commences. 5. Potential environmental and social impacts and mitigation measures: To predict and assess the project's likely positive and negative impacts, in quantitative terms to the extent possible. This is to include occupational health and safety risks in relation to all relevant activities. It also provides proposed mitigation measures. 6. Environmental and Social Monitoring Framework: This section will include the monitoring framework for the ESMF implementation to ensure compliance and implementation of mitigation measures. 7. Subproject review and screening procedures: this section will describe the process for screening and preparation of site-specific instruments. 8. Stakeholder Engagement and Grievance Redress Mechanism: this section will outline consultation and engagement conducted and future consultations and engagement, 9. ESMF implementation arrangements, budget and capacity building and training: this section establishes a clear understanding of the institutional requirements, roles and responsibilities for adopting and implementing the ESMF. It also outlines the training and capacity building programme for the institutions responsible for implementing the ESMF. 10. Conclusion and recommendations: It provides key conclusions and recommendations for the implementation of ESMF. 11. Annexes (screening forms and sample terms of reference for site specific instruments) 12 2. POLICY, INSTITUTIONAL AND LEGAL FRAMEWORK This section of the ESMF outlines and reviews the existing legislation, policies and institutions and identifies requirements as well as gaps and conflicts of the relevant legal and institutional arrangements that would guide the development of the project in line with the national and international laws applicable to the project. Because Rwanda is a signatory to various international conventions and laws, it is important that national projects are in line with these laws and therefore some of the relevant international conventions are reviewed in this chapter. 2.1. National environmental and social management requirements 2.1.1. Policy framework ✓ Rwanda Environment and Climate Change Policy, 2019 The overall objective of the Environmental Policy is the improvement of man’s wellbeing, the judicious utilization of natural resources and the protection and rational management of ecosystems for sustainable and fair development. The policy seeks to achieve this through improved health and quality of life for every citizen and promotion of sustainable socio economic development through a rational management and utilization of resources and Environment, integrating Environmental aspects into all the development policies, planning and in all activities carried out at the national, provincial and local level, with the full participation of the population, conservation, preserve and restoration of ecosystems and maintenance of ecological and systems functions. The SPTP investments trigger this policy and will integrate the Rwanda Environment Policy in its implementation by protecting, restoring or maintaining both the quality of ecological and systems functions, involving all stakeholders in project activities and improving/ maintaining public health and safety. ✓ Land Policy, 2019 The Rwanda land policy calls for rational use and sound management of national land resources, and that land use be based on established master plans. The policy also provides development of land use plans based on suitability of the areas/lands thus distinguishing the different categories of land and their purpose. Project activities are not expected to acquire land, but this can happen through the proper alignment and the choice of the project engineers which can involve small land acquisition. This will require LODA to observe the procedures of the national land policy that stipulates that land must be used for productive and development purposes without compromising its use by future generations. ✓ E-waste management policy, 2018 E-waste encompasses all discarded and disposed Electrical and Electronic Equipment (EEE), which is defined as equipment dependent on electric currents or electromagnetic fields in order to work properly, but also any for the generation, transfer and measurement of such currents and fields. This policy aims at minimizing the adverse effects of e‐waste on the environment and human health through appropriate legal and regulatory framework for e-waste management; promoting the establishment of e-waste management facilities and investment in e‐waste management to ensure sustainability of e-waste 13 management in Rwanda and; increasing the knowledge capacity of stakeholders by promoting the investment, education and awareness ineffective e‐waste management. The environment and climate change policy highlights e-waste among the key emerging challenges and fastest growing of pollution. Furthermore, the environment law recognizes e-waste as hazardous and toxic waste and must be collected, treated and changed in a manner that does not degrade the environment in order to prevent, eliminate or reduce their adverse effects on human health, natural resources and environment. The project activities will generate e- waste especially at the end life of the equipment to be used and their management should well follow the operations and procedures of e-waste management in Rwanda. ✓ National Strategy for Transformation (NST1), 2018-2024 The National Strategy for Transformation (NST1) entails interventions to enable the transformation journey towards achieving Vision 2050 aspirations. It merges the 7 Year Government Program (2017-2024) and the national medium-term development strategy. It integrates far-sighted, long-range global and regional commitments by embracing: (i) the Sustainable Development Goals (SDGs), (ii) the African Union Agenda 2063 and its First 10-Year Implementation Plan 2014-2023, (iii) the East African Community (EAC) Vision 2050, and (iv) the COP 21 Paris Agreement on Climate Change and other agreements. The NST1 focuses on three pillars—mainly Economic Transformation, Social Transformation and Transformational Governance and considers the seven (7) cross-cutting areas to attain inclusive and sustainable development: Capacity Development, HIV/AIDS and Non-Communicable Diseases, Disability and Social Inclusion, Gender and Family Promotion, Regional Integration and International Positioning, Disaster Management, Environment and Climate Change. The objectives of the economic transformation pillars include: (i) create decent jobs for economic development and poverty reduction, (ii) accelerate urbanization to facilitate economic growth, (iii) promote industrial development, export promotion and expansion of trade related infrastructure, (iv) develop and promote a service-led and knowledge-based economy, (v) increase agriculture and livestock quality, productivity and production and (vi) sustainably exploit natural resources and protect the environment. The social transformation targets to (i) move towards a poverty free Rwanda, (ii) ensure a quality healthy population, (iii) develop a competitive and capable Rwandan population, (iv) ensure quality of education for all aiming at building a knowledge-based economy and (v) transition to a modern Rwandan household in urban and rural areas. The present project is in line with all NST1 pillars as it will be a booster for economic development through improving online services, ease the socializing through enhancing the cheap and timely communication and facilitate the transformational governance by facilitating human resource management, information sharing and storage. ✓ Green Growth and Climate Resilience Strategy, 2011 Rwanda adopted the national Green Growth and Climate Resilience Strategy (GGCRS) in 2011 with the vision for Rwanda to be a developed climate-resilient and low-carbon economy by 2050. The mainstreaming and implementation of the GGCRS is mandated to the ministry responsible for environment and climate change, which is currently the Ministry of Environment. The GGCRS stipulates 4 strategic objectives: - Energy security and a low-carbon energy supply that supports the development of Green Industry and Services; - Sustainable land use and water resource management that results in food security; - Appropriate urban development and preservation of biodiversity and ecosystem Services; and 14 - Social protection, improved health and disaster risk reduction that reduce vulnerability to climate change. The proposed project is in line with this strategy, as it will contribute to the reduction of unnecessary movement, which will reduce the Green House Gases emissions that would have been emitted, and deforestation to make the papers will be tackled through promoting the use of soft information, soft data transfer and storage. ✓ Updated Nationally-Determined Contribution (NDC), 2020 NDC document presents the Government of Rwanda’s update of its first Nationally Determined Contributions (NDCs) for mitigation and adaptation for the period starting from 2020 up to 2030. The Government of Rwanda is committed to taking urgent action to mitigate and adapt to the effects of climate change. As a Party to the United Nations Framework Convention on Climate Change (UNFCCC), the country seeks to contribute to the ambitious goal of limiting temperature rise to 2 oC with efforts to reach 1.5oC agreed under the Paris Agreement. Because Rwanda is highly vulnerable to climate change, adaptation is a key concern and a priority for the country. 2.1.2. Legal and Regulatory framework This section describes the relevant policies and strategies, legal instruments, institutional arrangement and framework applicable to the implementation of proposed project with respect to environmental safeguards compliance. ✓ Rwandan Constitution, 2015 The constitution is the supreme law of the country. Any law, decision or act contrary to this Constitution is without effect. The Articles 22 and 53 of the Constitution of the Republic of Rwanda, promulgated in 2003 and revised in December 2015, articulate the rights and responsibilities of all citizens and the role of the state regarding the environment by providing that every citizen is entitled to a healthy and satisfying environment and that every person has the duty to protect, safeguard and promote the environment. The guidance of the Constitution on environmental preservation and management as a crosscutting issue is reflected in the National Vision 2050 and the National Policy on Environment of 2017. The Constitutional rights as articulated in Vision 2020, Vision 2050 and the Environment Policy are given effect by the Law No. 48/2018 of 13/08/2018 on environment. The Constitution also recognizes the ownership of property and every person’s right to private property. Under Article 34 of the Rwandan constitution, every citizen has a right to private property, whether personal or owned in association with others. Furthermore, it states that private property, whether individually or collectively owned, is inviolable. However, this right can be interfered with in case of public interest, in circumstances and procedures determined by law and subject to fair and prior compensation. The Article 35 stipulates that private ownership of land and other rights related to land are granted by the State. The constitution provides that a law should be in place to specify modalities of acquisition, transfer and use of land. ✓ Law on Environment, 2018 The most relevant legislation for this study is the Law on Environment. The legislation sets out the general legal framework for Environment protection and management in Rwanda. It centres on avoiding and reducing 15 disastrous consequences on the environment. The Ministry of Environment puts in place the instructions and procedures for the environment conservation. Until very recently, REMA was responsible for the approval of ESIA reports; this responsibility has now been transferred to Rwanda Development Board (RDB) where there is a department for ESIA, responsible for review and approval of all ESIA reports. This project will observe the law No 48/2018 of 13/08/2018 on environment by preparing Environmental and Social Impact Assessment (ESIAs) or Environmental and Social Management Plans (ESMPs) in order to ensure reduction of disastrous consequences on the Environment in its activities. The project will also monitor the compliance with environmental safeguards in all sites. ✓ Law n° 27/2021 of 10/06/2021 governing land The recently approved law n° 27/2021 of 10/06/2021, replacing the 2013 law, determines modalities of allocating, acquisition, transfer and management of land in Rwanda. It also establishes the principles applicable to rights recognized over all lands situated on Rwanda’s national territory and all rights united or incorporated with land, whether naturally or artificially. According to article 9, a person who acquired land through inheritance, succession, purchase, donation, exchange, land sharing or legal grant by competent authorities, owns it in accordance with one of the following tenure modalities: (i) emphyteutic lease and (ii) freehold. Article 41 states that a holder of land rights enjoys full rights in exploiting his or her land in accordance with legal provisions. The State grants the right to free ownership of land and protects the land rights holder from being dispossessed of the land whether totally or partially, except in case of expropriation in the public interest in accordance with relevant laws. Project activities shall respect the land use plans of the area where the land is located and if any private land is affected then the person will be compensated in accordance with this law and World Bank ESS5. ✓ Ministerial order N°001/2019 of 15/04/2019 establishing the list of projects that must undergo an environment impact assessment, instructions, requirements and procedures to conduct environmental impact assessment Article 3 and the appendices of this Order specify the works, activities and projects that have to undertake an environmental impact assessment (ESIA), partial ESIA or no ESIA before being granted permission to commence. SPTP is not in the category of projects that must undergo environmental impact assessment. Activities in the project will be screened based on this ESMF and World Bank ESS1 to determine if ESIA is required. ✓ Expropriation Law in the Public Interest, 2015 The law No. 32/2015 of 11/06/2015 related to expropriation in the public interests determines the procedures relating to expropriation of land in the interest of the public. Article 3 of the law stipulates that it is only the government that has authority to carry out expropriation. However, the project, at any level, which intends to carry out acts of expropriation in the public interest, shall provide funds for inventory of assets of the person to be expropriated and for just compensation on its budget. According to the organic law, no person shall hinder the implementation of the program of expropriation on pretext of self-centred justifications and no land owner shall oppose any underground or surface activity carried out on his or her land with an aim of public interest. In case it causes any loss to him or her, he or she shall receive fair and just compensation for it. The law identifies properties to be valued for just and fair compensation including land and activities that were carried out on the land such as different crops, forests, 16 any buildings or any other activity aimed at efficient use of land or its productivity. However, as per Article 27 of the law No. 32/2015 of 11/06/2015, the owner of land designated for expropriation in the public interest shall provide proof of rights to land and property incorporated thereon like land titles or any other documentary evidence showing he/she has property ownership. ✓ Regulations on E-waste management in Rwanda, 2019 In a bid to manage increasing e-waste in Rwanda, Rwanda Utilities Regulatory Agency (RURA) issued the Regulation n°002 of 26/4/2018 Governing E-Waste Management in Rwanda. This Regulation sets a regulatory framework for electrical and electronic waste management in Rwanda and reiterates that any person carrying out activities related to e-waste collection, transportation, retailing, importation, dismantling, recycling, refurbishing shall hold appropriate license issued by the Regulatory Authority. This regulation is established for protecting the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste from electrical and electronic equipment, and by promoting resource efficiency through reuse, recycling and other forms of recovery of E-waste in environmentally friendly manner. Key requirements under this regulation include: • Any person carrying out activities related to waste collection, transportation, retailing, importation, dismantling, recycling, refurbishing shall hold an appropriate licence issued by the Regulatory Authority, under this regulation. • Any collector and transporter of e-waste shall: a) ensure that the e-waste collected is stored in proper and secured manner till it is sent to the licensed dismantler or recycler; • The applicant for e-waste collection and transportation license shall: (i) have adequate equipment for collection and transportation as specified in E-waste standard; (ii) ensure segregation at source of e- waste with other types of solid waste and handled them separately in accordance with standard;(iii) e- waste containers shall not be overfilled and shall be appropriately covered and labelled; (iv) the containers shall be immediately replaced once they are worn out; (v) have a collection point adequate to serve the geographical area and the volume of separated e-waste tonnage captured; and (vi) provide a copy of a EIA certificate, if the applicant intends to construct a storage facility. In Rwanda there are already e-waste recycling plants established by the government and managed by a private operator, EnviroServe, with a capacity of treating 10 tones every week. Further, e-waste collection points are being established in all 30 districts. To manage e-waste anticipated from the proposed project, it is recommended that MINALOC, LODA and Districts will establish a working agreement with the e-waste recycling plants to facilitate the collection, transport and recycling of e-waste. ✓ Regulations on Occupational Health and Safety Apart from the environmental law, the other law related to occupational health and safety is the labour law approved in 2018. The entire section 5, article 77 to article 82, is dedicated to the provisions on occupational health and safety in working areas while article 19 provides obligations of employer as well as rights of employee in case of occupational Health and safety incidents. LODA will ensure that those provisions are complied with during SPTP implementation. Some of these provisions are the following: Article 19: Occupational accident or disease: An employee who has an occupational accident or disease while his/her employer has contributed for him/ her in a social security body in Rwanda, he/she is entitled to compensation in accordance with Laws governing social security in Rwanda. An employee having an occupational accident or disease while the employer has not contributed for him/her in a social security body in Rwanda, receives from the employer compensation equivalent to the social benefits he/she would have 17 received from a social security body in Rwanda if the employer had contributed for him/her, including medical and related expenses. An employee cannot be dismissed as a result of occupational accident unless a recognized doctor declares him/her unfit to resume service in the employment he/she held prior to the accident. If it appears that the employee is fit to work again, the employer offers him/her another employment suitable to his/her ability. Article 77: General health and safety conditions in the workplace: An employer must ensure the health, safety and welfare in the workplace for employees and for all persons who frequent the work place. An employee is not required to pay any cost in connection with measures aimed at ensuring occupational health and safety. Article 78: Occupational Health and Safety Committee: An employer establishes an Occupational Safety and Health Committee. Article 79: Personal Protective Equipment: An employer provides every person entering an area where he/she is likely to be exposed to the risk of injury or harm from contamination, with suitable protective equipment and instructions for their use and verify that they are used. Article 80: First aid, fire-fighting and imminent danger: An employer takes the necessary measures for first aid, fire-fighting, preventing and fighting imminent danger that can occur in his/her enterprise. Article 81: Preventing and fighting occupational accidents and diseases In order to prevent and fight occupational accidents and diseases, an employer does the following: - to assess risks of occupational accidents and diseases; - to develop occupational safety and health policy and monitor its implementation; - to prevent risks of occupational accidents and diseases; - to reduce in the best possible way risks of occupational accidents and diseases; - to fight occupational accidents and diseases; - to adapt modalities of preserving occupational health and security of employees with new technology. Article 82: Declaration of occupational accidents, disease or death: An employer declares to the management of the social security body in Rwanda and to the Inspectorate of Labour where the enterprise is located, occupational accident, disease or death in accordance with relevant Laws. In case the employer fails to declare occupational accident, disease or death, the victim of an accident or of the disease is entitled to do it. It can also be done by the beneficiary of the victim of accident or disease or of the deceased or by the competent authority within a period provided for by relevant Laws. 2.1.3. International Conventions It is worth noting that Rwanda is a signatory to many agreements and conventions on environmental management. These include support for the provisions of Agenda 21 amongst other declarations and statements of principles, such as the Rio Declaration in 1992 on Environment and Development. Rwanda is also a party to the Basel and Bamako Conventions on the control of trans-boundary movements of hazardous wastes and their disposal, both conventions were developed with the purpose to ensure: the imports of hazardous wastes are prohibited; the generation of hazardous wastes and other wastes is minimized; that adequate disposal facilities exist for sound environmental management of wastes; and that management of waste minimize the risk to human health. Rwanda is also a signatory of Paris Agreement; United Nations Framework Convention on Climate Change (UNFCCC) and Stockholm Convention on persistent organic 18 pollutants, as well as the Convention on Biological Diversity. Appropriate measures should be taken for proper waste management to make sure that the environment is kept safe. 2.1.4. Institutional framework for environmental and social management in Rwanda The institutional framework for environmental management is currently enshrined in the Law 48/2018 of 13/08/2018 on Environment. a) Ministry of Environment (MoE) This Ministry leads the Environment and Natural Resources (ENR) sector, which is divided, into 5 subsectors, namely (i) integrated water Resources Management, (ii) Environment and Climate Change, (iii) Forestry, (iv) Land Management and Use, and (v) Mining. The Ministry is also responsible for meteorological services. MoE is responsible for the development of policies, laws and regulations as well as coordination of all activities in the environment and natural resources sector, as well as their follow up and evaluation. The Ministry of Environment has the following main responsibilities: ✓ To develop and disseminate the environment and climate change policies, strategies and programs ✓ To monitor and evaluate the implementation and mainstreaming of environment and climate change policies, strategies and programs across all sectors, especially productive sector; ✓ To oversee and evaluate institutions under its supervision by providing guidance on the implementation of specific programs to be realised by the institutions under its supervision and local government; ✓ To mobilise the necessary resources for the development, protection and conservation of the environment for the climate change adaptation and mitigation. b) Rwanda Environment Management Authority (REMA) The Rwanda Environment Management Authority (REMA) was established in 2004 to act as the implementing organ of environment-related policies and laws in Rwanda. REMA is also tasked to coordinate different environmental protection activities undertaken by environmental promotion agencies; to promote the integration of environmental issues in development policies, projects, plans and programmes; to coordinate implementation of Government policies and decisions taken by the Board of Directors and ensure the integration of environmental issues in national planning among concerned departments and institutions within the Government; to advise the Government with regard to the legislation and other measures relating to environmental management or implementation of conventions, treaties and international agreements relevant to the field of environment as and when necessary; to make proposals to the Government in the field of environmental policies and strategies, etc. c) Rwanda Development Board (RDB) The RDB was created by Organic Law N° 53/2008 of 02/09/2008 with a mission of improving the well-being of all Rwandans by fast-tracking development, catalysing sustainable economic growth, and creating prosperity for all. According to the recent restructuring of government institutions, RDB was assigned the responsibility of reviewing the ESIA report and authorizing the project to proceed by issuing an ESIA certificate. It is worth noting that RDB has determined that SPTP will not need an ESIA certificate. d) Rwanda Utilities Regulatory Authority (RURA) The Rwanda Utilities Regulatory Authority (RURA) was initially created by the Law n° 39/2001 of 13 September 2001 with the mission to regulate certain public Utilities, namely: telecommunications network and/or Telecommunications services, electricity, water, removal of waste products from residential or business premises, extraction and distribution of gas and transport of goods and persons. This Law was further reviewed and replaced by Law Nº 09/2013 of 01/03/2013 establishing Rwanda Utilities Regulatory Authority 19 (RURA) and determining its mission, powers, organization and functioning. This Law gives to RURA the mandate to regulate: - Telecommunications, information technology, broadcasting and converging electronic technologies including the internet and any other audio-visual information and communication technology; - Postal services; - Renewable and non-renewable energy, industrial gases, pipelines and storage facilities; - Water supply including tariffs; - Sanitation; - Transport of persons and goods; and - Other public utilities, if deemed necessary. Under the proposed project, RURA will play a critical role especially in e-waste management by certifying companies involved in E-waste management but also in ensuring that established regulations and guidelines for E-waste are complied with. Further, RURA is planning to register all operators in electronic repairs with the aim to facilitate the collection and management of e-waste. e) LODA LODA will implement the project and will monitor the compliance with environmental and social requirements across project sites. f) Ministry of Labour and Public Service (MIFOTRA) MIFOTRA is responsible for designing and monitoring implementation of national policy and legislation governing employment including occupational health and safety. Though its Inspection directorate, the Ministry is responsible for monitoring compliance with this Law, its implementing orders, collective agreements as well as awareness and provision of advice on matters relating to Laws governing labour and social security. However, at the site level and on a day-to-day basis the responsibility of occupational health and safety will be under the Safeguards Specialists, Human Resources staff (Social Safeguards Specialist, Environmental Safeguards Specialist, and HR Officer) and Project managers to ensure safety and health at workplaces. However, all project workers will be trained on occupational health and safety, its approaches and hazard avoidance concepts. Each contractor will have the safeguards staff who will have Occupational Health and Safety as his/her responsibility and the overall coordination will be ensured by SPIU safeguards staff. g) Local Governments The proposed project will be implemented in all 30 districts of Rwanda. Under the general guidelines and procedure for ESIA, each district is tasked to perform the following functions: - At the request of RDB, review subproject briefs so as to advise on Terms of Reference; - Provide information or advice to developers and ESIA Experts when consulted during the ESIA process; - At the request of RDB, review ESIA or ESMP reports and provide comments to RDB; - Assist RDB in organizing public hearings; - Host public hearings as well as individual consultations; - Gather written comments from public and transmit them to RDB; - To be actively involved in the implementation of Environmental and Social Management Plans (ESMP) and Monitoring Plan (ESMP) and work closely with all concerned Stakeholders. 20 2.1. World Bank Environmental and Social Framework (ESF) The World Bank has recently adopted Environmental and Social Framework (ESF) that are replacing the environmental and social safeguard policies that have been in use over the last 4 decades. These Standards are designed to avoid, minimize, reduce or mitigate the adverse environmental and social risks and impacts of the project. They provide guidelines for the Bank and borrowers in the identification, preparation, implementation and monitoring of programs and projects. This ESMF has been designed so that all project activities funded under this project will comply with both the Environmental laws of the Government of Rwanda and ESF of the Bank. The Bank's environmental and social standards (ESS) are presented below: - Assessment and Management of Environmental and Social Risks and Impacts (ESS1); - Labour and Working Conditions (ESS2), - Resource Efficiency and Pollution Prevention and Management (ESS3), - Community Health and Safety (ESS4); - Land Acquisition, Restrictions on Land Use and Involuntary Resettlement (ESS5); - Biodiversity Conservation and Sustainable Management of Living Natural Resources (ESS6); - Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (ESS7); - Cultural Heritage (ESS8); - Financial Intermediaries (ESS9); - Stakeholder Engagement and Information Disclosure (ESS10). The World Bank (WB) and GoR agreed that the project will trigger all environmental and social Standards of the WB, except ESS7 and ESS9. This is because the country does not possess among its nation (i) a group self-identified as distinct indigenous group and recognized as such by others, (ii) collective attachment to geographically distinct habitats, ancestral territories, areas of seasonal use or occupation, etc., (iii) no group with customary cultural, economic, social or political institutions distinct or separate from mainstream society or culture and (iv) no group speaking a distinct language or dialect often different from the official language or languages of the country or region where they live. The project does not also intend to use any financial intermediary. Table 1. World Bank Environmental and Social Standards Applicable to the project World Bank Environmental and Applicability Compliance Plan Social Standards to the Project ESS1: Environmental Yes An ESMF will be developed and submitted to the WB for review and Assessment consideration to enhance project compliance. ESMPs, Environment and Social Audits will be conducted when specific sites and activities are identified 21 World Bank Environmental and Applicability Compliance Plan Social Standards to the Project ESS2: Labour and Working Yes Specific Labour Management Procedures (LMP) will be developed Conditions with a Grievance Redress Mechanism (GRM) for handling grievances both of civil and criminal nature including GBV &SEA among workers. And other than conducting timely sensitization and awareness sessions on GBV/SEA and SH, signage on GBV/SEA and SH will be erected strategically at the project work sites and various district boards. All workers shall also be provided with PPE, code of conduct and letters of engagement specifying the terms and conditions of their engagements. There shall be workers’ GRM, Incident Management and investigation procedure. All workers will be inducted into the NITA-U HIV/AIDS as well as the sexual harassment policies ESS3: Resource Efficiency and Yes The project seeks to minimize generation of hazardous and non- Pollution Prevention and hazardous waste including but not limited to spoils from different Management devices and human waste management, etc. e-waste management specifically has been integrated into project design. Therefore, waste management practices will be upheld throughout the project cycle. ESMPs shall take this into account aspects of resource efficiency. Agreement will be established with existing e-waste management Plants for the collection, transport and recycling of e-waste. ESS4: Community Health and Yes Interactions with host communities shall be inevitable. There is also Safety the potential of road accidents as the project shall utilize vehicular movements as well as a risk of HIV/AIDS and COVID-19 transmission. As mitigation, care shall be taken to ensure prompt risk assessments and adherence to set controls prior and during project implementation. Traffic management plan will be developed and implanted. To address the risk of HIV/AIDS and COVID-19 transmission, there will be continuous awareness sessions on the prevention and spread of HIV/AIDS, and adherence to COVID-19 Standard Operating Procedures for the Ministry of Health. ESS5: Land Acquisition, Yes The project will use all measures and strategies to avoid any Restrictions on Land Use and involuntary displacements from personal property. Involuntary Resettlement An RPF will be developed to provide guidance in the event that land has to be acquired. A/RAPs will be prepared where necessary. ESS6: Biodiversity Yes The project will not affect wetlands and Protected Areas like wildlife Conservation and Sustainable reserves, forests and parks. However, some activities in public works Management of Living Natural may affect site biodiversity. ESMF and ESMPs will be developed in Resources this regard. ESS7: Indigenous Peoples/ No This standard is not applicable in Rwanda Sub-Saharan African Historically Underserved Traditional Local Communities ESS8: Cultural Heritage Yes The project shall develop and rely on a chance finds procedure given the fact that it involves public works. Awareness sessions will be carried out for project implementation teams and this shall form part of 22 World Bank Environmental and Applicability Compliance Plan Social Standards to the Project the construction contracts to be awarded for the project. The chance finds procedure will be included in the ESMF and subsequently ESMPs shall follow. ESS9: Financial intermediaries No There will not be any financial intermediary under SPTP. ESS10: Stakeholder Yes There will be a Stakeholder Engagement Plan developed for Rwanda Engagement and Information Social Protection Transformation Project, which provides for open and Disclosure transparent engagement providing for effective and inclusive engagement throughout the project cycle. A GRM and stakeholder engagement plan shall be utilized throughout the project cycle 2.2. Comparison between Rwandan and World Bank ESSs This section compares the similarities and differences between National requirements and the World Bank environmental and social standards (ESSs). Basically, there is no significant difference in regard to the environment and social management framework between national requirements and World Bank safeguards. Some gaps identified in the national Rwandan legislation and the World Bank Environmental and Social Framework are presented below: 23 Table 2. Differences between Rwanda regulations and World Bank ESF ESF requirements National legal requirements Gaps Recommended actions Standard 1: Assessment and Management of Environmental and Social Risks and Impacts (i)To identify, evaluate and manage the environment and The Law 48/2018 of 13/08/2018 suggests a The difference lies between the Project Classification All sub-projects would be screened as there might social risks and impacts of the project in a manner systematic process of identifying environmental, according to levels of impacts while WB classifies into 4 be some subprojects that might have adverse consistent with the ESSs. social and economic impacts of a project before a categories (High, Substantial, Moderate and Low Risk), environmental and/or social impacts decision of its acceptance is made. the Ministerial Order No 001/2019 of 15/04/2019 classifies projects in three categories after screening: Project that must undergo full ESIA, Partial ESIA and no ESIA for the project not listed in the Annex 1 and 2. Again, ESF classification is risk based while national classification is mainly size based (ii)To adopt a mitigation hierarchy approach The Rwandan Regulation does not specify the use Although current national legislative framework seeks to The ESS of the World Bank will be adopted of hierarchy but it suggests that the mitigation avoid and mitigate social risks, there is no explicit during project implementation. measures should aim at preventing, eliminating or directive to minimize impacts or to promote the adoption reducing the adverse effects on human health, of a clearly-defined mitigation hierarchy approach to natural resources and environment. managing social risks. In addition, the current system emphasizes cash compensation as a mitigation measure and hence does not address other losses. (iii)To adopt differentiated measures so that adverse The Constitution of Rwanda approves that the The National Social Protection Policy defines a The vulnerability will be assessed based on impacts do not fall disproportionately on the State has also the duty, within the limits of its vulnerable individual or household who, for whatever country context and best practices and special disadvantaged or vulnerable, and they are not means, to undertake special actions aimed at the reason, is less able to withstand socio-economic shocks attention will be provided to those identified as disadvantaged in sharing development benefits and welfare of the indigent, the elderly and other and is therefore at an elevated risk of experience vulnerable opportunities resulting from the project. vulnerable groups. declines in welfare and or other forms of social deprivation. In the context of this strategy key vulnerable groups in Rwanda include low income and/or labour- constrained individuals or households such as older people, people with disabilities, female-headed households etc. (iv)To utilize national environmental and social Institutions, There are various institutions systems, laws and The mandated institutions have limited resources for the The ESS1 will be applied during project systems, laws, regulations and procedures in the regulations for the Environmental and Social effective environmental and social implementation and implementation to address this gap. assessment, development and implementation of projects, management in the country with some exceptions, monitoring and compliance whenever appropriate. assessment is inadequate or absent. (v)To promote improved environmental and social The Law suggests to train and improve the The law does not clearly define how they should be The ESS1 will be applied during project performance, in ways which recognize and enhance capacity of the workforce while ensuring the trained. implementation to address this gap. Borrower capacity protection of workers’ rights in accordance with laws and international conventions ratified by Rwanda; Standard 2: Labour and Working Conditions (i)To promote safety and health at work. Ministerial order No2 of 17/05/2012 determining The similarity is evident. The ESS shall be given priority during project conditions for occupational and health safety aims implementation to improve health, safety, and general wellbeing of workers and workplaces by promoting occupational 24 ESF requirements National legal requirements Gaps Recommended actions health and safe practices in order to eliminate occupational accidents and diseases, hence achieve better productivity in the workplaces. (ii)To promote the fair treatment, non-discrimination and The working conditions in Rwanda are governed by The similarity is evident. The implementation of the project will apply the equal opportunity of project workers. the Law N° 66/2018 of 30/08/2018 regulating ESS2 Labour and its implementing orders. This Law applies all aspect of labour be it formal and informal sectors and provides guidelines related to relationship between an employee and his/her employer in regard to: contract, wages and others benefits, working environment, working hours and different types of allowed leaves which the employee is entitled to. This law also sets standards in terms of employment age and prohibits all form of forced labour, discrimination, and sexual harassment. (iii) To protect project workers, including vulnerable The law requires the protection of workers during The enforcement is lacking, in part due to lack of With the budgeting allocated for this project, workers. employment budgeting and staffing, as well as the high harmony will be sought for both the ESS and the unemployment in the country, which facilitates the national requirements exploitation of workers. (iv) To prevent the use of all forms of forced labour and As (ii) in this section 2 As (ii) in this section 2 The ESS shall be given priority during project child labour. implementation (v)To support the principles of freedom of association and Article 39 of Rwandan Constitution as revised in The casual nature of employment affects unionization, as The World Bank ESS2 that is stronger in terms of collective bargaining of project workers in a manner 2015 suggests that the right to freedom of employees paid per day are unable to make the monthly supporting the freedom of association will be consistent with national law. association is guaranteed and does not require check off in support of union activities. adopted prior authorization. This right is exercised under conditions determined by law. Standard 3: Resource Efficiency and Pollution Prevention and Management (i) To promote the sustainable use of resources, including The Law on the environment promotes the The similarities are evident. National regulations will be employed and any energy, water and raw materials. sustainable use of the resources where in its Article gaps with ESS3 will be filled with appropriate 4 of Principle of environmental sustainability mitigation measures. emphasizes that present and future generations enjoy equal opportunities. The right to development must be achieved in consideration of the needs of present and future generations. (ii) To avoid or minimize adverse impacts on human The Law on Environment in its Article 15 of The National requirements are reinforced by the Law The World Bank ESS3 will be employed as with health and the environment by avoiding or minimizing Protection and conservation of the atmosphere most Bank funded projects for effectiveness of pollution from project activities. suggests that any installation likely to create risks ESS 3. or cause pollution, vehicles and engine driven machines, commercial, craft or agricultural activities must be conducted in accordance with 25 ESF requirements National legal requirements Gaps Recommended actions technical principles established by competent authorities in order to protect and preserve the atmosphere. (iii) To avoid or minimize project-related emissions of short The article 26 of the Law on Environment orders to The National requirements are reinforced by the Law National regulations will be employed and any and long-lived climate pollutants. take necessary measures to protect and respect gaps with ESS3 will be filled with appropriate the obligations stipulated in international mitigation measures. agreements which it signed; to prohibit any activity carried out on its behalf or in its capacity that may degrade the environment in another country or in regions beyond its national jurisdiction; to co- operate with other states in taking decisions to fight trans-boundary pollution; to protect, conserve and manage properly the environment using appropriate measures; while in its Article 50 establishes punishments. (iv) To avoid or minimize generation of hazardous and Article 19: Management of hazardous and toxic The Law is enforced and the management to oversee National regulations will be employed and any non-hazardous waste. waste that all kind of waste are well managed falls under gaps with ESS3 will be filled with appropriate Any waste, especially from hospitals, health RURA’s responsibility while the management to restrict mitigation measures. centres and clinics, research centres equipped with their entry fraudulently is taken care of by RSB (Rwanda laboratories, industries and any other hazardous or Standards Board). toxic waste must be collected, treated and changed in a manner that does not degrade the environment in order to prevent, eliminate or reduce their adverse effects on human health, natural resources and environment. Management, disposal and trans-boundary movements of hazardous or toxic waste are governed by an order of the Minister. Standard 4: Community Health and Safety (i)To anticipate and avoid adverse impacts on the health In Rwanda there is no specific law on community Project impacts on hosting community is not well The ESS4 that is more comprehensive standard and safety of project-affected communities during the health and safety. Some provisions are included in articulated in national regulations. Only impacts on will be applied regarding the anticipation and project life cycle from both routine and non-routine environment law (2018) and Expropriation law properties is granted. avoidance of adverse impacts on the health and circumstances. (2015) safety of project-affected communities Standard 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement Compensation should be provided to all Affected persons National regulations recognize Affected people The Bank diverges with the Rwanda Law whereas the ESS5 will apply and the compensation and who: who have land titles and documentary evidence law in Rwanda refuses to recognize illegal land owners resettlement measures should be provided to all a) Have formal legal rights to land or assets; that he/she is the owner of property incorporated and does not provide any Compensation. affected person including those with no land title b) Do not have formal legal rights to land or assets, but on land. and tenants. Those who don’t have legal right on have a claim to land or assets that is recognized or the land will be compensated for assets and recognizable under national law; or A person dispossessed of land or unlawfully properties established on the land c) Have no recognizable legal right or claim to the land occupying land or having developed activities on or assets they occupy or use. land on which such activities are prohibited after the enactment of relevant laws shall receive no 26 ESF requirements National legal requirements Gaps Recommended actions compensation. The ESS5 requires the borrower to consider feasible The national law on environment and ESIA While ESS5 requires the borrower to explore alternatives ESS5 will apply alternative project designs to avoid or minimize land procedures requires the developer to explore that avoid or minimize resettlement impacts, the national acquisition or restrictions on land use, project alternatives but is silent about avoiding or regulations only require the provision of compensation. minimizing involuntary resettlement. When land acquisition or restrictions on land use (whether The national Regulations (expropriation law, art 27) Loss of income is not covered under national regulations ESS5 will apply permanent or temporary) cannot be avoided, the ESS5 defines properties subject to valuation for the and regulations are silent on livelihood measures or requires Borrower to offer affected persons compensation payment of fair compensation due to expropriation assistance to vulnerable people at replacement cost, and other assistance as may be in the public interest are land, activities carried out necessary to help them improve or at least restore their on land for its efficient management or rational use standards of living or livelihoods. and compensations for disruption caused by expropriation. ESS5 requires that the Borrower takes possession of Article 36 of the Expropriation law (2015) state that The ESS5 requires providing compensation measures Compensation and provision of resettlement acquired land and related assets only after compensation approved fair compensation shall be paid within a before land take while the national Regulations allows measures will be given prior land take and any in accordance with this ESS has been made available period not exceeding one hundred and twenty the project developer to take the land even before the construction works. and, where applicable, displaced people have been (120) days from the day of its approval. compensation as long as the compensation is made in resettled and moving allowances have been provided to 120 days. the displaced persons in addition to compensation. In Subsequent to receiving fair compensation, the addition, livelihood restoration and improvement programs expropriated person shall have a period not will commence in a timely fashion in order to ensure that exceeding one hundred and twenty (120) days to affected persons are sufficiently prepared to take relocate. advantage of alternative livelihood opportunities as the need to do so arises. ESS5 requires the Borrower to engage with affected Article 24 of expropriation law requires the District While the ESS5 requires consultation with affected ESS5 will apply and the RPF and RAP, if communities, including host communities, through the or City of Kigali administration or the relevant communities and other stakeholders, the national needed, will include requirements for stakeholder process of stakeholder engagement described in ESS10. Ministry to inform the persons to be expropriated in regulations require only communication to the affected consultation and engagement Decision-making processes related to resettlement and the public interest of the expected start date of people. livelihood restoration will include options and alternatives measurement of land and inventory of property from which affected persons may choose. incorporated thereon. ESS5 requires borrowers to ensure that a grievance Article 33 of expropriation law state that Within While ESS5 requires the establishment of Grievance Grievance redress mechanism will be mechanism for the project is in place, in accordance with seven (7) days after the approval of the valuation Redress mechanism for the proposed project, National established at project level, district level and site ESS10 as early as possible in project development to report by the expropriator, any person to be regulations provide only steps and timeframe for level address specific concerns about compensation, relocation expropriated who is not satisfied with the assessed contesting valuation report or livelihood restoration measures raised by displaced value of his/her land and property incorporated persons (or others) in a timely fashion. thereon shall indicate in writing grounds for his/her 27 ESF requirements National legal requirements Gaps Recommended actions dissatisfaction with the valuation report. Any person contesting the assessed value shall, at his/her own expense, engage the services of a valuer or a valuation firm recognized by the Institute of Real Property Valuers in Rwanda to carry out a counter-assessment of the value. Where land acquisition or restrictions on land use are Article 10 of expropriation law requires the project The measure gap in terms of planning and The socio- economic assessment of project unavoidable, the Borrower will, as part of the developer to only prepare application that shall implementation is the absence of socio-economic affected people and inventory of affected assets environmental and social assessment, conduct a census indicate: assessment of project affected people and inventory of will be part of the Resettlement Plan. to identify the persons who will be affected by the project, 1° the nature of the project; affected assets in the application report. to establish an inventory of land and assets to be affected, 2° the indication that the project aims at the public to determine who will be eligible for compensation and interest; assistance, and to discourage ineligible persons, such as 3° the master plan of land where the project will be opportunistic settlers, from claiming benefits. carried out; 4° the document indicating that the project has no detrimental effect on the environment; 5° the document confirming the availability of funds for fair compensation; 6° the explanatory note detailing that such land or place suits the project; 7° the minutes indicating that the concerned population was sensitized about the project and its importance; The social assessment will also address the claims of The social assessment is part of Environmental Regulations on land acquisition does not require social Social assessment will be part of Resettlement communities or groups who, for valid reasons, may not be Impact assessment. assessment. Plan. present in the project area during the time of the census, such as seasonal resource users. The Borrower will establish a cut-off date for eligibility. The District or City of Kigali administration or the The only gap identified is that the national regulations The cut-off date will be established and relevant Ministry must inform the persons to be does not include warnings to the persons settling in the communicated to all affected people. expropriated in the public interest of the expected project area after the cut-off date may be subject to start date of measurement of land and inventory of removal. property incorporated thereon. In the case of projects affecting livelihoods or income National Regulation are silent about economic Livelihood restoration and economic displacement are Both physical and economic displacement will be generation, the Borrower’s plan will include measures to displacement and does not provide any livelihood not considered under national regulations considered and livelihood plan prepared as allow affected persons to improve, or at least restore, their restoration program. appropriate. incomes or livelihoods. The Borrower will establish means of collaboration Section one of the expropriation law provides the No major gap identified apart from technical capacity of RPF under preparation has provided between the agency or entity responsible for project implementation arrangements for land acquisition local entities that needs to be enhanced implementation arrangement from national level implementation and any other governmental agencies, from approving, implementation and to local level and the Resettlement plan will subnational jurisdictions or entities that are responsible for implementation of decisions. Further, the land law include a section on implementation any aspects of land acquisition, resettlement planning, or of 2013 defines roles and responsibility of various arrangement provision of necessary assistance. stakeholders involved in land administration and 28 ESF requirements National legal requirements Gaps Recommended actions expropriation. Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources (i)To protect and conserve biodiversity and habitats. The article 28 on the Biodiversity conservation of No major gap National regulations will be employed and any the Law 48/2018 of 13/8/2018 on Environment gaps with ESS6 will be filled with appropriate emphasizes that the state has the responsibility to mitigation measures. establish the list of species of animals and plants that must be protected depending on their role in ecosystems, their scarcity, their aesthetic value, their threat to extinction and their economic, cultural and scientific role; and to identify areas to be protected for conservation or rehabilitation of ecosystems, forests, woodlands, species of biodiversity and protected zones, monuments, historical sites and landscapes. (ii) Where biodiversity impacts are likely, apply mitigation The National Regulations do not emphasize the Though the laws do not emphasize on the hierarchy, The ESS6 will be adopted for Rwanda Digital hierarchy and precautionary approach in project design & hierarchy. they agree on the principle of preventing any harm to Acceleration project being a bank funded project implementation biodiversity by all means. so as to achieve good compliance (iii) To promote the sustainable management of living The chapter III regarding the conservation and The implementation is highly variable as some National Regulations will be complemented by natural resources. protection of the environment of the Law on the implementers do not involve a multidisciplinary team to ESS6 will be adopted environment above emphasizes that all natural assess and adequately manage impacts. resources should be protected from all kinds of degradation and they must be used in a sustainable manner in accordance with relevant laws. (iv)To support livelihoods of local communities, including National Regulation are silent about economic Livelihood restoration and economic displacement are The ESS6 will be applied Indigenous Peoples, and inclusive economic displacement and does not provide any livelihood not considered under national regulations development, through the adoption of practices that restoration program integrate conservation needs and development priorities Standard 8: Cultural Heritage (i)To protect cultural heritage from the adverse impacts of The protection and preservation of culture heritage Chance finds procedures are not included in national ESS8 will apply project activities and support its preservation. is governed by the Law Nº 28/2016 of 22/7/2016 on regulations The Preservation of Cultural Heritage and Traditional Knowledge The Article 15 of this law on Restrictions on classified heritage requires that, apart from routine tasks of maintaining cultural heritage, no person shall destroy, move, repair or modify in any way classified cultural heritage without prior written approval of the Minister within sixty (60) days from the date of receipt of the complete file. In case the Minister fails to reply within the prescribed period, 29 ESF requirements National legal requirements Gaps Recommended actions the application is deemed accepted. No person shall affix texts, images or install advertising signs on a historical monument or in its neighbouring area. Standard 10: Stakeholder Engagement and Information Disclosure Consultants To establish a systematic approach to stakeholder The Law 48/2018 of 13/08/2018 on environment The lack of legislation to guide the consultation of people The ESS10 will be employed during project engagement that will help Borrowers identify stakeholders, requires public hearings and consultation during on matters that affect them remains a big loophole in implementation. build, and maintain a constructive relationship with them, Environmental studies. ensuring planning and budgeting of meaningful in particular project-affected parties. consultations. The Consultations required would be insufficient for the effective management of social risks on a project with significant impacts since it considers mainly environmental risks. To assess the level of stakeholder interest and support for Ministerial Order 001 of 15/04/2019 in its article 10 The similarities are evident though the ESS10 provide National regulations will be employed and any the project and to enable stakeholders’ views to be taken on public participation to express views on the more clarity. gaps with ESS10 will be filled with appropriate into account in project design and environmental and environmental impact assessment report requires mitigation measures. social performance. that the stakeholders may comment on the environmental impact assessment report and express views on the impacts of the proposed project. The authorised organ covers all costs of the public hearing process. The stakeholders’ views are considered when selecting the best alternative of the project to be implemented. (iii) To promote and provide means for effective and The Expropriation law in public interest of 2015 in During the project implementation Project affected The ESS10 will be applied to promote effective inclusive engagement with project-affected parties its article 6 requires that the initiator of an act People are engaged and the Grievance Redress inclusion of project affected parties in the throughout the project life cycle on issues that could aimed at the implementation of land use and Mechanism is established together with the committees implementation potentially affect them. development master plans shall first negotiate with at cell, sector, and district level. However, the owners of assets that are affected by the project. implementation is hampered by the poor training and In case negotiations fail, formalities related to lack of means to help the committees to carry out the expropriation in the public interest shall be followed regular meetings and visits. upon request of the expropriator and the initiator of the project, taking into account the interests of the person to be expropriated. The price or value of assets affected by the project shall be paid by the initiator of the project before any commencement of activities. 30 ESF requirements National legal requirements Gaps Recommended actions (iv) To ensure that appropriate project information on Though the studies are disclosed, the law is silent No clear information disclosure in national environmental ESS10 will apply environmental and social risks and impacts is disclosed to about the disclosure of the Safeguards document. and social regulations stakeholders in a timely, understandable, accessible and appropriate manner and format. Source: WB ESF and National Regulations 31 2.3. World Bank Group Environmental, Health and Safety Guidelines 2.4.1. Environmental, Health, and Safety General Guidelines The Environmental, Health, and Safety (EHS) Guidelines1 are technical reference documents with general and industry-specific examples of Good International Industry Practice (GIIP) that WB-funded projects should apply. These General EHS Guidelines are designed to be used together with the relevant Industry Sector EHS Guidelines, which provide guidance to users on EHS issues in specific industry sectors. The applicability of the EHS Guidelines should be tailored to the hazards and risks established for each project on the basis of the results of an environmental assessment in which site-specific variables, such as host country context, absorptive assimilative capacity of the environment, and other project factors, are taken into account. When host country regulations differ from the levels and measures presented in the EHS Guidelines, projects are expected to achieve whichever is more stringent. If less stringent levels or measures than those provided in these EHS Guidelines are appropriate, in view of specific project circumstances, a full and detailed justification for any proposed alternatives is needed as part of the site-specific environmental assessment. This justification should demonstrate that the choice for any alternate performance levels is protective of human health and the environment. 2.4.2. General Approach to the Management of EHS Issues at the Facility or Subproject Level Effective management of environmental, health, and safety (EHS) issues entails the inclusion of EHS considerations into corporate-and facility-level business processes in an organized, hierarchical approach that includes the following steps: - Identifying EHS project hazards and associated risks as early as possible in the facility development or project cycle, including the incorporation of EHS considerations into the site selection process, product design process, engineering planning process for capital requests, engineering work orders, facility modification authorizations, or layout and process change plans. - Involving EHS professionals, who have the experience, competence, and training necessary to assess and manage EHS impacts and risks and carry out specialized environmental management functions including the preparation of project or activity-specific plans and procedures that incorporate the technical recommendations that are relevant to the project. - Understanding the likelihood and magnitude of EHS risks, based on: the nature of the project activities, such as whether the project will generate significant quantities of emissions or effluents, or involve hazardous materials or processes; and the potential consequences to workers, communities, or the environment if hazards are not adequately managed, which may depend on the proximity of project activities to people or to the environmental resources on which they depend. - Prioritizing risk management strategies with the objective of achieving an overall reduction of risk to human health and the environment, focusing on the prevention of irreversible and/or significant impacts. - Favouring strategies that eliminate the cause of the hazard at its source, for example, by selecting less hazardous materials or processes that avoid the need for EHS controls. - When impact avoidance is not feasible, incorporating engineering and management controls to reduce or minimize the possibility and magnitude of undesired consequences, for example, with the application of pollution controls to reduce the levels of emitted contaminants to workers or environments. - Preparing workers and nearby communities to respond to accidents, including providing technical and financial resources to effectively and safely control such events, and restoring workplace and community environments to a safe and healthy condition and improving EHS performance through a combination of ongoing monitoring of facility performance and effective accountability. 1 http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+approach/risk+management/ehsguidelines 32 Table 3. Environmental Health and Safety Procedures for project implementation Effect Description Management Environment Waste Any solid, liquid, or contained gaseous material - Establishing waste management priorities at the outset of activities based on an understanding of potential Environmental, Health, and Safety (EHS) that is being discarded by disposal, recycling, risks and impacts and considering waste generation and its consequences burning or incineration. It can be by-product of a - Establishing a waste management hierarchy that considers prevention, reduction, reuse, recovery, recycling, removal and finally disposal of wastes. manufacturing process or an obsolete - Avoiding or minimizing the generation waste materials, as far as practicable commercial product that can no longer be used - Where waste generation cannot be avoided but has been minimized, recovering and reusing waste; for intended purpose and requires disposal. - Where waste cannot be recovered or reused, treating, destroying, and disposing of it in an environmentally sound manner Occupational Health and Safety (OHS) Approach Employers and supervisors are obliged to - Eliminating the hazard by removing the activity from the work process. Examples include substitution with less hazardous chemicals, using different implement all reasonable precautions to protect manufacturing processes, etc. the health and safety of workers. Companies - Controlling the hazard at its source through use of engineering controls. Examples include local exhaust ventilation, isolation rooms, machine should hire contractors that have the technical guarding, acoustic insulating, etc. capability to manage the occupational health and - Minimizing the hazard through design of safe work systems and administrative or institutional control measures. Examples include job rotation, safety issues of their employees, extending the training safe work procedures, lock-out and tag-out, workplace monitoring, limiting exposure or work duration, etc. application of the hazard management activities - Providing appropriate personal protective equipment (PPE) in conjunction with training, use, and maintenance of the PPE. through formal procurement agreements. - The application of prevention and control measures to occupational hazards should be based on comprehensive job safety or job hazard analyses. The results of these analyses should be prioritized as part of an action plan based on the likelihood and severity of the consequence of exposure to the identified hazards. The workplace The worker place should be conducive, and the - The space provided for each worker, and in total, should be adequate for safe execution of all activities, including transport and interim storage of and exit exit way should be well indicated and safely materials and products. reachable. - Passages to emergency exits should be unobstructed at all times. Exits should be clearly marked to be visible in total darkness. The number and capacity of emergency exits should be sufficient for safe and orderly evacuation of the greatest number of people present at any time, and there should be a minimum two exits from any work area. - The workplace should be designed to prevent the start of fires through the implementation of fire codes applicable to industrial settings. - The employer should ensure that qualified first-aid can be provided at all times. Appropriately equipped first-aid stations should be easily accessible throughout the place of work. - Training about OHS should be provided to all workers and should consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as appropriate. Any site-specific hazard or colour coding in use should be thoroughly reviewed as part of orientation training. - Vibration exposure levels should be checked based on daily exposure time and data provided by equipment manufacturers. Fire and Fires and or explosions resulting from ignition of - Storing flammables away from ignition sources and oxidizing materials. Explosions flammable materials or gases can lead to loss of - Providing bonding and grounding of, and between, containers and additional mechanical floor level ventilation if materials are being, or could be, property as well as possible injury or fatalities to dispensed in the storage area project workers. - Where the flammable material is mainly comprised of dust, providing electrical grounding, spark detection, and, if needed, quenching systems - Defining and labelling fire hazards areas to warn of special rules (e.g., prohibition in use of smoking materials, cellular phones, or other potential spark generating equipment) - Providing specific worker training in handling of flammable materials, and in fire prevention or suppression Electrical Exposed or faulty electrical devices, such as - Marking all energized electrical devices and lines with warning signs; circuit breakers, panels, cables, cords and hand - Locking out (de-charging and leaving open with a controlled locking device) and tagging-out (warning sign placed on the lock) devices during service tools, can pose a serious risk to workers. or maintenance; Overhead wires can be struck by metal devices, - Checking all electrical cords, cables, and hand power tools for frayed or exposed cords and following manufacturer recommendations for maximum such as poles or ladders, and by vehicles with permitted operating voltage of the portable hand tools; metal booms. Vehicles or grounded metal - Protecting power cords and extension cords against damage from traffic by shielding or suspending above traffic areas objects brought into proximity with overhead - Appropriate labelling of service rooms housing high voltage equipment (‘electrical hazard’) and where entry is controlled or prohibited; wires can result in arcing between the wires and - Establishing “No Approach” zones around or under high voltage power lines; the object, without actual contact. - Conducting detailed identification and marking of all buried electrical wiring prior to any excavation work. Personal PPE is considered to be a last resort that is - Active use of PPE if alternative technologies, work plans or procedures cannot eliminate, or sufficiently reduce, a hazard or exposure; 33 Effect Description Management Protective above and beyond the other facility controls and - Identification and provision of appropriate PPE that offers adequate protection to the worker, co-workers, and occasional visitors, without incurring Equipment provides the worker with an extra level of unnecessary inconvenience to the individual; personal protection. - Proper maintenance of PPE, including cleaning when dirty and replacement when damaged or worn out. Proper use of PPE should be part of the recurrent training programs for employees; - Selection of PPE should be based on the hazard and risk ranking and selected according to criteria on performance and testing established by recognized organizations Accidents and - The employer should establish procedures and systems for reporting and recording: Occupational accidents and diseases; Dangerous occurrences Diseases and incidents. These systems should enable workers to report immediately to their immediate supervisor any situation they believe presents a serious monitoring danger to life or health. - The systems and the employer should further enable and encourage workers to report to management all: Occupational injuries and near misses; Suspected cases of occupational disease; Dangerous occurrences and incidents - All reported occupational incident and diseases should be investigated with the assistance of a person knowledgeable/competent in occupational safety. The investigation should: Establish what happened; Determine the cause of what happened; Identify measures necessary to prevent a recurrence; Community Health and Safety Communicable Health hazards typically associated with large - Providing surveillance and active screening and treatment of workers; and Vector development projects are those relating to poor - Preventing illness among workers in local communities by: Undertaking health awareness and education initiatives, for example, by implementing an borne Diseases sanitation and living conditions, sexual information strategy to reinforce person-to-person counselling addressing systemic factors that can influence individual behaviour as well as transmission and vector-borne infections. promoting individual protection, and protecting others from infection, by encouraging condom use. Communicable diseases of most concern during - Vector borne diseases should be addressed by: the construction phase due to labour mobility are - Prevention of larval and adult propagation through sanitary improvements and elimination of breeding habitats close to human settlements; sexually transmitted diseases (STDs), such as - Elimination of unusable impounded water; HIV/AIDS. - Promoting use of repellents, clothing, netting, and other barriers to prevent insect bites; Use of chemoprophylaxis drugs by non-immune workers and collaborating with public health officials to help eradicate disease reservoirs; - Monitoring and treatment of circulating and migrating populations to prevent disease reservoir spread; - Collaboration and exchange of in-kind services with other control programs in the project area to maximize beneficial effects; - Educating project personnel and area residents on risks, prevention, and available treatment. Traffic and road Some of the project’s components such as - Contractors will be requested to prepare Road and traffic management Plan safety hazards as public works may disturb traffic and/or may - Road helper will be designed when these is disturbance of traffic and congestion to guide drivers a topic. cause temporary restriction to road access - Drivers and workers as well as community around construction site will be trained on traffic and Road safety 34 3. ENVIRONMENT AND SOCIAL BASELINE CONDITIONS The project will have a national coverage with all 30 Districts eligible to implement funded public works. It would be difficult at this stage of the project preparation to identify specific environmental and social impacts generated by the implementation of public works. However, the Environmental and Social Management Plans as well as the Resettlement Action Plans will be more specific about the areas and the generated impacts. 3.1. Location and Size Rwanda is a small mountainous landlocked country, located in Central Africa, at latitude 2.00 S and longitude 30.00 E, bordered to its South by Burundi, Tanzania to its East, Uganda to its North and the Democratic Republic of Congo (DRC) to its West. Rwanda has a total surface area of 26,338 km2 of which the total land area is 24,948 km2 and 1,390 km2 is surface water. 3.2. Physical Environment 3.2.1. Climate and weather conditions Rwanda enjoys a tropical temperate climate due to its high altitude. The average annual temperature ranges between 16°C and 20°C, without significant variations. Rainfall is abundant although it has some irregularities. Winds are generally around 1‐3 m/s. In the high regions of the Congo‐Nile ridge, average temperatures range between 15 and 17°C and the rainfall is abundant. The volcanic region has much lower temperatures that can go below 0°C in some places. In areas with intermediary altitude, average temperatures vary between 19 and 21°C and the average rainfall is around 1000 mm/year. Rainfall is less irregular, and sometimes causes periods of drought. In the lowlands (East and Southeast), temperatures are higher, and the extreme can go beyond 30°C in February and July‐August. The absolute temperature of 32.8°C was recorded in the Southeast by Karama ‐Plateau station on the 4th of September 1980. Thermic constraints are more considerable there than in the remaining part of the country. Rainfall is less abundant in that region (700 to 970 mm/year). Weather in Rwanda is determined by the rainfall patterns. Thus, the climate of the country is characterized by an alternation of four seasons of which two are wet and the other two are dry. However, one can notice that rainfall is generally well distributed throughout the year, despite some irregularities. Eastern and South ‐Eastern regions (Umutara, Kibungo, Bugesera, Mayaga) are more affected by prolonged droughts while the northern and western regions (Musanze, Rubavu, Nyamagabe and Gicumbi) experience abundant rainfall that usually causes erosion, flooding, and landslides. The quantity of total annual rainfall varies between 800 mm in the North-East of Rwanda (Gatsibo and Nyagatare districts) and 1600 mm in the natural forest of Nyungwe and in the high lands of the North-West (Kinigi). The decrease in rainfall is observed in the region of Bugesera (900 mm) and in the Western part of Rubavu district (1200 mm). The increase of rainfall is observed in some regions like Kayonza, Kirehe and Ngoma (Gahororo, 1200 mm); in the South-West (Mibirizi, 1450 mm) and in the natural forest of Gishwati (1350 mm). The region that is characterized by the highest rainfalls (over the average isohyets of 1200 mm) is in the western half of the country, from Kinigi to Mibirizi including the region bordering Lake Kivu. 3.2.2. Relief The Rwandan relief is hilly and mountainous with an altitude varying between 900 m and 4507 m. The components of that relief are: Congo‐Nil Ridge over laying Lake Kivu with an altitude between 2500 m and 3000 m. It is dominated in the North-West by the volcanic ranges consisting of five volcanic massifs of which the highest is Karisimbi with 4507 m. 35 The central plateau presents a relief of hills with an altitude ranging between 1500 m and 2000 m. The lowlands of the East are dominated by a depression characterized by hills with more or less round top and 1000 to 1500 m in altitude. Northern (BUBERUKA) highlands, located near the border with Uganda, include parts of the Northern and Eastern provinces. The lowlands of the South‐West in Bugarama plain with an altitude of 900 m are part of the tectonic depression of the African Rift Valley. 3.2.3. Hydrology and hydrography Rwanda has a relatively big quantity of water: rivers, lakes and marshes and occupy a surface area of 211,000 ha or about 8% of the national territory (lakes: 128,000 ha, rivers: 7,260 ha and marshes: 77,000 ha). ✓ Surface water Rwanda has a dense hydrographical network of ± 2 km/km² (length of the superficial flow network by km² of surface). The country is divided into two hydrographical basins with a separating line called Congo-Nile Ridge, moving from the North to the South and ± perpendicular to the volcanic chain, making natural obstacles exchange between the catchment’s basins of the Northern Kivu and the Southwest of Uganda and those of Rwanda. To the West of that line there is the Congolese basin (33% of the surface area of Rwanda) that drains 10% of water resources of the country. It comprises the rivers Sebeya, Koko, Rusizi, Rubyiro, as affluent of Lake Kivu (around 1000 km2 on the Rwandan side, 490 m of maximum depth), Ruhwa and many other small rivers (around 127 rivers). To the East of the Congo Nile Ridge there is the Nile basin which covers 67% of Rwanda and drains 90% of Rwandan waters by two main rivers, namely the Nyabarongo and Akagera. The latter is the main affluent of Lake Victoria with an average outflow of 256 m3/s at Rusumo station and thus is considered the source of the Nile. The basin of the Nile in Rwanda comprises a lot of small lakes (Burera, Ruhondo, Cyohoha South, Mugesera, Muhazi, Rwampanga, Mihindi, Mirayi and many others). Those lakes are not very deep (5 to 7 m) except for Lake Burera and Ruhondo which are 65 to 173 m deep. ✓ Groundwater The outflow of the ground renewable water resource is estimated at 66 m³/s. Out of this, the 22,000 known sources contribute an output of 9 m³/s. In general, little information is available on ground water resources. ✓ Lakes Rwanda has some 28 lakes of significant size. Six among the largest are entirely within the national territory: Ruhondo, Muhazi, Mugesera, Ihema, Rwanyakizinga and Burera. Three others Rweru, Cyohoha and Kivu—are shared with neighbouring countries. The largest and most spectacular is Lake Kivu, so large as to seem almost like a sea to the landlocked inhabitants. Lake Kivu lies at 1,460m above sea level and is 90 km long (north-south) and 49 km wide (east-west). From an average depth of 240 m, it plunges to a maximum depth of 490 m. Lake Kivu has a rough, jagged coast and contains numerous islands, including Nkombo and Iwawa. Lake Kivu lies on the border with DR Congo in Western Rwanda at the foot of the Virunga Volcanoes. Kivu’s shores are densely populated and the principal town on the Rwandan side is Rubavu. Although it is supplied with fish, the lake is poor in fauna but rich in volcanic substance. 36 Great volumes of dissolved methane gases (~60 km3 STP) that may be developed as energy sources exist in its deep waters. Lake Kivu drains to the south into Lake Tanganyika by the swiftly descending Ruzizi River. Some lakes like Cyambwe, Rwampanga and Rweru—are particularly rich in hippopotamuses and crocodiles. One can also find many other lakes such as Nasho, lakes of Gisaka and Bugesera that contains phytoplankton that is very rich in biodiversity and flora that is mainly dominated by papyrus with Cyperus papyrus mixed with Miscandium violaceum and Nymphea nouchallii. All these lakes are associated with gallery forests onshore or on small islands. Concerning the Northern lakes (Bulera and Ruhondo), the aquatic flora and fauna are poor due to the physical‐chemical situation unfavourable to their development and the isolation of the two lakes. The concentration of the plankton is less important in Lake Bulera than in Ruhondo. They have 48 species grouped in 4 families (chlorophyceous, Cyanophyceous, pyraphytes and bacillariophyceous). Lake Muhazi is land locked, isolated, and its ichthyologic fauna is very limited. One can find three endemic species and other nine introduced from outside. The lake is very rich in phytoplankton. The macroflora of the marshes is mostly composed of wide spaces of papyrus with some zones of Miscanthidium. The low layer is covered with Cyclosorus stratus. The fauna of big rivers and associated marshes comprises ungulates, carnivores, primates, rodents , lagomorphous, insectivorous and birds. ✓ Quality of water In Rwanda, surface water often carries sediments and in mining and volcanic regions, the water can contain arsenic, lead, mercury, fluoride, iodide and other toxic metalloids and heavy metals. The physio-chemical pollution of water is not frequent due to the small level of industrialization and use of agricultural chemical inputs. The microbiological pollution is often observed, and it comes from various domestic wastes and debris carried by rain water towards the natural environment. The pollution of water courses and lakes by the water hyacinth and other harmful (invasive) aquatic plants is a phenomenon that is very recent and alarming in Rwanda. 3.2.4. Wetlands Wetlands cover a total area of 164,000 ha or about 6% of Rwanda. The wetlands include a variety of ecosystems, ranging from large, permanently flooded swampy peat-lands to smaller, seasonally flooded wetlands with a more mineral soil. The main swamps are Akanyaru (30,000 ha) on the border with Burundi, Mugesera-Rweru in the southeast, Kagera along the Tanzania border in the east, Nyabarongo (10,000 ha) and the Rugezi wetlands (5,000 ha) in the north. The wetlands serve as troughs for sediment particles and play an important role in the national water balances by acting as a buffer, thus reducing the maximal flow rates during the rainy season and maintaining a relatively high flow rate during the dry season. Currently, an estimated 94,000 ha have been brought under agriculture, the large majority of this being spontaneous agriculture with maize, sweet potatoes and beans. In addition, the wetlands are used for a variety of traditional activities including the collection of leaves to make handicrafts, extensive grazing and making of bricks. Wetlands also provide a spawning habitat for fish, and are of great significance for biodiversity conservation. The wetlands are composed of marshes, lakes, rivers and brooks representing around 14.9% of the national territory of which 6.3% consist of marshes and 8.6% of lakes, water courses and pools of permanent or seasonal fresh water. In the highlands of the North-West, there are lakes Burera and Ruhondo as well as the marshes of Rugezi. 37 In the center and east of the country, wide marshes are those of Nyabarongo, Akanyaru and Akagera rivers. Many cuvette lakes connect with rivers and most of them are located in the Akagera National Park. From the southeast to the northwest, there are lakes like Cyohoha in the south, Mugesera, Rweru, Sake, Cyambwe, Ihema, Milindi, Rwanyakizinga, Kivumba, etc. Given the importance that the Government of Rwanda attaches to wetlands, in 2003 Rwanda ratified the Ramsar Convention on wetlands and has already registered on the Ramsar list the site of Rugezi and identified other potential sites that will be registered in the future, like the complex of Mugesera-Rweru, Kamiranzovu marshes and the wet zones of the Akagera National Park. In addition, an action plan for the implementation of the Ramsar Convention was developed in June 2004. The wetlands ensure several functions and provide numerous services to people. For instance, they ensure control of floods and the recharge of underground waters. They play the role of alleviating the erosive force of water and thus facilitate the deposit of sediments in suspension that could block water courses downstream. The ecosystems of the Rwandan wetlands inhabit a rich biological diversity in terms of vegetation and animal species (more than 104 plant species have been identified), except for Lake Kivu, Bulera and Ruhondo that have some limnologic problems. The Lake Kivu contains very poor aquatic flora and the density of the phytoplankton is relatively low due to the lack of mixture of layers with a biozone limited at 60 m to 70 m (the nutrients are found at the bottom of the lake). The ichthyologic fauna is also poor with 31 fish species due the volcanic origin of the lake. Most lakes of the Akagera National Park are very rich in biodiversity with phytoplankton, fish species and ornithological fauna. The flora is dominated by the Cyperus, Phragmithes, Phinix, etc. The Water Hyacinth (Eichornia crassipes) is present and has started spreading covering more important surfaces of the lakes, thus posing a threat to their biological diversity. 3.3. Geology and soils 3.3.1. Soils and land use According to the Geological Map of Rwanda, the regional geology consists of pelitic rocks and Quartz Phyllites (Cyurugeyu Superformation), Granites to Granite-Gneisses, Quarzites and Mica-Schists, Amphibolites and Mylonites (Huye Complex) as well as Quartz-Phyllites and Meta-Volcanics (Nyungwe Formation). The greater part of the geological structure is occupied by such lithological varieties of Rocks. Rwanda shows well developed drainage pattern that belongs to dendritic and trellis types. Metamorphic rocks form the major part of the rock mass and some magmatic rocks are also present. Major rock types observed in the area are granitic gneiss, quartzite, schists and amphibolites. The dominant soils are the result of alteration of the granite and the gneiss. Disruption of drainage due to tectonic movements of the Pleistocene caused the formation of alluvial valleys. They consist of alluvium and colluvium in the basin as result of the erosion. They have generally colluvial and alluvial in the valleys around the rivers. The soils of the top of the mountains are products of granite and gneiss and have resisted erosion. Soils derived from schistose, sandstone and quartzite formations found in the Congo-Nile Ridge and Soils derived from old volcanic materials found in the plateau of the south west of the country. Over the SPTP subproject area, most of the valley slopes extending from river banks to the top of the ridges are cleared for cultivation of various crops of a seasonal nature. As a result, soil cover is well exposed for potential erosion. A few patches of new forest plantations of eucalyptus and pines can also be seen on the valley slopes. 38 3.3.1.1. Highland soils The highland soils are particularly prone to erosion and landslides especially regions of the Congo‐Nile ridge, valleys and lowlands (peat lands) as well as highland meadows. Soils of foothills of the Congo ‐Nile Ridge and of other transition regions between the central plateau and highlands are fertile but, due to deforestation and inappropriate agricultural practices, they are vulnerable to erosion. 3.3.1.2. Soils of the central plateau The central plateau covers the regions of South and South-East. The soil types are hill Ferro soils and valley histosols. The slopes of hills are exposed to erosion notably in the case of clay‐sandy or gravely soils. 3.3.1.3. Soils of the lowlands They cover the Eastern and South‐eastern regions and are Ferro soils with savannah vegetation. Similar to the region of Bugesera, the river‐lake complex along Nyabarongo and Akanyaru rivers underwent serious leaching. In addition, the geological structure of soils in those regions allows rain waters to infiltrate deeply into soils, and that can partly explain the lack of runoff waters and shallow brooks. 3.3.1.4. Soils of valleys These are soils of histosol and peat soil types that constitute potential agricultural and energy wealth (case of intermountain basins of Kamiranzovu and Rugezi). In the wide water surfaces of eastern regions like Umutara and Bugesera, as well as the Rusizi region (Bugarama), the valleys are of vertisol and alluvial types are fertile. The slope slight as they may be, are threatened by erosion due to the weak permeability of soils. The exploitation of peat for fuel production purposes would require a preliminary development plan for swampy areas. In fact, any extraction of peat is associated with drainage and exudation, two factors likely to impact negatively on the crucial role of wet ecosystems and swamps in regulating the hydrology. Moreover, the exploitation of mines and quarries spoils the landscape and more often constitutes a source of soil erosion, water pollution and pose a danger to human health. A good number of queries are not rehabilitated and always left open. 3.3.1.5. Land use The exploitation of land employs around 70% of the active population. Land resources are thus limited and coveted resulting in overexploitation and inappropriate use of lands with disastrous consequences on land resources and on environment in general. In mountainous area, steep slope lands are deforested and used for staple crops under high rainfall precipitation, with often accelerated land degradation through water erosion, poorer soil fertility, increased floods and landslides, and overall, food insecurity and poverty. Appropriate land uses combined with soil and water conservation measures then become a must; in some sites, active erosion mainly caused landslide hazards which increase sediments in rivers. Other than that, erosion has also formed gully bodies through the slopes of mountainous areas. Land use activities including infrastructure development may increase the potential of occurrence of landslides and erosion in various ways, which include destabilization of rock masses by cuts in slopes, improper stockpiling of materials, destruction of vegetative cover during site clearing and uncontrolled surface run-off during storms may increase the erosion rate. Riverbanks are composed of alluvial and pluvial loose-fragmental soils. Thus, the activities may increase erosion and landslides rates at various points along the banks of rivers and in some lateral ravines. 39 Intensive cultivation occurs along the steep slopes predominant in the area without proper soil conservation techniques hence accelerating soil erosion. However, it is worth mentioning that terracing as a measure for soil erosion control is practiced in some parts of the project area. Extensive deforestation to meet energy demands has further reduced the soils ‘ability to withstand the scouring effects of rain in the upland watersheds has had serious downstream implications. When viewed against that background, therefore, it is easy to appreciate that the project would have negligible incremental impact on the rates and overall patterns of erosion. Nevertheless, erosion is of relevance to slope stability, which is in turn relevant to the design of the project and the conduct of operations such as excavation and borrowing. The specific measures will be taken to address these considerations. 3.3.2. Biological Environment Rwanda is covered with diverse ecosystems that include mountains, ombrophile forests, gallery forests, savannahs, wet and aquatic zones, wood and agro ecosystems. All these ecosystems have a rich flora and fauna. ✓ Protected areas The fauna and the flora can be better preserved and protected thanks to the establishment of a system made of protected areas like national parks and forest reserves to which the best management is applied. However, through time and due to human activities, these conservation areas have been reduced considerably. ✓ Forests The forest map of 20192 has five main forest categories: Natural Forest (mainly mountain rainforests), Forest plantations (all exotic and indigenous species together), Bamboo stand, Shrubs, and Wooded savannah. For each forest category, the forest density was characterised: high density (70% above), medium density (40%- 70%), low density (10%-40%), and very low density (<10%). Forests of Rwanda occupy now about 724,695 hectares of the total land area (30.4%) of which 387,425 hectares (53.5%) are plantations, 130,850 hectares (18.1%) are natural mountain rainforests, 161,843 hectares are wooded savannah (22.3%) and 43,963 hectares are Shrubs (6.1%). Bamboo stands occupy only 613 hectares. In terms of the forest density and tree cover, about 318,434 hectares are very dense forests (44%), 234,004 are moderately dense (32%), 146,222 hectares are sparse (20%) and only 26,035 hectares are much degraded (4%). Southern and Western Provinces contain 50% of the total forest area of which 174,199 hectares are in Western Province and 177,537 hectares are in Southern Province. Eastern province has 38% of the total forestland (274,630 hectares). Northern Province contains only 85,688 hectares and Kigali city has only with 12,641 hectares. Rwanda’s remaining natural forests—the Nyungwe Forest, the Gishwati Forest and the Mukura Forest—are highland forests around the volcanoes, and have a high degree of biological diversity and rare animal species, such as mountain gorillas, Ruwenzori colobus monkeys and golden chimpanzees. It is estimated that there are 2,150 plant species to be found in Rwanda, with around 700 species of these that have medicinal value. Towards the east of the country lies the Akagera National Park, the Mutara game reserve forests galleries and wooded savannahs. Population pressures have already drastically reduced the land area of the natural forests of Rwanda from about 30% to presently fewer than 10% in less than a century. 2 Rwanda Forest Cover Mapping November 2019, Ministry of Environment 40 The deforestation of Rwanda’s remaining forests is also the result of high fuel wood consumption. Heavily populated and cultivated areas adjacent to the natural forest, as well as the recent wars, have resulted in massive deforestation and loss of genetic diversity within Rwanda’s natural forest. The 2019 forest cover mapping indicates that out of 387,425 hectares of forest plantations, about 278,656 hectares (72%) are made of large blocks of greater than 2 hectares, only 11,798 hectares (4%) are small woodlots of less than 0.25 hectares. Such forests need to be under forest management plans to ensure the sustainability of forest resources use 3.3.3. National Parks/Forest Reserves Rwanda has four national parks. They are all protected wildlife reserves and ecosystems and include the Akagera National Park, Nyungwe National Park, Gishwati-Mukura National Park and the Volcanoes National Park. Gishwati-Mukura was created in 2015 and is hence the youngest national park. The Rwanda Development Board (RDB) is responsible for the overall management of all the national parks, related infrastructure and promoting tourism. The RDB is assisted by other government agencies and ministries. In some cases, like that of the Akagera national park, Nyungwe National Park and Gishwati-Mukura National Park, the government entered into long term agreements with private partners to help run some park activities These areas are exclusively reserved for the protection of flora and fauna, eco-tourism, biodiversity conservation, and for geological formations of scientific and aesthetic value. The geographical distribution of those parks on the national territory is a guarantee of the conservation of biological diversity representative of the fauna and flora of the country. ✓ Volcanoes National Park Spanning 160 km2 in the Northern part of Rwanda, Volcanoes national park is the oldest national park in Africa, created in 1925. It was initially a small area around Karisimbi, Mikeno and Visoke volcanoes which was gazetted to protect the Mountain gorillas which were facing the threat of extinction as a result of poaching. In 1929, the park was extended into Rwanda and the then Belgian Congo and was named Albert National Park managed and run by the Belgian Colonial Authorities. During the early 1960s, the park was divided as Rwanda and Congo gained their independence and by the end of that decade, the park was almost half of its original size (340 km2 to 160 km.2 Volcanoes National Park is home to Mountain Gorillas (Gorilla beringei beringei); golden monkeys (Cercopithecus mitis kandti), spotted hyena (Crocuta crocuta), buffaloes (Syncerus caffer), elephants, black- fronted duiker (Cephalophus niger), and bushbuck (Tragelaphus scriptus). The park also contains 178 bird species including at least 29 endemics to Rwenzori Mountains and the Virunga. The Volcano National Park (VNP) also hosts 245 species of plants of which 17 are predominant, including 13 internationally protected orchids, 115 species of mammals, 27 species of reptiles and amphibians and 33 species of arthropods. Some of these species are endemic while others are internationally protected. ✓ Nyungwe National Park Nyungwe National Park, located in the South West corner of Rwanda, Nyungwe National Park is an untouched natural rainforest that is filled with exciting biodiversity. Nyungwe National Park was established in 2004 and covers an area of approximately 1000 km² of rainforest, bamboo, grassland, swamps, and bogs. The nearest town is Rusizi, 54 km to the west. 41 Mount Bigugu is located within the park. Nyungwe is surely one of the world’s most beautiful and pristine mountain rainforests. It’s believed to be one of Africa’s oldest forests, staying green even through the Ice Age, which explains its diversity. The Nyungwe forest has a wide diversity of animal species, making it a priority for conservation in Africa. The forest is situated in a region in which several large-scale biogeographical zones meet and the variety of terrestrial biomes provides a great span of microhabitats for many different species of plants and animals. The park contains 13 different primate species (25% of Africa's total) with habituated chimpanzees and 12 other primates species (including a 400-strong troop of habituated Ruwenzori Black and White Colobus), 85 mammal species, 275 species of birds of which 26 are endemic in the Albertine Rift and 3 are on the red list of the IUCN (Bradypterus graueri, Crypto spiza shelleyi and Apdis argentea), 32 amphibian and 38 reptile species and 1,068 plant species of which 140 species of orchids, 260 species of ligneous and herbaceous plants, 24 species of trees. Many of these animals are restricted-range species that are only found in the Albertine Rift montane forests ecoregion in Africa. In fact, the number of endemic species found here is greater than in any other forest in the Albertine Rift Mountains that has been surveyed. The forest, which reaches its maximum altitude of 3000 metres above sea level, is of particular interest for the presence of colonies of chimpanzees ( Pantroglodytes - Blumenbach, 1775) and Angola colobus (Colobus angolensis - Sclater 1860). ✓ Akagera National Park The savannah in the North Eastern Rwanda is used as the Akagera National Park; it covers 900 km² between 1300-1825 m. This park was created in 1934 to protect animals in three ecoregions: savannah, mountain and swamp. Conserving biodiversity in this ecosystem has been challenging due to increasing pressures, potential loss of habitat and species or lack of up-to-date data, etc. This park has a set of compounds that define its high importance, the Akagera major components are: Forest fringed lakes, papyrus swamps, savannah plains and rolling highlands. Akagera has exceptional levels of biodiversity, partly due to its position at the confluence of different vegetation zones. The extensive systems of freshwater lakes and associated papyrus swamps form the largest protected wetland in central Africa. Its biodiversity has a double origin; both native and introduced species make the Akagera fauna and flora diversity. The wildlife in the Akagera National Park comprises 90 species of mammals of which 47 species of big mammals, 530 bird species, 35 fish species, 9 species of amphibians and 23 species of reptiles. Four animal species are protected by the CITES (Convention on International Trade of Endangered Species) namely Loxodonta Africana, Sincerus caffer, Panthera leo and Tragelaphus oryx. The flora of the Akagera National Park is diverse and 6 species of orchids are recorded. The ANP is dominated by the grass savannah and different species of acacia trees, the most common in the forest savannah. Introduced 'Masai' giraffe, black rhino, elephant, buffalo, zebra and duikers are major herbivores of the Akagera National Park. Whereas for the large predators only leopard ( Panthera pardus) and hyena (Crocuta crocuta) can still be found in the park. In 2017, 18 Eastern black rhinoceros were reintroduced to Akagera bringing the species back to the park, and the country of Rwanda after a 10-year absence. The population was further supplemented by an additional five individuals translocated from European zoos in 2019. Lions were reintroduced in 2015 after they were hunted out in the 1990s, and the population doubled in the first year with the birth of eleven cubs. Two additional males were relocated from South Africa to Akagera in 2017 to increase the population’s genetic diversity. Smaller predators are still well represented with healthy populations of several mongoose species, viverrid species, serval (Leptailurus serval) and side-striped jackal (Canis adustus). 42 ✓ Gishwati-Mukura National Park Gishwati-Mukura National Park (GMNP) consists of 35.58 km² in Rutsiro and Ngororero Districts of Western Province.3 Its hilly landscape gives a wonderful lateral and top view. GMNP is one of the few remaining natural forests and biodiversity hotspots in the Congo-Nile Divide within the Albertine Rift Region. Its biodiversity includes eastern chimpanzees, mountain and golden monkeys, serval, genet, civet, small mammals, amphibians, reptiles, more than 120 species of birds and more than 250 plants species. The two forests have had a long period of degradation due to human encroachment, more significantly Gishwati forest. For instance, from its original size of 700 km² in 1930s the core forest of Gishwati was reduced only to 6 km² in 2002. Thanks to collaborative conservation efforts, Gishwati forest now consists of about 15.70 km.² Furthermore, in February 2016, the Government decided to uphold the conservation effort of Mukura and Gishwati forests and upgraded them from Forest Reserves to a National Park. Gishwati-Mukura National Park is home to important biodiversity including world-wide recognized species namely eastern chimpanzees (Pan troglodytes schweinfurthii); golden monkeys (Cercopithecus mitis kandtii); mountain monkeys (Cercopithecus l’hoesti); and more than 130 species of birds including 14 that are endemic to the Albertine Rift and two endangered species Martial Eagle (Polemaetus bellicosus) and Grey Crowned Crane (Balearica regulorum). Many of the plant species have been destroyed but some characteristics of mountain forest species including more than 60 indigenous tree species survived in fragmented patches of the remaining forest such as Carapa grandiflora, Entandrophagrama excelsum, Symphonia globulifera. Further, Gishwati-Mukura forest reserve is known for a wide range of fauna, including four species of primates: the eastern chimpanzee, the golden monkey, the blue monkey, and the l’hoest’s monkey (also known as mountain monkey); more than a dozen species of East African chimpanzees; mammals such as red river hog, the black-fronted duiker, and the southern tree hyrax, among others. Conservationists have also reported seeing the black and white colobus, another species of primates. 3.4. Biodiversity in agricultural systems Demographic pressure and intensive agricultural practices in combination with diversified agro-pastoral practices; deforestation, bush fires and urbanization have disrupted the ecosystem functions. These changes caused secondary formation consisting essentially of graminaceous plants, numerous seasonal or perennial species alternating with crops. Agricultural arable land presently covers around 52% of the total surface area of the country and is permanently cultivated (RNRA 2012). The time between two growing seasons is the only period of respite. These areas have various crops that play an essential role in the national economy. These crops are usually grouped in two categories: subsistence and cash crops. Some of the food crops include; sorghum, beans (Phaseolus vuaris), eleusine (Eleusine corocana), Colocases (Colocasia antignorum), maize (Zea mays), rice (Oryza sativa), wheat (Triticum sp), barley (Hordeum vuare), peas (Pisumsativum), soja bean (Soja hispada), peanut (Arachis hypogea), sweet potato (Ipomea durcis), potato, cassava (manihot esculanta) and banana (Musa). The importance of each crop varies according to regions. Some crops, like bananas, potatoes, different varieties of wheat, sorghums and beans are subject to high commercial trade. Potatoes, beans, cassava and bananas are present everywhere for the daily diet of the people. There are very few cash crops. They are limited to coffee, tea and pyrethrum. 3 www.cepf.net/sites/default/files/guidebook-gishwati-mukura-national-park.pdf 43 3.4.1. Pastoral zones In Rwanda, the essential part of animal husbandry is limited to the family and a small number of animals per household. As agriculture occupies the biggest portion of land, the cows graze in paddock, some parts of marginal lands and limited pasturelands mainly Gishwati national reserve and Umutara. This obliges farmers to adopt the semi‐permanent farming and grow fodder crops such as Tripsacum laxum, Setaria spp, Desmodeum spp, Pennisetum purpureum, Mucuna pruriensis, Cajanus cajan, Calliandra calothyrsis, Leucaena diverifolia, Sesbania sesban, etc. However, we can notice the development of ranching in Umutara and Gishwati. Other pastoral land is very limited and distributed all over the country. These areas are prone to bush fires, trampling and sometimes overgrazing. The latter is the main cause of reduction of the biological diversity as it exterminates the most precious species along with pyrophyle species with small bromatologic value such as Eragrostis spp, Sporobalus spp and Digitaria spp. 3.4.2. Woodlands Tree planting in Rwanda was limited to some plants around households such as Ficus thoningii, Euphorbia tirucalli, Erythrina abyssinica, Vernonia amygdalena, Dracaena afromontana, etc., but the cultivation of woody perennials for timber, energy generation or other services was not part of the customs. That resulted in a massive exploitation that quickly proved its limits. The first forest plantations were created in 1920 and 1948 and only consisted of Eucalyptus. Later on, other species were introduced. These were namely Pinus spp, Callistris spp, Grevillea robusta, Cedrella spp, Cupressus. The Arboretum of Ruhande (RAB Station) has 206 species among which 146 feuillus, 56 resinous and a species of bamboo. Those species proved to be dangerous for the biological patrimony because they used to drain and acidify places that are already acid, what caused the reduction or even the extermination of the undergrowth. Thus, planting those species would lead to erosion. The covered surface area was estimated at 256,300 hectares in 1998. Despite efforts at diversifying tree species, we estimate that 99% of trees consisted of Eucalyptus spp. 3.5. Socio-economic Environment 3.5.1. Population and Demographic Characteristics Rwanda is classified among the densely populated countries of the world. The Fourth Rwanda Population and Housing Census of 2012 places Rwanda's population at 10,515,973 residents, of which 52% are women and 48% men. The population density in 2012 was 415 inhabitants per square kilometer. Compared to neighbouring countries, Burundi (333), Uganda (173) or Kenya (73), Rwanda is the most densely populated country in the region. In general, urban districts have the highest population densities, particularly the districts of Nyarugenge with 2,124 inhabitants/ km2, Kicukiro with 1,911 inhabitants/km2, Gasabo with 1,234 inhabitants/km2 and Rubavu with 1,039 inhabitants/km2. Low densities are recorded in rural districts; those with the lowest density are Bugesera (280 inhabitants/km2), Gatsibo (274 inhabitants/km2), Nyagatare (242 inhabitants/km2) and Kayonza (178 inhabitants/ km2). The population of Rwanda is still largely rural, with 83% living in rural areas. The majority of the population of Rwanda lives in private households with an average size of 4.3 persons. Households are a bit smaller in urban areas with 4.0 persons. The Rwandan population is young, with half being under 19 years old. People aged 65 and above account for only 3% of the population. This has consequences in that the demographic dependency ratio, measuring the number of potential dependent persons per 100 persons of productive age, is 93 at national level (NISR, 2012). The Table below indicates the population in the Project areas. 44 Table 4. Population in the Project areas Provinces and Sex Population share (% of Population density Districts the total population) (inhabitants per km2) Both sexes Male Female Rwanda 10,515,973 5,064,868 5,451,105 100 415 Kigali City 1,132,686 586,123 546,563 10.8 1,552 Nyarugenge 284,561 148,132 136,429 2.7 2,124 Gasabo 529,561 274,546 255,015 5 1,234 Kicukiro 318,564 163,445 155,119 3 1,911 South 2,589,975 1,233,754 1,356,221 24.6 434 Nyanza 323,719 157,650 166,069 3.1 482 Gisagara 322,506 150,455 172,051 3.1 475 Nyaruguru 294,334 139,279 155,055 2.8 291 Huye 328,398 158,104 170,294 3.1 565 Nyamagabe 341,491 161,219 180,272 3.2 313 Ruhango 319,885 152,075 167,810 3 510 Muhanga 319,141 152,783 166,358 3 493 Kamonyi 340,501 162,189 178,312 3.2 519 West 2,471,239 1,168,445 1,302,794 23.5 420 Karongi 331,808 156,073 175,735 3.2 334 Rutsiro 324,654 154,044 170,610 3.1 281 Rubavu 403,662 194,989 208,673 3.8 1,039 Nyabihu 294,740 137,799 156,941 2.8 555 Ngororero 333,713 154,591 179,122 3.2 491 Rusizi 400,858 192,528 208,330 3.8 418 Nyamasheke 381,804 178,421 203,383 3.6 325 North 1,726,370 818,456 907,914 16.4 527 Rulindo 287,681 135,625 152,056 2.7 507 Gakenke 338,234 159,366 178,868 3.2 480 Musanze 368,267 174,399 193,868 3.5 694 Burera 336,582 160,395 176,187 3.2 522 Gicumbi 395,606 188,671 206,935 3.8 477 East 2,595,703 1,258,090 1,337,613 24.7 274 Rwamagana 313,461 153,607 159,854 3 460 Nyagatare 465,855 228,325 237,530 4.4 242 Gatsibo 433,020 207,669 225,351 4.1 274 Kayonza 344,157 166,720 177,437 3.3 178 Kirehe 340,368 163,790 176,578 3.2 287 Ngoma 336,928 161,769 175,159 3.2 388 Bugesera 361,914 176,210 185,704 3.4 280 Source: NISR, 2012 ✓ Gender distribution of the population per Administrative District In a bid to promote a sustainable and equitable development as a subsequent impact of any development projects, gender needs to be mainstreamed into the day-to-day development initiatives. This is important for the design and implementation of projects that are responsive to the practical needs of women, households, and to those of communities in general. 45 Table 5. Gender thematic distribution in project administrative Districts Administrative Number of females Sex of the Household- Sex of the Sex of the Household- District per 100 males heads: Male-Headed Household-heads: heads: De facto Female-Headed Female-Headed Nyanza 108 67 28.1 4.9 Gisagara 114 60.1 33.5 6.4 Nyaruguru 116 68.3 25.3 6.4 Huye 110 59.7 31.6 8.8 Nyamagabe 104 69.5 25.3 5.2 Ruhango 108 63.9 28.2 8 Muhanga 110 65.9 26.9 7.2 Kamonyi 105 68.7 24.6 6.6 Karongi 104 68.4 23.7 7.9 Rutsiro 109 75.5 20.7 3.8 Rubavu 108 70.1 23.1 6.8 Nyabihu 109 66.5 26.7 6.8 Ngororero 120 60.7 27.5 11.9 Rusizi 102 72.1 22.7 5.1 Nyamasheke 115 67 28.7 4.3 Rulindo 105 68.1 27.6 4.3 Gakenke 107 67.7 23.9 8.3 Musanze 120 70 20.5 9.4 Burera 114 61.8 26.3 11.9 Gicumbi 111 73.9 22.5 3.6 Rwamagana 103 66.4 27.4 6.2 Nyagatare 110 71.1 24.1 4.9 Gatsibo 106 71.6 25.1 3.3 Kayonza 110 62.6 26.2 11.2 Kirehe 110 68.5 25.3 6.2 Ngoma 116 66.2 27.8 6 Bugesera 112 70.6 23.7 5.7 Source: EICV5, 2017 The table above shows that in all administrative districts, the female population is greater than the male population which shows that females will have to play a big role in project implementation and therefore contribute to the development and increment of household income which also increases the role of women in the society. As one of the gender mainstreaming strategies, the project has prepared a Gender Action Plan (GAP) which should be implemented to make sure that women are not left behind by the project but ensures their full involvement in project activities. Gender-Based Violence Gender-based violence (GBV) is a universal reality in all societies. Though there are very limited data on GBV, it has not become a big problem in Rwanda. The child labour or abuse situation in Rwanda is also not alarming. The Country has achieved impressive results in the fight against GBV, child labour or abuse, and women and child trafficking. The National Policy against Gender-Based Violence and its strategic plan, Law No 59/2008 of 10/09/2008 on prevention and punishment of gender-based violence, Law No 22/1999 of 12th November 1999 to supplement Book one of the Civil Code and to institute Part Five regarding Matrimonial Regimes, Liberalities and Successions, Law No 13/2009 of 27th May 2009 regulating Labor in Rwanda, Law No 32/2016 of 28/08/2016 governing persons and family among others were put in place, along with awareness campaigns on GBV, human trafficking and child labour prevention. 46 All those legal provisions prevent and punish GBV crimes in all of its forms, sexual harassment in the workplace, provide for equal inheritance rights between women and men, girls and boys and provide for equal opportunities and equal pay for women and men. Communicable diseases Communicable diseases include Malaria, HIV/AIDS, Tuberculosis, epidemics and other transmittable diseases. Social services were put in place across the country for their prevention. The malaria treatment drugs were introduced in all health facilities, community health workers in all Districts and in some interested private pharmacies. The HIV/AIDS prevalence at the national level is 3%. All health centers within the project site offer HIV/AIDS services. ✓ Health care system The Ministry of Health, and its affiliated agency, the Rwanda Biomedical Center (RBC), provide policy leadership in the health sector. Health care services are, in turn, delivered through twelve national referral hospitals and thirty-six District Hospitals. Since 2011, the government has established District Hospitals at the core of health service delivery through the District Health System (DHS) that comprises the district hospital and a network of health centers either public, government assisted, not for profit or private. Of direct relevance to the Social Protection IPF are ante- and post-natal health services provided by community health centers as well as the network of Community Health Workers (CHWs) that conduct community-level child growth monitoring, engage in community-level public health awareness-raising and facilitate referrals to formal health facilities. ✓ Education It has been observed almost everywhere that education can help lift someone out of poverty when well educated. It is also the case that children from poor households tend to get less education than their more-affluent peers. Both effects appear to hold true in Rwanda (EICV5). While 13% of household heads have a secondary education or higher, the figure is 18% for the non-poor and just 2% for the poor; and while 57% of the non-poor have no school diploma or certificate, the figure is 79% for the heads of poor households. Between 2014 and 2017 the proportion of those with a high school certificate, or bachelor’s degree or higher, rose from 6% to 8%, while the fraction of those without a certificate fell by just over two percentage points. Table 6. Education of the population in the project area by gender and age Administrative population Percentage Net Net Net Net Literacy Literacy Computer Computer Population District aged 6 and of the Attendance Attendanc Attendance Attendan rate of rate of literacy rate literacy aged between above who population Rate (NAR) e Rate Rates ce Rates the the of the rate of the 16 and 30 have ever aged at primary (NAR) at (NARs) in (NARs) populati populati population population who attended attended between 6 school Male primary secondary in on aged on aged aged between aged 15 tertiary school and 30 who school school Male seconda between 15 above 15 and 24 and above education have Female ry 15 and attended school 24 school Female Nyanza 86.8 64.2 88.6 88.4 20.5 25.1 91.6 72.1 8.8 5.7 2.1 Gisagara 83.5 51.8 79.5 86.8 7.5 16.3 79.7 64.5 6.7 5.0 1.8 Nyaruguru 82.3 63.5 86.0 86.9 15.4 23.2 82.0 63.5 6.6 5.8 3.1 Huye 86.9 56.7 83.7 84.6 17.0 23.5 85.1 68.0 4.9 5.3 2.4 Nyamagabe 85.3 62.6 90.8 91.3 17.1 19.6 86.1 70.4 4.3 3.9 1.0 Ruhango 89.7 65.8 89.2 94.7 20.8 21.1 81.3 70.5 15.4 7.5 3.5 Muhanga 88.4 58.6 89.8 95.4 19.6 24.8 79.5 72.5 11.1 9.4 4.1 Kamonyi 90.5 61.6 88.1 90.5 20.6 25.0 92.3 76.7 5.6 5.2 2.1 Karongi 86.3 64.9 90.5 92.2 18.8 23.4 90.0 71.5 9.2 6.8 2.6 Rutsiro 81.4 58.7 85.5 86.9 22.0 21.5 88.2 64.0 3.6 2.7 0.7 Rubavu 84.1 57.8 88.0 84.2 26.2 25.5 84.7 70.9 13.2 13.1 4.8 Nyabihu 86.5 59.8 87.2 84.8 21.8 24.1 84.6 67.2 7.5 5.1 1.9 Ngororero 84.0 58.6 88.7 89.4 10.9 12.5 87.3 66.2 3.8 2.8 0.4 Rusizi 88.5 59.9 87.6 89.2 21.6 24.6 81.3 67.4 7.1 4.9 0.7 Nyamasheke 87.4 65.7 89.9 91.3 19.8 28.0 92.0 74.7 10.6 6.4 1.8 Rulindo 87.5 57.2 92.1 86.3 20.9 33.6 89.4 74.4 6.9 6.5 2.8 Gakenke 87.2 60.9 90.4 89.4 19.3 24.8 85.2 70.1 9.5 6.2 1.5 47 Administrative population Percentage Net Net Net Net Literacy Literacy Computer Computer Population District aged 6 and of the Attendance Attendanc Attendance Attendan rate of rate of literacy rate literacy aged between above who population Rate (NAR) e Rate Rates ce Rates the the of the rate of the 16 and 30 have ever aged at primary (NAR) at (NARs) in (NARs) populati populati population population who attended attended between 6 school Male primary secondary in on aged on aged aged between aged 15 tertiary school and 30 who school school Male seconda between 15 above 15 and 24 and above education have Female ry 15 and attended school 24 school Female Musanze 88.6 59.6 90.5 93.6 24.2 36.9 87.3 74.2 13.2 11.5 3.6 Burera 84.4 58.2 93.3 94.2 20.8 21.1 89.2 68.5 8.3 6.4 1.1 Gicumbi 85.6 59.6 90.1 91.0 20.6 24.9 90.3 72.5 6.4 5.4 2.3 Rwamagana 88.2 55.8 84.9 91.3 22.7 26.4 91.3 78.1 10.3 8.1 1.5 Nyagatare 84.9 55.5 76.9 79.7 15.9 22.6 84.4 71.4 6.1 4.2 1.5 Gatsibo 84.9 59.6 86.4 86.7 11.0 20.8 84.7 67.0 5.4 4.2 1.8 Kayonza 85.8 58.6 79.2 81.6 14.0 22.9 82.4 70.4 7.0 5.4 0.4 Kirehe 87.5 60.9 82.9 87.9 17.3 18.9 82.3 70.2 3.9 2.7 0.9 Ngoma 85.9 60.4 87.1 88.5 21.2 24.1 85.5 71.5 11.7 7.7 4.1 Bugesera 84.8 57.0 85.9 82.0 16.2 16.9 85.7 72.4 8.0 6.7 2.1 Source: EICV5, 2017 and field data collection 2021 As the table above shows, literacy rates decrease as age increases, which shows the efforts of the Government of Rwanda among the population and all children benefiting the free education and fighting children drop out. However, computer literacy is still low and very low in rural areas like Rutsiro and Kirehe administrative districts, whereas in urban districts like Rubavu, Musanze and Muhanga administrative districts, the rate is a bit higher except Ruhango with a higher rate though rural administrative districts and Huye with a low rate even though it is an urban administrative district. This exception may be due to chance in the sample. ✓ Poverty distribution per administrative District According to EICV5 report, the main poverty line is set at RWF 159,375 per adult equivalent per year in the prices of January 2014. This is the same poverty line that was used to measure poverty in 2014 using the EICV4 data, and a detailed discussion of how the line was chosen may be found in the EICV4 poverty profile report. Extreme poverty is measured using a poverty line of RWF 105,064 per adult equivalent per year, again in the prices of January 2014. This is the cost of buying enough food to provide an adequate number of calories, with a diet that reflects the observed behaviour of poor households, but it does not make any allowance for non-food spending. The key finding from the EICV5 survey is that the headcount poverty rate – which measures the percentage of people who are poor was 38.2% in 2017. This is slightly lower than the poverty rate of 39.1% observed in 2014, however, the difference between the poverty rates of 2014 and 2017 is statistically insignificant. The table below shows the poverty and extreme poverty distribution in the project area. Table 7. Poverty and extreme poverty distribution in project area. Administrative District EICV5 Poverty EICV5 Extreme Poverty Nyanza 46.5 16.0 Gisagara 55.6 25.6 Nyaruguru 52.4 28.1 Huye 40.2 12.9 Nyamagabe 48.6 17.7 Ruhango 38.0 15.0 Muhanga 32.6 13.8 Kamonyi 22.3 8.7 Karongi 52.7 21.3 Rutsiro 49.5 24.4 Rubavu 35.7 14.6 Nyabihu 46.8 18.0 Ngororero 47.7 20.8 Rusizi 33.5 12.8 Nyamasheke 69.3 41.5 Rulindo 54.2 23.2 Gakenke 34.2 13.1 Musanze 40.7 18.1 48 Administrative District EICV5 Poverty EICV5 Extreme Poverty Burera 49.8 19.9 Gicumbi 34.7 13.4 Rwamagana 18.9 4.8 Nyagatare 44.8 20.1 Gatsibo 42.1 18.8 Kayonza 26.7 8.5 Kirehe 44.6 18.5 Ngoma 37.8 14.0 Bugesera 40.3 17.8 Source: EICV5, 2017 and field data collection 2021 The low poverty rates in the city of Rwamagana district are evident, as are the relatively high poverty rates in Nyamasheke administrative district of Western Province and Nyaruguru as well as in Gisagara administrative districts of Southern Province respectively. According to EICV 5 Poverty, rates and the distribution of the poor are very important for targeting purposes. A government intervention that helps the rural population would help 93% of the poor; on the other hand, 57% of the benefits would go to the non-poor, since the rural poverty rate is 43%. The national poverty rate of 38.2%, just 2.8 percentage points are attributable to urban poverty, while the remaining 35.4 percentage points are due to rural poverty, which strengthen the need of Rural Electrification as a way to alleviate poverty among the population. 3.5.2. Source of energy Energy is the essential in the community lives and is taken as a measure of environmentally friendly the community is becoming through the use of energy sources with less CO2 emissions and environmental degradation. The table below summarizes the source of fuel in project area and give a clear picture of which effort is needed for climate resiliency and poverty alleviation in the Rwandan community. Table 8.Energy sources distribution in 27 administrative Districts Administrative Primary Primary Primary Primary Primary Primary Primary Other Primary Primary Primary Othe District fuel used fuel used fuel used fuel used fuel fuel used fuel used s fuel for fuel for fuel for rs for for for for used for for cooking: cooking: cooking: lighting: lighting: lighting: lighting: for lighting: lighting: Firewood Charcoal Crop Electricity Oil Lamp Firewood Candle lighting Solar Batteries waste distributor : panel Lantern Nyanza 14 0 2 2 5 63 14 0 94 6 0 1 Gisagara 10 0 12 3 2 65 7 1 96 3 0 1 Nyaruguru 9 0 13 5 1 63 7 1 96 4 0 1 Huye 14 2 6 7 5 54 12 1 88 11 0 0 Nyamagabe 9 1 10 5 0 66 10 0 96 3 0 0 Ruhango 20 2 2 3 5 65 3 0 95 3 1 1 Muhanga 20 2 3 4 4 61 7 0 89 10 0 0 Kamonyi 18 4 1 8 5 58 6 1 89 10 1 0 Karongi 14 1 5 2 1 56 21 0 92 7 0 0 Rutsiro 11 2 8 5 0 59 14 1 97 3 0 0 Rubavu 41 2 7 14 3 32 0 1 59 40 0 1 Nyabihu 17 1 7 9 3 60 2 2 88 12 0 0 Ngororero 7 1 13 2 2 67 8 1 97 3 0 0 Rusizi 32 3 4 5 1 43 11 1 86 12 0 1 Nyamasheke 22 4 6 5 2 46 15 1 98 2 0 0 Rulindo 15 1 2 7 0 61 10 4 94 6 0 1 Gakenke 12 1 3 1 2 75 5 1 97 2 0 1 Musanze 32 1 8 13 1 43 2 0 81 19 0 0 Burera 18 1 4 3 3 66 6 0 92 6 2 0 Gicumbi 12 1 2 10 1 71 2 1 96 3 0 0 Rwamagana 28 3 0 8 4 46 9 1 77 18 4 1 Nyagatare 15 0 0 5 1 67 11 0 90 6 2 2 Gatsibo 14 1 1 4 1 62 17 0 92 5 3 0 49 Administrative Primary Primary Primary Primary Primary Primary Primary Other Primary Primary Primary Othe District fuel used fuel used fuel used fuel used fuel fuel used fuel used s fuel for fuel for fuel for rs for for for for used for for cooking: cooking: cooking: lighting: lighting: lighting: lighting: for lighting: lighting: Firewood Charcoal Crop Electricity Oil Lamp Firewood Candle lighting Solar Batteries waste distributor : panel Lantern Kayonza 19 4 1 5 12 48 11 1 92 8 0 0 Kirehe 16 1 1 1 17 57 6 0 95 4 0 1 Ngoma 18 3 2 2 27 39 8 2 86 8 5 1 Bugesera 19 0 1 5 0 70 4 0 91 8 0 1 Source: EICV5, 2017 and Field data collection 2021 According to the table above, it is clear that the project area community still relies on the forest felling for fuelwood and this is an indicator of what happens inside their homes. The high depending on firewood increases the risk of indoor air pollution which is a source of many respiratory diseases in the community without forgetting the CO 2 emissions from this burning. The charcoal is also used by many populations in urban like districts mostly secondary cities like Rubavu, Musanze, Huye, Muhanga and Kamonyi with a high-rate use of charcoal with Rwamagana also among the big users of charcoal. All these energy sources/fuels are the main cause of deforestation and emit a great deal of CO2 emissions, hence the need to promote the fuel, which is environmentally friendly, and make it affordable to the community members. Against this need the clean cooking solutions and LPG constitutes a response to this environmental issue. 3.5.3. Human settlements The Rwandan settlement pattern has been scattered since time immemorial. It has for long been characterized by traditional use of land associated with the ancestral lifestyle, but does not correspond any more to the present environmental and economic constraints. It is in that context that the present policy of the Government of Rwanda regarding settlement consists of encouraging a clustered habitat commonly known as «Imidugudu ». In most urban areas, Rwanda has not yet developed city master plans. There are only plans of different towns of which some have expired and need updating. Urban centres developed spontaneously without taking environmental aspects into consideration. Sanitary facilities are insufficient and sometimes inadequate in city centres. In suburban zones known as spontaneous quarters, solid wastes are piled in disorder, drinking water is rare, and rainwater draining gutters are insufficient. Thus, diseases are frequent in those areas, the degradation of environment is more pronounced and living conditions are poor. City development should normally be based on urban planning documents like the “Urban management Master Plan (SDAU)”. Presently, the Kigali Urban Development Master Plan 2050 was approved and launched in 2020.4 In order to ease pressure on the City of Kigali and help achieve the urbanization growth rate of 35%, the government of Rwanda selected secondary cities of Muhanga, Rubavu, Huye, Rusizi, Musanze and Nyagatare to be poles of economic growth and development. 3.5.4. Cultural Heritage As per ESS8, the objective of the Cultural Heritage is to protect it from the adverse impacts of project activities and support its preservation, to address cultural heritage as an integral aspect of sustainable development, to promote meaningful consultation with stakeholders regarding cultural heritage and finally promote the equitable sharing of benefits from the use of cultural heritage. Cultural heritage encompasses tangible and intangible heritage, which may be recognized and valued at a local, regional, national or global level, as follows: Tangible 4 https://masterplan2020.kigalicity.gov.rw/portal/apps/webappviewer/index.html?id=218a2e3088064fc6b13198b4304f3d35/ 50 cultural heritage, which includes movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Tangible cultural heritage may be located in urban or rural settings, and may be above or below land or under the water; Intangible cultural heritage, which includes practices, representations, expressions, knowledge, skills as well as the instruments, objects, artefacts and cultural spaces associated with those communities and groups and recognized as part of their cultural heritage, as transmitted from generation to generation and continuously recreated by them in response to their environment, their interaction with nature and their history. Rwanda’s cultural heritage, seen from a general perspective, is rich and diversified. But it has, for long, been regarded as being a sector of minor importance, and therefore failed to play its basic role of developing the nation. However, there is no doubt cultural heritage is one of the main pillars for sustainable development. Rwanda’s cultural heritage is rich and diversified; it contains sacred hills, forests and trees with legendary history, traditional huts and royal palaces, churches and other colonial buildings and structures, caves and rocks with bas-reliefs marking the legendary or historical events that have occurred on the site, thermal springs and wells used for ritual purposes, genocide against Tutsi memorial sites and designated burial sites which are located in different administrative districts where the project activities will be implemented. The environmental and social assessment also takes into consideration the significance of intangible cultural heritage that may be materially affected or put at risk as a result of the project. For example, project activities may require cutting of trees or the movement of boulders that are used for cultural or religious practices and are considered sacred. If potential risks and impacts are identified, measures and actions to avoid, mitigate, and/or manage them are put into place. For example, it may be possible to arrange for protection in place, or for scheduled visitations, or community-sanctioned movement of such sacred items. Protection and preservation of national cultural heritage consolidate national unity, social cohesion, cultural freedom and recognition of community identity. Therefore, the Government of Rwanda and its partners have the obligation to preserve and perpetuate this cultural heritage for present and future generations because, on the one hand, it brings in a lot of money as do agriculture, industry, gold or oil and, on the other, it maintains harmony and social balance between peoples. A chance finds procedure is a project-specific procedure, which will be followed if previously unknown cultural heritage is encountered during project activities. It will be included in all contracts relating to construction of the project, including excavations, demolition, movement of earth, flooding or other changes in the physical environment. The chance finds procedure will set out how chance finds associated with the project will be managed. The procedure will include a requirement to notify relevant authorities of found objects or sites by cultural heritage experts; to fence-off the area of finds or sites to avoid further disturbance; to conduct an assessment of found objects or sites by cultural heritage experts; to identify and implement actions consistent with the requirements of this ESS and national law; and to train project personnel and project workers on chance find procedures, this have been detailed in Environmental and Social Commitment Plan (ESCP) developed under this Project, a sample of the chance find procedure is attached to this ESMF. 51 3.5.5. Agriculture The agriculture production system in all 27 districts is based on small family farms, more than 80% of whose production is consumed by the owners. The systems of crops are complex, based on the diversification of production and the association of crops. Six main crops banana, bean, sweet potato, cassava, sorghum and potatoes of which the first five are present in 90% of farms and all regions of Rwanda. Great investments in modern agriculture and research-based agriculture using fertilizers and improved seeds on consolidated lands, pumping irrigation on hillsides, etc., have allowed great production of maize, soya beans, voluble beans, wheat, Irish potatoes and rice. This achievement resulted in the Ministry of Agriculture (MINAGRI)’s decision of putting in place specialized centers for policy implementation and research under the Rwanda Agriculture and Animal Resources Development Board (RAB). The recent survey has proven that the agriculture is the most important sector of the Rwandan economy and contributes considerably to poverty reduction. For instance, from 2011 to 2013 the total production of vegetables increased by 9% while fruit production increased by 18%. Their exports increased from 15,400 tons in 2012, which generated 5,013,260 USD to 31,900 tons, which generated 9,494,442 USD in 2014 (see Rwanda Statistical Yearbook, 2014). However, the extensive agriculture practiced by the majority of Rwandan population contributes to the degradation of environment. Moreover, the agricultural intensification at the level of projects was often realized without taking into account environmental drawbacks accrued from inputs like (mineral fertilizers, pesticides, herbicides and seeds). 3.5.6. Animal husbandry The pastures consisted mainly of family fallow and marginal lands considered as inappropriate for agriculture such as the undergrowth. The limited subsistence pastoral areas were badly used because farmers did not master the management of pastures. That was showed by the overgrazing and overexploitation caused by trampling, degradation and disappearance of vegetation cover. The MINAGRI policy of keeping cattle in sheds known as “zero grazing” program has significantly limited environmental degradation and crops damage, which was also a source of conflict between neighbours but this program also helps the people to have sufficient household-based fertilizer and many of the farmers are mobilized to make and use organic compost from their cows and other natural vegetation. Moreover, demographic pressure has progressively led to the semi-intensification or intensification of fodder resources used to feed animals. Hence, animal husbandry, essentially made of cattle, was progressively transformed. This resulted in considerable increase of milk production from 257,450 tons in 2008 to 628,266 tons in 2013 and beef production increased from 24,889 to 29,807 tons in 2013 (see Rwanda Statistical Yearbook, 2014). Animal husbandry has also contributed to poverty reduction through a RAB-MINAGRI program called “One Cow per Every Poor household in Rwanda”. This program has decreased the number of malnourished children countrywide and has considerably contributed to poor household food security and assisted the poor household to increase the agriculture production due to the availability of the organic manure. 3.5.7. Economic activity The main activity in the project area is predominantly agriculture which means that most of the rural population in Rwanda depend on farming and the findings from the table above show that the industry sector is still under exploited. People need to shift from agriculture to industry and get more income from non-farm services. The electricity access is anticipated to boost the development where many households are ready to use it to develop the other off farming activities including using mills, hair cutting saloon, welding, and carpentry with machine among many other services. NST1 recognizes access to electricity as one of the main factors which will help in its achievement. 52 Table 9. Economic activities of the population in 27 Administrative Districts Total number Total number of Total number of Total number of Distribution of Total number of Distribution of Distribution of of jobs carried jobs carried out jobs carried out jobs carried out workers and jobs carried out workers and workers and District out and job and job status: and job status: and job status: broad economic and job status: broad economic broad economic status: Wage Independent Independent Unpaid non-farm activity: Wage non-farm activity: Industry activity: Services farm farmers Non-farm and other Agriculture Nyanza 63 56 146 28 3 213 32 51 Gisagara 86 47 157 27 4 244 23 54 Nyaruguru 60 44 131 30 4 192 26 51 Huye 73 65 141 32 1 216 29 66 Nyamagabe 88 68 167 48 8 259 40 79 Ruhango 57 43 130 23 1 190 28 36 Muhanga 53 65 146 29 4 204 30 62 Kamonyi 72 69 168 26 4 243 42 54 Karongi 75 62 149 34 4 228 39 59 Rutsiro 72 37 154 25 2 229 23 37 Rubavu 73 78 108 64 8 185 36 110 Nyabihu 81 39 121 26 3 205 23 41 Ngororero 77 68 176 40 8 260 45 65 Rusizi 92 95 199 55 11 297 56 100 Nyamasheke 66 69 168 29 3 243 38 52 Rulindo 68 60 153 27 3 221 41 49 Gakenke 92 66 183 38 2 280 49 51 Musanze 75 71 140 38 4 218 37 73 Nyabihu 80 48 153 43 4 236 26 66 Gicumbi 74 41 185 25 3 264 19 46 Rwamagana 66 85 163 43 9 235 45 85 Nyagatare 159 86 258 59 12 423 41 110 Gatsibo 110 63 207 44 5 320 38 72 Kayonza 77 52 156 37 4 235 23 68 Kirehe 99 42 169 33 4 269 32 46 Ngoma 72 37 151 27 4 228 18 47 Bugesera 88 68 169 41 4 260 48 62 Source: EICV5, 2017 and Field data collection 2021 3.5.8. Transport and Road network The transport system in Rwanda centres primarily on the road network. Paved roads lie between the capital, Kigali, and most other major cities and towns in the country. Rwanda is also linked by road with other countries in the African Great Lakes regions, via which the majority of the country's imports and exports are made. The country has an international airport at Kigali, serving one domestic and several international destinations and a new international Airport, Bugesera International Airport, is under construction. Rwanda has a total of 12,000 km (7,500 mi) of roads, of which 1,000 km (620 mi) are paved. Under the proposed project, it is proposed to have fiber optics in the Road reserve. This is the best option to avoid or minimize environmental impacts on ecosystems and it is feasible given the existing road network. 4. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES 4.1. Introduction This chapter identifies potential impacts that could arise from the activities proposed under the project. The identified impacts apply to the socio-economic environment as well as the bio-physical environment. The Social Protection Transformation Project will have potential impacts (both positive and negative) on the surrounding environment, both directly and indirectly as there will be direct and indirect interactions between project activities and the environment. The environmental and social impacts identified at this stage are preliminary in nature and will need to be further elaborated and potential for occurrence has to be ascertained during further stages of project design and implementation, during ESMPs and RAPs preparation. Having categorized the potential impacts by the stage of the project, which are mostly generic to various proposed activities, impacts that are specific to a project type will be further elaborated in the appropriate stage of their occurrence. 53 This chapter identifies potential impacts that could arise from the activities of the project, either during the planning, construction phase or the operation phase. The identified impacts apply to the socio-economic environment (health, security, economic activities, employment, finances, etc.), and on the biophysical environment (fauna, flora, water, air, soil, landscape). All these impacts affect the environment at different degrees, and their duration differs. That is why the impacts are classified differently according to their range in space and time. It is necessary to note that it is not only the project that will have impacts on the environment, but also the environment will have some impacts on the project. These impacts, as said earlier, can be positive or negative, direct or indirect and are also described as such in this study. 4.2. Positive impacts Throughout the construction period, local inhabitants of this area stand to benefit in the following ways: 4.2.1. Employment opportunities During the planning, construction and operation phases, new jobs will be created for both skilled and unskilled manpower. The project will ensure VUP guidelines are followed at the time of selection of casual or skilled labour, and no workers’ camps will be required. VUP public works guidelines require that eligible participants are selected from or near the project site and imported labour is allowed as VUP selection of projects and beneficiaries is sector based. 4.2.2. Government revenues Government shall collect revenues from the procurement of construction materials such as VAT and other taxes and duties as applicable. 4.2.3. Affordability of medical insurance for workers Employees shall afford medical insurance (mutuelle de santé) from their pay and even pay school fees for those who have children. VUP beneficiaries employed in public works are mostly Ubudehe category 1 households who have access to health insurance. 4.2.4. Food Security, poverty alleviation, raise of rural income The income from works will improve livelihoods of the people and the rural economy. In addition, the supply of construction materials, direct sale of household goods, consumables and food stuffs to the workers will be done during the construction phase, and this will improve trade at local and regional levels in Rwanda. Those who are involved in trade will have opportunity to supply construction materials for the project or the items required for the work force working at site. The rehabilitation and maintenance of roads infrastructure will reduce the overall transportation cost and allow exchange of food and goods between regions. Furthermore, farmers will get market for their production and earn a lot of money. 4.2.5. Social Interaction This interaction among community members is likely to enhance social interaction between people from different places. 4.2.6. Increased access to critical health services among extremely poor women and children The Nutrition-Sensitive Direct Support (NSDS) scheme will incentivise uptake of ante- and post-natal health services as well as child growth monitoring among extremely poor women and infants, this, along with increased consumption of food and other basic needs derived from the income support itself, is expected to contribute to reducing stunting among the target population. 54 4.3. Negative impacts As Public Works projects are implemented, there will be a number of excavations, soil disturbance and some increased traffic around sites associated with the delivery and removal of construction materials and construction debris. There is therefore a risk of temporary increases in pollution and degradation of the environment, including through mud slides, noise, dust and air pollution. There is also risk of run-off from construction sites, inadequate or inappropriate drainage of the construction site and inadequate safety measures, etc. The above environmental impacts are generic in nature occurring along all the project activities where civil works are involved. In addition to the above, there are risks of indirect negative impacts such as generation of vectors and vector borne diseases, and spread of STD/HIV amongst the construction workers and within the community in the vicinity of construction activities etc. Tables below summarize the potential environmental and social impact associated to the project activities. Table 10. Environmental and Social impact and proposed mitigation measures 55 Potential ESSs Subproject type Description Environmental Mitigation measures Impact/ Significance Issue Potential Environmental impacts Air quality ESS 1, ESS3, Community roads Dust emission from rehabilitation and/or Moderate Compaction of unstable soil, watering to avoid dust emmission pollution ESS4, ESS6 rehabilitation, maintenance activities like digging, etc. and wearing mask Solid waste ESS1, ESS3, Community roads Waste from bush/vegetation clearing, and removal Moderate Avail dump site with fence for solid waste and the dustbin for ESS4, ESS6, rehabilitation, terraces of trees, etc. waste collection ESS8 construction To ensure that all solid waste are disposed e-Weste ESS3 Socila protection Waste from electronic divice accumulation Minor to Sign an MoU with national E-waste facility for collection, program Moderate transport Recycling and Disposal of E-Waste Purchasing electronic equipment that meets international standards Water ESS1, ESS3, Community roads Sediment laden runoff from exposed areas mainly Moderate; Temporary storage of sanitary and cleaning wastes in containers pollution ESS4, ESS6 rehabilitation, due to vegetation clearing during construction; Disposal should occur at waste dumps waterway Improper use of waste oils from construction Minor No solid waste, fuels or oils should be discharged into water rehabilitation in equipment; bodies marshland Drainage discharging their sediments into water Minor Where works take place adjacent to a watercourse, temporary rehabilitation and bodies sediment barriers should be installed on slopes to prevent silt construction of water Increased use of agro chemicals and fertilizers. Moderate from entering the watercourse and sanitation networks Soil erosion ESS1, ESS2, Community roads Exposed land surfaces from cleared Moderate Integrate land stability into the roads and radical terraces (and and landslide ESS4, ESS6 rehabilitation, land other relevant project activities) designs to address the landslide terracing works and risks. Plant grass on embankments slopes with low landslide marshland risks, stone masonry construction on embankments’ slopes with rehabilitation high risks; tree planting along rehabilitated roads/terraces embankments and other critical areas should be considered. Application of appropriate erosion-protection measures, in vegetation may induce erosion from rain events Moderate particular where it concerns works on slopes and in stream (soil/mass movement) beddings. Embankment slopes are prone to land sliding Moderate Road and other works should not be executed under aggressive weather conditions (rains, strong winds). Loss of ESS6 Community roads Due to the removal of vegetation during public Moderate For roads projects, alignment will be done by avoiding rare and biodiversity rehabilitation, land- works, borrow pits, waste dumping area, protected endemic species where possible and new forest, shrubs and terracing works and areas, etc. grasses will be planted in other places to compensate the lost marshland forest rehabilitation. Public safety ESS1, ESS2, Community roads Badly managed work activity/site within community Moderate Contractors will inform local communities early of the ESS4 rehabilitation, construction programme. Poor housekeeping leading to stagnant Moderate Contractors will provide security barriers to ward off inquisitive water as breeding grounds for insect vectors Moderate persons and animals from active work sites (causing malaria, etc.) 56 Potential ESSs Subproject type Description Environmental Mitigation measures Impact/ Significance Issue Movement of heavy trucks and equipment and road Moderate safety Occupational ESS1, ESS2, Community Roads Hazards from handling heavy equipment, including Minor Workers should be protected by ensuring the use of protective health and ESS4 rehabilitation, noise from heavy vehicles and employed labour, equipment. They should also be provided with proper and safety ergonometric stress, lifting heavy materials etc. appropriate PPEs. Contractors will inform local communities early of the construction programme. Contractors will provide security barriers to ward off inquisitive persons and animals from active work sites Potential Social impacts Physical ESS5 Community roads The Project will result in the physical displacement Minor Appropriate compensation should be paid for any damaged or displacement rehabilitation, of communities. destroyed crops and property that belongs to the affected persons. All compensation process should satisfy the RPF Land use ESS5 Community roads Conflicts with incompatible activities and land uses. Major developed for the project. rehabilitation, Land take ESS5 Community roads Project sites will occupy some space in or close to Moderate rehabilitation, the community. It may either be private or public land for which compensation may be required. No compensation for Government land should be Raw material ESS5 Community roads PVC pipes, sand, stones, laterites from local and required. Minor usage rehabilitation external sources (quarries, etc.) Deprivation of ESS5 Terraces construction Terraces may be contructed in land used by private Minor use of land activities or community and establishment of terraces may take time without using the land. Loss of crops/ ESS5 Community Roads New infrastructure may interfere with individual or Minor properties rehabilitation, terraces community crops and properties. construction Loss of ESS5 Community Roads Some community members may lose some assets Minor Any affected person will be provided with livelihood assistance livelihood rehabilitation, terraces (trees, crops, structures) located projects sites. No based on crops or properties to be affected. It should be done in construction person will lose employment, as the project will accordance with the Resettlement Policy Framework (RPF) rather create employment opportunities. It is expected that the project will further offer opportunities for the youth, women and income for community members who will participate in project implementation activities Impact on ESS8 Community road The Project will have positive impacts on social and Major Awareness campaign to educate community Social and rehabilitation and cultural structures as the Project activities will bring Consultation should be undertaken with local authorities and Cultural establishment of together persons from different communities and communities to ensure that potential social and cultural sites/ Structures terraces interact for their common good. 57 Potential ESSs Subproject type Description Environmental Mitigation measures Impact/ Significance Issue on Impact ESS8 Community road The risks to cultural heritage would be on buried Minor structures are avoided Cultural rehabilitation and resources encountered, sacred sites, or touristic Accidental unearthing of such sites should be culturally handled Heritage/ establishment of sites during excavation of land. in accordance with the cultural sites and requirement Archaeologic terraces al interest Impacts on ESS4 Community road (a) Human health and safety could be Minor to Trucks carrying construction materials such as sand, quarry Human rehabilitation and compromised through traffic accidents involving Moderate dust, laterite etc., will have the buckets covered with tarpaulin or Health/ establishment of construction vehicles/equipment. appropriate material from or to project site Safety and terraces Occupational injury associated with construction Only experienced drivers/operators for trucks should be sanitation/ activities will be limited to the work force only. employed OHS Except for areas secured by fencing, all active construction areas will be marked with high-visibility tape to reduce the risk (b) Indiscriminate disposal of human waste or free- Moderate to accidents involving pedestrians and vehicles. range defecation by project workers could create Major All open trenches and excavated areas will be backfilled as soon environmental health problems for local as possible after construction has been completed. Access to communities open trenches and excavated areas will be secured to prevent pedestrians or vehicles from falling in. (c) Indiscriminate disposal of litter at the project Moderate Adequate sanitary facilities will be available for workers and sites will create unsightly conditions and pose open range defecation will not be countenanced. safety and health risks Labour will be provided with and educated to wear suitable Personal Protective Equipment (PPE) including hard hats, overalls, high-visibility vests, safety boots, earplugs, gloves, etc. d)Transmission of communicable deases may Moderate to Labour should be educated to adhere to basic rules with regard increase Major to protection of public health, including most importantly hygiene, HIV and other diseases prevention and will be required to adhere to a code of Conduct regulating their interaction with the public and in particular women and children Gender- ESS4 Social Protection Risks of GBV, SEA and SH may increase because Minor to The program facilitators are aware on GBV, SEA and SH based Program of increased interactions between the implementers Moderate prevention measures and protocols and awareness will be made Violence of program and community groups during home on risk of GBV, SEA, SH and domestic violence and on (GBV) visits, especially for homes without any male prevention measures. /Sexual presence. With the infusion of cash into homes, Exploitation conflicts may arise regards spending decisions, All facilitators will be made aware of law n°59/2008 of and Abuse which could lead to domestic violence. 10/09/2008 on prevention and punishment of gender- based 58 Potential ESSs Subproject type Description Environmental Mitigation measures Impact/ Significance Issue (SEA)/ There are also risks of program implementers Moderate to violence. Sexual being harassed by unhappy claimants while Major Utilize GBV Plan Harassment working at the Call Center or during the verification (SH) stages. Stakeholder ESS10 Social Protection Inadequate consultations with relevant Minor to During preparation of subproject, Consultations processes would consultations Program stakeholders including program beneficiaries during Moderate be initiated with relevant stakeholders during the targeting/ & the targeting/ selection process of beneficiaries selection process starting by the community. mechanisms Coordination meeting with stakeholders will be organised during to assure project implementation for feedback and information disclosure transparent During the selection of beneficiaries for income Minor Training on implementation guidelines for Local Government and equitable support there may make inclusion and exclusion staff will be provided before and during projecject selection of errors (social exclusion) and left behind the eligible implementation to ensure that guidelines are applied properly to program or include non-eligible beneficiaries avoid inclusion and exclusion errors beneficiaries In collaboration with stakeholders a physical verification for and access to program beneficiaries will be conducted to ensure if selected information beneficiaries are eligible Social registry will be in place to select the program beneficiaries Program related information, details regarding Moderate The existing mechanism of providing program information will be eligibility criteria and targeting procedures not improved by using para social workers and special measures to reaching on time Vulnerable groups (elderly, reach vulnerable groups (elderly, disabled etc.) who not have disabled, those in removed locations etc.) may not access to information easily (media or internet). have access to internet nor know how to use internet or to operate electronic devices such as TV, radio, mobile phones to access information about the project. 59 5.4 Guidelines for mitigation measures Specific measures have been suggested in this section when applicable. The mitigation options considered include project modification, provision of alternatives, and pollution control. In case where the effectiveness of the mitigation is uncertain, monitoring programmes will be introduced. The mitigation measures are applied to significant impacts arising from construction, operation and maintenance aspects of the various subproject projects. The Project and Districts are responsible for determining the cost of mitigation and to include such cost as part of the total cost for executing the works. Table 11. Mitigation measures for Environmental impact from the project Type of impact Description of mitigation measures Water quality and • Temporary storage of sanitary and cleaning wastes in containers. pollution • Disposal should occur at waste dumps. • No solid waste, fuels or oils should be discharged into water bodies. • Where works take place adjacent to a watercourse, temporary sediment barriers should be installed on slopes to prevent silt from entering the watercourse. Soil erosion and • Integrate land stability into the roads and radical terraces (and other relevant project activities) landslides designs to address the landslide risks. Plant grass on embankments slopes with low landslide risks, stone masonry construction on embankments’ slopes with high risks; tree planting along rehabilitated roads/terraces embankments and other critical areas should be considered. • Application of appropriate erosion-protection measures, in particular where it concerns works on slopes and in stream beddings. • Road and other works should not be executed under aggressive weather conditions (rains, strong winds). Public health • Adequate sanitary facilities should be available for workers and open range defecation should not be problems countenanced. • Imported skilled labour (supervising engineers for example) should be provided with proper housing, including sanitary facilities. • Labourers should adhere to basic rules with regards to protection of public health, including most importantly hygiene and disease (HIV) prevention. • All land depressions and disturbed areas at work sites should be filled to avoid water pond which could breed mosquitoes. Safety of the • Contractors will inform local communities early of the construction programme. public • Contractors will provide security barriers to ward off inquisitive persons and animals from active work sites. Loss of • For roads projects, alignment will be done by avoiding rare and endemic species where possible and new biodiversity forest, shrubs and grasses will be planted in other places to compensate the lost forest. Visual intrusion • Adequate organisation and maintenance of construction sites through good housekeeping. • Restoration of construction sites directly upon completion of works. 60 Type of impact Description of mitigation measures Disturbance and • Contractors to inform the affected communities early of the construction programme. interruption of • Limit any temporary interference with private property (e.g., farms) in creating routes. commercial and social activities • Relocation (even temporarily) to be avoided as much as possible. • Where private land or other property is affected, or where there is loss of income as a result of project activities, agree on compensation measures with affected persons and ensure payment is done prior to start of construction. Compensation will occur in accordance with the defined Resettlement Policy Framework. • Interference with the access to and use and local community roads, foot paths should be avoided or Land take • minimized. Avoidance, as much as possible, the need for resettlement by considering other options • Where resettlement is unavoidable, develop and implement appropriate plans in accordance with the Resettlement Policy Framework developed for the Project. Occupational • Workers should be protected by ensuring the use of protective equipment. They should also be provided health and safety with proper and appropriate PPEs. Table 12. Mitigation measures for Social impacts of the project Type of impact Description of mitigation measures Employment and loss of • Any affected person will be provided with livelihood assistance based on crops or properties to be livelihood affected. It should be done in accordance with the Resettlement Policy Framework (RPF) • It is expected that the project will further offer opportunities for the youth, women food vendors and income for community members who will supply the site with sands and stones Deprivation of use of land • Land compensation should be based upon current market value of land in the area and in accordance with the resettlement policy framework (RPF). Loss of crops/ properties • Appropriate compensation should be paid for any damaged or destroyed crops and property that belongs to the affected persons. All compensation process should satisfy the RPF developed for the project. Impacts on Human Health/ • Trucks carrying construction materials such as sand, quarry dust, laterite etc., will have the buckets Safety and sanitation covered with tarpaulin or appropriate material from or to project site • Only experienced drivers/operators for trucks should be employed • Except for areas secured by fencing, all active construction areas will be marked with high-visibility tape to reduce the risk accidents involving pedestrians and vehicles. • All open trenches and excavated areas will be backfilled as soon as possible after construction has been completed. Access to open trenches and excavated areas will be secured to prevent pedestrians or vehicles from falling in. • Adequate sanitary facilities will be available for workers and open range defecation will not be countenanced. • Labour will be provided with and educated to wear suitable Personal Protective Equipment (PPE) including hard hats, overalls, high-visibility vests, safety boots, earplugs, gloves, etc. • Labour should be educated to adhere to basic rules with regard to protection of public health, including most importantly hygiene, HIV and other diseases prevention and will be required to adhere to a code of Conduct regulating their interaction with the public and in particular women and children. • No child labour will be tolerated. 61 Type of impact Description of mitigation measures Gender-based Violence • Risks of GBV, SEA and SH may also increase as a result of increased interactions between the (GBV)/Sexual Exploitation implementers of program and community groups during home visits, especially for homes without and Abuse (SEA)/Sexual any male presence. With the infusion of cash into homes, conflicts may arise regards spending Harassment (SH) decisions, which could lead to domestic violence. • There are also risks of program implementers being harassed by unhappy claimants while working at the Call Center or during the verification stages. Stakeholder consultations & • Inadequate consultations with relevant stakeholders including program beneficiaries during the mechanisms to assure targeting/ selection process of beneficiaries transparent and equitable • During the selection of beneficiaries for income support there may make exclusion and exclusion selection of program errors and left behind the eligible or include non-eligible beneficiaries beneficiaries and access to information • Program related information, details regarding eligibility criteria and targeting procedures not reaching on time Vulnerable groups (elderly, disabled, those in removed locations etc.) may not have access to internet nor know how to use internet or to operate electronic devices such as TV, radio, mobile phones to access information about the project. Impact of labor conditions • Availability on the resources like food, water resources; Communicable diseases may also spread and labor risk likce Covid 19, etc. and Social Conflict. • Risks of child labor and forced labor, • human trafficking 5.5 Environmental and Social Impacts during operation phase These will depend on the types of subprojects implemented. Road and marshlands rehabilitation are the main subprojects expected to have negative environmental impacts during the operation phase. ESMPs will provide more details and will customize the impacts to the specific locations of the subprojects. The below table shows negative impacts per type of subproject: Table 13. Negative impacts and mitigation per type of subproject Types of subprojects Negative Impacts Mitigation Measures with impacts significantrehabilitation Marshland This irrigation system is controlled to irrigate dry Design should ensure a proper drainage network parcels in the marshland. This arrangement is likely allowing for return flow from the plantation plots into to destabilize the receiving population downstream the river during the dry season. and temporary destabilize the ecosystem dependent on the Use of current river fertilizers andflow. pesticides is a To avoid this impact, the project should prepare a non-point source potential for introduction of Pest Management Plan (PMP) and train farmers on nutrients into the likely receiving waters downstream practices proposed for their crops. For fertilizer, the of the catchment plantations as a result of run-off. farmers should be trained on the right application of Agrochemical fertilizers such as; DAP, NPK and fertilizer and safe use of pesticides. Urea (CO (NH2)2) containing compounds of A baseline test of the water quality, preferably Nitrogen, Phosphorus and Potassium and, every two years, and progressive tests are proposed for boosting soil fertility and pesticides will necessary to understand the effect of the project on very likely drain into the river. the quality of water bodies and curb any likely impacts there may be before water quality deteriorates. 62 Types of subprojects Negative Impacts Mitigation Measures with significant impacts Salinization can occur in irrigation With a properly determined crop water practice. There is therefore a probability of salt requirement, micro-management of irrigation water to build up to occur in the intervention areas specifically satisfy this need and regular monitoring of especially through the residue salts and salt build CropWat requirement to regulate the water quantity up in the soil profile. released to the catchments, the likelihood of water logging and salinization will be minimized. Training of farmers to regulate quantities of water used will be a long-term investment in sustaining the chemical properties of the soil for continuous fertility. Regulated amounts of fertilizer applied based Community roads Air pollution causing health risks due Provision restriction measures of speed required. on actual nutrients construction to dust and exhaust gas from vehicles (speed limit signs, bumps) near villages and special facilities (schools, health posts, markets) Noise pollution causing health risks Provision of speed restriction measures due to noise from vehicles (speed limit signs, bumps) near villages and special facilities (schools, health posts, markets) Adhere to speed limits Reduced traffic safety due to improved roads, Provide traffic control signage prominently inducing drivers to exceed the speed limits and at the entrance and throughout populated village cause accidents (mostly to pedestrians) areas Provision of speed bumps in the vicinity of populated Operation phase areas like villages, schools, markets, health posts, etc. Wear helmets when driving two-wheeler Community awareness meetings on traffic safety Water pollution and Property Regular maintenance of the road drainage issues Damages system 63 6. ENVIRONMENTAL AND SOCIAL MANAGEMENT PROCESS 6.1. Introduction The Social Protection Transformation Project is composed of a series of subprojects and activities. All these subprojects and activities will undergo environmental and social screening for potential environmental and social impacts and to determine required E&S instruments. This chapter of the ESMF describes the process for ensuring that environmental and social concerns are adequately identified, analysed and addressed. Further, it provides a process and procedures for mitigation measures, institutional arrangements and procedures used by the Project implementing entity and other stakeholders for the identification, preparation, approval and implementation of subprojects. It sets out the reporting systems and responsibilities of the institutions in implementing the ESMF including the details to be addressed by the ESMF and the specific steps to be undertaken to ensure adherence to the ESMF. 6.2. Environment and social management process 6.2.1. Project screening and categorisation Screening is the first stage of E&S process which results in a key E&S decision, namely to either conduct the assessment (based on the likely significant impacts) or not conduct it (in the anticipated absence of such impacts). Screening needs to follow specific procedures often described in the legislation, so all the projects follow the same process. Key contributions of screening process are: (a) Facilitates informed decision making by providing clear, well-structured, factual analysis of the effects and consequences of proposed actions and (b) influences both project selection and policy design by screening out environmentally and/or socially unsound proposals, as well as modifying feasible action. ✓ Screening purpose and timeline The screening should be done at the project identification/planning phase to determine whether the project is environmentally feasible or not and if yes, which environmental analysis is required and safeguards instruments to be prepared in compliance with national requirements and World Bank ESSs. ✓ Screening process All subproject under the project will be screened by LODA as provided for in the regulations to assess their potential environmental and social impacts. The Environmental and Social Safeguards Specialist under LODA will carry out the screening. The proposed screening process is as follow: ✓ Step 1. Project identification and proposal The screening is done based on initial baseline data and project proposal. The E&S specialist will be involved from the beginning of project planning and will make sure that information required for Environmental and Social screening are included in project proposal. This may include but not limited to project location, project components, sensitive areas, land ownership and land tenure in project area, project size etc . 64 ✓ Step 2. Screening checklist and actual screening Once the project proposal is available, E&S specialist will screen all subprojects to determine whether or not subprojects need environmental and social instruments. The E&S specialist may conduct site visit and consultation to collect addition information for a better screening. ✓ Step 3: Screening report and categorization The purpose of the screening at this stage is: ▪ To identify environmental and social risks associated with the proposed development as well as measures to mitigate adverse impacts, if any, ▪ To assess the quality of the subproject design, facilitate informed decision making by providing clear and well- structured analysis of the effects and consequences of the proposed actions and to determine whether partial ESIA, ESMP or Livelihood Restoration Plan (LRP) are needed or not. E&S specialist will prepare a screening report with decision made and justification. Further, the screening report will provide project environment and social category based on criteria established under national regulations and World Bank ESSs. Table 14. Environmental and social safeguards categories Type of the Project Rwanda WB ESF Remarks Guideline The project is likely to have significantly adverse Cat A High Risk Requires full-scale EIA and detailed RAP, these impacts on the environment or society. projects are not eligible under this projects The project may have adverse impacts on the Cat B Substantial Depends on scale of adverse impact full-scale environment or society, but these impacts are less Risk EIA and Detailed RAP may or may not be significant than those of High risks projects. These necessary. These projects are not eligible under impacts are site-specific; few, if any, of them are these projects except establishment of radical irreversible; in most cases, they can be mitigated more terraces sub-projects with moderate impacts readily than High risks projects. The project is likely to have minimal or no adverse Cat C Moderate Simplified ESMP and abbreviated Resettlement impact on the environment or society. Risk Plan. Only Moderate Risk sub-projects (per the ESF) will be permitted under this project. Funds are provided to a Financial Intermediary, which N/A Category No financial intermediary is expected to be used in turn implements sub-projects that may have adverse FI in the Social Protection Transformation Project impacts on the environment or society, but these impacts cannot be identified in detail prior approval. If there is a sub-project that can be categorized as High risks, it needs to go through the same procedure as a high-risk project including environmental review and information disclosure prior to its implementation. It is anticipated that the subprojects to be implemented under this SPTP will fall under moderate risks and the screening process will exclude those subprojects that can have high and substantial risk i.e requiring full ESIA. ✓ Step 4: Determination of safeguards instruments At screening stage, LODA will identify appropriate instruments to be prepared including but not limited to Site specific instruments full ESMP, simplified ESMP and Livelihood Restoration Plan. The projects that are subjected to full or partial ESIA including Resettlement Action plan are not eligible under this project 65 6.2.2. Scoping The second step in Environmental and Social Management is Scoping. Scoping is a systematic exercise that establishes the boundaries and Terms of Reference (ToR) for the E&S assessment. The scoping stage determines significant issues that the E&S assessment will address. The scoping begins after the completion of the screening stage. However, there may also be some overlaps. Essentially, scoping takes forward the preliminary determination of significance made in screening to the next stage of resolution (i.e., determining what issues and impacts require further study). ✓ Process of the scoping The next figure presents Scoping steps that include planning, stakeholders’ consultation, elaboration of screening report and submission to Development Partners (WB) for clearance. The process for scoping is as follow: ✓ Planning the scoping Through a planning session, LODA must start with the following: - Identification of all parties that should be involved in the process (authorities, beneficiaries, parties likely to be affected and other stakeholders); - Definition of the roles and responsibilities of the identified parties, - Compilation of background information to enable effective involvement by authorities and selected parties; - Identification of the most effective strategies for communicating with all parties; - Preparation of background information document (including objectives and description of the activity, legal aspects and setting of the project, environmental opportunities and constraints, predicted environmental and social impacts, public involvement and timetable of the process) to enable concerned parties to understand the nature of the proposed activity and identify key issues; - Identification of key decision points and the type of information required from each stakeholder; - Legislative requirements relevant to the project also need to be clarified. ✓ Stakeholder engagement Once the office work is completed, LODA will organize consultations with all groups and institutions concerned by the subproject project to identify key issues. A range of techniques can be used to facilitate participation for all. These include workshops, focus group meetings with specific stakeholders, media releases, telephone/emails and meetings with key individuals. The predicted impacts/ risks will also be prioritized by evaluating the potential significance of concerns raised from both a technical and a subjective perspective, taking into account the needs, values and importance of the affected environment to stakeholders. 66 ✓ Terms of reference and study team At this stage draft, ToRs are prepared and submitted together with the brief project for review and approval by RDB and World Bank. This will not be applicable for subprojects under SPTP as it will focus on category C and B projects. LODA will ensure that (if any): (i) all issues to be addressed in the environmental and social assessment and in any special study to be undertaken is included in terms of reference and, (ii) feedback from consulted stakeholders are incorporated in the terms of reference and will be incorporated into the environmental assessment process. At this stage, E&S Specialist will be able to determine the study team based on key risks and issues to be assessed during Environmental and social study. For example, the type of expertise needed in the ESIA team for roads project will vary with the location and magnitude of the project but should in any case include: - Team leader with extensive experience in environmental impact assessment, environmental legislation and hands-on knowledge of biodiversity, land management and aquatic ecosystems; - Sociologist or Social Anthropologist. - Ecologist The selection of ESIA experts should be guided by the team’s overall experience and/ or reputation in ESIA or related assignments; the appropriateness of the team (including balance of professionals/ expertise, allocation of responsibilities), as well as the formal/ academic qualifications including professional affiliation. For environmental experts, engineers, surveyors/valuers professional certification or affiliation should be strongly considered for ethical concerns. ✓ Request for E&S clearance from Development Partners (DPs-WB) For the case of Social Protection projects, the registration and request of certificate where according to the new environmental law, only certified Environmental Practitioners are allowed to register a project for environment and social clearance, is not applicable. Under this project, LODA in collaboration with Districts will develop a screening report and related site specific safeguard instruments and submit them to development partners (WB) for clearance. 6.2.3. Alternative analysis Project alternative analysis will be conducted during the preparation of site-specific instruments (ESMPs and RAPs as appropriate) when more project details, activities and technologies are known. Therefore, this section provides general alternative analysis based on project components with potential negative Environment and Social Impacts. 6.2.3.1. Routing Alternatives a) Utilizing Existing Road Reserves where road maintenance is involved The rationale lies in the ease of obtaining Rights of Way from the National Road Development Agency (RTDA) and districts authorities. This option might mitigate risks of impacts such as loss of assets and resettlement. Roads without adequate reserves or where involuntary displacements are high will be excluded from the project. b) Utilizing Private Land and Property The second option involves new route designs that utilize private land and property. However, this option is not supported because it would cost more in terms of land and property compensation and time wastage on securing individual agreements with PAPs. 67 6.2.3.2. No Project Scenario If the proposed project is not implemented, the concerns identified during the preparation of the project will remain and the country will not achieve its targets. The demand for capacity will continue to grow along with economic growth. In spite of environmental and social impacts associated with the proposed project, its significance remains high. Therefore, it is recommended to implement the project with proposed measures and preparation of site-specific instruments. 6.2.4. Environment and Social Assessment process After screening, scoping, approval of terms of reference and hiring study team, actual environmental and social assessment starts. This stage is undertaken when the draft feasibility study and key information on proposed subproject are available. The Environmental and Social Assessment under proposed subproject will primarily be the responsibility of LODA with its service providers. However, at certain stages in the project cycle, WB may intervene in order to ensure that ESSs are adequately applied. Key steps in environmental and social assessment are: ✓ Project description Impact is defined as a positive or negative effect that the subproject is likely to have on any aspect of the biophysical and/ or socio-economic environment. Therefore, it’s important that the study team make a detailed description of proposed subproject. At this stage, the consultant team concisely describes the proposed project and its geographic, environmental, social, and temporal context, including any offsite investments that may be required (e.g., access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the subproject’s primary suppliers. This also includes a map/ photo showing the project site and the area that may be affected by the project’s direct, indirect, and cumulative impacts. This information is drawn from feasibility study and can be obtained from project design team. ✓ Policy and legal framework At this stage, the consultant team analyses the legal and institutional framework for the project, within which the environmental and social assessment is carried out, compares national environmental with international policies and standards especially those developed by WB to identify gaps between them and bridging measures. The consultant team takes into account in an appropriate manner all issues relevant to the project, including: (a) the country’s applicable policy framework, national laws and regulations, and institutional capabilities (including implementation) relating to environment and social issues; variations in country conditions and project context; country environmental or social studies; national environmental or social action plans; and obligations of the country directly applicable to the project under relevant international treaties and agreements and triggered policies. ✓ Baseline information At this stage, the study team sets out in detail the baseline data that is relevant to decisions about project location, design, operation, or mitigation measures. This should include: - Discussion of the accuracy, reliability, and sources of the data as well as information about dates surrounding project identification, planning and implementation. - Identification and estimation of the extent and quality of available data, key data gaps, and uncertainties associated with predictions. - Based on current information, assesses the scope of the area to be studied and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences. 68 - Taking into account current and proposed development activities within the project area but not directly connected to the project. The consultants will gather relevant information on the current status of the environment in the project area against which change due to project activity can be measured. The analysis of the initial state should include a record of baseline environmental conditions (soil/ erosion, water quality and quantity, wetlands, national parks/ protected areas, forests, land use, agriculture, livestock, air, fauna and flora, socio-economy including health and safety aspects, loss of land, settlement patterns, income, gender, etc.) considered to be threatened by the project. It may utilise scientific data, photographs of the area, meeting with various groups or any other geophysical recordings. This is important as it facilitates the identification of impacts. ✓ Impact identification and analysis This stage focuses on identification, evaluation, and determination of significance of potential environmental and social impacts both positive and negative. - Identification: The identification specifies the impacts associated with each phase of the project and the activities undertaken while the prediction tries to forecast the nature, magnitude, extent and duration of the main impacts. The impact identification should look at both direct and indirect impacts as well as the interactions between them. - Evaluation The evaluation should determine the significance of the residual impacts i.e., after taking into account how mitigation will reduce a predicted impact. Through consultations with beneficiaries and stakeholders and sites observations during the scoping, all possible impacts associated with the intended project will be listed and justified. The LODA E&S specialist or its consultant will analyse identified impacts by conducting risk assessment, risk evaluation and risk management. - Determination of impacts significance After assessment of an impact in accordance to the criteria described above, the significance of an impact can be determined. The various ratings as indicated above are accorded to these criteria. These ratings are then used to calculate a significance (S) rating and are formulated by adding the sum of ratings given to the extent (E), duration (D), Reversibility (R) and intensity (I) and then multiplying the sum with the probability (P) of an impact as follows: Significance (S) = (E+D+R+I) x P 6.2.5. Impact Mitigation and Management Procedures The main objective of the impact mitigation and management is to design appropriate measures and put in place a series of plans for preventing, minimizing or compensating for adverse environmental impacts caused by the proposed transport project. Some of the plans are compulsory, such as an environmental and social management plan (ESMP) and environmental and social monitoring plan (ESMP) which are required as part of an ESIA report. Other plans are project specific, like biodiversity management plan, cultural heritage management plans, Waste Management Plan, etc. ✓ Elements of mitigation The elements of impact mitigation are organised into a hierarchy of actions including: - First, avoid adverse impacts as far as possible by use of preventative measures; - Second, minimize or reduce adverse impacts to as low as practicable levels; 69 - And lastly, remedy or compensate for adverse residual impacts which are unavoidable and cannot be reduced further. This implies that LODA shall follow the above hierarchy of actions for the implementation of any subproject with adverse impacts. The preventive measures will be given first priority over minimizing or compensation measures. The above impact mitigations are detailed below. ✓ Impact avoidance While preparing the project and designing the impact mitigation measures, LODA will put much more focus on measures to avoid the occurrence of adverse impacts. This can be achieved by: 1) not undertaking certain subprojects or elements that could result in adverse impacts; 2) avoiding areas that are environmentally sensitive and look for alternative sites; 3) or putting in place preventative measures to stop adverse impacts from occurring such as adopting technologies to eliminate the impact. ✓ Impact minimization In case impact avoidance is not possible, LODA shall focus on impact minimization to limit or reduce the degree, extent, magnitude, or duration of adverse impacts. It can be achieved through: 1) scaling down or relocating the proposal; 2) redesigning elements of the project; 3) or taking supplementary measures to manage the impacts. ✓ Impact compensation This shall be used as the last resort to remedy unavoidable residual adverse impacts. It can be achieved by: 1) rehabilitation of the affected site or environment, for example, by habitat enhancement; 2) restoration of the affected site or environment to its previous state or better, as typically required for mine sites, forestry roads and seismic lines; 3) and replacement of the same resource values at another location, 6.2.6. Environmental and Social Management Plan The ESMP of any project is a site-specific plan prepared to ensure that the project is implemented in environmentally sound manner where all contractors (or subcontractors if any), supervising firms and stakeholders, understand the potential environmental and social risks associated with the proposed project and take appropriate actions to adequately manage those risks. It consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation phases to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. The plan also includes the actions needed to implement these measures. For the preparation of a management plan, the implementing agency will (i) identify the set of responses to potentially adverse impacts; (ii) determine requirements for ensuring that those responses are made effectively and in a timely manner; and (iii) describe the means for meeting those requirements. The ESMP identifies feasible and cost-effective measures that may reduce potentially significant adverse environmental impacts to acceptable levels. The plan includes compensatory measures if mitigation measures are not feasible, cost-effective, or sufficient. For each activity, the plan outlines the potential problems that may 70 adversely impact the environment, and recommends corrective measures where required, implementation schedule, role and responsibility of the key stakeholders, occurrence and estimated cost. 6.2.7. Environmental and Social Monitoring Plan The environmental monitoring during the project implementation provides information about key environmental aspects of the project, particularly the environmental impacts of the project and the effectiveness of mitigation measures. Such information enables LODA and the World Bank to evaluate the success of mitigation as part of project supervision, and allows corrective action to be taken when needed. Therefore, the ESMP identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the ESIA report and the mitigation measures described in the ESMP. The purpose of monitoring is to (i) track the progress and assess the appropriateness and effectiveness of the management measures, (ii) assess the actual project impacts against the potential impacts and social indicators identified, (iii) capture information with which to advise potentially impacted communities and government on progress and achievements, and (iv) facilitate engagement, consultation and collaboration with stakeholders. The key components of a monitoring program for every activity are: - Identified adverse impacts, - Mitigation/ enhancement measure, - Monitoring indicator (key performance indicators), - Means of verification, - party responsible for monitoring, - timing and frequency of monitoring, - Mechanisms to update management measures, if required. 6.2.8. Training, awareness, and competencies LODA assumes overall responsibility for implementation of the ESIA/ESMP and Resettlement Plan but the actual implementation of mitigation measures will be the role of Districts that are direct implementers. Therefore, it is important that the institutions responsible for the implementation of the tasks and requirements contained in the ESMP have staff who are competent on the basis of education, training and experience. LODA shall undertake internal training activities to ensure that Project expectations regarding environmental and social performance are achieved. In addition, the Project will provide guidance to implementers regarding expectations for environmental and social impact management training, education, and competencies. Environmental and social competencies will be appropriate to the respective parties’ scope of activity and level of responsibility. LODA environmental and social training programmes will include several levels of competency, depending on each individual’s level of involvement and responsibility: ✓ ESHS induction training and awareness: this training will be for visitors or individuals who do not have direct roles or responsibilities for implementing the ESMP, and will cover basic Project environmental and social commitments. ✓ ESHS Management Training and Awareness: this training focuses attention on management, covering key aspects of the ESMP and providing an overview of the Project’s environmental and social impact management expectations and the supporting processes and procedures prescribed in the ESMS to meet performance expectations. ✓ ESHS Job-specific training and awareness: job-specific training will be provided to all personnel who have direct roles and responsibilities for implementing or managing components of the ESMP including EPC 71 contractor workers. This training will also include all people whose specific work activities may have an environmental or social impact. ✓ Onsite, these provisions and responsibilities will apply to all contractors and subcontractors. Those responsible for performing site inspections will receive training by drawing on external resources as necessary. Upon completion of training and once deemed competent by management, staff will be ready to train other people. The Project will require each district to institute training programmes for their personnel including project beneficiaries. All Districts and project beneficiaries will be responsible for implementing relevant and adequate training programmes to maintain the required competency levels. District training programmes will be subject to approval by LODA and will be assessed to confirm that: • training programmes are adequate; • all relevant personnel have been trained; and • Competency is achieved. Districts will be required to report on their training activities, and the Project will maintain records of all training delivered. 6.2.9. ESIA report and decision making ✓ ESIA report An environmental and social impact study culminates into preparation of a report by the ESIA experts. An ESIA report should provide clear information to the decision‐maker on the different environmental scenarios without the project, with the project and with project alternatives. The developer is also required to produce an environment and social management plan (ESMP). Any modifications made by a developer to the ESIA report should be presented in form of an Environmental and Social Impact Report Addendum. All these three documents should then be submitted to the RDB and WB. It is worth noting that RDB classified SPTP in projects that might not need ESIA certificate. ✓ Public hearing After completion of ESIA report the Environmental Law requires that the public must be informed and consulted on a proposed development. RDB may, if it deems necessary, conduct a public hearing before ESIA reports are appraised by its Technical Committee. Any stakeholders likely to be affected by the proposed project are entitled to have access to unclassified sections of the ESIA report and make oral or written comments to RDB. Rwanda Development Board shall consider public views when deciding whether or not to approve a proposed project. For this project, this stage will follow the planning process that involve the public hearing before the approval of the projects to be implemented. ✓ Decision‐making During the decision‐making and authorization phase, ESIA documents submitted to the Authority shall be reviewed by two decision‐making committees: a Technical Committee and an Executive Committee constituted by RDB. If the project is approved, the developer will be issued with an ESIA Certificate of Authorization, which permits implementation of the project in accordance with the mitigation measures in the ESIA Report and any additional approval conditions. It is worth noting that RDB classified SPTP in projects that might not need ESIA certificate. 6.2.10. Environmental and Social Monitoring Monitoring should be done during both construction and operation phases of a project. It is done not just to ensure that approval conditions are complied with but also to observe whether the predictions made in the ESIA reports are correct or not. Where impacts exceed levels predicted in the environmental impact study, corrective action should be taken. Monitoring also enables RDB to review validity of predictions and conditions of implementation of 72 the Environmental and Social Management Plan (ESMP). During implementation and operation of a project, monitoring is a responsibility of the LODA, Districts and REMA. 6.2.11. Review, clearance and disclosure of E&S instruments All E&S safeguard instruments including A/RAP to be prepared under the projects will be reviewed by the project safeguards team at LODA and submitted to World Bank for review and approval/ issuance of clearance as it is worth noting that RDB classified SPTP in projects that might not need ESIA certificate from RDB. 7. PUBLIC CONSULTATION AND PARTICIPATION 7.1. Overview Community engagement and stakeholder engagement is a major component of the proposed project and a requirement for both World Bank and national environmental and social policies. The consultation and engagement process focuses on providing information on the proposed project in a manner that can be understood and interpreted by the relevant audience, seeking comment on key issues and concerns, sourcing accurate information, identifying potential impacts and offering the opportunity for alternatives or objections to be raised by the potentially affected parties, non-governmental organizations, members of the public and other stakeholders. Consultation has also been found to develop a sense of stakeholder ownership of the project and the realization that their concerns are taken seriously, and that the issues they raise, if relevant, are addressed in the environment and social management process and will be considered during project design refinement. Given that project affected people and communities are not yet identified, initial consultations were held with stakeholders at the central level and district level with representatives of administration, the private sector, women, youth and vulnerable people. Further, consultations are recommended during identification of beneficiaries, activities and during the preparation of site-specific instruments. 7.2. Objectives and purpose of community engagement and stakeholder consultation Public consultation and stakeholder engagement are the basis for building strong, constructive, and responsive relationships that are essential for the successful management of a project’s environmental and social impacts. Stakeholder engagement is an on-going process that involves the following elements; stakeholder analysis and planning, disclosure and dissemination of information, consultation and participation, grievance mechanism and on-going reporting to affected communities. 7.2.1. Purpose - To prepare communities on potential emergency scenarios that could be caused by the project and can affect the community. - To build a trusting relationship with the affected communities and other interested stakeholders based on a transparent and timely supply of information and open dialogue. - To ensure effective engagement with local communities and other key stakeholders throughout all phases of the project. - To actively build and maintain productive working relationships based on principles of transparency, accountability, accuracy, trust, respect and mutual interests with affected communities and other stakeholders. - To collect input on impacts and mitigation design. 73 7.2.2. Public consultations and participation Public participation and community consultation has been taken up and should continue to be an integral part of project implementation as well as the social and environmental assessment process of the project. Consultation is used as a tool to inform project affected people, beneficiaries and stakeholders about the proposed activities both before and after the development decisions are made. It assisted in identification of the problems associated with the project as well as the needs of the population likely to be impacted. This participatory process helps in reducing the public resistance to change and enabled the participation of the local people in the decision-making process. 7.2.3. Stakeholders Key stakeholders have been identified and initial discussions held with decision-making bodies, key stakeholders, sector institutions and specialist experts were made on the very concepts and nature of the proposed project, giving emphasis on levels of public participation, role of key stakeholders and joint contributions of these actors to the success of the project. In addition, the scope of the proposed project and possible means of maximizing local communities’ social, economic and environmental benefits from the project implementation were underlined. Key stakeholders identified for consultation during preparation and implementation of project and this ESMF include but not limited to the following: Table 15. Key stakeholders identified for consultation during preparation and implementation of project Government Officials/ Local government Targeted beneficiaries Private operators Institutions officials (27 districts + Kigali City) • Ministry of • District Environment • Beneficiaries of • Enviroserve Environment officer different social • Rwanda • District labour protection components Environment Inspector (Public works including Management • District Joint Action cPW, ePW and Authority Forum HBECD, Direct • Rwanda utilities • PSF at district level support, Nutrition Regulatory agency • Representative of sensitive Direct support • Ministry of Local Women and livelihood Government • Representative of components) • LODA Youth • Rwanda land • Representative of Management and Vulnerable use authority people/people living • Rwanda with disability Development Board • RISA 74 7.2.4. Consultation and engagement methods and process Consultation method including focus group discussions (FGD), community meetings and official meetings with stakeholders will be considered during project implementation and if the COVID-19 pandemic restrictions allow. Focus groups meetings should bring together opinion leaders in the village (i.e., teachers, shops keepers, church leaders, etc.), youth group and gender/women representatives. The community meetings will include all categories of society. However, in line with COVID-19 restrictions, community members will be split into small groups, which will be convened for the community meetings. Official meetings will include village leaders, cell and Sector and District authorities. The meetings will be organized by Project staff and can be individual contact or done at every administrative level depending upon their locations, staff availability and local Covid-19 restrictions. 7.3. Consultation and stakeholders’ engagement conducted Consultation and stakeholder engagement started with project preparation and continues during the preparation of safeguards instruments. 7.3.1. Initial consultation during project preparation Initial consultation was conducted by LODA and involved different stakeholders including the Rwanda Development Board (RDB), MINALOC, the Rwanda Environment Management Authority (REMA), and MINALOC. At district level, consulted people included the district Vice Mayor in charge of Economic Development, District Environmental Officer, the Director of Planning, Monitoring and Evaluation, and Director of the One Stop Center. All consultations were done by respecting all instructions set by the Government of Rwanda to fight against the spread of the COVID-19 pandemic. Further phone calls were used to consult with LODA, RDB’s Environmental Expert, the Director of the Social Affairs Unit of MINALOC and other ministries consulted. Under the current restrictions imposed by COVID-19, most of these consultations were organized virtually. Table 16 summarizes initial consultations held with various stakeholders and key outcomes. Table 16. Initial stakeholder engagement activities Date & Stakeholders Format and Outcome Location Objectives October 04- United Kingdom’s Foreign Virtual meeting Preparation mission for the follow- 12, 2021 Commonwealth and Development on project (Rwanda -Social Office (FCDO) Protection Transformation Project, Ministry of Local Government SPTP) (MINALOC) Local Administrative Entities Development Agency (LODA) National Identification Agency (NIDA) November MINALOC and LODA Physical Preparation mission for the follow- 04, 2021 consultation on project (Rwanda -Social meeting Protection Transformation Project, SPTP) Possible impacts/issues in communities 75 Date & Stakeholders Format and Outcome Location Objectives November 6, Ngororero District, Nyamasheke Physical Preparation of the project 2021 District, Gatsibo District, Huye consultation Concerns of the communities District, and Bugesera District meeting November 7, Nyamasheke District, Physical Burera Preparation of the project 2021 District, Ngororero District consultation Concerns of the communities meeting November World Bank Environmental and Virtual meeting Instruments to be developed in the 20, 2021 Social Safeguards Team Social Protection Transformation Project (SPTP) It is worth noting that this ESMF recognizes the importance of communities and opinion leaders in project planning and implementation. It acknowledges that lower-level communities and opinion leaders were not amply consulted due to limited movements and contacts imposed by COVID-19. More consultations, especially with communities and opinion leaders, will continue throughout the project life, and whenever and wherever measures and guidelines in line with COVID 19 allow, physical and face-to-face consultations will be prioritized. 7.3.2. Key outcomes of Consultation and Stakeholder Engagement at district level The table below provides a summary of the issues and concerns raised in these processes in each of the districts. For details, a list of participants by position in each district with their contacts. Table 17. Stakeholder Engagement Comments in the districts Key Comments and Comments from Response /Clarification/Comment the Leadership Is land acquisition anticipated under this The proposed project is not expected to cause significant land project and if yes who will provide funds acquisition. However, a Resettlement Policy Framework is being for compensation developed to manage potential resettlement impacts and the government will provide funds for compensation if needed. While recruiting labour, people in the During the project implementation, priority in recruitment will be project area should be prioritised. People given to the local people. need jobs and are ready to work for their development. Water is vital for the organism especially Clean water will be availed during public works. when someone is operating on hot air There is a concern that different workers There will be a health and safety policy and this will be may be involved and that may be the emphasized during the project implementation. The contractor will source of infectious diseases including prepare the health and safety management plan to be sexually transmitted diseases like implemented and the workers will have to sign a code of conduct HIV/AIDS. There is a need to have a clear to show their commitment and adherence. Condoms will be policy for infectious diseases prevention availed to help workers to prevent sexually transmitted diseases in within the community so that workers are the community and health education will be a permanent course to aware of how to behave. all project employees. In the past, districts have experienced A labour management procedure is being prepared and one of the contractors who fail to pay their workers. components is about managing contractors. Further, the project 76 Key Comments and Comments from Response /Clarification/Comment the Leadership What are the measures in place to mitigate will include payment conditions for workers in all contracts and these issues? work with districts to ensure compliance. Is there any special consideration for The project activities will pay attention to vulnerable people and vulnerable people including people with support will be provided especially for access to smart phones. disability? In terms of digital literacy, is there any The project design will consider existing training methods and special training for people living with blind work with education and training institution to address issues disability to access digital services? related to digital literacy among people with disability? Will you train the members of the Yes! The GRC members will be trained on grievance redress Grievance Redress Committee? mechanism (GRM) before the commencement of project activities. Do not worry about security. Should you We thank you for the commitment and we will be in touch, every have any incidents, inform us in time. incident will be reported immediately. Is it possible to share with us the ESMP so Yes, we will. Give us your email addresses and we will provide it. we can clearly chat out our roles in You can also access it online supervision? Sometimes workers are put in poor and The Labour Management Procedures (LMP) is being developed unsafe working conditions. and will be used to ensure that the labour policy is respected and that all workers benefit from the project. The Health and Safety Management Plan will be prepared to make sure the work is conducive to health and the working place is safe and materials including PPEs (Personal Protective Equipment) are in good conditions and are taken care of. What will happen if private land or other The project will comply with Rwandan Expropriation Law in Public properties are affected? interest. (Law N° 32/2015 of 11/06/2015) and WB ESS5. PAPs will be paid before their properties are damaged. Is there a policy for child abuse and sexual The LMP being prepared will categorically restrict and will be given harassment? to the contractor to comply to it. The contractor also will comply to the National Labour Policy. Consider recruiting the youth also for white The recruitment exercise will provide equal opportunity for all. collar and semi-skilled jobs. Given the nature of work, the recruitment criteria will include interest, ability and medical fitness to work among others. Being semi-skilled will be an added advantage. Highly skilled jobs are however, national jobs filled through media advertisement. The youth will be encouraged to apply whenever they see these advertisements. Districts staff are already overloaded and Capacity building is planned under the projects and district staffs do not have sufficient knowledge in terms will be needed for only activities that fall under their responsibility. of E&S management and compliance with For additional works, LODA will hire contractors and service international standards. Are there any plan providers. for training and Capacity building? 77 7.4. Ongoing Stakeholder Engagements Consultation and stakeholder engagement is an ongoing process and should continue during project implementation. A Stakeholder Engagement Plan (SEP) has been prepared and will be implemented with the project. This is to support and maintain good relations with the community, ensure project ownership, and to obtain feedback to inform the decision-making process. The SEP was developed and is a living document that will be refined and modified throughout the life of the project. All revisions shall be clearly marked, registered and signed off by relevant parties or departments. During this interactive process, the focus and scope of the SEP may shift in response to changing engagement needs and priorities for the project. Accordingly, the SEP will be updated after the ESMP process. Since it is practically difficult to meet every stakeholder public domain will also be used to disseminate information about the proposed SPTP. The stakeholder engagement process in this stage will also be supported using a Grievance Risk Management and Response System. 7.5. Public Disclosure The WB disclosure standard requires that safeguards instruments are disclosed in country and through the World Bank external website. These reports should be made available to project affected groups/beneficiaries and the public at large. Public disclosure of safeguards instruments such ESMF, ESMP is also a requirement of the Rwanda’s environmental procedures. LODA will disclose this ESMF, by making copies available at its head office and at District offices. Copies will be made for easy consultations every time it is needed. Further, this ESMF and associated environmental and Social Management Plans will be disclosed at LODA website. Further, LODA will authorize the World Bank to disclose electronically this ESMF and specific instruments through its external website. 8. GRIEVANCE REDRESS MECHANISM (GRM) 8.1. Overview The grievance mechanism ensures that complaints and grievances are addressed in good faith and through a transparent and impartial process, which is culturally acceptable. It does not deal with ‘concerns’ which are defined as questions, requests for information, or perceptions not necessarily related to a specific impact or incident caused by a project activity. If not addressed to the satisfaction of the person or group raising the concern, then a concern may become a complaint. Concerns are not registered as a grievance but will be managed via the project external communications plan. ▪ Complaint: An expression of dissatisfaction that is related to an impact caused by a project activity, which has affected an individual or group. Adversely, the interests of an individual or group and the individual or group wants a proponent or operator (or contractor) to address and resolve it (e.g. problems related to dust deposition, noise or vibration). A complaint is normally of a less serious nature than a grievance. ▪ Grievance: A claim raised by an individual or group whose livelihood, health and safety, cultural norms and heritage are considered to have been adversely affected (harmed) by a project activity which, if not addressed effectively, may pose a risk to the project’s operations (through stakeholder actions such as access road blockages) and the livelihood, well-being or quality of life of the claimant(s). The grievance mechanism described in this section includes grievances (hereinafter referred to only as ‘grievances’). Grievances raised by stakeholders need to be managed through a transparent process, readily acceptable to all segments of affected communities and other stakeholders, at no cost and without retribution. The grievance mechanism should be appropriate to the scale of impacts and risks presented by a project and 78 beneficial for both a proponent/operator and external stakeholders. The mechanism must not impede access to other judicial or administrative remedies. The GRM will enable the Project Authorities to address any grievances against the Project. The establishment of project level Grievance Redress (GR) will integrate with existing GR structures in the respective communities and the implementing agencies; and maintained and strengthened throughout the project lifecycle. The GRM will be closely monitored and reported throughout the project life cycle. While measures are taken to minimize and mitigate potential social and environmental risks and impacts, it is possible that the project may affect communities, individuals and firms that need to be addressed during project implementation. Grievances that relate to project workers will be handled by a separate mechanism that is included as part of the project’s Labour Management Procedure (LMP). 8.2. Objectives of the Grievance Redress Mechanism The objectives of the Grievance Redress Mechanism are as follows: - Resolve all grievances emanating from the project activities in a timely manner; - Establish relationships of trust between project staff and stakeholders; - Create transparency among stakeholders including affected persons through an established communication system; - Bolster the relationship of trust amongst the project staff and the affected parties. 8.3. Proposed GRM levels 8.3.1. Community and Lower-Level Grievance Redress Mechanism Local communities have existing traditional and cultural grievance redress mechanisms, which can be used to resolve some project related disputes at the community level, of course with some degree of involvement of and support from local leaders, the contractor(s), and project representatives at the local level. Local communities have also existing traditional and cultural grievance redress mechanisms (Abunzi committees or local mediators) established and regulated by law no. 37/2016 of 08/09/2016 determining organization, jurisdiction, and competence and functioning of Abunzi committee. These are established at cell and Sector level to solve community-based conflicts and grievances, their regulatory body being the Ministry of Justice. This mechanism cannot be overlooked by the project. The population can choose to use this channel instead of the project GRC. Concerning the Social Protection Transformation Project (SPTP), the concerned communities have mechanisms to resolve any conflict and misunderstanding. Conflicts that concern communities are addressed in the normal existing system in Rwanda, starting from Village leaders, Cell level mediators, Sector level mediators, and when necessary, the ordinary courts. There will also be committees in the communities and these will start at Sector level because SPTP will be at the sector level (a committee at the Sector level including Executive Secretaries of Cells and Village Leaders, and a committee at District level including Executive Secretaries of Sectors). Each committee will involve project affected people or concerned community members, the project representative (from the District and/or LODA), and a representative of the supervising firm. Communities will elect Sector committees. Sector committees will gather to elect District committees. 79 Based on the lessons learnt from SSPP resettlement and social audit and in keeping with the World Bank ESF, there are certain people that might be important for a grievance redress committee to be more effective. These are: ▪ The President of the committee, a community member residing in the concerned area and preferably, affected by the project, ▪ The Vice President, also a community member residing in the concerned area and preferably, affected by the project, ▪ A women representative, also a community member residing in the concerned area and preferably, affected by the project, ▪ Vulnerable group representative (if any) ▪ The Executive Secretary of the Sector or a delegated sector staff (if it is at Sector level), a representative of the Executive Secretaries of Cells (that make up the Sector) and a representative of Village leaders (for all villages that make up the Sector) ▪ One District official (if it is a District level) and representative of Executive Secretaries of Sectors It is expected that all grievance or dispute issues pertaining to the Project will be resolved at the District level. Issues that are not resolved at the level of these committees will be taken to the higher Project Coordination Unit. However, the mechanism will not prevent unsatisfied complainants to resort to the Rwandan judiciary (mediators and courts). The grievance redress committees will record all the grievances. They will record when and how they were resolved including cases that were referred to other levels (see in annexes, an example of grievance log that will be used in recording grievances). They will include these in their regular reporting. The project coordination unit will lead and record all complaints and how they were addressed. 8.3.2. Advanced Project Level Grievance Redress Mechanism Many project-related grievances are expected to be minor and site-specific. They will revolve around nuisances generated during construction (if needed) such as noise, dust, vibration, workers’ disputes, etc. These are expected to be resolved easily on site. Difficult grievances might be especially about land acquisition, land boundaries, compensation, income or livelihood loss, misunderstandings regarding access arrangements or possible severe risks. Most of these might not be resolved immediately and/or on site. If the complainant is not satisfied with the resolutions at the District project management level, the complaint is taken to the PCU at LODA. The PCU will then endeavor to resolve the complaint as soon as possible. Reporting back to the complainant will be undertaken within a period of one month from the date that the complaint was received. If measures taken by the Project Coordination Unit fail to satisfy the complainant, the aggrieved party will be free to take his/her grievance to the existing Courts. However, grievances should be resolved at the lowest level possible. It is vital that appropriate signage is erected at the sites of all works providing the public with updated project information and summarizing the GRM process, including contact details of the relevant Project Contact Person. Anyone shall be able to lodge a complaint and different methods (in person, telephone, email, social media, website, forms written in local language, suggestion boxes, etc.) will not inhibit the lodgement of any complaint. Anonymous mechanism of lodging complaints will also be allowed. The Complaints Register will be maintained by the committees and Project Contact Persons, who will log the: i) details and nature of the complaint; ii) the complainant name and their contact details; iii) date; iv) corrective actions taken in response to the complaint. This information will be included in the project’s progress reports to the Bank. 80 The project level process will only act within its appropriate level of authority and where necessary, complaints will be referred on to the relevant authority such as those indicated. 8.3.3. Grievance Channel for Gender-Based Violence When GBV related complaint is received at the first or second tier of GRM, the complaint should be kept confidential by the person receiving the complaint, and the complaint will be immediately reported to Isange One Stop Center (IOSC), a national police-led center established to provide comprehensive support to victims of GBV. The complaint should be reported to the relevant committee and immediate actions should be taken that is consistent with the wishes and choices, rights and dignity of the complainant. The complainant should be given information in simple and clear terms on the steps for filing complaints and the possible outcomes, the timelines and the types of supports available to be able to make informed decision. For GBV cases, it is important to ensure that access to the complaints processes is as easy and as safe as possible for the complainant survivor. The recording of incidence should be limited to the nature of complaint put exactly in the words of the complainant, the age of the survivor and if to the best of their knowledge, the perpetrator was associated with the project. The complainant should decide on whether they would like to be referred to the grievance committee and the complainant should give consent to share basic monitoring data. Safety & Well-Being: The safety of the survivor shall be always ensured, including during reporting, investigation, and the provision of victim assistance. Those involved in the management of complaints will need to consider potential dangers and risks to all parties (including the survivor, the complainant if different, the subject of the complaint, and the organizations involved), and streamline ways to prevent additional harm in all the complaint handling process. The survivor is never to blame for reporting an act of GBV and should never be made to feel investigated. On the contrary, it is important that she/he feels that her/his story is heard, believed and valued. The actions and responses of the complaint mechanism will be guided by respect for the choices, needs, rights, and the dignity of the survivor. Confidentiality: The confidentiality of complainants, survivors, and other relevant parties must be always respected. All GBV-related information must be kept confidential, identities must be protected, and the personal information on survivors should be collected and shared only with the informed consent of the person concerned and on a strict need-to-know basis. Survivor-Cantered Approach: All prevention and responses action will need to balance the respect for due process with the requirements of a survivor-centred approach in which the survivor’s choices, needs, safety, and wellbeing remain at the centre in all matters and procedures. As such, all actions taken should be guided by respect for choices, needs, rights and dignity of the survivor, whose agency and resilience must be fostered through the complaint process. Accessibility and non-discrimination: The mechanism must be accessible to all potential complainants and sufficient information must be given on how to access it, making the complaints process accessible to the largest possible number of people. This includes identifying and instituting various entry points that are both gender and context sensitive. To facilitate incidents reporting and avoid stigmatization, reports from third parties (witnesses, people suspicious or aware of an incident, etc.) must also follow accountability protocols. 81 8.3.4. Court of law If the case does not fall under mediation committee (Abunzi) and other Previous GRM mechanism failed to resolve the complaints, the Complainant will have the right to take the matter to the appropriate legal or judicial authority as per Rwanda National Legal procedure. Table 18. Grievance Redress Process at the Project Level Stage Process Duration 1 Step 1: The Aggrieved Party (AP) will take his/her grievance to Sector Immediately after receiving Grievance Committee and Receive and Register grievance (Email, the complaint letter, phone call, meeting, proactive, outreach) Step 2: Acknowledgement (Within 24 hours) by GRC at sector level Step 3. Screening, sorting, assessment, and unrelated grievances are referred to appropriate organs. At this stage the AP with unrelated grievances are given feedback Step 4: Define and agreed on Redressal Approach and take decision to the grievance Step 5: Provide feedback to the AP and refer the non-resolved grievance to the GRC at District level Step 6. Appeals: If AP is not satisfied, the Sector Grievance Committee will refer the AP to the District Grievance Committee. Step 7: Monitoring of implementation on agreed action. For complaints that were satisfactorily resolved by the Sector Grievance Redress Committee, the committee will inform the higher level of project management and they will log the grievance and the actions that were taken. 2 Step 1: The Aggrieved Party (AP) will take his/her grievance or GRC As soon as possible but not at sector level refer the non-resolved grievance exceeding one week after receiving the complaint Step 2: Acknowledgement (Within 24 hours) by GRC at District level Step 3. Screening, sorting, assessment, and unrelated grievances are referred to appropriate organs. At this stage the AP with unrelated grievances are given feedback Step 4: Define and agreed on Redressal Approach and take decision to the grievance Step 5: Provide feedback to the AP and refer the non-resolved grievance to the GRC at SPIU/ LODA level Step 6. Appeals: If AP is not satisfied, the District Grievance Redress 82 Stage Process Duration Committee will refer the AP to the SPIU/ LODA. Step 7: Monitoring of implementation on agreed action. For complaints that were satisfactorily resolved by the District Committee, the committee will inform the higher level of project management and they will log the grievance and the actions that were taken. 3 Step 1: The Aggrieved Party (AP) will take his/her grievance or GRC As soon as possible but not at District level refer the non-resolved grievance exceeding two weeks after receiving the complaint Step 2: Acknowledgement (Within 24 hours) by GRC at SPIU level Step 3: Define and agreed on redressal Approach, take decision to the grievance and provide feedback Step 5: Provide feedback to the AP and refer the non-resolved grievance to the GRC at SPIU/ LODA level Step 6. Appeals: If unsuccessful, the AP will be allowed to take their complaints to the existing courts. Step 7: Monitoring of implementation on agreed action. 4 Unsatisfied complainants after the resolution from the SPIU will be Any time after the resolution allowed to take their complaints to the existing courts. of the SPIU Other methods communicate with the project stakeholders by sending their recommendations, claims, and observations are summarized in the following table. Table 19. Other methods of communication with the stakeholders Methods Description Project webpage The ESF documents will be disclosed in the implementing agencies of the project – a specific webpage will be prepared for project containing project description, implementing arrangements and ESF documents including to communicate with the team, and the email, phone of contact of the concerned SPIU Environmental Specialist or Social Safeguards Specialist. Community project In a community selection point or the Administrative District, a Displaying board with project information, Display board timeline, and information of the works, contractor, announcements will be placed and box for comments/suggestions will be placed with a lock so only the environmental or social safeguards can open and respond to any messages. Any complaint from a third party can be filed using this method. E-mail, Telephone, All contacts of the environmental and social safeguards of SPIU at National level will be made public to be instant message or used by any stakeholder or third party willing to ask for information, provide suggestion or file a complaint. other media 8.4. Grievance Logbook The GRM Committee will ensure that each complaint has an individual reference number and is appropriately tracked, and recorded actions are completed. The log will contain record of the person responsible for an individual complaint, and records dates for the following events: 83 (a) Date the complaint was reported; (b) Date the Grievance Log was added onto the project database; (c) Date information on proposed corrective action sent to complainant (if appropriate); (d) The date the complaint was closed out; and (e) Date response was sent to complainant. 8.5. World Bank Grievance Redress Service (GRS) Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed to address project- related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel that determines whether harm occurred, or could occur, because of WB non- compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. 8.6. Monitoring of Complaints SPIU and Districts’ authorities will do the monitoring of complaints on regular basis. The monitoring team will be responsible for: a) Providing the sub-project Resettlement and Compensation Committee with a Monthly report detailing the number and status of complaints; b) Any outstanding issues to be addressed; and c) Quarterly reports, including analysis of the type of complaints, levels of complaints, actions to reduce complaints and initiator of such action. 9. ESMF IMPLEMENTATION AND MONITORING PLAN 9.1. Monitoring Objectives The objective of monitoring is twofold: (a) to alert project authorities by providing timely information about the success or otherwise of the environmental management process outlined in this ESMF in such a manner that changes can be made as required to ensure continuous improvement to LODA environmental management process (even beyond the project’s life); (b) to make a final evaluation to determine whether the mitigation measures incorporated in the technical designs and the ESMP have been successful in such a way that the pre-project environmental and social conditions have been restored, improved upon or, if worse than before, to determine what further mitigation measures may be required. This section sets out requirements for the monitoring of the environmental and social impacts of the subprojects. The monitoring of environmental and social indicators will be mainstreamed into the overall monitoring and evaluation system for the project. The monitoring of this ESMF implementation will be conducted by LODA/MINALOC and the key implementing institutions of this project. 84 9.2. Monitoring and reporting of Environmental and Social Indicators Two opportunities will be taken to build a simple system for the monitoring and evaluation of environmental and social impacts: a) The Environmental and Social Safeguards Specialist and District Environmental Officers will coordinate project trainers in a district and should consider the environmental and social criteria that require measurement (i.e., registered incidents/ accidents, income levels, etc.); a list of initial proposals is given below. b) Using that list of criteria, a set of indicators can be integrated into the screening forms used in the project approval process in each district. This will ensure flexibility at the subproject design stage, integration of monitoring considerations throughout the subproject cycle, as well as a participatory approach to environmental and social monitoring. 9.2.1. Initial proposals The key parameters to be considered under subprojects include monitoring of community health and safety risks, noise pollution, greenhouse gases emission and air pollution, income generation and water and soil degradation, etc. The goals of monitoring are to measure the success rate of the project, determine whether interventions have resulted in dealing with negative impacts, whether further interventions are required or monitoring is to be extended in some areas. Monitoring indicators will be very much dependent on specific project contexts. Monitoring and surveillance of subprojects will take place on a “spot check” basis as it would be impossible to monitor all the subprojects to be financed under the project. The spot checks consist of controlling the establishment of mitigation measures. It is not recommended to collect large amounts of data, but rather to base monitoring on observations by project technicians and stakeholders to determine the trends in indicators. 9.2.2. Monitoring indicators The main components of the monitoring plan include environmental issue to be monitored and the means of verification; specific areas and locations; parameters to be monitored; frequency; and institutional responsibilities for monitoring and supervision. Sites specific monitoring checklists will be prepared by the designers for each subproject and be included as an integral part of subproject approval in each village. A monitoring checklist should be prepared using the generic monitoring plan presented within this ESMF document and respecting significant site-specific impacts and proposed mitigation measures elaborated in site-specific ESMPs. The project staff, in collaboration with the District Environmental Officer (DEO) and District Social Protection Officer (SPO), will consolidate their monthly compliance reports with respect to ESCP, which document the implementation of environmental mitigation and protection measures (together with prescribed monitoring activities carried out during the reporting period) on quarterly basis and submit them to LODA who will, in turn, share the report with the Bank and REMA. However, in case of any kind of accident or endangerment of protected environments, reporting to Project Management, participating District and the World Bank will be immediate. LODA will have the authority for immediate suspension of works if its performance is found to be in serious contravention with the environmental standards and regulations. Monitoring and compliance in accordance with the ESMF and ESCP, including monitoring of implementation of subproject screening and the approval process, will be undertaken by the E&S specialist and reported in writing to LODA and the Bank. Annual Environmental Health and Safety (AEHS) reports, including monitoring indicators and reporting on the implementation of the requirements set forth in the ESCP, will be prepared by LODA and submitted for the Bank’s review. In case of fatalities or major incidents on sites, LODA will immediately report to WB. 85 In addition to the Project reports required by the World Bank, an Audit on ESMF implementation will be prepared by the Project during the Mid-Term Review and at the project end, and shared with REMA and the World Bank. The table below indicates project indicators to be monitored and reported. 86 Table 20. Monitoring indicators for Environment and Social Management for the project Monitoring Parameter/Impacts Mitigation/Enhancement Measures Monitoring Indicators Source of Data Frequency Responsibility Safeguards instruments Preparation and approval of appropriate instruments Number and type of instruments Records review As needed LODA, Districts/ contractor prepared and approved Training and Capacity building Training of staffs, workers and community Number of SPTP and District Training reports On-going MINALOC, LODA, District/ staff trained Contractor Land take prior to rehabilitation phase Full implementation of A/RAP report prior to No complaints from the property A/RAPs report Before project LODA, Contractor, commencement of works. owners affected by land Grievance logs, incidence implementation Districts grievance Where grievances in the resettlement process emerge, acquisition investigation reports committees, District steps will be taken to address the grievance through Annual audit reports grievance committees, community GRM LODA grievance committee Impacts related to property Full implementation of A/RAP report prior to Stakeholder consultation site A/RAPs reports Before and during LODA, Districts/Contractor acquisition within the road reserve. commencement of works. specific attendance registers and Stakeholder management project Stakeholder consultations shall minutes reports implementation precede project implementation to brief communities on project activities, address their concerns and promote transparency and their participation Adequate notice should be given to the affected persons Number complaints from the Survey and census Throughout the LODA and within the road reserve property owners affected by inventories project lifecycle Districts/Contractor project activities Road safety impact and occupational Only trained and professional drivers and operators Proportion of drivers and operators District/Contractor Monthly LODA and injuries should be allowed to man construction vehicles and with requisite training and employment records Districts/Contractor machinery professional documents District/Contractor Minimizing pedestrian interaction with construction Aspects of pedestrian interactions compliance reports vehicles with motorists to be part of the Collaboration with local communities and responsible induction process authorities to improve signage, visibility and overall safety LODA survey and census of roads, particularly along stretches located near schools Number of registered stakeholder inventories or other locations where children may be present. engagements and collaborations Procurement records Using locally sourced materials, whenever possible, to Number of materials available and minimize transport distances. Locating associated sourced locally in the project area facilities such as worker camps close to project sites and arranging worker bus transport to minimizing external traffic Installation of all necessary sign posts for works crossing Safety sign posts on site Consultations, monitoring Throughout LODA and roads and inspection reports. construction and after District/Contractor project completion First Aid kits should be carried around by the investigation Proportion of injury incidents Injury and illness incident Monthly LODA and teams during the A/RAP census and in each construction receiving first aid reports Districts/Contractor site Communicable diseases pose a Project workers and communities inducted & sensitized on % of sites with workers and District/Contractor Monthly LODA and significant public health threat protection of children and criminal nature of sexual communities inducted and sensitization records, Field District/Contractor worldwide. Health hazards typically engagement with children in the project sites sensitized on child, gender and visits and observations associated with large development Providing surveillance and active screening and treatment criminal effects of sexual projects are those relating to poor of workers engagement with children in the sanitation and living conditions, Utilize GBV Plan project sites sexual transmission especially Implementation and utilization of the Code of Conduct for amongst women and children and each worker, 87 Monitoring Parameter/Impacts Mitigation/Enhancement Measures Monitoring Indicators Source of Data Frequency Responsibility vector-borne Infections. Activate use of GRM throughout the project cycle Communicable diseases of most As a contractual obligation, All construction workers are aware concern during the construction contractors should have an of HIV/AIDS risk and responsible phase due to labor mobility are HIV/AIDS policy and a framework (responsible staff, living. sexually-transmitted diseases action plan, etc.) to implement it during execution of this (STDs), such as HIV/AIDS project. Creation of employment and Vulnerable and disadvantaged groups in the project area Proportion of the un/skilled District/Contractor Weekly District/Contractor, LODA business (livelihood) opportunities such as the women, youth, poor, women, youth, poor, employment records orphans, People with disability, etc., will be the preferred orphans, People with disability District/Contractor source of unskilled and semi-skilled labour provided they etc., with qualification from the PA compliance reports have the requisite qualification, competence & experience employed The project will promote procurement of materials from Number of local businesses District/Contractor Monthly The project will promote local suppliers where it is technically, qualitatively and benefiting from construction Procurement records procurement of materials commercially reasonable and feasible. related procurement Contractor compliance from local suppliers where reports it is technically, qualitatively and commercially reasonable and feasible. Ensure that locals benefit from employment opportunities Proportion of nationals in the Contractor employment Monthly LODA and Contractor and observe the national labour laws project labour force records Temporary business disruptions due Works should be planned for out of business peak hours Number of community complaints RAPs Report, Field Visits Monthly Contractor, to trenching in urban centres and (night) and days (weekends) to minimize inconveniences lodged over disruptions Districts, LODA markets in rural areas to businesses Communities should be sensitized on road use during Number of complaints from Awareness reports Throughout LODA and Contractor construction. communities long the project area construction period Noise, vibration and air quality Only equipment and vehicles in good working order will be Complaints of DMC equipment and Field consultations with Daily District Engineer, LODA used vehicles in use District Engineer, Complains and Contractor from Regular inspection of vehicles, machinery and equipment Proportion of vehicles, machinery Inspection records of Daily Inspection, District used in the operation according to manufacturer and equipment inspection and vehicles, machinery and Engineer, LODA and inspections to ensure that they are in good working serviced according to equipment Contractor condition manufacturer specifications field consultations with Traffic Police and District Engineer Noise-prone activities will not be implemented between Complaints of excessive noise Community observations Daily District Environment the hours of 6 pm. and 6 am from construction areas from Contractor compliance Officer, LODA and between the hours of 6 pm. and 6 reports, Field visit District Contractor am Environment Officer Observe the 75 dBA and 65 dBA National regulation limits Complaints of noise levels beyond Field visit consultations with Daily District Environment for day and night time noise levels respectively the 75 dBA and 65 dBA NEMA the district Environmental Officer LODA, Contractor regulation limits for day and night office time noise levels respectively Occupational Health and Safety risks All manual equipment such as pickaxe, Pick Mattock, Complaints of workers hurt by pick, Occupational health and Monthly REMA Cutter Mattock, etc., should be sturdy and firmly fixed mattock, hoe, etc. safety risk incidence Contractor inventories District labour officer Only trained and professional drivers and operators Proportion of drivers and operators Contractor employment Monthly District Engineer, LODA should be allowed to man construction vehicles and with requisite training and records, Contractor and Contractor machinery. professional documents compliance reports 88 Monitoring Parameter/Impacts Mitigation/Enhancement Measures Monitoring Indicators Source of Data Frequency Responsibility All open trenches and excavated areas should be Number of pedestrians and Site visits, complaints filed Daily LODA backfilled as soon as possible after cable laying and vehicles falling into trenches in Police, Districts construction has been completed. Open trenches or Reports from safeguards REMA ongoing excavation shall be provided with adequate staff barriers/fences, appropriate signage and should be illuminated at night. Construction workers should be provided with and Proportion of workers provided Reports from ESS Daily LODA enforced to wear suitable Personal Protective Equipment with and enforced to wear suitable compliance staff REMA (PPE) including hard hats, overalls, high-visibility vests, Personal Protective Equipment Contractor safety boots, gloves etc. (PPE) District Labour Officer Clear signage should be used near project sites Public & worker complaints on lack Reports from ESS Daily LODA of signage compliance staff Contractor Traffic Police Training of workers and community members on safety Training reports Reports from ESS Daily LODA, precautions. compliance staff Contractor Traffic Police Community and workers training on potential of disease Training reports Field visits, documentary Daily LODA, transmission such as HIV/AIDs, Hepatitis, Gender Based review Contractor Violence and Child abuse REMA Documentation of Accidents and actions taken Evidence of accidents Reports from ESS Daily LODA, Contractor, REMA documentation compliance staff District Labour inspector Ensure latrine, bathroom and accommodation facilities are Evidence of separate Reports from ESS Daily LODA, separate according to sex latrine, bathroom and compliance staff Contractor, REMA accommodation facilities by sex Labour inspector Construction traffic related accidents Trenching across roads and project vehicles and trucks Evidence of trenching across Reports from traffic wardens Daily LODA, and traffic interference movement should be scheduled during general traffic off- roads and project trucks moving and safeguards staff Contractor, REMA peak hours during traffic peak hours Labour inspector Employ safe traffic control measures, including temporary Evidence of traffic control Reports from ESS Daily LODA, road signs and flag persons to warn of dangerous measures compliance staff Contractor conditions and on-going road construction works or Traffic Police diversions Trucks carrying construction materials will be covered with complaints of people being hit by Reports from ESS Monthly LODA, tarpaulin or appropriate polythene material from or to objects from moving project truck compliance staff Contractor project site Traffic Police Labour inspector Attach speed limits to vehicles that will use the Road complaints of over speeding by Field visit consultations Monthly LODA, project vehicles Contractor Traffic Police Labour inspector Documentation of Accidents and actions taken Evidence of accident Reports from ESS Daily LODA documentation compliance staff Contractor Traffic Police Labour inspector Increased susceptibility to soil Stripping of vegetation shall be restricted to existing road Evidence of restricted stripping of Field visits and Daily LODA, Contractor, District erosion during rainy seasons reserves and diversions to transmission sub-stations vegetation to the road reserve and consultations with the Environment Officer diversions to District Environment Officer Use aerial transmission poles in erosion prone spots Evidence of eroded mass from Field visits and Daily LODA, Contractor, District project sites consultations with the Environment Officer District Environment Officer 89 Monitoring Parameter/Impacts Mitigation/Enhancement Measures Monitoring Indicators Source of Data Frequency Responsibility The Contractor will preferably deal with local borrow The legal status of local borrow Field visits and Daily LODA, Contractor, District material suppliers material suppliers consultations, audit of Environment Officer certified by Rwanda Mining Board and REMA supplier documentation Construction waste generation Trenching spoil material should be used for backfill Evidence backfilled trenches Field visits and Daily LODA, Contractor, District consultations Environment Officer All wastes should be collected in gazetted areas and Records for wastes generated and Field visits and Daily LODA, Contractor, District sorted disposal practice consultations Environment Officer Establishing a waste management hierarchy that considers prevention, reduction, reuse, recovery, recycling, removal and finally disposal of wastes. Contractor should seek guidance of local environmental Reports of illegal waste dumping in Field visits and Daily LODA, Contractor, District officers to identify acceptable disposal sites for oily/ fuel non-designated areas consultations Environment Officer waste Records of waste disposal records of waste disposed of. Where it does not exist for hazardous wastes, a RURA Reports of illegal handling of Field visits and Daily LODA, Contractor, District certified waste handler should be contracted hazardous waste by un licensed consultations Environment Officer companies Contractors should induct their drivers and Induction and sensitization reports Field visits and Daily LODA, Contractor, District sensitize them on safe transportation of the rubble and for drivers consultations Environment Officer cut-to-spoil materials to the final disposal site Traces of waste spillages along transportation routes Implementing fuel delivery procedures and spill prevention Evidence of fuel delivery Field visits and Daily and control plans applicable to the delivery and storage of procedures and spill prevention consultations LODA, Contractor, District fuel for backup electric power systems, preferably and control plans Environment Officer providing secondary containment and overfill prevention Availed spillage contingence plan for fuel storage tanks E-Waste Contractors should undertake waste segregation to Waste segregation practice reports Field visits and Daily LODA, Contractor separate e-waste from waste consultations District Environment Officer Sign an MoU with national E-waste facility for collection, MoU Observation Once District/ LODA transport Recycling and Disposal of E-Waste Ensuring that new support equipment does not contain Manufacturer equipment Field visits and Daily LODA, Contractor PCBs or ODSs. PCBs from old equipment should be specifications consultations District/Environment managed as a hazardous waste Officer RURA REMA Purchasing electronic equipment that meets international Manufacturers’ Specification Field visits and Daily LODA, Contractor standards records consultations District/ Environment Phase out requirements for hazardous materials contents Officer and implementing procedures for the management of RURA,RSB waste from existing equipment according to the hazardous waste guidance in the General EHS Guidelines. Considering the implementation of a take-back program Equipment purchase and handover Field visits and Daily LODA, RURA, Operators for consumer equipment such as cellular telephones and agreements consultations their batteries. Review of regulations and the strategic electronic waste Regulations rollout amongst Field visits Monthly LODA, REMA RURA management plan to cater for e-waste disposal options in project teams and country at large Publications of new and outside the country Presence of e-waste management legislation and strategic plan facilities or know collection points Water pollution Maintenance and cleaning of vehicles, trucks and Project vehicles cleaning and Field visits and Daily LODA, Contractor 90 Monitoring Parameter/Impacts Mitigation/Enhancement Measures Monitoring Indicators Source of Data Frequency Responsibility equipment should take place offsite and away from water maintenance records consultations District sources and conservation areas Environment Officer All the wastes should be collected in areas separate from Records for water sample analysis Field visits and Daily LODA, Contractor the surface water bodies such as streams Evidence of garbage/refuse, oily/ consultations District fuel waste in drains Environment Officer Recycling or proper disposal of all waste Waste recycling or disposal Field visits and Daily LODA, Contractor lubricants and oils records consultations Constructor should provide latrine facilities for Evidence of latrine facilities on site Field visits and Daily LODA, Contractor construction workers to avoid indiscriminate consultations District Environment Officer Visual and Aesthetic Impacts, i.e. Limiting vegetation clearance to the road reserve The extent of the project foot prints Field visits and Daily LODA, Contractor Alteration of visual and aesthetic in conservation areas. consultations District quality of sites Evidence of re-vegetation Environment Officer Any areas that were cleared of vegetation but are not The extent of the project foot prints Field visits and Daily LODA, Contractor paved should be planted with grass indigenous to those in conservation areas. consultations District areas. Environment Officer Restoration of quarry and borrow pit sites opened by the Public complaints Field visits and Daily LODA, Contractor contractor to as far Presence of an appropriate consultations District as is possible their original conditions restoration plan Environment Officer Buying materials from only suppliers with evidence of Evidence of compliance with Field visits and Daily LODA, Contractor compliance with Statutory requirements for commercial statutory requirements for consultations District sources in place. commercial sources in place. Environment Officer Proper storing and disposal of all wastes generated to Waste storing and disposal Field visits and Daily LODA, Contractor appropriate gazetted areas with the help of REMA records consultations District certified service providers Environment Officer Occupational Health and Safety Risk Only qualified and certified workers shall be employed to Reports of injuries during Accident log. Bi-annually LODA, Contractor during installation install, maintain, or maintenance repair any equipment onsite Maintenance workers will be provided with adequate PPE to limit their risks to works accidents. Such PPE will include gloves, helmets, safety belts for working in heights, and any other as deemed necessary. A first Aid kit will be kept onsite whenever there are maintenance activities. This will help in administering the first help in an event of injury of any operation staff. Gender-based Violence The program facilitators are aware on GBV, SEA and SH Number of cases of GBV/ SEA/ SH District report quarterly LODA, District (GBV)/Sexual Exploitation and Abuse prevention measures and protocols and awareness will be reported (SEA)/Sexual Harassment (SH) made on risk of GBV, SEA, SH and domestic violence and on prevention measures. Number of workers trained All facilitators will be made aware of law n°59/2008 of 91 Monitoring Parameter/Impacts Mitigation/Enhancement Measures Monitoring Indicators Source of Data Frequency Responsibility 10/09/2008 on prevention and punishment of gender- based violence. Utilize GBV Plan Impact of labor condition and labor Train workers and communities on health and safety, on Number of workers trained District report quarterly LODA, District risk communicable diseases; Covid19 risks and prevention measures, and project Covid19 plan. Educating project personnel, and area residents on risks, prevention, and available treatment for vector-borne diseases; No child and/or forced labor will be employed by project; Working conditions and terms of employment will be fully compliant to the Rwandan labor laws. 92 9.3. Evaluation of Results The evaluation of results of environmental and social mitigation can be carried out by comparing baseline data collected in the planning phases with targets and post-project situations. Several indicators would be used to determine the status of affected people and their environment. To assess whether these goals are met, the SPIU coordinator will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The following are some pertinent areas and questions to be used to evaluate the ESMF implementation process, mitigation plans and performance. ✓ Were field staff and stakeholders (District staff mostly) trained in safeguards compliance? ✓ How many villages’ projects were screened and which environmental and social risk categories assigned? ✓ How many consultation meetings with project beneficiaries and stakeholders organized in each District; who attended, what was discussed and what were the participants’ concerns on the subproject? Were all concerns addressed, what is their current implementation status, if any? ✓ % of grievance cases have been settled within one year? ✓ How many subprojects were screened? 9.4. Monthly and Quarterly Reviews Quarterly reviews will be undertaken by Project Environmental and Social specialists and are necessary to: ✓ Ensure that subprojects are complying with the processes established in the ESMF/ESMP; ✓ Ensure that subprojects are compliant with the conditions and requirements stipulated in the ESCP; ✓ Identify challenges and opportunities in order to improve programme performance; and ✓ Be able to determine the cumulative impacts of the Programme to establish attainment of the ESMF objectives. The review session will produce consolidated quarterly E&S reports for each District. It is wise to conduct these workshops every year to make timely improvement in the Programme performance. The quarterly and annual Review reports will be presented to the project meeting on a quarterly and annual basis to ensure that the project activities are implemented in an environmentally sound manner. 9.5. Environmental and Social Auditing The purpose of environmental and social safeguards auditing is to establish the level of compliance with World Bank environmental and social framework as well as national policy and regulatory requirements. The SPTP Management Team will be responsible for ensuring that environmental and social audits are carried out at mid-term review and project end. The audit reports will be shared with World Bank, REMA and participating Districts. 9.6. Monitoring Roles and Responsibilities a) World Bank As stated above, the implementation of this project will be undertaken by LODA. The World Bank, as financier, will advise the client and conduct support missions as part of due diligence. It was agreed that the project will comply with the World Bank ESF, therefore, the Bank will clear all safeguards instruments prepared under the project. Their roles will include monitoring and evaluation of the implementation of the ESMF. The World Bank is a financier of this project, and its role will include review and conduct due diligence on the implementation of the ESMF within the budget of Project and to ensure that compliance is achieved as per the requirements of the ESMF. b) LODA LODA is the implementing agency of the project. It will provide overall coordination and management of the project and will work under a Project Steering Committee comprising the Ministries in charge of ICT, finance and local government. Regarding monitoring, the LODA SPIU will provide overall coordination in monitoring 93 including coordinating training in collection and analysis of monitoring data for data collectors. The Project Monitoring and Evaluation staff will be primarily responsible for ensuring compliance to the monitoring framework. LODA will lead the team of trainers (Sector level trainers) in a district. They will undertake review of the monitoring reports emanating from fields during works implementation and will then submit these monitoring reports upon approval to REMA and the World Bank. The critical role of LODA will include data analysis as well as maintenance of management information systems and all baseline data. Further, LODA will implement all the necessary modifications in the monitoring framework. c) Rwanda Environment Management Authority (REMA) REMA will inspect the compliance with environmental safeguards by the Project. REMA should monitor the reports on a quarterly basis. It will rely on a bottom-up feedback system by going through the monitoring reports and making regular site visits to inspect and verify for themselves the nature and extent of the impacts and the success of the mitigation measures. d) Rwanda Development Board (RDB) RDB was created by Law N° 53/2008 of 02/09/2008. It has a mission of improving the well-being of all Rwandans by fast-tracking development, catalyzing sustainable economic growth, and creating prosperity for all. This a one stop institution bringing together several government bodies in Rwanda focused at promoting investment in Rwanda. Initially the responsibility for reviewing and approving EIA reports was entrusted to REMA, this duty has now been transferred to Rwanda Development Board (RDB) where a department of EIA has been created and tasked with review and approvals of all EIA reports for proposed projects and programmes before they are approved for implementation. Under SPTP, RDB might not need to review and clear EIA/ESMP because SPTP has been classified in projects that might not need ESIAA Certificate. e) Districts Participating Districts will assist in mobilization of local communities in the project intervention areas for the adoption and ownership of the project activities. Through the district environmental officer, the district will monitor on daily basis the implementation of safeguards measures reflected in the safeguards documents. 10. INSTITUTIONAL ASSESSMENT, CAPACITY BUILDING AND TECHNICAL ASSISTANCE 10.1. Introduction The effective implementation of this ESMF will require technical capacity in the human resource base of implementing institutions as well as logistical facilitation. The implementers need to understand inherent social and environmental issues and values to be able to clearly identify their indicators. While preparing this ESMF, an institutional assessment identified strengthening needs on social and environmental evaluation, screening, mitigation and monitoring. 10.2. Institutional Assessment and Capacity building The overall project management will be the responsibility of LODA. At the site level, the project will be implemented by contractors and service providers with the support of districts. LODA is in the process of recruiting staff for the Single Project Implementation Unit (SPIU). The SPIU Structure will include two ESF Staff: An Environmental Safeguards Specialist and a Social Safeguards Specialist. Both will be responsible for managing all environmental and social safeguards responsibilities. Given the moderate risks associated with the proposed project, two ESF Staff (Environmental & Social Safeguards experts would be enough to manage E&S risks. 94 However, it is recommended that training sessions incorporating aspects proposed in this framework especially on occupational health and safety will be provided. At the local level, Districts have environmental officers (DEO) and for some of them, it will be the first time to participate in a project complying with the ESF. Therefore, LODA will conduct training of District Environmental officers so that they can participate in project monitoring and due diligence at the site level and link with the Project E&S specialist. Depending on subprojects funded under the proposed project, LODA may recruit a short-term consultant to train and assist Project team and communities on environmental and social management during project identification, environmental screening and preparation of safeguards instruments as required. 10.3. Human Resource Capacity Requirements The capacity of Environmental and Social Safeguards Specialists as well as the capacity of SPIU staff will need to be strengthened, especially on the new ESF/ESSs specifically on environmental and social standards applied to these projects. For the purpose of this ESMF, capacity building should also target other actors at various levels. This includes, but is not limited to, District and sector level staff (who support the planning and implementation of sub-projects that includes Finance officers, Technical advisors, and M&E Officer, who support review and approval of village sub-projects, including through the use of the ESIA screening tool), and the users of the GRM such as GRC members and local communities. Training will be designed to enhance the skills on environmental and social impacts so that they are able to implement the proposed ESIA screening process, GRM, and mitigation measures appropriately. The proposed trainings should cover: ✓ Overview on project design, WB Environmental and Social Framework specifically on development, implementation and monitoring of site-specific safeguards instruments such as A/RAP, ESMP and OHS and Rwanda safeguards regulations; ✓ Overview of the screening process and requirements; ✓ Rationale for using screening form and Environmental and Social Checklists; ✓ Identification of environmental and social impacts and significance levels according to World Bank and the Government of Rwanda; ✓ GRM operations and reporting. The objective of the environmental and social safeguards trainings is to equip these technical staff with the necessary skills to implement the E&S instruments in line with this ESMF and ensure that the project activities are socially and environmentally sustainable. SPIU staff will conduct these trainings, in consultation with World Bank Environmental and Social Safeguards Specialists 10.4. Technical Capacity Enhancement Mobilization meetings, awareness campaigns and trainings on environmental and social safeguards will be required for the following institutions and personnel: SPIU staff, Local Government Authorities (District environment officer, JADF officer, District Social protection officer, Sector Social affairs, Executive Secretary of Cells and SEDO) in Districts covered by the project, Community based facilitators (CBF); Site specific Grievance Redress Committees (GRCs); and Village members. 95 11. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS AND ESMF BUDGET The Environmental and Social Management framework implementation and budgeting process presented under this section considers institutional arrangements required to implement the environmental actions and an estimated cost for its implementation. 11.1. Institutional and Implementation arrangement A Single Project Implementation Unit (SPIU) will be set up within LODA. The SPIU will oversee all project- related fiduciary functions, including financial management (FM), procurement, M&E, environmental and social commitments, etc. The SPIU will be staffed with requisite experts. The SPIU structure aligns with guidelines provided by the Ministry of Public Service and Labour (MIFOTRA). The project will ensure that technical staff transfer and provides hands on training to ministries staff. This approach would help to ensure sustainability at project close closure. A series of Ministries/Agencies will support the SPIU at LODA with respect to project sub-components. This includes providing technical inputs, supporting quality assurance, and on-the-ground implementation for various activities financed. A main technical counterpart or lead per sub-component will be identified/established, which will each chair a sub-component specific technical committee, with one committee established per sub-component, which is also envisioned to include key MDAs critical to the successful delivery of sub-component related activities and deliverables. Memorandums of understanding (MoUs) may be established between LODA and participating MDAs, where required, at the start of the project, and roles and responsibilities will be captured in the project implementations manual (PIM). LODA will maintain the role as central coordinator and convener of all committee meetings. A Project Coordination Team (PCT) will be set up to provide strategic oversight and governance for the project. The PCT will be chaired by MINALOC and the Director General of LODA will be the Co-chair. Its members will include representatives of the main technical lead institutions for each sub-component. MDAs are expected to play a consistent role across project components to provide technical inputs on implementation. In addition, the PCT will also include representatives from the Civil Society Organization, Faith Based Organization Non-Government Organization through the International Non-Governmental Organisations (INGOs) to facilitate continuous dialogue with the private sector and end beneficiaries. The mandate of the PCT will include (i) responsibility for review of project progress, (ii) provision of strategic guidance and recommendations over project implementation, and (iii) coordination of the involvement of the relevant Government agencies in the project. 11.2. Results Monitoring and Evaluation Arrangements The SPIU will be responsible for monitoring achievement towards the PDO and intermediate indicator, based on the Results Framework detailed in section 8. It will do so by ensuring that the SPIU is staffed with an M&E Specialist, tasked with coordinating M&E centrally, and by ensuring that an adequate M&E system is established based on the M&E plan. The status of project implementation will be documented in progress reports prepared on a semi-annual basis and submitted to the WB for review. These will include updates on results, disbursements, FM, M&E, procurement etc., and social as well as a work plan. Built-in systems for tracking results and satisfaction surveys will be leveraged to support citizen engagement and solicit beneficiary feedback. Related tools will be embedded directly in project delivery to ensure feedback in real time, using digital tools and systems to register beneficiaries and report their feedback (e.g., using tablet-based or rapid mobile/short message service survey tools). Beneficiary focus groups will also be leveraged to inform design and track progress over time. 96 Table 21. Role and responsibilities in the ESMF implementation No Activity Responsible institutions 1 Sub-project brief preparation and ToRs (if required) LODA through its hired consultant 2 Sub-project Screening and screening Checklist LODA and participating Districts 3 Preparation of terms of reference LODA, World Bank and RDB 4 Approval of terms of Reference RDB and/or the World Bank 5 ESMP study (if relevant) Consultant hired by LODA 6 Review of Screening report and related safeguard instruments LODA including ESMP report and Livelihood Restoration Plan Participating Districts World Bank 7 Approval of ESMP and LMP and Issuing clearance World Bank 8 Implementation of the ESMF LODA and participating Districts 9 Implementation of ESMPs LODA Participating Districts REMA 10 Monitoring of safeguards implementation LODA and Participating Districts REMA World Bank 11.3. Disclosure of ESMF Following its preparation by the LODA/MINALOC and clearance by the World Bank, the SPTP ESMF will be disclosed by making copies available at the MINALOC head office, Project website and to local government agencies and other stakeholders. The site specific ESIA or ESMP reports will also be disclosed by making copies available at MINALOC head office, Project website, District headquarters, District websites, local government agencies, REMA and other stakeholders of the SPTP. The Government of Rwanda will also authorize the World Bank to disclose this ESMF electronically through its external website. 11.4. ESMF Implementation budget The budget for the implementation of this ESMF will come from project budget and will mainly consist of the preparation of safeguards tools. The cost for mitigation measures will be included in the ESIAs or ESMPs. The table below shows the estimated cost for the implementation of the ESMF for the proposed project. Table 22. Estimated budget for the implementation of ESMF Unit Cost Total Cost Item Unit Quantity (US $) (US $) Preparation of safeguards instruments ESMPs (where relevant) Study 30 5,000 150,000 Subtotal 1 150,000 Capacity building Training of project beneficiaries and Training 30 5,000 150,000 stakeholders and awareness sessions Subtotal 2 150,000 Project Monitoring SPIU staff mission allowances Missions 240 500 120,000 Subtotal 3 120,000 Environmental and Social Audits Consultants Study 1 50,000 50,000 Subtotal 4 50,000 Total Contingency (5%) 21,100 Grand Total 491,100 97 The total cost for ESMF implementation, including safeguards documents preparation if required, monitoring of ESMPs, capacity building, auditing and workshops for unit performance review is estimated at US$ 491,100. It assumed that all subprojects environmental studies in a district can be compiled into one report and one overall environmental audit will be conducted. 12. CONCLUSION AND RECOMMENDATIONS This Environmental and Social Management Framework (ESMF) has been prepared in order to guide project planners, implementers and other stakeholders to identify and mitigate environmental and social impacts in the context of the Social Protection Transformation Project. The ESMF provides project implementers with an environmental and social screening process that will enable them to identify, assess and mitigate potential environmental and social sub-projects’ impacts, in accordance with Government of Rwanda Environmental law and the World Bank Environmental and Social Framework and EHS guidelines. The implementation of the project will have positive and negative environmental and social impacts. The negative impacts will be mitigated following the ESMF guidelines. Successful implementation of this ESMF will depend to a large extent on the active participation of different key stakeholders (MINALOC, REMA, RDB, LODA, Districts, private operators, academics, researchers and local communities). To be successful it is recommended that: • Environmental and social awareness and education for the key stakeholders and affected communities be an integral part of the ESMF implementation. • SPIU staff, District Environmental Officers, District Social Protection officers, Sector Social affairs and Sector land managers should be adequately trained to implement the screening process, and where required to help develop and to implement appropriate Environmental and Social Management and Monitoring Plans. They should be empowered to adequately administer the ESMF and should be given the necessary support and resources to ensure effective implementation. • This ESMF should be regularly updated to respond to changing local and environmental conditions and should go through the national approval processes, reviewed and approved. It should also incorporate lessons learned from implementing various Components of the project activities. 98 REFERENCES 1. Environmental Agency (2002) Noise Management at Intensive Livestock Installations, 24p. 2. FAO (2017) Livestock Solutions for Climate Change. 8p. 3. GoR (2017) National Strategy for Transformation (2017-2024) _NST1; 4. Government of Rwanda (2018) Law on Environment. Official Gazette no Special of 21/09/2018. 5. MIFOTRA (2018) Law N° 66/2018 du 30/08/2018 Regulating Labour in Rwanda; 6. Ministry of Environment (2013) Law governing on land 7. Ministry of Environment (2019) Rwanda National Environment and Climate Change Policy, 59p. 8. MoE (2018) The Law (No. 48/2018 of 13/08/2018) on Environment determining the modalities for protecting, conserving and promoting the environment; 9. MoE (2019) Ministerial Order No 001/ 2019 of 15/04/2019 establishing the list of projects that must undergo environmental impact assessment, instructions, requirements and procedures to conduct environmental impact assessment 10. National Institute of Statistics of Rwanda (2018) EICV5 11. REMA (2006) General guidelines and Procedure for Environmental Impact Assessment. 12. REMA (2017) Rwanda State of Environment and Outlook Report, Achieving Sustainable Urbanization, 252p. 13. RLMUA (2019) Rwanda National Land Policy. 14. Rwanda Governance Board (2018) Governance Scorecard Report 15. UNDP (2011) Human Development Report; Sustainability and Equity: A Better Future for All; available at http://www.us.undp.org/content/dam/undp/library/corporate/HDR/2011GlobalHDR/English/HD R_2011_EN_Complete.pdf 16. World Bank Group (2017) Environmental and Social Framework. Available at http://documents.worldbank.org/curated/en/383011492423734099/pdf/114278-WP-REVISED-PUBLIC- Environmental-and-Social-Framework.pdf 17. World Bank (n.d.) HOW-TO NOTES Feedback Matters: Designing Effective Grievance Redress Mechanisms for Bank-Financed Projects. Part 1: The Theory of Grievance Redress. Available at https://openknowledge.worldbank.org/handle/10986/12524 18. World Bank (1998) Pollution Prevention and Abatement Handbook: Towards Cleaner Production. Washington, D.C 19. World Bank (1999) Manual of Environmental Assessment: Policies, Procedures and Questions Sectorial 20. World Bank (2005) Environmental and Social Framework for World Bank Projects with Multiple Small‐scale subprojects. Africa Region. 99 ANNEXES Annex 1: Environmental and Social Screening Matrix Comments Sl. (In the case select "yes", Screening Questions Yes No No provide detailed information) 1 Project’s siting: Define project’s boundaries and area of influence Is the project site adjacent to or within any of the following sensitive receptors? Natural habitats and/ or legally protected areas (wetlands, forests, estuary, buffer zones, nature reserves); if yes, is there possibility of a critical habitat present?5 Cultural heritage site Fragmentation of habitat of flora and fauna (Avifauna and mammalian fauna)? Is the proposed site located on agricultural land? Is the proposed site located on area used by vulnerable groups Unique or aesthetically valuable land Is the proposed site located nearby airport Is the proposed site located in migratory route of birds 2 Potential Environmental Impacts Impacts on natural resources that constitute livelihoods of community (e.g. grazing or hunting grounds)? Disfiguration of landscape? Is there potential for landslide and soil erosion impacts? Increase in waste generation? Waste water from camping sites to be directly discharged to the surface water resources or not? Construction waste directly discharged to the surface water? Other potential biodiversity impacts (specify)? Loss or destruction of unique or aesthetically valuable land Disturbance of large areas due to material quarrying Disposal of large quantities of construction spoils 3 Potential Community and Occupational Health and Safety Impacts Will the construction works disturb other commercial/community/residential activities? Will the project create major noise/vibration? Closest residence to the solar panel Will it create dust problem around the sites? Will project’s construction cause disturbance to the transportation in the project’s site? Will batteries be removed/disposed (lead-acid or nickel-cadmium batteries) from battery- powered or battery-backup items? Will there be social conflict in case of workers hired from other region? 4 Potential Social Impacts Permanent land acquisition Temporary land acquisition Type of land Private land Public land Government land Leasehold land Type of land procurement Voluntary land donation (VLD)6 Involuntary acquisition Negotiation Loss of productive land Impacts on livelihoods/ economic displacement? Is there any household need to be relocated? Is the resettlement site environmentally and/or culturally sensitive? 5 Critical habitat is defined based on global good practice as a subset of both natural and modified habitat that deserves particular attention. Critical habitat includes areas with high biodiversity value that meet the criteria of the World Conservation Union (IUCN) classification, including habitats of significant importance for required for critically endangered or endangered species as defined by the IUCN Red List of Threatened Species; habitats of significant importance for endemic or restricted-range species; habitats supporting globally significant concentrations of migratory species and /or congregator species; areas with unique assemblages of species or which are associated with key evolutionary processes. Primary Forests or forests of High Conservation Value shall be considered Critical Habitats. This includes HCV forests. HCV areas do not directly correspond with definitions for modified, natural, and critical habitat. The HCV Resource Network, an internationally recognized group, provides information and support on the evolving usage of HCV to ensure a consistent approach. https://www.hcvnetwork.org/. 6 Voluntary land donation is strictly defined in international practice as the ceding of a property by an owner who is: a) fully informed; and b) can exercise free will, i.e., can refuse to sell or t o donate. “Fully informed” means that the owner has complete information regarding the proposed activity and its impacts, its land requirements and its alternate activity sites, as well as his or her rights to compensation. The owner has also been provided with sufficient time to consider his or her disposition of the property, and the owner has knowingly rejected the right to renege on his or her initial decision. “Free will” means that the owner can reject the po ssibility of giving up his or her land. 100 Comments Sl. (In the case select "yes", Screening Questions Yes No No provide detailed information) Project’s construction will cause any damage to the existing local roads system? Will soil excavation during project’s construction cause soil erosion? Will project need to open new access roads? Will project cause encroachment on historical/cultural/religious areas? Acquisition of private land leading to loss of shelter and livelihood Involuntary land taking resulting in loss of income, livelihood, sources of livelihood, loss of access to common property resources and/or private residential and/or property resources Adverse impact to women including economic and safety concerns Possible conflicts with and/or disruption to local communities Significant issues raised by the stakeholders during consultation Uncontrolled human migration into the area, made possibly by the subproject activities Disproportionate impacts on the poor, children and other vulnerable groups Community health and safety risks due to the transport, storage, and use and/or disposal of materials likely to create physical, chemical and biological hazards Risks to community safety due to both accidental and natural hazards during project construction and operation Is the sub-project found in the list of project that require ESIA or partial ESIA as per the Ministerial Order No001/2019 of 15/04/2019 establishing the lists of projects that must undergo environmental impact assessment, instructions, requirements and procedures to conduct environmental impact assessment ? If the answer to any of the questions is “yes”, Environmental and Social Impact Assessment) is required and the subproject is not eligible If the answer to any of the questions related to land acquisition is “yes”, A full Resettlement Action Plan is required and the subproject is not eligible under this project DECISION MAKING: Refer to Ministerial Order No001/2019 of 15/04/2019 and donor classification criteria o ESIA required :…………….( ✓Yes)……… (✓No) o Full Resettlement Plan required: …………. (✓Yes)……….. (✓No) CERTIFICATION We certify that we have thoroughly examined all the potential adverse impacts of this sub-project as described in the sub-project brief. To the best of our knowledge, the associated safeguard instruments (ESIA, ESMPs, RAP) if any, will be adequate to avoid or minimize all adverse environmental and social impacts. Social & Environmental Specialist Name: Phone Number Signature: 101 Annex 2: Sample Scoping Matrix Province: District: Date: Project Name: Location: Issue Degree* Comment Land Resources Worksite/Campsite Areas Excavation Areas Disposal Areas Others Water Resources & Hydrology Sources of Water for Construction Drainage Issues Others Biological Resources Special Trees/Vegetation around Protected Areas directly affected Others Air Quality & Noise Special issues (e.g. quiet zone for hospital) Residential Areas Socio-Economic & Cultural Involuntary Resettlement** Graveyards and Sacred Areas affected Cultural Resources Population affected/provided access Others *Degree: N = Negligible or Not Applicable L = Low M = Moderate H = High **If yes, indicate # of persons likely to be affected and nature of the effect 102 Annex 3: Sample forms for Alternative comparison and ranking • Comparison of alternatives Alternative Merit (advantages) - Demerit (disadvantages) 1 Option 1 - 2 Option 2 - 3 Option 3 - - 4 No-project option - - • Ranking of alternatives Evaluation criteria Option 1 Option 2 Option 3 Without Projects Remark Achieving Development Goal Development technology Construction Cost Operational Cost Operation Requirement Climate Change Adaptation Environmental Impact Social impact Overall Annex 4: Impact identification checklist Item Rating in each phase Impact predicted and Reason of the rating (A to D) in each phase Planning Construction Operational Pollution control / Public Nuisances Air pollution Water pollution Solid Waste and/or Industrial Discharge Soil Contamination Noise and vibration Ground subsidence Odor Sediment Natural Environment Geographical Conditions Geological Conditions Soil Erosion Fauna and Flora Groundwater Water Body (River, Lakes, etc) Natural/Ecological Reserves and Sanctuaries Local Climate Global warming Social Environment Involuntary Resettlement Poor, indigenous, or ethnic people Local economies (employment, livelihood, etc.) Land use and utilization of local resources Water Use and water users Existing social infrastructures and services Social institutions and community Misdistribution of benefits and damages Local conflicts of interest Cultural heritage Landscape Gender and Children’s rights Infectious diseases such as HIV/AIDS Working conditions (including occupational safety) Public Hygiene Accident and Hazard 103 Annex 5: Sample Impact evaluation and significance matrix Evaluation matrix Nature or Status of the Impact: The type of effect the activity would have on the environment Status Description Positive: a benefit to the holistic environment Negative: a cost to the holistic environment Neutral: no cost or benefit Duration of the Impact: The lifetime of the impact Score Duration Description 1 Short term Less than 2 years 2 Short to medium term 2 – 5 years 3 Medium term 6 – 25 years 4 Long term 26 – 45 years 5 Permanent 46 years or more Extent or Scale of the Impact: The distance from source that impacts may be experienced Score Extent Description 1 Site specific Within the site boundary 2 Local Affects immediate surrounding areas 3 Regional Extends substantially beyond the site boundary 4 National Affects country 5 International Across international borders. Reversibility of the Impact: To what degree its influence on the relevant environment can be negated. Score Reversibility Description 1 Completely reversible Reverses with minimal rehabilitation & negligible residual affects 3 Reversible Requires mitigation and rehabilitation to ensure reversibility 5 Irreversible Cannot be rehabilitated completely/rehabilitation not viable Intensity or Magnitude of the Impact: Severity of the negative and magnitude of positive impacts Score Severe/beneficial effect Description 1 Low Little effect - negligible disturbance/benefit 2 Low to moderate Effects observable - environmental impacts reversible with time 3 Moderate Effects observable - impacts reversible with rehabilitation 4 Moderate to high Extensive effects - irreversible alteration to the environment 5 High Extensive permanent effects with irreversible alteration The Probability of the Impact: Describes the likelihood of the impact actually occurring Score Rating Description 1 Unlikely Less than 15% sure of an impact occurring 2 Possible Between 15% and 40% sure of an impact occurring 3 Probable Between 40% and 60% sure that the impact will occur 4 Highly Probable Between 60% and 85% sure that the impact will occur 5 Definite Over 85% sure that the impact will occur The Consequence (C) = Magnitude/Intensity (M/I) + Extent (E) + Duration (D) + Reversibility (R) The Significance (S) = Consequence (C) x Probability (P) Sample Significance Rating Score out of 100 Significance 1 to 20 Low 21 to 39 Moderate to Low 40 to 60 Moderate 61 to 79 Moderate to high 80 to 100 High 104 Annex 6: Template for Environmental and Social Management Plan Phase Activity Adverse Mitigation measure Implementation Responsibilit Occurrence Estimated impact schedule y cost Planning & Earthwork for Soil erosion Stockpile excavated Construction phase Contractor, Ongoing Construction Construction road material and use it in Supervising budget construction backfilling firm, ……………. ……………. ……………. ……………. ……………. ……………. ……………. Operation Annex 7: Template for Environment and Social Monitoring Plan Activities Parameters Indicators Measurement Occurrence/ Responsible Estimated methods Frequency person/ Budget Institution Annex 8: Costing template at ESMP level Adverse Proposed mitigation or Activities Unit Quantity Unit Price Total price Impact monitoring measure Impact 1 Measure 1 Activity 1 Activity 2 Activity 3 Impact 2 ………………………………… ……………. ……… ……………. …………… …………….. ……. Annex 9: E&S Costing template at Project level SN0 Description of activity/ item Unit Quantity Unit Price Total Price (Frw) (Frw) 1 Site specific ESMP trainings (including Workshop 5 250,000 1,250,000 materials, logistics, venue) 2 Water quality assessment Samples 20 100,000 2,000,000 ….. ………………………………………… ……………. …………. ……….. …………… Total 78,800,500 105 Annex 10: OHS training Matrix Unskilled labour Senior manager Training course Skilled labour management supervisors Safety men Frontline Drivers Middle Intro to the OHS Emergency response Hazards& controls Foreman responsibilities Managing safely Managing rule breaking Fire prevention First aid Confined space entry Back safety/ lifting safety PPE Fall protection Small/ power tools Hand safety Scaffold construction Fork lift operations Hazard recognition Excavation safety Health& hygiene HIV/AIDS and Communicable disease awareness training Environmental awareness Ladder safety Excavation safety Risk assessment Hazard registers Lifting operations Safe use of chemicals Accident prevention Key: x= compulsory *=selected personnel Training will be provided by ESHS manager and any outsourced qualified experts and sub consultant hired by EPC contractor. The number of people to be trained for each topic will be known after recruitment of labours and screen them so as to define the training appropriate for each category depending on the expertise and knowledge. 106 Annex 11: Sample Terms of Reference for Environmental and Social Impact Assessment These Terms of Reference (TOR) are applicable to development projects. The ToRs outline the aspects of an Environmental and Social Impact Assessment (ESIA) which when thoroughly addressed will provide a comprehensive evaluation of the sites, in terms of predicted environmental impacts, needed mitigation strategies, potentially viable alternatives to the development proposed and all related legislation. Planed Areas: Issues such as slope stability, impact on drainage patterns, property etc. should be examined. The path of the corridor cleared of vegetation for transmission lines, substations and Hydro power plants should be the major focus of this exercise. Rivers/ Riverine Areas: Issues such as erosion and siltation, macro invertebrate habitat destruction, disrupting of regular flow of the river and the possible impact of upstream activities on the area ecosystems e.g. wetlands etc. Distinct Terrestrial Forest Types: Issues relating to the specific growth form of the vegetation, the carrying capacity, the successional stage of the forest and the projected level of disturbance which the forest can withstand. Sites located within and adjacent to areas listed as protected or having protected species: The main issue(s) of concern will be in part determined by the local legislation as well as Government of Rwanda (GoR) responsibilities under applicable international conventions. The impact of the development on the specific sensitivities of the protected area should be highlighted. Mitigation of impacts should assess if the post mitigation status would be acceptable in the protected area context. Alternative sites should be rigorously evaluated. Socio–Economic issues such as land acquisition and impact of these conveyances on commerce in the community should be closely examined. The Environmental Impact Assessment should: 1) Provide a complete description of the corridor proposed for development. This should include a description of the main elements of the development, highlighting areas to be reserved for construction, the creation of verges and other green areas. • Identify the major environmental and social issues of concern through the presentation of baseline data which should include social and cultural considerations. Assess public perception of the proposed development. • Outline the Legislations and Regulations relevant to the project. • Predict the likely impacts of the development on the described environment, including direct, indirect and cumulative impacts, and indicate their relative importance to the design of the development’s facilities. • Identify mitigation action to be taken to minimize adverse impacts and quantify associated costs. • Design a Monitoring Plan which should ensure that the mitigation plan is adhered to. • Describe the alternatives to the project that could be considered at that site To ensure that a thorough Environmental and Social Impact Assessment is carried out, it is expected that the following tasks be undertaken: 1. Executive summary • Concisely discusses significant findings and recommended actions. 2. Legal and institutional framework • Analyses the legal and institutional framework for the project, within which the environmental and social assessment is carried out, including the issues set out in ESS1, paragraph 264. • Compare the Borrower’s existing environmental and social framework and the ESSs and identify the gaps between them. • Identifies and assesses the environmental and social requirements of any co-financiers. • Outline the pertinent regulations and standards governing environmental quality, safety and health, protection of sensitive areas, protection of endangered species, siting and land use control at the national and local levels. The examination of the legislation should include at minimum, legislation such as the land law, Environmental protection and conservation law, expropriation law, the Public Health Act, the urban Planning Act, Building Codes and Standards, Development Orders and Plans and the appropriate international convention/protocol/treaty where applicable. 3. Description of the subproject • Concisely describes the proposed subproject and its geographic, environmental, social, and temporal context, including any offsite investments that may be required (e.g., dedicated pipelines, access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the project’s primary suppliers. • Through consideration of the details of the project, indicates the need for any plan to meet the requirements of ESS 1 through 10. • Includes a map of sufficient detail, showing the project site and the area that may be affected by the project’s direct, indirect, and cumulative impacts. 4. Baseline data This task involves the generation of baseline data which is used to describe the study area as follows: • Physical environment • Biological environment • Socio-economic and cultural constraints. It is expected that methodologies employed to obtain baseline and other data be clearly detailed. Baseline data should include: (A) Physical • A detailed description of the existing geology and hydrology. Special emphasis should be placed on storm water run-off, and drainage patterns. Any slope stability issues that could arise should be thoroughly explored. • Water quality of any existing rivers, ponds, streams, or coastal waters in the vicinity of the corridor or substation. Quality Indicators should include but not necessarily be limited to suspended solids, turbidity, oil, and grease. • Climatic conditions and air quality in the area of influence including particulate matter wind speed and direction, precipitation, relative humidity and ambient temperatures, • Obvious sources of pollution existing and extent of contamination. (B) Biological • Present a detailed description of the flora and fauna (aquatic and terrestrial) in the proposed corridor of influence, with special emphasis on rare, endemic, protected or endangered species. Migratory species should also be considered. There may be the need to incorporate microorganisms to obtain an accurate baseline assessment. Generally, species dependence, niche specificity, community structure and diversity ought to be considered. (C) Socio-economic & cultural • Present and projected population; present and proposed land use; planned development activities, issues relating to squatting and relocation, community structure, employment, distribution of income, goods and services; recreation; public health and safety; • Cultural peculiarities, aspirations and attitudes should be explored. The historical importance of the area should also be examined. While this analysis is being conducted, it is expected that an assessment of public perception of the proposed development be conducted. This assessment may vary with community structure and may take multiple forms such as public meetings or questionnaires. 5. Identification of Potential Environmental and Social Impacts Takes into account all relevant environmental and social risks and impacts of the project. This will include the environmental and social risks and impacts specifically identified in ESS2 – 8, and any other environmental and social 108 risks and impacts arising because of the specific nature and context of the project, including the risks and impacts identified in ESS1, paragraph 28. Identify potential impacts as they relate to, (but are not restricted by) the following: • public health and safety, risk assessment, change in drainage pattern flooding potential and aesthetics; • landscape impacts of excavation and construction • loss of natural features, habitats and species by construction and operation • noise, air pollution, pollution of potable, coastal, surface and ground water - Socio-economic and cultural impacts. • Loss of land and assets due new transmission lines construction and operation • Distinguish between significant positive and negative impacts, direct and indirect, long term and immediate impacts. • Identify trigger, avoidable reversible and irreversible impacts. 6. Environmental and Social Management Plan • Identifies mitigation measures and significant residual negative impacts that cannot be mitigated and, to the extent possible, assesses the acceptability of those residual negative impacts. • Identifies differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable. • Assesses the feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of proposed mitigation measures, and their suitability under local conditions; the institutional, training, and monitoring requirements for the proposed mitigation measures. • Specifies issues that do not require further attention, providing the basis for this determination; • Design a plan to monitor implementation of mitigation or compensation measures and project impacts during and post construction and decommissioning of the power lines. 7. An Environmental and Social Monitoring Plan An outline monitoring program should be included in the ESIA, and a detailed version submitted to RDB’s e-portal system for review and approval and prior to the commencement of the development. At the minimum, the monitoring program and report should include: • The activity being monitored, and the parameters chosen to effectively carry out the exercise. • The methodology to be employed and the frequency of monitoring. • The sites and project components being monitored. These may in instances, be predetermined by the LODA and should incorporate a control site where no impact from the development is expected. 8. Appendices • List of the individuals or organizations that prepared or contributed to the environmental and social assessment. • References—setting out the written materials both published and unpublished, that have been used. • Record of meetings, consultations, and surveys with stakeholders, including those with affected people and other interested parties. The record specifies the means of such stakeholder engagement that were used to obtain the views of affected people and other interested parties. • Tables presenting the relevant data referred to or summarized in the main text. • List of associated reports or plans. • Terms of reference. 109 Annex 12: Sample Grievance Information Form Date/Time received: Date: (dd-mm-yyyy) Time: □ am □ pm Name of Complainant: □ You can use my name, but do not use it in public. □ You can use my name when talking about this concern in public. □ You cannot use my name at all. Company (if applicable) □ You can use my company name, but do not use it in public. □ You can use my company name when talking about this concern in public. □ You cannot use my company name at all Contact Information: Phone: Email address: Address: (Kindly indicate the preferred method of communication) Details of grievance: □ One-time incident/complaint (Who, what, when, where) □ Happened more than once (indicate how many times): ___________ □ Ongoing (a currently existing problem) ______________________________________ ______________________________ Grievant/Complainant Signature (if applicable) Date (dd-mm-yyyy) _______________________________________ ________________________________ Signature- Project personnel (to confirm receipt only) Date (dd-mm-yyyy) For PIU use only: Grievance No: ____________________ Grievance Category: □ Problems during material transport □ Smell □ Blocked road access □ Problem with project staff □ Dust □ Other (specify): ___________________ □ Noise Grievance Owner/ Department: ________________________________________ Annex 13: Sample Grievance Acknowledgement Form (GAF) The project acknowledges receipt of your complaint and will contact you within 10 working days. Date of grievance/complaint: (dd/mm/yyyy) Name of Grievant/Complainant: Complainant’s Address and Contact Information: Summary of Grievance/Complaint: (Who, what, when, where) Name of Project Staff Acknowledging Grievance: Signature: Date: (dd/mm/yyyy) Annex 14: Grievance Redress Registration Monitoring Sheet No Date Name Sex Contact Address Institution/ Complaint Feedback Date of Organization detail closure 1. 2. 3. 111 Annex 15: Chance find procedures under for the projects 1. INTRODUCTION Both national regulations and World Bank Environmental and Social Standards especially, ESS8: Cultural Heritage, recognize the importance of cultural heritage for current and future generations. Though site specific locations are not yet known, the project design suggests that there will be no impacts on Physical cultural Resources. However, public works could have an impact on unknown cultural heritage such us grave sites and sacred sites. Therefore, the purpose of this chance find procedures is to provide LODA, its contractors and subcontractors with the appropriate response guidelines to be applied if previously unknown cultural heritage is encountered. This Chance Find Procedure takes into consideration international best practice such WB ESS8, 1972 UNESCO Convention on the Protection of World Cultural and Natural Heritage (World Heritage Convention) and the Rwandan policy on cultural resources protection. Thus, Chance Find Procedures (CFPs) are part of LODA E&S instruments that may have relevance during Project implementation. The Procedure applies to potential cultural heritage objects, features or sites identified as a result of construction activities in the project area and its surroundings. 2. CHANCE FIND DEFINITION A chance find procedure is a project-specific procedure that outlines the actions to be taken if previously unknown cultural heritage is encountered. It is also defined as potential cultural heritage (or paleontological) whether movable or immovable objects, sites, structures, group of structures and natural features and landscapes that have archaeological, historical, religious and other cultural significance. Cultural heritage resources may include: • Artefacts, whole or partial, such as ceramic sherds, stone items, glass fragments, bone, shell, metal, textiles, and plant and animal remains • Features associated with human occupation such as trash dumps, middens, hearths, structural remains. • Prehistoric or historic human remains found in formal graves, cemeteries, or as an isolated occurrence. Non-Cultural Heritage Chance Finds may include modern objects, features, and burials and the decision about whether a Chance Find is a cultural heritage resource requiring additional treatment will be made by Districts in consultation with Ministry of Youth and Culture and the Rwanda Cultural Heritage Academy where necessary. 3. CHANCE FIND PROCEDURES If any person discovers a physical cultural resource, such as (but not limited to) archaeological sites, historical sites, remains and objects, or a cemetery and/or individual graves during excavation or construction, the following procedures shall be applied: 1. Stop the construction activities in the area of the chance find; 2. Notify the Resident Engineer who in turn will notify LODA and the responsible local authorities immediately (within 24 hours or less); 3. Install temporary site protection measures (warning tape and stakes, avoidance signs), inform all Contractor personnel of the chance find if access along the right-of-way or other work area is restricted and strictly enforce any no-go area needed to protect the site; 4. Document find through photography, notes, and maps (collect spatial data) as appropriate and Prepare and maintain an initial Chance Finds report (for all possible Chance Finds, cultural heritage or not); include spatial data for use in cultural heritage database and GIS system; 5. Responsible District authorities in charge of protecting and preserving the site before deciding on subsequent appropriate procedures would require a preliminary evaluation of the findings 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; 6. If the District confirms the Chance Find is a cultural heritage, LODA will initiate consultation with communities and local authorities on mitigation measures and treatment procedures; 7. Decisions on how to handle the finding shall be taken by the responsible authorities. This could include changes in the layout (such as when finding an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage; 112 8. If a Chance Find is a verified cultural heritage site, LODA shall prepare a final Chance Finds report including required treatment plan; 9. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and 10. While the required treatment is on-going, LODA will coordinate with Contractor, sub-contractors and relevant Districts authorities as well as local communities keeping them informed as to status and schedule of investigations, treatment and informing both when the construction may resume. 11. Construction works could resume only after permission is granted from the responsible local authorities concerning safeguard of cultural resource; 4. CHANCE FINDS DOCUMENTATION The Ministry, District, LODA, contractors and subcontractors staff are required to maintain records of monitoring, Chance Finds, and Chance Find response measures executes. These will include: • Daily monitoring records indicating areas and activities monitored; reported Chance Finds and the results of any evaluations. • Weekly reports summarizing reporting period activities including Chance Finds, assessments and evaluations, internal and external communications and instructions and supporting photographic documentation (or other reference materials as appropriate). An additional report aimed at fulfilling any specific Ministry requirements is also anticipated. • Monthly reports summarizing monitoring and evaluation results, status of any site treatment measures required instructions to Contractor, and other internal and external communications. Additional monthly reporting may be required by the district. 5. CULTURAL HERITAGE TRAINING All Project personnel are required to receive and comply with the Code of Conduct and receive training and demonstrate competency in (1) the identification of Chance Finds cultural heritage sites, objects, or features and (2) Chance Finds management procedures; that is, those actions that are required in the case of a suspected Chance Find. This training will be incorporated into the overall induction process for Company, Contractor, and Subcontractor personnel and will include a quick reference hand-out. All employees must be aware of the Rwanda Policy and WB ESS 8 related to cultural Heritage that provides illegal and forbidden to disturb or remove cultural heritage objects offsite for personal gain. Disciplinary action should be taken against any personnel who violate this requirement. 6. Reporting and communication Monitoring, review and reporting will be along with ESIA/ESMP for the project. Contractor; Sub-contractors shall report all records on observational monitoring, protection measures, complaints, and damages to the Resident Engineer on monthly and a quarterly basis. The Resident Engineer shall report their supervision records and the Contractor’s records to LODA which in turn inform relevant authorities on case to case basis and on a quarterly basis. 7. Implementation arrangement The implementation arrangements and responsibilities of the Chance find procedures shall be as follows: No Stakeholder Responsibility Responsible person 1 LODA - Overall coordination; E&S specialist - Lead consultation with relevant authorities and local communities; SPIU Coordinator - Implement the treatment plan and provide required funds; - Monitoring the implementation of chance finds procedures; - Prepared required reports; 2 Contractors and - Stop the construction activities in the area of the chance find; Civil engineer/ Site sub-contractors - Install temporary site protection measures; foreman - Inform the client and document chance finds; 3 Local authorities - Verification of chance finds; In charge of Sport - Approval the treatment measures in consultation with stakeholders; and culture - Provide the authorization to resume works in the chance finds area; 113 4 Local - To attend consultation meetings; Local Population communities - To provide required information; - Participate in treatment measures 8. BUDGET The budget will depend on chance finds and the proposed treatment measures. 9. CONCLUSION The present CFP’s serve as international best practice policy for the accidental discovery of heritage resources and provide the framework to handle them. Based on the definitions provided within this document and the proposed procedures of communication and handling chance finds, LODA will be able to deal properly with the accidental discovery of heritage resources throughout the various phases of the project implementation including construction and operation. 114