UNITED REPUBLIC OF TANZANIA BOOST PRIMARY STUDENT LEARNING (P169380) ENVIRONMENT AND SOCIAL SYSTEMS ASSESSMENT (ESSA) Prepared by the World Bank June 30, 2021 Official Use List of Acronyms 3R Reading, Writing, Arithmetic BEST Basic Education Statistics in Tanzania BRNEd Big Results Now for Education CAS Country Assistance Strategy CIDA Canadian International Development Agency CRB Contractor Registration Board CSO Civil Society Organization DEO District Education Officer DPEO District Primary Education Officer DfID (UK) Department for International Development EIA Environmental Impact Assessment EIS Environmental Impact Statement EMA Environmental Management Act EMIS Education Management Information System EMP Environmental Management Plan EPforR Education Program for Results ESDP Education Sector Development Plan ESIA Environmental and Social Impact Assessment ESMF Environnemental and Social Management Framework ESMP Environnemental and Social Mitigation Plan ESSA Environmental and Social Management System Assessment EWURA Energy and Water Utilities Regulatory Authority FBEP Free Basic Education Policy GDP Gross Domestic Product GoT Government of Tanzania LGA Local Government Authority MLHHSD Ministry of Lands, Housing and Human Settlements Development MoEST Ministry of Education, Science and Technology NEMC National Environmental Management Council NEP National Environmental Policy NGO Non-Governmental Organization OHS Occupational Health and Safety OSHA Occupational Safety and Health Authority PAP Program Action Plan PAP Project Affected People PDO Program Development Objective PEDP Primary Education Development Program PforR Program for Results PO-RALG President’s Office – Regional Administration and Local Government RAS Regional Administrative Secretary Ag RAS Acting Regional Administrative Secretary REO Regional Education Officer SEDP Secondary Education Development Program SIDA Swedish International Development Cooperation Agency SIG School Incentive Grant 1 Official Use STEP Student Teacher Enrichment Program ToR Terms of Reference ULGA Urban Local Government Authorities ULGSP Urban Local Government Strengthening Program USAID United States Agency for International Development VMG Vulnerable and Marginalized Group 2 Official Use Table of Contents LIST OF ACRONYMS .............................................................................................................................1 TABLE OF CONTENTS ...........................................................................................................................3 EXECUTIVE SUMMARY.........................................................................................................................6 1.1 INTRODUCTION ................................................................................................................................... 9 1.2 PROGRAM DESCRIPTION..................................................................................................................... 14 1.3 PROGRAM IMPLEMENTATION ARRANGEMENTS ...................................................................................... 27 2 SECTION II: OBJECTIVE, SCOPE, AND METHODOLOGY FOR THE ENVIRONMENTAL AND SOCIAL SYSTEM ASSESSMENT ........................................................................................................................ 29 2.1 OBJECTIVES AND SCOPE OF THE ESSA .................................................................................................. 29 2.2 METHODOLOGY OF THE ESSA ............................................................................................................. 30 3 SECTION III: NATIONAL ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS RELEVANT TO THE EDUCATION SECTOR ................................................................................................................... 35 3.1 NATIONAL ENVIRONMENTAL AND SOCIAL MANAGEMENT LEGAL FRAMEWORK.................................................. 35 3.1.1 Environmental Management....................................................................................................... 35 3.1.2 Social Risks Management ............................................................................................................ 40 3.2 TECHNICAL GUIDELINES, NATIONAL PLANS/PROGRAMS AND TOOLS INVOLVING ENVIRONMENTAL AND SOCIAL MANAGEMENT ............................................................................................................................................. 42 3.3 INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL RISKS MANAGEMENT ...................................... 46 4 SECTION IV: POTENTIAL ENVIRONMENTAL AND SOCIAL EFFECTS OF THE PROGRAM .................... 51 4.1 INTRODUCTION ................................................................................................................................. 51 4.2 SCOPE OF PROJECTS UNDER THE PROGRAM ........................................................................................... 51 4.3 ENVIRONMENT AND SOCIAL RISK RATING .............................................................................................. 51 4.4 POTENTIAL ENVIRONMENTAL RISKS AND IMPACTS OF THE PROGRAM ........................................................ 52 4.4.1 Main Risks and Impacts ........................................................................................................ 52 4.4.2 Environment Risks Management Measures ......................................................................... 53 4.5 POTENTIAL SOCIAL BENEFITS AND RISKS OF THE PROGRAM ...................................................................... 53 4.5.1 Main Social Risks and Impacts .............................................................................................. 53 4.5.2 Social Risk Management Measures ...................................................................................... 55 4.6 COVID-19 RISKS AND IMPACTS .......................................................................................................... 56 4.6.1 COVID-19 Risk Management Measures................................................................................ 56 4.7 EXCLUSION CRITERIA.......................................................................................................................... 57 4.8 GRIEVANCE REDRESS MECHANISMS ..................................................................................................... 58 5 CHAPTER FIVE: INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL SYSTEMS IN TANZANIA ......................................................................................................................................... 65 5.1 INSTITUTIONAL RESPONSIBILITIES FOR ENVIRONMENTAL SYSTEMS .............................................................. 65 5.1.1 The Vice Presidents Office (VPO) .......................................................................................... 65 5.1.2 Division of Environment DoE ................................................................................................ 65 5.1.3 National Environmental Management Council (NEMC) ....................................................... 65 5.1.4 National Environmental Advisory Committee (NEAC) .......................................................... 66 5.2 CROSS-SECTORAL ADVISORY COMMITTEE.............................................................................................. 66 3 Official Use 5.2.1 Sector Ministries ................................................................................................................... 66 5.2.2 Regional Secretariats ............................................................................................................ 66 5.2.3 Local Government (Council-level) Environmental Management Committees...................... 66 5.2.4 Ward, Mtaa (Sub-Ward) and Village Environmental Committees ....................................... 66 5.3 RESPONSIBILITIES DURING REGISTRATION AND SCREENING ....................................................................... 68 5.4 SUMMARY: OVERALL PROJECT COMPLIANCE AND REPORTING .................................................................. 68 5.5 INSTITUTIONAL ARRANGEMENT FOR SOCIAL SYSTEMS IN TANZANIA ........................................................... 71 5.5.1 President’s Office Regional Administration and Local Government (PO-RALG) ................... 71 5.5.2 Ministry of Health, Community Development, Gender, Elderly and Children (MoHCDGEC) 71 5.5.3 Tanzania Commission for AIDS (TACAIDS) ............................................................................ 71 6 SECTION VI: PROGRAM INSTITUTIONAL CAPACITY AND PERFORMANCE ASSESSMENT IN MANAGING ENVIRONMENTAL AND SOCIAL RISKS .............................................................................. 72 6.1 NATIONAL ENVIRONMENT MANAGEMENT COUNCIL (NEMC) .................................................................. 72 6.1.1 Policy and Legislative Framework Support ........................................................................... 72 6.1.2 Organization and Program Structure ................................................................................... 73 6.1.3 Human Resources ................................................................................................................. 74 6.1.4 Budget Resources/Financial Capacity ................................................................................... 74 6.1.5 Capacity Building Recommendations ................................................................................... 74 6.2 OCCUPATIONAL SAFETY AND HEALTH AUTHORITY (OSHA) ...................................................................... 75 6.2.1 Policy and Legislative Framework Support ........................................................................... 75 6.2.2 Institutional Capacity and Resources.................................................................................... 75 6.2.3 Capacity Building Recommendations ................................................................................... 75 6.3 LOCAL GOVERNMENT AUTHORITIES (LGAS) .......................................................................................... 75 6.3.1 Organization and Program Structure on Environmental Management ............................... 75 6.3.2 LGAs Institutional Capacity ................................................................................................... 76 6.3.3 LGAs Budget Resources/Financial Capacity .......................................................................... 77 6.3.4 Environmental Capacity and Performance Assessment ....................................................... 77 6.3.5 Social Capacity and Assessment ........................................................................................... 78 6.4 IMPLEMENTING AGENCY – MOEST ...................................................................................................... 80 6.4.1 MoEST institutional capacity and staffing ............................................................................ 80 6.4.2 Budget Resources/Financial Capacity ................................................................................... 80 6.4.3 Environment and Social Capacity and Performance Assessment ......................................... 81 7 SECTION SEVEN: ASSESSMENT OF PROGRAM SYSTEM WITH PROGRAM FOR RESULTS FINANCING CORE PRINCIPLES ............................................................................................................ 82 8 SECTION EIGHT: INPUTS TO THE PROGRAM ACTION AND IMPLEMENTATION PLANS .................... 93 8.1 KEY FINDINGS ON THE ENVIRONMENTAL AND SOCIAL SYSTEMS ASSESSMENT .............................................. 93 8.2 PROGRAM ACTION PLAN SUMMARY .................................................................................................... 94 8.2.1 Strengthening of the Environmental and Social Management System ................................ 95 8.2.2 Strengthening of implementation and monitoring of the environmental and social management system ............................................................................................................................ 95 8.2.3 Strengthening of environmental and social management capacities .................................. 96 8.2.4 COVID-19 Pandemic Management ....................................................................................... 96 9 SECTION NINE: STAKEHOLDER CONSULTATIONS ....................................................................... 101 9.1 STAKEHOLDERS CONSULTED .............................................................................................................. 101 9.2 ISSUES, CONCERNS AND COMMENTS RAISED BY STAKEHOLDERS ............................................................... 101 4 Official Use 9.3 POSITIVE ENVISAGED ENVIRONMENTAL AND SOCIAL IMPACTS ................................................................. 103 9.4 MAIN CONCERNS RAISED BY STAKEHOLDERS GROUPS ............................................................................ 105 ANNEX I: LIST OF STAKEHOLDERS CONSULTED................................................................................. 108 ANNEX II: TECHNICAL REPORTS AND GOVERNMENT SOURCES .......................................................... 110 5 Official Use EXECUTIVE SUMMARY The BOOST program adopts a holistic, evidence-based approach to improving learning outcomes and introduces innovative interventions to respond to critical challenges. Among the innovations, BOOST will: (i) leverage digital technology to improve teaching and learning, especially by enhancing CPD, as well as strengthening the e-learning management system; (ii) focus on providing a safe learning environment for girls and boys which fosters positive discipline, gender-sensitive pedagogy and teaching and learning materials, and engages the community and school administration in ensuring the physical and mental well- being of children are protected, including through adequate and effective grievance redress mechanisms; and (iii) incentivize and empower LGAs for better service delivery and focus on results at the decentralized levels through the LGA level DLIs. The proposed design for BOOST also builds on evidence from a recent meso-study1 on the most effective education interventions for girls’ learning outcomes as well as the best practices from the 2018 WDR on Learning to Realize Education’s Promise. The objectives of the Environmental and Social Systems Assessment (ESSA) was to review the capacity of existing Tanzania government (national and District) systems to plan and implement effective measures for environmental and social risks and impact management for the BOOST program, including determining if any measures would be required to strengthen them. This included assessing the environmental and social systems in place, the human resources, the competencies, the gaps /weaknesses, extent, and nature of necessary improvements that would form the basis for a program action plan. Stakeholder consultations were also held in the backdrop of the COVID 19 risk. These were mostly done virtually, with four FGDs conducted, two in two districts and two at national level for IPs and PWDs. The ESSA concludes that the policy and administrative context and the social and environmental systems in place in Tanzania are consistent with the six core principles of the World Bank’s policy on Program -for- Results Financing to effectively manage Program risks and promote sustainable development. Environmental and Social risks envisaged. • The national government has well developed and robust legislation, regulations, and systems to manage environmental, health, and safety risks. The national EIA system has well-defined guidelines covering project registration and screening, EIA process (scoping, alternative analysis, impact assessment, mitigation measures, management plan and consultation), monitoring and auditing, and decommissioning. • There are weakness in supervision/monitoring and enforcement at both the national and regional levels which will be strengthened through PAP to address the potential environmental challenges that might be encountered during the implementation of the BOOST. However, there is no equivalent legislation or systems to manage distinctly social risks in the country. Tanzania does not have a well-developed, coordinated and defined Social Risk Management System that has been identified as a gap. • Experiences of the EPforR financed by the World Bank as PforRs on program-specific systems to support their program operations in the management of environmental and social impacts and 1 Evans and Yuan, 2019, What We Learn about Girls’ Education from Interventions that Don’t Focus on Girls 6 Official Use SEQUIP IPF using ESF present an opportunity to build on the existing program-specific environmental and social systems and adopt good lessons learned in the PAP. • The Program's implementing unit at the MoEST and PO-RALG have Environment and Social specialists with experience in PfoR. The implementing teams at the national and LGAs specified in the PAP will need to be strengthened to reinforce the management of potential environmental and social risks along with a framework for monitoring. • The capacity (human and financial resources) within the regions and supporting institutions (NEMC, National Construction Council, Occupational Health and Safety Agency (OSHA), etc.) responsible for managing environmental, health, and safety risks need strengthening and training. • Officers at the regional levels such as Community Development, Labour and Gender Officers do not have a coordinated attention to social risks. The program will develop an Environmental and Social Risk Management Procedures incorporated in the POM and various manual that will outline this involvement to ensure social risks for the program are managed well. • At present, there is currently no specific legislation or policy in place in Tanzania related to under- served communities. Limited resources are dedicated to ensuring that marginalized communities who lack political representation and economic power can participate effectively or access social and economic benefits from the projects carried out by the National government. • There is weak annual environment and social performance verification audit procedures for minimum conditions related to environmental and social safeguards under the EPforR. • Based on the scope and scale of sub-projects to be financed under the program, environmental and social impacts are expected to be moderate to substantial due to the magnitude of the program, with the most adverse impacts being anticipated during the construction phase and being site-specific and temporary while other social impacts are expected to occur even after construction. • Because of the significant geographic dispersion of the participating schools, different scales of proposed investments, the potential cumulative environmental and social impacts associated with many sub-projects in the Program, and the capacity of the PMO and other institutions to manage environmental and social risks the ESSA has determined that the overall risk of the program is rated as Substantial. • The nature of the proposed activities in BOOST does not suggest that specific marginalized communities/indigenous peoples could be harmed by the Program. However, the exclusion of the these groups is harmful therefore the design of the Program aims to foster the protection and integration of marginalized communities/indigenous peoples into the Program design, including consultation during project selection and monitoring, development of the appropriate social accountability systems, and effective Grievance Redress Mechanisms. • COVID 19 related impacts: Due to the fact that projects involving construction/civil works frequently involve sometimes a large work force, together with suppliers and supporting 7 Official Use functions and services. The work force may comprise workers from national, regional, and local labor markets. They may need to live in on-site accommodation, lodge within communities close to work sites or return to their homes after work therefore a protocol for COVID 19 and other communicable diseases will be adopted. • Grievance Redress Mechanisms is in place and will be strengthened to ensure that stakeholders have an effective platform to seek redress or resolve any dispute that may arise during implementation of the Program sub-projects Recommendations for action Plan • Strengthening of the Environmental and Social Management System • Strengthening of implementation and monitoring of the environmental and social management system • Strengthening of environmental and social management capacities • Adherence to directives and regulations for COVID-19 Pandemic Management • Strengthening of inclusive eduction to ensure that vulnerable communities/ groups have equitable access to education 8 Official Use SECTION I: INTRODUCTION AND PROJECT DESCRIPTION 1.1 Introduction 1. Tanzania is a geographically large, culturally diverse, and well-endowed lower middle-income country (LMIC). Out of 54 African countries, Tanzania is the fifth largest in terms of population, ninth largest in terms of the size of economy, and thirteenth largest in terms of geographical area. Solid income growth over two decades has led the country to reach LMIC status in July 2020. The graduation from low-income status reflects sustained macroeconomic and political stability as well as the country’s rich natural resources endowment and strategic geographic position. Macroeconomic stability has been crucial to Tanzania’s growth; inflation rates have been low – below five percent since 2018 – and sustainable fiscal and current-account deficits have been financed by a combination of domestic and external sources. Over the past two decades, investment has been a key driver of economic growth. The rise in overall investment translated into a sustained accumulation of capital stock and has consistently accounted for roughly two-thirds of real GDP growth. 2. COVID-19 has negatively impacted Tanzania’s macroeconomic performance – decelerating GDP growth in 2020 – although Tanzania is one of the few economies in the region that avoided recession.2 The global economic slowdown adversely affected Tanzania’s export- oriented industries, especially tourism and traditional exports, and has caused a drop in foreign investment. The exception is gold mining which has benefitted from rising prices since the onset of the pandemic. Although the government did not impose a lockdown, the pandemic initially spurred precautionary behaviors that slowed down domestic economic activity. Tanzania’s vulnerability to the global pandemic remains high. Tanzania has had two surges of COVID 19 . (March-June 2020 and December 2020 -September 2021) with 26,115 cases and 725 deaths reported so far3. The Government of Tanzania (GoT) implemented critical measures aimed at containing the spread of COVID-19 and encouraged people to avoid unnecessary movements, practice preventive behaviors including hand washing, use of masks and social distancing, besides operationalizing several public and private hospitals to provide services for people infected with COVID-19. In February 2021, the COVID-19 response strategy was revised in line with global standards and epidemiological trends, with emphasis on encouraging people to practice preventive behaviors, continued education of the population, rolling out COVID-19 immunization to protect lives especially targeting high risk and adult populations in partnership with development partners, and reporting COVID-19 data in line with International Health Regulations. COVID-19 vaccination is gradually picking up with over 0.8 million people vaccinated as of October 11, 2021 and COVID- 19 cases have seen a downward trend as is being observed across the East African region. 3. The poverty rate in Tanzania has been declining gradually. The national poverty headcount has improved to 28.2 percent in 2012 from 34.4 percent of population in 2007, and further to 26.4 2 World Bank, Tanzania Economic Update (TEU) 16th Edition, 2021: https://www.worldbank.org/en/country/tanzania/publication/tanzania-economic-update-teu 3 COVID-19 Situation Report No. 5, United Republic of Tanzania, October 2021. 9 Official Use percent in 20184. However, the number of poor people has increased due to population growth. Despite Tanzania’s impressive GDP growth between 2012 and 2018, poverty reduction slowed, and growth has become less inclusive. Inequality has also risen during this period. The international poverty headcount (US$1.90/day in 2011 purchasing power parity) remained high and unchanged during this period at 49 percent. As a lower middle-income country, Tanzania requires sustained, steady growth while offering a more inclusive set of economic opportunities to improve living standards for all Tanzanians. National aspirations laid out in the Tanzania Development Vision (TDV) 2025 are to transition to a middle-income country with a high level of human capital development, characterized by improvements in the quality of livelihood of the people. Tanzania has made improvements in life expectancy, infant mortality, primary and secondary school enrollment rates, gender equality, and access to health, electricity, water, and sanitation. However, there is still a large agenda ahead to sustaining growth over the medium term, improving the inclusiveness of growth to reduce poverty, and strengthening upward economic mobility and economic security for the population. 4. Tanzania’s aspirations could be hampered by its relatively low level of human capital and education. Tanzania Human Capital Index (HCI), a composite of education enrollment, harmonized learning scores, health, and nutrition, is 0.39, indicating that a child born today in Tanzania can expect to reach 39 percent of his or her full potential at age 18. The Tanzania HCI is estimated to be at the same level as Malawi and Burundi, slightly lower than the SSA average, and lower than Kenya 0.57 and the global average of 0.60. While 35 percent of Tanzania’s households headed by a person without primary education were poor, only 6 percent of households headed by persons having completed at least lower secondary education are poor. Girls’ access to quality education is associated with substantially higher earnings in adulthood and many other socio-economic benefits. Achieving the goals of the TDV 2025 will require a more ambitious human capital development strategy (Tanzania Economic Update 2021). Boosting education foundation at early years, especially for girls and vulnerable children, is critical to accelerating shared economic growth and reducing poverty. 5. Tanzania has made significant progress in expanding access to basic education and reducing gender disparity in primary education over the ESDP 2016/17-2020/21 period. Primary enrollment increased by more than 2.5 million since 2013. Tanzania mainland now has 14.4 million students enrolled in basic education, out of which about 12.3 million students are in pre-primary and primary classes. In 2020, the gross enrollment in one-year pre-primary and seven-year primary education reached 76.2 percent and 107.4 percent respectively, and the net enrolment at primary level increased to 95.7 percent in 2020 from 85.8 percent in 2016 ((Annual Education Sector Performance Report (AESPR), 2020). The Fee-free Basic Education Policy (FBEP) has helped alleviate gender disparity and improve student transition from primary to lower secondary education. Girls have a slightly higher primary gross enrollment ratio (GER) than boys though the 4 Ministry of Finance and Planning - Poverty Eradication Division (MoFP- PED) [Tanzania Mainland], National Bureau of Statistics (NBS) and the World Bank. 2020 Tanzania Mainland Household Budget Survey 2017/18. Final Report Dodoma, Tanzania MoFP- PED, NBS and Washington DC USA, and WB (page 102). https://www.nbs.go.tz/index.php/en/census-surveys/poverty-indicators- statistics/household-budget-survey-hbs/653-household-budget-survey-2017-18-tanzania-mainland-final-report 10 Official Use gap is closing. Transition from primary to lower secondary improved significantly to 78 percent from 67 percent in 2016,with girls (76.7 percent) slightly lagging that of boys (78.2 percent). 6. Learning outcomes have improved moderately as measured by national examinations as well as Early Grade Reading Assessment (EGRA) and Early Grade Math Assessment (EGMA). About 92 percent of Standard 4 students passed the National Standard 4 Examination, and 83 percent passed the Primary School Leaving Examination in 2020. With support from Education Program for Results (EPforR), Tanzania participated in the EGRA and EGMA administered to rising Standard 3 students in 2014, 2016, and 2018. In 2020, the Government adapted the EGRA and EGMA instruments and carried out its own 3R (reading, writing, and arithmetic) assessment. The series of learning assessment show a trend of moderate increase in reading fluency to an average of 26.18 Correct Words Per Minute (CWPM). Nevertheless, only 5.2 percent of students can be considered proficient readers (defined as able to read 50 CWPM). In numeracy, learning outcomes have been stagnant since 2014 with only about 10 percent of Standard 2 and 3 students considered approaching or at benchmark level. 7. Tanzania’s overall level of education however is not at par with its stage of development or its TDV vision to become an industrialized nation by 2025. The Education Sector Analyses (ESA) 2021 point out key binding constraints in the basic education sector including inequitable access to early learning and primary education for rural and vulnerable groups, poor school learning environment exacerbated by declining financing and increasing school population, shortage of teachers and low teacher competencies, misalignment of curriculum and assessment, and overall inefficiency in the coordination and governance of education5. These challenges are further illustrated below in comparison with global education trends when relevant. 8. Universalizing preprimary education remains a daunting task. Tanzania education policy promises public provision of one-year preprimary education. The Government’s third National Five-Year Plan stipulates an ambitious target of 100 percent GER and 80 percent Net Enrollment Ratio (NER) coverage of early learning by 2025. Yet access to preprimary remains low with almost half of the population aged five years still excluded from pre-primary education opportunities. By 2020, NER was estimated at 34.8 percent, and gross enrolment was about 76 percent and on a declining trend for the last five years. The limited access is not equal across geography – with GER ranging from 123 percent to 37 percent. The quality of early childhood education is low as manifested in the following indicators: (1) the low pupil performance in EGRA and EGMA which indicate low learner readiness for primary education; (2) pupils can stay in preprimary up to 8-years-old and in primary up to 18 year old which further reflects low readiness for school; (3) pupil to pre-primary stream teacher ratio is high (79:1); and (4) it is estimated that 54 percent of the 8,800 pre-primary teachers in public schools are volunteer teachers which undermines the drive to universalize one-year of pre-primary education. 9. Continued effort is needed to ensure children complete primary education and transition successfully to lower secondary education as promised by the country’s Fee-free Basic Education 5 Controller Auditor General (CAG) Report on the Education Sector 2021; Haki Elimu Review of Education; Education Sector Analysis (ESA) 2021; World Bank Education Governance Report 2021. 11 Official Use Policy. The primary retention/survival rate peaked in 2018 with more than 88 percent of students surviving to the last primary grade, Standard VII. However, the rate has since declined. According to the Annual Education Sector Performance Report (AESPR), about one quarter of students were not able to reach Standard VII or dropped out without opting for the Primary School Leaving Examination (PSLE) in 2020. Children of rural, poor, marginalized, and vulnerable groups, and special needs tend to have lower retention rates. The ESA 2021 show that more than 40 percent of the rural, poor, and handicapped children do not reach the end of primary cycle compared to only 5 percent for the urban and rich; only 2 out of 10 from rural and poor access secondary education compared to 7 out of 10 for the urban and rich. Although there is some gender disparity, it is not as pronounced as regional and poverty related disparity. In 2019/20, approximately 167,834 students dropped out of primary school (government and non-government inclusive). From the students who dropped out 42 percent were girls and 58 percent boys. Most students dropped out due to truancy (97.5 percent), and 0.7 percent (1,135) of girls dropped out due to pregnancy. Both demand and supply side factors are at play and form serious barriers to schooling that especially effect the rural poor, marginalized and vulnerable communities. 10. Gender equality and girls’ empowerment require vigilant attention. Ensuring equality in education outcomes for boys and girls, not just in terms of access but also in terms of learning outcomes as well as post-primary opportunities for girls, requires close attention. There is a need for gender-sensitive pedagogy, and gender-sensitive teaching and learning materials which encourage female participation and voice, especially in mathematics and science. The 2017 EGRA/EGMA report indicates that although girls outperform boys in reading, they are behind in mathematics. Only 2 percent of girls have reached the benchmark for math proficiency and 52 percent are non- performers (compared to 46 percent for boys). Overall, about 77.1 percent of girls pass the Primary School Leaving Examination (PSLE) which is below the average pass rate of 78.4 percent for boys. The performance gap between boys and girls is more pronounced in specific regions. For example, in Kigoma, the boys’ pass rate is 76.3 percent compared to 59.7 percent for girls, or in Rukwa where boys’ pass rate is 79 percent against 67.9 percent for girls. Evidence suggests this could be driven by the teachers’ skills and capacity for adaptive teaching. A recent teacher needs assessment conducted by the government identified the need for continuous professional development (CPD) for teaching at the right level, managing large classes, recognizing numbers, and introducing algebra for different grades in primary. A recent FCDO-implemented programme (EQUIP-T) showed that with regular inset training Kiswahili and math scores improved for girls in Std. 3, although the math scores increased at a slower pace. Such shows the importance of regular teacher CPD in improving girls learning. Further, an analysis conducted by the World Bank identifies that persisting lower learning outcomes for girls in Std 4 could be due to lack of school readiness (Asim et al, 2019). The gender gap in learning outcomes has persisted over time, even though the overall learning outcome has improved. This suggests that factors outside of school, such as reduced household investments in girls, have an impact on the readiness of girls to learn. Finally, gender stereotypes persist and manifest also in the lack of female role models. While almost half of the primary teaching force is female, only 20 percent of the primary headteachers was female in 2019. COVID-19 could disproportionately impact on girls and females as they tend to shoulder more household chores. 11. School safety cannot be taken for granted and gender-based violence (GBV) continues to occur in schools and at homes. Although most of the children felt safe at school, the prevalence of various types of violence in school setting remains significant. A recent report from Haki Elimu (2020) showed 12 Official Use that almost every one of the sampled 1,824 primary and secondary school students had experienced violence in the last six months. Among the 919 primary students included in the study, 35 percent had experienced psychological violence (36.5 percent for girls). Around 82.8 percent of the psychological violence reported by girls occurred at school (79.7 percent for boys). Further, an average of 87.7 percent of students had experienced physical violence (92 percent for girls), and the school remained the predominant setting that physical violence was experienced by girls (82 percent of girls reported experiencing physical violence at school). Finally, although fewer children experience sexual violence (below 10 percent) the prevalence continues to be higher for girls, especially girls in government schools. However, unlike physical and psychological violence, the main setting for sexual violence was at home. These findings highlight the need to continue making schools safe for all children by strengthening the sexual and reproductive health education; training of teachers; provision of guidance and counseling; grievance redress mechanisms (GRM); and close monitoring of children who are at risk. It is also important to strengthen the communication and coordination between schools and parents so that everyone is on the same page and students are safe in school and at home. A recent World Bank (WB) gender and GBV assessment for Tanzania identifies the importance of working with adolescent girls, and specifically ensuring safe school environments, to break social norms and enable girls’ empowerment, and gender equality (2021, forthcoming) 12. the proposed Boost Primary Student Learning (BOOST) will support the Government of Tanzania’s Education Sector Development Plan (ESDP) 2021/22-2026/27,6 expected later this year with focus on the preprimary and primary subsector of Education Sector Development Plan (ESDP). To continue the tradition of harmonized Program for Results (PforR) approach, the GoT with support from development partners (DPs) (WB, SIDA, UK Foreign Commonwealth and Development Office (FCDO), Korea International Cooperation Agency (Koica)) has already developed a new generation Education Program for Results II (EPforR II) for the next five years to scale up successful initiatives and introduce new system reforms towards equitable access to quality learning for all. Responding to the challenges and opportunities outlined above, and to continue improving learning outcomes and student retention especially in rural and poor areas, the EPforR II design pivots towards investing in early years, strengthening teaching profession and teacher competencies through continuous professional development, empowering LGA for service delivery and contextualized solutions, leveraging education technology, and targeting through a needs-based approach. 13. BOOST supports the World Bank Tanzania Group’s Country Partnership Framework (CPF) 2018– 2022 (Report No. 121790-TZ) in the following three specific pillars: (1) enhance productivity and accelerate equitable and sustainable growth; (2) boost human capital and social inclusion; and (3) modernize and improve the efficiency of government institutions. BOOST is aligned with IDA19 priorities including a strong focus on human capital and infrastructure that directly benefits the poorest. BOOST aligns with the World Bank’s global initiatives to improve human capital and reducing learning poverty, contributing to improving equitable access to quality learning in preprimary and primary education in mainland Tanzania to lay strong foundations for Tanzania to accumulate human capital and labor productivity in the long term. 6 The ESDP is expected to be updated by the end of 2021. The Government completed the Education Sector Analysis (ESA) in October 2021 and is now updating the ESDP based on the ESA findings and stakeholder consultations. 13 Official Use 14. BOOST adopts the PforR instrument with complementary Investment Project Financing (IPF) for technical assistance and capacity building. The Ministry of Education Science and Technology in mainland Tanzania has seven years of experience using results-based financing and a harmonized approach working with the main DPs in education. This has strengthened the country’s education as well as fiduciary and safeguards systems, boosted government ownership of the program, sharpened focus on results, and reduced the transaction costs for the Government and the participating DPs. The PforR instrument is considered an appropriate lending instrument to enhance the impact of the WB‘s financial and technical support and increase the overall results orientation of the government’s program. To strengthen capacity for the Government to implement a results- based operation, mitigate safeguards and fiduciary risks, and to build technical capacity in core education agencies and LGAs, an IPF component is included in BOOST to provide program management, technical assistance and capacity building, monitoring and evaluation, and verification. Specifically, the IPF component will support (1) program management, technical assistance (TA) to help achieve DLRs, policy studies in emerging areas, monitoring, evaluation; and verification of results; (2) capacity building in core education areas of curriculum, assessment, and teacher management, and (3) strengthening decentralized service delivery capacity of LGAs and schools. The IPF instrument will allow the government to access technical support in critical areas, organize capacity-building workshops, and undertake study visits that might not otherwise be possible using existing country systems. It will also provide flexible and just-in-time technical assistance and allow MoEST, PO-RALG, and its technical agencies to respond more swiftly to rapidly evolving situation such as in the case of COVID-1 1.2 Program Description BOOST PforR Program Boundary 15. The Government of Tanzania (GoT) has put forward a new generation results-based program, under the forthcoming ESDP, which is the EPforR II for preprimary and primary subsectors of education. The EPforR II aligns with the preprimary and primary education programs and targets already contained in the ESDP 2016/17-2021/22 in three areas pertinent to the subsectors (i) Access and equity; (ii) Quality of Education; and (iii) System Structure, Governance and Management. The EPforR II priorities and its DLI framework were strengthened by the findings from the evaluation of EPforR (2016-2020), ESA 2021, as well as the 2021 Education Governance Study financed by the Bank. The government considers the new EPforR II to be the main vehicle of support for preprimary and primary education. The government further confirmed that all new initiatives including preprimary education, teacher continuous professional development, ICT for education, and strengthening decentralized capacity are being incorporated into the next five-year Education Sector Development Plan 2022-2026 expected later this year. 16. The EPforR II program has three substantive results and interventions areas: (i) Improving Public School Learning Environment; (ii) Improving Teacher Competencies and Classroom Teaching; and (iii) Strengthening Education Financing and Decentralized Capacity for Service Delivery. A fourth result area was added to sharpen the focus on high level education outcomes in access, equity, and quality. This program seeks to achieve a better balance between addressing existing gaps on the access side, especially in underserved communities, and shifting the focus to improve quality of education service delivery and learning outcomes. The EPforR II program will continue to improve the coordination of activities in the primary education sub-sector, by adopting a harmonized approach, a common program governance structure, and a common Project Operational Manual 14 Official Use (POM) by all participating partners. Engagement with CSOs will be maintained and strengthened through the existing education sector dialogue structure. Qualified CSOs will be eligible to bid for consultancies and TAs under the IPF component through a competitive process. Program Development Objectives 16 The Program Development Objective (PDO) is to improve equitable access to quality learning in preprimary and primary education in mainland Tanzania. The PDO-level indicators are: • Preprimary gross enrollment rate in the bottom quartile LGAs (DLI) (disaggregated by gender)7 • Primary survival rate in the bottom quartile LGAs (disaggregated by gender) • Number of Preprimary classes implementing developmentally appropriate teaching and learning package (DLI) • Early grade literacy and numeracy learning outcomes as measured in 3R (disaggregated by gender) The intermediate results indicators are: • Needs-based school infrastructure plan executed (DLI) • Number of primary schools implementing the Primary Safe School Program (DLI) • Students benefiting from direct interventions (pre-primary and primary students, and female students) • LGAs implementing cluster and school-based teacher continuous professional development programs (DLI) • Percentage of hub-school teachers trained through the CPD • Percentage of teachers meeting minimum performance levels as measured by the School Quality Assurance tool • Number of primary hub schools and teacher resource centers that have rolled out ICT packages, enabled with learning management systems (DLI) • Percentage of schools receiving a school visit at least once a year by School Quality Assurance • Budget allocation in support of key program activities is maintained or increased (DLI) • Number of LGAs in compliance with good education governance criteria that include ensuring schools adopt enhanced school-based management (DLI) • Primary per student expenditure The Program Components: The BOOST Program has three results areas (RAs) and one accompanying IPF component. 17. Result Area 1 (RA1) Improving Public School Learning Environment promotes increased access to safe, clean, learning conducive, and environmentally friendly school environments for pre-primary 7 Bottom quartile LGAs for PDO 1 and 2 are defined based on the bottom 46 LGAs recording the lowest pre-primary GER or survival rate. The Baseline is recorded from 2020 and 2021 and every year the average rates will be recorded for the bottom 46 LGAs. 15 Official Use and primary pupils. RA1 adopts a holistic approach to improving school environment that is beyond construction but also enforces adherence to enhanced quality standards and creating a safe, clean, and conducive learning school environment. RA 1 includes an innovative Primary Safe School Program (PSSP) that builds on existing government and DP-supported programs including the SEQUIP with focus on making schools safe and inclusive for all children. RA1 further emphasizes expanding access to the foundation year of preprimary education for children who are 5 and 6 years of age. Thus, while RA1 mainly supports increasing access and equity, it also contributes to quality of education. RA1 is structured around the following three sub-areas corresponding to three DLIs which are national in focus, however implementation will be phased based on agreed criteria and targeting against needs: 18. 1.1 Develop and execute a need-based Infrastructure Development Plan (IDP), to help more schools meet infrastructure needs, using enhanced construction standards, and community-based school construction approach. The Program will upgrade the school construction standards so that a minimum of two preprimary classrooms are included for every primary school following the model preprimary class design adopted in the GPE program and the Water Supply, Sanitation, and Hygiene (WASH) facilities are updated and in line with the health standards established for COVID-19. The designs will pay particular attention to issues of inclusivity including responsiveness to gender and disability (see Box 1). In addition, the designs will reflect principles of environmental and social sustainability, as well as mitigating climate change. Adoption of energy efficient architectural elements, installation of smart energy appliances, renewal energy sources, rainwater harvesting, and building techniques will be promoted to the extent possible. The ‘updated’ minimum package is described in Box 1. Approximately 11,971 schools need to improve their infrastructure to meet the updated minimum package. The largest infrastructure gap is classrooms. Approximately 68.8 percent of these schools do not have enough classrooms, 70.5 percent do not have enough latrines for boys, and 72.9 percent do not have enough latrines for girls. Achieving this objective will entail construction of (1) new classrooms, schools and (2) construction of adequate WASH facilities, as per requirements defined in Box 1. Meeting WASH requirements is of great importance considering the continued response to COVID-19 safety, but also for ensuring girls retention and regular attendance in school. Through BOOST the government will adopt a needs-based IDP that will guide construction over the following years, aiming to construct at least 12,000 classrooms (and associated facilities) over the Program duration. 19. Citizen engagement is a key component of the school construction, due to the use of community- based construction and force account.8 The GoT has established reasonable technical, financial management, procurement, and monitoring systems to use force accounts to allow communities to construct their own schools in a relatively low cost but sustainable manner. Evidence shows that community-based construction increases the sense of community ownership toward the school and is more cost-effective (World Bank, 2018). The process of community-based construction using force 8 Force Account is defined in Principle 167(1) of the GoT Law of the Procurement Act (2013) as: “a construction by the procuring entity itself or use of public or semi-public agencies or department concerned, where procurement entity or the public or semi-public agency uses its own personnel and equipment or hired labor.� Community Participation in procurement is defined in Principle 168 as follows: “where it is desirable to : call for the participation of local communities or farmers’ groups, increase the utilization of local know -how and locally manufactured products, employ labor-intensive methods and other appropriate technologies, the procurement procedures, specifications and contract packaging shall be adopted to reflect such interest of objectives�. 16 Official Use account requires the school first, to establish a school construction committee; second, engage local builders to apply for the tender and review the Bill of Quantity (BOQ), following which a contract is put in place; third, the community is consulted and engaged throughout the process, able to donate manpower, monetary or non-monetary voluntary contributions. Finally, the quality is maintained throughout by regular monitoring visits from the district engineer, to ensure drawings, standards and the BOQ is followed. Although the community cannot change the designs or guidelines, they will select representatives to be in the school construction committee, receive feedback on progress, be involved in decision making via the school committee meetings, and be engaged to contribute to the process to ensure a sense of ownership. The government has been using this approach as part of the ESDP I, and the value-for-money has been documented by World Bank (2018) and independent audits (2021). Under BOOST, the community construction and force account will be further strengthened with enhanced technical capacity at LGA level, standardized procurement templates to ensure fairness and transparency, adherence to safeguards, and continuous training of the headteachers and school committees, via an updated school construction manual as part of the overall Infrastructure Development Plan. Box 1: Infrastructure Development Plan with Updated Minimum Standards and School Construction Manual Prior to construction the government will conduct a needs-assessment across LGAs, and the findings will inform the development of a needs-based infrastructure development plan (IDP) (foundational disbursement linked result (DLR)). In constructing classrooms and associated facilities, the government will focus on areas of highest need and therefore ensure more schools meet the updated minimum standards that includes: • Two classrooms for pre-primary and seven classrooms for primary (one per grade). Classrooms will be fully furnished. The design of the classrooms will include a block with two classrooms and a teacher office in the middle. One of rooms will be used as a reading room and another for storage. Furthermore, at least one of the pre-primary classrooms will adhere to the approved GPE ‘model classroom’ guide. • Access to clean and safe water and electricity utility. • WASH requirements: (1) at least four pit latrines for girls and four separate pit latrines for boys (these pit latrines will need to be inclusive for students with special needs); (2) separate latrine blocks for girls, boys, and teachers; and in alignment with Sustainable Rural Water Supply and Sanitation Program (SRWPSSP) (P163732) (3) a designated and active menstrual counselor (female teacher or non-teaching staff); (4) at least one handwashing facility for every 100 pupils; (5) incinerator; and (5) special room for girls for menstrual hygiene. • Sustainable construction options, such as use of rain-water harvesting, will also be used when available. • Functionality and maintenance plan for classrooms, reading room, and latrines. Latrines will be kept clean and in good condition, and the task of maintenance will be shared equally among girls and boys. • Natural fence to show the school grounds and ensure students are safe. The chapters and requirements of the IDP are described in more detail in the DLI verification protocol in Annex 2 of the PAD and will include i) site selection based on needs, ii) number and types of facilities to build under the PforR, iii) updated technical guidelines and designs (based on the principles of inclusivity), and iv) principles of community based and force account mechanism which will be elaborated in an accompanying School Construction Manual. The designs will ensure ramps are well designed for children with disabilities. Menstrual hygiene special rooms and incinerators are available for girls. The approved designs and guidelines will be included in an updated School Construction Manual. The School Construction Manual will also provide detailed and updated guidelines on the process of citizen engagement and consultation, fiduciary and safeguard requirements (including personal 17 Official Use protective equipment (PPE) and contracting), the extended minimum package, and monitoring and evaluation (M&E). 20. 1.2 Make schools safer through Primary Safe School Program (PSSP): This component will support the development and implementation of a Primary Safe School Program, aimed at addressing violence and discrimination against children to ensure a safe and inclusive school learning environment for boys and girls. Several safe school schemes are currently being piloted in various geographical areas with support from partners. The government intends to harmonize these schemes to create one single government Primary Safe school Program (PSSP) aligned with the National Inclusive Education Strategy 2021/22-2025/26. The program will, among other things, focus on seven core aspects (see Error! Not a valid bookmark self-reference.). The PSSP will build on similar initiatives supported by SEQUIP and other partners including UNICEF, FCDO, and NGOs and will be implemented by the Commissioner’s Office as part of the National Inclusive Education Strategy. The PSSP will be rolled out in at least 6,000 targeted schools over the course of BOOST. Education indicators, such as drop-out, violence, low enrollment, survival, and transition, will be used to select the 6,000 schools for the PSSP (see Error! Not a valid bookmark self-reference.). The PSSP aims to reduce or abolish all forms violence at the school level, while recognizing the greater prevalence of violence against girls. It will strengthen coordination with communities and parents to prevent violence at home and community at large. Box 2: Primary Safe School Program The Primary Safe School Program (PSSP) will include the following: a) Train, adequately equip and empower teachers and headteachers on the teachers’ code of conduct and to use effective gender-responsive pedagogy as well as enforce positive discipline in the classroom. This aims to create a learner-centered, positive, and safe classroom environment to allow pupils to learn and be accountable without fear of physical disciplinary actions such as caning which is still a common practice. Additionally, it will close the gender gap in pass rates for certain subjects. improving girls’ performance in math. Modules being developed by Tanzania Institute of Education will be made available via their Learning Management System. b) Strengthen school-based guidance and counselling services, including supporting the operationalization of school-based guidance and counselling teachers who provide adequate support to pupils in cases of psychological, physical, or sexual violence. The counsellor will improve their planning and reporting and ensure the inclusion GBV actions in the Whole School Development Plan (WSDP) to provide adequate support, response, and access to referral services related to sexual and reproductive health. c) Foster regular communication between the school administration/teachers and parents/guardians as well as the community to advocate against all drivers of violence against children, provide practical advice on how best to support children at home, and encourage proactive measures for pupils at risk of dropping out. d) Incentivize safe passage initiatives to and from school, especially in areas where this is a barr ier to girls’ attending school. This will be part of the school committee decision-making based on the risks and needs they identify. e) Develop or strengthen life skills clubs for girls and boys to develop leadership and conflict resolution skills, empower girls and provide valuable life skills. f) Strengthen grievance redress mechanisms (GRMs) at the school level, to ensure any grievances raised are appropriately recorded, processed, and responded to. Improve students’ comfort in using the GRMs. g) Improve classroom monitoring for early identification of, and intervention for, girls and boys at risk of dropping out. 18 Official Use The 6,000 schools will be selected based on two criteria at the school and LGA level: i) being in a LGA with a high drop-out rate, and ii) the ranked order of a composite indicator representing school safety and attendance (including schools with high drop-out, low attendance, and a high number of grievances being recorded). Furthermore, in the LGAs selected the Government will be encouraged to work with data (reports) from the Child Protection committee in the local area to identify communities there is a high number of cases of violence. Schools with the highest prevalence of violence and drop-out and in the lowest access LGAs will be selected to receive PSSP. The selection of schools and detailed guide on the program will be elaborated in a PSSP program document as a foundation DLR to be achieved in Year 1 of the Program. 21. 1.3 Improve access to preprimary education. BOOST will support a series of policies and interventions to improve access to preprimary education. These include construction of two preprimary classrooms per school as explained in RA1, but also the establishment of one-model pre- primary school per region, as well as guidance and quality assurance needed to expand affordable high-quality community or non-state sector (including civil society) provision of pre-primary education to make it more accessible for children in underserved regions to attend preprimary school. The interventions will be buttressed with improvement in quality, coordination, data collection and monitoring of pre-primary education service delivery. Special attention will also be placed on early identification and support towards young boys and girls with disabilities. Box 3: Pre-primary access The interventions with potential to improve pre-primary enrolment in underserved areas include, but are not limited to, the following: • Update the minimum infrastructure package for primary schools to add two classrooms of pre-primary with age-appropriate furniture and other internal fittings, with classrooms following the model design. • Public-private partnerships to implement preprimary education including designing a community awareness raising and mobilization campaign in support of preprimary education. • Establish one model preprimary school in each of the 26 regions of Tanzania. • Facilitate the design and delivery of extra-curricular ECE-focused childcare services (including play-based activities for identifying children’s talents). • Special interventions to recruit and accommodate children with disabilities • Improve coordination with the Ministry of Social Welfare and the Ministry of Health • Integrate the data collection for all forms of early childhood education 22. Result Area 2 (RA2): improving teacher competencies and quality of classroom teaching. RA2 focuses on improving teacher competencies and classroom teaching that are critical for improving student learning outcomes. This RA will promote three results: (1) availability of developmentally appropriate preprimary teaching learning package and pedagogy; (2) a sustainable LGA-led cluster-based and school-based teacher CPD; and (3) using digital tools for continuous and quality CPD and classroom teaching. The pre-primary and CPD learning packages will integrate emerging gender, environmental and climate change issues, while materials with updated 19 Official Use content on climate change and other topical issues will be provided to the TRCs and selected hub schools. This RA will allow for more regular CPD for teachers on a range of modules, from teaching at the right level to engaging all students and adopting gender-sensitive pedagogy to address low performance of girls in math subjects. Teachers will be able to use the LMS, school- and cluster-CPD to be informed about the importance of inclusive pedagogy and developmentally appropriate teaching to ensure supportive teaching practices. 23. 2.1 Preprimary classes implementing developmentally appropriate teaching learning packages. While the broader EPforR II will support the provision of adequate teaching and learning materials in grades 1-7 of primary education, BOOST will complement it by incentivizing the system to develop, adopt and equip teachers of pre-primary classes with knowledge and skills, as well as resource the preprimary classrooms with age-specific teaching-learning materials for quality instruction. Special focus will be put on child-centered, play-based, and gender sensitive pedagogy and materials (that is gender-sensitive and inclusive) to support the development of socio-emotional and cognitive skills necessary for the child to be fully prepared to engage in the teaching-learning processes at Grade 1 (Standard 1). The materials package will include teacher guides, activity guides, and different age-appropriate items that facilitate child development and social interaction including manipulatives, story books in Swahili, numeracy, and science materials to help teachers create an environment conducive to learning (e.g., posters to create “talking walls� and support to use local materials). Effective implementation and measurement will necessitate strengthening of the quality assurance system at the system and service delivery levels, the establishment of a feedback loop into the preservice training programs for preprimary tutors and teachers, ongoing support and CPD for preprimary teachers, and the development of an assessment framework for teachers of preprimary. Instructive audio instruction (IAI) can be a useful tool to scaffold high quality classroom sessions and to serve as a teacher training mechanism on-the-job. This activity will remain national in scope however the implementation of 3-5 years will used as a phased and targeted approach to ensure results are achieved and the quality of pre-primary teaching and learning enhanced. Box 4: Preprimary classes with trained teacher implementing competency-based teaching learning packages The interventions package may include but not limited to the following: a) Review of the preprimary learning framework to ensure responsiveness to age-specific learning needs of preprimary children aged 3-6. b) Development of age-specific teaching- learning materials responsive to the preprimary learning framework including teacher guides and activity guides. c) Development and endorsement of a preprimary teachers training program (for all teachers irrespective of qualification and prior training) embracing effective, innovative and gender-sensitive teaching-learning practices to deliver the updated age-responsive curriculum framework. d) Supply of teaching and learning materials, resources, and equipment for supporting schools to be resource- rich environments for early childhood education. e) Integrating the elements of the age-appropriate learning package into MoEST’s Quality Assurance system at the system and regional levels including requisite capacity development. f) Monitoring delivery of preprimary education using a Quality Assurance Framework Protocol. g) Building the capacity of tutors on modern techniques and interactive methodologies in the preparation of pre-primary schoolteachers including an assessment mechanism for teachers to support development of their competencies in pre-primary instruction. h) Creation and rollout of an IAI program that can be delivered via schools or within communities to facility high quality classroom (or community-based) sessions and provide teacher training (will require program development, purchase of radios and airtime, if needed). i) Develop and implement a framework for coordination, monitoring and evaluation of pre-primary education including capacity development programs at the system and sub-national levels. j) Establishment of reading corners for preprimary learners. 20 Official Use 24. 2.2 Carrying out sustainable teacher CPD plans at the cluster and school levels . This DLI will incentivize the implementation of CPD at cluster and school levels, led by LGAs. The government approved a National Teacher CPD Framework in 2020 and is now developing a national CPD implementation plan as well as practical guidelines for LGAs to operationalize its ambitious and comprehensive approach to teacher CPD. The key shift of the approach is that LGAs will be responsible for planning and implementing the CPD based on its needs, with guidance from the MoEST. This DLI will incentivize LGAs to conduct their own needs assessment, develop and implement LGA-wide CPD via (1) cluster-based training sessions among communities of learning (CoL) at the lowest administration unit - ward level organized around TRCs and hub schools; and (2) regular weekly school-based teacher support through CoL at school level that has dedicated time in the school calendar and semi-structured work program. The cluster approach could be facilitated by trainers from teacher training colleges and TIE and consultants whenever appropriate to cover cross- cutting topics or topics that represent common challenges such as gender sensitive pedagogy (a key strategy to empower girls and improve girls learning outcomes), climate change and digital competencies. The school based CPD on the other hand, is one of the main innovations, providing teachers with targeted resources and a forum to discuss challenges, have opportunities to share, practice, learn from one another, and improve. The first year of the BOOST program will pilot school based CPD in one LGA in each of the 26 regions. Lessons learnt from the pilot will be used to scale up the intervention in the remaining LGAs. Teacher’s participation in CPD will be linked with their progression in the career ladder. Box 5: School-based Teacher Continuous Professional Development At the school level, school-based teacher continuous professional development (CPD) is a CoL that comprised of teachers of similar subjects. In small schools however, teachers of all subjects can form one community of learning. In larger schools, the groups can be further divided by grade. Each group has a CPD facilitator who is responsible for organizing the activities and introducing novice teachers to the active learning community. The TCPD facilitator is also held accountable for the overall teacher development of the group. The groups normally meet for two to three hours every week. The teacher CPD facilitators will participate in the cluster level CPD facilitator session once a month. In every school level CoL, the major activities include: • Lesson preparation, demonstration, class observation, discussion, and reflection • Coaching and mentoring by senior teachers for junior teachers • Induction of new teachers • Action research on new subject content and pedagogical practices • Teacher performance evaluation by teachers within the same group, based on the frequency, intensity, and achievements in the group activities. 25. 2.3 Leveraging ICT to support teachers and classroom teaching. The DLI will incentivize the use of ICT for CPD and for classroom teaching. The government is updating its ICT strategy for the basic education sector with support from the SEQUIP project. BOOST will complement this effort by supporting the development of a digital competency framework for primary teachers and students, which will guide the development of a preliminary ICT package that can be used both for CPD and for classroom teaching and learning. Due to the high cost of such provision and the fact that only select primary schools have access to electricity and connectivity, the rollout of this package will initially target government-designated TRCs as well as hub schools that will serve as cluster schools. The ICT package will be developed in consultation with the Ministry of 21 Official Use Works, Transport and Communications (MoWTC) and will align with the government ICT Strategy in Education to be approved by the end of 2021. The package will provide an ICT lab for each TRC and hub schools that is powered by Virtual Desktop Infrastructure (VDI) computer with 40-50 additional terminals and complemented by a smartboard where conditions allow, but the final configuration will be verified through a series of rapid field-testing exercises to determine what is most appropriate for the intended educational purpose and context of implementation. It may also be refined during Program implementation as lessons are learned about what works most successfully. It may include solar powered equipment to be provided to TRCs and hub schools in areas not yet connected to the main power grid. Training will be provided on how to integrate elements of equipment operation and maintenance for effective use. In addition, disposal of depreciated technological hardware modalities will be stressed right from the beginning to ensure safe management of the facilities and equipment right from installation. Manuals and guidelines will be added to ensure that support staff capacity development and skills updating is continuous. • In addition, the national Learning Management System (LMS) hosted by the Tanzania Institute of Education will be strengthened to integrate with the existing e-library to host curriculum-aligned teaching learning resources that will include digitized textbooks, micro teaching videos, formative assessment item banks, supplemental reading materials, and access links to other resources such as the Global Digital Library. TIE capacity for curriculum and materials development in Swahili and local languages will be strengthened. A learning dashboard will be established to maximize teacher to teacher, teacher to student, and teacher to coach interactions. The options of cloud based and mobile accessible LMS will be considered. The ICT and LMS package will allow for offline and online capabilities. The government will require technical assistance (TA) to support this intervention as well as build capacity within MoEST, PO- RALG, TIE and National Examination Council of Tanzania (NECTA). 25. Result Area 3 (RA3): Strengthening education financing and decentralized service delivery capacity. RA3 focuses on safeguarding education financing and strengthening governance and management efficiency. The RA will be achieved through incentivizing the following two results: (1) release of funds to priority preprimary and primary budget lines; (2) strengthening decentralized capacity for service delivery at LGA and school level by incentivizing LGA and schools to adopt a set of minimum good governance and school-based management practices, in planning, supervision, community engagement, financial management transparency, and use of school information system. • 3.1 Ensure release of funds to priority preprimary and primary budget lines per expenditure framework. According to the recent Controller Auditor General (CAG) report, although funds flow to the respective ministries are often too late in the year to be used by the beneficiaries. Further, there has been a reduction in the effective per student expenditure in primary education. This DLI will incentivize the timely fund flow to the various agencies and levels of government to ensure priority activities for improvement of quality of education are executed as planned based on the Program Expenditure Framework. Priority budget lines, selected from the overall expenditure framework for heightened annual monitoring and incentivizing, include but not limited to capitation grant, school maintenance, school quality assurance, CPD, and provision of teaching learning materials. Priority budget lines will be discussed and agreed on an annual basis. • 3.2 Strengthening of LGA education governance and school-based management: This DLI will incentivize the 184 LGAs to fulfill minimum good governance criteria necessary to improve education services delivery. As the responsibilities for education service delivery continues to be decentralized, including responsibility for planning, and implementing LGA-based CPD activities, safe school, LGAs will 22 Official Use have to ensure adequate system and capacity for planning, budgeting, school supervision, with transparency of information. The minimum good governance criteria will be developed in the first year and expected to capture five dimensions of performance at LGA level: (1) education sector planning based on school development plans, (2) regular and effective school supervision, (3) internal audit (4) construction management; and (5)citizen engagement. The five LGA performance criteria interlink and reflect school-based management practices. LGAs are responsible to ensure that schools adhere to updated school-based management manuals that cover fundamental areas of planning, data use, and community engagement in the receipt and uses of capitation grant, as well as basic insights on gender, educational technology, climate change mitigation and adaptation principles that deserve attention of school managers for quality service delivery. Schools will be supported to enhance community engagement by fully operationalizing the school management committees. Strengthening school-level governance through school committees will significantly enforce accountability and transparency at school level, and boost community ownership in ensuring sustainable improvement in education services delivery. • The criteria for LGA education good governance and improved school-based management are summarized in Box 6 below. Throughout the EPforR II, LGAs will be assessed annually and when deemed fulfilling minimum performance assessment will receive DLI funds which can be used to augment its operational budget for the subsequent year. The measurement criteria for LGA good governance in education will be developed in LGA Education Good Governance Manual during the first year, in consideration with Local Government Finance Act, Public Finance Act, Internal Audit Guidelines, LGA Institutional Risk Management Framework and other regulations applicable in the United Republic of Tanzania. • The School Management Manual will build on the Headteacher Guidelines developed by EQUIP-T project to update the main elements of school management and clarify the roles and responsibilities of head teachers, deputy headteacher, as well as school committees. Key elements of school management include (i) planning; (ii) financial management; (iii) data collection and use; (iv) personnel and property management; (v) curriculum implementation and instructional leadership, (vi) community outreach, and (vii) student welfare, and other relevant programs being implemented such as teacher CPD and Primary Safe School Programs. Box 6: Local Government Authority Education Good Governance and Strengthened School-based Management Criteria 23 Official Use DLI Thematic Area LGA and School Good Governance Criteria Measuring LGA (1) education sector planning based • Consolidate WSDP into LGA level education plan and good governance on school development plans, approved by Council in education and • Ensure all schools have functional School Committees that strengthened conduct all scheduled meetings with the right quorum to school discuss issues relating to improving teaching and learning management environment in line with the approved Whole School Development Plan (WSDP); and minutes are documented (2) regular and effective school • Carry out regular supervision visits to all schools to ensure supervision, schools adhere to updated School-based Management Manual (WSDP in place, GBV mitigation actions, use of SIS data in decision making, quarterly publication of financial reports, management of safe schools, CPD, and other special initiatives) (3) internal audit • Percentage of schools covered by the internal auditor and internal audit reports presented to the Council Finance Committee. It is the requirement to conduct internal audit reviews on quarterly basis. (4) construction management; • Quarterly monitoring and reporting of Force Account construction in schools per SOP established to ensure compliance with government guidelines and specifications (5) citizen engagement and GRM • LGA prepares and publishes an annual report on the complaints received and resolved by the schools under its jurisdiction 26. The DLIs and DLRs will be verified by one or two independent verification agencies (IVA), per the verification protocol established under the Program. As agreed with the government and EPforR II partners, the common DLIs including DLIs 2, 5 and 7 may be verified by the IVA contracted by FCDO with FCDO funds using terms of reference satisfactory to World Bank. Any remaining BOOST DLIs not covered by FCDO IVA will be verified by the Internal Auditor General (IAG) or a second IVA procured under BOOST IPF through national competitive bidding. The DLIs will be verified primarily through pre-identified disclosed data sources (e.g., BEMIS, SQA reports, 3R results, and relevant administrative documents etc.) and complemented by surveys of randomly sampled beneficiaries and field validation visits to randomly sampled Program sites. The annual IVA reports will serve as the basis for assessing progress towards the achievement of the DLI targets, and for disbursement authorization by the World Bank for the PforR part of BOOST. Funds released against the DLIs will be deposited in two dedicated accounts, one in MoEST and the other in PO-RALG based on the proportions agreed for each of the DLIs. 27. BOOST Program IPF component (US$ 20 Million). The IPF component of BOOST will finance Program management, technical assistance (TA), as well as short and long-term capacity development within the Government technical and implementing agencies including the LGAs. The IPF activities follow World Bank procurement and financial management as well as the WB’s Environment and Social Framework (ESF). The IPF component has the following three subcomponents: 24 Official Use • Sub-component 1: Program management, policy studies, monitoring and evaluation, and verification (US$10million). This sub-component will finance the operational costs associated with coordination, implementation, technical assistance and capacity building, monitoring, and evaluation of Program activities at the national and LGA levels. This includes consultancies, travel, workshops, and purchase of vehicles and office equipment. It will also finance technical assistance needed to help achieve all DLRs, conduct beneficiary surveys and evaluations on Program interventions including but not limited to an in-depth study on the schooling needs and barriers for the marginalized and vulnerable communities, and a beneficiary survey of the Primary Safe School Program. Finally, it will finance the independent verification of DLIs not covered by the FCDO IVA. MoEST and PO-RALG will be jointly responsible for this sub-component. • Subcomponent 2: Capacity building in curriculum, learning assessment and teacher management (US$5million). This sub-component will finance short and long-term capacity building of Tanzania Institute of Education and its management and subject experts on curriculum and syllabus development and instructional design, development of teaching learning materials including digitized ones, curriculum implementation, research, and evaluation. Cross-cutting areas of curriculum including environmental training and social risk management, as well as sexual and reproductive education, person with disability (PWD), and education for vulnerable and marginalized groups (VMG) will also be included. It will also finance activities to strengthen capacity of NECTA on Learning Assessments. There will be short and long-term training, updating of item banks, as well as upgrading of e-marking system. Twinning arrangement with internationally renowned institutes of education will be procured to provide long term partnership to TIE and NECTA. Finally, it will support the Teacher Service Commission to develop teacher policies and career ladder that will strengthen the quality of the teaching profession by linking the career ladder with CPD and teacher appraisal, and at the same time incentivize hardship postings. MoEST will be responsible for this sub-component. • Subcomponent 3: Strengthening LGA leadership and management capacity for better education service delivery (US$5million). This sub-component will strengthen the LGA education leadership and management capacity through training the Ward Education Officers (WEOs), School Quality Assurance (SQAs), DEOs and REOs, and school headteachers and deputy headteachers. Approximately 17,000 will receive training under this sub-component. This is different from the PforR DLI8 which incentivizes LGAs to achieve a set of minimum good governance indicators defined in Box 3. It will support capacity building programs designed to address the gaps identified from a needs’ assessment. The training programs will therefore be adapted based on the outcome of the needs’ assessment but will include strengthening in: (1) better understanding of the legal and policy framework, (2) adherence to code of conduct concerning the rights of all children, and (3) abolishing all forms of prejudice and violence including GBV against children, person with disabilities (PWD), vulnerable and marginalized groups (VMG), and pregnant girls. FCDO will focus on nine regions and select LGAs while BOOST IPF could focus on the other regions and LGAs. PO-RALG will be responsible for this sub-component; and Agency for the Development of Education Management (ADEM) will be the lead coordinator of the trainings, with additional training providers procured through national competitive bidding from the eligible universities, Teacher Training Colleges, as well as qualified NGOs, CSOs, and private sector. This sub- component will also support the purchase of office equipment, vehicles, and any material relevant to support effective implementation and oversight of the programme at LGA level. 25 Official Use 28 The main implementing agencies for the IPF component include MoEST and PORALG. Correspondingly, two IPF designated accounts (DAs) will be set up one for MoEST and another for PO-RALG. The TIE, NECTA, Teacher Service Commission (TSC), and ADEM are the technical agencies that will implement and benefit from the IPF subcomponents 2 and 3. It is important for the management and content of the IPF to be complementary of the parallel technical assistance being supported by FCDO and others. 29. Annual work plan and procurement plan are required of all implementing teams and will be consolidated by the National Program Implementation Team (NPIT) to be approved by the Program Steering Committee (PSC) and cleared by WB via no objection. An initial procurement plan for the first 18 months have been developed and will be finalized at negotiations. When relevant, technical assistance and capacity building will be packaged into reasonable contracts and bids be invited via national competitive bidding so that universities, CSOs, NGOs, and private sector that meet the eligibility criteria will be able to compete and deliver the service. The details of the IPF component will also be included in a separate section of the Program Operations Manual (POM) to be developed prior to effectiveness. 4. Table 1: Summary of BOOST Disbursement Linked Indicators (DLIs) Result Area DLIs IDA US$m Improving public 1.1 Need-based School Infrastructure Development Master Plan executed 150 school learning environment 1.2 Primary schools implementing Safe School Programs 50 1.3 Preprimary gross enrollment ratio increased 50 Improving teacher 2.1 Preprimary classes with trained teachers implementing developmentally appropriate 50 competency and teaching and learning packages classroom teaching and learning 2.2 LGAs implementing cluster and school-based teacher continuous professional 60 development programs 2.3 Primary hub schools and teacher resource centers that have rolled out ICT packages, 50 enabled with learning management systems Strengthening financing and 3.1 Release of budget allocation in support of key programme activities decentralized service 20 delivery 3.2 LGAs in compliance with good education governance criteria that include ensuring 50 schools adopt enhanced school-based management Total Amount 480 26 Official Use 1.3 Program Implementation Arrangements 30. The implementation of BOOST, both PforR and IPF, is guided by the government institutional arrangement in basic education and is organized at sector dialogue, strategic leadership, and Program implementation at national and LGA levels. A critical feature of the implementation arrangements is that the two sector leading ministries (MoEST and PO-RALG) are jointly involved in shaping the strategic direction of the program and implementation coordination at all levels. This arrangement will enhance participation of all relevant ministries in critical decision making and issues resolution while breaking down any silos that might affect program performance and overall services delivery. The specific levels of the implementation arrangements and their composition are described below. 31. Sector Dialogue: The Government of Tanzania has established a sector dialogue structure to work with various education development partners and CSO and coordinate education development efforts. The ESDP (both existing one and the new one to be updated) provides the overall framework and defines key performance indicators (KPIs) across the sub-sectors, to which all DPs are committed. Government, DPs and CSOs form the Education Sector Development Committee (ESDC), which is the sector mechanism for coordination, monitoring, and policy discussions, and by which the performance towards the ESDP is tracked. The ESDC is supported by several technical working groups, which include government, DPs, and NGOs active in the specific sector areas. As part of this structure, Annual Joint Education Sector Reviews (AJESR) and field visits are organized, in which partners participate, jointly monitor performance, and provide feedback. The government will continue to strengthen and streamline the operation of ESDC to ensure active participation of CSOs, DPs, and NGOs. 32. Strategic Leadership: A Program Steering Committee (PSC) led by Permanent Secretary of MoEST as Chair, Permanent Secretary PO-RALG as Co-Chair, including Deputy Permanent Secretaries, Commissioner for Education, Directors for Policy and Planning from MoEST and PO-RALG, Director for Education Administration PO-RALG and representatives from President’s Office, Public Service Management (PO-PSM), a focal person from the Ministry of Finance and Planning (MoFP), will provide strategic guidance of the EPforR II program including BOOST. The PSC will meet at a minimum twice a year. The mandates of PSC are to review and assess progress and performance of EPforR II and approve fund releases: • Approve the annual EPforR II work plan and budget by October for the following year • Approve the six-monthly fund release requests (October, May) • Approve the annual EPforR II report (released in December) • Review progress in achieving the DLIs • Interrogate and endorse reports substantiating and validating the performance assessment including the Independent Verification reports • Approve annual work plan and budgets for the EPforR II technical assistance programs including BOOST IPF component • Approve Program Operational Manual and its amendments. • Nominate and approve the Program implementation teams at national and LGA levels 33. A National EPforR II/BOOST Program Implementation Team (NPIT) will be established and hosted within the Division of Policy and Planning in MoEST, led by the Director of Policy and Planning, assisted by one EPforR II coordinator MoEST, one EPforR II coordinator PO-RALG, and comprised of specialists in financial management, procurement, safeguards, gender and inclusion, and monitoring and evaluation. It will also include a focal technical person from MoFP. The NPIT is responsible for daily management and coordination of the EPforR II and 27 Official Use BOOST. The NPIT will convene DLI working groups from relevant departments of MoEST, PO-RALG, TIE, NECTA, TSC, ADEM, and LGAs to ensure Program planning and implementation as needed. The NPIT will also facilitate the PSC meetings and work closely with the EPforR II partners and technical assistance consultants and teams. 34. An LGA level Program Implementation Team (LPIT) will be established in each of the participating LGA: The LGA level Program Implementation Team (LPIT) will be led by the DEO and assisted by a team comprised of SQA officer, WEO, LGA finance, procurement, social welfare, and community development officers, as well as representatives of headteachers. The LPIT will be responsible for preparing annual work plans and budgets, coordinate with the TRCs and hub schools for the implementation of CPD and Primary Safe School Programs at LGA level and school levels and monitor the implementation of the Program within its jurisdiction. Figure 0-1 Program Institutional Arrangements 28 Official Use 2 SECTION II: OBJECTIVE, SCOPE, AND METHODOLOGY FOR THE ENVIRONMENTAL AND SOCIAL SYSTEM ASSESSMENT 2.1 Objectives and Scope of the ESSA 35. An Environmental and Social Systems Assessment (ESSA) was undertaken by the Bank team for the Program as per the requirement set forth under Program for Results Financing. The ESSA aimed to review the capacity of existing Tanzania government (national and provincial) systems to plan and implement effective measures for environmental and social risks and impact management for the program, including determining if any measures would be required to strengthen them. This included assessing the environmental and social systems in place, the human resources, the competencies, the gaps /weaknesses, extent, and nature of necessary improvements that would form the basis for a program action plan. a. Specific Objectives of ESSA are to: (a) identify the potential environmental and social impacts/risks applicable to the Program interventions, (b) review the policy and legal frameworks related to the management of environmental and social impacts of the Program interventions, (c) assess the institutional capacity for environmental and social impact management within the Program system, (d) to prescribe institutional arrangements for the identification, planning, design, preparation and implementation of the sub-projects under the proposed program to adequately address environmental and social sustainability issues, (e) specify appropriate roles and responsibilities and outline the necessary program management and reporting procedures for managing and monitoring environmental and social concerns related to the proposed program, (f) assess the consistency of the Borrower’s systems with six core principles and attributes defined in the Bank’s Policy – Program for Results Financing, to include assessment of monitoring and evaluation systems for environmental and social issues, (g) to describe actions to fill the gaps identified that will input into the Program Action Plan to strengthen the Program’s performance concerning the core principles of the PforR instrument. 36. The ESSA is undertaken to ensure consistency with the six “core principles� outlined in paragraph 8 of the World Bank’s policy on Program-for-Results Financing to effectively manage Program risks and promote sustainable development. The six core principles are: 1. Core Principle 1: Program E&S management systems are designed to (a) promote E&S Sustainability in the Program design; (b) avoid, minimize, or mitigate impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. 2. Core Principle 2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. 29 Official Use 3. Core Principle 3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. 4. Core Principle 4: Program E&S systems manage the land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards. 5. Core Principle 5: Program E&S systems give due consideration to the cultural appropriateness or and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, and to the needs or concerns of vulnerable groups. 6. Core Principle 6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. 37. The ESSA provides a reference that is used to monitor environmental and social systems performance during the Program implementation, and identifies actions, as needed, to enhance the systems during the Program preparation and implementation (the latter are included in the Program’s Action Plan). The environmental and social risks, and proposed mitigation measures, as appropriate, are inputs to the integrated risk assessment of the Program. The assessment includes a review of the arrangements by which the Program activities that affect communities will be disclosed, consulted upon, and subject to a grievance redress process and proposes actions and measures to address consultation, disclosure and grievance as appropriate to the activities to be supported under the Program. 2.2 Methodology of the ESSA Methodology Overview 38. The assessments were carried out through a comprehensive review of relevant government (national and provincial) policies, legislation, institutional roles and capacities, program procedures, and assessment of the available capacity within the regions of the Republic of Tanzania to implement the existing systems consistent with Bank Program for Results Financing. A structured questionnaire prepared by the ESSA team was used to guide discussions and data collection at the national and provincial level agencies, regulators, and respective environmental and social implementing teams that will be involved in the Program implementation. 39. This information collected was used to understand the key institutions charged with the management of environmental and social risks at the National and Provincial level of Government, stakeholder’s perspectives about social and environmental aspects, and the available environmental and social management system in place to assess and manage the social and environmental risks and impacts. The gaps identified through the ESSA and subsequent actions recommended to fill those gaps will directly contribute to the Program’s Action Plan to enhance the effectiveness and performance of institutional structures and related implementing agencies (IAs) for BOOST. 30 Official Use Methodology 40. To assess the existing systems as well as analyze how these systems are applied in practice, the process of preparing the ESSA was drawn on a wide range of data. Inputs analyzed for this ESSA included the following. i. Desk Review of Policies, Legal Framework, Regulations, and Program Documents: The review examined the set of policies and legal requirements related to environment and social management at the national and regional government level. The review also examined technical and implementation support documents from previous and ongoing World Bank PforR programs i.e. Education Program for Results (EPforR) Program that is the parent program for BOOST and is currently under implementation in Tanzania (ending in 2021), and Secondary Education Quality Improvement Project (SEQUIP). This included but not limited to; Table 2-1 : National Policy and Legislative Framework Environmental Management Framework Social Management Framework • National Environmental Policy • Employment and Labour Relations Act, Act No. (1997) 6 of 2004 • The Environmental Management • Labour Institutions Act, Act No. 7 of 2004 Act, Cap 191 (2004) • Land Policy (1997) • National Environmental Action • Land Act, Cap.113 R.E. 2002 Plan. • Village Lands Act, Cap 114 of 1999 • Water Utilization (Control and • Land Acquisition Act Cap118, 1967 R.E. 2002 Regulation) Act, (No. 42) 1974 • The Local Government Act, 1982 (revised in • Occupational Health and Safety 2002) and its amendments: Act No. 5 of 2003 • Water Supply and Sanitation Act (No. 12, 2009). • Public Health Act of 2009 • National Rural Energy Act, 2005. • National Climate Change Strategy • Policy on Women and Gender Development, (NCCS) 2000 • The Environmental Impact • Law of the Child Act, 2009 Assessment and Audit Regulations • National Education Act of 1978, (2005). • School Quality Assurance handbook, 2017 • Environmental (Registration of Environmental Experts) • National Education and Training Policy, 2014 Regulations, 2005 (G.N. No. 348 of • The Education Sector Development Plan (ESDP) 2005). 2016/17-2020/21 • Strategic Environmental • The 2015 Fee Free Basic Education Policy Assessment Regulations (2009); (FFBE). • Environmental Management • National Guideline and its Toolkits for School (Hazardous Waste Control and Water, Sanitation and Hygiene in Management) Regulations (2009). Tanzania, 2010, First Draft for Piloting and • Solid Waste Management Consultation. Regulations (2009); • National Strategic Plan for School Water, Sanitation and Hygiene (SWASH), 2012 - 2017. 31 Official Use Environmental Management Framework Social Management Framework • Air Quality Standards Regulations • Technical Guidelines for School Construction. (2007); • Tanzania’s Education Management Information • The Soil Quality Standards System (EMIS). Regulations (2007); • Basic Education Statistics in Tanzania (BEST). • Water Quality Standards • Environment and Social Management Regulations (2007) Frameworks (ESMFs). World Bank Related Documents • Program Concept Note • Draft Program Appraisal Document • Relevant reports and ESSA reports for other PforR projects in Tanzania (EPforR) • Other ESSAs in Tanzania under World Bank financing ii. Institutional Analysis: An institutional analysis was carried out to identify the roles, responsibilities, and structure of the relevant institutions responsible for implementing the program, including coordination between different entities at the National and Regional levels. Sources included existing assessments of key institutions focusing on environmental and social assessment and management processes. These were. Table 4.1: Institutional framework for environmental and social impacts and risks management Environmental and Social Management Institutions Relevant to Social Management Institutions (per EMA, Cap 191 of 2004) • The Vice President Office (VPO): • Ministry of Education, Science and Technology The Minister Responsible for (MoEST). Environment. • Ministry of Finance and Planning • The National Environmental • Ministry of Health, Community Development, Advisory Committee Gender, Elderly and Children • The Vice President Office (VPO) – • President’s Office- Regional Administration and Environment Division (ED) Local Government • The National Environment • Local Government Authorities Management Council (NEMC) • Energy and Water Utilities Regulatory • Sectoral Environmental Units Authority, 2001 • NEMC Zonal Offices • The Occupational Safety and Health Authority • Regional Environmental (OSHA) Management Expert (REME) • Tanzania Institute of Education • District Environmental • School Quality Assurance Management Unit • The Basic Education Management Information • Ward, Mtaa / Village/Hamlet System (BEMIS) Environment Committees • Teacher training colleges 32 Official Use Environmental and Social Management Institutions Relevant to Social Management Institutions (per EMA, Cap 191 of 2004) • Open and regular universities • NECTA • School Committees iii. Focus Group Discussions: FGDs with local communities involved in the pilot regions of Pwani and Dar es Salaam. iv. Consultations with representatives of vulnerable and marginalized groups and their representatives CSO which was conducted through virtual meeting and soliciting of comments through email communications . More consultations will be conducted during the project implementations to engage the vulnerable marginalized communities through Study on barrier to access to education that will be conducted in TA activities in IPF component. v. Field Visits and Stakeholders’ Consultations: Field visits were conducted to the selected Districts to assess LGA and, School environmental and Social Management systems and capacities for implementing the program. 1. Consultations were held in selected districts and at national level with the view of getting t views and perceptions of what various groups (including People with Disability) consider aspects of capacity concern regarding the project as an approach. Consultations targeted national ministries and departments, Local Government Authorities, and NGOs engaging in environmental, social and education activities. A full list of those consulted is shown in Appendix (i). Analysis 41. The ESSA analysis essentially follows the Strengths, Weaknesses, Opportunities and Risks approach. The study team used a Capacity Assessment Tool (CAT) in undertaking this assessment aimed at assessing in a participatory manner the following components of institutions namely: • Management systems and structures - planning, personnel, risk management, information systems, program reporting, and ethics. • Human resource /technical capacity - personnel policies and procedures, staffing, work organizations, performance management, volunteer management, occupational safety, diversity and gender considerations, human resource development. • Monitoring and evaluation- capacity to monitor and supervise environmental and social risks 33 Official Use • External relations - stakeholder relations, inter-NGO collaborations, government/local authority collaborations, funding partner collaborations, public relations, local resources, media, regional inter-governmental relations. 42. The sections that follow in this document provides further information: details of Program activities, institutions involved and the implementing agency’s experience in implementing similar projects, the potential environmental and social benefits, risks/impacts of the Program, the Country (and provincial) existing environmental and social management systems, assessment of the adequacy of the existing systems, and identification of gaps. Based on this analysis, actions to address the identified risks and gaps are identified and proposed. Disclosure of ESSA 43. Disclosure of the draft ESSA was carried out on 15th June 2021 through virtual communication to National and Regional levels participants, invitations were sent out to all the relevant Ministries and department representatives and other relevant stakeholders such as Civil Societies Organization (CSOs) and development partners to give comments on the draft ESSA report. Although not obliged, the final ESSA incorporating comments from stakeholders shall be disclosed on the client’s website before the appraisal of the program. The World Bank will also disclose the ESSA report on the World Bank external website. 34 Official Use 3 SECTION III: NATIONAL ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS RELEVANT TO THE EDUCATION SECTOR 44. Tanzania has a number of policies, instruments and laws that support environmental and social management and the environmental and social assessment processes. There are a number of sectoral directives to integrate environmental and social considerations in the decision-making process. The Constitution of Tanzania 1977 (amendments in 1988), Article 27 calls upon the public to ensure that the natural resources of the country are managed properly: (i) every person is obliged to safeguard and protect the natural resources of the United Republic, State property and all property jointly owned by the people; and (ii) all persons shall by law be required to safeguard State and communal property, to combat all forms of misappropriation and wastage and to run the economy of the nation assiduously, with the attitude of people who are masters of the fate of their nation. 3.1 National Environmental and Social Management Legal Framework 3.1.1 Environmental Management 45. The National Environmental Policy (NEP, 1997). The NEP provides the framework for incorporating and mainstreaming environmental and social considerations into decision-making in Tanzania. The overall objectives are to: a) ensure sustainability, security and the equitable use of resources without degrading the environment or risking health or safety. b) prevent and control degradation of land, water, vegetation and air c) conserve and enhance the natural and manmade heritage, including biological diversity of the unique ecosystems of Tanzania. d) improve the condition and productivity of degraded areas, including rural and urban settlements, e) raise public awareness and understanding of the essential linkages between environment and development, and promote individual and community participation in environmental action. f) promote international cooperation on the environmental agenda. 46. The NEP is a comprehensive attempt to guide the conservation and management of natural resources and the environment. It provides for cross-sectoral and sectoral policy guidelines, instruments for environmental policy, and the institutional arrangements for environmental management for determining priority actions and monitoring. The NEP requires environmental education and awareness-raising programs to be undertaken in order to promote informed opinion. It encourages environmental education to be introduced into primary and secondary school curricula to inculcate values that support responsible environmental care, and discourage attitudes that are incompatible with sustainable ways of life. 47. As stated in the NEP, the environmental objective of the Water, Sewerage and Sanitation sector is to support the overall national objective of providing clean and safe water within easy reach, to satisfy basic needs, to protect water sources and prevent environmental pollution. The NEP requires planning and implementation of water resources and other development programs in an integrated manner and in ways that protect water catchment areas and vegetation cover and promotion of technology for efficient and safe water use. 35 Official Use 48. Apart from the State of Environment reports which are meant to provide regular assessments of status and trends of environment resources that sustain the economy, there has not been systematic monitoring of progress of implementation of the NEP and no reviews of environmental performance are undertaken annually. There are no published documents/reports on monitoring and reviewing environmental performance.9 It has also not been widely distributed in the Kiswahili language, which is used by the majority of the implementers, most of whom do not speak English. 49. The Environmental Management Act (EMA) (No. 20, 2004). The objective of this Act is to provide for and promote the enhancement, protection, conservation, and management of the environment. This Act provides a legal framework necessary for coordinating harmonious and conflicting activities with a view to integrating such activities into an overall sustainable environmental management system by providing key technical support to Sectoral Ministries. It includes provisions for sustainable management of the environment, prevention and control of pollution, environmental quality standards, public participation, and the basis for the implementation of international environmental agreements10. The Act sets out the mandates (roles and responsibilities) of various actors to undertake enforcement, compliance, review and monitoring of environmental impact assessment, to facilitate public participation in environmental decision-making and to exercise general supervision and coordination matters relating to the environment. Institutionally it provides for the continuation of the National Environmental Management Council (NEMC), which is mandated to oversee environmental management issues and review programs to decide whether they need to undertake environmental impact assessment and prepare Environmental Impact Statements (EISs). 50. The EMA has established environment units in all ministries and environmental committees at the regional, district and village levels. Within each ministry, it is the Environmental Section’s responsibility to ensure that environmental concerns are integrated into Ministry’s developmental planning and project implementation in a way that protects the environment. It requires project developers to develop and implement Environmental Management Plans (EMP) as well as monitor any identified environmental issues associated with their project. 51. The Environmental Impact Assessment and Audit Regulations (2005). The regulations present the EIA process in Tanzania: a) Registering a project: The proponent is required to register the project with the NEMC through by a project brief. b) Screening: The project is classified to determine the level at which the environmental assessment shall be undertaken. It is at this stage that the decision is made whether to conduct the EIA or not. o Type A - Project requiring a mandatory EIA: Project is likely to have significant adverse environmental impacts and that in-depth study is required to determine the scale, extent and significance of the impacts and to identify appropriate mitigation measures. o Type B - Project requiring Preliminary Environmental Assessment: Project is likely to have some significant adverse environmental impacts but that the magnitude of the impacts is not well-known, a preliminary environmental assessment is required to decide whether the project can proceed without a full environmental impact assessment. 9 A Review of Current Tanzanian National Environmental Policy July 18, 2008 By Maro, Paul S 10 Environmental law in Tanzania; how far have we gone? Daniel Mirisho Pallangyo 36 Official Use c) Conducting an EIA: This involves the three main stages of the EIA process: scoping, preparing terms of reference, baseline studies (on the existing social, economic, physical, ecological, social-cultural and institutional environment within the project boundary area), conducting of EIA by experts and preparing an EIS. d) Reviewing the EIS: A cross-sectoral Technical Advisory Committee established by the NEMC reviews the EIA. The NEMC will also invite comments from relevant Ministries, institutions and the general public and may arrange for on-site visits and determine whether to hold or not to hold a public hearing. Upon completion of the review process, NEMC shall prepare a report on the review of environmental impact statement and submit it to the Minister of Environment in accordance with section 91 of the MEA. e) Decision of the Minister: The Minister will give his decision on an EIS, taking into account (i) the validity of the environmental impact assessment statement with emphasis on the environmental, economic, social and cultural impacts of the project; (ii) the comments made by relevant Ministry, institution and other interested parties; (iii) the report of the person presiding at a public hearing, where applicable; (iv) other factors which the Council may consider relevant in the implementation of the project; and (v) advice of the Director of Environment in such application. If the EIS is approved, the Minister will issue and EIA certificate. f) Environmental Monitoring and Audit: The NEMC shall, in consultation with the relevant sector Ministry, Government Department, agency or institution monitor ongoing projects on a continuous basis using parameters and indicators as may be prescribed in the guidelines made by the Minister in that respect, in order to evaluate the performance of the mitigation measures following the prepared Environmental and Social Management Plan as well as the Monitoring Plan. An environmental audit (self-auditing or by NEMC) will be carried out by a qualified and authorized environmental auditor or environmental inspector who shall be an expert or a firm of experts registered in accordance with the Environmental Regulations (Registration of Environmental Experts), 2005 through questionnaires, and environmental site visits and test analysis, etc. An environmental audit report shall be reviewed by cross sectoral advisory committee for purpose of establishing the accuracy and coverage of key issues and providing appropriate recommendations for remedial measures. g) Decommissioning: A decommissioning report is prepared at the end of the project life. This report outlines the restoration/rehabilitation activities to be carried out by the proponent and is lodged with the NEMC. 52. Public participation is required during the scoping stages and while fulfilling the terms of reference for the impact assessment of the EIA process. The proponent is responsible for identifying interested and affected parties and ensuring that all parties concerned are given adequate opportunity to participate in the process. A public information program is initiated, and public notices are issued during the scoping and EIA stages. Whenever a strong public concern over the proposed project is indicated and impacts are extensive and far-reaching, the NEMC is required to organize a public hearing. The results of the public hearing shall be taken into account when a decision is taken whether or not an environmental impact assessment certificate is to be issued. 53. Information Disclosure. Subject to the freedom of access to environmental information, any project brief, environmental impact statement, terms of reference, public comments, report of a person presiding at a public hearing, environmental impact assessment statement, decision letter or any other information submitted to the NEMC under these Regulations, shall be public documents. 37 Official Use 54. Environmental (Registration of Environmental Experts) Regulations, 2005 (G.N. No. 348 of 2005). These Regulations make provision with respect to Environmental Experts and establish the Environmental Export Committee. The Regulations provide for the certification and registration of Environmental Experts and contain rules relative to the practice and discipline of Environmental Experts and define functions, powers and internal organization of the Committee. 55. Environmental Management (Hazardous Waste Control and Management) Regulations (2009). The Regulations control all categories of hazardous waste and address generation, storage, transportation, treatment and disposal of hazardous waste and their movement into and out of Mainland Tanzania. They require hazardous waste management be guided by principles of environment and sustainable development namely, the precautionary principle; polluter pays principle; and the producer extended responsibility. The Regulations places responsibility to the generator of hazardous waste for the sound management and disposal of such waste and shall be liable for damage to the environment and injury to human health arising thereby. The regulations further recognize management and control of pesticides, radioactive and industrial and consumer chemical waste to be regulated under respective legislation. The Division of Environment issued in 2013 the Guidelines for Management of Hazardous Waste. Other Regulations under EMA. Other regulations under the EMA also include: a) Fees and Charges Regulations (2007); b) Ozone Depleting Substance Regulations (2007); c) The Biosafety Regulations (2009); d) Solid Waste Management Regulations (2009); e) Strategic Environmental Assessment Regulations (2009); f) Air Quality Standards Regulations (2007); g) The Soil Quality Standards Regulations (2007); h) Water Quality Standards Regulations (2007); i) Noise and Vibrations Standards Regulations (2009); j) Environmental Inspectors Regulations (2011); k) Control of Plastic Bags Regulations (2015); etc. 56. Water Utilization (Control and Regulation) Act, (No. 42, 1974). This Act, and its amendments, is the principal legislation dealing with the protection of water resources and control of water extraction for different uses. The extraction of water for different users is controlled through a “water right permit�. The projects need to undertake the procedures for acquiring and managing water rights, discharges to open environment and maintenance of water quality, which are provided by this act. 57. Water Supply and Sanitation Act (No. 12, 2009). The legal framework for water supply and sanitation is based on this Act. The Act outlines the responsibilities of government authorities involved in the water sector, establishes Water Supply and Sanitation Authorities as commercial entities. The National Water Sector Development Strategy (NWSDS) 2006-2015 sets out a strategy for implementing the National Water Policy, which aims to achieve sustainable development in the sector through an "efficient use of water resources and efforts to increase the availability of water 38 Official Use and sanitation services." The National Water Sector Development Program (WSDP) of 2006-2025 sets out to promote the integration of water supply and sanitation with hygiene education. 58. The Occupational Health and Safety Act (No. 5, 2003) aims to improve health, safety, and general wellbeing of workers and workplaces by promoting occupational health and safe practices in order to eliminate occupational accidents and diseases, hence achieve better productivity in the workplaces. In addition, it provides for the protection of persons other than those at work against hazards to health and safety arising out of or in connection with activities of persons at work. Section 15 gives powers to the Registrar of factories and workplace to enter any factory or workplace to perform his duties as provided by the Act. Section 16 requires that factories and workplace shall register with Registrar of factories and workplaces before commencing operations. 59. National Rural Energy Act, 2005. This is an Act to establish the Rural Energy Board, Fund and Agency to be responsible for promotion of improved access to modern energy services in the rural area of Mainland Tanzania and through a Fund within the Agency Board to provide for grants and subsidies to developers of rural energy projects and for related and consequential matters. 60. The Industrial and Consumer Chemicals (Management and Control) Act, 2003. The Act provides for the management and control of the production, import, transport, export, storage, dealing and disposal of industrial and consumer chemicals in the country. The law provides for the registration, restrictions, prohibition and inspection of chemicals. Furthermore, it has provisions for safe handling, chemical wastes, accidents; management of spills and contaminated sites and decommissioning of plants. 61. The Wildlife Conservation Act 2009. The Act aims to (a) protect and conserve and administer areas with great biological diversity, including wetlands which are representative of the major wildlife habitats; (b) protect and conserve wildlife resources and its habitats in game reserves, wetland reserves, game controlled areas, wildlife management areas, dispersal areas, migratory route corridors, buffer zone and all animals found in areas adjacent to these areas; (c) promote and enhance the contribution of the wildlife sector to the sustainable development of Tanzania; (d) promote and enhance the development of wildlife eco-system, as well as development of protected areas network; (e) support, strengthen and enlarge the wildlife protected areas network; (f) enhance the conservation of wildlife and its habitats outside wildlife protected areas by establishing Wildlife Management Areas; (g) encourage, promote and facilitate active involvement and participation of local and traditional communities in the sustainable management, use and conservation of wildlife resources; (h) integrate wildlife conservation with rural development through the transfer of the management responsibility of Wildlife Management Areas to local communities; (i) foster sustainable and legal use of wildlife resources and take appropriate measures to prevent illegal use of wildlife; (j) facilitate greater public awareness of the cultural, economic and social benefits for conserving wildlife resources;(k) mitigate human-wildlife conflicts wherever they occur; (l) create an enabling environment for the private sector to invest in different forms of wildlife utilization and conservation; and (m) enable Tanzania to participate in relevant international agreements. 62. The Antiquities Act, 1964 amended in 1979 and 1985.The Act protects all relics that were made, shaped, carved, inscribed, produced or modified by humans before 1863. Also, the act protects all monuments (buildings, structures, paintings, carvings, and earthworks) made by humans before 1886. In addition, the act protects all objects such as wooden doors or doorframes that were carved before 1940. Under the Act, the Minister responsible for antiquities is empowered to declare protected status for any object, structure, or area of cultural value. The Act vests the Department of 39 Official Use Antiquities ownership of tangible cultural heritage resources. Moreover, the Act prohibits the sale, exchange, and export of such cultural heritage resources without a permit. Also, it regulates cultural heritage resources research undertakings. The Act gives the Director of Antiquities the power to regulate, supervise and control tangible or physical cultural heritage resources together with research undertakings. It also gives the responsible minister immense powers to declare any area, object or structure, a monument or conservation area as a heritage site11. 3.1.2 Social Risks Management 63. Land Policy (1997): The Land Policy and the laws emanating from it address issues of land tenure; promotion of equitable distribution of land access to land by all citizens; improvement of land delivery systems; fair and prompt compensation when land rights are taken over or interfered with by the government; promotion of sound land information management; recognition of rights in unplanned areas; establishment of cost effective mechanisms of land survey and housing for low income families; improvement of efficiency in land management and administration and land disputes resolution; and protection of land resources from degradation for sustainable development. 64. Land Act No 4 of 1999: Private property is given either through Granted Rights in General and Reserved Land (Land Act, Section 19) or through Customary Rights in Village land (Village Land Act, Section 22). Provision is also made for holding land by joint occupancy or occupancy in common (Land Act, Part XIII). This is under the Ministry of Lands and Human settlements. 65. Village Lands Act, No. 5 of 1999: This Act requires each village to identify and register all communal land, and obtain the approval of all members of the village for identification and registration (Village Assembly, Section 13). A Register of communal land (section 13(6) is to be maintained by each village land council, and land cannot be allocated to individuals, families or groups for private ownership (section 12(1) (a)). This is also under the Ministry of Lands and Human Settlements. 66. Land Act, Cap.113 R.E. 2002: The major function of the Land Act is to promote the fundamentals of the “National Land Policy�, through giving clear classification and tenure of land, land administration procedures, rights and incidents of land occupation, granted rights of occupancy, conversion of interests in land, dispositions affecting land, land leases, mortgaging of land, easements and analogous rights, co-occupation and partitioning and settlement of land disputes. Section 1(4) classifies Tanzanian land into three categories: Tanzanian land falls into three categories, namely: a) Reserved Land: Set aside for wildlife, forests, marine parks, etc. Specific legal regimes govern these lands under the laws which established them e.g. Wildlife Conservation Act, Cap 283 National Parks Ordinance, Marine Parks and Reserves Act, etc. b) Village Land includes all land inside the boundaries of registered villages, with Village Councils and Village Assemblies given power to manage them. The Village Land Act, Cap 114 governs the land and gives details of how this is to be done. c) General Land is neither reserved land nor village land and is therefore governed by the Land Act and managed by the Commissioner. 11Cultural Heritage Management in Tanzania's Protected Areas: Challenges and Future Prospects, by Audax Z. P. Mabulla and John F. R. Bower 40 Official Use 67. All urban land falls under General Land Category, except land which is covered by laws constituting reserved land, or that which is considered hazard land. General land is governed by the Land Act. Reserved land includes environmental protected areas as well as areas intended and set aside for spatial planning and (future) infrastructure development. 68. Rights of occupancy is given in two categories that separate the rights of citizens and noncitizens to occupy land. Section 19 (1) confers right to all citizen to occupy land; 19 (2) and 20(1) excludes non- citizen to occupy land except for purpose of investment (Tanzania Investment Act 1997). Property rights can be created over surveyed general land or reserved land; for a period of 33, 66 or 99 years; confirmed by a Certificate of Title. 69. Land Acquisition Act Cap118, 1967 R.E. 2002: The Land Acquisition Act is the principal legislation governing the compulsory acquisition of land in Tanzania. Sections 3-18 of the Act empower the President to acquire land, and provide the procedures to be followed when doing so. The President is empowered to acquire land in any locality provided that such land is required for public purposes, and those who will be adversely affected to the acquiring of land by the government are eligible for the payment of compensation. 70. The Local Government Act, 1982 (as revised in 2002) and its amendments: The village, district and urban authorities are responsible for planning, financing and implementing development programs within their areas of jurisdiction. Each authority has to suppress crime, maintain peace, good order and protect the public and private property. LGAs are also capable of holding and purchasing, or acquiring and disposing of any movable or immovable properties. 71. Gender Policies: There are a number of policies positively impacting gender. Important among them include: i) The National Women and Gender Development Policy (2000) the National Strategy for Gender Development of (2005), and the National Plan of Action on Violence Against Women and Children (NPA-VAWC) of 2016. Together, these policies and strategies emphasize and provide strategies for: a) gender equity in all aspects of social, political, and economic life b)gender equity in decision making c) rights of the girl child to education d) protection of minors against sexual abuses and other forms of violence e)establishment of anti-VAWC platforms at community level. 72. The National Policy on Disability in Tanzania (2004): This policy notes that education facilities do not allow for easy access to schools for children with disabilities. The policy thus commits the government in collaboration with stakeholders to provide a conducive environment for inclusive education that takes care of special needs of disabled children 73. Constitution of Tanzania 1977 (amendments in 1998) Article 11 a) Every person has the right to self-education, and every citizen shall be free to pursue education in a field of his choice up to the highest level according to his merits and ability. 41 Official Use b) The Government shall endeavor to ensure that there are equal and adequate opportunities to all persons to enable them to acquire education and vocational training at all levels of schools and other institutions of learning. 74. Rights of the Child: Tanzania is a signatory to the Convention on the Rights of the Child and has submitted three reports in 2013. The Law of the Child Act of 2009 reflects the country’s commitments to the UN Convention of the Rights of the Child. 3.2 Technical Guidelines, National Plans/Programs and Tools Involving Environmental and Social Management 75. Technical Guidelines for School Construction. The GOT, through [the then] Ministry of Education and Culture (MoEC) established a Development Grant in 2004 with the overall objective to improve the quality of and access to secondary education in Tanzania. The architectural and engineering standards and construction guidelines, along with verification, reporting and monitoring instructions were defined in a series of Technical Guidelines and Handbook: such as Guidelines for Sanitary Facilities for Primary Schools, Guidelines for Monitoring Construction which are in effect, etc. 76. The following are special requirements for all existing and new schools12: a) Drinking water facilities must be available or included as part of the community or DG contribution. b) Latrines or toilets must be available or included as part of the community or DG contribution. The Head of School must ensure that hygiene awareness training is available for Pupils and separate latrines or toilets are allocated to girls. c) An effective School Construction Committee must be in place for new schools, and shall be made up of at least 30% women. 77. The standardized guidelines for monitoring quality control of works includes aspects related to location and siting of school building, habitat conservation, foundations, school building design etc. 78. School Quality Assurance Handbook, 2017: This hand book provides guidelines for monitoring, evaluation and reporting on agreed quality standards for all aspects of school life in order to ensure that good standards are attained and maintained, learning outcomes continuously improve, learners learn in a safe environment and the community is encouraged to be part of the learning community. Key domains, areas of focus and quality indicators include the following: a) if teachers/tutors use opportunities to teach learners to have an awareness of personal safety and healthy lifestyles? b) if leaders know the statutory requirements for curriculum, health and safety and personnel management? Do they ensure that the school is compliant with regulatory requirements and do they use them for improvement/health and safety? c) if the school work efectively to keep learners safe from harm such as bullying, harassment, and help them to develop positive attitudes to resolve and deal with difcult situations? d) Can the school demonstrate that it has good fire safety facilities that conform to local regulatory requirements? 12 Construction guidelines for secondary education development plan 2004 - 2009 42 Official Use 79. National Environmental Action Plan. Mainstreaming environmental concerns into development policies, plans and strategies is one of the priorities in Tanzanian’s Sustainable Development Agenda. One of the initial mainstreaming efforts has been the preparation of National Environmental Action Plan (NEAP) in 1994. This was a response to the recommendations by the Earth Summit in 1992 held in Rio de Janeiro, Brazil. At this Summit, countries were required to prepare and implement National Environmental Action Plans. 80. The EMA 2004 also provides for preparation of the NEAP in the interval of five years. According to the Act, the NEAP is the basis for integrating environmental concerns in formulation and implementation of development plans and programs. In addition, the EMA 2004 requires Sector Ministries and Local Government Authorities to prepare their respective Environmental Action Plans in conformity with the NEAP so as ensure environmental mainstreaming at respective levels. 81. The NEAP (2012 - 2017), has been prepared to update information on natural resources and environment, and in devising strategic interventions, taking into account emerging issues. It highlights the state of the environment identifying key environmental issues. These include Land degradation; Water resources degradation and pollution; Aquatic resources degradation; Loss of wildlife habitats and biodiversity; Deforestation; Urban pollution; Climate change; Modern biotechnology; E-waste; Invasive alien species; and Biofuels. Furthermore, the NEAP sets targets and indicators for tracking implementation progress. 82. National Strategic Plan for School Water, Sanitation and Hygiene (SWASH), 2012 -2017. While significant success has been made in extending access, improving quality remains a challenge. The increase of number of schools is inversely proportional with the increase of sanitation facilities. The MoEST has defined clearly the standards for school sanitation facilities. These standards include setting latrines with the ratio of one drop hole per 20 girls and one per 25 boys. In 2009, the United Nations Children's Fund (UNICEF), Water Aids and Netherland Development Organization (SNV) carried out a survey (2009) to find out the existence situation and standards of WASH facilities in schools. Survey revealed that most of the schools have not met these standards. This situation has prompted the MoEST to join effort with Development Partners to design a SWASH program in scaling up the sanitation facilities in schools. In order to embark in this situation and bring effective implementation of the SWASH program strategic plan was necessary to be developed. 83. The SWASH Strategic Plan aims at enhancing the provision of adequate safe water, sanitation and hygiene facilities as well as improving the academic performance, school attendance and overall health of school children. It acts as a guide to various stakeholders including the Government, Development Partners, NGOs, Civil Society Organizations Communities and others to work together towards attainment of better healthy learning environment among school children. It stipulates key strategic areas including policy guidelines and strategy formulation, institutional arrangements, awareness and capacity building, infrastructure development and maintenance (including mobilization of construction resources for WASH facilities, construction and development of operation & maintenance manual and training), and cross-cutting issues (including waste disposal be separately from sanitary waste and sanitary waste be disposed through incineration) that need to be collaboratively addressed by four key Ministries. It also complements other regional and national efforts on improvement of school sanitation and hygiene contributing to a positive learning 43 Official Use environment, quality education and health for school children. It targets to increase by 50% WASH facilities in schools by 2016/17. Future phases will be determined based on the review of the initial phase during 2012-2017. 84. National Guideline and its Toolkits for School Water, Sanitation and Hygiene in Tanzania, 2010, First Draft for Piloting and Consultation. For implementation of the SWASH Strategic Plan, the School WASH Guideline was developed in 2010, which is a joint effort of four key Ministries responsible for School WASH including Prime Minister’s Office – Regional Administration and Local Government, Ministry of Education and Vocational Training, Ministry of Health and Social Welfare, and the Ministry of Water and Irrigation in close collaboration with other stakeholders including development partners, NGOs, Civil Society Organizations, local government authorities and institutions and the communities. It sets out the minimum requirements for WASH that are relevant to various types of schools in different contexts in Tanzania. It is designed for use in different school settings where simple; affordable and replicable options can be promoted to contribute significantly to improving water; sanitation and hygiene conditions in schools and pre-schools. It is developed with the aim to: a) Assist local authorities (including school’s management) and the local communities to assess the existing situation and to evaluate the extent to which those schools may fall short of national standards; and subsequently plan and implement any intervention or improvements required. b) Provide basic information (such as technical designs, cost estimation and simple operation and maintenance requirements) on a range of technical options that are suitable for various social economic conditions, for different ages, gender friendly and for children with disabilities. c) Set out specific standards to ensure that the improvement of existing and construction of new WASH facilities in schools meet the minimum requirements; d) Assist schools and communities with the development of comprehensive and realistic action plan so that acceptable conditions are maintained; e) Provide relevant tool-kits that can be used by different target groups (school teachers/Pupils ; LGAs, International/local NGOs and contractors; Development Partners; decision-makers) for development and implementation of strategic action plan for SWASH improvement. f) Support the implementation of the relevant National Policies through setting and achieving specific targets. g) Assist LGAs to involve and support communities and schools in planning; budgeting; implementing and monitoring for School WASH improvement 1. The Guideline has five toolkits: a) Toolkit 1- Assessment and Monitoring Tools for SWASH (including SWASH Situation Assessment, SWASH Monitoring and Inspection for External Use, Checklist for Monthly Monitoring by School Committees, Parents and Teachers, SWASH Planning and Implementation Checklist) b) Toolkit 2- Technical Options for SWASH (2A: Options and Operation & Maintenance, and 2B: Designs and Bills of Quantities) c) Toolkit 3- Sanitation and Hygiene Education for Primary Schools (3A: Handbook for Teachers, and 3B: Posters) d) Toolkit 4- Manual on use SWASH Guidelines, Handbook for Trainers 44 Official Use e) Toolkit 5- Manual on use of Teachers’ Handbook on Hygiene Education in Schools, Handbook for Trainers 85. National Sanitation Campaign. In 2012, the Government of Tanzania launched the National Sanitation Campaign (NSC), under which, the Government has committed to facilitate 7 million Tanzanians gaining access to improved sanitation by 2015. In addition, a draft National Sanitation and Hygiene Policy13demonstrates the priority of the Government to this sector. A MoU among Ministry of Health and Social Welfare, MoEST, Ministry of Water, and PO-RALG summarizes institutional responsibilities and outlines a dialogue structure among the parties to improve coordination among key institutions. The NSC is delivered through Water Sector Development Program under the overall coordination of the Ministry of Water. About 65% of the funding (US$16 Million) is provided directly to LGAs for household sanitation promotion and school infrastructure improvement with the balance is targeted for national and regional level for monitoring and supervising LGAs activities. 86. Tanzania’s Education Management Information System (EMIS). EMIS is an Education sector’s primary source of information in order to better manage, plan and formulate effective education policies. EMIS also gives an overview of the education system and its performance in a country. It facilitates decision-and policy-making by providing information on the current condition of the system. EMIS information plays an important role in determining educational needs so authorities may decide how to best allocate the limited resources in the face of competing priorities. EMIS is used for: I. Monitoring and evaluating progress; II. Identifying challenges; and III. Strategizing possible solutions at the National, Regional, District and School levels 87. The EMIS is now up and running and the 2016 comprehensive data was uploaded to the Open Data portal by target date and provides a wealth of detailed school-level information for monitoring and planning purposes, as well as making the sector’s performance much more transparent. In order to strengthen the use of EMIS data, made available through open data initiative supported through the DLI# 3 in the original EPforR Program, the TA under the AF Program will support education research initiatives in leading universities in Tanzania. This is expected to create a culture of evidence-based education policy accelerating progress on key education outcomes in the country, while creating demand for high quality data and encouraging continuous investments in data infrastructure beyond the life of the program. A review of EMIS provision is ongoing to ensure it is better coordinated nationally, including finalizing unique school identifier codes, and that the formats of publicly available EMIS data are more user-friendly for various stakeholders, particularly parents, teachers and LGAs. 88. Adequate financing from the Government is expected to be made available to the EMIS Unit in PO- RALG to ensure that data can be collected, cleaned and uploaded faster immediately after the Annual School Census, allowing enough time for the Government to complete its analysis of the data before the draft Annual Summary of Education Performance Report based on the final data is made available by the end of August. 13 The draft policy is yet to be approved by Cabinet. 45 Official Use 89. Basic Education Statistics in Tanzania (BEST). The MoEST has been publishing annually the statistics booklet named “Basic Education Statistics in Tanzania� since 1980. The recent booklet published in August 2016 contains education data at national level for the period of five years that is from 2012 to 2016. The statistics published in the 2012-2016 booklet not only makes people more informed but also facilitates better decision making and planning for the Education Sector. The publication also provides basic indicators for all Education Sub-sectors namely, Pre-primary, Primary, Secondary, Teacher Education, Adult and Non-Formal, Folk, Vocational, Technical and Higher Education. The booklet is prepared based on agreed national indicators of access (enrolment), equity, Internal efficiency, quality (Number of teachers, Examination Results), School Quality Assurance and Education Financing. It is useful for monitoring of education sector performance and tracking Sustainable Development Goals (SDG Number 4). The booklet contains SWASH facility information and data by only one indicator “the number of latrines in all schools�, the following indicators have not been included in the booklet yet. However, the consultation informs that the following indicators have been included in the agreed Annual School Census for 2016 and the 2017 School Census might include additional variables. a) Number of schools with availability of water or functional water point by source, distance and ownership b) Number of schools with availability of electricity by source location and ownership c) Number of schools with availability of health services by distance location and ownership d) Number of Teacher’s Toilets in schools by sex, location and ownership e) Number of schools with playing facilities/playground by types location and ownership f) Number of schools with WASH (Water, Sanitation and Hygiene) program by region and ownership g) Number of schools with literacy clubs (HIV/AIDS, environmental, anti - corruption, human right education, scouts) h) Number of schools providing meals by location and ownership i) Number of schools’ Pupils receiving meals by type of meal, location and ownership Data on basic education system to be up-dated. 90. Environment and Social Management Frameworks (ESMFs). All the World Bank funded investment financing projects in the Education sector (although some have been closed) in Tanzania have implemented ESMFs, which have been developed after disclosure and consultation with key stakeholders. As per World Bank supervision records, all these ESMFs have been implemented by the implementing agencies responsible for the projects. The ESMFs identified environmental and social impacts of those projects (with school constructions) and clearly outlined mitigation measures, capacity building and monitoring requirements. These ESMFs can still be referred as needed. 3.3 Institutional Framework for Environmental and Social Risks Management 91. The Vice President Office (VPO)’s Leaders: The Minister Responsible for Environment. The Minister for Environment is responsible for matters relating to environment and in that respect be responsible for articulation of policy guidelines necessary for the promotion, protection and sustainable management of environment in Tanzania. 46 Official Use a. The National Environmental Advisory Committee. It is an advisory body established with the mandate of advising the Minister responsible for Environment or any sector Ministry in all matters related to the protection and management of environment. b. The Vice President Office (VPO) –Environment Division (ED). With regards to the environmental management in Tanzania, the overall responsibility lies with the Vice President’s Office (VPO) – Environment Division. The legal and institutional framework for environmental management in the country is provided in the EMA (2004). The ED was established in 1991 under the Ministry of Natural Resources and Tourism. In 1995, the ED was transferred to the VPO to give it the requisite priority and attention on promoting management of environmental agenda. The ED is responsible for the overall environmental policy and regulation, formulation, coordination and monitoring of environment policy implementation in the country. Institutions, with enforcement role in environmental management include Sector Ministries, National Environment Management Council (NEMC) and Local Government Authorities (LGAs). c. The vision of the VPO ED is “to attain sustainable human development, eradication of poverty, security and equitable use of resources on a sustainable basis to meet the basic needs of the present and future generations without degrading the environment or risking health or safety and also maintain the union between the mainland Tanzania and Zanzibar�. The mission of the VPO ED is “to formulate policies and strategies on poverty eradication, protection of environment and non-governmental organizations as well as co-ordinate all issues pertaining to the mainland Tanzania and Zanzibar�. d. The ED is responsible for coordination of national and international matters related to environmental conservation and management. The Division is led by a Director and comprises of three Sections as follows: I. Environmental Natural Habitats Conservation. This section is responsible for developing, reviewing and coordinating implementation of environmental policies, acts, regulations, guidelines, programs and strategies which are related to natural habitats and environmental conservation. Some of the specific areas of focus include biosafety; State of the Environment reporting; and biodiversity conservation of major lake basins such as Lake Tanganyika and Lake Nyasa. In addition, the section coordinates Global Environment Facility activities. II. Environmental Management of Pollution. The section is charged with the preparation, review and provision of advice on policies, legislation and guidelines which are related to environmental management of pollution. Some of the specific areas of focus include ozone depleting substances; persistent organic pollutants; and sustainable consumption and production. III. Environmental Impact Assessment. The main responsibilities of this section is to prepare and review environmental management policies, legislatives, regulations, guidelines, criteria and procedures for environmental impact assessments, risk assessments and Strategic Environmental assessments. Some of the specific areas of focus include climate change; poverty and environment mainstreaming; approval of Environmental Impact Statement and Strategic Environmental Assessment; e. The Director of Environment is responsible for coordinating various environment activities being undertaken by other agencies and promotes the integration of environment 47 Official Use considerations into development policies, plans, programs, strategies, projects and undertake as well as process or issue several environmental permits. f. The National Environment Management Council is the national authority responsible for ensuring compliance with the National Environmental Act. To ensure compliance, project must be issued an environmental license or permit, which confirms that all necessary environmental and social due diligence requirements have been fulfilled. NEMC also provides periodic oversight, monitoring the national portfolio of activities to ensure that no adverse cumulative impacts result. NEMC further provides oversight and technical assistance at the district level when required. 1. Overall, NEMC performs three critically important roles: a. Oversee the ESIA process; b. Train district officials to carry out environmental and social due diligence monitoring; and c. Monitor implementation of environmental and social risk management. 2. NEMC is also responsible for: a) Ensuring that operators comply with Tanzania’s environmental laws and requirements, a function it carries out with the assistance of the environmental officers assigned to district and regional governments; b) Receiving, reviewing, issuing comments and requests for revision, and providing clearance of completed ESIAs, when they are required, for subprojects prior to issuance of environmental permits and disbursement of financing from the fund; c) Reviewing and compiling monitoring reports for the district coordinators; d) Issuing directives, based on monitoring and evaluation reports, to the operators and district environmental coordinators; and e) Conducting, in cooperation with other ministries, programs to enhance environmental education and increase public awareness. 3. Local Government Authorities. LGAs maintain Environmental Management Committees the membership of which typically consists of: a) District planning officer, who coordinates the planning process; b) District natural resources officer, who manages the development of natural resources/forestry, wildlife, beekeeping, fisheries, and so forth; c) District agricultural and livestock development officer, responsible for land use and management; d) District water engineer; e) District health officer; and f) Co-opted members (depending on nature of project). 4. The Committees are supported by a designated or appointed Environmental Management Officer, employed by the District LGA but linked to and trained by NEMC, and having these main functions: a) Issuance of ESIA registration forms to developers and operators and provision of information on relevant policy, legal, and other administrative requirements at the district level; b) Coordination of the ESIA process at the district level as needed; and c) Linkage with NEMC on all undertakings within the district. 48 Official Use 5. LGAs review and clear the environmental and social management process, required of the School Boards, prior to funding any construction or civil works program. They ensure proper accounting at the school level and are responsible for: a) ensuring school construction programs comply with Tanzania’s environmental laws and requirements; b) receiving, reviewing and commenting and clearing of School Boards completed environmental and social screening forms and checklists; c) carrying out a regular and intrusive monitoring regime during the planning, implementation, construction, operations and maintenance stages of the schools; d) preparing periodic monitoring reports on the school construction programs at all stages of operations and to send these reports on a regular basis to the MoEST; and e) complying with (consistent with national laws) the directives of NEMC and MoEST, 6. Sectoral and District Level Environmental Units. Environmental Units at sectoral and district level are the collaborating partners in the EIA process. The linkages between NEMC and the sectoral and district environmental units are legally binding to ensure clear lines of command to facilitate effective implementation. The roles and responsibilities of these units shall be the following: a) Sectoral Environmental Units: • With assistance from NEMC to develop sectoral guidelines within the framework of the national EIA guidelines; • To issue EIS registration forms to proponents and provide relevant information on policies and other administrative requirements; and • To assist the general EIA process administration at sectoral level b) District Environmental Units: • To issue EIA registration forms to proponents and provide relevant information on policy, legal and other administrative requirements at the district level; • To coordinate EIA process at district level; and • To link and liaise with the NEMC on all undertaking with district. 99. School Committees or School Boards. The School Management Committees (for primary schools) or School Boards (for secondary schools) are responsible for: a) complying with all national laws regarding the environment and with all social/poverty guidelines, parameters and targets; b) implementing school construction program with all appropriate mitigation measures as defined in the construction planning cycle, technical and engineering designs and drawings, and civil works contracts, etc.; and c) ensuring that these mitigation measures are complied with during construction and post construction (i.e. operations) stages of their activities, by self-monitoring of their activities and by periodically reporting to LGAs; and maintaining an adequate budget to implement the appropriate maintenance procedures 100. The Ministry of Water and Irrigation is the agency responsible for co-ordination, monitoring and regulating community water supply. The promotion of hygiene and sanitation rests with the Ministry of 49 Official Use Health and Social Welfare. Due to decentralization in the water and sanitation sector LGAs are responsible for service provision of water and sanitation in their administrative areas, with advice from the PO-RALG. 101. Energy and Water Utilities Regulatory Authority, 2001. The general functions of EWURA are to regulate the provision of water supply and sanitation services by a water authority or other person including the establishment of standards relating to equipment and tariffs chargeable for the provisions of water supply and sanitation services. 102. The Occupational Safety and Health Authority (OSHA) was set up in 2001 under the Ministry of Labor and Employment to administer occupational health and safety at workplaces in the country. The role of OSHA is to improve health and safety (wellbeing) of workers and workplaces by promoting occupational health and safe practices in order to eliminate occupational accidents and diseases, hence achieve better productivity in the workplaces The Ministry of Labor and Employment is the main actor with the oversight role of ensuring that decent work is practiced and maintained in Tanzania. It provides directives, technical advice, enforces legislations, proposes amendments, allocates resources, oversees all activities carried out by OSHA and ensures that occupational safety and health rules and regulations are adhered to and maintained at workplaces. 103. Ministry of Education, Science and Technology (MoEST). The MoEST is responsible for hygiene education and the provision of clean water and sanitation facilities in schools. However there is a gap between MoEST at the national level and the School Committees (formed by parents, local government officials [village and ward] and school management) and who bear the major responsibility in facilitating community engagement in addressing school level environmental and social risks. This gap gives rise to inadequate enforcement of existing standards on quality school facilities, despite the school inspection process. This existing shortcomings in coordination and criteria for monitoring limit the effectiveness of School Committees to supervise standards as well as community engagement in supporting the provision of basic school facilities. A new Government Directive (Letter with Ref No. DC297/507/01/145 dated 27th November, 2015 of the PS, PO-RALG) seeks to clarify the responsibilities of government on primary education and the roles and responsibilities of different stakeholders in this sector, specifically delineating the contribution of communities which is basically to be in kind. Compliance however will vary due to differences in understanding and capacities in resource mobilization which will have impact on the BOOST Program. 50 Official Use 4 SECTION IV: POTENTIAL ENVIRONMENTAL AND SOCIAL EFFECTS OF THE PROGRAM 4.1 Introduction 104. This section presents the anticipated environmental and social impacts, benefits, risks, and opportunities specific to the EPforR subproject activities. The risks have been identified by looking at existing and possible impacts on the environmental and social context, the Program strategy and sustainability, the institutional complexity and capacity. The risks associated with the program can be mitigated through proposed measures, which include capacity building of implementing entities and partners to enhance inclusion, participation, and strengthening mechanisms on accountability and grievance redress mechanisms. These measures are included in the Program’s integrated risk management. 4.2 Scope of projects under the Program 105. As described in Section II, the Program under Results Area 1 (KRA 1 – (i) ) will support “Improving School learning Environment� which will involve construction of classrooms and associated facilities to help reduce classroom congestion and improve the health and safety of children especially in the wake of COVID-19; and under Results Area 2 (KRA2 – (iii) ) support improving teacher competencies and classroom teaching which is critical to improve student learning outcomes “through the deployment of an ICT package in a select number of schools to support this activity� 106. Based on the scope and scale of sub-projects to be financed under the program, environmental and social impacts are expected to be low to moderate in scale, with the most adverse impacts limited to the construction phase and being site-specific and temporary. All investments will undergo an environmental and social impact screening and assessment process as per the national environmental and social management systems requirements. These procedures will be outlined in the Environment and Social Risk Management Manual and Program Operation Manual (POM), which has been prepared for the Program, with technical guidance from the World Bank, and consultations with relevant technical staff at PMO at MOEST and PO-RALG, and other Program stakeholders at the national and regional levels. 4.3 Environment and Social Risk Rating 107. The purpose of the screening and risk rating for the program was to: (i) identify activities likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people; those activities are not eligible for the Financing, and should not be included under the Program; (ii) to determine the priority areas for further attention during the environmental and social system assessment, and (iii) determine the risk rating of the program. 108. Because of the significant geographic dispersion of the participating schools, different scales of proposed investments, the potential cumulative environmental and social impacts associated with many sub-projects in the Program, and the capacity of the PMO and other institutions to manage environmental and social risks the ESSA has determined that the overall risk of the program is rated as Substantial. 109. The program has proposed measures as part of the Program Action Plan to strengthen the country’s environmental and social management systems for the implementation and monitoring of the 51 Official Use program activities to close the gaps in areas of weak capacity and other risks associated with project implementation, especially during implementation and operation phases. 4.4 Potential Environmental Risks and Impacts of the Program 4.4.1 Main Risks and Impacts 110. The investments under BOOST will provide an important opportunity to enhance environmental systems with regard to ensuring safe, clean and sustainable surroundings in schools, which is recognized as a basic prerequisite for ensuring a conducive learning and teaching environment and quality. The potential benefits are likely to include but not limited to; • Improved sanitation in schools that will reduce spread of diseases such as cholera; • relevant standards and guidelines for school facilities (new construction and existing) and sanitation/hygiene requirements; • Contribute to strengthening of environmental risk mitigation from national to LGAs levels through increased awareness/behavior and capacity of contractors, school managers, teachers, school communities, school boards, education and environmental officers in LGAs on construction and school management; • Creation of a clean, safe, hazard-free school environment with easy accessibility; • Reduce spread of communicable diseases such as COVID-19; • Avoid exposure to toxic building materials, eg asbestos; • Create awareness of climate change and environmental risk mitigation; • Conserve energy and natural resources, employ day-lighting strategies and promote sustainable use of locally sourced materials and water harvesting • Employ sustainable purchasing and green practices such as waste management efforts and recycling 111. The potential adverse environmental impacts from the program include, but not limited to. • poor construction standards • disturbance of existing vegetation; • air pollution from dust and exhaust; • nuisances such as noise and vibrations; • water, and soil pollution from the accidental spillage of fuels or other materials associated with construction works; • solid and liquid wastes from construction sites; • traffic interruptions and accidents; • the spread of sexually transmitted diseases (including HIV/AIDS) and other communicable diseases such as tuberculosis due to workers influx; • occupational health and safety incidents through injuries or accidents to the workers at construction sites; • waste generated at construction sites; • Improper and indiscriminate disposal of E-waste by the schools; • Unsafe building materials such as asbestos and low cost chemical (lead) paints might have been used in the school buildings, and unmaintained building structure. This might lead to improper handling and disposal of hazardous building materials that can lead to serious health risks; 52 Official Use • soil erosion may also result from inadequacies in backfilling construction works and improper drainage of storm water; • Lack of disaster/safety and emergency response arrangements, especially if the schools are located in difficult sites such as hilly areas; erosion prone sites or high vulnerability areas; • Some regions have inadequate safe drinking water, particularly in areas where ground water has fluoride or heavy metals 4.4.2 Environment Risks Management Measures 112. All project investments under the BOOST will be subjected to screening, and preparation of the Impact Assessment) as per the NEMC requirements. The subprojects are expected to be site specific and well-defined mitigation and monitoring measures will be developed for each subproject through the ESMP. Other than requiring that all sub-project investments under the BOOST to be subjected to screening and further environmental analysis, the program has developed a set of principles that will act as measures to minimize sub-project risks at the concept level. 113. While no high-risk projects are expected under the program, the screening process will include criteria to exclude certain categories of projects as well as projects that are high risks and significant negative impacts that are sensitive, diverse, irreversible, or unprecedented on the environment and/or affected people. Such types of investments will be excluded from the Program. The screening procedure will be done during the sub-project appraisal and will be guided by the NEMC’s Guidelines which will be outlined in detail on Environment and Social Risk Management Procedures and highlighted in the Project Operations Manual (POM). This exercise will be carried out by the LPITs in coordination with PIU environment and social specialists, and the National Environment Management Council (NEMC). 114. The Project Operation Manual and Environmental and Social Risk Management Procedures will incorporate contractual responsibilities and obligations with appropriate mechanisms for addressing non- compliance of environmental, health, and safety issues of the sub-projects (by the contractor and the client). The Environment and Social Risk Management Procedures will operationalize the Program Action Plan. Further, the World Bank team will undertake a post-screening audit to ensure that all the selected sub-projects meet the outlined criteria. 4.5 Potential Social Benefits and Risks of the Program 4.5.1 Main Social Risks and Impacts 115. Activities to be supported by the Program are expected to generate socio-economic gains and have an overall positive effect. The anticipated potential positive impacts include but not limited to: • increase enrollment levels of girls and boys at the participating schools. • Reduction of gender gap in enrollment • Improvements in the proportion of schools with adequate learning environments • Construction of sanitation facilities will increase safety and privacy to girls and could likely attract and retain girls at school • Increase the performance of Pupils entering high schools and tertiary institutions hence increased workforce; • better institutional functioning for results by enhancing capacity of implementers from national level to school boards as well as enhancing social accountability and grievance redress measures; 53 Official Use • Enhance equitable access of all social/economic groups, vulnerable and other less advantaged groups, • Inclusion to community development for marginalized communities/indigenous peoples, people living with disabilities, women, and the youth. • creation of employment, and • increased equality, gender-balanced, and culturally appropriate access to the benefits provided by the program to women, youth, and marginalized communities/indigenous peoples. 116. The nature of the proposed activities in BOOST does not suggest that specific marginalized communities/indigenous peoples could be harmed by the Program. However, the exclusion of the these groups is harmful therefore the design of the Program aims to foster the protection and integration of marginalized communities/indigenous peoples into the Program design, including consultation during project selection and monitoring, development of the appropriate social accountability systems, and effective Grievance Redress Mechanisms. 117. Depending on the type, scope, and extent of eligible work under the BOOST, the potential negative social impacts are likely those that are typically related to the construction and operation phase and are generally work site-specific. Potential negative impacts of the program includes but not limited to: • Lack of transparency and trust by local communities due to poor consultations and stakeholder engagement with project beneficiaries, vulnerable groups, and marginalized communities/indigenous peoples; • Elite capture in the identification process of investment projects during the community consultation process, which might lead to poor investments equity between regions (rural and urban), gender and vulnerable groups/low income households; • Politicization of decision making such as influence on selection of participating LGAs and schools. • Social conflict may arise due to lack of inclusion as beneficiaries of minority groups, marginalized /indigenous women, based on marginalized regions, and disability; • Land acquisition, involuntary resettlement, and loss of livelihoods; • Disruption of access, traffic deviations, noise, vibration, dust, etc., that could generate disturbances in normal activities in neighborhoods; • Disruption and/or damage to public utilities such as water facilities; • The influx of workers and service providers into communities may increase the rate of crimes and/or perception of insecurity by the local community; • Social conflicts may arise between the local community(ies) and construction workers, which may be related to religious, cultural, or ethnic differences, or based on competition for local resources; • Women who seek employment may also face sexual harassment including demands for sexual favors before being employed; • Construction workers could increase or create demand for casual sex leading to the emergence or increase in sex work near the construction sites; • Interaction of workers with local women and girls can lead to domestic conflicts, GBV and domestic violence at a household level; • Potential increase in communicable diseases, including COVID 19 at workplaces and schools 54 Official Use • Poor labour management practices for the contractor and his workers; • Child labour and abuse may lead to Class absenteeism and School drop-outs due to poverty where Pupils miss school to engage in income earning activities; • potential risk of project workers engaging in illegal sexual relations with minors, leading to drop out of school due to early pregnancy; • Safety of both the Pupils and community during construction of school/classroom facilities due to poor contractor’s health and safety practices. • Some limitations in undertaking free, prior, informed consultations with vulnerable and underserved communities can be experienced due to low skills and challenges in reachability due to remote locations. 4.5.2 Social Risk Management Measures 118. In addition to screening, the Program has developed a set of principles and minimum standards that will act as measures to minimize project risks at the concept level. The principles that will apply to all investments as a mechanism for mitigating adverse social impacts and risks shall include but not limited to: a) To avoid elite capture for the investment project, the project selection process shall involve a robust locally-led LGAs and community engagement process to be outlined in the Program Environment and Social Risk Management Procedures and SEP. b) The stakeholder engagement plan will ensure stakeholder mapping, analysis, and consultation processes that ensure that all members of the community are involved in the consultation process, including the vulnerable groups, s, and women. c) Establish an effective and adequately financed project-specific grievance redress mechanism that is accessible to all project beneficiaries. d) Elaborate appropriate mechanisms to acquire, cede use rights or donate land voluntarily to be used for investments if not available, e) Projects likely to create or exacerbate social conflict within communities or regions/authorities will not be eligible. f) Participatory project monitoring by the LGAs and local communities (including marginalized communities/indigenous peoples) during the investment project construction phase. g) Put in measures to prevent and respond to incidents of gender-based violence within the context of the program’s investment projects, involving LGAs gender officers. h) Projects that are likely to have negative impacts on vulnerable and marginalized groups to give due consideration to the cultural appropriateness of, and equitable access to, program benefits, giving special attention to the needs or concerns of vulnerable groups and the rights and interests of VMGs. i) The Program Environment and Social Risk Management Procedures will incorporate contractual responsibilities and obligations with appropriate mechanisms for addressing non-compliance of social issues of the sub-projects by the contractor and the respective project area. j) Key result areas under the program to include citizen participation and gender equity under the project. k) Codes of conduct: Contractors will also prepare worker CoCs which will be understood and signed by their employees. 55 Official Use 119. To screen out for potential risks, the Program will rely on the guidelines in the Environment and Social Risk Management Procedures and Program Operation Manual (POM), which will include a rigorous sub-project screening process to be done by PIU Safeguards team. 120. The responsibility of the Contractor should be clearly defined in the contract clauses to ensure any damage to people and property during the performance of the execution of the civil works is borne by him. 4.6 COVID-19 Risks and Impacts 121. Projects involving construction/civil works frequently involve sometimes a large work force, together with suppliers and supporting functions and services. The work force may comprise workers from national, regional, and local labor markets. They may need to live in on-site accommodation, lodge within communities close to work sites or return to their homes after work. 122. There may be different contractors permanently present on site, carrying out different activities, each with their own dedicated workers. Supply chains may involve international, regional and national suppliers facilitating the regular flow of goods and services to the project (including supplies essential to the project such as fuel, food, and water). As such there will also be regular flow of parties entering and exiting the site; support services, such as catering, cleaning services, equipment, material and supply deliveries, and specialist sub-contractors, brought in to deliver specific elements of the works. 123. Given the complexity and the concentrated number of workers, the potential for the spread of infectious disease in projects involving construction is extremely serious, as are the implications of such a spread. Projects may experience a number of the work force becoming ill, which will strain the project’s health facilities, have implications for local emergency and health services and may jeopardize the progress of the construction work and the schedule of the project. Such impacts will be exacerbated where a work force is large and/or the project is in remote or under-serviced areas, such as the case for some FLLCA program. In such circumstances, relationships with the community can be strained or difficult and conflict can arise, particularly if people feel they are being exposed to disease by the project or are having to compete for scarce resources. The project must also exercise appropriate precautions against introducing the infection to local communities. 4.6.1 COVID-19 Risk Management Measures 124. The Program will develop a set of principles and minimum standards that will act as measures to minimize project risks against spread of COVID-19. This will include but not limited to; • Adhere to the rules and regulation guidelines set up by the Government of Tanzania; • Take all necessary precautions to maintain the health and safety of the Personnel involved in the program; • Ensure suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics at all sub-projects sites; • Personnel will be encouraged to use the existing project grievance mechanism to report concerns relating to COVID-19, preparations being made by the program/sub-projects to address COVID-19 related issues, how procedures are being implemented, and concerns about the health of their co-workers and other staff.; and • All Government protocols of health and safety are met at all Program intervention areas. 56 Official Use • Follow the guidelines set out in the WB’s ESF/Safeguards Interim Note: COVID-19 Considerations in Construction/Civil Works Projects, issued on April 7, 2020. 4.7 Exclusion Criteria 125. The exclusion principle applies to Program activities that meet these criteria, regardless of the borrower’s capacity to manage such effects. In the PforR context, the concept of exclusion means that an activity is not included in the identified program of expenditures. Also, an activity is not included if it requires the completion of a non-eligible activity to achieve its contribution to the Project Development Objective (PDO) or any specific Disbursement Linked Indicators (DLI). The six principles under the PforR will apply to all investments as a mechanism for mitigating adverse environmental and social impacts. 126. The program shall exclude projects that are likely to: i. Significant conversion or degradation of critical natural habitats or cultural heritage sites. ii. Air, water, or soil contamination leading to significant adverse impacts on the health or safety of individuals, communities, or ecosystems. iii. Workplace conditions that expose workers to significant health and personal safety risks. iv. Land acquisition and/or resettlement of a scale or nature that will have significant adverse impacts on affected people or the use of forced evictions.14 v. Large-scale changes in land use or access to land and/or natural resources. vi. Adverse E&S impacts covering large geographical areas, including transboundary impacts, or global impacts such as greenhouse gas (GHG) emissions. vii. Significant cumulative, induced, or indirect impacts. viii. Activities that involve the use of forced or child labour. ix. The marginalization of, or conflict within or among, social groups; or x. Activities with high risk of GBV and SEA. xi. Activities that would (a) have adverse impacts on land and natural resources subject to traditional ownership or under customary use or occupation; (b) cause the relocation of VMGs from land and natural resources that are subject to traditional ownership or under customary use or occupation; or (c) have significant impacts on cultural heritage that is material to the identity and/or cultural, ceremonial, or spiritual aspects of the affected communities. 14As per the PforR financing Environment and Social Systems Assessment Guidance (July 2019), Resettlement includes physical relocation of individuals and communities as well as the acquisition of land for program purposes. Because of the extreme sensitivity of land acquisition and resettlement, the Bank exercises caution when proceeding with any resettlement when the borrower cannot demonstrate that its systems meet the core principles and attributes or cannot ensure consistently satisfactory resettlement outcomes. It is not necessarily helpful to define fixed numerical thresholds for “large scale� because the significance of impacts depe nds very much on local contextual factors. The definition of significant resettlement impacts is closely related to the extent to which the borrower’s systems align with the core principles and to the borrower’s capacity to carry out land acquisition and resettlement in accordance with policy p rinciples and requirements. The emphasis should be on the potential for significant impacts on affected people regardless of scale, as significant adverse impacts are not acceptable to the Bank even if they affect only a small number of people. When the Bank team’s assessment is that the borrowe r is not able to demonstrate resettlement practices consistent with PforR core principles, regardless of the size or severity of resettlement impacts, the PforR operation should proceed only after a separate review of agreed resettlement systems and capacity-building actions by the SA or, in very sensitive cases, with senior management in GSURR and the Chief Environment and Social Standards Officer (CESSO). 57 Official Use 4.8 Grievance Redress Mechanisms 127. Given the various environment and social risks and mitigation measures outlined above, the program will put measures in place to mitigate possible risks, conflicts or tensions that might occur at all stages of the design and implementation of the program. The Program will respond to concerns and grievances of project-affected parties related to the environmental and social performance in a timely manner. For this purpose, already established GRM under EPFoR and SEQUIP will be strengthened , to cater for specific sub programs under BOOST, so as to receive and facilitate resolution of grievances and complaints related to its activities. The Program will learn from previous or ongoing EPforR and SEQUIP in implementation of an effective GRM. A well-designed and implemented GRM will considerably enhance efficiency and effectiveness of the aspects supported by the PForR component. The GRM for the Program will the following objectives: i. Provide the stakeholders with an effective platform to seek redress or resolve any dispute that may arise during implementation of the Program sub-projects; ii. Ensure that appropriate and mutually acceptable redress mechanisms are identified and implemented to the satisfaction of complainants; and iii. Reduce the need for using judicial proceedings. 128. Communities and individuals who believe that they are adversely affected as a result of the Program will be given mechanisms to submit complaints to the grievance redress mechanisms (GRM) at the national and/or local levels as described below. a) National Level: At the national level, there is a government portal (the open Data portal/website for Govt of Tanzania) available for registering complaints. In addition, the education sector through MoEST also has a portal used for registering complaints. The existence of this mechanism needs to be widely disseminated. In addition, the implementers of both the portals need to have a person identified for responding to the complainant (with given time lines) or forward the complaint to the relevant person for redressal. b) At the Local Level: The following systems are in place at the local level: i) LGAs: a district grievance committee will have a mechanism for handling complaints. A complaint box to receive complaints will be placed and the secretary of the committee will collect the complaints and submit to the committee for resolutions. ii) Village Committees/Sub-ward Committees also have a similar mechanism for handling complaint. They respond to the complainant or forward to the next higher level for redress of issues that are beyond their jurisdiction. iii) School Committees (for primary schools) and School Boards (for secondary schools) are responsible to receive and resolve complaints. Evidences (e.g. submission of operations log or reports of at least one month and a case report) will be collected during the EPFoR Program implementation to show these measures are working. 129. The table below summarizes the potential risks related to the environmental and social impacts of the Program and suggests risk management measures for each risk. 58 Official Use Table 4-1 : Key Risk and Impacts Rating Risk/Impact Description Phase Risk/Impact Management Risk Rating Identification of Impacts: • Planning • Environmental and Social Management System prepared Significant Potential environmental by the program that is consistent with Tanzania’s national and social risks and impacts environmental and social framework and bridge gaps with of the investment projects the Program for Results Financing principles. Technical are not properly identified, staff at PIU and other implementing institutions will be mitigated, and monitored. required to have training on the system. • Adequate identification of social impacts for the projects and consultations of all relevant stakeholders. • Ensure that the appropriate social development officers at the regions and national levels review the project ESIAs or Project Reports. • ESMPs measures are incorporated into the bidding and contract documents on time. • Program ensure that adequate resources are allocated for monitoring and supervision of the ESMPs or ongoing works • Due diligence measures related to environmental and social issues will be part of the capacity building component of the program Environment and Social • Construction • Ensure that qualified environment and social risk Risk Management Systems and management focal persons are appointed or recruited to Significant at National and Regional Operation the program by each Region. Levels • Training of the Regional and Local Government Authority Weak environment and. officials on the environment and social risk management, including Ward Levels • Encourage Program peer to peer learning on the management of social and environmental risks. • Ensure coordination of environmental and social expertise at the different levels 59 Risk/Impact Description Phase Risk/Impact Management Risk Rating Environmental • Construction • The Program ensure proper and timely identification and Moderate degradation due to management of environmental risks disturbance; Staffing and skills mix is • Construction • The Program will assess capacity needs of staff for insufficient to handle environmental and social management and ensure that all Significant environmental and social necessary staffing is available with adequate skills; and management issues appoint focal points for Environmental and Social for monitoring and implementation of the ESSA. The Program will be incentivized to provide adequate resources to environmental and social management. • Training on costing, implementation and monitoring of environmental and social actions and the Grievance Redress Mechanisms will be included in capacity building program. Lack of technical • Planning • The Program client team will include an environmental expertise to assess and social focal point in MoEST as part of the program Moderate performance of the ESSA coordination team and in PO-ALG with counterparts in all proposed environmental participating LGAs. and social risk management actions • MoEST in collaboration with PO-RALG and NEMC will ensure that ToRs and contracts for contractors if applicable under the Program incorporate environmental and social management clauses as needed. Inclusion • Planning • Mapping of all key stakeholders and create a project Significant Risk of exclusion from stakeholders’ database consultations for • Stakeholder engagement plans to be developed, financed, vulnerable groups, VMGs, and implemented that will ensure that men and women and women from VMGs are consulted. • Ensure that marginalized in the project areas benefit from the program. 60 Official Use Risk/Impact Description Phase Risk/Impact Management Risk Rating • Ensure disadvantaged groups are well/adequately represented and their needs/ideas/views are incorporated. • Elite Capture • Planning • Minority groups that include VMGs, women, and people Moderate During the project living with disabilities to be members of the Ward Level selection process at the Selection Committees LGA and Ward levels • Development and implementation of a stakeholder engagement plan that ensures that all the vulnerable groups and VMGs are consulted fully. • Develop a Grievance redress mechanism that is effective and accessible to all community members. Occupational Health and • Construction • Program shall incorporate in the sub-project bidding and Significant Safety: Occupational and contracts strict clauses for OHS for implementation by the health and safety measures Operation contractor and possible enforcement. are poorly implemented • The program will be required to collaborate with the and monitored. Occupational Safety and Health Authority (OSHA) to improve the implementation of occupational health and safety issues of the sub-projects. • Incorporation of best international practices and guidelines on EHS such as WBG EHS Guidelines Resettlement Action Plan: • Planning and • Eligibility criteria for resettlement and compensation Moderate RAPs that do not meet the Operation consistent with the Bank’s Program for Results Financing Core Principle 4 and in line will be included in the operation manual and included in with ESS 5 training for BOOST. • Land acquisition and Resettlement will only be carried out for subprojects that have developed and implement Resettlement Action Plans. The procedure on land 61 Official Use Risk/Impact Description Phase Risk/Impact Management Risk Rating acquisition and resettlement will be clearly outlined in the Environment and Social Risk Management Procedures. • Proper documentation of the Voluntary land donation or user permit process for a project that will be implemented in areas where land is under customary rights. • Application of the willing buyer and willing seller method as an option for land acquisition, only where acquisition is not site-specific. Loss of Income and Project • Preparation of a Resettlement Action Plan Minimal Livelihoods: Risks of loss of Implementation • Compensation plans to show evidence of consultation, income and livelihood for consensus, and availability of funds for compensation. project-affected people due to land acquisition, resettlement, and compensation Consultation and Public Project planning/ • The program will undertake inclusive, culturally- Significant Consultation: Inadequate implementation appropriate on-going consultations with stakeholders and or no consultations are and Completion a training program will be developed for implementers. held for specific • Consultations process between MoE and communities subprojects. shall be aligned with Regional, District and Ward development plans and processes Labour Influx: Social Construction • The program will undertake a risk profile of the labour Moderate conflict and/or increased stage influx and GBV risk assessment, which will govern the risk of GBV, crime due to requirements for mitigation measures, and to be part of labour influx the contractual obligations during program implementation. Grievance Redress • The program will carry out dissemination and awareness- Moderate Mechanisms: There are raising activities amongst the implementing agency/ies 62 Official Use Risk/Impact Description Phase Risk/Impact Management Risk Rating some formalized complaint and the Ward/Regions on the grievance redress mechanisms at the local mechanisms for the subprojects. Wards and LGA levels, but • All sub-projects will develop and implement a GRM their effectiveness is • As necessary, funds Results Area 1 (ii) will be used for this hampered by lack of process. awareness , • Lack of capacity for The Program has assessed the environmental and social Significant Planning environmental and social Implementation capacity for undertaking environmental and social risk management: Capacity and management and recommendations are proposed in the gaps (staffing and skills operationalization action plan. mix) at NEMC, MoE, and • The program to have separate Environmental and Social Local levels may lead to Safeguard specialists at National Level and the same at weak planning, LGA levels to support the E&S risk management. implementation, and monitoring of environmental and social management plans of the investments. Budget Allocation: Planning and • The Governments will be incentivized to provide adequate Significant Inadequate budget implementation resources for environmental and social management as a allocated to environmental performance is a minimum condition to achieve the and social management, program objectives and access the BOOST grants. including compensation • Training on costing EIA/ESIA and resettlement payments, execution of compensation will be included in the capacity building awareness programs and program. supervision of activities. • Various school programs trainings on HIV, Gender and waste management be included in the capacity building program during budgeting. 63 Official Use Risk/Impact Description Phase Risk/Impact Management Risk Rating Audit: Annual Performance • • Terms of Reference for annual capacity and performance Low Audit does not include assessment will ensure adequate and appropriate skills technical expertise to are present to assess environmental assess environmental and • and social management systems and performance social management performance Monitoring and Planning, • TORs include the necessity of having a framework to Evaluation: Implementation follow up periodically to track the progress of impact stages identified. Indicator tracking does not include tracking of Impacts and progress of implementation. Approval Process: • • Bottlenecks in the approvals process of EIA/ESIA will be Low Environmental and further defined during program preparation. resettlement Consultations with relevant authorities (NEMC, Min of compensation approvals Lands etc) to streamline approvals processes while processes delay project maintaining oversight. implementation. • Preparation of the Project Reports (PR) or ESIA be part of the designs of the sub-projects Education system lacks mechanisms or institutional processes to promote ethical and inclusive behavior by teachers and administrators and to sanction violence, abuse and mistreatment of vulnerable groups including teenage children at risk of drop out, pregnancy, violence etc. 64 Official Use 5 CHAPTER FIVE: INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL SYSTEMS IN TANZANIA 130. This chapter presents the institutional framework for management of environmental and social systems as relevant to the project. On the overall, management responsibilities for these systems rest upon different functionaries, located in a semi-hierarchical structure but which has considerable decentralized mandates and responsibilities, from the national level to grassroots structures at the Mtaa and Village levels. These responsibilities are provided by the Environmental Management Act (EMA) (2004), which also guides the implementation of the environmental management activities in Tanzania. The structure is depicted in Figure 5.1. 5.1 Institutional responsibilities for environmental systems 5.1.1 The Vice Presidents Office (VPO) 131. The Vice President’ Office has the overall mandate to oversee environmental issues. The Minister responsible for environmental affairs namely (Waziri wa Masuala ya Muungano na Mazingira) is under the Vice President’s Office (VPO). The Minister is responsible to issue guidelines and regulations relating to the environment, including the articulation of policy guidelines for its promotion, protection and sustainable management, and designate duties to relevant entities. These responsibilities are provided by the EMA Cap.191 Section 13. 132. The EIA and Audit Regulations (2005) mandate the Minister for environmental affairs the responsibility for approving development projects, through the issuance of a decision letter/EIA Certificate. The Minister may delegate responsibility for EIA authorisation to the Director of Environment, LGAs and Sector Ministries. 5.1.2 Division of Environment DoE 133. The Division of Environment (DoE) is led by the Director for Environment which is under the Minister responsible for Environmental Affairs (VPOs) is delegated by EMA, Cap. 191 Section 14 to coordinate, advise, assess, monitor and report on environmental related aspects and activities in the country. The Division is responsible for coordinating environmental policy, the EMA and EIA Guidelines; approving, signing and issuing Environmental Certificates; advising government on all environmental matters; enforcing and ensuring compliance with national environmental quality standards; and, providing policy direction and leadership on all matters, particularly those relating to hazardous waste management under the EMA. 134. The Director of Environment advises the Minister for Environment for approval of environmental assessment reports (e.g., environmental impact statements (EIS) and environmental audits) for development projects. 5.1.3 National Environmental Management Council (NEMC) 135. The NEMC is a corporate body was established under EMA (2004) Section 161 as a corporate body is has the mandate for enforcement, compliance, review and monitoring of EIAs, including the facilitation of public participation in environmental decision making. Its roles and responsibilities are stipulated under the EIA and Audit Regulations (2005) which include: ▪ overseeing the undertaking of EIA for new development projects, including project registration, approval of the terms of reference and review of the EIA ▪ environmental audit ▪ environmental monitoring and reporting. 136. NEMC has five key divisions each on the relevant aspects of environmental management (Compliance and Enforcement; Environmental Impact Assessment; Environmental Information, Communication and 65 Outreach; Environmental Planning and Research). NEMC is also mandated to establish officer and appoint officers across the country to further its responsibilities for environmental management more effectively. 5.1.4 National Environmental Advisory Committee (NEAC) 137. The NEAC was established under EMA Section 11 to advise the Minister responsible for Environment and other sector ministries on environmental matters. For this project the NEAC are responsible for advising the minister or sector ministry on the protection and management of the environment based on the EIS environmental standards, guidelines and regulations pertinent to environmental protection 5.2 Cross-sectoral Advisory Committee 138. Section 22 of the EMA (2004) provides for the establishment of a Cross-sectional technical Advisory Committee 5.2.1 Sector Ministries 139. Sector Ministries in the country are required under EMA Section 30 to establish Environmental sections which are responsible for implementing and reporting all sector-specific environmental matters. These sections are also obliged by the EIA and Audit Regulations (2005) to participate in relevant cross-sectoral advisory committee for reviewing EIA, reviewing and verifying audit reports, monitoring ongoing projects, and preparing and submitting monitoring reports to the NEMC. 5.2.2 Regional Secretariats 140. The regional secretariat was established under Part II, Section 10 of the Regional Administration Act, 1997. The secretariat assists the regional commissioner. Sections 34 and 35 of the EMA confer additional roles to the regional secretariat to coordinate all environmental matters within a region and, through a regional environment management expert, to advise LGAs on implementation and enforcement of EMA requirements 5.2.3 Local Government (Council-level) Environmental Management Committees 141. Local Government authorities (LGA) at the Council llevel (City, Municipal, Town and District councils) are obliged by section 36 (1), (2) of EMA (2004) to designate an Environmental Management Officer (EMO) and to form Environmental Management Committees. The EMA 2004 delineates the roles and functions of officers and committees for environment management at the level of local government administration. LGAs are to appoint an environment management officer to oversee day-to-day management of environmental aspects in collaboration with city, municipal or district environment management committees. The functions of the EMO are to: i. Advice the environmental management committee to which he/she belongs on all matters related to the environment. ii. Promote environmental awareness in the area he/she belongs on the protection of the environment and the conservation of natural resources. iii. Monitor the preparation, review and approval of Environmental Impact Assessment for local investments. 5.2.4 Ward, Mtaa (Sub-Ward) and Village Environmental Committees 142. The responsibilities of these committees formed at the grassroots level include; enforcing the principles of EMA (2004) at local level; reporting on the state of the local environment including making investigations, mediating conflicts related to environmental matters and intervening in the case of a with respect to environmental quality. 66 Official Use Figure 5-1 Institutional Set Up for Environmental Management in Tanzania Mainland Vice President’s office Division of Environment (DoE) National Environmental Nat. Environmental Managt Committee Advisory Committee Regional Secretariat Reg. Environmental Sector Ministries Management Experts Environmental Units Council level EM Committees Municipal District City Council Town Council Council Council Ward Environmental Management Committee Mtaa (Urban Sub-ward) Village EMC EMC 67 Official Use 143. As illustrated in 68 Official Use Figure 5-2, the national EIA procedure requires the following steps: ▪ Registration – by proponents to NEMC for assessment ▪ Screening - for making decisions on further environmental and social considerations (the process is outlined in Fig 2 below) ▪ Scoping - for identification of key issues to guide an ESIA ▪ ESIA – which will also include an environmental and social management plan ▪ Review – by the Technical Review Committee (TRC) comprised of all project relevant technical persons. If needed, the TRC process may require a public hearing process ▪ Environmental decision-making which entails permissions (or refusals if need be) for development of the project. ▪ Project Implementation ▪ Environmental audits: - for monitoring and auditing for verification of compliance, impacts, and feedback ▪ Decommissioning: end of project life – the report which is submitted to NEMC 5.3 Responsibilities during registration and screening 144. In the screening process, the Regulatory Authorities (NEMC, the District, Municipal or Town authorities) that is charged with the mandate of overseeing the implementation and execution of EIA is responsible for the following: ▪ Issuing registration forms for the proposed project ▪ Availing technical advice on procedural requirements, policies and regulations. ▪ Screening all proposed projects (public or privately owned) ▪ Preparing and issuing screening reports to the developer 145. Compliance and reporting is obliged to the project proponent in terms of Securing and filling in the Registration forms accordingly and timely; availing all relevant information about the proposed project as requested by the regulatory authority according to section 87 (3 &4) of EMA 2004, and subscribing to all fees associated with EIA process 5.4 Summary: Overall Project Compliance and Reporting 146. The stages and institutional responsibilities for the screening, preparation, assessment, approval and implementation project activities as illustrated below in 69 Official Use Figure 5-2 depict the overall relevant compliance and reporting processes for environmental assessment and screening. 147. NEMC and the Minister for Environment remain with the overall institutional responsibility for checking environmental and social risks and required permits. 70 Official Use Figure 5-2 Environmental Assessment Process in Tanzania Registration (Proponent) Screening Preliminary (NEMC) Assessment (Proponent) Impact assessment (Proponent) Review Public hearing (NEMC) [Public action] EIS Revision Recommendati (Proponent) on (NEMC) Permit EIS finalized (Proponent) declined (Minister) Permit Issued (Minister) Implementation (Proponent) Monitoring (Proponent) Auditing (NEMC) Decommissioning (Proponent) 71 Official Use Figure 5-3 Screening process in Tanzania Project Registration Schedule 3: May or may not Schedule 2 Full EIA require EIA (EIA is mandatory) Information is not No serious Located in enough to determine impacts Environmentally extent of Impacts Sensitive Area Undertake Preliminary Impact Contradicts laws or serious Assessment adverse impacts cannot be Reject the managed project Exempt from EIA (rare cases) Not potential Potential serious serious adverse adverse impacts impacts determined Determined Provide conditional Environmental Permit 72 Official Use 5.5 Institutional arrangement for Social systems in Tanzania 5.5.1 President’s Office Regional Administration and Local Government (PO-RALG) 148. The Ministry, President’s Office – Regional Administration and Local Government (PO-RALG) which until recently was under the Prime Minister’s Office was created by Government Notice No. 494 of 17 December, of 2010. This Ministry is mandated for formulation, monitoring and evaluation of Decentralization by Devolution (D-by-D), Rural and Urban development policies and their implementation. Other responsibilities include: ▪ Overseeing that quality provision of services is given by Regional Administration and Local Government Authorities ▪ Administration of Social, Economic and Productive Sectors ▪ Administering good governance and accountability that will contribute to poverty reduction and National economic growth. 149. Among the several divisions under the PO-RALG is the Core Division of Education Administration Division which has four sections, Pre-primary and Primary Education, Secondary Education, Adult Education and Special Needs Education. Through this division, the PO-RALG is mandated to coordinate and supervise the delivery of Pre-Primary, Primary, Secondary, Adult and Non-formal and Special Needs education services; 5.5.2 Ministry of Health, Community Development, Gender, Elderly and Children (MoHCDGEC) 150. The MoHCDGEC is responsible for formulation of policies, strategies and guidelines to promote community development, gender equality, equity and children rights. Of direct relevance to the project is the Directorate of Child Development (Idara ya Maendeleo ya Mtoto). 151. The overall objectives and responsibilities of this Directorate is to ensure that the rights of the children for survival; development, protection, Non-discrimination and participation are well known and implemented with all stakeholders from family level for the well being of the children. Among its specific functions include: ▪ To coordinate the implementation or compliance to policies and legal statues such as the Law of the Child Act ▪ To develop programs and learning materials to educate children, parents/care givers and communities on the importance of investing in early childhood care and development, girl’s education skill development and participate full on campaigns to end violence against children; ▪ To develop and coordinate National Plan, strategies and monitor implementation of programs addressing campaign to end Violence against children; ▪ To coordinate monitor and evaluate formation of Junior Councils to ensure child participation programs are implemented as per guiding principles from grassroots to national level; ▪ To monitor and evaluate the Child Help Line No. 116 to enable children and other stakeholders participate in providing information on all actions which violate children rights at home, school and in the community. 5.5.3 Tanzania Commission for AIDS (TACAIDS) 152. The mission of TACAIDS, under the Prime Minister’s Office is to provide strategic leadership and to coordinate the implementation of a national multi-sectoral response to HIV/AIDS leading to the reduction of further infections associated with HIV. 73 Official Use TACAIDS is mandated to coordinate all activities related to the management of the HIV/AIDS epidemic in Tanzania as per National Strategy. Some of its functions include promoting behavior change and voluntary counseling. 6 SECTION VI: PROGRAM INSTITUTIONAL CAPACITY AND PERFORMANCE ASSESSMENT IN MANAGING ENVIRONMENTAL AND SOCIAL RISKS 153. This section analyses the implementation related to the performance of key implementing institutions/agencies associated with the environmental and social legal/regulatory framework for the BOOST program. The section also highlights the challenges of the institutional framework along with an assessment of their current capacities. The section then goes on to analyze the processes of planning, monitoring, and decision making in the program, the strategy adopted by the country, and the current grievance redress systems in place; all from an environmental and social perspective. 154. The ESSA team assessed the quality and efficacy of the environment and social management system, particularly focusing on institutional capacity, structure, practices, procedures, mechanisms, and effectiveness of implementation at the National and Local Government Authorities (LGA) level. Consultations with Environmental Management Officers at LGAs visited were done to understand their program administration, planning, and design, implementation, and monitoring functions within the LGAs. The team also consulted NEMC head office to understand their role in the implementation of this program. The assessment was reviewed based on previous engagements of the systems at national and LGA levels, and their performance records on PforR projects funded by WB. 155. This assessment indicates that there is a robust environmental management system, as it exists and designed at the national level, but weak at the LGA level. The assessment noted the overall social risk management systems are scattered and weak at both the national and LGA/local levels. However, there is unevenness in the implementation of environmental and social risk mitigation measures, which can be traced to either lack of capacity and technical knowledge, especially on social issues, for effective implementation at the national and LGA/local levels. Therefore, implementation of the environmental and social systems for BOOST will largely rely on capacity building at the national and LGA levels for personnel that will be involved in program implementation. 6.1 National Environment Management Council (NEMC) 6.1.1 Policy and Legislative Framework Support 156. In Tanzania, the Environmental Management Act (EMA) Cap. 191 (2004) is a framework Act in that it is the legislation governing environmental aspects in Tanzania. Institutionally, it empowers the Division of Environment (DoE) and the National Environmental Management Council (NEMC) to oversee environmental management issues and to take the lead in environmental compliance aspects within the auspices of the Vice President’s Office (VPO). While the DoE is mandated to review and oversee Strategic Environmental Assessment (SEA) of policy, programs and plans; NEMC is mandated to screen and to 74 Official Use review projects and undertakings to decide whether they need to undertake Environmental Impact Assessments (EIAs) and prepare Environmental Impact Statements (EISs). 157. Several regulations and guidelines have also been prepared by the DoE and NEMC including EIA/EIS regulations, which are aimed at ensuring that projects are subjected to environmental analysis to determine likely adverse impacts before commencement. NEMC is mandated by the EMA Cap. 191 (2004) to commit resources and implement actions necessary for effective environmental and social management. 158. NEMC is charged with enforcing EMA’s provisions which include providing for a legal and institutional framework for sustainable management of the environment, prevention and control pollution, waste management, environmental quality standards and public participation. Furthermore, it gives NEMC mandates to undertake environmental enforcement and compliance; review and monitoring of environmental impacts assessments; research, facilitate public participation in environmental decision- making, raise environmental awareness and collect and disseminate environmental information. Thus, NEMC’s main task is to review and recommend for approval of environment impact statements; identify projects and programmes or types of projects and programmes, for which environmental audit or environmental monitoring must be conducted under this Act; enforce and ensure compliance of the national environmental quality standards; and initiate and evolve procedures and safeguards for the prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur. 159. NEMC has extensive experience in environmental assessment and management capacity (including monitoring and enforcement) as provided for by the EMA. DoE and NEMC have coordinated the development of several regulations and guidelines that are relevant for this program including; • Strategic Environmental Assessment • Environmental Impact Assessment and Audit • Registration of Environmental Experts • National sand harvesting guidelines • Hazardous Waste Control and Management • Noise quality • Water quality standards • Air quality standards • Soil quality standards • Solid waste management 6.1.2 Organization and Program Structure 160. The National Environment Management Council (NEMC) was established in 1983 when the Government of Tanzania enacted the National Environment Management Act No. 19 of 1983. NEMC was established with a broad mandate, largely advisory, in response to the national need for such an institution to oversee environmental management issues and also implement the resolutions of the Stockholm conference (1972), which called upon all nations to establish and strengthen national environmental Councils to advise governments and the international community on environmental issues. The enactment of Environmental Management Act No. 20 of 2004 (EMA, 2004) by Parliament in October 75 Official Use 2004, repealed the National Environmental Management Act No.19 of 1983 and re-established NEMC with more enforcement powers. NEMC has established zonal offices in the country which include the Central Zone; Eastern Zone; Lake Victoria Zone; Northern Zone; Southern Zone; Western Zone and Southern Highlands Zone. The council is headed by the Director General. 161. NEMC has not established offices at the Regional, LGA and Ward levels. To fulfill its functions NEMC works through linkages to institutions established by the EMA at different levels including environment units in all ministries, environmental management offices and environmental committees at the regional, district and village levels. Within each ministry, it is the Environmental Section’s responsibility to ensure that environmental concerns are integrated into the ministry’s developmental planning and project implementation in a way that protects the environment. 6.1.3 Human Resources 162. The NEMC officers at the head office and zonal offices are well qualified and possess the requisite skills necessary for ensuring environmental assessments (i.e. ESIA, Audit ) are compliant with regulatory requirements. However, certain areas are large in terms of landmass and this limits the capacity of NEMC to supervise all on-going projects and enforce compliance through on-site monitoring. NEMC officers, therefore, focus mostly on the review and monitoring of high-risk projects at the expense of other projects. Yet, low to moderate projects could have sizeable adverse impacts, e.g. a small waste disposal site. Moreover, the combination of a number of small developments in one area can lead to potential cumulative impacts, each contributing to a part of the overall harm to the environment. 163. NEMC’s lack of sufficient resources creates a situation where projects with possibly huge impacts on the environment are not regularly supervised or monitored to ensure that they are complying with license obligations and regulations, or implementing mitigation measures. In the end, monitoring is often left to self-monitoring by the proponent of a project with little oversight from NEMC independent view particularly at LGAs and other lower levels. 164. Where established Environmental Units at sectoral level and offices at district level are the collaborating partners in the EIA process. The linkages between NEMC and the sectoral environmental units and district offices are legally binding to ensure clear lines of command to facilitate effective implementation. However, some of the units are not operational and others have not undergone training and capacity building on how to manage environmental issues in the their areas of jurisdictions. 6.1.4 Budget Resources/Financial Capacity 165. For many years NEMC’s budget was dependent on the government treasury, but in 2015, the government directed NEMC to focus on raising and utilising income from its own sources to cover its expenses, except costs for Personal Emoluments (PE). Therefore, the council has taken several measures to expand opportunities of revenue collection. However, the inadequate funding has remained to be a challenge to NEMC. With the minimal annual budget, NEMC fails to fully carry out its auditing and monitoring mandate. 6.1.5 Capacity Building Recommendations 166. The assessment has established a limited awareness of the sector ministries, LGAs, and the public of their role and responsibility in implementing EMA. Accordingly, A comprehensive capacity-building and awareness-raising campaign targeting sector ministries, LGAs, and government institutions on their roles 76 Official Use and responsibilities under the EMA in environmental management, enforcement, and compliance is highly recommended I . 6.2 Occupational Safety and Health Authority (OSHA) 6.2.1 Policy and Legislative Framework Support 167. OSHA was set up in 2001 under the Ministry of Labor and Employment to administer occupational health and safety at workplaces in the country. The role of OSHA is to improve health and safety (wellbeing) of workers and workplaces by promoting occupational health and safe practices in order to eliminate occupational accidents and diseases, hence achieve better productivity in the workplaces. 168. The Ministry of Labor and Employment is the main actor with the oversight role of ensuring that decent work is practiced and maintained in Tanzania. It provides directives, technical advice, enforces legislations, proposes amendments, allocates resources, oversees all activities carried out by OSHA and ensures that occupational safety and health rules and regulations are adhered to and maintained at workplaces. 169. In fulfillment of its responsibility of identifying hazards at workplaces and assessment of risks with a view of preventing accidents, diseases and damage to property, the Authority will play a key role in the BOOST by inspecting and auditing of workplaces to promote best practices and ensure compliance with safety and health standards as set out in Occupational Health and Safety Act, 2003 and its subsidiary legislations. 6.2.2 Institutional Capacity and Resources 170. The department is represented in 6 zones across the country which are coastal zone, Northern Zone, Lake zone, Central zone, Southern highlands zone and Southern zone. The officers at these zones are qualified and possess the requisite skills necessary for managing health and safety risks. However, the offices are understaffed, with the capacity assessment findings revealing that most officers are not able to cover their regions within the zones as required. The officers are also not given enough resources (including budget) to cover the wide regions assigned. This has made it difficult for the staff to enforce and monitor the health and safety requirements as per the OSHA and WB requirements, especially for infrastructure projects. 6.2.3 Capacity Building Recommendations 171. The assessment has recommended close collaboration with social partners and the Program to support LGAs on OHS risk management and national OSHA requirements. Also, the Program will work and sensitize workers, employers and general public at large to enhance their understanding and role in the Program. 6.3 Local Government Authorities (LGAs) 6.3.1 Organization and Program Structure on Environmental Management 172. LGAs role under the BOOST program will be to review and clear the environmental and social management process, required of the School Committees, prior to funding any construction or civil works 77 Official Use program. LGAs have established multi-sectoral Environmental Management Committees, and the District environmental Officer is in charge of environmental aspects within the LGA. 173. LGAs maintain Environmental Management Committees the membership of which typically consists of heads of departments responsible for planning, natural resources, agricultural and livestock and water: a. District planning officer, who coordinates the planning process; b. District natural resources officer, who manages the development of natural resources/forestry, wildlife, beekeeping, fisheries, and so forth; c. District agricultural and livestock development officer, responsible for land use and management; d. District water engineer; e. District health officer; and f. Co-opted members (depending on nature of project). 174. The Committees are supported by a designated or appointed Environmental Management Officer, employed by the District LGA but linked to and trained by NEMC, and having these main functions: i. Issuance of ESIA registration forms to developers and operators and provision of information on relevant policy, legal, and other administrative requirements at the district level; ii. Coordination of the ESIA process at the district level as needed; and iii. Linkage with NEMC on all undertakings within the district. 175. Through other Bank-funded PforR programs, the majority of the LGAs have nominated the environmental and social safeguards focal points to support the management of environmental and social risks and impacts for the projects implemented by the LGAs. 176. School Committees or School Boards. The School Management Committees (for primary schools) or School Boards (for secondary schools) are responsible for: a) Complying with all national laws regarding the environment and with all social/poverty guidelines, parameters and targets; b) implementing school construction program with all appropriate mitigation measures as defined in the construction planning cycle, technical and engineering designs and drawings, and civil works contracts, etc.; and c) ensuring that these mitigation measures are complied with during construction and post construction (i.e. operations) stages of their activities, by self-monitoring of their activities and by periodically reporting to LGAs; and maintaining an adequate budget to implement the appropriate maintenance procedures However, School Committees may not have adequate capacity to monitoring safety requirements for civil works, which may compromise the quality of structures. 6.3.2 LGAs Institutional Capacity 78 Official Use 177. The District Environmental Management Officers (DEMO) and at some areas the Ward Environmental Management Officers (both employed by LGA) are fairly qualified and possess the requisite skills necessary for ensuring the management of environmental impacts for projects. The DEMO possess undergraduate and postgraduate qualifications in the environment and natural resources with practical years of experience. The District Environment Management Committees whose members’ heads different other departments of the LGAs also possess underground and postgraduate degree though not necessarily from the environmental specialty. Members of environmental committees at District, Ward and Village levels, where they exists and /or are active are drawn from the respective Councils and are mix of people of different education backgrounds and levels. The key challenges of environmental management at LGAs and ward and village levels are (i) weak and insufficient institutional and technical capacity; (ii) inadequate resources, including human resources, technology and equipment; (iii) inadequate training, monitoring and enforcement; and (iv) weak inter-institutional and coordination between the various related agencies. This has made environmental management activities to be weak in some areas, such as systematic inspection, monitoring and enforcement. 178. The focal points for Bank-funded PforR programs have undergone training carried out by the respective Project Implementation Units (PIUs), the World Bank, and NEMC on the environment and social safeguards and have acquired necessary competencies to manage, supervise and monitor the environmental and social risks on a project implemented by the LGAs, including handling tasks such as the EIA process. 179. However, the personnel are still not enough to support the management of environmental issues, ensure compliance of environmental regulations, and provide the required support to new and on-going projects being implemented by the LGAs. 6.3.3 LGAs Budget Resources/Financial Capacity 180. The average annual budget allocation for the environment department in the LGAs is quite minimal. The environmental and social management units at the LGAs level are not adequately supported through budgetary allocations and provision of necessary facilities, equipment, and supplies and there is a need for supplementary support for the same. 181. At LGA levels, funds allocated to the environmental activities are limited given the inefficiencies in levy collections and low prioritization of environmental issues. 6.3.4 Environmental Capacity and Performance Assessment Preparation and Implementation of the Environmental Social Impact Assessment (ESIA) 182. PORALG through their LGAs is responsible for implementations of infrastructure-related projects have been or are being executed by other Ministries such as Ministry of Education (MOEST), Health, and Water. Most of these projects have not prepared the necessary instruments such as the ESIA to comply with relevant LGA systems and procedures due to poor planning, inexperience, and sometimes lack of awareness. The LGAs also indicated that the implementation of environmental aspects of projects is weak due to poor coordination and transparency between different sectors within the LGAs that are responsible 79 Official Use for the role of enforcement and compliance. It was also noted that the bidding/contract documents do not include ESHS clauses thus it is impossible to enforce compliance during implementation. 183. Although the LGAs have been made aware of the national environment framework requirements through training, the main environmental risk to the program is related to non-compliance by LGAs not preparing the environmental and social impact assessment reports i.e. the ESIA and ESMP for the proposed projects, and commencing civil works without the relevant assessments and approval licenses as required by the national environmental framework as well as eligibility criteria identified in the PAP. 184. The other risk has been political interference on the execution of the projects, where the administration put development first, with compliance on environmental issues lagging. Based on experience from other PforR projects, the major risk is the seriousness and commitment by the LGAs to supervise and monitor the actual implementation of the environmental safeguards. Public and Worker Safety 185. The LGAs indicated they have no procedures and documentation in place for the management of the Occupational Health and Safety (OHS), with no specific department charged with the supervision and compliance on OHS issues. The LGA depend on the National Construction Council (NCC), ERB and CRB to oversee the training of contractors and quality assurance on specific project sites. Also, NEMC does not support the LGAs in ensuring compliance of the contractors as per the ESMP at the project sites. 186. Experience from ongoing PforR projects has widely shown non-compliance in the areas of occupational health and safety for the workers on many sites visited across the LGAs. The workers were found to have inadequate and proper PPEs, and site safety was a concern due to poor protection, especially against falls for those working on heights. Although the LGA safeguard teams are sensitized on the need to supervise the sites often, and to ensure the contractors adhere to the occupational health and safety of the workers, poor compliance in this area is a big risk to the program. 187. Due to capacity problems, monitoring and enforcement by OSHA are mostly missing throughout the LGAs, with many active construction sites not being registered or visited by an officer as required by the national framework on safety. 6.3.5 Social Capacity and Assessment 188. A detailed analysis of the Tanzania regulatory system shows that the social management systems are not as well developed as those for environmental management except in the context of land acquisition and issues related to gender inequality. Although the LGAs have Community Development and Social Welfare Departments, the social management is usually handled by individual ministries/departments executing the projects, with minimal involvement of these two Departments responsible for welfare aspects. The understanding of social aspects and management is however limited, poorly integrated and not well understood in comparison to the needs of the PforR principles. Land Acquisition and Involuntary Resettlement 189. The normal practice in any public development project in Tanzania context is for land to be contributed by either the Local Government Authority or the community and land has not been a constraint in the past. In this program the focus will be on rehabilitation and operationalization of existing 80 Official Use school infrastructures but there will also be limited land acquisition or land take for small infrastructural activities. Most of these activities will have very small footprint of land take with the exception of few such as surface water collection/earth dams and check dams that may require relatively larger sizes of land. Where land appropriation and resettlement become necessary, the program would follow Government of Tanzania guidelines as well as known good practices such as; (i) Direct purchase of land, (ii) Voluntary land donation by local authorities with supporting documentations, (iii) Land acquisition following the Land Acquisition Act of 1967. These guidelines and other known good practices will also be included in the verification of DLR 1.2 which requires LGA infrastructure improvement plans and will be included in the PAP of the program and in the POM. Experience from the past shows that screening of projects is conducted for social and environmental impacts where mitigation measures and monitoring and reporting need to be strengthened. In cases where that land is donated, tenure security for the land and absence of uncompensated impacts on third party livelihoods shall be confirmed . Proper documentation of the terms and conditions of donation will be done to ensure the stability of the community owned facilities. Social Conflicts and Management 190. Conflicts/complaint management mechanism is an important part of any development activity involving various players. Experience of such projects in Tanzania shows that conflicts usually arise when there is poor communication and consultation. If not addressed, weak, delayed or impractical conflict management and resolution mechanism may upset the expected outcomes. The effectiveness of existing grievance redress mechanisms at School, village, ward and district levels shall be strengthened. Coordination of multiple actors at the lowest level, consultative process and putting information in the public domain and periodic monitoring and feedback will minimize grievances. Strategic communication efforts and inclusive participatory mechanisms with government, private service providers, non- government and community based agencies at various levels will be encouraged for this purpose. Buy in of other actors is essential. Vulnerable Groups 191. The LGAs indicated that they consider the women, girls, youth, and disabled persons as a category of vulnerable and marginalized groups and have initiated special targeted opportunities in employment and businesses. However, there was a lack of appreciation in ensuring that minority groups who lack political representation and economic power within the LGAs are able to participate or access the social and economic benefits of program. Procedures for identifying and consulting vulnerable groups and provisions for ensuring equitable access to services should form part of the service provision and tariff setting guidelines by the program. Public Participation Citizen Engagement, and Grievance Redress Mechanisms 192. As part of the ESIA and other legislative process, the NEMC and LGAs have a formalized mechanism for public participation at the Ward level in the budget preparation and other related development activities. Through other WB funded projects, the LGAs have started formalizing and documentation of public participation, citizen feedback mechanism, and grievance redress mechanism that enable the citizens or project-affected persons to channel their grievances. However, more capacity building is needed in these areas to strengthen these systems. This will allow such a participatory 81 Official Use approach to take root right from planning, through monitoring the expected results and decision making for improvements and needs to be deliberately encouraged as opposed to passive ordinary community involvement. GBV, SH and SEA 193. The risk of GBV and/or SEA is often high in the context of influx of workers/newcomers to a community. In the case of the BOOST projects however, Project contractors are expected to be local, and the civil works expected to be moderate. The School committees, School Counsellors and the GRM at school level should be trained to enable them to address any incidences of GBV, SEA or child abuse. On the other hand, LGAs should be supported to build capacity of GBV risk identification and mitigations. The training will include specific components to address the rules, behavior and follow up systems with respect to teachers and school administrators, including a policy, codes of conduct, sanctions and community awareness. The project will also prepare a GBV Action that will work hand in hand with the piloting of Safe School Program. 6.4 Implementing Agency – MoEST 194. The MoEST is responsible for the project. However, there is a gap between MoEST at the national level and the School Committees (formed by parents, local government officials [village and ward] and school management) and who bear the major responsibility in facilitating community engagement in addressing school level environmental and social risks. This gap gives rise to inadequate enforcement of existing standards on quality school facilities, despite the school inspection process. This existing shortcoming in coordination and criteria for monitoring limit the effectiveness of School Committees to supervise standards as well as community engagement in supporting the provision of basic school facilities. A new Government Directive (Letter with Ref No. DC297/507/01/145 dated 27th November 2015 of the PS, PO-RALG seeks to clarify the responsibilities of government on primary education and the roles and responsibilities of different stakeholders in this sector, specifically delineating the contribution of communities which is basically to be in kind. Compliance however will vary due to differences in understanding and capacities in resource mobilization which will have impact on this Program. 195. PO-RALG also has responsibility in overseeing and guiding the environmental and social impact assessment process of all investments under its purview. PO-RALG, with technical guidance from the Bank, has also developed an Environmental and Social Management Procedures (ESMP) to guide the environmental and social impact assessment process of all investments. 6.4.1 MoEST institutional capacity and staffing 196. The Programme Management Unit (PMU) at MoEST has past experience in direct implementation of World Bank-financed infrastructural projects. However, if needs be, it may hire qualified and experienced environmental and social specialists as part of the team to oversee safeguards implementation at the National level and supporting the LGAs. 6.4.2 Budget Resources/Financial Capacity 197. The safeguards personnel at PMU level will require adequate support through budgetary allocations and provision of necessary facilities, equipment, and supplies to monitor implementation of safeguards for the program. 82 Official Use 6.4.3 Environment and Social Capacity and Performance Assessment Preparation and Implementation of the Environmental and Social Impact Assessment (ESIA) The MoEST has in the past been involved with WB funded projects, but mainly on Technical Assistance. However, continuous capacity development will be needed for the PMU to effectively implement environmental and social safeguards. 83 Official Use 7 SECTION SEVEN: ASSESSMENT OF PROGRAM SYSTEM WITH PROGRAM FOR RESULTS FINANCING CORE PRINCIPLES 198. This section summarizes the assessment of the capacity of Program institutions to effectively implement the Program environmental and social management system as defined in various rules, procedures, and implementing guidelines consistent with the core principles of Program for Results Financing. The section assesses the applicability of the core principles, Strengths, Weaknesses, Opportunities and Risks with respect to the policy and legal framework, the institutional context, and existing environment and social management procedures against these core principles. 199. Based on the screening of environmental and social effects of the AF Program, review of the existing national environmental and social management systems, and the potential environmental and social risks to the achievement of the Program PDO, the assessment of environmental and social management systems relevant to the activities supported under the Program for each PforR Bank Policy and respective Bank PforR Directive is presented in the table below, using the Strengths-Weaknesses- Actions approach as adapted and applied to the Program context in the following way: a) Strengths of the system, or where it functions effectively and efficiently and is consistent with the Bank Policy; b) Inconsistencies and gaps (“weaknesses�) between the country’s environmental and social systems and the Bank Policy and Directive, and capacity constraints c) Actions to strengthen the existing system, especially being integrated into the relevant DLRs/DLIs and PAP for the AF Program. Table 7-1 : Environmental and Social Management System Assessment Core Principle 1: Program E&S management systems are designed to (a) promote E&S Sustainability in the Program design; (b) avoid, minimize, or mitigate impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. Bank PforR Directive: Program Systems will: • Operate within an adequate legal and regulatory framework to guide environmental and social impact assessments at the Program level. • Incorporate recognized elements of environmental and social assessment good practice, including (i) early screening of potential effects; (ii) consideration of strategic, technical, and site alternatives (including the “no action� alternative); (iii) explicit assessment of potential induced, cumulative, and trans-boundary impacts; (iv) identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; (v) clear articulation of institutional responsibilities and resources to support implementation of plans; and (vi) responsiveness and accountability through stakeholder consultation, timely dissemination of Program information, and responsive grievance redress measures. Applicability – FULLY APPLICABLE • Core Principle 1 is considered in terms of environmental and social management (ESM) for the sector during implementation the proposed BOOST Program, as a key instrument to establish and strengthen the existing environment and social management systems under the executing agency (MoEST, PORALG) and related implementing teams. The principle becomes more relevant because the Program will include investments in civil works related to construction, rehabilitation, and extension of new infrastructure services which will include classrooms, IT equipment, among others. 84 Official Use • These investments are likely to have physical footprint with a varying degree of environmental and social impacts, though expected to be localized, manageable and temporary, requiring mitigation. • Civil works could potentially generate environmental and social impacts due to raw materials extraction; disposal of e-waste, solid and liquid waste; land acquisition, involuntary displacement and resettlement; GBV/SEA; Child labou; social conflict; communicable diseases (HIV,COVID-19, etc), occupational health and safety for workers, as well as air and water pollution due to construction activities. • Program-related activities will, therefore, be required to undertake environmental and social assessment and implementing measures stated in the Environmental and Social Management Plan/Preliminary Environmental Reports to mitigate adverse environmental and social impacts. STRENGTHS WEAKNESSES • The Government has a solid environmental • The implementation of the existing legal/regulatory legal and policy framework in place to provisions face challenges due to lack of enough and protect, conserve, and mitigate adverse qualified human capacity within the implementing impacts. agency (MoeST and PORALG) and at Regional levels to • The national ESIA system provides a support Environmental and Social Management comprehensive framework for Systems (ESMS) environmental screening, impact • Relevant SRM laws are fragmented across different assessment, and management consistent ministries and departments. with the core principles outlined in • The social risk management systems at the national and Program for Results Financing. However, it Regional level are not well defined, developed, and is weak in social screening and assessment. coordinated. • Existing legislation also helps minimize or • Insufficient capacity building activities on implementing mitigate possible adverse impacts on the agency, regional organizational structures, and regional natural habitats, archaeological sites, and environmental and social officers to ensure compliance cultural resources. to required environmental and social standards during • The country has developed policies and project implementation legislation on public participation and • Poor coordination among the various implementers and social development. inadequate attention to environmental and social • There is also a well-defined policy concerns, particularly at the regional levels. framework to enhance transparency on • Low budget allocation for NEMC, OSHA, Social, Gender, the development projects. Children, Labour Officers (etc), Regional governments • The ongoing EPForR and SEQUIP have for Environmental and Social management. helped to develop project-specific • Poor community involvement and participation in environment and social risk management environmental management and conservation because systems/capacity. These two projects of low environmental awareness and information have sensitized the government on the dissemination programmes. importance of having such systems in • Inadequate local communities’ consultations during place. decision process, especially on the marginalized • The implementing agencies have previous communities/indigenous peoples. experience executing PForR and IPF • Poor facilitation (of resources e.g. transport, office projects with similar scope equipment, communication services, office space, • The Executing Agencies (MoEST and enough human personnel, e.t.c) at the regional/local PORALG) and implementing agencies have levels to conduct monitoring and inspection of experience in implementing similar subprojects subprojects and are familiar with the • The implementation of ESMP is inconsistent due to the processes, procedures and requirements weak capacity of the regional staff. This is as a result of under PForR (and IPF) 85 Official Use poor or no budgetary allocation for the mitigation measures in the bidding/contract documents. • Lack of integrating ESHS clauses as part of the bidding/contract documents which makes it difficult to enhance compliance during project implementation. OPPORTUNITIES RISKS • BOOST has an opportunity to learn from • During projects execution, there is a risk of poor EPFoR and SEQUIP who have put ESRM implementation or mainstreaming of existing systems in place, and this project will promote environmental and social management regulations in peer-to-peer learning between these program guidelines projects. • Addressing the environmental and social management • The implementing partners have been needs and challenges depend on capacity building of sensitized on the need to have ESMS in place the key sector organizations both in terms of human under EPFoR and SEQUIP and are familiar with and financial resources, training, and strong monitoring. requirements in implementing WB funded Poor and inconsistent consultations with the projects Community members and stakeholders in • Development of appropriate guidelines, environmental and social issues identification and screening checklists, technical options, and mitigation. manuals to ensure compliance with • Staffing and skills mix at the National and regional levels environment and social legislation within the are inadequate to handle environmental, social and Program. safety risks and management. • The LGAs have social development officers, health, children officers, environment LEVEL OF RISK – SIGNIFICANT/SUBSTANTIAL officers, among others where the program can reach out to this expertise for support in the management of the environment and social risks • The PIU has an opportunity to build and strengthen Country systems to manage environmental and social risks 86 Official Use Core Principle 2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources (PCR) resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Bank PforR Directive: As relevant, the program to be supported: • Includes appropriate measures for early identification and screening of potentially important biodiversity and cultural resource areas. • Supports and promotes the conservation, maintenance, and rehabilitation of natural habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities. • Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects. Applicability – APPLICABLE • The provisions in Core Principle 2 are considered as part of the environmental and social management assessment process analyzed under Core Principle 1. The Program will not support investments that would either affect or convert critical natural habitats and will avoid the conversion of natural habitat. • The proposed sites under the program will be situated in built-up areas, or deep in the rural areas and away from the rural villages where farm fields, open communal lands, and other territories may adjoin natural habitats, wetlands, or places with unknown physical cultural resources. • Activities funded under the program will not likely generate adverse impact on natural habitats, physical and cultural resources since civil works will only be limited to school areas and confined to a small geographical location. • In addition, the subprojects are expected to have a smaller physical footprint, and therefore preventive approach will be used in siting the proposed infrastructures to avoid adverse impacts on natural habitats and physical resources • Construction of classrooms and disposal of e-waste could pose some risk to natural habitats and if not sited appropriately. STRENGTHS WEAKNESSES • The existing legislation for Tanzania ESIA process The weaknesses identified for Core Principle # 1 apply considers physical cultural resources, includes to Core Principle # 2. screening for archaeological, historical, and cultural Others include; sites to ensure environmental and social • Physical cultural heritages are not well sustainability. documented or exhaustively listed at national and • The assessment incorporates the program design regional levels. and implementation of appropriate measures to • Weak enforcement of civil contracts and laxity in minimize or mitigate possible adverse impacts on monitoring during construction. the natural habitats, archaeological sites, and • Weak capacity to assess the potential impacts on cultural resources, with involvement from strong natural habitats and physical cultural resources. 87 Official Use institutions such as NEMC and National Museums of Tanzania. • Program will exclude subprojects that have adverse impacts on natural habitats and physical cultural resources OPPORTUNITIES RISKS The opportunities and actions identified for The risks identified for Core Principle # 1 apply to Core strengthening the system for Core Principle # 1 apply to Principle # 2. Core Principle # 2. • Inability to screen subprojects and impacts on Others include; natural habitats and PCRs. • Improve the level of awareness on safeguarding • Specific measures to manage impacts on PCRs and threatened habitats and PCRs natural habitats are not included in the subproject • Strengthen the screening procedures to include a cost. checklist to assess whether a subproject has the • During excavation works, known or unknown potential for disturbing and affecting a known physical cultural resources, tangible and intangible cultural or religious site. resources like antiquities, relics of cultural and religious valued resources might not be properly identified and might be affected. • Lack of commitment and resources to implement E & S actions on PCRs as part of the Program Action Plan. LEVEL OF RISK - MODERATE Core Principle # 3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Bank PforR Directive: • Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed. • Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions. • Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events. Applicability – FULLY APPLICABLE • The provisions in Core Principle # 3 are considered as part of the ESIA process analyzed under Core Principle # 1. 88 Official Use • Rehabilitation, construction, and operation of various physical infrastructures under the program will expose the general public, as well as construction workers to risks such as dust, air pollution, noise, water pollution, solid waste, and toxic or hazardous materials at sites during civil works, which directly or indirectly resulted in occupational safety impacts. Therefore, Core Principle 3 is fully applicable to the Program. STRENGTHS WEAKNESSES • The EIA regulation contains robust procedures • Limited capacity and poor supervision to ensure and requirement for worker health and safety, compliance to required national standards requiring plans for accident prevention as well within OSHA and other relevant agencies at the for health and safety of workers and regions communities, which are also part of contracts • Limited capacity in technical personnel, safety for civil works. equipment provision, and budget by • The Government’s standard contract conditions contractors to comply with national for contractors include provisions for public and requirements and international good practices worker safety (for example, regulations on the • Weak coordination among the various use of explosives, provision of barricades at the implementing agencies, and inadequate construction site, use of personal protection attention to OHS concerns, particularly at the gear by workers, disposal of construction debris regional level. and wastewater, preventing the creation of • There is a general lack of awareness on health conditions conducive to disease vectors, etc.). and safety issues, particularly concerning • The country systems have exposure to workplace safety hazards aspects in guidelines/regulations through agencies such as hazard-prone areas, e.t.c OSHA and Contractor Registration Board (CRB) • There is poor maintenance of infrastructures by on aspects concerning the management of implementing agencies after completion, e.g. construction sites, including public and worker stormwater drainage systems. safety risks from construction/operation of • There are weak structures of disposal of facilities. hazardous wastes, especially Asbestos, and • The Hazardous Waste Control and capacity in the private sector is limited to Management Regulations (2009) and the dispose such waste Guidelines for Management of Hazardous Waste (2013) provide detailed requirements on hazardous waste management. OPPORTUNITIES RISKS • Strengthening of Country systems to manage OHS • Systematic implementation of OHS provisions risks requires enhanced awareness in the key sector • Improve awareness and implementation/ organizations and strengthened monitoring. enforcement capacity of implementing partners • Inability to ensure public and worker safety can and contractors on OHS through training and result in physical injuries, including loss of life to the orientations. workers and public at and near construction sites. • Creation of development of good practices and • Lack of enforcement of contracts resulting in non- procedures for (i) construction site management, compliance, accidents, and fatalities at the (ii) post-construction site rehabilitation, and (iii) construction sites. proper disposal of waste and waste management. • Poor enforcement with a penalty for erring • Include worker’s Code of Conduct in contract contractors. documents. • Non-reporting of project-related accidents and • Enforcement of health and safety provisions in the fatalities, and inaction on implementing agencies contract. and contractor. • Update the standard bid documents and contracts to spell out specific OHS measures, where 89 Official Use required, preparation, and implementation of LEVEL OF RISK – SIGNIFICANT Contractor ESMP. • Inclusion of appropriate requirements in civil works contracts and preparation of the required instruments of management plans such as Waste Management Plan, Traffic Management Plan, Air, and Noise Pollution, among others. Core Principle # 4: Program E&S systems manage the land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards Bank PforR Directive: As relevant, the program to be supported: • Avoids or minimizes land acquisition and related adverse impacts; • Identifies and addresses economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy; • Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access; • Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and • Restores or replaces public infrastructure and community services that may be adversely affected. (Program activities for which the borrower’s land acquisition and resettlement (LAR) processes have significant gaps with this principle, or for which the borrower lack sufficient capacity to manage LAR impacts in a manner consistent with this principles, should not be considered eligible for the PforR Financing regardless of the number of people affected, unless supplemental arrangements are agreed with the Program authorities and endorsed by the CESSO, GSUSS, and/or the Regional Standard Advisor). Applicability – PARTIALLY APPLICABLE Program involves physical works, although mostly confined to existing land owned by schools or government owned land. However limited, the risk of land acquisition and displacement of people cannot be ruled out in some cases which may result to minimal relocation and loss of livelihoods. The loss of access to natural resources is highly unlikely since the program will mainly focus built up areas. • Investments financed by the program will exclude high risks projects (projects that have significant negative environmental and social impacts that are sensitive, diverse, or unprecedented). • Willing buyer-willing seller will be the preferred means of land acquisition in all cases. The government's right to acquire land compulsorily will only be used where it is unavoidable. • Where the compulsory acquisition is to be employed, the evidence must be obtained (as detailed in the POM) that attempts were made to acquire land via the marketplace. Moreover, a compelling reason why alternative land, available in the market, could not be found must be documented. Instances where compulsory acquisition may be unavoidable include but are not limited to, road rehabilitation, construction of new roads, water and sewerage systems. • Where households are physically displaced, the government will provide options to the PAPs guidance provided in the POM. • Economic displacement can and will involve the physical relocation of PAPs. 90 Official Use • Small parcels of private residential land that do not excessively affect land use may still be subject to compulsory acquisition as they are considered economic displacement. • Voluntary land donation and use permit processes will be used for land under customary rights, according to land tenure and, ownership and transfer of rights arrangement. STRENGTHS WEAKNESSES • Program will exclude subprojects that involve • Weak capacities to ensure compliance to large land acquisition and resettlement. required national standards within the • Compulsory land acquisition processes are implementing agency and entities well defined in the Tanzania Law. This process • There is no clear definition on the rights of those has put in place measures to protect the occupying public land and their entitlement, affected persons, defines affected persons especially on livelihood restoration. consultation process and avenues for • Tanzania Law does not recognize tenants, grievance redress. squatters or encroachers as being entitled to assistance or any allowances for transportation or disturbances to this particular group • Tanzania Law use depreciated replacement cost approach, which does not result in full replacement costs of the lost assets • The Law does not stipulate that resettlement shall be avoided wherever possible; on the contrary, as long as a project is for the public interest, involuntary resettlement is considered to be inevitable • Lack of policy and legislation guidance on resettlement and livelihood restoration • While the Land Act does entitle compensation for business losses, there are no legal provisions requiring the government to restore livelihoods or to provide assistance towards the restoration of such livelihoods. Land users such as tenant farmers are only entitled to compensation for crops (the valuation method is outlined in the 2001 Regulations). • Lack of budgetary allocation for land acquisition and resettlement processes. OPPORTUNITIES RISKS • Strengthening of country systems to manage and • Systematic implementation of land acquisition implement the land acquisition process and procedures as required by the WB policies due to associated risks to acceptable standards weaknesses of the local policies • Strengthening capacities to enforce Land • Potential involuntary resettlement without acquisition implementation measures compensation to informal settlers occupying public land illegally • Delay of land acquisition due to lack of funds allocation for the program 91 Official Use LEVEL OF RISK – MODERATE Core Principle # 5: Program E&S systems give due consideration to the cultural appropriateness or and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities, and to the needs or concerns of vulnerable groups. Bank PforR Directive: • Undertakes free, prior, and informed consultations if vulnerable and marginalized communities are potentially affected (positively or negatively) to determine whether there is broad community support for the program. • Ensures that vulnerable and marginalized communities can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the vulnerable and marginalized communities. • Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, PWD, women and children, the elderly, or vulnerable and marginalized communities. If necessary, special measures are taken to promote equitable access to program benefits. Applicability –APPLICABLE The program will be implemented in some Regions in Tanzania where Indigenous/Under-served Groups and Vulnerable Groups including women, children, the elderly and PWD exists in the Program areas System Strengths Gaps • The Constitution of the Republic of Tanzania • Identification of Vulnerable Groups: recognize vulnerable and disadvantaged Vulnerable and marginalized groups are not communities. explicitly included in the screening process for • Tanzania also has policies specific to vulnerable ESIA through EMA nor in the Tanzanian system groups, such as the National Policy on women and for land acquisition and resettlement. gender (2000), and National Policy on HIV/AIDs, in • Vulnerable and marginalized communities: order to prevent discrimination and promote There is no specific legislation governing equity. Indigenous Peoples in Tanzania. As mentioned • There is also strong guidance for community above, there is no system in place that confers participatory planning by PO-RALG through the any right, status, or special position upon any “Opportunities and Obstacles to Development citizen of Tanzania on the basis of lineage, Handbook,� which promotes inclusion of tradition or descent, including vulnerable and vulnerable groups throughout the planning marginalized communities. process. • There is also no track record of any government only program to undertake free, 92 Official Use prior, informed consultations with vulnerable and marginalized communities. • Weak capacities to ensure compliance to required national standards on equitable access within the implementing agency and LGAs. • Poor commitment to reduce inequity at the national and regional levels • No annual monitoring system to measure the progress of equitable access and CPP programs. • Weak capacity to disseminate information to promote social accountability and grievance redress mechanisms at national and regional levels • Lack of awareness among the VMGs, leadership, and professionals on the needs of VMGs • Lack of clear guidance and procedures to manage the inclusion of VMGs. • Lack of gender mainstream strategies to facilitate inclusion of gender equity in Programs OPPORTUNITIES RISKS • There is a commitment at the national and • Poor consultations with the VMGs on the regional levels to reduce inequity poverty to program vulnerable groups (disabled, women, and • Weak procurement processes and procedures youth) which is accompanied by adequate for equitable access to program benefits by the funding through other programs VMGs • Improved staff management and training on the • Barriers that hinder progress towards applicability of these principles to the program achieving the objective of increased equity • Development of robust stakeholder brought about by corruption, cultural, ethnic management strategies within the systems as and gender disparities part of the public consultations programs to strengthen and systematize projects consultation processes and grievance redress LEVEL OF RISK – SUBSTANTIAL mechanisms • The opportunity of the program implementers to empower and benefit VMGs in an inclusive manner. Core Principle # 6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. Bank PforR Directive: Considers conflict risks, including distributional equity and cultural sensitivities. BP 9.00: Considers conflict risks, including distributional equity and cultural sensitivities. 93 Official Use Applicability –APPLICABLE • The program is designed to yield significant social benefits to all schools and to improve distributional equity across the country. • On the other hand, the principle is applicable due to social conflicts that may arise due to labour influx in the project areas such as gender-based violence, increased risk of illicit behaviour and crime, increased burden and competition on public resources, increased risk of communicable diseases, among others. • The program will not undertake projects that will cause or exacerbate social conflict in fragile states, post-conflict areas or areas subject to territorial disputes, or cause social conflict or impact distributional equity or associated cultural sensitivities STRENGTHS WEAKNESSES • Existence of procedures guiding public • The legal and regulatory framework and participation and consultations (EMA Act 2004) the sector-specific policies of government from the onset of project development will ministries and independent departments, minimize social conflict. however, have yet to be aligned with • The Government of Tanzania also has adopted these policies policies that advance gender equality and youth • Weak grievance mechanisms to manage inclusion in a supportive enabling environment. social conflicts at the National and regional levels • Weak capacities to ensure compliance at the implementing agency and the law enforcement OPPORTUNITIES RISKS • There is a commitment at the national levels to • Lack of identification of social risks encourage utilization of local labour to empower brought about by social conflict, including the local communities during program the prevalence of gender-based violence implementation • The hiring of contractors with weak E&S • Training on the applicability of these principles capacity to manage social risks to the program • Unavailability of local labour leading to a • Development of robust stakeholder high ratio of labor influx vis-à-vis host management strategies within the systems as population part of the current to strengthen and systematize projects consultation processes and grievance redress mechanisms • Integrate contractual obligations in the legal LEVEL OF RISK – MODERATE agreements and contracts for contractors to take responsibilities of the social risks, with appropriate mechanisms for addressing compliance • Presence of Government officers from the National Security agencies that encourage dialogue in dispute resolution as well an avenue for social conflict resolution. 94 Official Use 8 SECTION EIGHT: INPUTS TO THE PROGRAM ACTION AND IMPLEMENTATION PLANS 200. Based on the above assessment and findings, this section outlines key findings and recommended actions for improving the social and environmental management systems required for mitigating/minimizing those risks and gaps/challenges, where appropriate during the planning and implementation stages. These options for improvement of the environmental and social management system (ESMS) will be discussed during the ESSA validation workshop with the stakeholders who will include select schools, regional governments, and institutions and agencies responsible for environmental and social monitoring participating in the Program. 8.1 Key Findings on the Environmental and Social Systems Assessment 201. The key findings of ESSA on environmental and social systems are: (i) The national government has well developed and robust legislation, regulations, and systems to manage environmental, health, and safety risks. The national EIA system has well-defined guidelines covering project registration and screening, EIA process (scoping, alternative analysis, impact assessment, mitigation measures, management plan and consultation), monitoring and auditing, and decommissioning. However, there is no equivalent legislation or systems to manage distinctly social risks, at the national or regional levels. Tanzania does not have a developed and defined Social Risk Management System. Social risk management functions are fragmented across various ministries and institutions without any coordination mechanisms in place. (ii) The assessment identified the weakness in supervision/monitoring and poor enforcement at both the national and regional levels which should be strengthened to address the potential environmental challenges that might be encountered during the implementation of the BOOST. However, there is no equivalent legislation or systems to manage distinctly social risks in the country. Tanzania does not have a well-developed and defined Social Risk Management System. Social risk management functions are fragmented across various ministries and institutions without any coordination mechanisms in place. (iii) Through the EPforR financed by the World Bank as PforR, there has been a lot of sensitization and awareness on the importance and need to have these systems in place. The EPforR programs have developed program-specific systems to support their program operations in the management of environmental and social impacts in the education sector. This presents an opportunity to build on the existing program-specific environmental and social systems and adopt good lessons learned. On the other hand iBOOST IPF component TA and Capacity building activities will contribute to strengthening of the system through ESF and ESSs. (iv) The Program's implementing Team at the MoEST and PO-RALG and at LGAs level will have in place Environment and Social specialists who will specifically assigned to BOOST program. The implementing teams will be strengthened to strengthened on the management of potential environmental and social risks along with a framework for monitoring. 95 Official Use (v) The BOOST project will use existing resources in the country in supporting institutions (NEMC, National Construction Council, Occupational Health and Safety Agency (OSHA), etc.) who are responsible to assist in managing environmental, health, and safety risks (vi) Officers at the regional levels such as Community Development, Labour and Gender Officers are not engaged fully to manage social risks. Further more the LGAs have uneven levels of readiness to manage social risks. The program will develop an Environmental and Social Risk Management Procedure that outlines participation of social and environmental personnells in management of social risks from school level in LGAs . (vii) At present, there is currently no specific legislation or policy in place in Tanzania related to under- served communities. Limited resources are dedicated to ensuring that marginalized communities who lack political representation and economic power can participate effectively or access social and economic benefits from the projects carried out by the National government.TheTA activities will include studies on barriers to access to education to understand the issues and come up with tangible solutions. (viii) There is weak annual environment and social performance verification audit procedures for minimum conditions related to environmental and social safeguards under the EPforR. 8.2 Program Action Plan Summary 202. Though the potential environmental and social risks and impacts of investments and activities under this Program are expected to have minor impacts, the Program provides an opportunity not only to strengthen the weaknesses in the procedures mentioned above to identify and mitigate these potential effects but also to strengthen the Country systems in three areas: (i) strengthening of environmental and social management systems, (ii) ensuring implementation and monitoring of environmental and social management; and (iii) building capacity for environmental and social management. 203. To fill the gaps identified in the ESSA, the Program will support specific measures to enhance Tanzania’s environmental and social management system performance. These measures will be implemented through support of the institutions in charge of environmental and social management in Tanzania in education sector - (MoEST, PO-RALG, NEMC, OSHA, LGAs) to manage environmental and social issues, including the OHS risks. 204. These measures have been consolidated into the ESSA Action Plan that guides the overall formulation of the Program. Implementation of environmental and social procedures contained in the Program’s Operational Manual and Environmental and Social Risk Management Procedures will be performance criteria in the Program Assessment System that will be implemented for the Program. 205. The implementation of some of these measures will be enhanced by their integration into the overall Program Action Plan and legally incorporated into the financing agreement of the Program. These action plans for the Program are grouped into three areas. i. actions to strengthen the environmental and social management systems. ii. actions to strengthen the implementation and monitoring of the environmental and social management of sub-projects; and 96 Official Use iii. actions to build the capacity of relevant institutions for staff involved in the Program to enhance environmental and social management performance. 8.2.1 Strengthening of the Environmental and Social Management System 206. The recommended actions under this theme are: (i) Strengthen the Environment and Social Impact Assessment process under the program by including the Ministries and Departments involved in Social Development in the development and review of ESIAs under the program. (ii) Collaborate with NEMC and OSHA to provide targeted capacity building to staff at regional levels on environmental and Social risks, and OHS issues; (iii) Collaborate with OSHA to prepare a simplified checklist for building and construction works that contractors can easily follow and adopt. (iv) Develop Program Operation Manual (POM) incorporating environmental and social management procedures before launching of the Program. (v) Develop a standalone Environment and Social Risk Management Procedures to be included in the POM to address construction related environmental and social risks . (vi) Develop guidelines to manage social conflicts related to labour influx to be incorporated into the Environment and Social Risk Management Manual. (vii) Establish coordination mechanisms with other institutions/entities/departments including the directorates of Occupation, Health, and Safety, labour, gender, disability and social development etc. (viii) Strengthening of existing Grievance Redress Mechanism for the program that is accessible to the project beneficiaries. The environment and social risk management Procedures will provide a full description of the GRM process. (ix) Use lessons learned and coordination of efforts of the actions under the EPforR program Environmental and Social Management System (ESMS) and SEQUIP project’s Environmental and Social Standards and ESCP. (x) Hiring safeguard specialists (Environment specialists and Social risk management specialists) and GBV Specialist at the Program Management Team at MoEST and PO-RALG. (xi) Ensure that all the bidding documents for specific investment include the environment and social clauses and the related costs. (xii) Establish community and stakeholder engagement process for the program that integrates the planning process of the proposed investments. (xiii) Prior approval of the environmental and social screening and review forms by LPIT. (xiv) Establish Social Risk Management (SRM) committees at the local level and enhance the capacity of these committees and LGAs, Labour and Social Welfare officers at various levels on SRM. 8.2.2 Strengthening of implementation and monitoring of the environmental and social management system 207. The recommended actions under this theme are: (i) Incorporation of environmental and social management implementation and monitoring procedures documented in the Program Operation Manual and Environmental and Social Risk 97 Official Use Management Procedures by implementing teams for: • Supervision or monitoring of the ESMPs • ES Reporting • GRM monitoring • Monitoring Contractor performance in terms of E&S issues (ii) Application by LGAs of environmental and social procedures documented in the Environmental and Social Risk Management Manual. (iii) Public disclosure of the ESIA and ESMP and other documents. (iv) Program supervision teams to include environmental and social specialists. (v) Monitoring of complaints and issues related to land acquisition and involuntary resettlement. (vi) Implementation by schools and LGAs of mitigation and compensation measures. (vii) Reporting of environmental and social incidents and accidents by the subprojects. (viii) Develop procedures for assessing the performance of the program on environment and social management that relies on environment and social performance protocol, this will be outlined on the environment and social risk management procedures in the POM. (ix) Incorporating ESMP and OSH contractor clauses in the bidding and contract documents. 8.2.3 Strengthening of environmental and social management capacities 208. The recommended actions under this theme are: (i) Integration of environmental and social management into the Program’s general capacity building plan, including land acquisition, voluntary land donations, stakeholder engagement/consultation, and use of the principles of Free Prior and Informed Consent (FPIC). Ensuring that a robust meaningful consultation process with local communities is required in developing local action plans that candidly represent community needs and priorities. (i) Training in environmental and social management for technical staff and LGAs official. (ii) Training in incorporating environmental and social risks, and the cost in the bidding documents and for the PMT, LGAs Officers, and Procurement officers. (iii) Capacity building of LGAs on systems of managing social conflict that include the national and regional government agencies, and local communities. 8.2.4 COVID-19 Pandemic Management 209. The government of Tanzania has issued directives, policies and laws that touch on public health on COVID-19 Pandemic. The Program will therefore adhere to the Laws and Regulations that have been issued by the Government to ensure the risks associated with COVID-19 pandemic are mitigated during the Program Implementation. 98 Official Use Table 8-1 :Environmental and Social Action Plan Action Description DLI# Responsibility Timing Completion Measurement BOOST POM prepared to MoEST and PO-RALG The POM to include: full explain the Environment and Before effectiveness (POM) description of E&S management Social Risk (E&S) procedures & Fiduciary, Management and Fiduciary reporting structures/ requirements requirements, risks, mitigation, roles, responsibilities, coordination, and procedures The NPIT will prepare an NPIT ESMS, Bi-Annual and Annual effective M&E system and Continuous Report for all activities and sub- produce Annual Report for projects. NPIT & LPCT reporting BOOST which will include requirements to include E&S management for reporting on ESMS performance. activities and sub-projects. This will include developing an Impact Tracking Table to follow up ESS impacts and track the project implementation progress & achievements (eg awareness programs on HIV/COVID 19, Gender, GBV/SEA, reproductive health Qualified and experienced MoEST and PO-RALG Staff in place & POM (program staff assigned to coordinate (NPIT) By effectiveness (recruitment management & ESMS sections Environmental and Social or secondment), continuous and ToRs) that includes an ESR management at MoEST/PO- thereafter Management Manual, and RALG (I Environment + Social includes definition of role & with GBV expertise) (national responsibilities of the ESS level) safeguards specialists in POM 99 and the ESRS Manual. Conduct seminars for teachers. This is a covenant in the FA Assign qualified and MoEST and PO-RALG This will be described in the POM experienced staff to (LPIT) 3 months after effectiveness, (ESMS section and ToRs), and Environmental and Social continuous thereafter part of LPIT management at LGAs (part of LPIT) Prepare School Construction DLI 1 MoEST, PO-RALG (NPIT School Construction Manual Manual and capacity building and LPIT), NEMC, 10 months after effectiveness prepared. The Manual will of LGAs (LPIT) to ensure OSHA, LGAs include requirements of ESHS for contractors (community bidding documents/ plans. The based or other) are Manual will provide guidelines compliant. for forming the School Construction (DLI 1) and ensure the committee is inclusive (by gender, disability, marginalized, etc). Strengthen Grievance DLI2 & DLI NPIT and LPIT Monitored regularly and Redress Mechanism to be 88 3 months after effectiveness reported in the Annual Reports. able to capture project- related grievances at sub- The strengthened GRM will be project at school and LGA captured in the manuals and levels, and also to capture guidelines prepared under DLI 8 GBV/SEA and Sexual (good education governance) Harassment and DLI 2 (safe schools). Train technical staff at the NPIT and LPIT The Government will prepare a National and LGAs levels in Six months after training plan, and the trainings Environmental and Social effectiveness, continuous will be covered and reported in management systems. thereafter 100 Official Use IPF Technical Assistance component Ensure equal opportunity DLI 5 MoEST and PO-RALG Equal opportunity will be and inclusion of children with Roll-out with CPD (DLI 2.2 ensured through the roll-out of disabilities, girls and boys and 2.3) CPD modules on gender-sensitive pedagogy and special needs. Monitored through the roll-out of DLI 5 and 6. Monitored regularly and reported in the Annual Reports. Reduce GBV/SEA risk by DLI 2 MoEST, PO-RALG and Measured through DLI 2. effective implementation of LGAs (NPIT and LPIT) Yearly Monitored regularly and Safe school program as reported in the Annual Reports. indicated in DLI 2, including school guidance counsellors Reduce GBV/SEA risk by MoEST and PO-RALG Measured and monitored building capacity of LGAs to (NPIT and LPIT) Yearly through DLIs (2 and 8). identify and mitigate Monitored regularly and GBV/SEA and risks. LGAs to reported in the Bi-Annual and train the School committees Annual Reports. and to enable them to address any incidences of Training requirements reflected GBV, SEA or child abuse. in the Training Plan prepared 6 months after effectiveness. Strengthen information and MoEST, PO-RALG and Use and monitor government disclosure to stakeholders: (i) LGAs (NPIT and LPIT) Continuous website to inform Program disclose all project activities continuously. LPCT and documents, (ii) implement NPIT to report on this in the bi- Stakeholders’ consultations annual and annual reports. for subprojects at the community and school level, & (iii) websites receive 101 Official Use comments, complaints related to project Prepare communications MoEST, PO-RALG Finalization and approval of plan. 3 months after effectiveness, communications plan, and continuous thereafter mapping and database of education stakeholders. Awareness raising and MoEST, PO-RALG and Included in the Communications inclusion of all children, LGAs Continuous Plan (prepared 3 months after includes: awareness raising effectiveness), and reported on for enrollment of children the annual report. with disabilities, special needs (autism etc.), education pathways for child who has dropped from school, & vulnerable & marginalized communities 102 Official Use 9 SECTION NINE: STAKEHOLDER CONSULTATIONS 9.1 Stakeholders consulted 210. Given the health observations aiming to contain the spread of COVID 19, four out of the eight prioritized regions including Pwani, Dar es Salaam, Morogoro, Dodoma were consulted. The former two were physically visited, and administrative heads in the other two regions were consulted virtually for their views on the BOOST program. In these regions, consultations were held with: (i) Regional Education Officers (in all four regions) (ii) District Education Officers (Primary education) – Temeke Dar salaam region; Bagamoyo, Pwani region; and Chemba, Dodoma region. (iii) School committees (Kizuiani Primary School, Temeke, Dares Salaam Region; Kerege Primary School, Bagamoyo, Pwani region). 211. Further consultations were held with: (i) Ministry of Health, Community Development, Gender, Elderly and Children (Divisions of CD and Child Development) (ii) HakiELIMU (iii) NEMC (iv) Sokoine Foundation (v) Chama Cha Walemavu Tanzania, (CHAWATA) (vi) Agha Khan University (vii) CCBRT (viii) Tanzania Association of the Disabled Consultations for validation of findings will continue during appraisal through virtual meetings and via email to solicit more inputs from various stakeholders. The draft ESSA will be disclosed both in government website and World Bank website during appraisal and final ESSA will be disclosed after negotitations. Meaningful, gender and cultural sensitive consultations will continue during implementation of the Program. 9.2 Issues, concerns and comments raised by stakeholders 212. Generally, no significant negative environment or social impacts are envisaged by stakeholders through the BOOST program. Stakeholders mentioned minor and temporary negative impacts arising from construction related activities. More positive social impacts are envisaged such as enhanced school security, better learning environments for girls and teacher motivation. No impacts on indigenous peoples are envisaged. observations and issues raised on the environmental and social impacts of the BOOST program are categorized into the following main areas. 213. Responding to a pressing need for school infrastructure: Concerns over a significant shortage of school infrastructure in many government schools were voiced, which are experienced in terms of: • lack of primary schools in the vicinity of settlements • shortage in classrooms per number of enrolled Pupils; • shortage or poor ablution facilities to cater for needs; • poor or lack of staffrooms for teachers in many schools; 103 214. The limitations in infrastructure are made worse by shortage in school furniture (school desks, and chairs and desks for teachers). Rapid population growth due to in-migration, and relatively large household sizes with an average of 5 children per household, including families relocating to remote areas for livelihood pursuits were identified as the main factors. These factors have led to the following: ▪ Improvised timetables (shifts in class attendance); ▪ Over-populated schools (eg: Temeke Municipal); ▪ Poor hygiene practices and risk in using rudimentary or run-down toilets; ▪ inability of schools to designate special ablution spaces for girls as directed by the government; ▪ limitations in prioritizing special facilities for children with disabilities (only a few designated schools such as Kerege Primary School (Bagamoyo) had classrooms to cater for Pupils with disabilities, but being a day school, Pupils from distant places could not access such education); ▪ Commuting long distances to school for many Pupils (especially in rural-based communities (such as in Chemba District where some Pupils daily commute for 17kms to school, and Temeke where they commute 10 kms to school). This has de-motivated parents and Pupils. Female Pupils and poor school infrastructure 215. Stakeholders noted that existing shortages in school infrastructure has limited most schools to provide the required facilities for menstrual hygiene for girls. Hence while Tanzania has earned significant achievements in student- gender parity in enrolment; this has not often been associated with the capacity to provide for the required facilities for menstrual hygiene for girls, making the learning process uncomfortable. Limited spaces or poor toilet infrastructure were mentioned as the main factors. Limitations in planning on school facilities to minimize environmental and social impacts 216. While stakeholders appreciated the benefits that many schools have enjoyed from existing infrastructure development projects (including those under the under EPfR), they pointed to limitations in planning and location of structures that has rendered some facilities unusable (such as location of toilets with limited water supply from the available source; location of classrooms to extend buildings to prevent community trespassing leading to poor aesthetics). 217. In addition, often, school construction projects were limited to certain aspects, mostly classroom construction, while many schools desired to secure school environments by fences because of too close interference by surrounding communities. It was mentioned that construction of school fences has not been prioritized under existing infrastructure development projects, and has allowed significant interference by surrounding communities on school environments, exposing Pupils and staff to safety and security risks, including tampering with facilities such a toilets and water taps. Environmental risks due to temporary disturbance during construction phase 218. Stakeholders raised concern that if construction activities are conducted during school term, some disturbance due to dust and noise will be experienced. In addition, the possibility of competing uses of school facilities (water sources, toilets) between school population and construction workers is likely to be experienced. However, no major environmental impact is envisaged, such as water pollution or 104 complete damage of the landscape and natural vegetation since often, such constructions are done within existing school plots that have already been secured. 219. In addition, significant environmental risks have been experienced such as land degradation around school plots caused by hazards such as flooding and gully erosion. These have been addressed by Municipal Engineers with no involvement of Environmental experts, indicating weak coordination on addressing such risks at LGA level Land acquisition and related processes 220. Stakeholders mentioned that there will mostly be minimal need for land acquisition for school infrastructure development. This is because, the need for land for school expansion would be required only where existing sizes of school land or plots are small, while in other areas the probability of land acquisition is minimal because of available space. It was reiterated that most cases, new buildings are developed (or proposed to be developed) within existing surveyed plots, as has been the practice with the EPfR supported projects in the past two years. Where demanded, conflicts arising from forced acquisition or poor compensation are unlikely. This was because Local Government Authorities in respective areas secure the right of ownership of such school property and negotiates with surrounding communities on the same. In addition, Municipal councils in Tanzania usually follow government procedures to acquire land from communities, either through official purchase and compensation, or through community designation of areas willingly. The Land Policy (1999) and Village Land Policy (1999) are normally referred to in such cases. 9.3 Positive envisaged environmental and social impacts 9.3.1 Enhanced facilities for underserved and vulnerable groups 221. In addition to the expected significance in terms of reducing the inadequacies classroom space, staff offices and ablution facilities, the BOOST program was envisaged as to widen the participation of children in the underserved or vulnerable groups categories as follows. ▪ Service to Pupils commuting long distances to school ▪ Providing required spaces and facilities for menstrual hygiene ▪ Ability to serve children with disabilities better with the required infrastructure facilities in classrooms and toilets 9.3.2 Enhanced enrolment capacity to satisfy demand 222. Stakeholders positively pointed out the ‘free-basic education’ policy (Education and Training Policy 2014), coupled with the directive of compulsory enrolment to have encouraged enrolment, including of children placed in distant locations. Growing demand for enrolment was however hampered or compromised by limitations in school infrastructure, leading to crowding or forcing parents to enroll Pupils in distant schools. The BOOST program is envisaged to positively enable schools to respond to community demands for education. 105 9.3.3 Enhanced performance A higher level of student performance is envisaged due to an expected drop in truancy and improved attendance of girls. Better facilities for hygiene will raise confidence of girls to attend classes. In addition, the safety and security for Pupils, and comfortable learning environments will be improved. 9.3.4 Increased school enrolment 223. The high rate of population increase, especially in the urban and peri-urban settlements may lead to a high rate of annual enrolment, and an added pressure on existing school infrastructure. This has been the experience of school improvements under the EPfR, where better classrooms and school environments have motivated communities, pupil attendance, and also increased annual enrolment. 9.3.5 Local management capacity for environmental and social risks 224. Existence of the School Committee (Kamati ya Shule) was identified as a reliable management structure to oversee the desired development of school infrastructure. It is a body established by the National Education Act, 1978 Clause 39, that incorporates community members and teachers. Stakeholders positively noted the committee’s involvement in decision making and monitoring of such projects as has been the case with existing projects supported under the EPfR program. This committee works in collaboration with School Kamati ya Miundo mbinu a system that has allowed day to day inspection of such projects. 106 9.4 Main concerns raised by Stakeholders Groups Table Regional and district level consultations Issues identified Actions proposed 1 Long distance to school in areas which lack BOOST priorities shall be reviewed to include the schools in the vicinity of construction of schools where they lack in the settlements/communities is de-motivating vicinity of communities. Pupils and parents 2 Teacher shortage in some schools (Chemba Identify and support teacher disbursement to rural District = 4 teachers in some schools) is schools, including supporting residential impacting heavily on the student learning infrastructure to motivate them. environment 3 Student learning is greatly affected by low Refresher courses or skills building courses shall be competence in teaching. Some teachers cannot designed as on-going programs to enable teachers match up the current curriculum review to to keep pace with continuing changes in curriculum competence-based teaching 4. School committees do not have ultimate Where possible, the program shall equally put influence in deciding projects for their schools, emphasis on school fences to improve the student given the overwhelming demand for classroom learning environment. space in many situations. However this has not given due emphasis on other equally demanding construction projects such as school fences which are highly demanded for school safety and security. 5 Land acquisition for schools may be required Were land acquisition for school projects is but only where existing school plots are inevitable, the required negotiations, consultations inadequate for required projects. This is and compensation procedures according to the expected to be minimal, and no significant laws of the country shall be followed. conflicts are envisaged Respective Municipal authorities shall ensure that existing procedures are adhered to minimize any grievances 6 Security and safety risks to school children from Provisions on the protection of school children construction workers have not been against any forms of abuse shall be stipulated in experienced, or rather not evident due to the writing in contract terms. Reprimands and action to practice of recruitment of Construction teams be taken against any incidence shall also be ie The Local Fundis who come from the stipulated. neighborhoods 7. Safety and inclusion of vulnerable school The program shall identify and integrate local or children should not only be seen through traditional systems of child protection such as the infrastructure developments. Limited attention use of elders, faith-based sensitization which will is given to local or traditional (informal) be more relevant and responsive to local protection measures especially of the girl child. circumstances. This has made them vulnerable to misbehavior or to abuse within and outside school. There is too much emphasis on formal laws and procedures. 107 Table School-level consultations Issues identified Actions proposed 1 Minimum level of awareness on Strengthen awareness among School Committee environmental and social safeguards members, Teachers and Pupils on the possible risks and relating to school environs and learning ways to minimize or manage them. environment arising from construction projects. Limited facilities is however limiting efforts to address risks even when known such as COVID 19 2 Limited capacity of School committees to Build the capacity of School Committees at the onset of prioritize and implement desired projects on mapping of school areas. infrastructure projects has sometimes led to ill-located buildings or provision in theConsult School committees on infrastructure priorities of facilities that compromise desired WASH schools to reflect felt needs. standards or marginalizing disabled group PWD be represented in the construction committees to ensure that the needs of their group is well taken on board. 3 Limitations in funds (Capitation Grants) to LGAs to strengthen ethical sensitive mobilization support continuous minor works eg measures for promotion of school facilities. classroom rehabilitation Some involvement of Municipal Officers to Involve Municipal environmental and social experts to address environmental hazards affecting build capacity of School committees and school schools (such as flooding or erosion) is management in identifying and addressing such risks. evident, however it is only when an incidence happens and is temporary. While schools cannot manage such incidences for lack of technical skills and funds. Proper identification of environmental risks arising from BOOST related projects may not be sufficient for inadequate skills. 4 Construction contracts are awarded to Emphasis shall be given on the existing practice of local fundis (local technicians) hence they establishing local committees to oversee the planning have been more sensitive in their and implementation of projects. interaction with Pupils and teachers. The likelihood of gender-related abuses to Raise more awareness on existing platforms mandated arise during construction phases is thus with the prevention of VAWC. Awareness of these minimal. However, there is a need to platforms shall be given to community members, school maintain standards of behaviour and work staff and children. ethics during project phases. 5. Likelihood of dust and noise pollution School committees to ensure that where possible during the construction phase is high, construction works are conducted during weekends and although temporary. This will be highly felt during holiday periods. when construction works are conducted during term time. 108 Table Consultations with representatives of Marginalized Vulnerable Communities and PWD Project to consider provision of a in service capacity Lack of teachers specialized in special education teaching building program on special education Project to prepare a framework for tracking the impacts. Lack of impact tracking systems to follow- up environmental impacts As well as tracking the project implementation progress and achievements of the project activities. Low children enrollment in Primary Formulation of a comprehensive program to raise schools (especially for children with awareness among the parents on school’s enrolment. disability) The program would be promoted through mass media and social media by using success stories/role models the parents will be encouraged to enroll their children with disability. Involvement of local leaders could be included in the implementation strategy so as to reach out each family at the lower level (ten cell). Mitigation of the potential ▪ Enforcement of law and regulations of the inclusive environmental and social issues identified education ▪ Awareness programs for waste management that will reduce dust and recycling of the waste, ▪ Awareness and campaigns programs be conducted among the school going children against gender/GBV including how to access help in case of incidence. ▪ Capacity building to furnish teachers with minimum skills required for handling children with disability ▪ Replacement of vegetation (trees) that have been cleared due to construction works. Participation of marginalized groups in ▪ Planning stage: through providing constructive various activities of project contributions while attending planning forums (like implementation/cycle this one). ▪ During the implementation: they will be engaged in various job opportunities that will be availed by contractors according to their capabilities (where they fit well). ▪ Also they will participate in the project construction committees as representatives of PWDs. ▪ Monitoring and evaluation: they will participate as part of the verification team. 109 Annex I: List of stakeholders consulted S/No Date Name Designation/ Location Contact address Position 1 24/06 Patrick Golwike DCD Dodoma Patrick.mgongolwa@jamii.go .tz 2 24/06 Sarah Lisasi DPEO, Taaluma Temeke sarahedy@gmail.com Municipal, Dar es salaam 3 25/06 Selemani Pandawe DPEO Bagamoyo, Pwani 4 28/06 Nathalis Linuma Ag RAS Dodoma Nathalis.linuma@dodoma.go .tz 5 28/06 Fatuma Mganga RAS Dodoma 0766643266 6 28/06 Mama Mbeyu REO fsmbeyu@gmail.com +255 684 821829 7 29/06 Josephat Fabian DPEO Chemba District jambilikile@yahoo.com Ambilikile +255 754 527373 8 25/06 Dr Willberforce HakiELIMU Dar es Salaam 0784472200 Meena 11 24/06 Stully M, Ngoma Chairperson Kizuiani Primary 0762224577 School, School Committee 12 Mary W. Shayo Head teacher 0735062071 13 Hadija Mitambi Member 0693223044 14 Jaka H. Maganga Member 0715508636 15 Mathias Nkwabi Member 0752036376 16 Isaac Mwaijande Member 0715896949 17 Neovita M. William Member 0621803701 25/06 18 Zephania Ernest Chairperson, Kerege Primary 0654837290 Martine Member School, School Committee 19 Esther Amri Member 076284042 20 Anande Nassary Member 0764376538 21 ZABIBU Mgeni Member 074434452 23 Mwinyikondo Hasina Member 0672672712 24 Teddy Setebe Member 0712876220 25 20/10 Edward Tunyone Chairperson Sokoine tunyone@gmail.com Foundation 0754752350 26 Fazal Sokoine Foundation 27 Mr. Benjamin Secretary General Chama cha Bmayengela76@gmail.com Mayengera Walemavu 0763155921 Tanzania 0753578467 (CHAWATA) 110 28 Mr. Gamariel Mboya Aga Khan gamariel.mboy@aku.edu University 0754968114 29 Fredrick Msigallah Program Manager CCBRT fredrick.msigallah@ccbrt.org Advocacy and 0717036241 Disability Inclusive 0754467549 30 Mr. Hamadi Komboza Chairman Tanzania hkomboza@gmail.com association of the Disabled 0658555031 111 Annex II: Technical Reports and Government Sources In addition to the laws, policies, regulations and guidelines cited in this report, the ESSA has drawn from a range of sources including academic journals, GoT documents, technical reports, and project documents. This annex lists sources that were used in the preparation of the ESSA. 1. LAWS, INSTITUTIONAL ARRANGEMENT AND CHALLENGES OF THE ENVIRONMENTALMANAGEMENT IN TANZANIA Mr. JACOB MOKIWA and Mr. ISAKWISA MWAMUKONDA Legal Officers-Legal Services Unit Vice President’s Office Presented at: Global Training Programme on Environmental Law and Policy Nairobi, Kenya 5-13 October, 2015 2. Strengthening the Education Management Information System (EMIS) in Tanzania: Government Actors’ Perceptions about Enhancing Local Capacity for Information-based Policy Reforms, Assela M. Luena, University of Massachusetts Amherst, 2012 3. Report of the Technical Assistance provided to the National Sanitation Campaign, Government of Tanzania, C. Ajith Kumar, May 2015 4. Cultural Heritage Management in Tanzania's Protected Areas: Challenges and Future Prospects, by Audax Z. P. Mabulla and John F. R. Bower 5. TOWARDS SUSTAINABLE CULTURAL HERITAGE MANAGEMENT IN TANZANIA: A CASESTUDY OF KALENGA AND MLAMBALASI SITES IN IRINGA, SOUTHERN TANZANIA Author(s): PASTORY MAGAYANE BUSHOZI Source: The South African Archaeological Bulletin, Vol. 69, No. 200 (DECEMBER 2014), pp.136- 141 Published by: South African Archaeological Society Stable URL: http://www.jstor.org/stable/43868708 6. The original EPforR ESSA, March 2014 7. The Bank’s Policy and Directive for PforR, July 2015 112