WORLD BANK MOFNE SUSTAINABLE LIVELIHOODS FOR DISPLACED AND VULNERABLE COMMUNITIES IN EASTERN SUDAN – SLDP Environmental and Social Management Framework (ESMF) Prepared by; Ms. Amna Abdalla - SLDP Consultant June. 2014 EXECUTIVE SUMMARY The Government of Sudan has received funding from the World Bank’s State and Peace- building Fund (SPF) ($3 M) for project titled “sustainable livelihoods for displaced and vulnerable communities in eastern Sudan–initial phase Project (SLDP) for a period of 28 months , started October 2013 . The project preparation is under the overall responsibility of Ministry of Finance and National Economy (MOFNE). The project targets Kassala State in Eastern Sudan. The overall objective of the project is to strengthen the capacity of local stakeholders including state authorities, displaced persons and vulnerable host communities to plan and deliver services and sustainable livelihood for displaced population and vulnerable host communities in Kassala State.. The “Sustainable livelihoods for displaced and vulnerable communities in Eastern Sudan - Initial Phase Project” (the Project) was approved in 2013, and the initial set up activities started in late 2013. The key 4 components under this project are: Component 1: Development of Local Government Structures and Capacities, Component2: Research and Design of Pilot, Component 3: Implementation and Evaluation of Pilot and Component 4: Evaluation and Recommendations for Expansion and Replication The summary of key activities under above components that might have adverse environmental and social impacts include: Installation or construction of irrigation facilities, community farm/ poultry, agro processing facility, plantation development (agriculture), the project may attract outside immigrants to already stress environment and further increase pressure on existing resources, removal of silt from the canals, disposal of waste materials, such irrigation, poultry, community farm, metals workshops, etc. These potential expected impacts including but not limited to: land, water and soil degradation, water related diseases, potential increased water consumption, groundwater depletion and soil salinization, noise, water pollution and solid waste disposal, changes in biodiversity and agro chemical usage and groundwater pollution. Preparation of this ESMF is in line with requirements of Sudan Environmental Conservation Act 2001 and the Environmental Impact Assessment Guidelines; and has bearing of relevant World Bank (WB) environmental and social safeguard policies. It is considered the appropriate environmental management instrument under the World Bank’s safeguard policies that were triggered by the anticipated activities, namely OP/BP 4.01. The ESMF is deemed appropriate as the exact portfolio; locations and design of the physical project activities are not yet defined. However, the type, dimensions and anticipated impacts of the sites are quite predictable, thus the ESMF’s generic impact analysis and management approach will be easily translated into activity-specific ESMPs during project implementation. The objective of the ESMF is to assess and document the types, scope, magnitudes and duration of potential environmental and social impacts caused by project interventions in an Environmental and Social Assessment (ESA) as well as outlines the steps that will be taken during project implementation to mitigate the identified impacts in an Environmental and Social Management Plan (ESMP). The assessment adopted participatory methodology using different tools, including critical desk review of secondary data which triangulated with PRA tools including, participatory observation, individual interviews, FGD, and participatory observation. The key finding of the assessment show that the environmental and social adverse impacts associated with the project interventions are very negligible or nil impact’. However, the SCU/PCU should 2 ensure that (i) environmental considerations are integrated in the project, (ii) environmental assessment is part of the project cycle, (iii) ESMF guidelines are followed and applied throughout the project cycle, (iv) environmental and social assessment is an integral part of any activity, and (v) ESMF issues are introduced to stakeholders and beneficiaries through awareness raising, education and promotion of environmentally and socially beneficial activities . 3 TABLE OF CONTENTS Executive Summary………………………………………………………….….......2 List of Acronyms…………………………………………………………………….6 Definition of Terms………………………………………………….…………...….7 Chapter one Background of Project Area 1.1 Introduction …………………………………………………………. ..8 1.1.1 Kassala State Profile……………………………………..………………… .8 1.1.2 Environmental Context………………………………….……………….. …9 1.1.3 Population Dynamics……………………………………………………… ..10 1.1.4 Socio economic context …………………………………………………… 14 1.1.5 State Economy…………………………………………………………….…16 1.1.6 Livelihood and Productive Sectors………………………………. .. 17 1.1.7 Agriculture, livestock and community farming Chapter Two Project Description 2.1 Project Description……………………………………………………………18 2.2 Project Overview……………………………………………………….……..18 2.3 Project Geographic Focus and Beneficiaries ……………………….…….... 18 2.3.1 Amara………………………………………………………………………….19 2.3.2 Tagog El madares………………………………………………………….…..19 2.3.3 Bariai……………………………………………………………………….….19 2.3.4 Hadalia…………………………………………………………………….…..20 2.3.5 Kraidrerr…………………………………………………………………..…. 20 2.3.6 Elgnaied…………………………………………………………………….….21 2.4 Project Beneficiaries……………………………………………………….…..21 2.5 Project Detailed Project Interventions…………………………………………21 Chapter Three Legal and Institutional Framework 3.1 Regulatory Framework for Environmental Impact Assessment…………….. 23 3.1.1 Land Tenure Regulation……………………………………………………. 23 3.1.2 National Adaptation Plan of Action……………………………………...… 25 3.1.3 Sudan National policy for IDPs……………..…………………………. 25 3.1.4 Interim Poverty…………………………….……………………..........26 3.1.5 Constitution of Sudan...………………………………………………….26 3.1.6 Sudan Protection sector Strategy……………………………………………... 26 3.1.7 Encyclopedia of Human Rights……………………………………………….. 27 Chapter Four Environmental and Social Management Plan 4.1 Introduction……………………………………………………………….…….28 4.2 Positive Environmental Impact……………………………………………..… 29 4.3 Identification of Potential Adverse Environmental and Social Impacts …… 29 4.4 Anticipated Negatives Adverse Impact ………….…………………….……… 30 4.5 General Social and Environmental Issues…………………………….………. 31 4.6 Environmental & Social Mitigation Measures ……………………….…..….... 32 4 Chapter Five: Implementation Institutional Arrangements: 5.1 Institutions At federal/National level…………………………………………………..34 5.1.1 Federal Ministry of Finance and National Economy (MOFNE): ……………….. 34 Project Steering Committee (PSC): …………………………………………. ……… 34 5.2 Institutional Arrangements at Project Level ………………………………………...35 5.2.1 Project Operation Manual (POM)……………………………………………………35 5.2.2 Cooperative Implementation…………………………………………………………35 5.2.3 SLDP/SPU/ East Sudan TSI Coordinating Agency (TSI-CA):………………………35 5.2.4 Project Technical Working Group (TWG) …………………………………………...36 5.3 Community Institutions................................................................................................... 37 Chapter Six: Mitigation Measures, Institutional Arrangements………………………39 6.1 Mitigation Measures……………………………………………………………………..39 6. 2 Training and Capacity Building…………………………………………………………42 6.3 Stakeholder consultations and Participation:……………………………………………42 6.4 Public Consultations and Participation……………………………………………………………42 Annexes…………………………………………………………………………… Annex A List of Environmental Legislation in Sudan…………….………………………….43 Annex B1 Good Practice Environmental Procedures…………………………………….......45 Annex B2 Draft Environmental Contract…………………………………………………….47 Annex C1 Environmental Chick list…………..……………………………………………...51 Annex C2 Environmental Data Sheet for proposal Programme……………………………...52 Annex C3 Environmental Appraisal Form…………………………………………...............53 Annex D Environmental Impact Assessment………………………………………...............54 Annex E Sample Check list ESMF…………………………………………………...............55 Part A General Project and Site Information….……………………………………………...57 Part B Safeguard Screening and Triggers…………………………………………………….58 Part C Mitigation Measures…………………………………………………………..............59 Part D Monitoring Plan……………………………………………………………………….61 Annex F Consultation Meeting……………………………………………………………….62 5 LIST OF ACRONYMS AWP Annual Work Plan CBOs Community Base Organizations COR Commission of Refuges (Government of Sudan) CPA Comprehensive Peace Agreement ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment E&S Environmental and Social EHS Environmental, Health and Safety GPFD Global Program on Forced Displacement GAM Global Acute Malnutrition HAC Humanitarian Aid Commission HCENR Higher Council for Environment and Natural Resources ISM Implementation Support Mission ISN Interim Strategy Note IDP Internally Displaced Person JAO Junior Account Manger MOFNE Ministry of Finance and National Economy MEPD Ministry for Environment and Physical Development Mo EFPP Ministry of Environment Forest and Physical Planning NGOs Non Governmental Organizations SMFEL State Ministry of Finance and Economy and Labor SPC State Project Coordinator SPF State and Peace –building Fund SLDP Sustainable Livelihood for Displaced Persons PDO Project Development Objective PAPs Project Affected Persons PS Project Steering Committee TOR Terms of Reference UNDP United Nation Development Programe UNHCR United Nation High Commission of Refugees WFP World Food Programme WB World Bank SSMO Sudan Standards and Metrology Organization TWG Technical Working Group 6 DEFINITION OF TERMS • Associated Projects: Means any subprojects or activities which are directly related to the World Bank project. • Environment: physical, biological and social components and processes that define our surroundings • Environmental Social Management Framework: Instrument (document) which establishes a mechanism to determine and assess future potential environmental and social impacts of the project funded activities, i.e. SLDP funded activities. The framework sets out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. • Environmental impact: Any change to the environment whether adverse or beneficial, wholly or partially resulting from an organizations activities, products or services. • Environmental management plan: A site or project specific plan developed to ensure that appropriate environmental management practice is followed during the construction and/ or operation of a project. • Internal Displacement: Population movement of a group of society members, organized or otherwise, rapid or slow, from a big or a small population group because of natural disasters or as a result of man-made actions. • IDPs; Individuals who were compelled to flee their homes as a result of or to escape natural disasters or man-made actions; they are Sudanese citizens enjoying full rights and commitments enshrined in the constitution. • Land Refers to agricultural and/or non-agricultural land and any structures thereon whether temporary or permanent and which may be required for the Project. • Mitigation: Steps taken to avoid or minimize negative environmental impacts. Mitigation can include: avoiding the impact by not taking a certain action; minimizing impacts by limiting the degree or magnitude of the action; rectifying the impact by repairing or restoring the affected environment; reducing the impact by protective steps required with the action; and compensating for the impact by replacing or providing substitute resources. • Project Affected Persons (PAPs) Means persons who, for reasons of the involuntary taking or voluntary contribution of their land and other assets under the project, result in direct economic and or social adverse impacts, regardless of whether or not the project affected persons physically relocated. • Project: Refer to any design, construction or operation activity associated with development. • Resettlement; IDPs have decided to stay and live in a community other than their original community or their host community. • Rehabilitation; Reconstruction of infrastructure in the return areas and rebuilding of components of social, economic and political life through developmental short term projects and programs. • Screening: An initial step when a project is being considered for environmental assessment. The screening is the determination of the level of assessment that will be conducted. • Stakeholder: Any person or group that has an interest in the project, and the environmental effects that the project may bring about. • Vulnerable Groups: Refers to o Widows, the disabled, marginalized groups, low income households and informal sector operators; -Incapacitated households – those no one fit to work and; -Child-headed households and street children. This group is among other things, characterized by low nutrition levels, low or no education, lack of employment or revenues, old age, ethnic minority and/or gender prejudice. 7 Chapter One: Background of the Project Area 1.1 Introduction 1.1.1 Kassala State Profile: Administrative Setup Kassala State together with Red Sea and Gedaref comprise what is known as East Sudan. These states share a number of characteristics historically, ethnically, socially and politically. They share the experience of long standing marginalization, underdevelopment and chronic poverty1. With the outbreak of armed conflict in 1995 and its resolution through the Eastern Sudan Peace Agreement (ESPA) signed in October 2006, the inter linkages among the states were further entrenched. With a total area of 55,374 km2, Kassala State lies between latitude 34o 12| and 36o 57| North and between longitude 14o 12| and 17o 12| East. The state shares an international border with Eritrea to the East. Nationally, it borders Red Sea State and River Nile State to the North, Gezira State to the West, and Gedaref State to the South. The state is composed of eleven localities (mahaliyas) as per attached map below. Of these administrative units, nine are primarily rural in composition while the two localities of Kassala Town and New Halfa are urban centers. The total population of the state according to 2008 census is 1,789,806, distributed by locality, area and density as in the table (1) below Table (1): Kassala State Population by Locality, 2008 Locality/ Mahalyia Total Population Kassala Town 298,376 Rural Kassala 154,630 Kassala West 79,376 New Halfa 211,864 Nahr Atbara 136,911 Hamashkoreab 255,288 Wad Al Helew 84,681 Aroma Rural 102,759 Shamal Al Delta 91,851 Telkuk 274,978 Seteet 98,939 State Total Population 1,789,806 Source: Fifth National Population Census, CBS,2008 1 Kassala State Population Council Report 2008 8 1.1.2 The Environmental Context Over 80% of Kassala State consists of flat plains, whereas rocky outcrops and hilly terrain comprise the rest of the area. Alluvial and volcanic deposits cover the state and beneath these clays lie Basement Complex Formations that are only a poor repository for ground water. Water sources in the state tend to be distributed along the cracks in the geological formations and in the few areas where alluvial deposits accumulate. The largest of the state’s aquifers is the Gash Basin which has an estimated storage capacity of 600 million cubic meters’ and runs North, from the Eritrean highlands and through Kassala Town. Heavy dark clay soil formations cover most of the land of Khashim al Girba (Badoba) and continue towards the state’s southern border. This area supports irrigated and rain-fed cultivation, such as the New Halfa scheme, as well as most of the Butana range lands. Irrigation in the state is concentrated almost entirely in this scheme. The predominant Verticals formations in these areas is an agriculturally useful soil, but difficult to work as it swells significantly during rainy season and creates deep cracks during dry season. Karab land surrounds the major water courses in the state and supports natural vegetation (such as the Seyal, Samar, and Tundub trees). These areas often function as a grazing reserve for livestock during periods of drought. In contrast to the soils of the southern areas, the northern part of Kassala state is covered by lighter, highly permeable clay soils deposited by seasonal wadis. This soil base supports rain fed systems of cultivation such as the Gash Delta and provides rich seasonal pastures for livestock. Rainfall ranges from a low of around 83mm per annum in the northernmost part of the state to around 300mm per annum across most of the southern area and fall within the dry and semi dry rainfall zone. The southernmost part of the state, namely Wad Al Helew locality, receives significantly larger amounts of rainwater with an average fall of 608mm per annum over the last three decades. Effective use of rainfall i s, however, hampered by its short duration, uneven distribution and high rates of evaporation. Overall, a trend of long-term decline in rainfall has been observed in Kassala State since the 1940s and the current rate of depletion is calculated to stand at 2.6mm per annum.2 Kassala precipitation trend for 2012 as indicated in the graph. The Gash River provides the state with around 560 million cubic meters of water per year during its two to four months of heightened flow. The River Atbara supplies the state with an additional 12 billion cubic meters of water each year, This source is used to irrigate the New Halfa agricultural scheme, which spans some 500,000 Fadden’s3, as well as for fishing purposes in the Khashim el Girba dam– returning a high yield on a regular basis. Silt accumulation in the dam reservoir has however limited the state’s capacity to manage the resources efficiently and reduced the dam’s current storage capacity to only 27% of its original amount.. The region remains fragile, subject to multiple sources of stress as, among others, deteriorating environmental conditions (climate change and diminishing water resources), 2 UNDP (2009): Kassala Situational Analysis 3 I Fadden= 1.038 acre 9 recurrence of natural disasters (floods and droughts), competition for scarce agricultural land, and conflicting demands of pastoralist and sedentary communities. These stresses are compounded by acute poverty, a large number of disfranchised displaced households, and a public sector unable to meet mounting demands. The state is experiencing an increased vulnerability to stress factors, as the continued deterioration of natural resources (water availability and soil), and the recurrence of natural disasters (drought and floods), which have marked a negative impact on the productivity of the agricultural sector and livestock - the main sources of income in the east. External stress is compounded by changes in land tenure and agriculture patterns through the introduction of large mechanized farming and the organizing of small holders in cooperatives, which create social tension and conflicting demands for access to land. The weak capacity of the state institutions and limited entrepreneurial drive of the private sector constrain the ability of the state to develop alternative activities. The national policy of large-scale farming linked with a policy of sedentarization of nomadic population was intended to reduce pastoralism and to increase agriculture. But the misconception and mismanagement, which went along with the implementation of large-scale agriculture, led to the opposite and agro-pastoralism is starting to be recognized as the most adapted form of economy in the area (Ahmed and al-Shazali 1999). The situation of the pastoral groups however is far from being idyllic: many small pastoralists and small farmers never recovered from the drought years. Having lost their herds or their land they became wage-labourers or migrated to urban areas or Gulf countries. Moreover, the traditional tenure system and rules cannot protect the environment from increasing pressures on key resources (cf. deforestation, overgrazing etc.).41 The disparity is increasing between well off agro- pastoralists and the others as rich pastoralists develop new pastoral systems (A.R.D 1994)42. Several core developments have influenced the political character of Kassala State and of Eastern Sudan more widely. The first major event was a series of droughts that afflicted this region in the mid-1980s. In this and subsequent periods, the lack of water became the determining consideration for livelihood strategies and population movement. The state’s food security situation worsened dramatically under this strain and emergency relief operations, designed to make up for the shortfall, bequeathed their own political legacy – cultivating dependency among communities and state institutions in Kassala. A second major factor shaping state politics in the region has been demographic change and especially the sharp increase in the migration from Southern and Western Sudan. This situation was further compounded by the flight of refugees into this region from Ethiopia and Eritrea. The resulting influx of people into camps and urban areas overstretched the already strained basic service infrastructure and created a level of antagonism among the local population. Indeed, having lost a great quantity of livestock during the droughts, the Beja fell under considerable pressure to compete with ‘foreign’ tribes for employment in towns and access to resources. The recent armed conflict and resultant displacement in the region, combined with the proliferation of land mines and increasingly severe cycles of drought, have placed the resource base under increasing pressure. The amount of land available for grazing and rain- fed agriculture has subsequently contracted, causing widespread food insecurity and several tribal disputes over resources. It is estimated that 91% (TANGO 2005) of households in Kassala fail to meet their nutritional needs through domestic production and malnutrition is pervasive in the state. This situation is often particularly acute for war-affected communities and assistance to this vulnerable population must rank high on the agenda. Actors in Kassala must also develop more effective systems of natural disaster management; the preemption and response to damage by flood water is a high priority in this area. Over a longer time-horizon, policy makers need to address the threat to the region posed by Mesquite – an invasive plant species which has rendered large swathes of land unproductive. In recent years, the Kassala’s strategic position has diminished due to the construction of a highway that connects Port 10 Sudan and Khartoum via Atbara. Nonetheless, cumulatively, the measures suggested within this framework seek to move Kassala State forward, beyond productive and livelihood thresholds previously obtained. 1.1.3 Population Dynamic Kassala State has a total population of about 1,789,806. One fifth of this population lives the state capital, Kassala Town, and the annual growth rate of the entire population stands at around 2.5%. The average household size in the state is 6.2 persons with a significant number of female-headed households in rural areas as urban economic migration increases. High levels of cultural and ethnic diversity characterize the population of Kassala State. This is, in large part, a result of historically protracted and significant waves of migration to the area. The main ethnic groups in the state are Beja, Rashaida, Shukriya, Halaween and Kawahla. The predominant indigenous ethnic group in the state is the Beja. This nomenclature of tribes is comprised primarily of the Hadendowa, Beni Amir and the Halanga peoples. The Halanga tribe is particularly noteworthy insofar as it was, and continues to be the first and only fully sedentary Beja group. In the early 19th century the Rashaida moved into the Eastern Region from the Arabian Peninsula, opening new trade routes, settling along the coastal areas and moving through Kassala State on a seasonal basis. Northern Sudanese migrated to Kassala during the first half of the 20th century, accompanied by Fellata and Hausa groups from West Africa. These latter groups were, in particular, attracted to the area by the opportunities that the Gash agricultural scheme afforded them. Similarly, New Halfa town was founded during the 1960s, following the forced resettlement of Nubians from the Halfa area in northern Sudan which was flooded as a consequence of the construction of the Aswan Dam. These population movements were followed, in turn, by a further influx of internally displaced people who fled Western Sudan during the Sahelian drought of the 1980s. Thus a number of push and pull factors have led to the current configuration of the state’s population, with one of the most recent waves of migration stemming from displacement in Southern Sudan and the Nuba Mountains caused by the intense fighting that took place in the 1990s. Bordering Eritrea, Kassala State has also received several large waves of Ethiopians and Eritrean refugees during the conflict that took place there. The latest large influx of people, from these areas, took place in 2000. Nonetheless, protracted instability along the border has seen the periodic influx of refugees continue to this day. The further deterioration of the situation in the Horn of Africa, witnessed in 2008, has also led to a sharp increase in the current number of Somali, Eritrean and Ethiopian refugees in this region with around 120 new arrivals every week. According to UN estimates, Kassala currently has a refugee population of around 62,000 people, making it the largest refugee population in the country. Much of this population inhabits the eight camps established to accommodate them. Estimates of the state’s IDP population vary greatly from around 40,000 to 120,000 and the actual number is thought to lie somewhere in the middle. A significant portion of the longer term refugees and IDPs have now integrated into the local population. These people tend to reside primarily in around the urban centers of Kassala and New Halfa. The presence of such large numbers of internally and externally displaced people,places great pressure on existing social and basic services within the state. This pressure is particularly acute in Kassala Town and can be seen most clearly in the provision of housing, health and education facilities. Wholesale displacement also contributes to the near-permanent food gap in Kassala, and the increasing dependency and reduction of the areas of land under cultivation. By saturating the informal sector, this population has exacerbated the problem of unemployment in Kassala across a spectrum of economic areas. Addressing the challenge of sustained service provision and dealing with the specific needs of displaced communities must be an urgent priority for recovery and development programming in the region. 11 According to the information reported and provided by interviewed people during field work for this study including the Director of Planning and Projects in Kassala State's Ministry of Social Affairs, Culture, Youth and Sports and the Humanitarian Aid Commission (HAC), there are 90,842 IDPs in Kassala State residing in 12 camps4 (which are currently officially regarded by Kassala State authorities as permanent IDP villages) and in Kassala town. The number of IDPs who settled permanently in Kassals town is estimated to be 25,132.5 However, there are indications that large numbers of IDPs have located in the town and that a significant number of IDPs in rural areas commute regularly between the villages and Kassala town to engage in income generating activities and/or to access social services. There are in fact over 70 IDP locations in rural Kassala that can be grouped in 12 camps or settlement locations6. 1.1.4 Socioeconomic Context Kassala State suffers from some of the lowest socio economic and development indicators seen among states in Sudan. In line with the wealth sharing protocols, defined by the CPA, 70% of the National Development Reconstruction Funds are to be targeted towards the least developed states in North Sudan. In 2012, the Kassala State Governor (Wali) developed a long-term State Recovery and Development Plan that built upon this provision, addressing the period of 2012 to 2017. The overall vision of the strategic plan was to create, ‘a state where [Kassala’s] people and in particular the war-affected, vulnerable and poor groups enjoy security, access to basic social services and decent means of livelihoods within a just inclusive and equitable governance.’ Table (2) below summarized the key social development indicators Table (2): Social Development Indicators for Kassala State Indicator Measurement % Health index Infant mortality rate (per 1000) 86 Under 5 mortality rate (per 1000) 87 Child mortality rate (per 1000) 27 Maternal mortality ratio(100000) 245 Prevalence rate of acute malnutrition among children less than five years 19 Full immunization against childhood diseases 40.6 Poverty Indicators Food secure status 91 Severely food insecure 6.2 The proportion of households using firewood 63 The proportion of households that have no Lighting 23 Percentage of households do not have a latrine 54 The proportion of households using improved drinking water 48 The rate of overcrowding 35 Poverty by state and style of living 4 According to other reports, there are close to 66,000 IDPs in 11 formally identified camps in Kassala State. The records of the WFP Kassala sub-office indicate that food distribution allocations covered 62,710 IDPs in 11 camps. The term “camp” applies to IDP settlements that often are constituted by several separate sub-units. Kassala State has an estimated total population of 1.79 million, of which close to 30% are in Kassala town. Recent research shows that 5 The released figures on number of IDPs in Kassala town are not definitive. It is conceivable that more IDPs will relocate and merge with the population of Kassala town as permanent residents. 6 SLDP Base Line Survey, 2014 12 Urban poverty 36 Rural poverty 48 Total poverty 48 Education Index Illiteracy rate (age 15+)* 46 The net enrollment rate in Basic Schools 48 Population age and sex structure The percentage of the state's population 5.89% The proportion of children less than 15 years 38.6% Male rate 1.23% The annual growth rate 3.5 The labor force and the unemployment rate unemployment rate 10.9 Participation rate in economic activity 45.2 he relative share of the population 15 + 5.9 Source: State of Sudan's population in 2013 1.1.5 The State Economy The state economy is largely based on traditional, natural resource related activities. In recent years, the ability to use natural pastures, as well as the pursuit of other agricultural and livestock-based activities, has been severely curtailed by armed conflict in the region. During the period of heightened violence in the 1990s many farmers and herders abandoned their homelands to join the ever-swelling ranks of displaced people located in urban centers. Within the context of the local economy of Kassala State, a person’s ethnic background powerfully influences their livelihood pattern. Tribes from Northern Sudan, such as the Ja’aliyeen, Shaigiya, Manaseer, and Halanga have a strong presence in the commercial sector and in horticultural agriculture. During the last few years, the Beni Amir has started to emerge as a new economic power in the region due, in large part, to their involvement in border-trade and agriculture as well as real estate in urban areas. The Rashaida managed to survive periods of drought through economic diversification and have now become significant actors in agriculture as well as trade. In contrast to this, tribesmen like the Hadendawa were hit hard by these events; losing their livestock and seeing their economic powerbase diminish accordingly. Many Hadendawa have now moved into towns where they work as manual laborers, petty traders and guards. This sub-section of the population also tends to work in the Swagia(traditional Irrigation Technique) area as agricultural laborers on a seasonal basis.Among the IDP and refugee populations, activities rooted in the informal sector predominate. Migrants frequently find work in food processing, handicrafts, tea and coffee vending and household servant positions. Lacking specific skills and facing severe competition for employment, the level of poverty and food insecurity has risen sharply among IDPs in recent years. The total cultivable area in Kassala State is around 4 million acre or 40.5% of the state’s total land. Of this land, between 1.1 million and 1.58 million acre is actually cultivated and around half of the total cultivated area is irrigated. Rain-fed cultivation techniques predominate within the state and around 60% of the farmers in Kassala State are situated in these areas. However, the yield of this rain-fed land is only 16% of that achieved in equivalent areas under systems of full pump-based irrigation.According to official state reports, Kassala’s food production meets only a small fraction of the state’s total nutritional needs. The remaining shortfall is met, where possible, through contributions from the Federal Government, WFP and international NGOs. Nonetheless, malnutrition remains a serious problem for the state’s population with a GAM rate of 29.3% (TANGO 2005). 13 Kassala State is estimated to have over 7 million acre of natural pasture land. This area supports around 3 million heads of livestock in the state. It also supports a similar number of additional livestock that pass through the state on a seasonal basis. Forest-land covers three per cent of the state’s total area, equivalent to some 311400 acres,000 Fadden’s. Of this amount, 21,625 acres have been set aside for conservation. The recurrence of drought and famines in the 1980 and 1990 decades lent great support to the prediction that mobile pastoralism was in the verge of extension and would not survive the development of large-scale agriculture (Morton 1988). However and in spite of many constraints pastoralism appeared to be far more resilient and adaptive than first expected. The pastoral groups responded to the new constraints by a number of adaptive strategies including diversification of herds, increasing mobility, reliance on crop residues for animal fodder, livestock marketing as well as adoption of a multi-faceted economy (including pastoral and agricultural production, wage-labour, etc.). It appeared that agriculture and pastoralism were inter-dependant and relied on each other for sustainability. The constraints but also the new opportunities provided by large-scale agriculture to Butana herders were first highlighted in the case of Khasm Al Girba irrigated scheme (Sørbø 1976,1977, 1985, 1991 Salem Murdock 1989, A.R.D. 1994). The interesting point however is that farming-herding interdependency does not only concern the pastoralists but also the agriculturalists who are facing an increasing cost of production and a decline in yield. In many areas, irrigated or mechanized schemes are therefore closely associated with animal keeping.39 Farmers sell animals when in need of cash for agriculture or transform a low yield crop into animal fodder. In fact after the very bad hit of 1984-1985 and 1991-1992 which decimated most of the herds, the 1990s decade witnessed an ‘animal boom’40 and many wealthy farmers are investing in livestock, including camels . Irrigated schemes (Gash Delta and Khasm Al Girba) but also mechanized rainfed farming are more and more used as grazing stock by individuals or groups connected with tenants. The impact of environmental factors on the economy of Kassala was again stressed in 2004 when a period of drought affected the majority of rural areas, impacting hard upon the spectrum of livelihoods and income generating activities which relate to seasonal farming, herding, wood cutting and charcoal production In camps situation wood is often the only available source of energy, traditionally wood has been used for cooking , the daily per capita consumption of fire wood is 3 kgs per person, however this can be reduced 1-2 kgs if wood saving techniques are used and fire wood collection is restricted as well as provision of other sources of energy. The lack of income generating opportunities in IDPs camps significantly affects the use of fire wood and other natural resources. IDP camps have mostly low population density and few livelihoods opportunities within them. In general, they depend on casual labor, charcoal making and handicrafts. IDPs rely to a large extent on nearby towns to purchase household supplies. Men from IDP camps in Kassala state tend to move to towns in search of work opportunities, while in their absence, women often have to assume responsibility for the household. The living conditions of IDPs are mostly similar or lower than those of neighboring communities and refugee camps. One of the most significant environmental impacts of displaced population settlements is the severe deforestation that has occurred around the larger camps. Deforestation is clearly visible around all major camp locations in the state for instance, the illicit felling of trees for firewood and to clear land for slash-and-burn agriculture on the outskirts of a local IDP camp has resulted in the deforestation of a large area surrounding the camp. Tree cover is particularly sparse in northern parts of Kassala, two regions that host large displaced populations. Besides, the majority of settlements have been established in locations that were already occupied, and where the existing burden on forest resources may or may not have been sustainable. Camp-related deforestation has been occurring for at least twenty years. Corrective measures (prohibitions) were put into place by UNHCR and the Forests National 14 Corporation (FNC) to prevent refugees from cutting down trees for fuel, but as their ongoing energy needs were not addressed, these were not effective. Furthermore, inside Kassala Town, the damage caused by the Gash floods in 2003 and 2007 has eroded savings and the asset base of many town dwellers. The continued threat of flood disasters has led to persistent calls for a state-wide early warning system and enhanced disaster risk reduction and management capacities. 1.1.6 Livelihoods and Productive Sectors The recent armed conflict and resultant displacement in the region, combined with the proliferation of land mines and increasingly severe cycles of drought, have placed the resource base under increasing pressure. The amount of land available for grazing and rain- fed agriculture has subsequently contracted, causing widespread food insecurity and several tribal disputes over resources. It is estimated that 91% (TANGO 2005) of households in Kassala fail to meet their nutritional needs through domestic production and malnutrition is pervasive in the state. This situation is often particularly acute for war-affected communities and assistance to this vulnerable population must rank high on the agenda. Over a longer time-horizon, policy makers need to address the threat to the region posed by Mesquite – an invasive plant species which has rendered large swathes of land unproductive. In recent years, the Kassala’s strategic position has diminished due to the construction of a highway that connects Port Sudan and Khartoum via Atbara. Nonetheless, cumulatively, the measures suggested within this framework seek to move Kassala State forward, beyond productive and livelihood thresholds previously obtained. Currently, several donors are supporting activities in the state e.g. Japan (support to Sudanese farmers in the Abbuda area), the European Commission (Eastern Reconstruction and Development Program), and Norway (support to refugee activities through UNHCR). While reflecting donor commitment for Eastern Sudan, they have clearly signaled the need for a rapid transition towards development activities. They look at TSI and the activities to be implemented under the present SLDP as an initial step in this transition, and as an opportunity to fund follow-up activities that will ensure sustainable livelihoods for the displaced population and vulnerable nationals in eastern Sudan. It, however, must be noted that both the UNDP and UNHCR have made many notable contributions in helping the development of strategies to address the problem of displaced communities. UNDP has conducted situation analyses in each of the three eastern States addressing four main areas of outcomes: (i) peace building; (ii) governance and rule of law; (iii) livelihoods and the productive sector; and (iv) basic service provision. The government has developed ‘The National Policy on Internally displaced Persons’ which contains provisions regarding the government approach to the issues. The policy defines the obligations of the “State” in relation to IDPs, among others: preventing the causes of displacement; the upholding of IDPs’ rights; ensuring adequate allocation of resources for IDPs; and supporting sustainable solutions to the causes of displacement. In the case of eastern Sudan some of these obligations have only been partly met. Nonetheless, the separation of rural and urban interventions into distinct entities has, on occasion, hindered their effectiveness. Culturally, Beja livelihoods both centre upon and traverse the rural-urban interface. This interdependence of sectors must be factored into programming. Questions arising over land rights and access to natural resources are central not only to security, but also to economic well-being in Kassala. The need for legislation, which integrates state-based and traditional mechanisms of land management, is widely recognized. Nonetheless, little practical progress has been made to date. Current livelihood interventions are formulated in an unclear policy and legal environment; the potential for failure and dissatisfaction is therefore high. The need to draw together a coalition of 15 stakeholders with clear parameters, and to base policy upon evidence gleaned from feasibility studies, market surveys and a livestock census is transparent. From the discussion and interviews with community people, the three main livelihood activities in the 6 locations, farming is practiced by all male members, and by only 42.4% In the households represented by women. Also animal production is practiced by more men (29.5%) than women (15.2%). Trade is also more practiced by men (26.5%) than women (9.1%). 1.1.7 Agriculture, livestock and community farming in the target communities The baseline survey conducted on a representative sample of households at the beginning of the project shows that in general less than 10% of the households have agriculture as the main source of income (see Table 3below). Among the exceptions is the community of Beryay, North east of Kassala town where over 20% of the households have agriculture as main livelihood activity. Sorghum, millet and okra are among the main crops in the region.Livestock rearing does not appear as the main source of income in any of the areas with a presence of IDPs. However, visits to the proposed target communities show that livestock rearing is a common activity, i.e. sheep, goat, and cattle. It seems thus paradoxically that rural communities, traditionally dedicated to agriculture and pastoralist, currently draw their main income from non-agricultural activities, at a subsistence level. It appears that the low productivity of traditional rural activities has forced such communities to shift to seek for other sources of income as a survival mechanism rather than as a qualitative change to improve living conditions. Interviews with the communities show their continue vocation to the practice of agriculture and livestock rearing (Table 3). Table 3: Main source of livelihood in IDP areas in percentage Location Women Household main source of No Assistance received (past) Participa headed livelihood land tion households Agriculture Salary- Own tenure Cash Tools Vocational Credit - wages business Food Equipment Training savings South East Average 5 5 18 65 80 100 0 0 10 South West Average 12 8 11 65 80 90 0 5 10 Amara 17 3 13 57 67 100 0 0 0 North East Average 9 9 10 66 79 80 10 10 10 Beryay 7 21 14 55 41 70 10 20 10 North West Average 6 6 13 51 84 70 10 0 0 Hadalia 6 0 40 50 100 40 40 0 0 Returnees Aooad 32 3 3 94 94 100 0 0 0 Saktaay 27 10 3 80 87 60 0 40 20 • The baseline survey already gives some insight into possible causes for this situation. They related mainly to “inputs” into the value chain, such as limited access to land, water scarcity, and unaffordable or unavailable resources for fodder or reproduction. However, there are indications that needs for upgrading in the value chain of rural products in Kassala State goes beyond merely the supply of inputs, but extends to the whole set of primary activities and support activities of the relevant value chains. 16 Chapter Two: Project Description 2.1 Introduction: The World Bank has established the multi-year Global Program on Forced Displacement (GPFD) with the objective of improving the way it deals with the development challenges of forced displacement as an issue fully integrated in its work on post-conflict recovery and peace-building. This approach is part of the Bank’s conflict and fragility agenda and is central to operationalize the 2011 World Development Report on Conflict, Security and Development (WDR-2011). Reducing vulnerability and building resilience are two major themes of the current World Bank Strategy for Africa. The project will contribute to the higher level objectives of the Bank. The Bank’s participation in addressing the problem of displaced communities stems from (a) the second pillar of the bank’s Interim Strategy Note (ISN) for Fy14-FY157; and the decisions taken pursuant to the “The International Donors and Investors Conference for Eastern Sudan” in Kuwait, December 2010 which led to the formulation of a Transitional Solutions Initiative (TSI) for Eastern Sudan, jointly endorsed by UNDP, UNHCR, and the world Bank (TSI). Based on the above, the Government of Sudan has received funding with amount of $3 million from the World Bank’s State and Peace-building Fund (SPF) for a project titled “sustainable livelihoods for displaced and vulnerable communities in eastern Sudan–initial phase PROJECT (SLDP)”. 2.2 Project Overview: The overall objective of the project is to strengthen the capacity of local stakeholders including state authorities, displaced persons and vulnerable host communities to plan and deliver services and sustainable livelihoods for displaced population and vulnerable host communities in Kassala State.. The “Sustainable livelihoods for displaced and vulnerable communities in Eastern Sudan - Initial Phase Project” (the Project) was approved in 2013, and the initial set up activities started in late 2013. The key 4 components under this project are: Component 1: Development of Local Government Structures and Capacities, Component2: Research and Design of Pilot, Component 3: Implementation and Evaluation of Pilot and Component 4: Evaluation and Recommendations for Expansion and Replication 2.3 The Project Geographic Focus and beneficiaries8 The 12 identified IDPs settlements or camps are located in rural areas of the State. The pilot project focuses on five priority communities selected by the Government of Kassala State taking into account the findings of the initial baseline survey:The sixlocations of the project as below: Southwest: Amara Northeast: Beryay Northwest: Hadalia River Atbara West Bank: Elgnaid Kassala West Rural Locality: KarayDareer Rural Kassalalocality:Tagoug – El Madrasa 7 Under it the Bank will focus on three regions emerging from conflict: (i) the Sudan-South Sudan Border States; (ii) Darfur; and, (iii) Eastern Sudan 8 Project Baseline Survey 2014 17 2.3.1 Amara Amara village is a rural settlement located in Rural Kassala locality with total population of 3822, it is composed predominantly of members of the BaniAmer tribe. Analysis of the primary data collected from the potential beneficiaries of the SLDP in Amara indicated the farming is practiced as a means for generating income by males. Animal production activities are not practiced applied. None of household members interviewed in the assessment depended on animal production as a means for generating income. However, trade is practiced mainly by few female members in the different households as means of generating income for their families. Lack of assets (including land and financial capital) is stated as the principal hurdle hindering engagement in farming activities, and the other means of income generation by both male and female members of the community. Women engagement in income generating activities outside their homes is socially prohibited because of cultural norms that separate the sexes, and that attitude stems from deeply seated religious teachings. 2.3.2 Tagoug – El Madrasa Tagoug village is located in Rural Kassala locality with total population of 3450 , it is composed predominantly of members of tribes of a West African origin (Fallata, Hausa, Barno,), with a minority of Hadendewa and Bani Amer. The Hausa people and members of other West African tribal groups are very visible in Eastern Sudan. The first non-indigenous settlers in the area were the Fellata people, who migrated from Nigeria in 1923–1929, followed by Masaleet, Hausa, Fur, and other West African people who came to find work as laborers in the Gash Scheme and in the mechanized farming areas. They settled in towns to work as casual laborers, and also in villages in the rural areas where they practiced farming in small landholdings mainly laborers and sharecroppers. Interviews and data collected from Tagoug indicated that farming is practiced by males in all of the IDP households. Females in 50% of the IDP households were also found to be engaged in farming practices. In contrast, none of IDPs household members were found to be engaged in animal production activities, compared with host community households among who about 45% of the male and female members practice animal production for income generation purposes. Data analysis also revealed that only a small minority of the IDP and host community households have male members engaged in trade. 2.3.3 Bariai Bariai village is located in Telkuk locality with total population of 3000, it is composed predominantly of members of the Hadendewa tribe. Interviews analysis revealed that most of the IDP and host community households have male members engaged in farming practices. However, none of the households engage women in agricultural activities. It was also found that none of the IDPs households have female members practicing animal production, while only about 15% of the host community household female members are involved in animal production activities. Animal production is mainly practiced by male members of the households (about 50% of the host community households have male members practicing animal production and only about one third of the IDPs households have male members practicing animal rearing for income generation). Data analysis revealed that a little over 15% of the IDPs households have male members practicing trade. None of the IDP households interviewed have women engaged in trade, and the same is true for host community households. Trade is practiced solely by males in about one third of the host community households, and to a lesser extent by males belonging to IDPs families. Thus, engagement in farming and trade in Bariai, at present, is a male's business in both of the IDP and host community households. Since animal production is practiced by male in both IDP and host community households, and that about 15% of the host community households engage women in animal production, there is a potential for women in IDP household to opt for practicing animal production if they get the opportunity. 18 2.3.4 Hadalia: Hadalia village is located in North Delta locality with total population of 5802, it is composed predominantly of members of the Hadendewa tribe. Assessment data analysis indicated that women are not engaged in income generating activities relating to farming, animal rearing or trade. Farming is practiced by male members of the IDP and host community households. Fifty percent of the IDP households in the sample have males practicing farming activities, while 75% of the households of the host community have males engaged in farming as an income generation activity. Access to land by IDPs in Hadalia is restricted by the recognized wrights of the host community members. Their being members of the same tribe of the host community members has facilitated some access to farm land cultivation. The Hadendewa have historically enjoyed autonomous control over their resources. They have always allowed landless members their tribe and others to cultivate land parcels in their territory, but on the condition that the users agree to pay token land rents (referred to in as gudab) in recognition of the land ownership rights vested on the Hadendewa by customary laws. From the people interviewed, animal production in Hadalia is only practiced by male members of the host community households. None of the IDP and host community families interviewed have females practicing animal rearing. Also, none of the IDP and host community families have females practicing trade activities. Trade is practiced by males in 75% of the sample host community households, and by males in 50% of the interviewed IDP households. The cultural norms of the IDPs and the host community are similar, all being members of the Hadendewa tribe. The deep seated cultural norms are likely to constitute a formidable barrier to engagement of women in income generation activities outside their homes. Thus, there is a potential for engaging women in home-based income generation activities. Such an engagement is socially permissible, since women are not going to mix with men, and they can form women productive groups without much social restrictions. 2.3.5 KraiDareer KraiDareer village is located in West Kassala locality with total population of 3600, it is composed predominantly of members of the Rashaida tribe. This community is not hosting IDPs. It is a homogeneous community composed members of settled families. The assessment revealed that all of the households have male members who are engaged in farming as an income generation activity, compared to only 15% of the households that have females engaged in agricultural production. Women are more involved in small animal production (in 60% of the interviewed households) and a lesser number of the households have men engaged in animal production. Trade is solely engaged in by males (about 40% of the households reported male member's engagement in trade activities. The remained are manly wage earners from laboring work. The Rashaida are known to active in local and cross border trade activities. The Rashaida are present in significant numbers in West Kassala locality and elsewhere in Kassala States. They are to be regarded as relatively recent migrants. Their forefathers migrated to Sudan from the Arabian Peninsula a little bit more than a century ago, but they have managed to keep their cultural heritage and social norms almost intact. The Rashaida used to lead a predominantly transhumant pastoralist way of life. Lately, however, they have recently become more inclined to settle. They now reside with greater concentration in West Kassala locality, where they have formally established a series of villages and homesteads with permanent building materials in an area stretching from Kassala town to the Butana bridge on River Atbara (and that was with the consent of the state government, and the leaders of the other tribes (notably the Hadendewa who regard the location where the Rashaida are settled now to be part of their customarily owned ancestral land). KraiDareer is one of the relatively recent settlements of the Rashyida. 19 2.3.6 El Geneid Is located in River Atbara locality with total population of 2250, it is composed predominantly of members of the Shukriya tribe. The Shukriya are the principal inhabitants of the Butanaregion andare predominantly agro-pastoralists. They are regarded as one of the Arabic speaking peoples who emerged as powerful tribes in northern Sudan following the downfall of the old Nubian Kingdoms. Most of the population of El Geneid is members of the Shukriya tribe who were settled following the establishment of the New Halfa Agricultural scheme following the settlement of the Nubians who were forced to migrate to the New Halfa area following the construction of the High Dam in Egypt which resulted in the inundation of their ancestral lands. The government decided to give tenancies in the New Halfa project to members of the Shukriya in order to prevent any feeling of gr5ievance among members of the Shukriya tribe which has claims over the land in which the New Halfa Agricultural project is located. Thus, a significant number of the households in El Geneid have tenancies of 15 feddans in the adjacent irrigated agricultural scheme. The analysis of the data obtained from the interviewed household indicated that most of the community residents are engaged in farming, animal production and trade activities as means of livelihood. Farming is practiced by males in 78% of the sample household, compared to 22% of the households where women are also engaged in farming operations. Many of the residents practice irrigated agriculture in tenancies in New Halfa Agricultural Project and some also practice rain fed agriculture. Animal production is also a main activity in El Geneid, where 56% of the household in the sample have males engaged in animal production, and females in 66% of the sample households that were indicated their involvement in animal production activities. Trade was also found to be a major means of livelihood for men in about 56% of the households, and fewer women practice trade as revealed to be the case in 22% of the households. 2.4 Project Beneficiaries. As guided by the findings of the Base line surveythe criteria for selection of the communities to be targeted during the piloting phase of the SLDP in Kassala State included: • Degree of vulnerability (as reflected by the percentage of the households headed by women); • Income/poverty level; • Experience on participation in programs to access services to increase productivity (credit/savings);Community organizations; and • Closeness/interaction with other communities (that maximizes opportunities for exchanges and marketing). The beneficiaries of the project are IDPs and host communities, local authorities responsible for the delivery of basic services and promotion of livelihood in vulnerable communities9 and local NGOs and other organizations active in delivering public services. Direct beneficiaries are 900 HHs, i.e. 150 HHS per community). Therefore the project has targeted 5400 beneficiaries 2.5 Project detailed Activities/ Interventions The project focuses on the promotion of sustainable livelihoods for the beneficiary households in the targeted communities. It is envisaged that integral attention will be given to key aspects of the value chain for traditional and/or potential livelihood, income-generation, activities in the project area. It is envisaged that the pilot activities will initially focus on four main lines of livelihood, income-generation activities to achieve the greatest possible impact with the limited resources available to the project: 9 Ministry of Finance, Economy and Labor, Ministry of Public Works, Ministry of Agriculture, Ministry of Water and Irrigation, Ministry of Health, Ministry of Education 20 • Agriculture : The proposed sub activities under this activity as below, For Individual Household Support: • Inputs such as improved seeds and fertilizer*, pesticides as required • Tractor hiring cost for ploughing • Labor cost for harvesting • Constructing irrigation channels for irrigated land • Small water pumping assistance • Group Farming: The Project will encourage more households to join together to cultivate specialized or group farms activity. There are many irrigated farms in and around Kassala. Approx area is a 5-10 feddan farm. A minimum of 25 members would need to join the group, the support including (i) borehole and pumping set; (ii) a solar power unit and land preparation, irrigation channels, and cultivation/harvesting • Livestock • A pack of 5 goats and sheep come with babies. • A pack of 5 sheep and goats - feed • Poultry unit-30 chicks two weeks plus old, chick shed and feed for 35 days – • Cows –up to two cows per HH and feed cost for 3 months • Small business: • Small grocery shop with storage and display vessels, scales, a steel cash box: as working capital • working capital for Corner shop • Tailoring: • Clothing shop /Handicrafts shop/Household pots and pans shop: • Vegetable shop • Beauty salon- • Rural restaurant i.e. food shop • Slaughtery /meat shop- • A generator for supplying electricity to houses on charges • Activities suitable for Groups • Tent renting • Motor rickshaw vehicle • TV viewer shop • Rural Transport (Donkey cart) • Skill development based Livelihoods: such as (Bicycle repair, Motor Repair, Carpentry, Black smithy, Tailoring and Mechanic-tools and welding machine- 21 Chapter Three: Legal and Institutional Framework 3.1 Regulatory Framework for Environmental Impact Assessment (EIA) Overview Sudan is one of the first African countries that passed sectoral laws for the protection of the environment. However, these laws are further supported by an umbrella law enacted in 2001, the 2001Environmental Conservation Act. This Act provides general principles and guidelines to be considered in implementing any development project. The Act makes it the responsibility of the project proponents before embarking on any development activity to carry out an EIA to identify the positive and negative impacts of the project along with recommendations to mitigate negative impacts. The Act provides definitions and clarifications regarding natural resources management, pollutants and sources of pollution, endorses the Polluter Pays Principle, and specifies issues to be considered in EIAs (Article 18) which include: • Description of the existing environment before the project; • Description of the project activities; • Assessment of potential environmental impacts, both positive and negative; and • Provision of recommendations to mitigate the negative environmental effects. The implementation of the provisions of the Act is entrusted to the Higher Council for Environment and Natural Resources (HCENR) established in 1991 and the Ministry for Environment and Physical Development (MEPD) established in 1995. Environmental protection is further supported by the 2005 Interim National Constitution of the Republic of the Sudan. This Constitution is based on the provisions and articles of the 2005 CPA and relevant articles of the 1998 Constitution of Sudan. The Interim Constitution endorses the rights of citizens to live in a clean environment (Article 11) and directs attention to the protection and conservation of natural resources. Article 43 (2) of the Interim Constitution gives the National Government the right to expropriate land for development purposes and compensates the owners. There are a number of articles related to natural resource management, pollution control, protection of cultural heritage sites and respect of traditional and customary regulations related to land ownership. The Interim Constitution also specifies land issues which are under national powers (Federal level) and those under the control of states as well as joint powers (concurrent powers) shared by the Federal and State institutions. The states manage issues related to State lands which are not under the National control. These include management, lease and utilization of lands belonging to States, town and rural planning and agricultural lands within the state boundaries. The concurrent powers include matters related to urban development, planning and housing, electricity generation, waste management, consumer safety and protection, water resources other than inter – state waters, and regulation of land tenure and the rights on land. Articles of the Constitution and the Environment Conservation Act (2001) of relevance to this project are the right to expropriate land and compensate the owners as well as issues related to the safety and protection of the inhabitants, beside penalties incurred for environmental damage and pollution as well as respect of the International Environmental Agreements ratified by Sudan. 3.1.1 Land Tenure Regulations There are many laws that govern the land in Sudan including: 1. Land Demarcation and Survey Act 1905: This law is still in force and is important because the demarcation of land and its boundary are determined by the surveying authorities. 22 2. Land Settlement and Registration Act 1925 is an important law which necessitates the settlement rights of people. The Act provides for the process of obtaining land ownership and transaction in land certificates. 3. The 1970 Unregistered Land Act: It was in 1970 when the first substantive national legislation on natural resources, the Unregistered Lands Act, was introduced and implemented indiscriminately all over the country, even in places that have or had no previous system of land registration. 4. The Civil Transactions Act 1984. It incorporated many laws which were active at its promulgation, and they were codified therein such as the Prescription and Limitation Act 1928, the Unregistered Land Act 1970 and so on. This Act contains distinct and multiple sections exceeding four hundred sections, all of them dealing with land issues such as the provisions relating to the ownership and undivided ownership, family ownership, benefits of land, the easements and expropriation of land by time bar or inheritance, will or (shufaa) . 5. Physical Planning and Disposal of Land Act 1994 6. Towns Land Disposal Regulations 1947. 7. Villages Land Disposal Regulations 1948. 8. Religious Purposes Land Regulations 1949. 9. Non-governmental Schools Lands Regulations 1949. 10. Clubs Sites Land Regulations 1950. 11. Petroleum Storage and Sale Sites Land Regulations1950. 12. Rain Fed Land Disposal Regulations1953. 13. Disposal of Schemes which do not require License 1953. 14. Disposal of Schemes which require License 1953. 15. Cinema Land Sites Regulations 1960. 16. Private Hospitals Lands Regulations 1960. 17. Investment Act 1992, 2014 18. Quarrying and Mines Act 1972. 19. Toker Delta Act, 1922. 20. Laws regulating Water, Irrigation, Rivers, and Nile Waters and the relevant Agreements. 21. Land Acquisition Act 1930, it provides for the process of compensation and arbitration between the beneficiaries and the Government. The policy, legal and institutional framework created during the past century has been rendered inadequate by the tremendous changes in the social, political, economic and cultural circumstances of the country over this period. The increase in population and the large-scale process of population redistribution have resulted in a heightened demand and competition for access to land and other natural resources. In addition, the changes in the global environment brought about by the globalization of economies and politics have combined to create a reality significantly different from the one conceptualized when the existing frameworks were created. This reality necessitates a reform process and the need for new approach to address land tenure and natural resources governance. A perceived impetus to that was provided by the CPA and the Sudan Interim National Constitution (SINC). Besides sectoral laws implemented by Federal Institutions, there are also State Level Laws based on National Laws with emphasis on particular local or State problems. However, most of these are considered local orders issued by localities to address problems related to pasture and grazing which are based on customary tenure to specify corridors to be followed by nomads. 23 3.1.2 National Adaptation Plan of Action (NAPA): Sudan prepared National Adaptation Plan of Action as a framework for mainstreaming adaptation to climate change in the development process by inclusion of climate and vulnerability in sectoral and development policies. (NAPA) highlights key environmental issues that need to be addressed which include soil erosion; deforestation; water resources degradation and depletion; threat to fish resources; threat to biodiversity; human habitat degradation; high population growth among others. Also (NAPA) provides guidelines actions to be taken by stakeholders such as local communities, government, agencies non- governmental organizations and donors in environmental planning and management. 3.1.3 The Sudan National Policy for Displacement (2009). Internal displacement of Persons emerged as a “phenomenon” in Sudan in the mid 1980s as a result of the wave of drought and desertification which hit the country and the whole region at that time. Most parts of the country were affected by that wave. • Basic Principles: • The state endeavors to prepare IDP plans, programs and project, in which international community may be involved, without infringement on national supremacy, as displacement is an internal affair in which efforts of the state and the international community go hand in hand to provide humanitarian assistance. • An IDP in the Sudan is free to move and choose the place of his stay. IDPs have the right to move freely within IDP camps and exit without any restriction. • The state ensures the provision of protection to IDPs as citizens who were compelled to leave their homes as a result of natural disasters or wars. They have their dignity which must be cherished and are fully entitled to the care provided by the state. • The state ensures the provision of policing services and maintenance of law and order in IDP communities. Local authorities provide protection to IDPs in their return areas as well as in their resettlement areas. • The state ensures facilitation of procedures pertaining to acquiring of ID documents and land deeds to enable them enjoy all their constitutional rights. • Provision of assistance to IDPs to enable them has decent means of subsistence. The state endeavors to develop IDPs capabilities and skills which could be used to achieve stability and development. • Provision of comprehensive care to IDPs, including basic services such as education, health, accommodation and drinking water. • Development projects must cater for the IDPs so long as to encourage fostering relationships between IDPs and host communities to achieve social bonding. • With regard to options available to IDPs, the state endeavors to achieve what is best for them, including voluntary return to original areas, integration in host communities or resettlement in other areas in the country. • Minimizing reliance o relief by training IDPs on different ways of production and by encouraging them to proceed to production areas. • Adoption of approaches of balanced development and sustainable development in dealing with IDP issues. • Promotion of the culture of peace and reinvigoration of social activities. Attention must be given to youngsters, with special care provided to creative groups amongst IDPs. • Local authorities are to ensure that IDPs, who have returned to their homes and places of abode or have chosen to settle in any part of the country, are not discriminated against and have equal rights in the participation in public affairs at all levels. • IDP experience in the Sudan must be documented and studies be carried out to shed lights on the positive aspects of the phenomenon, including its effect on national unity and cultural understanding. • Humanitarian assistance provided to IDPs must not have any form of harmful effects, short or long term, on them. Prompt fixes for such effects must be provided. • Assistance provided to IDPs must not constitute any source of tension or conflict and must not kill the spirit of self-reliance. • Humanitarian assistance provided must work to upgrade the capabilities of IDPs. 24 • Priority must be given in the provision of assistance to the most vulnerable groups, especially women and children. Assistance must be given without any form of discrimination and must cover host communities. • All government institutions, at federal, southern Sudan and local levels, have to ensure that all items of this policy are equally applied to IDPs who voluntarily return to their homes using their own resources. 3.1.4 Interim Poverty Reduction Strategy Paper: The interim poverty reduction strategy focuses on the reintegration of displaced persons, the reintegration involves a systematic approach to end the temporary, uncertain and dependent status of these displaced populations by providing permanent access to shelter and sustainable livelihoods in new or existing communities, to economic and social opportunities such as land, credit, market places, schools and heath facilities, and participation in civic activities and decision making in the communities. Section 88 reintegration, for sustained peace and development recognized a systematic and credible national reconciliation effort that aims to bring diverse groups of people together and helps to consolidate national economic and political aspirations, creates a supportive environment for reintegration. By reintegrating IDPs into communities and permanent self- sustaining livelihoods and away from dependence on relief assistance, largely funded by international relief agencies, the costs of maintaining them will be eliminated and they will begin to make value adding contributions to the national economy. 3.1.5 Interim Constitution of Sudan 2005 Constitution of Sudan provides legal framework under section guiding principles and direction chapter 11 environment and natural resources gives peoples of Sudan right to: (1) A clean and diverse environment; the State and the citizens have the duty to preserve and promote the country’s biodiversity (2) The State shall not pursue any policy, or take or permit any action, which may adversely affect the existence of any species of animal or vegetative life, their natural or adopted habitat. (3) The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to their management. 3.1.6 Sudan Protection Sector Strategy 2013 Since the beginning of 2013, Sudan has been witnessing a significant deterioration in the humanitarian and security situation in many parts of the country and a marked increase in internal displacement. In this context, the Protection Sector’s overriding objective is to support the Government of Sudan in strengthening the protection environment for conflict affected populations. In light of the significant challenges to delivering protection in Sudan, this Strategy focused on developing a response based on the most urgent protection needs identified, namely the risk to life and the physical insecurity suffered by conflict-affected populations, especially IDPs. The Protection Sector is guided in the pursuance of its strategy by the following legal underpinnings. The national legal framework in Sudan is notably strong with a Constitution that includes respect for ratified international treaties and conventions, as well as a Bill of Rights. Key international instruments Sudan is party to include the International Covenants on Civil & Political Rights and on Economic, Social & Cultural Rights, the Convention on the Elimination of all forms of Racial Discrimination, the Child Rights Convention, the 1951 Refugee Convention and the Convention on the Rights of Persons with Disabilities. Important national instruments for the first time reference to violations of International Humanitarian Law with provisions for strong safeguards and protection to populations affected by armed conflicts, including IDPs. There is also the Armed Forces Act of 2007, 25 which prohibits causing the displacement of populations, as well as the 2009 National IDP Policy. On the other hand the Protection Sector was identifying seven priority areas of intervention one of them was: • Prevent/mitigate the effects of conflict /violence through advocacy and awareness raising on conflict induced protection issues. • Identify and respond to the protection/assistance needs of extremely vulnerable individuals and persons with special needs. • Prioritize community resilience to improve self -protection capacities and support to extremely vulnerable individuals and persons with special needs. • Support response mechanisms and safe service delivery to survivors of violence and those at risk, including psychosocial, legal aid and medical & physical safety. • For durable solutions, advocate and ensure safe and secure conditions through monitoring and tracking, in line with the principles of voluntariness, safety & dignity. • Support IDPs and host communities’ active participation in durable solutions processes, to ensure IDPs make an informed choice about their right to local integration, return or relocation. 3.1.7 Sudanese Encyclopedia of Human Rights: The displaced people are Sudanese citizens enjoy all the rights and duties of citizens guaranteed by the Constitution. And protect and assist them in basically the responsibility of the state and provide humanitarian aid partners nationally and internationally. To handle all the problems of the displaced unit was created displacement and voluntary return in 2003for the purpose of follow-up programs of voluntary return of displaced people and that as a body belonging to the HAC. Following the signing of a policy framework between the Government of Sudan and the SPLM in July 2004It was agreed to set up two units for displaced people in both Khartoum and Rumbek for the planning, coordination and follow-up programs for the voluntary return of the displaced. In the second halfof2005,the unit has been upgraded to the national center for the displaced and the voluntary return. 26 Chapter Four: The Environmental and Social Management Framework (ESMF) 4.1Introduction The purpose of the ESMF is to ensure that any activity supported by the project is environmentally and socially sound and sustainable, does not cause harm to valued environmental components (VEC), of negatively affects people’s lives and livelihoods. The implementation of the project must ensure that: • Environmental and social considerations are included as criteria for project screening, site selection, design and development of project activities; • Environmental and social assessment is an integral part of project designs and any resulting activity with potentially adverse impacts; • ESMF guidelines are followed and applied throughout the project cycle; • The purpose, principles and provisions of the ESMF are introduced to stakeholders and beneficiaries through awareness raising, education, and promotion of environmentally and socially beneficial activities. • Negative environmental or social impacts are effectively avoided, minimized of mitigated / compensated / offset, and projects implemented and operated in a sustainable manner. The World Bank has a framework consisting of 10policies governing environmental and social safeguards, plus a disclosure policy which also applies to the sharing of environmental and social data and documents in Bank financed projects. The key policy governing the environmental and social assessment and management approach in all Bank financed investment projects, is Operational Policy (OP) 4.01 on Environmental Assessment (EA). This OP defines the World Bank’s environmental assessment requirements to ensure that funded projects are environmentally sound and sustainable. OP4.01 requires a screening process is undertaken for all funded projects to assess the magnitude and adversity of predicted environmental impacts and to determine the appropriate extent and type of EA. Depending on the type, location, sensitivity and scale of the project as well as the nature and magnitude of its environmental impacts, World Bank supported projects are classified into one of three categories: • Category (A): Projects which are likely to cause significant and possibly irremediable environmental impacts. • Category (B): Projects which are likely to cause lesser adverse impacts than those of Category A and the impacts are often remediable or mitigate able. • Category (C): Projects which are likely to cause minimal or no adverse environmental impacts. This project is rated as Category B. The safeguards policies that have been triggered are listed in the table (4) below: 27 Table (4): Safe guard Polices that might Apply Safeguard Policies Triggered Yes No TBD Environmental Assessment (OP/BP 4.01) X Natural Habitats (OP/BP 4.04) X Forests (OP/BP 4.36) X Pest Management (OP 4.09) Physical Cultural Resources (OP/BP 4.11) X Indigenous Peoples (OP/BP 4.10) X Involuntary Resettlement (OP/BP 4.12) X Safety of Dams (OP/BP 4.37) X Projects on International Waterways (OP/BP 7.50) X Projects in Disputed Areas (OP/BP 7.60) X 4.2. Positive Environmental Impacts The potential SLDP facilities to be provided and associated activities are agriculture and small businesses like livestock, community farm/ poultry, Provision of irrigation facilities, agro- processing, water irrigation system include pumping, mechanics and metal carpentry. The impacts have been categorized into beneficial and adverse impacts. Beneficial impacts include: • Increased farm incomes from crop output and Food Security • Poverty Alleviation • Development and rehabilitation of water supply for people and livestock • Improved soil conservation • The project will minimize wind and water soil erosion • Improve soil quality by selecting plants that help improve organic matter • Improve air quality by using perennial plants including trees, shrubs, grasses, and perennial forbs • • Employment creation for community members, and Empowerment of farmers • Reduced the adverse environmental impact including , reduction of wood cutting and charcoal selling, provision of energy options, environmental awareness, etc • Community stability • Reduce school dropout • Bring effective and lasting improvement in the livelihoods of people, and can lead to better use and protection of the natural resource base • Increase access to markets and social services, such as health care and education • Improvement of skills and knowledge at community productive segments 4.3 Identification of Potential Adverse Environmental and Social Impacts This section identifies the potential environmental and social impacts likely to arise as the result of the investments of the SLDP projects with a view to facilitate early evaluation of such impacts and integrate suitable mitigation measures during planning stage itself. Based on field visits and discussion with the potential executing agencies, the typical adverse impacts associated with the investments are very negligible or nil impact’ significance is where a resource or receptor will not be affected in any way by a particular activity. The following major stakeholders were consulted for role identification and for potential environmental and social impacts likely to arise from the subproject implementation: • Ministry of Finance • Ministry of Agriculture • Affected communities within the project’s area of influence • Ministry of Environment • Higher council of environment and natural resources • NGOs, CBOs 28 MFNE at State level through the implementation arrangements established by the project, will ensure the overall application of the safeguard policies. The envisaged project activities, including the appraisal studies and capacity building, as well as the promotion of livelihoods in IDP camps which will not have significant negative environmental impacts. Potential negative impacts will be limited and mostly reversible. Mitigation measures have been included in the design of the proposed activities as necessary. The project is located in arid areas with scarce water resources and not very favorable soil conditions. As such, the design of a larger follow-up project will consider the introduction of adequate practices for agriculture development, animal husbandry and irrigation to ensure environmental sustainability. The focus of the activities of the project is on appraisal studies, capacity building and some livelihood support initiatives in the IDPs Camps. The implementation of the present initial project does not trigger social and environmental safeguards; however (a) community-driven investments – which may raise environmental and social issues – are envisaged under the project; and (b) project activities are conceived as an initial, preparatory phase for the detailed design and implementation of a larger follow-up project in eastern Sudan. Therefore the proposed project is categorized under environmental category Band will undertake Environmental Assessment OP/BP 4.01. Apart from this, the project will create awareness and intervene in safeguard capacity enhancement activities that enable to capacitate the future project implementing bodies, relevant stakeholders and local communities to consider the possible environmental and social issues during the preparation and implementation of the expected follow-up project 4.4 Anticipated Adverse Impacts Some of the major potential environmental issues/impacts arising from project activities and their impacts are listed in the table (5) below. This scope of potential impacts will be used to inform and facilitate the screening process as described above: Table (5) Project activities, with potential adverse environmental and social impacts No Projects and Associated Potential Major Environmental Impact Magnitude Duration Activities and Social Impact Issues Negli Mino Mod Signif Large Short Mid Long Perm gible r erat icant Term term Term anent e Temp 1 • Irrigation facilities. • Land or water degradation due X X to the construction, maintenance and rehabilitation of small scale irrigation systems or the construction. • Water related diseases. X X • Potential increased water consumption due to brick- X X making process; also clay for the bricks is sourced from borrow pits by hand, in areas that were often previously farmed. In the wet season, these pits may fill with stagnant water and contribute to environmental health problems such as malaria. 29 2 • Community • The spread of diseases X X farm/ poultry. related to poultry breeding • Management of chicken manure and its contamination potential X X for land, surface water and groundwater. • Management of large X X amounts of manure which could be polluting the environment. 3 • Agro processing • Land clearing- vegetation X X facility loss • Plantation • Noise, water pollution and development solid waste disposal. X X (agriculture) • Changes in biodiversity X X • Soil and land degradation X X • Agro chemical usage X X • Pest management X X X X • Groundwater pollution X X • Micro climate changes X X • Fire management (bush fire) 4 • Project may • Land degradation caused X X attract outside by overharvesting of immigrants to seasonal fodder and shrubs. already stress environment and further increase pressure on existing resources. 5 • Removal of silt • May lead to soil erosion, X from the canals. remove of clay/fertile soil on the surface 6 • Disposal of • Might create pollution X X Waste Materials, such Irrigation, Poultry, community Farm, Metals workshops, etc 4.5 General Social and Environmental issue. • Creating or facilitating access for forest exploitation. • Bush clearing (using slash and burn methods) of marginal forest or bush land with subsequent depletion of soil fertility. 30 • Attraction of large migrant populations to communities that have successfully improved social infrastructures (such as farms, water sources) resulting in pressures that lead to overcrowding, depletion or constraint of resources. • Domestic waste disposal • Project may create conflict between livestock herders and farmers/local population 4.6 Environmental and Social Mitigation Measures The mitigation measures or guidelines have been designed in order to avoid, minimize and reduce negative environmental and social impacts (Table 6). The ESMF considered a number of mitigation and enhancement measures and also principles for implementation to ensure that the project become socially acceptable, environmentally sound and sustainable. One of the key objectives of the ESMF is to provide a framework for preventing or mitigating the negative impacts associated with the project implementation. The following mitigation measures would be used: Table (6) Project activities, with potential adverse environmental and social impacts N Projects Activities Environmental and Social Mitigation measures Impact Issues 1 • Irrigation • Land or water degradation Contractors should follow code of construction of water facilities. due to the construction, facilities maintenance and rehabilitation of small scale irrigation systems or the construction. Health Hygiene • Water related diseases. Awareness raising on environmental water sanitation • Potential increased water Training of Beneficiaries on Water Management consumption due to brick- making process; also clay Provision of livelihoods options for the bricks is sourced from borrow pits by hand, Provision mosquito nets in areas that were often Close Monitoring and follow up by Project Unit previously farmed. In the Traditional water terracing and embankments wet season, these pits may fill with stagnant water and contribute to environmental health problems such as malaria. • groundwater depletion and soil salinization. 31 2 • Communit • The spread of diseases Regular vaccination of poultry y farm/ poultry. related to poultry breeding Development of simple waste management • Management of chicken manure and its Provision of barrels for waste contamination potential for land, surface water Designation of Waste areas by Localities and groundwater. Usage of manure as source of fertilizers • Management of large amounts of manure which could be polluting the environment. 3 • Agro • Land clearing- vegetation Code of land preparation for contractors processing loss restoration, facility • Noise, water pollution and re-vegetation and a forestation • Plantation solid waste disposal. Proper equipment with mufflers and insulators; development • Changes in biodiversity Time management by keeping to daylight working hours and (agriculture) • Soil and land degradation respecting weekends / holidays; • Agro chemical usage Prohibition of idling machinery; erection of sound barriers • Pest management Proper placing of workshops, generators ,plant or machinery • Groundwater pollution at sufficient distance from settlements or sensitive receptors.. Awareness raising • Micro climate changes Use of Natural manures • Fire management Pesticides Weeding Extension services 4 • Project may • Land degradation caused • Provision of possible additional services attract outside by overharvesting of • Training of community /traditional leaders on conflict immigrants to seasonal fodder and management already stress shrubs. • Enforcement of laws and regulations environment and further • Might Create resource • Allocation of destination areas by the locality for new increase based conflict comers pressure on • Development of Monitoring and follow up system by existing Project Unit resources. 5 • Removal of silt • May lead to soil erosion, • Training for beneficiaries from the canals. remove of clay/fertile soil • Use on intermediate technology on the surface • Use of plastic irrigation pipes 6 • Disposal of • Might create Installation of sedimentation basins, oil skimmers, Waste pollution Silt barriers, Materials, such Biological attenuation ponds such as engineered wetlands, Irrigation, Evaporation ponds; Poultry, Reuse and recycling as far as possible; Collection at central community points; transport to a licensed waste management facility, if Farm, Metals not available then incineration or burial, where the impact on workshops, etc air, soil and water is proven to be acceptable by an appropriate assessment. 32 Chapter Five: ESMF): Implementation Institutional Arrangements: 5.1 Institutions At federal/National level The institutions at national level responsible for the implementation and monitoring compliance to both national and international agreements include: • The Higher Council for Environment and Natural Resources (HCENR); • Ministry of Environment, Forestry and Physical Development (MEF&PD); • Federal Ministries of Health, Education, Industry, Utilities and Agriculture; • Ministries and Councils at State and Local Levels. The environmental acts and laws provide standards to be applied in assessing the probable environmental impacts of the project. It is important to note here that State Organs and Local laws deal with issues at State or Local levels, while the Federal Acts provide general directives and set limits and standards to certain environmental concerns without going into problems of a local nature. Based on the provisions of these legal requirements and sectoral laws as well as policies of different departments, the impacts of the proposed projects are to be assessed and appropriate mitigation measures recommended. Although EIA is a requirement of the Sudan Environmental Protection Act of 2001, EIAs were being undertaken before 2001 for most projects, especially those funded by international organizations and agencies. In most cases, EIA is being conducted by prominent local and international consulting firms and submitted to the HCENR for approval. At the ministerial level, only the Ministry of Transport, Roads and Bridges, the Ministry of Health, and the Ministry of Energy and Mining have established Environmental Units with guidelines for companies working in transport, health and petroleum development. The work of the Sudan Standards and Metrology Organization (SSMO) adds to the legal requirements for environmental protection. At the State Level, only few States have established State Environmental Authorities and hence, the provisions of the Environmental Protection Act (2001) are applied with modifications to suit local problems. 5.1.1 Federal Ministry of Finance and National Economy (MOFNE): The ministry is in charge of the project at the federal level and is signatory to the Grant Agreement (GA) with the World Bank. It has the fiduciary responsibility of ensuring correct use of funds, observance of other conditions of the GA, and reporting to the World Bank. It is also the recipient of the project funds from the World Bank and transferring these to the designated project account. The ministry will be assisted by an inter-ministerial and donor represented Project Steering Committee chaired by it. Its role and responsibilities are described below. 5.1.2 Project Steering Committee (PSC): PSC will be the apex body of the project in Khartoum to provide overall policy guidance. It will be chaired by the federal Ministry of Finance and National Economy, with the participation of representatives from MOFEL, COR, World Bank (SDV/AFTCS), UNHCR, UNDP and participating Donors. The SPU with active participation of the East Sudan TSI Coordination Agency will provide substantive secretarial support to the PSC. The Committee will meet at least biannually or more often as required by the project requirements. Its key functions will include: • General oversight of project implementation; • Approval of annual work plan (AWP) and Budget; • Annual and mid-year review of project progress and addressing implementation issues; • Review annual report and give directions for improvement of performance, as needed; 33 • Receive audit report and take decisions on audit objections/observations; • Addressing issues which cannot be resolved at SPU and department levels and by the Technical Working Group (TWG) chaired by MOFEL; • Approve proposals to restructure the project; and to seek extension of the project closing date, as needed • Review the mid-term review report (MTR) and the project completion report at the close of the project term; and • Recommend to the ministry to issue directions for compliance by state government, PCU and other implementing agencies on issues of importance. 5.2 Institutional Arrangements at Project Level The following are the entities actually contribute to the key steps of environmental regulation on project level: which including o screening and classification, determination of required assessment process o supervision of ESIA process and review / quality control of outputs. o issuance of environmental license / permit o environmental compliance supervision during project implementation 5.2.1 Project Operation Manual (POM) The manual is a document meant to guide project implementation. The POM clarifies the overall project reporting mechanism, the roles and responsibilities of the different parties involved in project implementation, and the detailed procedural aspects of implementation. The POM has been adapted for SLDP. The adapted POM will guide implementation of SLDP Project. 5.2.2 Cooperative Implementation The cooperative implementation will mean a well coordinated implementation of the two principal programs of the three agencies (UNDP, UNHCR and World Bank) in which state government will be the lead partner and act through the TSI-CA also known as the State Project Unit (SPU). It shall, however, not mean a joint implementation. In operational terms cooperative/coordinated implementation would mean that each of the three principal partners will execute their respective programs in terms of the arrangements indicated in their respective project documents and in terms of the rules and regulations of the respective agencies. This arrangement has been necessitated by the realization that bringing each of three implementing agencies’ procurement/financial/operational rules to a common platform would be a humongous, complicated and time consuming task and therefore a coordinated implementation under each agencies respective rules for their respective program will be a much more practical and doable endeavor. 5.2.3 SLDP/SPU/ East Sudan TSI Coordinating Agency (TSI-CA): The project Grant Agreement obliges the government to establish and maintain throughout the life term of the project a PCU for managing the project. As already stated the project will share PCU already established for the SPDP 2. The PCU is headed by a Project Coordinator who reports to the MOFNE. In addition, the PCU has in position the following professional staff: Finance and Accounts Manager (FAM), a Procurement Specialist (PS), a safeguards specialist (SS), an Information Specialist and necessary support staff. Since implementation of SLDP is mostly ground based the main burden of implementation and coordination will fall on its resident unit at Kassala called State Project Unit (SPU) which for reasons already explained, will also be named TSI-CA. 34 The TSI-CA will have two principal responsibilities (i) implementing the “Sustainable Livelihoods for Displaced and Vulnerable Communities in Eastern Sudan” and (ii) securing coordinated implementation of this project with the UNDP/UNHCR supported Joint Program (JP) and by extension other donor and government supported programs in the target areas for the displaced communities as may be decided by the TWG/PSC. Its third understated role is to prepare this Unit to become institutional base for longer term management of development programs for the displaced communities beyond the life term of the two principal projects of SLDP and JP. The name TSI-CA will stick even after the projects have completed their life- term and the term SPU, specifically created for coordinated implementation by the PCU through its resident unit in Kassala, will no longer be valid. Once a proposed activity is considered by the SLDP for implementation, desk and field appraisals must be conducted by the SLDP (Appendix C) to ensure the eligibility of the activity and to validate the information included in the proposal package. The environmental assessment of the activity must be undertaken before project approval, during the design phase, so that the Environment Specialist may decide on review the environmental assessment requirements (screening checklist, EDS, environmental assessment, reports, etc.), assess whether the suggested mitigation measures are appropriate and integrated effectively into activity design, and assess whether to conduct a desk review or a field review depending on the nature, magnitude, and severity of predicted environmental impacts determined during preparation. The results of the various environmental appraisal documents must be summarized in an environmental appraisal form shown in (Appendix C), and would be included with the Activity Appraisal Report. For activities requiring a full EA, the SPU/PCU with support from the environmental specialist is required to obtain HCENR approval for the EA. During the first year of project implementation, the World Bank is required to review and approve the EA after the HCENR’s approval and before financing is authorized. Post review of EA will be subsequently undertaken as part of the regular World Bank supervision missions provided that the World Bank is fully satisfied that the EA requirements comply with OP 4.01 during the first year. The SPU/PCU with support from the environmental specialist must ensure that the recommendations of the Ea are included in the technical specifications of the construction bidding documents and in the mitigation measures developed for each activity incorporated in the POM (Appendix B). Upon approval of the activity proposal, arrangements regarding implementation and supervision are contained in the agreement between the SLDP and the contractor. It is necessary that the SLDP ensures that the results of the EA (ESMP, plus possibly special mitigation measures, design specifications, supervision plans and monitoring arrangements) are incorporated into the contract document. The execution of the activity contract and supervision is the responsibility of the SPU/PCU. Part of the supervision duties is to ensure that mitigation measures are properly implemented, good practice environmental procedures are respected, and that no unforeseen negative impacts occur as a result of activity execution. The following are the main concerned institutions: 5.2.4 Project Technical Working Group (TWG) will be established in Kassala under the chairmanship of MOFEL as an oversight body at the field level, principally to review implementation progress from time to time and to assist in the coordination of project implementation among government organizations, donors and the East Sudan TSI Coordination Agency. TSI CA will provide secretarial support to the TWG which will include representatives of the PCU, UNHCR, UNDP, the state ministries participating in the project, the Commissioners of Rural Kassala and Aroma Rural, and COR. Its key functions will include: • Review AWP and annual Budget and recommend for approval to the PSC; 35 • Approve changes in the AWP and budget on the basis of a mid-year review; • Review quarterly progress reports put up by the TSI-CA, and also individual progress reports if put up by UNDP and UNHCR in respect of their respective programs and make suggestions/comments for the benefit of the implementers in order to make improvements in program implementation; • Address inter-agency issues tabled by the TSI-CA and any other implementer; also give appropriate directions in this regard; and • Activities under the project and the sub project. Site inspections jointly with PCU/TSI-CA of critical TWG will meet on a quarterly basis or more frequently as required by the project. In case of emergent situation TSI-CA in consultation with chairman of TWG will convene an emergency meeting even with a short notice. 5.3 Community Institutions Beside government institutions responsible for environmental management, there are also local institutions that play important roles in environmental management. These include: - Native Administration (Nazer and Chiefs): the Native Administration implements both traditional customary regulations as well as delegate’s authority to implement forest, range, and pasture regulations. In this respect, they organize village land for agriculture and areas for grazing. They also organize nomadic corridors, specify their grazing areas, and mobilize local communities to open fire lines to protect rangelands from bush fires, fight locust attack, prohibit illegal tree felling, and organize use of water resources. Despite changes introduced by the government in the structure of Native Administration, they still play very important roles in natural resource management and mobilization of local communities. - At the village level there are a number of institutions with inputs in environmental management, the most important of which is the village Chief who controls land allotment and takes part in specifying grazing areas. In recent years, nearly all villages have elected popular committees to administer village affairs in coordination and collaboration with the Chief. Any development activity at the village level starts with permits or requests issued by the Village Committee to be raised to the locality for approval. In the environmental field, such committees play important roles in sanitation and garbage collection beside taking part in mobilization of local communities and providing direct links to the locality for any issues related to village affairs. A screening process, selection and evaluation of SLDP subprojects are required to manage environmental and social aspects of these activities. The extent of environmental assessment that might be required prior to the commencement of the projects will depend on the outcome of the screening process (see checklist). The purpose of the screening process is to determine whether projects are likely to have potential negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into the project design; to review and approve projects proposals and to monitor environmental parameters during implementation. The following steps were followed by MOF, the implementing agency to ensure environmental and social compliance of the SLDP project. Step 1: Environmental Registration of the SLDP project through singing the grant agreement with government Step 2:Conductenvironmental and social impact assessment The roles and responsibilities of the above institutions summarized as in the table (7) below 36 Table (7) Institutional Arrangements in Environmental Decision – Making : Institution Mandate A. At National Level: Minister chairs the Higher Council for Environment Ministry of Environment & Physical Development Environmental, Forestry and Physical Development Policies The Secretariat of Higher Council for Environment & Develop Environmental Policies / Plans Natural Resources (HCENR) Raise awareness on environment Approves EIAs Sign International Conventions Inspections, monitoring, site visits and overall compliance control Line Ministries Implementation of environmental policies and plans Implement Sectoral Laws Coordinate with State Ministries B. At State Level: Implement State Policies State Ministries Implement Sectoral Laws (National or State Laws) Approval of development activities C. At Local Level: Implement local orders on environment Localities Implement local orders on locality natural resources Popular Communities, CBOs and NGOs Implement State Laws Sultans, Chiefs and sub-chiefs Approval of projects at Locality Level Implement local orders Mobilize local communities Submit requests for development activities Depending on the type and size of the activities to be implemented and according to the National and State legislation requirements, a number of approvals and permits might be required from various governmental agencies (Table 8). Table (8) Permits Required for Various Projects in Urban & Rural Areas Project Type Permit required & authority issuing it Agricultural Activities, Locality, State and State Ministry of Agriculture and livestock, State Ministry of including agricultural inputs, Physical planning, SWC tools, irrigation facilities Establishment women farms Community Committee, Women Union, Locality, State Ministry of Physical Planning , Restocking Locality and Ministry of Agriculture and Livestock, Ministry of Physical Planning, native administration Small Business including Village Committee, Native administration, Locality & State Ministry of physical Carpentry, Balk smith planning , workshops Means for Rural Transport Community Committee, Native administration, Locality, Trade Union, State, Small shops( Min grocery) Community, Locality, Trade Unions, State 37 Chapter Six: Mitigation Measures, Monitoring & Evaluation Institutional Arrangements 6.1 Mitigation Measures Environmental monitoring of an activity must start with the construction phase and extend to the operation phase. Monitoring measures how an activity is performing in regards to the implementation of mitigation measures during construction and operation. Hence, site visits during activity execution and operation must be carried out to assess how environmental screening and mitigation measures are succeeding or have succeeded in minimizing impacts. Based on the results of the monitoring and evaluation of how well the activity has addressed environmental considerations, changes may be needed to improve the environmental performance of the activity. Environmental Monitoring must be the responsibility of the SPU/PCU including: • Compliance monitoring during construction • Monitoring of significant impacts during the operation of the subproject The safeguard and M&E officer of the SPU/PCU must conduct periodic monitoring by visiting the sites of the various activities at least twice a year. Monitoring indicators must be developed for both the construction and operation phases of the activities. Monitoring of construction activities ensure that mitigation measures of construction impacts are being implemented appropriately while the monitoring of operation activities is to ensure that no unforeseen negative impacts arise. The table( 9 ) below summarized the key institution responsible of monitoring of the environmental negative impacts 38 Table (9): Mitigation Measures and Responsibilities: Potential Major Mitigation measures Roles and Responsibilities Environmental and Social Impact Issues • Land or water Contractors should follow code of construction of water M& E with the support of degradation due to facilities Environmental specialist the construction, maintenance and Project coordination Unit rehabilitation of small scale Health Hygiene irrigation systems or the Awareness raising on environmental water sanitation Technical working group construction. (TWG) Training of Beneficiaries on Water Management • Water related Contractors diseases. Provision of livelihoods options Procurement Specialist • Potential Provision mosquito nets increased water Close Monitoring and follow up by Project Unit consumption due Traditional water terracing and embankments to brick-making process; also clay for the bricks is sourced from borrow pits by hand, in areas that were • often previously farmed. In the wet season, these pits may fill with stagnant water and contribute to environmental health problems such as malaria. • groundwater depletion and soil salinization. • The spread of Regular vaccination of poultry MOH, SMOF and SLDP diseases related to poultry breeding Development of simple waste management • Management of chicken manure Provision of barrels for waste and its contamination Designation of Waste areas by Localities potential for land, Usage of manure as source of fertilizers surface water and groundwater. • Management of large amounts of manure which could be polluting the environment. • Land clearing- Code of land preparation for contractors MOA, SMOF and SLDP vegetation loss restoration, • Noise, water re-vegetation and a forestation 39 pollution and solid Proper equipment with mufflers and insulators; waste disposal. Time management by keeping to daylight working hours • Changes in and respecting weekends / holidays; biodiversity Prohibition of idling machinery; erection of sound barriers • Soil and land Proper placing of workshops, generators ,plant or degradation machinery at sufficient distance from settlements or • Agro chemical sensitive receptors.. usage Awareness raising • Pest management Use of Natural manures • Groundwater Pesticides pollution Weeding • Micro climate Extension services changes • Fire management (bush fire) • Land degradation • Provision of possible additional services MOSA, HAC, SMOF, caused by • Training of community /traditional leaders on conflict Localities, TWG, and overharvesting of management SLDP seasonal fodder • Enforcement of laws and regulations and shrubs. • Allocation of destination areas by the locality for new • Might Create comers resource based • Development of Monitoring and follow up system by conflict Project Unit • May lead to soil • Training for beneficiaries • Procurement Specialist erosion, remove of • Use on intermediate technology • SLDP clay/fertile soil on • Use of plastic irrigation pipes • Ministry of Physical the surface planning • Community Leaders • Might create Installation of sedimentation basins, oil skimmers, • Procurement Specialist pollution Silt barriers, • SLDP Biological attenuation ponds such as engineered wetlands, • Ministry of Physical Evaporation ponds; planning Reuse and recycling as far as possible; Collection at • Community Leaders central points; transport to a licensed waste management facility, if not available then incineration or burial, where the impact on air, soil and water is proven to be acceptable by an appropriate assessment. 40 6. 2 Training and Capacity Building Awareness and training programs will be conducted at three levels as indicated in the table below. The nature of capacity building is sensitization and awareness programs rather than a formal training. A sample training requirements for various groups is included in table (10) Table (10): Training Requirements & PCU & Local NGOs / CBOs Stakeholders/ Government Government Contractors Authorities Approval Workers Local Staff Linkages between environmental and social management and A S A A sustainable livelihoods Local EA legislation and relevant environmental policies A S A A Potential localized impacts of activities and suitable mitigation A S A S measures Addressing and land acquisition and access to resources through A S A S resettlement planning and compensation Use of the Environmental Guidelines & WB Safeguards A A A A Methods of stakeholders involvement – PRA A S S A Cumulative impacts assessment A S A A Potential environmental and social activities A S A A Stakeholders lesson-learning and review A S - - Conflict Sensitive Planning S S S S Peace Conferences using Future Search Method S S S S Legend: T = Detailed training, S = Sensitization to the issues, A = Awareness-raising Source: Adapted from World Bank (2005), ESMF Toolkit, adapted 2011 6.3 Stakeholder consultations and Participation: The ESMF preparation included extensive stakeholder and participation consultations. Key project stakeholders were identified for consultations and these included Government Ministries, State Agencies/ Organizations’/ and Departments, Project offices, Non- governmental organization and local communities, both the affected and host communities to discuss the SLDP project and the key elements of the ESMF. 6.4 Public Consultations and Participation Public participation may be used to convey information about a proposed project’s activities, clear up misunderstandings, allow better understanding of relevant issues and how they may be resolved and tackle controversial issues while the project is still in its early phases. Components of effective participation include: • Identification of groups/individuals interested in or affected by the proposed road project; • Provision of accurate, understandable, pertinent and timely information; • Dialogue between those responsible for decisions and those affected by them; • Assimilation of public views with the decision; and, • Feedback about actions taken and how the public influenced the decision. Consultation with relevant stakeholders should be conducted throughout the project cycle but timed to coincide with significant planning and decision-making activities, i.e., before, during and after the EIA. Forms of consultation include: • Individual/personal interviews; • Community meetings; 41 • Advisory meetings; • Public hearings; • Information brochures/notices; and, • Press conferences and questionnaires. • Minutes of meetings conducted with the public should be recorded for submission as part of the EIA report. Various persons and institutions were consulted in the project area in the process of preparing this ESMF. In addition, tow public consultations and participation workshops were held in Khartoum and Kassala state which were attended by over 110 stakeholders including the relevant line ministries at state level, academia, practitioners, NGOs, CBOs and both the affected and host communities. In addition, fourteen meetings were held with displaced persons and vulnerable host communities’ in the project location using participatory approach the purpose of these consultations is to allow for the identification of the main issues and how the concerns of all parties should be taken into account and to assess the social and environmental impact of the project (Annex F). 42 Annex A:List of Environmental Legislation in Sudan Soil Conservation 1. Rural Water Development Corporation Act (1967) 2. Allotment of Lands for the Development of the Mechanized Farming Corporation Act 3. Parts of the National Parks, Sanctuaries and Reserves Regulation (1939), issued under the Preservation of Wild Animals Ordinance (1935) 4. Gezira Scheme (1960) 5. Mining and Quarries Act (1972) 6. Mining and Quarries Act (1973) 7. Mechanized Farming Corporation (Establishment) Regulations (1975) 8. Plant Disease Act (1913) 9. Agricultural Pest Control Act (1919) 10. Seeds Act (1990) Forest Conservation 1. Forests Act (1989) 2. Forests National Corporation Act (1932) 3. Central Forests Act (1932) - repealed but rules and regulations effective until repealed 4. Provisional Forests Acts (1932) - repealed but rules and regulations continue in effect until repealed Wildlife and Protected Areas 1. Wildlife Conservation and National Park Act (1987) 2. Wildlife Conservation Forests Act (1981) 3. Wildlife Protection Act (1936) 4. Hides and Animals Skins Act (1935) 5. Preservation of Wild Animals Act (1935) 6. Game Regulations (1935) 7. National Parks, Sanctuaries and Reserves Regulation (1939) 8. Arms Ammunition and Explosives Ordinance (1939) 9. Local Government Act Water Resources 1. Nile Water Pump Control Act (1939) 2. Irrigation and Flood Control Act (1990) 3. Environmental Health Act (1975), amended (1993) 4. Public Health Act (1935) 5. Rural Water Development Corporation Act (1966) 6. General Electricity and Water Corporation Act (1966) 7. Water Hyacinth Control Act (1960) 8. Fresh Water Fisheries Ordinance (1954) 9. River Transport Ordinance (1958) 10. Nile Pumps Control Ordinance (1939) 11. Nile Pumps Use Control (Tendencies) Regulations (1969) 12. Nile Pumps Control (Standby) Regulations (1953) 13. Nile Pumps Control (general) Regulations (1951) 14. Public Ferries Ordinance (1939) 15. Regulations of Inland Navigation Act (1980) Marine Resources and Coastal Zone Management 1. Maritime Act (1961) 2. Marine Fisheries Act (1973) 3. General Regulations and Control of Merchant Shipping Act (1971) 4. Harbours and Shipping Ordinance (1961) 5. Terrestrial Waters and Continental Shelf Act (1970) Animal Resources 1. Rabies Act (1974) 2. Animal Disease Free Zone Act (1973) 43 3. Diseases of Animals Act (1901) 4. Hides and Animal Skins Act (1954) 5. Animals Export and Import Act (1913) Hazardous Substances 1. Pesticides Act (1974) 2. Food Control Act (1973) 3. Pharmacy and Poisons Act (1913) 4. Narcotics Act 5. Industrial Safety Act (1978) 6. Sulphur Ordinance (1932) Energy and Mining 1. Mines and Quarries Act (1974) 2. Mining and Quarries Regulations (1973) 3. Investment Act (1989) 4. Petroleum Act (1931) Environmental Health (Including Pollution Control) 1. Environmental Health Act (1975) amended (1993) 2. Public Health Act (1975) 3. Locusts Destruction Act (1907) 4. Plant Diseases Act (1913) 5. Investment Act (1989) 6. Industrial Safety Act (1976) 7. Road Traffic Act (1983) 8. Quarantine Act (1974) 9. Industrial Waste Local Order (1971), Khartoum North Cultural Environment 1. Antiquities Ordinance (1952) 2. Organization of Higher Education Act (1990) 44 Annex B1: Good Practice Environmental Procedures Introduction The prevention of injury and/or illness to site personnel and the public, damage to the Works and to public and private property, protection of the environment, and compliance with applicable laws, shall be the primary objectives of the contractor. All work shall be carried out in a way as to minimize disturbance and avoid dangers to the public. Selected minimum requirements are outlined in these Good Practice Environmental Procedures with which contractors shall comply. Given that these Procedures cannot cover every eventuality, the contractor shall be expected to exercise good judgment in all such matters, even though not mentioned in these Procedures, and shall take all necessary measures to meet his responsibility with respect to environmental matters. The Contractor shall, throughout the execution and completion of the Works and remedying of any defects therein: • Have full regard for the safety of all persons on Site and keep the Site and the Works in an orderly state appropriate to the avoidance of danger to any person; • Know and understand all laws governing his activities along with any site requirements and work site hazards; • Take all necessary measures to protect his personnel, other persons, the general public and the environment; • Avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of carrying out the Works. Protection of the Environment The Contractor shall comply with all environmental requirements, rules and regulations under Sudanese laws, laid down by Sudanese Authorities or issued by the Employer or the Engineer. Specific attention should be paid to regulations for materials, including hazardous substances or wastes under his control. The Contractor shall not dump, release or otherwise discharge or dispose of any such dump without the authorization of the Engineer. When releases resulting from Contractor action occur, the Contractor shall take proper precautionary measures to counter any known environmental or health hazards associated with such releases. These would include remedial procedures such as spill control and containment and notification of the proper authorities. Air Pollution The Contractor shall take all necessary measures to limit pollution from dust and any windblown materials during the Works, including wetting down with water on a regular basis during construction. The Contractor shall ensure that all trucks leaving the Site are properly covered to prevent discharge of dust, rocks, sand, etc. Water Pollution The Contractor shall not dispose of waste solvents, petroleum products, toxic chemicals or solutions in the village drainage system or watercourse, and shall not dump or bury any garbage on the Site. He shall maintain the Site in a sanitary condition and shall remove from the Surface of the ground all rubbish, surplus spill, and litter which may have been left on site. All wastes shall be taken to an approved disposal facility regularly as specified by the locality. The Contractor shall dispose of all fluids and test pumping discharge in a manner that does not cause contamination or nuisance. He shall also be responsible to control all run- offs, erosion, etc. Where a temporary reduction in downstream flow or discoloration by suspended solids from excavations is, in the opinion of the Engineer, unavoidable, the Contractor shall make 45 alternative arrangements for supplying all effected users throughout the period of flow reduction or coloration. Solid Waste General Housekeeping: The Contractor shall maintain the Site and any ancillary areas used and occupied for performance of the Works in a clean, tidy and rubbish-free condition at all times. Upon completion of work, the Contractor shall clear away and remove from the Site all Contractors’ Equipment, surplus material, rubbish and temporary works of any kind, and leave the Site in a clean condition to the satisfaction of the Engineer. Rubbish Removal and Disposal: The Contractor shall comply with the local orders of the locality and requirements for the disposal of rubbish and waste. No waste shall be burnt on site unless approved by the Engineer. Noise Control The Contractor shall adopt the best practicable means of minimizing noise. All equipment shall be maintained in good mechanical order and fitted with the appropriate silencers, mufflers, or acoustic covers where applicable. Stationary noise sources shall be sited as far away as possible from noise-sensitive areas, and where necessary acoustic barriers shall be used to shield them. 46 Annex B2: Draft Environmental Contract Clauses Clause No. ___ Environmental Management, Safety and Security 1. Before the order to commence civil works, the contractor is required to implement the Environmental Management Plan (EMP) as specified in the Environmental Impact assessment (EIA) prepared for the particular road works. The plan shall spell out how the contractor should achieve environmental targets and objectives specified in the EMP and agreed upon by the Environmental Coordinator, Environmental Management Unit, and the Ministry of Environment and Physical Development. The plan shall include, to the extent practicable and reasonable, all steps to be taken by the Contractor to protect the environment in accordance with the provisions of the Environment Act, 2001 and Environmental Guidelines for Transport Projects, 2005. Where the EMP does not exist, the clauses obtained herein shall form the basis of a rehabilitation plan. 2. Notwithstanding the contractor’s obligation under the above clause, the Contractor shall implement all measures necessary to restore the sites to acceptable standards and abide by environmental performance indicators specified under the EMP to measure progress towards achieving objectives during execution or upon completion of civil works. These measures shall include, but not limited to the following: 3. (a) Minimize the effect of dust on the surrounding environment resulting from earth mixing sites, asphalt mixing sites, dispersing coal ashes, vibrating equipment, temporary access roads, etc to ensure safety, health and the protection of workers and communities living downward of dust producing activities. (b) Ensure that noise levels emanating from machinery, vehicles and noisy construction activities are kept at a minimum for the safety, health and protection of workers within the vicinity of high noise levels and communities near rock – blasting areas. (c) Ensure that existing water flow regimes in rivers, streams and other natural or irrigation channels is maintained and / or re – established where they are disrupted due to civil works being carried out. (d) Prevent bitumen, oils, lubricants and waste water used / produced during the execution of works from entering into rivers, streams, irrigation channels and other natural water bodies / reservoirs and also ensure that stagnant water in uncovered borrow pits is treated in the best way to avoid creating possible breeding grounds for mosquitoes. (e) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building of temporary construction camps and access roads on the bio – physical environment including protected areas and arable lands; local communities and their settlements. In as much as possible restore / rehabilitate all sites to acceptable standards. (f) Upon discovery of ancient heritage, relics or anything that might or believed to be of archaeological or historical importance during the execution of works, report such findings to the Department of Antiquities, in fulfillment of the Environment Act, 2001, and outline measures aimed at protecting such historical or archaeological resources. (g) Discourage construction workers from engaging in the exploitation of natural resources such as hunting, fishing, collection of forest products or any other activity that might have a negative impact on the social and economic welfare of the local communities. (h) Implement soil erosion control measures in order to avoid surface run off and prevent siltation, etc. (i) Ensure that garbage, sanitation and drinking water facilities are provided in construction workers camps. (j) Ensure in as much as possible that local materials are utilized to avoid importation of foreign material and long distance transportation. 47 (k) Ensure public safety and meet traffic safety requirements for the operation of work to avoid accidents. 3. The contractor shall indicate the period within which he / she shall maintain status on site after completion of civil works to ensure significant perturbations arising from such works have been taken into account. 4. The contractor shall adhere to the proposed activity implementation schedule and the monitoring plan / strategy to ensure effective feedback of monitoring information to both project management and the Environmental Specialist, so that impact management can be implemented properly and if necessary, adapt to changing and unforeseen conditions. 5. the Project Coordinator, the Environmental Specialist, in conjunction with the Ministry of Environment, Forestry and Physical Development, shall inspect significant sites where civil works have been carried out and proposed mitigation measures implemented and shall give certification regarding the adequacy or inadequacy of rehabilitation measures carried out in the bio – physical environment and compensation for socio – economic disruption resulting from implementation of civil works. 6. If the contractor fails to implement the approved EMP, the Project Coordinator and Environmental Specialist shall seek legal redress through the Ministry of Environment, Forestry and Physical Development and appropriate penalties shall be instituted in accordance with the provisions of the Environment Protection Act, 2001. SPECIFIC ENVIRONMENTAL ISSUES TO BE CONSIDERED Worksite / Camp Site Waste Management • All vessels (drums, containers, bags, etc) containing oil, fuel, surfacing material and other hazardous chemicals must be bonded in order to contain spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed off at designated disposal sites in line with the provisions of the Environment Act, 2001 and Locality orders. • All drainage and effluent from storage areas, workshops and camp sites shall be captured and treated before being discharged into the drainage system in line with the provisions of the Environment Act, 2001. • Used oil from maintenance shall be collected and disposed off appropriately at designated sites or be re – used or sold for re – use locally. • Entry of runoff to the site shall be restricted by construction diversion channels or holding structures such as banks, drains dams, etc to reduce the potential of soil erosion and water pollution. • Construction waste shall not be left in stockpiles along the road. Waste and other excess material shall be used for rehabilitating borrow areas and landscaping around the road. • If other spoil disposal sites are necessary, they shall be located in areas of low land use value and where they will not result in material being easily washed into drainage channels. Whenever possible, spoiled materials should be placed in low – lying areas and should be compacted and planted with species indigenous to the locality. Material Excavation • Contractors shall obtain the appropriate license / permits from relevant authorities to operate quarries or borrow areas. • The location of quarries and borrow areas shall be subject to approval by relevant authorities including traditional authorities if the land on which the quarry or borrow area falls is traditional land, Environmental Specialist. • Extraction sites shall not be located in the vicinity of settlement areas, cultural sites, wetlands or any other valued ecosystem component. 48 • Extraction sites shall not be located adjacent to stream channels wherever possible to avoid siltation of river channels. Where they are located near water sources, borrow pits and perimeter drains shall surround quarry sites. • Extraction sites shall not be located in forest reserves. However, where there are no other alternatives, permission shall be obtained from the Department of Forestry and an Environmental Impact Assessment shall be conducted. • Extraction sites shall not be located on high or steep ground or in areas of high scenic value. • Only sites that can easily be rehabilitated shall be chosen. Areas with minimal vegetation cover such as flat and bare ground or areas covered with grass only or covered with shrubs of height less than 1.5 m. • Extraction site boundaries shall clearly be demarcated and marked to minimize vegetation clearing. • Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall be done for not more than three months in advance of operation. • Extraction sites shall not be located in archaeological areas. Excavations in the vicinity of such areas shall proceed with great care and shall be done in the presence of staff from the Antiquities Department. • Stockpile areas shall be located in areas where trees can act as buffers to prevent dust pollution. Perimeter drains shall be built around stockpile areas. Sediment and other pollutant traps shall be located at drainage exist from workings. Rehabilitation and Soil Erosion Prevention • To the extent practicable, rehabilitate the site progressively so that the rate of rehabilitation is similar to the rate of construction. • Always remove and retain top soil for subsequent rehabilitation. Soils shall not be stripped when they are wet as this can lead to soil compaction and loss of structure. • Top soil shall not be stored in large heaps. Low mounds of no more than 1 – 2 m high are recommended. Re-vegetate the stockpile to protect the soil from erosion, discourage weeds and maintain an active population of beneficial soil microbes. Locate stockpiles where they will not be disrupted by future construction activities. To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired. Remove toxic materials and dispose them off in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute ground water and soil. Identify potentially toxic overburden and screen with suitable material to prevent mobilization of toxins. Ensure the reshaped land is formed so as to be inherently stable, adequately drained and suitable for the desired long - term land use and that would allow natural regeneration of vegetation. Minimize the long – term visual impacts by creating landforms, which are compatible with the adjacent landscape. Minimize erosion by wind and water both during and after the process of reinstatement. Compacted surfaces shall be deep ripped to relieve compaction unless subsurface conditions dictate otherwise. Re-vegetate the area with plant species that will control erosion, provide vegetative diversity, and that will through succession; contribute to a stable and compatible 49 ecosystem. The choice of plant species for rehabilitation shall be done in consultation with local research institutions, Forest Department and the local people, as they will be long – term beneficiaries. Water Resources Management • The contractor shall at all costs avoid conflicting with water demands for local communities. • Abstraction of water, both surface and underground, shall only be done with the consultation of the local community and after obtaining a permit from the relevant Water Authority. • Abstraction of water from wetlands shall be avoided. Where necessary, permits have to be obtained from relevant authorities. • Temporary damming of streams and rivers shall be done in such a way that disruption of water supplies to communities downstream is avoided and maintain the ecological balance of the river system. • No construction water containing spoils or site effluents, especially cement and oil, shall be allowed to flow into natural water drainage courses. • Wash water from washing out of equipment shall not be discharged into watercourses or road drains. • Site spoils and temporary stockpiles shall be located away from the drainage system and surface run off shall be directed away from stockpiles to prevent erosion. Traffic Management • Location of access roads / detours shall be done in consultation with the local community especially, where access road may traverse important ecosystem components. Access roads shall not traverse wetland areas. • Upon the completion of civil works, all access roads shall be ripped off and rehabilitated. • Access roads shall be sprinkled with water, at least five times a day in settled areas and three times in unsettled areas to suppress dust emissions. Blasting • Blasting activities shall not take place in the vicinity of settlement areas, cultural sites, or wetlands. • Blasting activities shall be done during working hours and local communities shall be consulted on the proposed blasting times. • Noise levels reaching the communities from blasting activities shall not exceed 90 decibels. Health and Safety • The contractor, in advance of the construction work, shall amount an awareness and hygiene campaign. Workers and local residents shall be sensitized on health risks particularly of AIDS. • Adequate road signs to warn pedestrians and motorists of construction activities, diversions, etc shall be provided at appropriate points. • Construction vehicles shall not exceed maximum speed limit of 40 km per hour. 50 Annex C1: Environnemental Check List The output from the screening process is often a document called an Initial Environmental Examination or Evaluation (IEE). The main conclusion will be a classification of the project according to its likely environmental sensitivity. This will determine whether an EIA is needed and if so to what detail. Will the project generate the following impacts Yes No 1 Loss of trees .2 Soil erosion/siltation in the area .3 Pollution to land 4 Dust emissions 5 Solid and liquid wastes 5 Spread of HIV/Aids and other diseases 6 potential for conflict between beneficiaries 7 pressure on land resources .8 Impact on flora and fauna 9 Long term depletion of water 10 Reduced flow of water 11 noise 12 Affected families who are likely to lose their house due to construction activity 13 Loss of soil fertility 14 Incidence of flooding 15 Loss of land 16 Loss of properties –houses, structures 17 Loss trees, fruit trees by households 18 Loss of crops by people 19 Loss of access to river/forests/grazing area 20 Impact cultural site, graveyard land 21 Conflict over use of local agricultural land 22 Conflict over use of local water resources 24 Loss communal facilities 25 Social integration (access to services) 26 Economic integration (inter-linkages in sources) 27 Loss of other livelihood system 28 Health hazards associated with irrigational system 29 The project located within or nearby environmentally sensitive areas 30 Head of families by gender 31 income generating opportunities 32 Create a risk of increased soil degradation or erosion Significant complain from land owners authorities and public 33 human exposure for health risks 34 Specific gender issues. 51 Annex C2: Environmental Data Sheet (EDS) for Proposed Program Geographical Location: Program Reference No.: Program Name: Activities included in the Program: Program Location: (besides geographic location, information about the key environmental characteristics of the area likely to be affected by the program, and proximity of any protected areas or sites or critical natural habitats) Environmental Issues: (identified or suspected in project) Justification/Rationale for Environmental Category: (presents reasons for environmental category selected) Proposed Assessment and Management Instruments: (to mitigate environmental issues described above) □ no EA or EMP required (Cat C) □ only simplified EMP required (Cat B1) □ ESIA and specific EMP required (Cat B2) Reporting Schedule: (Is there a separate environmental analysis? If yes, when is it due?) Anticipated appraisal date Date for first draft Current status Remarks: (gives status of any other environmental studies, lists local groups and local NGOs consulted.) 52 Annex C3: Environmental Appraisal Form Program Name: Ref. No: 1. Type of Sub-Projects included 2. Does the program require an environmental screening Yes No If No, go to Question 20 3 Was the environmental screening and EDS completed satisfactorily? Yes No 4 Has any clarification of the EDS been requested? Yes No 5 Has clarification been received? Yes No 6 Is an Environmental Assessment required for any of the sub-projects? Yes No If No, go to Question 7 If Yes, go to Question 9 7 Has the EDS information been verified during Field Appraisal? Yes No 8 Was the information found to be satisfactory? Yes No If No, give details: On the basis of environmental issues, is the proposed program and its sub-projects acceptable for funding under project? Signed and Stamped: Date 53 Annex D: Environmental Impact Assessment (EIA):General Content of an EA Report Executive It should contain a concise statement of the project objectives and a brief project description in Summary: addition to a description of key project findings and recommendations for environmental management. Policy, Legal, and Describe the pertinent regulations, permitting conditions and standards governing Administrative environmental quality, health and safety, protection of sensitive areas, land use control, etc. Framework: Tables should be used to list applicable standards and note which authorities are responsible for their application. Where there are no relevant local standards, suitable international norms may be used. Project Objectives This section should describe the need for the project in the context of the local and national and Description: situation and strategy. The effect on economic and social development goals of the locality, country and region should be described. If the project is an element of an overall development program in the area, then a description of the other program elements must be presented. A description of the relevant parts of the project should be provided using maps and including the following information: location; general layout; size; capacity; etc.; pre-construction activities; construction activities; operation and maintenance activities; and life span. Baseline Data This section should include descriptions of the area of influence or study area and the relevant physical, biological and socioeconomic conditions. This should include any topics falling under the safeguard polices of the World Bank. The data presented should be relevant to decision making regarding project location, design, operation, and mitigation measures for adverse impacts. The source, accuracy and reliability of the data should be clearly stated. Environmental A prediction of the changes in the environment resulting from project construction and Impacts & operation are to be considered, and an assessment of the effect on the surrounding physical, Mitigation biological, and social environment, should be presented. This should include positive as well Measures: as negative impacts. Mitigation measures should be identified as well as any negative impacts for which there are no mitigative measures. This section should also identify and estimate the extent and quality of available data, key data gaps, and uncertainties associated with predictions, and specific topics that do not require further attention. Analysis of This section should provide a brief description of possible alternatives to the project including Alternatives: the ‘no action’ alternative. These may include alternative location, site layout, technologies, design options, and management systems. The reasons why the various alternatives considered were rejected should be documented. Environmental This section should include details of the management initiatives to be implemented during Management both the construction and operational phase of the project. The EMP should have three Plan: main components: (i) Environmental mitigation plan: Recommend feasible and cost-effective measures to prevent or reduce significant negative impacts to acceptable levels. Estimate the impacts and costs of those measures, and of the institutional and training requirements to implement them. Consider compensation to affected parties for impacts which cannot be mitigated. Prepare a management plan including proposed work programs, budget estimates, schedules, staffing and training requirements, and other necessary support services to implement the mitigating measures. (ii) Institutional capacity and needs: Review the authority and capability of institutions and recommend steps to strengthen or expand them so that the management and monitoring plans in the environmental assessment can be implemented. The recommendations may extend to management procedures and training, staffing, operation and maintenance training, budgeting, and financial support. (iii) Monitoring Plan: Prepare a detailed plan to monitor the implementation of mitigating measures and the impacts of the project during construction and operation. 54 Annex E: Sample “Checklist” ESMP PROJECT, COUNTRY: CLIENT: Environmental Management Plan (EMP) Checklist for Civil Works General Guidelines for use of EMP checklist: For construction projects that have low and clearly defined environmental and social risks, such as the cleanup and demolition of the remains of the Marche Central, a streamlined approach is applied to mainstream the World Bank’s environmental safeguards requirements, as well as general good international practice into projects. The EMP checklist-type format covers typical key mitigation measures to civil works contracts with small, localized impacts or of a simple, low risk nature. This format provides the key elements of an Environmental Management Plan (EMP) to meet the minimum World Bank Environmental Assessment requirements for Category B projects under OP 4.01. The intention of this checklist is that it offers practical, concrete and implementable guidance to Contractors and supervising Engineers for simple civil works contracts. It should be completed during the final design phase and, either freestanding or in combination with any environmental documentation produced under national law (e.g. EIA reports), constitute an integral part of the bidding documents and eventually the works contracts. The checklist EMP has the following sections: Part A includes a descriptive part that characterizes the project, specifies institutional and regulatory aspects, describes technical project content, outlines any potential need for capacity building and briefly characterizes the public consultation process. This section should indicatively be up to two pages long. Attachments for additional information may be supplemented as needed. Part B includes a screening checklist of potential environmental and social impacts, where activities and potential environmental issues can be checked in a simple Yes/No format. If any given activity/issue is triggered by checking “yes”, a reference to the appropriate section in the table in the subsequent Part C can be followed, which contains clearly formulated environmental and social management and mitigation measures. Part C represents the environmental monitoring plan to follow up proper implementation of the measures triggered under Part B. It has the same format as required for MPs produced under standard safeguards requirements for Category B projects. Part D contains a simple monitoring plan to enable both the Contractor as well as authorities and the World Bank specialists to monitoring due implementation of environmental management and protection measures and detect deviations and shortcomings in a timely manner. Part B and C have been structured in a way to provide concrete and enforceable environmental and social measures, which are understandable to non specialists (such as Contractor’s site managers) and are easy to check and enforce. The EMP should be included in the BoQ (bill of quantities) and the implementation priced by the bidders. Part D has also been designed intentionally simple to enable monitoring of key parameters with simple means and non-specialist staff. 55 CONTENTS A) General Project and Site Information B) Safeguards Information C) Mitigation Measures D) Monitoring Plan 56 PART A: GENERAL PROJECT AND SITE INFORMATION INSTITUTIONAL & ADMINISTRATIVE Country Country Project title Project Name Scope of project and Very brief description (max 1 paragraph) activity Institutional WB Project Local Counterpart and/or Recipient arrangements (Project Team Management (Name and contacts) Leader) Implementation Safeguard Local Counterpart Local Contactor arrangements Supervision Supervision Inspectorate (Name and contacts) Supervision SITE DESCRIPTION Name of site Describe site location Attachement 1: Site Map [ ]Y [ ] N Who owns the land? Description of geographic, physical, biological, geological, hydrographic and socio-economic context Locations and distance for material sourcing, especially aggregates, water, stones? LEGISLATION Identify national & local legislation & permits that apply to project activity PUBLIC CONSULTATION Identify when / where the public consultation process took place INSTITUTIONAL CAPACITY BUILDING Will there be any [ ] N or [ ]Y if Yes, Attachment 2 includes the capacity building program capacity building? 57 PART B: SAFEGUARDS SCREENING AND TRIGGERS ENVIRONMENTAL /SOCIAL SCREENING FOR SAFEGUARDS TRIGGERS Activity/Issue Status Triggered Actions A. Roads rehabilitation [ ] Yes [ ] No If “Yes”, see Section A below B. New construction of small traffic infrastructure [ ] Yes [ ] No If “Yes”, see Section A below C. Impacts on surface drainage system [ ] Yes [ ] No If “Yes”, see Section B below Will the site activity D. Historic building(s) and districts [ ] Yes [ ] No If “Yes”, see Section C below include/involve any of the following?? E. Acquisition of land10 [ ] Yes [ ] No If “Yes”, see Section D below 11 F. Hazardous or toxic materials [ ] Yes [ ] No If “Yes”, see Section E below G. Impacts on forests and/or protected areas [ ] Yes [ ] No If “Yes”, see Section F below H. Risk of unexploded ordinance (UXO) [ ] Yes [ ] No If “Yes”, see Section G below I. Traffic and Pedestrian Safety [] Yes [ ] No If “Yes”, see Section H below 10Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchased/transferred and affects people who are living and/or squatters and/or operate a business (kiosks) on land that is being acquired. 11 Toxic / hazardous material includes but is not limited to asbestos, toxic paints, noxious solvents, removal of lead paint, etc. 58 PART C: MITIGATION MEASURES ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 0. General Conditions Notification and (a) The local construction and environment inspectorates and communities have been notified of upcoming activities Worker Safety (b) The public has been notified of the works through appropriate notification in the media and/or at publicly accessible sites (including the site of the works) (c) All legally required permits have been acquired for construction and/or rehabilitation (d) The Contractor formally agrees that all work will be carried out in a safe and disciplined manner designed to minimize impacts on neighboring residents and environment. (e) Workers’ PPE will comply with international good practice (always hardhats, as needed masks and safety glasses, harnesses and safety boots) (f) Appropriate signposting of the sites will inform workers of key rules and regulations to follow. A. General Air Quality (a) During excavation works dust control measures shall be employed, e.g. by spraying and moistening the ground Rehabilitation and /or (b) Demolition debris, excavated soil and aggregates kept in controlled area and sprayed with water mist to reduce dust Construction Activities (c) During pneumatic drilling or breaking of pavement and foundations dust shall be suppressed by ongoing water spraying and/or installing dust screen enclosures at site (d) The surrounding environment (side walks, roads) shall be kept free of soil and debris to minimize dust (e) There will be no open burning of construction / waste material at the site (f) All machinery will comply with Polish emission regulations, shall well maintained and serviced and there will be no excessive idling of construction vehicles at sites Noise (a) Construction noise will be limited to restricted times agreed to in the permit (b) During operations the engine covers of generators, air compressors and other powered mechanical equipment shall be closed, and equipment placed as far away from residential areas as possible Water Quality (a) The site will establish appropriate erosion and sediment control measures such as e.g. hay bales and / or silt fences to prevent sediment from moving off site and causing excessive turbidity in canalization and nearby streams and rivers Waste management (a) Waste collection and disposal pathways and sites will be identified for all major waste types expected from excavation, demolition and construction activities. (b) Mineral construction and demolition wastes will be separated from general refuse, organic, liquid and chemical wastes by on-site sorting and stored in appropriate containers. (c) Construction waste will be collected and disposed properly by licensed collectors (d) The records of waste disposal will be maintained as proof for proper management as designed. (e) Whenever feasible Contractor will reuse and recycle appropriate and viable materials (except when containing asbestos) B. Impacts on surface Water Quality (a) There will be no unregulated extraction of groundwater, nor uncontrolled discharge of process waters, cement slurries, or any other drainage system contaminated waters into the ground or adjacent streams or rivers; the Contractor will obtain all necessary licenses and permits for water extraction and regulated discharge into the public wastewater system. (b) There will be proper storm water drainage systems installed and care taken not to silt, pollute, block or otherwise negatively impact natural streams, rivers, ponds and lakes by construction activities (c) There will be procedures for prevention of and response to accidental spills of fuels, lubricants and other toxic or noxious substances (d) Construction vehicles / machinery washed only in designated areas where runoff not polluting surface water bodies 59 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST C. Historic building(s) Cultural Heritage (a) If construction works take place close to a designated historic structure, or are located in a designated historic district, notification shall be made and approvals/permits be obtained from local authorities and all construction activities planned and carried out in line with local and national legislation. (b) It shall be ensured that provisions are put in place so that artifacts or other possible “chance finds” encountered in excavation or construction are noted and registered, responsible officials contacted, and works activities delayed or modified to account for such finds. D. Acquisition of land Land Acquisition (c) If expropriation of land was not expected but is required, or if loss of access to income of legal or illegal users of land was Plan/Framework not expected but may occur, that the Bank’s Task Team Leader shall be immediately consulted. (d) The approved Land Acquisition Plan/Framework (if required by the project) will be implemented E. Toxic materials Asbestos management (a) If asbestos is located on the project site, it shall be marked clearly as hazardous material (b) When possible the asbestos will be appropriately contained and sealed to minimize exposure (c) The asbestos prior to removal (if removal is necessary) will be treated with a wetting agent to minimize asbestos dust (d) Asbestos will be handled and disposed by skilled & experienced professionals (e) If asbestos material is be stored temporarily, the wastes should be securely enclosed inside closed containments and marked appropriately. Security measures will be taken against unauthorized removal from the site. (f) The removed asbestos will not be reused Toxic / hazardous waste (a) Temporarily storage on site of all hazardous or toxic substances will be in safe containers labeled with details of management composition, properties and handling information (b) The containers of hazardous substances shall be placed in an leak-proof container to prevent spillage (c) The wastes shall be transported by specially licensed carriers and disposed in a licensed facility. (d) Paints with toxic ingredients or solvents or lead-based paints will not be used F. Affected forests, Ecosystem protection (a) All recognized natural habitats, wetlands and protected areas in the immediate vicinity of the activity will not be damaged or wetlands and/or protected exploited, all staff will be strictly prohibited from hunting, foraging, logging or other damaging activities. areas (b) A survey and an inventory shall be made of large trees in the vicinity of the construction activity, large trees shall be marked and cordoned off with fencing, their root system protected, and any damage to the trees avoided (c) Adjacent wetlands and streams shall be protected from construction site run-off with appropriate erosion and sediment control feature to include by not limited to hay bales and silt fences (d) There will be no unlicensed borrow pits, quarries or waste dumps in adjacent areas, especially not in protected areas. G. Risk of unexploded Hazard to human health and (a) Before start of any excavation works the Contractor will verify that the construction area has been checked and cleared ordinance (UXO) safety regarding UXO by the appropriate authorities H Traffic and pedestrian Direct or indirect hazards to (b) In compliance with national regulations the Contractor will insure that the construction site is properly secured and safety public traffic and construction related traffic regulated. This includes but is not limited to pedestrians by construction Signposting, warning signs, barriers and traffic diversions: site will be clearly visible and the public warned of all activities potential hazards Traffic management system and staff training, especially for site access and near-site heavy traffic. Provision of safe passages and crossings for pedestrians where construction traffic interferes. Adjustment of working hours to local traffic patterns, e.g. avoiding major transport activities during rush hours or times of livestock movement If required, active traffic management by trained and visible staff at the site for safe passage for the public Ensuring safe and continuous access to all adjacent office facilities, shops and residences during construction 60 PART D: MONITORING PLAN Phase What Where How When Why Cost Who (Is the (Is the (Is the (Define the (Is the (if not (Is parameter to parameter to parameter frequency / parameter included responsible be be to be or being in project for monitored?) monitored?) monitored?) continuous?) monitored?) budget) monitoring?) During activity site access at the site check if before safety of marginal, Contractor, preparation traffic design and launch of general within Engineer management project construction public, budget at the site planning availability foresee timely of waste diligent detection of disposal in site vicinity procedures waste facilities on site before start disposal marginal, of bottlenecks within hazardous Contractor’s visual / rehabilitation budget; waste store / analytical if works (prepare inventory building yard in doubt before public and special (asbestos) approval to workplace account visual / use materials health and for construction research in safety analyses material toxic at quality materials PMU?) control (e.g. databases paints / solvents) During activity dust on site and in visual daily avoidance marginal, Contractor, supervision generation immediate consultation of public within Engineer neighborhood, of locals daily nuisance budget noise close to emissions potential impacted residents visual, daily / analytical if continuous avoidance waste and at discharge suspicious of negative wastewater points or in count of impacts on types, storage waste ground/ quality and facilities transports daily / surface volumes off site, continuous waters check flow ensuring surface rates and proper drainage runoff waste soundness routes for management wastewater and disposal Annex F: Consultation meetings Project Related Issues, ESMF and RPF Consultation Meetings: During the period of 3 months (Jan-April 2014) ,the project has conducted extensive consultation process to assure that the project interventions are pro- community, conflict sensitive and will not create adverse environmental impacts and assure any possible minimum impact if any. The process conduct at two levels as below: 1. Federal Level Process: 5 meetings were conducted with environmental management related structures at the national level. The key structures are the Ministry of Environment and Physical Development MEPD and the Higher Council for Environment and Natural Resources HCENR. This is in addition to big national consultative workshop attended 38 participants from different line ministries and stakeholders including other key institutions at the national level include: Ministry of Tourism and Wildlife, Forests National Corporation of the Ministry of Agriculture and Forests, Natural Resources Administration of the Ministry of Agriculture and Forests, Desertification Control and Coordination Unit of the Ministry of Agriculture and Forests, the Ministry of Irrigation and Water Resources, National Population Council, HAC, Media, Environment Unit of the Ministry of Health, National Council for Strategic Planning. In these meeting the Environment strategy, land legislations and the issues related to compensation were discussed and reviewed. The guides for environmental impact assessment also was shared and reviewed, this in addition to the information and guide on land laws including modern and traditional Based on the above constructive discussion, the following are the key recommendations and way forward: • The government ensured its commitment in terms of counterpart fund. • Involve the media and other civil societies, Woman Union, CBOs, and network for development in the project. • Coordination with organizations working in the area to avoid overlapping • information sharing and dissemination mechanism • Institutionalization of training and cross fertilization of knowledge • documentation of the project success stories as well as lessons of failure • Organize state visits for government and CSOs related to the project as well as inter states exchange visits for the project staff State Level Consultation meetings January 30, 2014,One big consultation workshop was done at state level which were attended by 39n participants as per attached list from wide spectrum of project stakeholders in including government related line ministries such as Ministry of Finance, Ministry of Agriculture, Ministry of Physical Planning (State Water Corporation, Land and surveying departments), Ministry of livestock, Ministry of Social Affairs, Humanitarian Aid Commission, Judiciary. From CSOs including native administration, farmers Unions, Pastoralists Unions, Women and youth groups, Nomads network, Sudanese Environmental conservation society, SORD, UNDP, UNHCR, FAO, etc. These consultation process created very good discussion around the following issues: • Capacity Building training on Participatory planning • Initiation and support of livestock routes committees for management • -Support indigenous early warning system • Capacity building on conflict management and conflict sensitive planning • Support extension services and environmental awareness • Partnerships and coordination and building synergies is a key factor for peace building • Needs for vocational training skills to increase income and create jobs • Support increase of agricultural productivity and animal production • Assure Do-No-Harm approach • Empower women economically to play positive role in peace building • The land tenure issues need to be handled in participatory manner Base Line Survey: BL survey conducted for 30 communities, (IDPs), host communities and returnees) in the period of 22 January to February 2nd ,2014 under supervision of two WB consultants, and accordingly six communities were identified and agreed upon and supported by the Governor/Wali decree for official recognition. This is shows that the process of the community identification was owned by government and the communities. • The results of the study findings was shared and disseminated widely with concerned stakeholders • Capacity assessment study for government and other stakeholders took place on March, and accordingly results were shared widely with concerned bodies. • Internally displaced population, gender and livelihoods study is ongoing. • The project adopted DO-NO-Harm approach, by disseminating the results of base line survey in a big workshop attended by two Ministers, the discussion created by presentation of survey results indicated that the community is highly diversified, the discussion ended by inclusion of other two communities from New Halfa Locality to assure inclusiveness and no room for exclusion • Gender: The gender dimension has been addressed through the project cycle since the stage of planning, 50 % of SPU were females, 45% of the project beneficiaries will women as much vulnerable and disadvantages groups among both IDPs, returnees as well as the hosting communities Based on the consultation above, the following are key recommendations: • Establishment of Livelihood and food security forum • Technical capacity of Line ministries and institutional support • Formation of TWC and technical support • All the project activities based on applied research • Adoption of participatory approach as well as conflict sensitive planning • Arabic Translation of the project document and wider dissemination of the project objectives as well as intensive consultation process • ESMF will be conducted before implementation of activities • Building, alliances, network and partnerships with concerned development actors • Environmental awareness programme which capitalize on the lessons learned from other development actors • Provide agricultural inputs and extension services • Provision of micro grant and microfinance for the pastoralists and farmers • Training of unemployed youth and support them with stat up fund • Training of Women on Cheese industry, handicrafts, etc SLDP (TSI) Launch Workshop: Participants List No Name Institution 1 Ali Abu Fatima Karaar Local governance-Kassala Locality 2 Mohamed Osman Mohammed SLDP 3 HatimMerghani Ahmed German Agro Action (GAA) 4 Jamal Mohamed Elhasan DG- General Directorate ofPlanning-Ministry of Finance 5 Ahmed Jamal CTA-TSI JP-UNDP 6 Dr. MohyeldinEltohami SPDP 7 Mohamed ElnourBadawi Ministry of WelfareandSocial Affairs 8 Atta ElmanaanKaramallah Acting DG Ministry of Education 9 Mohamed MurtadaYosuf SPDP 10 Badreldin Osman Yahia SPDP 11 Mustafa mohamedElhasan Ali SORD Organization (NGO) 12 Salwaibrahim Mohamed Development Unit- Ministry of Finance 13 Mohamed Abdel Mahmoud UNDP 14 ElhusainElkhazinAbdallah SPDP /SLDP 15 Ali Mohamaden Mahmoud Coordinator - Kassala Grassroots Development of Network 16 ElKhair Mohamed Mohamed Ali Chair- National Youth Union 17 Mubarak Ibrahim Mohamed WES 18 Khalid Gaffar Ibrahim TVKassala 19 Murwaan Ibrahim TVKassala 20 Manahil Mohamed Saalih HAC 21 WegdanAbdelrahman FAO 22 BadriaElaminKharag General Woman Union- Kassala 23 Randa Omer Mohamed Osman UNHCR 24 AbdelrahmanSiber Kassala Radio 25 HaidarRooha Kassala Radio 26 Osman BanagaElshaik Strategic Planning -Kassala 27 Mohamed Musa Abdelrahman Local Governance -Kassala Locality 28 JadallahElradi Partners in Development Services (PDS- Consultancy Firm) 29 SaalihOraabi FAO 30 Dr. Elbagir Mohamed Nour Director- PlanningandDevelopment Unit 31 BadrElzaman Osman TVKassala and Kassala Radio 32 Anwar Mohamed Rahamtallah Ministry of Finance -Kassala 33 Mohamed Osman Musa Secretary General--Kassala State 34 Musa Mohamed Osheik DG- Ministry of Finance-Kassala 35 Jorge Gavida WB- Consultant 36 AbdelrahimFiraiji WB-TTL 37 Maria Ahmed Elagid Micro Finance Institution (MFI)-Kassala 38 Husain Haashim Mohamed HAC 39 Alaa Omer Elmubarak Strategic Planning -Kassala