Environmental and Social System Assessment (ESSA) Report for the Program for Results (PforR) of the Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions FINAL REPORTJUNE 2022 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project TABLE OF CONTENTS List of tables..........................................................................................................................................5 Acronyms and abbreviations .................................................................................................................6 EXECUTIVE SUMMARY ..........................................................................................................................7 Introduction ...........................................................................................................................................8 Conclusion and Recommendations.....................................................................................................10 SECTION I. INTRODUCTION ................................................................................................................12 I.1. BACKGROUND ............................................................................................................................13 I.2. JUSTIFICATION ...........................................................................................................................13 I.3. PURPOSE AND OBJECTIVES OF THE ESSA ASSESSMENT ...................................................13 I.4. SCOPE OF THE EVALUATION ....................................................................................................14 SECTION II. PROGRAM DESCRIPTION ...............................................................................................15 II.1. INTRODUCTION .........................................................................................................................16 II.2. PROGRAM DESCRIPTION .........................................................................................................16 II.3. Program Development Objectives and Key Results . ...................................................................16 II.4. PRESENTATION OF NEDA ........................................................................................................17 II.4.1. Scope of the Program ............................................................................................................18 II.4.2. Beneficiaries of the program ..................................................................................................19 II.4.3. Excluded Activities.................................................................................................................19 II.4.4. Program Funding ...................................................................................................................20 II.5. INDICATORS RELATED TO DISBURSEMENT AND THE VERIFICATION PROTOCOL ASSOCIATED WITH PforR NEDA ......................................................................................................20 II.6. STATUS OF CAPACITY BUILDING ............................................................................................21 II.6.1. Capacity and Institution Building ............................................................................................21 SECTION III. IMPLEMENTATION OF THE NEDA PROGRAM .............................................................22 III.1. INTRODUCTION ........................................................................................................................23 III.2. INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION OF THE NEDA PROGRAM ......23 III.2.1. Implementers ........................................................................................................................23 III.2.2. Institutional arrangement of the electricity sector in Côte d'Ivoire ..........................................23 III.2.3. Program Steering Committee (PSC) .....................................................................................23 III.2.4. Monitoring Committee...........................................................................................................23 III.2.5. Program Implementation ......................................................................................................23 III.3. Monitoring and Evaluation of Results ..........................................................................................24 III.4. Disbursement Modalities .............................................................................................................24 SECTION IV. ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS OF THE NEDA PROGRAM ..25 IV.1. INTRODUCTION ........................................................................................................................26 IV.2. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF THE PROGRAM ........................26 IV.2.1. Positive Environmental and Social Impacts ..........................................................................26 IV.2.2. Negative Environmental and Social Impacts ........................................................................26 Draft version - June 2022 Page 2 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION V. ANALYSIS OF THE ENVIRONMENTAL AND SOCIAL SYSTEM ACCORDING TO THE KEY PRINCIPLESTO THE KEY PRINCIPLES ......................................................................................30 V.1. Description of the assessments of the consistency of the NEDA system with the core principles of the results-based financing program ...................................................................................................31 V.1.1. Core Principle 1: General principle of environmental and social management ......................31 V.1.2. Core Principle 2: Natural Habitats and Physical Cultural Resources (PCR)...........................32 V.1.3. Core Principle 3: Public and worker safety ............................................................................32 V.1.4. Core Principle 4: Land Acquisition .........................................................................................33 V.1.5. Core Principle 5: Indigenous Peoples and Vulnerable Groups ..............................................34 V.1.6. Core Principle 6: Social conflict .............................................................................................34 V.2. Systems Assessment Conclusion ................................................................................................35 SECTION VI. METHODOLOGY FOR ASSESSING THE ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM ......................................................................................................................36 VI.1. INTRODUCTION ........................................................................................................................37 SECTION VII. CÔTE D'IVOIRE'S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM ..........39 VII.1. INTRODUCTION .......................................................................................................................40 VII.2. LEGISLATION ...........................................................................................................................40 VII.2.1. Policy Framework ................................................................................................................40 VII.2.2. Legal Framework ................................................................................................................42 VII.2.3. Environmental Management Plan for the program ..............................................................57 VII.2.4. Social Management Plan for the Program ...........................................................................58 SECTION VIII. CAPACITY AND PERFORMANCE OF NEDA PROGRAM IMPLEMENTATION ENTITIES ...............................................................................................................................................75 VIII.1. Assessment of the capacity and performance of actors ............................................................76 VIII.1.1. CI-ENERGIES ....................................................................................................................76 VIII.1.2. ANARE-CI ..........................................................................................................................77 VIII.1.3. CIE .....................................................................................................................................77 VIII.1.4. ANDE .................................................................................................................................78 SECTION IX. PROGRAM RISK ASSESSMENT ....................................................................................79 IX.1. INTRODUCTION ........................................................................................................................80 IX.2. PROGRAM RISK ASSESSMENT...............................................................................................80 SECTION X. RECOMMENDATIONS .....................................................................................................84 X.1. INTRODUCTION .........................................................................................................................85 X.2. MEASURES FOR PROGRAM PERFORMANCE ........................................................................85 X.2.1. Monitoring and evaluation .....................................................................................................88 X.3. TRACEABILITY ...........................................................................................................................89 X.3.1. Monitoring .............................................................................................................................89 X.3.2. Evaluations planned over the duration of the program ..........................................................89 X.4. ACTION PLAN.............................................................................................................................89 SECTION XI. CONSULTATION AND DISCLOSURE OF THE REPORT ...............................................93 XI.1. INTRODUCTION ........................................................................................................................94 Draft version - June 2022 Page 3 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project XI.2. STAKEHOLDER MAPPING ........................................................................................................94 XI.3. METHODOLOGY .......................................................................................................................94 XI.4. DISCLOSURE ............................................................................................................................94 ANNEXES AND REFERENCE DOCUMENTS .......................................................................................95 Appendix 1 : Core Principles ...............................................................................................................96 Appendix 2 : CI-ENERGIES organizational chart ................................................................................97 Appendix 3 : Organization of the electricity sector in Côte d'Ivoire ......................................................98 Appendix 4 : Electricity sector in Côte d'Ivoire by type of energy .........................................................99 Appendix 5 : Proposed Locality Funding Program ............................................................................ 100 Appendix 6 : Geographic map of the location of rural electrification .................................................. 101 Appendix 7 : Public consultations: list of people met in Man ............................................................. 102 Appendix 8 : Photos of the consultations with the Prefect of the TONKPI region (Man) and the regional directors of technical structures......................................................................................................... 108 Appendix 9 : Photos of consultations with the populations of Drolé (non-electrified village of the Sub- prefecture of PODINGOUINE, Department of Man) and of the Cascades neighborhood in the commune of Man. ............................................................................................................................. 108 Appendix 10 : Attendance list meeting in Dorkana (Korhogo) ........................................................... 112 Appendix 11 : Attendance list for meetings in Korhogo ..................................................................... 113 Appendix 12 : Results of the public consultation ............................................................................... 114 Appendix 13 : Formula for calculating the amount of agrarian compensation from Inter-ministerial Order No. 453 / MINADER/ MIS/ MIRAH/ MEF/ MCLU/ MMG/ MEER/MMPE/SEPMBFE of August 1, 2018 setting the scale of compensation for destruction or proposed destruction of crops and other investments in rural areas and slaughter of livestock ........................................................................ 122 Draft version - June 2022 Page 4 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project List of tables Table 1 : Summary of ESSA findings ........................................................................................................9 Table 2 : Key legal texts applicable to the program ................................................................................42 Table 3 : National Legal Framework for Environmental Management .....................................................57 Table 4 : Key legal framework for the social management of the Program .............................................59 Table 5 : Assessment of the NEDA program's ability to manage environmental and social risks ............81 Table 6 : Risk classification ....................................................................................................................83 Table 7 : Program Recommendations ....................................................................................................85 Table 8 : Recommended action plan to address potential environmental, social and safety risks/impacts .............................................................................................................................................90 Table 9 : Summary of stakeholder views or opinions ............................................................................ 119 Draft version - June 2022 Page 5 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Acronyms and abbreviations AfDB African Development Bank CIE Ivorian Electricity Company CI-ENERGIES Société des Energies de Côte d'Ivoire CIES Environmental and Social Impact Statement CMM Complaints Management Mechanism CNLVFE National Committee for the Fight against Violence against Women and Children DGDD Directorate General for Sustainable Development DGE Directorate General of the Environment DLI Disbursement Lead Indicator DR Regional Directorate DRN Northern Regional Directorate EAS Exploitation and Sexual Abuse E&S Environmental and Social ESIA Environmental and Social Impact Assessment ESSA Environmental and Social System Assessment GBV Gender Based Violence HVA High Voltage A IAPC Ivorian Anti-Pollution Center IPF Investment Projects Financing LV Low Voltage MINEDD Ministry of Environment and Sustainable Development NDP National Development Plan NEA National Environment Agency NEAP National Environmental Action Plan NIC National Identity Card NICT New Information and Communication Technology OSCS Observatory of Solidarity and Social Cohesion PAP Program Action Plan PforR Programme For Results PMU Project Management Unit PNLVBG National Program for the Fight against Gender-Based Violence PN-OEV National Program for the Care of Orphans and Other Vulnerable Children PPEAV Program for the Protection of Vulnerable Children and Adolescents due to HIV/AIDS PSGouv Government Social Program RTC Regional Technical Committee SCADA Supervisory Control and Data Acquisition SH Sexual Harassment TC Technical Committee TFP Technical and Financial Partners UHC Universal Health Coverage UN United Nations Organization WB World Bank Draft version - June 2022 Page 6 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project EXECUTIVE SUMMARY Draft version - June 2022 Page 7 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Introduction 1. The proposed NEDA-Results Program (PforR) will support the implementation of the national electrification and digitalization programs and its implementation plan in the following three key result areas: − Results Area 1: Increase access to grid electricity services through extension and reinforcement of the network and household connections. The number of households/persons connected to the grid in the targeted areas will be reimbursed at a rate to be defined during preparation. − Result Area 2: Modernize CI-ENERGIES' network management through the installation of digital control and tele-control equipment (including OPGW cables). This will include the creation of a regional transmission control center in Korhogo that will be equipped with a SCADA/EMS system for the Northern Regional Directorate (DRN) network and two regional distribution control centers in Man and Korhogo, as well as the installation of a fiber optic network along the power lines; − Result Area 3: Support sector capacity building, including power system cybersecurity, and support to program implementation. Disbursement will support the adoption/implementation of capacity building, reforms, or key recommendations, including those in this assessment. 2. The Environmental and Social Systems Assessment (ESSA) consisted of a comprehensive review of the systems and procedures followed by CI-ENERGIES, as well as other relevant sector institutions that are responsible for environmental, social, health and safety issues including consideration of their past performance in environmental and social management of projects financed by international financing partners including the World Bank, to address social, environmental and safety issues associated with the NEDA PforR. 3. The following methods were employed during the evaluation period from November 16 to December 20, 2021 and March 2 to April 5, 2022: They include: (a) a comprehensive review of government policies, legal frameworks and program documents, and environmental and social (E&S) reports prepared for other World Bank-financed projects under the IPF and PforR1 ; (b) analysis of the country's systems with the six core principles of PforR financing; and (c) interviews and consultations with environmental and social safeguards experts at CI-ENERGIES. The ESSA team also consulted with administrative and customary authorities and community members in the northern and western regions of Côte d'Ivoire during the period March 28-April 1, 2022. 4. The NEDA program may generate positive and negative environmental and social impacts and the program will be implemented taking into account the risks and following a policy of minimizing activities that may lead to negative impacts (notably displacement of populations). In terms of positive E&S impacts, we note in particular the improvement of the living environment of households and the creation of temporary jobs for skilled and unskilled labor during construction and operation. There is also a reduction in emissions of air pollutants, greenhouse gases (GHGs) and noise through the promotion of increased renewable energy (and the replacement of diesel generators by connections to the electrical grid). As for the negative E&S impacts, the acquisition of land, although limited, is likely to modify land use patterns; the implementation of the Program will generate solid and liquid waste that may affect the quality of water resources; the quality of the surrounding air would be affected by dust and exhaust emissions. The risks associated with the Program are those related to occupational health and safety, use of rights-of-way, inequitable sharing of benefits of the Electricity Supply Program between vulnerable groups and the rest of the community, labor influx, sexual exploitation and abuse 1 Côte d’Ivoire’s public safety nets, shall be implemented by the country system. Draft version - June 2022 Page 8 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project and sexual harassment (SEA/SH), unsustainable benefits to the community, establishment of a complaint management mechanism that is not effective and accessible Table 1 : Summary of ESSA findings N° THEME OBSERVATION RECOMMENDATION 1 Upgrade national This includes-but is not limited to- Pending the update of national regulatory provisions compensation for lost assets, with regulations, CI-ENERGIES should (decree and/or order) the exception of land, and have a compensation procedure for compensation restoration of livelihoods for those guide under the program that according to the without title or recognizable rights, corresponds to Principle 4 principles of the PforR including informal land occupants, (compensation of informal right-of- or secure additional as these types of impacts are not way occupants). funding, as covered by national provisions CI-ENERGIES should also adopt appropriate, to meet a compensation policy for the these conditions program that is sufficient to purchase replacement goods of equivalent value to the replacement cost. Its adoption involves updating the government's scales for compensation of assets to market value based on an independent and competent appraisal; updating the compensation rates provided in project areas where inflation is high or the time lag between calculation of compensation rates and payment of compensation is significant; and considering the undepreciated value of replacement materials and labor to be used if necessary, plus transaction costs. The latter include administrative fees, recording or deed fees, reasonable moving expenses, and any other similar costs imposed on the persons involved. Those informally occupying public or private land are not compensated for the acquisition of land, but are compensated at replacement cost for the loss of property and supported in restoring their livelihoods. Finally, there needs to be a clear source of funding for the timely payment of compensation. Draft version - June 2022 Page 9 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project N° THEME OBSERVATION RECOMMENDATION 2 E&S management Lack of a formalized E&S Develop and implement an E&S system management system at CI- safeguard management system ENERGIES specific to the electricity sector and in line with all relevant key principles; All Program work contracts and similar agreements must include detailed clauses that are synergistic with the set of key principles including Principle 2 on natural habitat protection and Principle 3 on health and safety. 3 Organization Chart Insufficient coordination and Creation of a single central entity overlap of activities and (Directorate or Division attached to responsibilities between the the top management level) within various departments in charge of CI-ENERGIES that will manage E&S safeguards (Environmental E&S issues including health and and Social Studies, E&S Impact safety at work for all CI- ENERGIES activities. Management, Land Management, Quality and Social Responsibility, Monitoring and Evaluation). 4 Human and Material A major problem is the lack of Recruit and retain E&S specialists Resources human and material resources (particularly those in the PTDAE Capacity capable of adequately handling PMU who have provided valuable Building/Training the E&S monitoring and follow-up experience and satisfaction). of the projects and the Program. A training program will target Need for technical capacity implementing agencies, building in E&S safeguards, decentralized regional safety management, and administration, resettlement implementation of instruments at committees, and complaint CI-ENERGIES and its management subcontractors 5 Complaints A complaints management Establish or implement a Management mechanism exists and is complaints management Mechanism functional for projects financed by mechanism for all CI-ENERGIES donors such as the WB and AfDB. projects regardless of funding, with However, it is not formally applied an appropriate procedure for to government-funded projects. handling resettlement-related complaints. Lack of a complaint management mechanism (CMM) applicable to all CI-ENERGIES activities. Conclusion and Recommendations 5. Through existing projects and PforR assessments, sector actors such as MMPE and CI- ENERGIES have demonstrated a capacity to manage the responsibilities required for a PforR. The environmental and social system therefore has assets that, when complemented by Draft version - June 2022 Page 10 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project implementation tools based on WB principles, will enable the overall management of the impacts of the NEDA program. Despite some gaps and shortcomings, Ivorian legislation is also generally well developed in terms of environmental and social management, with several texts and documents covering a wide range of aspects. The national environmental assessment system is managed by ANDE. The resource persons of this agency, in charge of this monitoring, have benefited from capacity building. These structures and CI-ENERGIES have experience with projects financed by the World Bank (e.g., PTDAE) and other donors. It is desirable that the CI-ENERGIES team that has experience with the NEADP be re-engaged to monitor the NEDA program. 6. During the evaluation period, however, the ESSA found that the existing capacity of NEDA program actors has shortcomings in addressing environmental, social, and security issues during NEDA implementation. These include insufficient technical knowledge and capacity to ensure compliance of sub-projects with environmental, social and safety measures and standards; insufficient environmental and social safeguards specialists and safety officers; insufficient qualified personnel to address HSE issues and occupational safety hazards; and deficiencies in consultation with program-affected people and compensation arrangements with respect to GoCI-funded projects. However, the environmental and social performance of the Program's actors in implementing previous Bank-financed activities is acceptable (PTDAE). The recommendations made address and mitigate the shortcomings noted during the evaluation according to the 6 key principles. The overall risk rating for environmental and social safeguards is therefore MODERATE. 7. The design of appropriate processes, consistent with Principle 4, will be essential as the ESSA requires the identification and mitigation of significant impacts affecting informal land users or occupants. ESSA recommendations include incorporating several key principles and processes into the regulatory and/or policy framework or, alternatively, requiring additional funding to meet these conditions. Draft version - June 2022 Page 11 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION I. INTRODUCTION Draft version - June 2022 Page 12 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project I.1. BACKGROUND 8. Côte d'Ivoire, like other countries in sub-Saharan Africa, is characterized by a low rate of urbanization, making rural electrification one of the mainstays of inclusive energy development, as it contributes to improving the economic and social well-being of the population by providing them with modern, and as much as possible abundant, inexpensive and environmentally friendly energy. In addition, rural electrification has a positive impact on the Human Development Index (HDI), which summarizes the three dimensions of the development concept. Electrification allows for the improvement of basic infrastructure conditions at the health, education, and household levels. 9. Côte d'Ivoire has gone from 13 electrified localities in 1960 to 5,859 in 2019 thanks to the development of several electrification programs (PRONER: National Rural Electrification Program, PEPT : Electricity Program for All?, PRONEX: regular extension program, and programs more specifically supported by certain donors such as PRODERCI: Project for the development and rehabilitation of the electricity network in Côte d'Ivoire and the PTDAE: project for the transport, distribution and access to electricity. The PSNDEA: program for digital solutions for the opening up of rural areas and e-agriculture is concerned with extending access to digital services. These last two projects are financed by the World Bank (P157055 and P160418) and are currently being implemented. 10. It is in this context that the new Program for Access to Electricity and Digital Services in the North and West of the country (NEDA, P176776) is being prepared in the form of a Program for Results (PforR). 11. The proposed NEDA-PforR will support the implementation of the national electrification program and its implementation plan in the following three key result areas: − Result Area 1: Increase access to grid electricity services through household connections. The number of households/persons connected to the grid in the targeted regions will be reimbursed at a rate qui to be defined during preparation; − Result Area 2: Modernize CI-ENERGIES' grid management through digital control systems. This will include the creation of a regional transmission control center in Korhogo that will function as a "mini- Supervisory Control and Data Acquisition (SCADA)" for the North Regional Directorate (DRN) network; and − Result Area 3: Support sector capacity building and implementation support. The disbursement will support the adoption/implementation of capacity building, reforms or key recommendations, including those contained in this evaluation. I.2. JUSTIFICATION 12. The NEDA program is the first program using the PforR instrument in the Ivorian government's energy sector portfolio. The rationale for using a PforR is that Côte d'Ivoire has sufficient capacity and established country systems to incorporate such an instrument. 13. It would also provide a platform for other donors or World Bank Group entities to scale up with additional funding. The operation will also include a US$10 million Investment Project Facility (IPF) for technical assistance to support the enabling environment and capacity building of key implementing agencies. I.3. PURPOSE AND OBJECTIVES OF THE ESSA ASSESSMENT 14. The proposed Environmental and Social System Assessment (ESSA) is essential to ensure that the operations of the PforR are designed and implemented to maximize potential environmental and social benefits. It is also a key instrument for the World Bank to conduct focused policy dialogue, provide Draft version - June 2022 Page 13 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project recommendations for institutional strengthening, and address energy sector development issues with a focus on environmental and social sustainability in the context of NEDA program implementation. The key objectives of the ESSA are to: − establish clear procedures and methodologies for E&S planning, review, approval, and implementation of the proposed program; − Assess the institutional capacity and performance of the implementing agencies (primarily CI- ENERGIES as well as other relevant institutions such as ANDE) to manage the likely E&S impacts in accordance with the country's requirements under the proposed program; − specify appropriate roles and responsibilities and describe the necessary program management and reporting procedures to manage and monitor E&S concerns related to the proposed program; − Assess the consistency of the borrower's systems with the core principles and attributes defined in the Program for Results; − Recommend specific actions to improve the capacity of counterparts during program implementation to ensure that they are able to adequately fulfill their mandate; − Assess the performance of the Program system against the core principles of the PR instrument and identify gaps in Program performance; and − Describe the actions to be taken to address the gaps that will form and contribute to the Program Action Plan (PAP) to strengthen the Program's performance with respect to the core principles of the PforR instrument. I.4. SCOPE OF THE EVALUATION 15. The World Bank task team is responsible for conducting a comprehensive assessment of the country environmental and social systems (ESSA) in place to manage the E&S impacts associated with the proposed program investment package. The assessment will also examine the government's institutional capacity to plan, monitor, and report on E&S management measures for all aspects covered by the PforR. For each activity supported by NEDA, the ESSA reviews the legal and regulatory framework and relevant guidelines and identifies the strengths of the system as well as inconsistencies with the six core principles. The ESSA assesses the institutional roles and responsibilities for implementing NEDA and describes the current capacity of implementing organizations and their performance in carrying out these roles and responsibilities. The ESSA also considers public participation, social inclusion, and complaint resolution mechanisms in place and as applied in NEDA- related activities. Draft version - June 2022 Page 14 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION II. PROGRAM DESCRIPTION Draft version - June 2022 Page 15 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project II.1. INTRODUCTION 16. This section presents the program and program description, results areas, program funding, and disbursement indicators. It also includes aspects related to the institutional capacity of the relevant implementing agencies and the action plan to improve institutional performance. II.2. PROGRAM DESCRIPTION 17. Since 2011, the Government of Côte d'Ivoire has made firm commitments to electrify all localities in Côte d'Ivoire through the National Rural Electrification Program (PRONER), but also to facilitate access to electricity connections for all citizens through the Electricity for All Program (PEPT). In addition to these two programs, the PRONEX was initiated by the government to propose a structured and rational approach that aims to extend the electricity network in all regions of Côte d'Ivoire for the benefit of the population and in support of socio-economic activities. Table 2: Characteristics of the joint governmental program Objective Eliminate financial barriers to electricity connections Duration 2014 - Indefinite PEPT Geographic coverage Entire country Result areas Household Connections (1.5 million)2 Objective Expand and densify the electricity distribution network Duration 2020-2032 PRONEX Geographic coverage Entire country Result areas Household connections (1.5 million) Improve quality of service through investments in Objective digital infrastructure for network management Duration 2015-2030 PDAT Geographic coverage Entire country Improve network performance by: (i) reducing Result areas unserved energy (ii) reducing average outage duration II.3. Program Development Objectives and Key Results 18. The development objective of the NEDA program is to (i) increase access to affordable and reliable electricity in the north and west of Côte d'Ivoire, (ii) develop digital energy synergies, and (iii) strengthen institutional planning and implementation capacity to support these programs. 19. The program's development indicators are as follows: • People receiving new or improved electricity service (number); • Improvement in the average duration of electricity interruption index (SAIDI) (hours); • Reduction in system losses (%); 2 Based on SE4All data. Draft version - June 2022 Page 16 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project • Improvement in the ability to take advantage of energy-digital synergies (yes/no). 20. The Program is articulated in 03 strategic axes, each corresponding to a result area as follows 21. Strategic Area 1 National Network Extension Program (PRONEX) The program will support the implementation of selected PRONEX activities to achieve the following results o Connect households in the northern and western regions (PRONEX Zones 1,2,4,5,6 - technical studies underway to determine the number of households). o Increased access to electricity services on the grid. To achieve this RD, investments in the distribution network will be required for the extension and densification of services. Its objective is to connect new customers with affordable subscriptions. o It also aims to install a number of km of climate resilient distribution lines (to be determined). 22. Strategic Area 2 Electricity For All Program (EFAP). The program will implement EFAP activities to achieve the following results − Effective access to electricity for households through: o Pre-financing of connection fees o a payment facility; o Connection to the electricity network; o the realization of the interior installation and the supply of low consumption lamps; − intensification of connection-subscription by: o Connecting households in the northern and western regions (PRONEX Zones 1,2,4,5,6). o Improving CI-ENERGIES' operational performance through enhanced digital capacity. This DR will include the purchase of telecommunication equipment for the HVA networks in 146 regions, the upgrading of substations with digital capabilities, the laying of a number of km (to be determined) of fiber optic cable and a regional dispatch center in Korhogo. 23. Strategic Area 3: Network Extension Needs. The program provides for the distribution network to carry energy from source stations to consumer customers. A distinction is made between HVA (High Voltage A) distribution and LV distribution. Similarly, this axis of results aims to improve the technical performance of CI-ENERGIES, and in particular to strengthen their capacity to equip themselves with equipment for the modernization of substations. II.4. PRESENTATION OF NEDA 24. The NEDA Program (P176776) will support existing Government of Cote d'Ivoire (GoCI) projects to achieve their objectives in the north and west of the country: More specifically, NEDA aims: − Supporting the Electricity for All Program (PEPT) which helps reduce the cost of connecting to the electricity grid; − Supporting the National Grid Extension Program (PRONEX) which aims to extend and densify the electricity grid in already electrified localities; Draft version - June 2022 Page 17 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project − The reinforcement and digitization of substations to ensure the resilience of the transmission and distribution network and the potential inclusion of fiber for digital services in parallel with the reinforcement of electricity networks as part of the plan for the automation of the network and telecommunications 2015-2030 (Plan Directeur Automatisme et Télé conduite - PDAT). II.4.1. Scope of the Program 25. The scope of the program and its boundaries with respect to ongoing national programs are presented in Table 2. The PforR component is fully aligned with the objectives of government programs, its geographic scope is limited to the unserved northern and western regions and its objectives adjusted accordingly. Table 2: NEDA's Alignment with Government Programs Government Program NEDA Program Eliminate financial barriers to Remove financial barriers to Objective electricity connections electrical connections 2022-2027 Duration 2014 - Indefinite PEPT Geographic coverage Entire country Northern and Western regions3 Household Connections (1.5 Household Connections Result areas million)4 (401,942) Expand and densify the electricity Expand and densify the Objective distribution network electricity distribution network Duration 2020-2032 2022-2027 PRONEX Geographic coverage Entire country Northern and Western regions Household connections (1.5 Household Connections Result areas million) (401,942) Improve quality of service through Improve quality of service investments in digital through investments in digital Objective infrastructure for network infrastructure for network management management Duration 2015-2030 2022-2027 PDAT Geographic coverage Entire country Northern and Western regions Improve network performance by: Improve network performance by (i) reducing unserved energy (ii) reducing: (i) unserved energy Result areas reducing average outage (ii) average outage duration duration 26. The Error! Reference source not found. following figure illustrates the limitations of the program in relation to the activities of the electrification and digitalization program of the Government of Cote d'Ivoire. 3 For the purposes of this project, the northern part of Côte d'Ivoire is considered to include 11 regions (Bafing, Worodougou, Béré, Hambol, Gontougo, Kabadougou, Folon, Bagoue, Poro, Tchologo, and Bounkani) and the western part of Côte d'Ivoire 3 regions (Tonkpi, Guemon, and Cavally). There are 33 regions in the country. 4 Based on SE4All data. Draft version - June 2022 Page 18 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Figure 1 : NEDA's limitations in relation to the program's activities II.4.2. Beneficiaries of the program 27. The beneficiaries will be the following: a. Households/Businesses/Social Services: Given that the majority of non-electrified households in Côte d'Ivoire are in rural areas with high levels of poverty, the Program's activities are essentially "pro- poor." Access to electricity helps improve quality of life by enabling newly connected consumers to undertake productive and income-generating activities (less time spent on traditional sources of energy and drinking water) and by improving access to information and communication (via telephone, radio, television, etc.). Empirical evidence also indicates health benefits from reduced indoor air pollution due to reduced kerosene consumption. b. Electricity Sector Institutions: Sector institutions, particularly CI-Energies, should benefit from PforR and IPF activities and incentives to strengthen their planning and implementation capacity to manage electrification and digital grid upgrade programs. This could result in improved institutional performance as well as cost effectiveness, efficiency, transparency and accountability of the sector. II.4.3. Excluded Activities 28. The World Bank will not support programs through the PforR instrument if they have significant adverse environmental or social impacts such as the examples listed below. − Land acquisition and/or resettlement of a scale or nature that could have significant adverse impacts on affected people, or the use of forced evictions; − Adverse E&S impacts covering large geographic areas, or global impacts such as greenhouse gas (GHG) emissions; Draft version - June 2022 Page 19 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project − Activities that would have negative impacts on land and natural resources under traditional ownership or customary use or occupancy. 29. Also, activities within programs that have the potential for potentially significant and irreversible adverse impacts on the environment and/or affected people. The Program will also exclude activities that involve the procurement of (i) works, estimated to cost the equivalent of US$50 million or more per contract, (ii) goods, estimated to cost US$30 million or more per contract, (iii) non-consulting services, estimated to cost the equivalent of US$20 million or more per contract, and (iv) consulting services, estimated to cost the equivalent of US$15 million or more per contract. II.4.4. Program Funding 30. The estimated budget for the PforR is US$240 million and will be disbursed between 2022 and 2027. At this early planning stage, the exact location of the investments is not available, but they will be located in the eleven northern and three western regions of Côte d'Ivoire that will be targeted by NEDA. These are the following regions: − North: Bafing, Worodougou, Béré, Hambol, Gontougo, Kabadougou, Folon, Bagoue, Poro, Tchologo, and Bounkani ; − In the West: Tonkpi, Guemon, and Cavally. II.5. INDICATORS RELATED TO DISBURSEMENT AND THE VERIFICATION PROTOCOL ASSOCIATED WITH PforR NEDA 31. Disbursement under the NEDA project will be governed by a set of five disbursement-related indicators (DLIs). The selection of DLIs (to be confirmed) is guided by the following: (i) consideration of how the selected DLIs would directly incentivize and enable the achievement of Program objectives; and (ii) the feasibility of measuring, monitoring, and verifying disbursement-related results (DRRs). The selection of DLIs is based on the most relevant outcome indicators, which signal progress towards the achievement of the Program's intended outcomes. These are: − DLI 1: Households receive new affordable connections to the CI-ENERGIES network. − DLI 2: Regional Transmission Control Center constructed and operational. − DLI 3: Kilometres of network with upgraded HVA network telecommunication systems. − DLI 4: Substations upgraded and modernized. − DLI 5: Strengthen industry planning capacity. 32. Verification Protocols. In accordance with the World Bank's PforR policy, the MMPE will engage an Independent Verification Agency (IVA) under terms of reference acceptable to the World Bank to verify the achievement of results. An IVA will be selected based on its reputation, independence, and expertise in survey management, particularly in the more remote northern and western regions. For DLI 1, IVA will conduct surveys with an acceptable sample size to verify that connections meet acceptable quality standards as established by CI-ENERGIES. For DLI2, 3, and 4, IVA will conduct site visits with an acceptable sample size to verify that appropriate equipment has been constructed or installed. For DLI 5, capacity building, the IVA will verify that agreed-upon programs have been adopted or implemented Draft version - June 2022 Page 20 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project 33. Verification should be done on an annual basis. DLI 5 will also further strengthen IVA's verification capacity, including allowing for additional technical expertise needed to verify the quality of the electrical connection provided under the program. During implementation, the World Bank and MMPE will conduct periodic reviews of the VRI reports, as necessary, and assess the overall adequacy of the verification arrangements, taking mitigating actions, if necessary. II.6. STATUS OF CAPACITY BUILDING II.6.1. Capacity and Institution Building 34. Capacity building within electricity sector institutions is a critical aspect of program sustainability, and is therefore a key focus of NEDA. The continued and rapid expansion of electrification in Côte d'Ivoire will require significant capacity building support, not only for electricity sector institutions (CI- ENERGIES, CIE,) but also for participants in the broader I/O sector (ANDE). 35. Training will be provided to implementing agencies on monitoring and evaluation strategies to be carried out during and after program implementation. Technical assistance will be provided for the development of program performance indicators related to environment, health, safety and security. For the key E&S disbursement indicators developed in the context of the PforR, training will also be provided on how they can be assessed and evaluated, in the context of the World Bank's six E&S principles. Draft version - June 2022 Page 21 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION III. IMPLEMENTATION OF THE NEDA PROGRAM Draft version - June 2022 Page 22 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project III.1. INTRODUCTION 36. This section summarizes the responsibilities of the institutions that will be involved in the implementation of the PforR program, including monitoring and evaluation of results and the disbursement arrangements for the PforR program. III.2. INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION OF THE NEDA PROGRAM III.2.1. Implementers 37. The implementing actor of the NEDA program is CI-ENERGIES. 38. For the energy component, the three main counterparts are CI-ENERGIES, the asset company that manages investments in the sector and pilots the existing electricity transmission and access project (PTDAE, P157055), CIE, a private company that operates and maintains the transmission and distribution network under a leasing contract, and the Ministry of Mines, Petroleum and Energy (MMPE). III.2.2. Institutional arrangement of the electricity sector in Côte d'Ivoire 39. Figures of Appendix 3 and Appendix 4 of this report present the organization of the electricity sector and the electricity sector by energy type in Côte d'Ivoire, respectively. Although the implementation of the NEDA program relies on the existing system, a steering committee and a program monitoring committee could be established to facilitate its timely implementation. III.2.3. Program Steering Committee (PSC) 40. A Steering Committee is recommended to ensure interministerial supervision of the implementation of the program. It would ensure that the E&S requirements are included and budgeted for in the Annual Work Plans and Budgets (AWPB). This Committee, which would be chaired by the Ministry of Mines, Petroleum and Energy, would have, among other functions, to provide guidance for the E&S management of the Program. III.2.4. Monitoring Committee 41. The monitoring concerns the analysis of the evolution of certain impact-receiving environments (natural and human environments) affected by the project, namely the regeneration of the vegetation cover and the reconstitution of spaces in the deforested areas; the consideration of safety devices; the management of cases of land expropriation, destruction of buildings and economic activities, health and safety at work, citizen/stakeholder engagement, disclosure of information to stakeholders (non- exhaustive list) 42. The Monitoring Committee would be composed of representatives from CI-ENERGIES, the General Directorate of Energy, CIE, the Ministry of Budget and State Portfolio and the Ministry of Economy and Finance. The monitoring committee would meet at least quarterly. 43. The ToR for the engagement of all committee members would be drafted during the assessment phase of the NEDA program and confirmed once the program is approved. This ESSA will also provide recommendations that would be incorporated into the development of the committees' ToR. III.2.5. Program Implementation 44. CI-ENERGIES will be responsible for achieving the objectives of the NEDA. CI-ENERGIES has recent experience from previous and ongoing World Bank-financed projects and staff familiar with both national and World Bank procedures. It should be noted that the PforR does not require the establishment of a Program Implementation Unit (PIU). NEDA's objectives can be achieved directly through the CI-ENERGIES operating structure (see the organizational chart Appendix 2 in this report); Draft version - June 2022 Page 23 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project however, CI-ENERGIES may decide to assign the implementation of the program to an implementation unit, the composition of which will be presented later. III.3. Monitoring and Evaluation of Results 45. CI-Energies, as the implementing agency for the PforR, and IVA, for the PforR, are responsible for monitoring and evaluation (M&E) and reporting on implementation progress with an annex on environmental and social performance. 46. The M&E framework will track progress during implementation, measure intermediate outcomes, and evaluate project impacts. CI-Energies and IVA will prepare satisfactory project reports for the World Bank. III.4. Disbursement Modalities 47. For the PforR, disbursements will be made based on the IVA's Program Results Verification (PVR) report on the achievement of DLIs with environmental and social requirements. 48. CI-Energies will submit the PVR with an environmental and social annex to the World Bank within three months of the end of each fiscal year or sooner, depending on progress. The World Bank will use the PVR to determine the amount of eligible disbursements based on the results achieved. 49. Most DLIs are rolling, with funds disbursed in proportion to the DLI achievement. When environmental, social, or other actions are not completed in a given year, the amount allocated will be carried over to the next year. Draft version - June 2022 Page 24 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION IV. ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS OF THE NEDA PROGRAM Draft version - June 2022 Page 25 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project IV.1. INTRODUCTION 50. This section is a detailed overview of the potential environmental and social impacts that will be generated by the implementation of the PforR - NEDA during the construction and operation phase. The potential environmental and social impacts were identified through the review of relevant documents, the comprehensive stakeholder consultation process, and field visits to existing beneficiaries and potential sites in selected regions/locations. 51. The potential positive and negative impacts associated with the NEDA program have been discussed below. IV.2. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF THE PROGRAM IV.2.1. Positive Environmental and Social Impacts 52. Reduction in the use of diesel and gasoline powered generators resulting in reduced emissions of air pollutants, greenhouse gases (GHGs) and noise. Reduced consumption of kerosene for lighting and other uses, resulting in improved indoor air quality for households. a. Benefits of providing electricity to households: Improved living environment for households. Electricity will be used for food preservation (refrigeration), entertainment and information (audiovisual), communication (cell phone charging) and lighting (public and domestic). b. Provision of energy for semi-industrial income-generating activities (mills, cold storage and night- time recreational activities) of the local community. c. Creation of temporary employment for skilled and unskilled labor during construction and operation. As a result, workers recruited from the community area and its immediate surroundings will generate income and employment opportunities for themselves and their families. d. Improved social services at the basic infrastructure level (schools, health facilities, and administrative offices) The implementation of these projects would improve school performance in these communities. Students would have more time to study in the evening. 53. Local authorities will be able to plan the development of community health centers. 54. Medical facilities at the community level could benefit from electrical equipment for sterilization of medical devices, refrigeration of vaccines and other drugs, cold storage/ drug preservation, and medical laboratory testing. Better health care will also result in safer deliveries of babies. a. Ease the burden on women: The availability of electricity will ease the burden on women by facilitating access to clean water and electrical power. The electrification process will in turn facilitate the establishment of mills in the vicinity, the initiation and development of motorized water pumps or improved village hydraulics that will contribute to improving the quality of life of women in the project target areas. The project is also expected to facilitate communication and interaction of women for sharing experiences related to gender-based violence in the project area by facilitating access to regional platforms and referral services available in this area. b. Increased safety with more lit areas, especially for women and children (girls and boys). IV.2.2. Negative Environmental and Social Impacts 55. Due to the construction and operation activities of the proposed Program, limited adverse environmental and social risks and impacts are anticipated on the nearby human environment. The anticipated adverse environmental effects of the Program are not expected to be significant provided Draft version - June 2022 Page 26 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project that appropriate measures for waste management, vegetation clearing, and other activities are implemented in a manner consistent with the World Bank's Core Principles 1 and 2. The following negative impacts may occur during the pre-construction, construction and operation phases of the program's achievements. areas of vegetation and natural habitats could be affected. IV.2.2.1.1. Construction of access roads and right-of-way 56. The construction of access roads, which should be very limited, may affect the environment through vegetation clearing, right-of-way clearance, and soil compaction, among others. The construction of transmission line towers is not foreseen in the Program at this time, but medium and low voltage distribution lines are. 57. During the identification of the line routes, areas of vegetation and natural habitats could be affected. IV.2.2.1.2. Air Quality 58. Surrounding air quality would be affected by dust, exhaust and vegetation burning emissions from simultaneous construction activities with multiple crews using on-road and off-road equipment for excavation, structure delivery and assembly, and cable installation. IV.2.2.1.3. Aesthetic and visual impacts - visual intrusion into the landscape. 59. Tower structures are considered the most visually intrusive component of the transmission lines which would require the use of towers with a low degree of view obstruction. The construction of the transmission lines is not, however, planned. IV.2.2.1.4. Water Resources 60. Tower construction may interfere with natural drainage systems and alter surface water flow, and these changes may contribute to soil erosion, altering drainage channels. IV.2.2.1.5. Solid Waste Storage and Management 61. The implementation of the program will generate solid and liquid waste, including recycled batteries, used transformers, other used and/or damaged parts, packaging, and leftover construction materials and cement, which may negatively impact the nearby environment as well as the health and safety of workers and the local community. IV.2.2.1.6. Noise 62. Noise resulting from the construction of the access road and transmission line may disturb nearby communities and local wildlife. This impact will be temporary in nature. IV.2.2.1.7. Cultural Heritage 63. Potential impacts to cultural resources could occur in two ways: 1) electrical support or infrastructure installation activities could result in the loss or damage of unmarked archaeological artifacts or burial sites; or 2) an important or sacred historical site could be adversely affected by the physical presence of the facilities. IV.2.2.1.8. Occupational Health and Safety Risk 64. Significant OHS concern will arise during the periods of Program implementation, primarily during stringing, tower erection, operation of equipment and machinery during construction, operation and Draft version - June 2022 Page 27 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project installation of the mini-grid, resulting in the likelihood of accidents (electrification, electrocution, falls, etc.) occurring to workers in particular. The risk of accidents and hazards occurring in the "substation" during the operation of the equipment is a likely negative impact that could result in loss of life or injury to workers. IV.2.2.1.9. Health Risk from Electric Fields 65. Electric and magnetic fields (EMFs) are invisible lines of force that surround any electrical device and affect human health. Power lines, electrical cables and electrical equipment all produce EMFs. However, electric and magnetic fields decrease rapidly as distance from the source increases. IV.2.2.1.10. Risk of fire 66. The risk of fire outbreaks in bad weather (storms, winds, etc.) cannot be ruled out, especially when supports collapse or electrical failures occur. Similarly, lack of maintenance of the right-of-way can lead to the growth of trees in the vicinity that can eventually crash into the lines in bad weather and cause fires IV.2.2.1.11. Birds/Collisions 67. Transmission and distribution networks are known to be a potential source of collisions with birds that get caught on the lines and injure themselves. This risk is expected to be minimal. IV.2.2.1.12. Risks related to the supply of electricity to households and businesses 68. Under-project activities may involve safety risks to workers and communities (construction and operation phase). Safety threats also include the collapse of distribution racks during storms. IV.2.2.1.13. Land and Right-of-Way Acquisition Risks 69. Linear infrastructure has the potential to generate permanent and temporary impacts on people's property and livelihoods. In the case of the Program, the investments run through populated areas and rural areas that are less populated but where people develop productive activities, particularly related to agriculture, including livestock raising. These activities may impact all or part of their assets (house, structures, crops, among others). 70. The Program will permanently impact the land (construction of MV/LV poles), and temporarily (access roads to sites and work areas). 71. The distribution line routes will affect the small businesses located on this strip of public land. IV.2.2.1.14. Risk that vulnerable groups will not share equitably in the benefits of the program - of providing electricity to communities 72. Female-headed households may be disadvantaged in terms of access to electricity. Low-income people - the poor, elderly or disabled - may not be able to afford the cost of connections or appropriate internal wiring. Underserved people and vulnerable groups may not be able to take full advantage of the electricity supply because of their lifestyle. Draft version - June 2022 Page 28 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project IV.2.2.1.15. Risks related to labor influx and sexual exploitation and abuse (SEA/SH) 73. The influx of migrants from other parts of the country, seeking employment opportunities as a result of the Program, can have a negative impact on the local population. This influx of workers can create risks of sexual exploitation and abuse and sexual harassment (SEA/SH), the spread of communicable diseases, and higher prices in the region. IV.2.2.1.16. Risk of forced and child labor on construction sites 74. This aspect could be found in the activities of opening corridors and sinking holes for electricity poles; the community could be tempted to send minors to these sites for the sake of gain. IV.2.2.1.17. Risk that community benefits are not sustainable 75. There is likely to be dissatisfaction with the difficulty of getting a household connection after street lighting. Unmet expectations. No access to PEPT that facilitates household connections. IV.2.2.1.18. Risk of non-inclusive participation in program implementation 76. There is a risk that some villages and local authorities will be more dominant than others and that, as a result, some of the benefits of the program will be unevenly distributed. IV.2.2.1.19. Risks related to the disturbance of tangible cultural resources 77. Investments may also be located in an area that may contain tangible cultural resources. Loss or destruction of cultural heritage resources may lead to widespread community opposition to the Program's sub-project. IV.2.2.1.20. ESMP of NEDA Sub-project Activities 78. The NEDA Program will design and implement an ESMP for each activity from the eligible PforR sub- projects to address all identified environmental and social impacts and risks. The ESMP will also be developed following the recommendations of this ESSA to align with the World Bank's six environmental and social principles. 79. If necessary, the ESMP will be supplemented with different plans (Specific Waste Management Plan, Community Health and Safety Plan, Biodiversity plan, etc.) depending on the specificity of the activities. Draft version - June 2022 Page 29 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION V. ANALYSIS OF THE ENVIRONMENTAL AND SOCIAL SYSTEM ACCORDING TO THE KEY PRINCIPLESTO THE KEY PRINCIPLES Draft version - June 2022 Page 30 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project V.1. Description of the assessments of the consistency of the NEDA system with the core principles of the results-based financing program V.1.1. Core Principle 1: General principle of environmental and social management Core Principle 1 addresses environmental and social management procedures and processes designed to (a) promote environmental and social sustainability in program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision making regarding the environmental and social effects of a program. Applicability − Core Principle 1 is considered in terms of managing environmental and social safeguards for the energy sector when implementing the networked components of the proposed program, as key instruments to establish and strengthen existing environmental and social management systems within CI-ENERGIES. Provision of measures to strengthen the existing system to improve accountability and monitoring mechanisms. − The components of the NEDA could generate environmental and social impacts during its implementation. The completion of an environmental and social assessment, the preparation and implementation of an environmental and social management plan and other safeguards, including a safety management plan and a waste management plan, will be key instruments associated with the program. System Strengths: − Ivorian legislation is generally well developed in terms of environmental and social management, with several texts covering E/S aspects. − CI ENERGIES monitors projects with a dedicated resource. − ANDE benefits from capacity building. It is accompanied by approved firms in the implementation of evaluations. Shortcomings − Incomplete implementation of the overall management of environmental and social safeguards; − Insufficient resources, particularly in terms of personnel and training, mainly within CI-ENERGIES. The resource for social safeguards is a consultant working on the PTDEA. − Insufficient coordination and overlap of activities and responsibilities between the different departments in charge of environmental and social safeguards (Environmental and Social Studies Department, Environmental and Social Impact Management Department, Land Management Department, Quality and Social Responsibility Department, Monitoring and Evaluation Department). − No procedural guidelines on the waste management plan, − Lack of a CMM applicable to all CI-ENERGIES activities (under development). Risks: − NEDA's potential environmental and social impacts are not optimally managed. − Non-management of used transformers and proper management of waste oil; − Reduced social benefits of network expansion; Draft version - June 2022 Page 31 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project V.1.2. Core Principle 2: Natural Habitats and Physical Cultural Resources (PCR) Core Principle 2: Natural Habitats and Physical Cultural Resources − Environmental and social management procedures and processes are designed to avoid, minimize, and mitigate adverse effects on natural habitats and physical cultural resources resulting from the program. Applicability: − The provisions of Core Principle 2 are considered as part of the Environmental and Social Assessment (ESA) process analysed under Core Principle 1. − The program will not support investments that could affect or convert critical natural habitats and will avoid the conversion of natural habitats. − This core principle is applicable to the NEDA program because the power line clearance could affect natural habitat and result in incidental discoveries of physical cultural resources. System Strengths: The terms of reference for environmental assessments incorporate these aspects. Shortcomings - Lack of a formalized natural habitat management plan and PCRs. − Lack of jurisdiction and enforcement mechanisms, Non-existent resources to implement incidental finding procedures. Risks: Degradation or conversion of natural habitats. − Loss of physical cultural heritage and biodiversity areas V.1.3. Core Principle 3: Public and worker safety − Core Principle 3: Public and Worker Safety addresses environmental and social management procedures and processes that are designed to protect public and worker safety from potential hazards. Applicability: − Rehabilitation, construction, and operation of project activities may expose the public, as well as workers, to risks. The provisions of Core Principle 3 are considered as part of the SEA process analysed under Core Principle 1. System Strengths: Existence of legislation on working conditions (from the labor code) demonstrates interest Shortcomings Insufficient resources (technical staff, provision of safety equipment, budget) Lack of awareness of public health and safety issues, especially regarding exposure to electrical hazards and workplace safety aspects in hazardous areas. Risks: − No or limited availability of protective materials in the workplace. − Risk also of insufficient provisions of medical care and compensation in case of work accidents − Workplace accidents. Draft version - June 2022 Page 32 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project V.1.4. Core Principle 4: Land Acquisition Core Principle 4: Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and those affected are helped to improve, or at least restore, their livelihoods and standard of living. It is desirable to bring Ivorian resettlement regulations into line with P4R principles. Applicability: − Due to differences between national legislation and Core Principle 4, significant negative impacts regarding land acquisition are not acceptable in the context of the NEDA program, even if they affect only a small number of people. − Large-scale involuntary resettlement, including physical or economic displacement, also cannot be covered by the NEDA program − Accordingly, no activity or sub-project requiring resettlement that generates significant physical and/or economic impacts will be eligible and every effort will be made to avoid or minimize resettlement. − Some of the Program's operations may require land on a temporary or permanent basis and may affect crops, non-land assets such as small business structures, and livelihoods. However, the Program does not anticipate large-scale land acquisition or significant economic impacts or large-scale relocation. − Displacement will take place following the guidance of the Resettlement Policy Framework. System Strengths: Dedicated resources exist and implement these activities at the CI-ENERGIES level. Shortcomings − Insufficient human resources − Lack of a formal and effective CMM − Lack of appropriate land acquisition procedures for the implementation of activities at CI-Energies; − National legislation, including the land law and the electricity code with the 2018 inter-ministerial decree do not meet all the criteria required by Principle 4, including â–ª Sufficient compensation to purchase replacement property of equivalent value and to meet any necessary transitional expenses, paid prior to the land taking or access restriction. â–ª Providing additional enhancement or restoration measures if the land taking results in a loss of income-generating opportunities (e.g., loss of agricultural production or employment). â–ª Identify and address economic or social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who do not have legal rights to the resources they use or occupy. â–ª Restore or replace public infrastructure and community services that may be affected by the program. â–ª Include measures to ensure that land acquisition and related activities are planned and implemented with appropriate disclosure of information, consultation, and informed participation of affected people â–ª Vulnerable people are not considered by national legislation in the context of compensation for involuntary land acquisition. − Compensation for land under the lines is not realized. The Electricity Code and the 2018 Inter-ministerial Order is used to manage compensation but no compensation governed by the Land Law in terms of purging the strip under the line (it is simply declared of public utility); Draft version - June 2022 Page 33 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Risks: Inability to have sufficient compensation to purchase replacement property of equivalent value and to meet any necessary transitional expenses paid prior to the taking of land or restriction of access ; − Litigation as the only option for resolving land-taking issues. − Majority lack of land registration, including customary land registration, in rural and peri-urban areas, which can lead to confusion about who is the rightful owner V.1.5. Core Principle 5: Indigenous Peoples and Vulnerable Groups Core Principle 5 - Vulnerable Groups Particular attention is given to cultural appropriateness and equitable access to program benefits, with special attention to the rights and interests of indigenous peoples and the needs or concerns of vulnerable groups. Applicability: There are vulnerable and underserved people in need of special assistance in the NEDA program area. System Strengths: The country is not on the list of countries that can hold this type of people ; There is a Poor People's Electricity Connection Program (PEPT) Shortcomings -Identification and inclusion of vulnerable groups, meaningful consultation and documentation. Risks: Exclusion with inability to improve the living environment of poor and vulnerable groups - Failure to take vulnerability into account in expropriation procedures. V.1.6. Core Principle 6: Social conflict Core Principle 6: Integrating this principle into program implementation avoids exacerbating social conflict, particularly in fragile states, post-conflict areas, or areas subject to territorial conflict. This program will need to take into account the potential for conflict, including distributional equity and cultural sensitivities. Applicability: − The program is designed to provide meaningful social benefits to all citizens and to improve distributive equity. − However, there may be distributional equity issues that could impact vulnerable groups such as people of foreign origin or women in the extension of electrical service and gaps in compensation payments. This can irritate the community, becoming a reason for complaints and conflicts. System Strengths: The current social system (coming out of a national conflict) strengthens social cohesion; No conflict in the NEDA implementation area. Shortcomings Robust CMM with a program communication plan. Risks: - Development of discontent; - Vandalism to infrastructure. Draft version - June 2022 Page 34 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project V.2. Systems Assessment Conclusion 80. Ivorian legislation, despite some gaps and shortcomings, particularly in terms of enforcement, is generally well developed in terms of environmental and social management, with several texts and documents covering a wide range of aspects. 81. The national environmental assessment system managed by ANDE. The resource persons of this agency, in charge of this monitoring, have benefited from capacity building. They have experience with projects financed by the World Bank (e.g., PTDAE) and other donors. It is desirable that the CI- ENERGIES team that has experience with the PTDAE be re-engaged and maintained for the implementation of the NEDA program. 82. However, the analysis of the system also shows weaknesses and dysfunctions, at least with regard to the World Bank's principles, as summarized in the previous table. Draft version - June 2022 Page 35 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION VI. METHODOLOGY FOR ASSESSING THE ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM Draft version - June 2022 Page 36 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VI.1. INTRODUCTION 83. This section summarizes the approach taken to develop the ESSA. It examines the social and environmental checks and balances that exist in the policy and regulatory texts (laws, decrees, ordinances, and orders), identifies risks and gaps, and suggests opportunities for strengthening implementation. It examines the adequacy of existing institutional mechanisms for planning and monitoring environmental and social issues. The review of community and institutional mechanisms covered the full range of network construction activities in rural, urban and peri-urban areas, participation, diversity of needs and uses, cultural aspects, accountability issues, transparency and recourse mechanisms. 84. The process of developing the ESSA drew on a wide range of data and followed the following steps: − Literature review of policy, legal framework and program documents: The review examined all national policies and legal requirements related to environmental and social management in the energy sector; And technical and supervisory documents of previous and ongoing projects and programs of the World Bank and its offices in the energy sectors in Côte d'Ivoire (PTDAE) − Institutional Analysis: An in-depth institutional analysis was conducted to identify the roles, responsibilities, and structure of relevant institutions involved in energy-related programs. In addition, other government entities with a role to play in implementation at the regional and local levels were assessed. 85. Consultations: On November 16, December 16, 2021 and March 23, 2022, consultations were held with the CI-ENERGIES team. Specifically, interviews with key stakeholders were conducted with various departments of CI-ENERGIES at its headquarters in Abidjan. Consultations were also conducted in the field from March 30 to April 01, 2022 with local structures (administrative and customary authorities in Korhogo and Man). 86. Assessment of Potential Environmental and Social Impacts/Risks of the NEDA Program: The potential environmental and social impacts/risks associated with NEDA were assessed at various levels to determine the level of significance of potential impacts and risks and to recommend corresponding mitigation measures to ensure that program implementation is environmentally sound and socially acceptable. 87. Field Visits: The assessment of the existing system will be conducted during a series of targeted field visits. Field visits will be made to various localities and to key actors in the energy and environment sector. 88. The ESSA describes the extent to which the government's environmental and social policies, legislation, procedures, and institutional systems are consistent with the six "core principles" of the Bank's Policy, which are applied in the cases of the PforR. The core principles (see Appendix 1 this report) that serve as criteria for this analysis are: − Core Principle 1: General principle of environmental and social management; − Core Principle 2: Natural Habitats and Physical Cultural Resources; − Core Principle 3: Public and worker safety; − Core Principle 4: Land Acquisition; − Core Principle 5: Indigenous Peoples and Vulnerable Groups; − Core Principle 6: Social Conflict. Draft version - June 2022 Page 37 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project 89. In particular, the ESSA identifies and analyses gaps that may exist between country systems and the core principles applicable to the program, and recommends actions for improvement to ensure consistency of environmental and social management systems with Bank requirements. Draft version - June 2022 Page 38 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION VII. CÔTE D'IVOIRE'S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM Draft version - June 2022 Page 39 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VII.1. INTRODUCTION 90. This section describes the existing environmental and social management system of the various institutions applicable to the proposed program in Côte d'Ivoire. It provides an overview of the policy and legal framework and a profile of the various key institutions and their role in managing environmental and social aspects. This description is organized into two subsections: (i) environmental impact assessment and management system; and, (ii) social impact assessment and management system. VII.2. LEGISLATION VII.2.1. Policy Framework VII.2.1.1. National Poverty Reduction Policy 91. The National Development Plan (NDP 2021 - 2025), like the Poverty Reduction Strategy Paper (PRSP), constitutes the general orientation framework for the development policy of Côte d'Ivoire initiated by the Government. It is a manifestation of the Government's political will to commit to poverty reduction by offering the poor a decent living environment. In terms of energy, the Government plans, within the framework of the NDP, to make Côte d'Ivoire the energy hub of the sub-region by providing the national and sub-regional populations with abundant, quality energy at lower cost. VII.2.1.2. National policy on environmental protection 92. To face the environmental problems encountered, Côte d'Ivoire has equipped itself since 1992, after the United Nations Conference on Environment and Development held in Rio de Janeiro in Brazil, with a National Action Plan for the Environment (PNAE) which constitutes the framework of orientation allowing to better define the environmental problem in its reality and its complexity. VII.2.1.3. National electricity policy 93. In order to address the shortcomings noted in the field of electricity, the Government has developed a political vision based on four (4) axes, namely : − the improvement of electricity production through a rehabilitation and reinforcement program to achieve a balance between supply and demand for electricity, including export demand; − Implementation of institutional measures (adoption of the Electricity Code); − Achieving financial equilibrium in the sector, in order to strengthen the investment capacity of the electricity sector; − taking into account new and renewable energies, in order to lower connection costs and take advantage of national potential. 94. This policy is implemented by the Ministry of Mines, Petroleum and Energy (MMPE). Its implementation is monitored by the Direction Générale de l'Énergie (DGE), while Côte d'Ivoire Energies (CI- ENERGIES) is in charge of the delegated project management. VII.2.1.4. Poverty reduction policy in the field of access to energy 95. The electricity and renewable energy sub-sector has set itself the overall objective of providing the population with energy that is accessible at the lowest cost, to the greatest number, exportable and that preserves the environment. 96. Consequently, the Government has made rural electrification a strong component of its development program, and intends to continue and expand it in order to achieve the objective of total electrification of Côte d'Ivoire by 2025. This generalization of electrification has for finality: − to improve living conditions in rural areas through the provision of electricity to all; Draft version - June 2022 Page 40 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project − to open up rural areas economically by making available in localities one of the basic sources of energy essential to sustainable economic development; − to fight against poverty by giving rural populations the means to increase their income. Draft version - June 2022 Page 41 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VII.2.2. Legal Framework VII.2.2.1. Legal texts applicable to the Program Table 2 : Key legal texts applicable to the program Articles or provisions related to the NEDA program activities Ivorian legislation Analysis of operation and effectiveness Article 9: "Everyone has the right to education and vocational training. Everyone also has the right to access to health services.â€? This is an important step, as the first constitution did not include an article on environmental protection. Article 11: "The right to property is guaranteed to all. No one shall be deprived of his property except in the public interest and subject to fair and prior compensationâ€?. The evolution of this legal framework is part of the international dynamic because not only does it have its roots in the 1933 London Convention Provisions for the preservation of the environment on the conservation of fauna and flora in their natural state, but it is also in line and the living conditions of the people living in the Law n°2020-348 of with the spirit and the letter of the African Convention on the conservation of vicinity of the project are generally taken, in March 19, 2020 nature and natural resources signed in Algiers in 1968 and ratified by Côte particular to preserve the environment against any amending Law d'Ivoire in 1969 form of pollution in order to keep it healthy and to n°2016-886 of Article 27: "The right to a healthy environment is recognized for all throughout the compensate the people whose property is impacted November 8, 2016 national territory. The transit, importation or illegal storage and dumping of toxic by the works. However, not all of these provisions establishing the waste on the national territory constitute crimes for which there is no statute of are always implemented effectively. Generally, Constitution of the limitationsâ€?. projects consider measures to strengthen the Republic of Côte operational capacity of project actors to ensure a d'Ivoire Article 40: "The protection of the environment and the promotion of the quality of minimum of compliance. life are a duty for the community and for each natural or legal person". The State undertakes to protect its maritime space, its waterways, its natural parks as well as its sites and historical monuments against all forms of degradation. The State and the public communities shall take the necessary measures to safeguard the fauna and flora. In the event of a risk of damage that could seriously and irreversibly affect the environment, the State and the public authorities are obliged, in application of the precautionary principle, to assess the risk and to adopt the necessary measures to prevent its occurrence. Draft version - June 2022 Page 42 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Book I, Article 2: General definition of the offence; This law, which sets out the penalties incurred by Article 3: It specifies the different categories; project managers in the event of non-compliance Law n°81-640 of with their obligation to preserve the environment July 31, 1981 on Special criminal law, Book II, Title I, Chapter 9: It also deals with offences against and the living conditions of the local population the Penal Code public health, hygiene and morality; when carrying out a sub-project, is not always Article 328 (Book II, Title I, Chapter 9): Penalties incurred by those responsible for applied systematically. However, there are some the sub-project in the event of an infraction. criminal sanctions related to pollution. Law n°88-651 of July 7, 1988 on the protection of This law, which will regulate the use of hazardous The Law n°88-651 of July 7, 1988 on the Protection of Public Health and the public health and materials during the implementation of the sub- Environment against the effects of toxic and nuclear industrial waste and noxious the environment project, is more or less applied. Control structures toxic substances prohibits, throughout the territory, all acts relating to the against the effects such as CIAPOL, which operates in the field, and purchase, sale, import, transit, transport, deposit and storage of toxic and nuclear of toxic and the National Radiation Protection Agency for industrial waste and noxious substances nuclear industrial nuclear waste, are in place. waste and harmful toxic substances Article 22: "the competent authority may refuse the issuance of a building permit if the project may affect the character or integrity of neighbouring areas". The Environmental Code is applied and has been Article 35: "The application of the principles of precaution, substitution, revised to take into account the social dimension of preservation of biological diversity, non-degradation of natural resources, the projects. The ANDE ensures the mission of secular polluter pays, the right of public participation in all procedures and decisions could arm of the State as regards guaranteeing the Law n°96-766 of have a negative effect on the environment". environmental and social conformity of the Projects October 3, 1996 on and the industrial operations in Côte d’Ivoire Due to the Environment Article 39: "Any major project that may have an impact on the environment must a lack of personnel and logistical resources, ANDE Code be subject to a prior environmental impact assessment". does not always manage to cover the entire territory Article 41: "The examination of the environmental impact studies, by the Office of to ensure its missions. The World Bank supports Environmental Impact Studies gives rise to the payment of a tax to the National ANDE in the perspective of continuous Fund of the Environment whose base will be specified by decree". improvement of its mission. Article 57: "The State sets the critical thresholds of air pollutants". Draft version - June 2022 Page 43 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Article 75: "The State prohibits all activities likely to harm the quality of the air, surface water and groundwater". Article 1: "Discharges, deposits of waste of any kind or radioactive effluents, likely to cause or increase the pollution of water resources are prohibited.â€? Article 31: "Installations, developments, works, works and activities, likely to hinder navigation, to present dangers to public health and safety, to interfere with the free flow of water, to degrade the quality and / or influence the quantity of water resources, to increase in particular the risk of flooding, to seriously affect the quality or diversity of the aquatic environment are subject to prior authorization before any implementation ". The regulations for the preservation of water Law n°98-755 of resources located in the vicinity of or exploited in December 23, 1998 the context of the implementation of projects in on the Water Code Côte d'Ivoire are respected. Article 49: "any discharge of wastewater into the receiving environment must comply with the standards in force". Article 51: "it is forbidden to discharge into the sea, waterways, lakes, lagoons, ponds, canals, groundwater, on their banks and in alluvial groundwater, any waste matter, any fermentable residue of plant or animal origin, any solid or liquid, toxic or flammable substance likely to constitute a danger or a cause of insalubrity, or to cause a fire or an explosion." Law n°2020-348 of 19 March 2020 amending law n°2016-886 of 08 November 2016 on the constitution of the Republic of Côte d'Ivoire confirms the "principle of free administration" of local authorities and enshrines the constitutional status of The local authorities of the State are strongly Law n°2001-476 of the commune and the region. Several pieces of legislation will see the light of day involved in the implementation of projects in their August 09, 2001 on to give concrete expression to this policy. These include: command area. This involvement of the prefectural the General and communal authorities facilitates the Organization of the- Law n°95-892 of 27 October 1995 on the orientation of the general organization sensitization of the population and the circulation of Territorial of territorial administration; true information thanks to the communication Administration - Law n°2001-476 of August 9, 2001 on the general orientation of territorial networks developed at the level of the administration; municipalities hosting the sub-projects - Law n°2001-477 of August 09, 2001 relating to the departments; Law n°2001-478 of August 9, 2001 on the creation of the District of Abidjan Draft version - June 2022 Page 44 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Law No. 2003-208 This law governs the competences attributed to regions, departments, districts, of July 7, 2003 on cities and municipalities. The purpose of this transfer of powers is the economic, the Transfer and social, health, educational, cultural and scientific development of the population Projects in Côte d'Ivoire very often take into Distribution of and, in general, the constant improvement of the living environment. account the interests of the municipalities in which State In accordance with this law, any national development or land use project they are carried out. Competencies to Territorial necessarily involves the participation of the local authority concerned by the Communities implementation of the said sub-project − Article 3: - Energy control and reduction of the impact of the electricity system on the environment. − Article 9: Every operator has the obligation to: o - ensure the efficiency, safety and security of the activity he carries out; Article 36: Subject to the respect of the legislation in force, the rules of the art and good practices in the matter and the specific provisions of its agreement, any This law is scrupulously applied by CI-ENERGIES Law No. 2014-132 operator is authorized to: as well as the actors of the electricity sector. of March 24, 2014 However, some subcontractors do not effectively o to establish underground pipelines or supports for overhead conductors on the on the Electricity apply certain provisions that could cause risks for public domain; Code the environment and the safety of the populations. o to carry out on the public roads and their dependencies all work necessary for the establishment and maintenance of the works, in particular by complying with the road and town planning regulations as well as with the town planning master plans and with the texts in force concerning safety, environmental protection, the police and the control of electrical installations. The cultural, aesthetic, scientific, historical, archaeological and ecological values of the area where the project is located must be safeguarded. This legal text, which is relevant to the program, Law n°2014-138 of Title one: set of definitions and general principles applicable to any collection of concerns the exploitation of quarry sites for civil March 24, 2014 on mineral substances contained in the Republic of Côte d'Ivoire. engineering works. Generally, any mine operator in the Mining Code Côte d'Ivoire must respect the regulations in force Chapter I: Preliminary provisions according to the law on the Mining Code. Draft version - June 2022 Page 45 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project It also determines the main objectives of environmental protection and defines, in a more precise way, certain modalities, in particular the obligation of rehabilitation of exploited sites and the conservation of forest heritage. Article 5: It conditions any exploitation activity to the obtaining of a permit and to the presentation of an environmental management program including a rehabilitation plan of the sites and their estimated costs; Article 7: Application for a quarrying permit and related conditions are specified; Chapter 2: General provisions for the conduct of mining activities in the public or private domain; Articles 2, 3, 4: Classification of natural deposits as quarries and mines and terms of exploitation This law constitutes a guide for the implementation of the project, orients any development action according to the principles of sustainable development. Article 37: It is provided for: The application of this law is effective and transversal. The implementation of certain - the adoption of responsible modes and methods of procurement, operation, provisions makes effective in particular the rational Law n°2014-390 of production and management, meeting the requirements of sustainable use of resources, the reduction of poverty through June 20, 2014 of development; environmental and social assessments to verify the impact of their the recruitment of local labor and the fair and prior orientation on activities on the environment ; compensation of the people impacted, the sound sustainable - Contributing to the dissemination of sustainable development values and and efficient management of waste produced by the development demanding that their partners, particularly their suppliers, respect the environment construction sites. All projects must have and and these values; implement an Environmental and Social Management Plan in accordance with the - adopting transparent communication in terms of environmental management; application of this law. - the respect of the requirements of the social responsibility of the organizations for the promotion of the sustainable development. Article 3: "This law applies to forests and trees outside forests on the national Law n°2014-427 of The felling of trees along the route of power lines is territory but does not apply to wildlife, national parks and nature reserves." July 14, 2014 on done from time to time without the involvement of the Forestry Code Articles 6 and 7: "The protection and restoration of forest resources are the the water and forestry agents who monitor the responsibility of the State, local authorities, rural communities, and natural and Draft version - June 2022 Page 46 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project legal persons under private law, in particular concessionaires and operators of application of the forestry code, especially in the forest resourcesâ€?. The State shall take all necessary measures to fix th e soil, rural area. protect the land, banks and structures against the risks of erosion and flooding, For an effective application of the said code, the and to conserve natural species threatened with extinction water and forestry agents will be involved in the Articles 42, 47, 51 and 52: "harvesting under forest use rights must be carried out identification and felling of trees along the route of in accordance with the principles of sustainable forest management and clearing, the NEDA power lines. whether manual or mechanized, is formally prohibited unless authorized by the Forestry Administration". Articles 56 and 59: "Also, prohibited, are dangerous substances and species". Article 61: "All deforestation over a distance of twenty-five meters wide on either side of the upper limit of the watercourses is also prohibited unless authorization is granted by the local forestry administration". Articles 127 to 146: "Offences relating to the exploitation, processing and marketing of forest products without authorization are punishable". Title IV: Chapter One (Hygiene, Safety and Health at Work). The Labor Code is more or less respected in Côte Article 41.2: "To protect the life and health of employees, the employer is required d'Ivoire. The implementation of the program will to take all useful measures that are appropriate to the operating conditions of the require the hiring of personnel. The Labor Code will company. He must, in particular, arrange the installations and regulate the regulate the working conditions of employees working process in such a way as to protect the employees as much as possible during the implementation of the program by the from accidents and illnesses". signing of a contract between employer and Law n°2015-532 of employee in order to avoid job insecurity. Article 41.3: “Every employer is required to organize health and safety training for July 20, 2015 on Subcontracting companies do not declare all newly hired employees, those who change jobs or techniques. the Labor Code employees to the National Social Insurance Fund (NSIF). Companies and control missions should take all necessary measures to protect the life and This training must be updated for the benefit of the personnel concerned in the health of employees by setting up an Occupational event of changes in legislation or regulations. Health and Safety Committee if they employ more than fifty employees and by effectively declaring the Article 42.1. : "An Occupational Health and Safety Committee shall be set up in employees to the NSIF. any establishment or company usually employing more than fifty employees". Draft version - June 2022 Page 47 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project - Article 42.2. "The Occupational Health and Safety Committee is composed of the head of the company or his representative and staff representatives under the conditions determined by decree. - The sub-projects are related to the Ordinance on the Social Security Code insofar as the companies involved in these sub-projects employ staff for Ordinance n°2012- The Law n°99-477 of August 02, 1999 on the Social Security Code governs the whom they must guarantee social security. In other 03 of January 11, provisions of the public social security service. The purpose of this service is to words, within the framework of these sub-projects, 2012 on the Social provide benefits to alleviate the financial consequences of certain risks or all employers must be affiliated to the National Security Code situations, in terms of work accidents and occupational diseases, retirement, Social Insurance Fund in accordance with the amending Law disability and death and family allowances. Ordinance No. 2012-03 of January 11, regulations. The affiliation takes effect from the first n°99-477 of August 2012 amends Articles 22, 50, 95, 149 to 163 ter and completes Article 168. contract of employment of an employee. This 2, 1999 measure is generally complied with by employers although sometimes there are cases of non- compliance. The Ordinance relating to the title of occupation of The provisions of this ordinance applicable to the project are as follows: the public domain is applicable to NEDA sub- Article 1: This ordinance applies to public domain property belonging: projects because certain sub-projects such as the construction of the power line are concerned by the - the State; occupation of the public domain. Indeed, the rights- Ordinance n°2016- - to the territorial collectivises; of-way of certain streets to be asphalted could be 588 of August 03, - public establishments; whether these properties are managed by the public occupied by the population. As part of the execution 2016 concerning owner or by any legal person under public or private law having received a of the sub-projects, NEDA must ensure that the title of mandate from the owner for this purpose. sufficient compensation is provided to purchase occupation of the Article 5: No one may, without having a title entitling him/her to do so, occupy a replacement assets of equivalent value and to meet public domain dependency of the public domain of one of the legal persons of public law any necessary transitional expenses, paid before mentioned in Article 1 of the present ordinance or use it within limits exceeding taking their non-land assets or restricting access to the right of use which belongs to all. them by natural and legal persons who have made investments in the public domain. In case of Article 6: Every occupant of the public domain has, unless otherwise prescribed in discrepancies between certain provisions of this his title, a real right on the constructions and installations of an immovable nature Ordinance and the WB Fundamental Environmental Draft version - June 2022 Page 48 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project that he carries out for the exercise of an activity authorized by his title of and Social Principles, where the national Ordinance occupation. is less advantageous or comprehensive with respect to the compensation rights of the affected Article 7: The occupation or use of the public domain can only be temporary. persons, the NEDA shall apply the WB Principles. Article 8: the authorization of occupation or use of the public domain is precarious and revocable. Article 21: The dependencies of the public domain may be occupied following the obtaining of : - either an Authorization for Temporary Occupation, abbreviated to AOT, classic; - or an Authorization for Temporary Occupation, abbreviated as AOP, constituting a real right; - or an Administrative Long-Term Lease, abbreviated to BEA. Without constituting real rights, Article 22 stipulates that: "precarious and revocable occupancy authorizations may be issued by the State, local authorities, public establishments and legal persons under public or private law who have received a mandate from the public entity to manage part of its public domain: - Either in the form of unilateral acts called road permission; - Or in contractual form called road concession. Article 27: The beneficiary of a Temporary Occupation Authorization is not entitled to compensation in case of damage to public works. This text specifies the conditions and the procedure applicable to expropriation for The Decree on Expropriation for Public Purposes is public utility, namely that expropriation can only be pronounced "if it is for public applicable to sub-projects insofar as the utility", the public utility must be legally established: it is the vocation of the implementation of certain sub-projects may require Declaration of Public Utility (DUP) to legally establish this utility. expropriation. This text and the various laws of the Decree of The main points of the Ivorian expropriation procedure are reflected in the Republic of Côte d'Ivoire form the basis of all the November 25, 1930 following acts: duties of the State in matters of expropriation. This on expropriation procedure applies only to persons with legal for public utility - "Act authorizing the operations", Art. 3, para. 1; property rights (notably a land title). - "Act expressly declaring the public utility", Art. 3, para. 2; - "Public inquiries and projects", Art. 6; Considering that the vast majority of land in rural - Decree of transferability, Art. 5. This order designates the properties to which the areas is not formally registered, the application of expropriation is applicable. The publication and the deadline are defined by this law in certain contexts remains exceptional. articles 7 and 8; Draft version - June 2022 Page 49 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project - Appearance of the interested parties before the Administrative Expropriation Commission (Art. 9) to reach an amicable agreement on compensation. The agreement is the subject of an official report on compensation; - Payment of the compensation (Art. 9) if an amicable agreement is reached. This payment is equivalent to the right of the Administration to take possession of the property, Art. 24 ; - If no amicable agreement is reached, the file is sent to the Magistrate’s Court, which establishes the expropriation compensation on the basis of an expert report, Art. 12 to 16; Pronouncement of the judgment: the judgment is enforceable notwithstanding an appeal and subject to deposit of the compensation, Art. 17. The decree on rules and procedures applicable to the impact of a project on the environment includes a number of articles, the most relevant to this project being Article 2: Are subject to environmental impact studies, projects located on or near areas at risk or ecologically sensitive (Annex III of the decree). Some sub-projects will be subject to an Article 12: Describes the content of an ESIA, a model ESIA is in Annex IV of the Environmental and Social Impact Assessment Decree No. 96-894 decree. (ESIA). The realization of this CIES and this E&S of November 8, Article 16: The ESIA is made public as part of this process and is part of the file screening through the categorization of sub-projects 1996, determining compiled for this purpose. is framed by the Decree determining the rules and the rules and procedures applicable to studies on the procedures The application decree 96-894 of November 1996 determines the rules and environmental impact of development projects. This applicable to procedures applicable to environmental impact studies of development projects; it decree is of paramount importance in the context of studies on the specifies in 4 annexes the particularities related to these studies. the project insofar as it provides a framework for environmental Annex 1: the following are subject to the ESIA procedure environmental and social assessments on the one impact of hand and, on the other, makes it mandatory to development - in the agricultural field: rural re-parcelling projects; consult and involve the population in all procedures projects - in the forestry sector: reforestation operations exceeding 999 ha; and decisions that could have an impact on their - in the field of extractive industries: oil and natural gas exploration and environment. exploitation operations; - in the field of waste management: waste disposal, facilities for storing or disposing of waste, regardless of its nature or the disposal process, uncontrolled landfills receiving or not biomedical waste; Draft version - June 2022 Page 50 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Annex 2: specifies the projects subject to environmental impact assessment: any project related to the areas provided for in Annex II of this decree is subject to environmental impact assessment; the authority empowered to issue the authorization must require the project owner or petitioner to submit an impact assessment in order to evaluate the risk of serious impact on the environment and to decide whether or not to require an environmental impact study. Annex 3: identifies the sensitive sites on which any project must be studied. Annex 4: specifies an indicative model of ESIA report. Decree 98-43 of January 1998 completes these provisions; it relates to Installations Classified for Environmental Protection. In its Article 1, it is stipulated: "factories, warehouses, construction sites, quarries, underground storage, warehouses, workshops and, in general, installations that may present dangers or inconveniences for the protection of the environment are subject to the provisions of this decree. Article 7: measures will be taken by the head of the establishment so that the workers have drinking water at a minimum of six liters per worker and per day. Article 8: The heads of establishments will put washbasins and changing rooms at The sub-projects are related to the Decree on the disposal of their personnel. The washbasins will have to be installed in the General Workplace Hygiene insofar as the special premises isolated from the working premises, but placed near them. The companies involved in these subprojects employ Decree n°98-38 of facilities of changing rooms will be subject to the same requirements in personnel for whom they must ensure hygienic, January 28, 1998 establishments employing at least ten workers. healthy and safe working conditions. Since hygiene relating to the measures are essential for the safety and health of general measures The obligation for the head of the establishment to put changing rooms at the workers in establishments responsible for the of hygiene in the disposal of his personnel, exists when all or part of this one is brought to modify construction and operation of the works planned by workplace his clothing for the execution of his work. the project, the NEDA must ensure compliance with Article 10: The workers, whatever the number, must have a water closet (W.C.). this provision, particularly by the executing These installations must not communicate directly with the closed premises companies and their subcontractors. where the personnel is called to stay. They shall be arranged and ventilated in such a way that they do not give off any smell. A hydraulic interceptor will always be installed between the cabin and the sewage pit. Draft version - June 2022 Page 51 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project In establishments or parts of establishments employing mixed staff, the toilets will be clearly separated for male and female staff, except for those in the offices. Effluents shall, except in the case of temporary installations, such as construction sites, be evacuated either into public sewers or into pits of a model approved by the local health department. Article 11: A suitable seat, chair, bench or stool, will be made available to the worker at his workstation or the nature of the work requires prolonged standing. These seats shall be separate from those that may be made available to the public. The guards will have to have a shelter. Article 2: the purpose of the Environmental Audit is to assess, in a periodic manner, the impact that all or part of the activities, operating methods or Decree n°2005- existence of an organization or work is likely, directly or indirectly, to generate on The decree on the Environmental and Social Audit 03 of January the environment. is applicable for a better management of the E&S 6, 2005 on Article 3: Are subjected, every three (3) years, to the environmental audit, the issues of the program. The application of this Environmental companies, the industries and works, or part or combination of them, of public or decree is not effective on all state projects. Audit private right, sources of pollution, which have their own functional and administrative structure. Decree n°2012- 1047 of October 24, 2012 setting the modalities of This Decree fixing the modalities of application of the polluter-pays principle The activities envisaged within the framework of the application of the specifies that any natural or legal person whose actions or activities cause or are program will generate waste. Therefore, the polluter-pays likely to cause damage to the environment, must resort to clean technologies for construction company will be penalized if the waste principle as the restoration of the environment. Moreover, this principle applies when the generated on the site is released into the defined by Law installation is at the origin of the production of industrial discharges, non- environment without prior treatment. This provision n°96-766 of biodegradable or dangerous waste. is not effectively applied to works companies. October 03, 1996 on the Environment Code Decrees No. 2013- Article 2: It applies to land held on the basis of customary rights, whether Compensation for land under the lines is not 224 of March 22, developed or not, and included in the perimeters of town planning schemes or realized. The Electricity Code and the 2018 Inter- Draft version - June 2022 Page 52 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project 2013 and No. 2014- development operations of general interest, the delimitation of which will have ministerial Order are used to manage compensation 25 of January 22, been the subject of an order by the Minister in charge of town planning. but no compensation governed by the Land Law in 2014 regulating the terms of purging the strip under the line (it is simply Article 6: the purging of customary land rights gives rise, for the holders of these purging of declared to be in the public interest without rights, to compensation, in particular to compensation in cash or in kind. customary land proceeding with compensation or support to rights for public Article 7 (new): The maximum cost of purging for the loss of rights related to the informal occupants). interest use of the land is fixed as follows - 2000 FCFA per square meter for the Autonomous District of Abidjan ; - 1000 FCFA per square meter for the Autonomous District of Yamoussoukro; - CFAF 1,000 per square meter for the Regional Capital; - 700 FCFA per square meter for the Department; - 600 FCFA per square meter for the Sub-Prefecture. Article 9: An administrative commission, set up for the operation, is responsible for identifying the land concerned and its holders, and for proposing compensation (based on the scale set out in Article 7) to the Ministry in charge of Urban Planning and the Ministry in charge of the Economy and Finance. This commission includes representatives of the technical ministries (Urban Planning, Economy and Finance, Equipment and Road Maintenance, Agriculture, Interior), the Mayors of the Communes concerned and the designated representatives of the communities concerned (Article 10). Article 11 (new): The role of the commission is to : - to proceed, after an adversarial investigation, to the identification of the lands included in the perimeter of the planned operation which are subject to customary law and to the census of the holders of these rights; - propose compensation according to the parcel concerned on the basis of the scale set out in Articles 7 (new) and 8 (new); - draw up, finally, a statement including the list of lands to be purged, the holders of customary rights over these lands, and the indemnities and compensation proposed on the basis of the scale set out in Articles 7 (new) and 8 (new). This statement shall be recorded in minutes drawn up by the Secretary of the Commission and signed by each of its members. Draft version - June 2022 Page 53 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Decree No. 2014- This Decree defines all the rules applicable to mining operations, including: This legal text is relevant in the context of the sub- 397 of June 25, projects, because it is planned to exploit borrow 2014 determining - the signing of mining agreements (Title I, Chapter III) - mining titles (Title II) pit(s) for the needs of the works for the realization the terms and of some sub-projects. The exploitation of quarry conditions for the - prospecting authorization (Title III); etc. sites will then have to comply with the regulations in application of the force according to the law on the Mining Code and law on the Mining It will govern the application of Law No. 2014-138 of March 24, 2014 on the this decree Code. Mining Code in the context of the project. Article 11: No noise shall, by its duration, repetition or intensity and vibration, be The works for the realization of certain sub-projects detrimental to the tranquillity of the neighbourhood or to human health, in a public can be the cause of various noise nuisances. For Decree n°2016-791 or private place, whether a person is himself the cause or whether it is through a this reason, the decree relating to the emission of of October 12, person or thing in his care or an animal under his responsibility. neighbourhood noise is applicable to them. The 2016 on the companies in charge of the implementation of these regulation of Article 12: "Any noisy event likely to produce noise emissions of a level higher sub-projects will have to do it by taking into account neighborhood than the norms indicated in article 5 of the present decree shall be subject to prior the measures aiming at not emitting harmful noises noise emissions authorization by the competent administrative authority of the area hosting the which can harm the peace as well as the health of said event..." the residents The construction of works or installations likely to emit pollutants into the air must comply with the legislation in force. The implementation of certain sub-projects is likely Article 14: Any owner of fixed or mobile sources, likely to release pollutants into to emit pollutants into the air. For this reason, the the air, is required to take the necessary measures to comply with the maximum decree on air quality is applicable to them. During limit values established, under the control of a roving commission. the implementation of the work, NEDA must Decree N°2017-125 implement an air quality monitoring program to of February 22, comply with the requirements of this decree. 2017 relating to air Article 16: Any natural or legal person whose activities are likely to affect air The project will ensure the application of the quality quality is required to set up an air quality monitoring program. Environmental and Social Management Plan and the monitoring program in order to avoid air pollution during the works of the present study. Article 17: The operators of classified or unclassified installations are required to comply with the maximum limit values and recommendations of the ministry in charge of the environment or any other competent authority in the matter. Draft version - June 2022 Page 54 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Article 19: When an installation or a work is conceived or exploited without equipment or devices able to prevent and limit the air pollutants at the source, the minister in charge of the environment puts the operator on notice to regularize his situation within a determined time. He can by order suspend the operation of the work or the installation until it is established that it is in conformity. If the operator does not comply with the formal notice, the minister in charge of the environment may, if necessary, order the closure or suspension of the work or facility. The Decree on the powers, composition and Decree n°2020-955 Article 1: "In accordance with the provisions set out in Article 42.1 of the Labor operation of the Occupational Health and Safety of December 9, Code, in all Establishments or companies usually occupying more than fifty Committee is applicable to subcontracting 2020 on the employees, the employer must create a health, safety and working conditions companies. They do not always have an powers, committee." Occupational Health and Safety Committee (CSST) composition and Article 2: "The mission of the health, safety and working conditions committee is within them, except for some that are certified or in operation of the to contribute to the protection of the health and safety of all the workers in the the process of being certified to the ISO 45001 Occupational company and to the improvement of working conditions. It also analyzes the standard. CI-ENERGIES will have to ensure that Health and Safety occupational risks to which workers may be exposed, as well as the working this provision is respected. Committee conditions. . Inter-ministerial The implementation of the program will result in the Order No. The order specifies the modalities of compensation for crops and other destruction of crops and other goods. This legal 453/MINADER investments in rural areas. The Ivorian State has created the conditions for text, which takes into account several elements of /MIS/MIRAH/MEF/M compensating populations in the context of public utility projects, for the replacement cost, is sometimes not CLU/MMG/MEER/M compensation for the destruction or planned destruction of crops and other implemented systematically with regard to updating PEER/SEPMBPE of investments in rural areas, thus repealing all previous provisions, in particular the market price or taking into account tillage - for August 1, 2018 Order example, by reducing it if it is done by family setting the scale of members. compensation for Nevertheless, this text can be used as a reference destruction or 28 of March 12, 1996 fixing the scale of compensation for crops: while taking into account the legal basis for the proposed compensation of property will be the systematic destruction of Article 2: when the destruction concerns constructions or other civil engineering or application of all criteria of the replacement cost crops and other rural engineering installations, the evaluation of these goods is established on the standard. This provides for an amount sufficient to investments in basis of the scales of the competent technical ministries; replace the losses incurred and cover the rural areas and transaction costs, which implies, among other Draft version - June 2022 Page 55 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project slaughter of Article 4: the calculations of compensation are established by the competent things, identifying market prices. This may include livestock. services of the Ministry in charge of Agriculture, on the basis of the present crops, trees, livestock, buildings, etc. affected by decree and after observations carried out by them; program activities. Article 6: The criteria for calculating the value of compensation for each type of crop are the area destroyed, the cost of establishing the hectare, the recommended density, the cost of maintenance per hectare of crop, the yield per hectare, the field price in effect at the time of destruction, the age of the plantation, the number of years of immaturity required before entry into production and the moral damage suffered by the victim; Article 7: the payment of the indemnity is at the charge of the physical or moral person civilly responsible for the destruction; Article 9: all previous provisions to the contrary are hereby repealed, in particular Order No. 028 of March 12, 1996 setting the scale of compensation for destroyed crops. Draft version - June 2022 Page 56 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VII.2.2.2. Additional provisions 97. The legal framework of the project is also based on standards for safety against electrical hazards. These are the following texts: − NI 09.04.002 to 003 on Ivorian standards for electrical conduits; − specifications, rules, standards and instructions in their most recent versions; in particular and without limiting their scope, the standards of the N.F series relating to electrical equipment; − the unified technical documents (UTD) established by the text coordination group and published by the Scientific and Technical Centre for Construction (CSTB); − the requirements of standard N.F.C. 13 100 edition December 2002 relating to HV/LV delivery stations established inside a building and supplied by a public distribution network of second category; − the requirements of standard N.F.C. 15 100 edition of December 2002 relating to low voltage installations, the permanent interpretation sheets of the U.T.E. as well as the U.T.E. practical guides for implementation; − the prescriptions and additives relating to the protection of the workers in the establishments implementing electric currents (decree of November 14, 1988); − the requirements of the NFC 20-010 standards: Extent of protection provided by enclosures (IP code); − the requirements of the NFC 20-015 standards: Extent of protection provided by the enclosures (IK code); − the requirements of the NFC 20-030 standards: Low voltage electrical equipment, protection against electric shocks; − the requirements of standard N.F.C. 61.110: equipment; the requirements of the standard N.F.EN 50173-1 generic wiring systems. VII.2.3. Environmental Management Plan for the program VII.2.3.1. Legal framework - Applicable laws 98. The 2016 Constitution of Côte d'Ivoire guarantees the protection of the environment and sets the rules for its application. The detailed rules of the ESIA are described in Decree No. 96-894 of November 8, 1996, establishing the rules and procedures applicable to studies relating to the environmental impact of development projects. VII.2.3.2. Exemptions from application 99. Projects that are not covered by the ESIA decree may be subject to a notice of categorical exclusion. ANDE must determine whether or not this exclusion is granted within 30 days. Table 3 : National Legal Framework for Environmental Management REGULATORY ACTORS STAGES LINKS WITH THE PROGRAM TEXTS ANDE will intervene in the E&S The National Responsibilities in Decree n° 96-894 certification of any sub-project of Environment the implementation of of November 8, the Program, during the design, Agency (ANDE) of the program 1996 implementation and monitoring of the Ministry of the sub-projects. Environment and Decree 96-894 of Subprojects that may have Sustainable Screening phase 8 November 1996 negative environmental impacts Draft version - June 2022 Page 57 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project REGULATORY ACTORS STAGES LINKS WITH THE PROGRAM TEXTS Development will be analyzed by ANDE within (MINEDD) 30 days. ANDE indicates whether or not an E&S assessment is required Development of the Terms of Reference (TOR) for the E&S Decree n°97-393, Scoping phase assessments by ANDE. The article 11 deadline for this process is 15 days. CI-ENERGIES will designate an Approved Impact assessment Decree 96-894 of Approved Consulting Firm (ACF) to consulting firms phase; 8 November 1996 carry out the E&S assessment in accordance with the ToR; Accredited consulting firms; ANDE Quality assessment Decree 96-894, The E&S evaluation reports will be (interministerial phase of the E&S articles 4, 14 and validated; then an environmental technical evaluation ; article 16 of order from MINEDD sanctions the committee); and decision making November 8, 1996 validation. Time limit of 60 days. CI-ENERGIES MINEDD CI-Energies will implement the Article 39 of the ESMPs of the different E&S CI-ENERGIES and Compliance Environmental assessments of the Program under ANDE Monitoring Phase Code the supervision of ANDE for monitoring. Every 6 months. The decrees and orders regulating the environmental assessment and the implementation of management plans are in line with the provisions of the relevant World Bank key principles. However, the difficulties lie in the effective application of the measures recommended in the context of the actual implementation of project activities in the field. VII.2.4. Social Management Plan for the Program VII.2.4.1. General Remarks 100. The Ivorian constitution of November 08, 2016 declares the equality of all citizens before the law and equal opportunities, the principle of equality in law and explicitly prohibits discrimination (art. 4), torture and humiliating, cruel, inhuman and degrading treatment including violence against women, including genital mutilation (art. 5), human trafficking and child labor (art. 5 and 16), equal access to public and private employment (art 14), the principle of fair working conditions and remuneration (art 15). Draft version - June 2022 Page 58 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VII.2.4.1.1. Legal framework for social management Table 4 : Key legal framework for the social management of the Program ARTICLES OR PROVISIONS RELATED TO THE LEGISLATION OR REGULATION ANALYSIS OF OPERATION AND EFFECTIVENESS PROGRAM'S ACTIVITIES Law n° 99-477 of August 2, 1999 Article 1: The purpose of the Public Service of Social The rate of registration in the social welfare and universal health Portant Code de Prévoyance Welfare is to provide benefits to alleviate the financial coverage services is low in Côte d'Ivoire because of (i) low Sociale as amended by Ordinance consequences of certain risks or situations in terms awareness of the program among the targeted individuals; (ii) the fact that many poor people (up to 60 percent of the poor in N°2012-03 of January 11, 2012, of: rural communities) do not have the administrative documents modified by Ordinance n°17-107 of • Of work accidents and occupational diseases; required for enrollment; and (iii) the limited capacity of existing February 15, 2017 • Maternity; mechanisms to enroll the poor. • Retirement, disability and death; The provision for work-related accidents is enforced in Côte • Family allowances. d'Ivoire, particularly by the organized structures, although some Article 66: is considered as an accident at work, providers try to evade this obligation. The NSIF fights against whatever the cause, the accident occurred by the fact these deviations through controls. CI-ENERGIES will have to or during work to any worker subject to the provisions ensure that the activities of the companies in charge of the of works and their subcontractors are in conformity with this text, in of the labor code. particular by the declaration of the personnel to the CNPS, the application of measures of protection of the health of the workers against the professional risks, and by a rigorous follow- up of the cases of accidents at work Law n°2015-532 of July 20, 2015 According to Article 1, the Labor Code "governs the This law is enforced by the labor inspectorate (the entity on the Labor Code relations between employers and workers resulting responsible for implementing the labor code), which allows from employment contracts concluded to be executed workers or groups of workers to seek recourse in the event of on the territory of the Republic of Côte d'Ivoire. Some non-implementation/complaints regarding the application of the of its provisions apply to apprentices and any other labor code. Nonetheless, failures are common because of the person linked to the company in order to acquire a prevalence of the informal sector. In the formal sector, which is qualification or professional experience". the focus of the NEDA program, these failures are found particularly among day laborers (casual and seasonal workers) Article 2 defines the status of worker or employee as or interns. Within the framework of this project, CI-ENERGIES "any natural person, regardless of sex, race or must appropriate the relevant provisions of this law, ensuring nationality, who has undertaken to place his or her that companies and their subcontractors scrupulously comply Draft version - June 2022 Page 59 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project ARTICLES OR PROVISIONS RELATED TO THE LEGISLATION OR REGULATION ANALYSIS OF OPERATION AND EFFECTIVENESS PROGRAM'S ACTIVITIES professional activity, in return for remuneration, under with it, in particular by respecting the obligations of the various the direction and authority of another natural person stakeholders, the existence of contracts for all workers, and the or legal entity, public or private, called an employer. application of hygiene, health and safety measures, the In determining the status of worker, neither the legal implementation of codes of conduct for workers in accordance status of the employer nor that of the employee shall with the requirements of the WB's ESMP and E&S principles. be taken into account.â€? With regard to hygiene, health and safety at work, Article 41.2 stipulates that "to protect the life and health of employees, the employer is required to take all useful measures that are appropriate to the operating conditions of the business. In particular, he must arrange the facilities and regulate the work process in such a way as to protect employees as much as possible from accidents and illnesses". Similarly, and according to article 41.3, "every employer is required to organize health and safety training for newly hired employees, for those who change jobs or techniques. This training must be updated for the benefit of the personnel concerned in the event of a change in legislation or regulations". Decree No. 98-40 of January 28, Article 1: "The Technical Advisory Committee for the 1998 on the technical advisory study of issues concerning the Health and Safety of While the legal framework is essentially in place, the law is not committee for the study of issues workers established in Article 92-1 of the Labor Code sufficiently implemented and enforced by contractors and relating to the health and safety of has the mission to issue opinions, make proposals construction workers. This lack of rigor in occupational health workers and resolutions on all issues concerning the health and safety has also been identified in some of the events that and safety of workers. occurred in the PTDAE project, which is a precursor to the " NEDA project, also implemented by CI-Energies. Draft version - June 2022 Page 60 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project ARTICLES OR PROVISIONS RELATED TO THE LEGISLATION OR REGULATION ANALYSIS OF OPERATION AND EFFECTIVENESS PROGRAM'S ACTIVITIES It is therefore recommended that CI-Energies include worker health and safety requirements in all contracts related to the implementation of NEDA, including the provision of PPE to all employees and subcontractors. In addition, all non-compliances must be recorded and enforced. This should be the responsibility of the supervising engineer. CI-Energies' E&S safeguards specialists must also audit sites to ensure compliance with legal requirements for worker health and safety. Decree No. 96-894 of November Article 16 outlines the public participation Côte d'Ivoire has a regulatory and institutional framework that 8, 1996, establishing the rules and requirements for the ESIA process. The ESIA is could be improved in terms of environmental impact procedures applicable to studies on made known to the public in two ways: assessment and faces, like other countries in the region, the environmental impact of capacity constraints in the effective application of ESIA. The − first the public consultation, done by the ESIA development projects. capacity problems can be broken down as follows: capacity to drafter, administer, guide and review EIA reports and to monitor and − and the public inquiry by ANDE. follow up on the implementation of environmental management plans (EMPs). (Economic Commission for Africa, 2005). Resources to address this and other environmental challenges are severely lacking (UNEP, 2015). On the other hand, social impact assessment is not systematic. Local communities and other interest groups regularly demand evidence of EIA for new projects in their neighbourhoods. Yet public participation in the EIA process is, in most cases, inadequate due to many factors such as time, money, literacy, language, public presentation, education, cultural differences, gender, physical remoteness, and the political and institutional Draft version - June 2022 Page 61 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project ARTICLES OR PROVISIONS RELATED TO THE LEGISLATION OR REGULATION ANALYSIS OF OPERATION AND EFFECTIVENESS PROGRAM'S ACTIVITIES culture of decision making. (Economic Commission for Africa, 2005). of decision making. CI-ENERGIES and BEA will engage the Program Affected Parties through a plan that will be annexed to the E&S assessment reports. This document will be presented to the PAPs with an open docket for 10 business days in the affected regions. This section compares Côte d'Ivoire's legal framework with the World Bank's land acquisition and resettlement principles. In general, national legislation provides for a process of expropriation of land for public utility projects for land. There are also public consultation processes to verify ownership of expropriated property and to consult on the negative environmental and social impacts of the project. Compensation scales have also been defined by the government for different types of losses, including private and customary land, crops, trees and built infrastructure, etc. However, the compensation offered by the Ivorian expropriator only takes into account the value of the property as established in the applicable provisions but does not explicitly incorporate the update to market value where applicable, transaction costs (transfer costs and other associated charges) whereas the replacement cost used by the World Bank takes into account the amount sufficient to replace the losses incurred and cover transaction costs. Another discrepancy between the national and WB standards is that illegal occupants, or squatters, are not recognized during the national resettlement process. Core Principle 4 and its World Bank criteria provide for assistance to this category of affected persons to restore their livelihoods. Finally, Core Principle 4 and its criteria are more rigorous in terms of public consultation, consideration of the vulnerable, and requiring the establishment of a grievance mechanism to address grievances. Table 3 below outlines the national legislation, the World Bank standards and provides observations based on their similarities and differences. Table 3: Comparison of Côte d'Ivoire's legal framework with the World Bank's Principle 4 (Environmental and Social) Draft version - June 2022 Page 62 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations Law No. 2016-886 of November 8, 2006 on the constitution of the Republic of Côte d'Ivoire stipulates that no one shall be deprived of his or her property except in the public interest and subject to fair and prior compensation. Inter-ministerial Order No. 453/ MINADER/ MIS/MIRAH/ MEF/ Core Principle 4 emphasizes the MCLU/MMG/MEER/MPEER/ of August 1, 2018, establishing need for careful planning and Ivorian law does not the scale of compensation for the destruction or proposed implementation of involuntary explicitly contemplate destruction of crops and other investments in rural areas and resettlement operations so as to resettlement as a Principles of the slaughter of livestock, and specifies that when the losses avoid, if not mitigate, the development objective compensation for relate to constructions or other civil or rural engineering works negative effects of the economic, that will enable affected involuntary the evaluation of the expenses will be established on the basis social and environmental persons to benefit from resettlement of the scales of the competent technical ministries as well as problems generated. Affected sufficient resources to on Decree No. 2014-25 of January 22, 2014 amending persons should be assisted in improve their livelihoods Decree No. 2013-224 of March 22, 2013 regulating the their efforts to improve, or at and overall standard of purging of customary land rights for general interest, which least restore, their original living sets the scales of purging on rural land. livelihoods The Decree of November 25, 1930, on expropriation for public Those affected by the project Those affected by the utility, as well as Decree No. 2014-25 of January 22, 2014, on must receive assistance during project must receive Resettlement the purging of customary rights for reasons of public interest, relocation and follow-up after assistance during Assistance to do not provide for specific assistance to affected persons relocation, in addition to the relocation and follow-up Displaced Persons relocation allowance after relocation, in addition to the relocation allowance Calculation of The compensation rates for crop destruction are established For buildings: cost of materials The compensation Compensation for by the competent services of the Ministry in charge of and labor on the local market offered by the Ivorian Affected Assets agriculture, based on the interministerial order N° based on the principle of expropriator only takes 453/MINADER/MIS/MIRAH/ into account the value of Draft version - June 2022 Page 63 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations MEF/MCLU/MMG/MEER/MPEER/ SEPMBPE of August 01, replacement cost as new, plus the assets as 2018 setting the compensation scale for destruction or transaction cost if relevant. established in the proposed destruction of crops and other investments in rural relevant provisions but Building owners are eligible for areas and slaughter of livestock. does not explicitly compensation for lost buildings incorporate the market such as huts, houses, granaries, value update where latrines, enclosures, etc., even if applicable, transaction When the losses relate to buildings or other civil or rural the building is on a parcel of land costs (transfer costs and engineering developments, the valuation of the assets is occupied without title or not other associated established on the basis of the scales of the competent recognized by customary law charges) whereas the technical ministries, in particular the Ministry of Construction, (case of informal occupants). replacement cost Housing and Urban Planning, and is generally based on the Compensation will take into employed by the World principle of residual value. For land, the owners (title holders) account the type of house and its Bank takes into account and holders of customary rights duly identified in accordance size; for example, in relation to the amount sufficient to with the regulations in force on the subject, will receive fair the durability of the structure. replace the losses and prior compensation; the compensation awarded must incurred and cover the cover all the direct, material and certain damage caused by For annual crops: The transaction costs the expropriation. calculation of the compensation amount for crop products is based on the price (e.g., per kilo, bag, or other) on the local market during the lean season and the average yield per hectare of the crop. Labor costs are included in the calculation. For perennial crops: The calculation of the full replacement value requires that not only the product of the crop in one year be considered, but also the cost of setting up the plantation (seedlings, labor, Draft version - June 2022 Page 64 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations fertilizer, etc.), as well as the income lost during the years needed to set up the perennial plantation, which varies according to the species. For informally occupied land: identification of equivalent replacement land, especially if livelihoods depend on it, where the PAP can legally operate For formal and customary land: market value, transaction cost, including registrations, productive capacity, location, investments, and other benefits equivalent to the land acquired for the project Assistance with relocation prior to moving if necessary Economic rehabilitation if revenues are affected According to the new Article 7 of Decree No. 2014-25 of For Core Principle 4: Cash The two texts are January 22, 2014 on the purging of customary land rights for payment of compensation for convergent in that cash Cash Compensation public interest specifies that everything that can be subject to loss of property is acceptable in compensation is expropriation for public utility provided that the PAP has legal cases where: possible, but it is not a or customary ownership rights gives rise, for the holders of systematic option to a) livelihoods are derived from these rights, to compensation, including compensation in cash land resources, the land taken by offer PAPs for Core whose maximum cost is set as follows Principle 4, especially if the project is a small fraction of Draft version - June 2022 Page 65 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations - Autonomous District of Abidjan two thousand the affected asset and the livelihoods are land- remaining asset is economically based. (2,000) CFA francs per square meter; viable; - Autonomous District of Yamoussoukro: one thousand five (b) active markets exist for land, hundred (1,500) CFA francs per square meter; housing, and labor, displaced Regional capitals: one thousand (1,000) CFA francs per persons use such markets, and square meter; there is an adequate supply of land and housing available; or - Departmental capitals: seven (700) c) livelihoods are not based on one hundred and fifty CFA francs, per square meter; land resources. - Heads of sub-prefectures: six Cash compensation levels will need to be sufficient to finance (600) one hundred CFA francs per square meter; the replacement of lost land and other assets at full replacement cost in local markets. According to the new Article 7 of Decree No. 2014-25 of For Principle 4: Strategies for January 22, 2014 on the purging of customary land rights for resettlement on land should be There is a discrepancy public interest specifies that everything that can be subject to favored for displaced populations between the two texts expropriation for public utility provided that the PAP has legal whose livelihoods are derived concerning or customary ownership rights gives rise, for the holders of from land. compensation in kind. these rights, to compensation, including compensation in cash The criteria for in-kind Compensation in kind whose maximum cost is set as follows Whenever alternative land is proposed, the land provided to replacement of land and - Autonomous District of Abidjan: two thousand CFA francs resettled persons shall have a the replacement cost per square meter; combination of productive criteria for cash potential, geographic compensation in - Autonomous District of Yamoussoukro: one thousand five Principle 4 are not advantages, and other factors at hundred CFA francs per square meter; addressed by national least equivalent to the - Regional capitals: one thousand CFA francs per square advantages of the land legislation. meter; withdrawn. Draft version - June 2022 Page 66 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations - Departmental chief towns: seven hundred and fifty CFA For compensation of land in francs per square meter; urban areas, the pre- displacement market value of - Heads of sub-prefectures: six hundred CFA francs per land of identical size and use, square meter; located in the vicinity of the affected land, plus the cost of registration and transfer fees, must be taken. The two texts converge on the principle of According to Decree 2 013-224 of March 22, 2013 regulating compensation, but a the purging of customary rights for constructions or other civil The standard to be used for divergence appears on Infrastructure engineering developments, the valuation is made on the basis infrastructure compensation is the determination of the compensation of the scale of the Ministry of Construction, Housing and that of "replacement cost". values to be paid, since Urbanism. The principle of residual value is strictly applied the government's do not follow the replacement cost standard. A difference is observed in the actual costs to be Decree No. 2014-25 of January 22, 2014 amends Articles 7, 8 paid. The Ministry of Compensation sufficient to and 11 of Decree 2 013-224 of March 22, 2013 above by Construction evaluates replace losses incurred on the specifying the maximum amounts of the purge for the loss of the prices on the basis basis of market prices per Land valuation land use rights in the chief towns of Districts, Regions, of the national law, square meter plus transaction Prefectures or Subprefectures. Article 8 specifies that the which does not take into costs, according to the full costs of purging customary rights for any public utility project account the criteria of replacement cost standard. are determined by subsequent legislation the valuation in kind and the replacement cost for the cash valuation. Replace on the basis of market Concordance on the Crop Evaluation The interministerial order prices principle of Draft version - June 2022 Page 67 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations N° 453/MINADER/MIS/MIRAH/MEF/ For annual crops: The compensation, but calculation of the compensation important difference on MCLU/MMG/MEER/MPEER/SEPMBPE of August 1, 2008 amount for crop products is the determination of the and in accordance with Decree No. 95- 827 of September 29, based on the price (e.g., per kilo, values to be paid 1995 establishing the rules for compensation for the bag, or other) on the local market because the destruction or proposed destruction of crops and other during the lean season and the methodologies of investments in rural areas, specifies the rules and formulas for average yield per hectare of the evaluation of goods at calculating the compensation rates for crop destruction crop. Labor costs are included in the national level do not This decree updates the compensation rates for the the calculation. correspond to the destruction of crops caused by public utility works. replacement cost For perennial crops: The calculation of the full In fact, according to the The payment of the compensation is the responsibility of the replacement value requires that decree, for mature natural or legal person civilly liable for the destruction. not only the product of the crop perennial crops, the field The sworn agents of the Ministry of Agriculture, in the in one year be considered, but price is applied without a presence of the victims and the person civilly responsible for also the cost of setting up the mark-up coefficient. On the destruction or his representative, shall establish the plantation (seedlings, labor, the other hand, compensation calculations based on the criteria contained in fertilizer, etc.), as well as the according to the same Article 6 of this Order. income lost during the years decree, for immature needed to set up the perennial perennial crops, a mark- Crops not included in the scale shall be assessed amicably plantation, which varies up coefficient of 10% between the parties. according to the species. corresponding to the moral damage (in CFA) is applied. In addition, for annual crops, a mark-up of 10 percent corresponding to moral prejudice (in CFA) is applied and the prices in force are those of the local market. Draft version - June 2022 Page 68 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations Those who can be considered as Landowners and holders affected persons are those who : of customary rights duly recognized under the relevant regulations are a) have formal legal rights to eligible for Any affected person recognized as an owner under current compensation. the land or property legislation is eligible. Also, holders of customary rights, concerned tenants or their duly mandated and identified beneficiaries are However, those eligible for compensation in accordance with the decree of b) do not have formal legal categories of people November 25 on expropriation. rights to the land or who do not have formal property in question, but rights are not formally However, objections to these provisions are possible because Eligibility have claims to the land or eligible under national Article 1 of Law No. 98-750 of December 23, 1998, on property that are or could law. expropriation for public utility, as well as Decree No. 2014-25 be recognized under of January 22, 2014, on the purging of customary land rights national law; these claims for public interest, specify that only the Ivorian State, public may arise from de facto communities and Ivorian natural persons to be owners of land In addition, the World possession or from under the Rural Land Domain. Bank's Fundamental customary or traditional land tenure systems; or Principle 4 does not discriminate in terms of c) have no legal rights or who is considered an claims to the land or affected person. property they occupy or use. Not provided for in the national legal framework Necessary in cases where There is no consistency income is affected; measures between the legal Economic introduced depend on the framework and Core rehabilitation severity of the negative impact Principle 4 as the latter provides for economic rehabilitation. Draft version - June 2022 Page 69 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations For Principle 4, once the need for resettlement is recognized, The public should be The deadline for eligibility is the date of signature of the for a given project, the borrower informed about the decree declaring the site subject to expropriation to be in the conducts a census to identify the boundaries of the project Cut-off date or public interest. It is also stated that any transaction, any people likely to be affected by area affected by the eligibility deadline plantation even seasonal, any new construction even the project and thus determine resettlement to avoid precarious, any work likely to modify the state of the soil are who will be eligible. The start or opportunistic settlement prohibited from the date of the decree. completion date of the census is of non-impacted people. normally the cutoff date or eligibility deadline. Core Principle 4: To ensure that the objectives of the resettlement policy are fully met, special attention is given to vulnerable National legislation does No special provisions for vulnerable people affected by groups within the displaced not specify specific involuntary resettlement in the implementation of investment populations, including people measures for vulnerable projects. living below the poverty line, Vulnerable Groups groups affected by However, there are national provisions that provide for landless workers, women and resettlement operations, assistance to vulnerable groups, particularly in the context of children, indigenous populations, contrary to Core natural disasters ethnic minorities, and all other Principle 4. displaced persons who are not subject to special protection in national legislation. Provides for aid and assistance In contrast to national No protection measures for this in the event that project activities legislation, Core Irregular or Illegal disrupt the living conditions of Principle 4 provides for Category A squatter is a person who has taken up residence Occupants illegal occupants who have compensation to on a piece of land by de facto action and who has never held settled before the deadline. squatters for lost and any form of title to the land. However, persons moving into found, restoration of an expropriated area after the their livelihoods and Draft version - June 2022 Page 70 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations deadline are not entitled to other necessary compensation. assistance for resettlement. Consultation is done, according to national legislation, but not Public consultation is instituted by Decree No. 96-894 of specifically for the PAPs. November 8, 1996, determining the rules and procedures There is a discrepancy. applicable to studies on the environmental impact of The bank's provision development projects. It stipulates in Article 35 that "The focuses on PAPs as public has the right to participate in all procedures and opposed to the national Displaced populations must be provision. Management of decisions that could have a negative effect on the consulted in a constructive complaints and environment.â€? manner and given the Core Principle 4 also conflicts The expropriation of a building or real property rights, for opportunity to participate in the calls for inclusive and example, can only be pronounced if it has been preceded by a entire resettlement process participatory declaration of public utility following an inquiry that helps to consultation. determine the land to be expropriated, as well as to find the In practice, consultation owners, the holders of real property rights and other interested with affected populations parties. does not provide them with the means to actively participate in the resettlement process. The Borrower is responsible for Identifying indicators that the preparation, implementation are Simple, and participatory monitoring of Monitoring and No specific provisions for monitoring and evaluation of The identification of resettlement operations. Evaluation resettlement operations Simple, Measurable, The Borrower's commitment and Achievable, and Time- ability to complete the bound (SMART) resettlement successfully is a indicators for the project Draft version - June 2022 Page 71 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Topics Ivorian legislation Core Principle 4 Observations key determinant of the Bank's in relation to involvement in the project resettlement and livelihood restoration, as well as the monitoring of implementation and the evaluation of results, should be included in a monitoring and evaluation plan Draft version - June 2022 Page 72 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VII.2.4.2. Procedures and requirements for the rights of disadvantaged communities 101. National regulations do not provide for such a procedure specifically for these people. VII.2.4.2.1. Eligibility for compensation through a resettlement and land acquisition program 102. Eligibility is based on Ivorian legal principles and provisions. Eligibility for RAP is guided by the following principles and regulations: − The displacement of people affected by the program is part of the logic of involuntary displacement and must, as such, be done within the framework of the provisions provided for in this regard; − The compensation of PAPs is done independently of their legal status, without discrimination of nationality, ethnic, cultural or social belonging or gender, as long as these factors do not increase their vulnerability and therefore do not justify enhanced support measures. VII.2.4.2.2. Vulnerable groups and individuals 103. Ivorian law does not define a criterion for identifying vulnerable groups and individuals. A single register is being developed (USR: Universal Social Register) that will make it possible to identify this type of person. VII.2.4.2.3. Program Complaint Management Mechanism 104. The GoCI legal and institutional framework does not specifically provide for accommodations related to a redress mechanism, such as a Complaints Management Mechanism (CMM) to address stakeholder concerns over the life of the projects. It has a 15 working day period during the ANDE public inquiry to collect concerns through a registry. During the other phases of the project, complaints are received directly at ANDE. Nevertheless, CI-ENERGIES has experience implementing PGMs in relation to donor-funded projects (WB, AfDB, FDA) during the resettlement and construction phases. In order to harmonize standards for donor and government funded projects, CI-ENERGIES is developing a complaints management manual for all its projects (government and donor funded). VII.2.4.2.4. Specific Complaint Management Mechanism for EAS / HS complaints 105. Côte d'Ivoire has established platforms to fight GBV, set up by the Ministry of Women, Family and Children and which report directly to the National Committee for the Fight against GBV, which is itself under the authority of the Ministry. They are one of the five implementation bodies of the national strategy to fight against GBV, adopted in 2013. 106. The platforms are made up of various governmental actors (Ministry of Women, Family and Children, Ministry of Social Affairs, Ministry of Health, Ministry of Justice, Ministry of Defense, etc.), the mayor's office and the regional council, United Nations agencies, as well as NGOs, local radio stations and various community organizations. 107. The platforms are connected to the GBV hotline (800 00 800) set up by the Ministry of Women, Family and Children. This means that all the cases treated are registered in the national registry and that follow-up is guaranteed until the case is resolved. The national committee for the fight against GBV guarantees this follow-up. Draft version - June 2022 Page 73 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VII.2.4.3. Program implementation mechanism VII.2.4.3.1. E&S monitoring and evaluation system 108. CI-ENERGIES' environmental and social safeguard specialists monitor the implementation indicators of the ESMPs and RAPs of the projects. In addition, CI-ENERGIES' monitoring and evaluation department records all the diligences and other indicators of the ESMPs/RAPs in a log file. VII.2.4.4. Institutional responsibilities for implementing environmental and social management M/E Management Manager Review ESIA, CIES, Environmental and Social ANDE assisted by other institutions Audits Elaboration / implementation by CI-ENERGIES assisted by MCLU by the concerned RDs Draft version - June 2022 Page 74 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION VIII. CAPACITY AND PERFORMANCE OF NEDA PROGRAM IMPLEMENTATION ENTITIES Draft version - June 2022 Page 75 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VIII.1. Assessment of the capacity and performance of actors 109. The data collection and analysis of existing institutional capacity focused primarily on the main program implementing entities CI-ENERGIES and CIE. The World Bank team also assessed ANDE's existing environmental and social management capacity involved in implementing the environmental and social safeguards and safety management of the proposed program. VIII.1.1. CI-ENERGIES 110. CI-ENERGIES' purpose in Côte d'Ivoire is to ensure the monitoring of the management of electrical energy movements as well as the project management of electrical network development works. It is thus about the total electrification of the whole territory to bring electricity to all households; The realization of the networks extensions to supply all the new housing areas; The increase of the share of renewable energies to take into account the constraints of energy transition. The NEDA is therefore an implementation of its mission, and it appears as the main actor of the implementation of the Program. 111. The roles of the various departments in charge of E&S issues are: − E&S Studies Department: It is within the Engineering Directorate which belongs to the Central Planning and Engineering Directorate. This department is responsible for carrying out environmental and social assessments, preparing environmental and social clauses to be included in tender documents, preparing terms of reference (TORs), and internal and external monitoring of the approval of E&S studies. − Environmental Impact Management Department: It is attached to the Central Directorate of Equipment and Works. This service monitors the implementation of the ESMPs, RAPs. It participates in the internal approval of E&S studies and site ESMPs for companies contracting the work. It carries out the agricultural expertise of projects under state financing. − Land department: It is within the electrical heritage department, which is attached to the Central Directorate of Operations and Heritage. This department is in charge of acquiring sites, carrying out land surveys and regularizing old sites that do not have land documents. − Quality and social responsibility department: This department is part of the Internal Audit and Corporate Social Responsibility Department, which reports to the Special Advisor to the CEO. The department manages the Quality Safety Environment (QSE) policy, the CSR policy and all its processes. It drafts the sustainable development report, draws up the process map and the internal procedure manual and identifies the indicators for evaluating the QSE/RSE policy with the QSE/RSE needs to be met. − Monitoring and evaluation department: This department is within the Project Monitoring and Control Department which reports to the Special Advisor to the Director General. It monitors and evaluates projects in order to inform the general management on the technical progress and reporting on the actual status of the various projects throughout their cycle. He/she evaluates the PHSSE and the risks on the projects, carries out the reporting of all the indicators on the projects including E&S and HSE. He/she is responsible for the Health, Safety and Environment (HSE) follow-up of all works within CI-ENERGIES. 112. During the evaluation period, the ESSA highlighted the inadequacy of CI-ENERGIES' existing capacity, due to their current organization, to carry out all the environmental, social, and safety safeguards management practices that are required to address these issues during NEDA implementation. Draft version - June 2022 Page 76 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project 113. Challenges and gaps highlighted during the evaluation period include: − Insufficient technical knowledge and capacity to ensure project compliance with environmental, social, and safety measures and standards; − Insufficient environmental and social safeguards specialists and safety officers in place; − Little coordination with different organizations on environmental, social, and safety management programs to address issues that may arise during the NEDA implementation period; − Inadequate communication among departments responsible for environmental and social issues; − Insufficient qualified personnel to address HSE issues; − Insufficient number of specialists in social safeguards; − Insufficient knowledge and training on environmental, social and safety management of subcontractors; − Insufficient consultation process with PAPs and compensation arrangements; − Occupational Safety Risks: Due to the sensitivity and nature of the NEDA project, occupational safety risks were the main risks highlighted during the evaluation period. Some of the capability gaps that require attention are: o Non-compliance in contract management with subcontractors (Ex: Insufficient PPE); o Insufficient awareness of safety precautions and management by all parties; o Insufficient logistics and human resources allocated to the management and monitoring of safety, environment and social safeguards at all levels which are influenced by regular inspection and monitoring of program activities. VIII.1.2. ANARE-CI 114. The National Electricity Regulatory Authority of Côte d'Ivoire (ANARE-CI) is responsible for monitoring compliance with laws and regulations as well as agreements, settling disputes, protecting users of the public service, and advising and assisting the State in regulating the electricity sector. It does not have a service and expertise in the management of environmental, social and safety issues. However, its consumer service ensures the preservation of the interests of users of the public electricity service and the protection of their rights through arbitration and mediation in the event of disputes. Several means are available to the consumer to seize this service. It will play this role in the operational phase of the NEDA. VIII.1.3. CIE 115. The Compagnie Ivoirienne d'Électricité (CIE) is the concessionaire of the national electricity utility, in charge of the operation of the public assets of the electricity sector used for the production, transport, import, export and distribution of electricity for service to customers. In the NEDA program, it is responsible for the connection of households. All its activities have the triple certification Quality-Safety-Environment. 116. And this approach is now reinforced by taking into account the principles of corporate social responsibility (CSR), following the recommendations of the ISO 26000 standard. As a result, all its regional delegations have QSE managers to address environmental, social and safety issues. The challenge will be to satisfy households in a timely manner, in order to meet the expectations of communities who complain about the response times of CIE teams and untimely power cuts. Draft version - June 2022 Page 77 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project VIII.1.4. ANDE 117. ANDE's mission is to ensure that environmental concerns are taken into account in the Policies, Plans, Programs (PPP) and development projects initiated in Côte d'Ivoire. It ensures the establishment and management of a national environmental information system. 118. ANDE is therefore in charge of developing TORs for E&S assessments and monitoring the implementation of ESMPs. It has insufficient capacity (staff, equipment and financial resources), particularly in the direction of the Regional Directorates in the interior of Côte d'Ivoire for monitoring the implementation of the Program Action Plan. Draft version - June 2022 Page 78 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION IX. PROGRAM RISK ASSESSMENT Draft version - June 2022 Page 79 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project IX.1. INTRODUCTION 119. This risk management and rating mechanism meets the objectives of harmonizing country and World Bank environmental and social procedures applicable to NEDA and ensures the successful implementation of the program with zero or limited risk that will be addressed and mitigated through best management practices. 120. Based on the findings of the ESIA, the following table consolidates the risks discussed, and the measures proposed to mitigate these risks. 121. The overall risk rating from an environmental and social safeguard perspective is MODERATE. 122. The overall risk assessment in relation to the program activities is described in the following table. IX.2. PROGRAM RISK ASSESSMENT 123. The following table presents the identified and assessed risks and the proposed measures to mitigate them. Draft version - June 2022 Page 80 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Table 5 : Assessment of the NEDA program's ability to manage environmental and social risks Risk Description of the risk Impact Management Measures Magnitude Probability Assessment Priority Action Plan Mixed environmental and social commitment Creation of a single central entity (Directorate/Division) within CI-ENERGIES Moderate Likely high of CI-ENERGIES' top management directly linked to the General Management, which will be responsible for managing E&S issues including occupational health and safety for all activities. The use of minors as forced or illegal migrant Human resources management plan (hiring procedure); Slight Likely Low labor CI-ENERGIES inspection schedule; The approval process for the environmental The program will need to identify blockages in the approval process and resolve Likely and social report may delay the Slight Low them as soon as possible by contacting the appropriate departments or resources. implementation of the program Community and worker health and safety management plan Deterioration of community and worker health and safety (including transmission of Stakeholder Engagement Plan Moderate Likely high communicable diseases - HIV, COVID-19) ESMP Site ESMP MGP CI-ENERGIES Increase in gender-based violence (GBV), The National Committee for the Fight against GBV; including sexual abuse (SA) and sexual Complaint management mechanism with resolution channels for SA/HS Moderate Unlikely Medium harassment (HS) complaints using a survivors' based approach;; Cultural heritage management plan Disruption of tangible or intangible cultural ESMP Moderate Unlikely Medium heritage ESMP-Worksite ESMP; Failure to ensure public and worker safety, ESMP-Site; Moderate Unlikely Medium which may result in injury and death. Ensure the adoption and application of occupational health and safety directives and compliance with the requirements of the Labour Code Risks of loss of income and livelihoods for Compensation policy framework following the principles of compensation and those affected by the program due to land compensation of impacted assets at replacement cost as per Table 6 (Program Slight Likely Low acquisition and inadequate compensation. Recommendations. (associated negative effects) Draft version - June 2022 Page 81 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Risk Description of the risk Impact Management Measures Magnitude Probability Assessment Stakeholder Engagement Plan Resettlement Policy Framework (RPF) that complies with national legislation and Principle 4 WB E&S Resettlement Action Plan (which follows the principles identified in the CPR) Have procedures for program integration and inclusive participation and consultation to ensure equitable and fair treatment of the resource poor and vulnerable groups. Exclusion of vulnerable groups Slight Likely Low Strengthen capacity to identify vulnerable groups and underserved populations Consultation document including specific actions taken for equitable treatment Stakeholder Engagement Plan Increase in family or community conflicts resulting in impacts on community or social Community health and safety management plan Moderate Unlikely Medium cohesion Effective, accessible and transparent complaint management mechanism in place • ESMP; • ESMP-Site; • Educate and train workers on workplace health and safety procedures Failure of the health and safety management • Have all necessary safety equipment and PPE available system during construction and operation • Provide an adequate budget, logistical facilities, and technical staff for regular supervision, Moderate Unlikely Medium No or low awareness of safety precautions • Reinforce the application of health and safety provisions during the and management among workers and construction and operation phase of the program community members. • Follow standard procedures during the implementation of program activities • Include health and safety clauses in all consultant and contractor contracts • Apply penalties for non-compliance. • Apply penalties for non-compliance. Political or institutional changes at the • Plan the implementation of the work in relation to the political calendar national or regional level may increase the • Establish a local monitoring committee to oversee implementation at the Slight Unlikely Very low risk of project delays, non-completion. local level. Draft version - June 2022 Page 82 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project The classification was made according to the following table. Table 6 : Risk classification Magnitude Probability Slight Moderate High Unlikely Very low risk Very low risk Medium risk Unlikely Very low risk Medium risk Very high risk Likely Low risk High risk Very high risk Very likely Low risk Very high risk Very high risk Draft version - June 2022 Page 83 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION X. RECOMMENDATIONS Draft version - June 2022 Page 84 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project X.1. INTRODUCTION 124. This section examines possible ways to turn these gaps and opportunities into a viable strategy for strengthening environmental and social management capacity and performance at the national, regional, and local levels, particularly those that matter for the implementation of the NEDA program. 125. The ESSA action plan proposes actions associated with the core principles, the main areas of which are: strengthening the environmental and social assessment system, institutional capacity building measures, reporting procedures, coordination, awareness raising, and resource allocation. In some cases, improvements may be enhanced by the adoption of new national regulations; these have been highlighted, although it is not NEDA's role to drive them. This action plan will be integrated into the Program's priority action plan. The ESSA therefore highlighted the following key recommendations for environmental, social and safety due diligence in the NEDA Program. X.2. MEASURES FOR PROGRAM PERFORMANCE 126. In terms of environmental and social management, it is envisaged that country systems will be used while adhering to the bank's core principles and requirements. Implementation of the recommendations summarized in the following table will help meet these criteria. Table 7 : Program Recommendations Assessments System Recommendations National Level The agency responsible for Recruitment, training, and capacity building of all those who will implementing the country's be involved in the process of preparing, validating, and environmental and social system is monitoring the implementation of safeguard instruments. understaffed. Development of power sector specific technical guidelines for The deadlines indicated in Decree No. environmental screening and implementation of ESMPs at the 96-894 and Decree No. 97-393 for the ANDE level. implementation of the various stages of Affected communities should be consulted in an inclusive the environmental and social process manner, including women and vulnerable groups, and these are not met. consultations should be documented. Monitoring of E&S aspects is not effective; Incomplete implementation of the overall management of environmental and social safeguards; CI-Energies level Insufficient resources, particularly in Creation of a single central entity (Directorate or Division terms of the number and training of CI- attached to the General Management) within CI-ENERGIES that ENERGIES staff. will manage environmental, social, health and safety risks and Insufficient coordination and overlap impacts. of activities and responsibilities between the different departments in Training and capacity building of personnel in charge of charge of environmental and social preparing, implementing and monitoring environmental and social safeguards (Environmental and safeguards instruments as well as incident and accident Social Studies, Environmental and management. Social Impact Management, Land Management, Quality and Social Responsibility, Monitoring and Recruitment of staff dedicated to the management of the social Evaluation). aspect, including monitoring. Draft version - June 2022 Page 85 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Assessments System Recommendations Insufficient number of social safeguard Development and implementation of E&S safeguards specialists. management systems for all CI-ENERGIES activities; No procedural guidelines on the waste Implement a comprehensive and disseminated CMM. management plan, Lack of a CMM applicable to all CI- ENERGIES activities. Risks: Weak environmental and social commitment of top management Non-management of used transformers. The approximate management of accidents and incidents Lack of formalized natural habitat The program will exclude activities that would substantially management plan and PCRs; degrade or convert natural habitat and affect physical cultural Lack of competence and to apply this resources; natural habitat management mechanism on all activities; Non- existent resources to implement incidental finding procedures; Develop documented guidelines and develop an outreach plan to improve the management and conservation of natural habitats Risks: and physical cultural resources. Degradation or conversion of natural habitats; Loss of physical cultural heritage and biodiversity areas. Insufficient resources (technical staff, Provision of an adjusted budget to meet the need for logistics and provision of safety equipment, budget) ; technical staff for regular supervision. Lack of awareness of public health and safety issues, particularly with respect Establish a community awareness program on safety issues to electrical exposure and workplace related to electrical equipment installed in the community. safety aspects; Incorporate health and safety issues into subcontractors' No or limited availability of protective contractual agreements. materials in the workplace; Risks: Workplace accident Lack of a formal and effective CMM Avoid or minimize any activities requiring resettlement within the Lack of proper land acquisition NEDA program. procedures; Ensure that compensation and livelihood restoration takes into account the following principles: Compensation (replacement cost) not • Compensation sufficient to purchase replacement truly comprehensive property of equivalent value and to meet any necessary Ivorian law does not compensate transitional expenses, paid prior to land taking or access occupants of the public domain and restriction. does not provide for compensation on • Providing additional enhancement or restoration the line right-of-way; measures if the land taking results in a loss of income- Draft version - June 2022 Page 86 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Assessments System Recommendations generating opportunities (e.g., loss of agricultural No livelihood restoration plan; production or employment). • Identify and address economic or social impacts caused Risks: by land acquisition or loss of access to natural resources, Impossibility of fair compensation due to including those affecting people who do not have legal restrictive use of compensation laws (no rights to the resources they use or occupy. compensation of land under lines); • Restore or replace public infrastructure and community Risk of legal action; services that may be affected by the Program. Affected communities must be consulted in an inclusive manner, including women and vulnerable groups, and these consultations must be documented Compensation and the provision of livelihood restoration and transitional support must be completed prior to the start of construction. - Ensure compensation for replacement cost through the implementation of the following measures: • Systematically updating state scales for property compensation to market value based on independent and competent valuation; • Discounting of compensation rates in project areas where inflation is high or the time lag between the calculation of compensation rates and the payment of compensation is significant; and • Consideration of the undepreciated value of substitute materials and labor to be used where applicable, plus transaction costs. The latter include administrative costs, registration or deed fees, reasonable moving expenses, and any other similar costs imposed on those involved • In the case of annual and perennial crops, government rates will be adjusted to market prices and will take into account the cost of inputs and tillage. • In the case of perennial crops, the following criteria will be considered: o The scale and market value for the tree taking into account its productivity (young, medium or mature tree), including the plant, tillage, initial fertilization, maintenance; and The annual yield of the tree multiplied by the maximum market price of the product multiplied by the number of years required to enter production. Enter into an agreement with CI-Energies through the Program Action Plan to use compensation principles that are aligned with the World Bank's Principle 4 for NEDA. In the case of land with annual or perennial crops, CI-Energies will identify and provide impacted people with equivalent land Draft version - June 2022 Page 87 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Assessments System Recommendations close to their place of residence if it is formally or customarily owned. If farmers occupy the land informally, CI-Energies will provide equivalent land on lease for a period of one year plus a security deposit where applicable. If businesses are located under the lines (informal occupation), CI-Energies will, in consultation with the impacted person, find a formal business site where the establishment can be formally set up for a period of one year plus the security deposit. If there are informally established houses or other structures under the power lines (informal occupation), CI-Energies will find a rental suitable to the needs of the impacted person and/or household for a minimum period of six months plus the security deposit. If the period where the impacted person is suffering from the impact is longer than six months, the support will have to be provided for the whole period where the damage is endured. Creation of a budget or funding source specifically dedicated to compensation payments. Identification and inclusion of vulnerable -Establish a procedure for equitable and fair treatment of groups, meaningful consultation and vulnerable groups documentation -Ensure that women's groups in the community are adequately represented in compensation arrangements; Risks: -Training of MGP focal points in the program's intervention zones Exclusion with the inability to improve to take into account the grievances of illiterate and vulnerable the living environment of poor and community members; vulnerable groups. -Sensitization of the community and the most vulnerable communities to the procedures for accessing the MGP, understanding how the MGP works, time limits, etc. -Ci-Energies should also include in its policies and procedures manuals, specific provisions: - to ensure fair treatment of vulnerable groups that may be affected by NEDA ; - to guide the identification of vulnerable groups and adequate consultation and participation measures; MGP robust with a program It is necessary to have a CMM, to sensitize communities on the communication plan. functioning of the CMM, to familiarize them with the CMM focal points, the deadlines, etc. Risks: -Development of discontent ; Risk of vandalism to infrastructure X.2.1. Monitoring and evaluation 127. The Monitoring and Evaluation system aims to ensure efficient management of the Program's E&S safeguards by producing information on the monitoring of the implementation of expected or unexpected impact mitigation measures, and guidance for better decision making for their adjustment. Each stakeholder (DGE, CI-ENERGIES, CIE, or CI-ENERGIES subcontractors) will be able to develop its own monitoring and evaluation system for E&S aspects that will feed into the results of the monitoring and evaluation activities that will be linked to the PforR disbursement process. Draft version - June 2022 Page 88 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project X.3. TRACEABILITY X.3.1. Monitoring 128. The monitoring of the Program's E&S aspects will consist of collecting information (the ESMP implementation reports and any RAP) at regular intervals, with a view to assessing the progress made in relation to the performance indicators defined at the planning stage on the impact of these aspects. 129. The assessment of the implementation of the recommendations on the E&S aspects of the Program as well as the achievement of the expected results will be done quarterly and will focus on the validated indicators of the results framework on the E&S aspects. X.3.2. Evaluations planned over the duration of the program 130. The evaluation of the implementation of the E&S recommendations will also be done at mid-term and at the end of the program in order to assess the expected effects of the E&S recommendations of the program The results, especially of the mid-term review, will be used to inform the reflection on the orientation of the recommendations if necessary or the strengthening of actions for continuous improvement of the implementation. 131. The evaluation of the impact could be documented through studies and research that will be conducted a few years (6 months) after the end of the Program by CI-ENERGIES. X.4. ACTION PLAN 132. The Table 8 following presents the actions that the ESSA recommends be included in the Program Action Plan (PAP) which is based on the results of the national system evaluation. Recommendations and actions on managing environmental and social safeguards and security issues will be part of the overall program action plan. Draft version - June 2022 Page 89 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Table 8 : Recommended action plan to address potential environmental, social and safety risks/impacts Level of No Action to be taken Activities Progress Indicators Managers Timeframe Results implementation Environmental, Social and Safety Management System (ESMS) - NEDA-ESSA 1 Development and The Environmental, Social and Safety • Percentage (100%) of • At the level of ANDE, CI- • The SMESS will be Establishment and implementation of an Management System (ESMSS) will program sub-projects the regions ENERGIES, CIE established and strengthening of E&S safeguard be implemented at CI- Energies for reviewed for environmental covered by the functioning before SMESS management system NEDA and social safeguard program (RD the Program comes for CI-ENERGIES' documentation MINEDD, RD into effect. NEDA activities. requirements. Energies, • SMESS will be • Percentage (100%) of RD strengthened safeguard documents Construction, throughout the completed. DR Agriculture ; program • Percentage (100%) of RD Water and implementation actions consistent with Forestry; period. safeguard documents SODEFOR prepared. Prefectures; • At the national level (ANDE, CI- ENERGIES) 2 Recruitment, training Environmental and social safeguards At least one environmental At the national and CI-ENERGIES During the Team (SS E and S, and capacity building and occupational health and safety and social safeguard specialist regional level implementation of the HSE) in place of all those who will be (OHS) specialists will be recruited and and at least one occupational program (beginning responsible for maintained at CI-ENERGIES level. health and safety specialist of the effectiveness of monitoring E&S are recruited at the CI- the program) measures and other ENERGIES level. safeguard Recruitment and training of Resettlement specialists Existence of a instruments; resettlement specialists for the recruited and trained at CI- resettlement program according to World Bank ENERGIES procedure according Principle 4. Functional Complaint to the World Bank's Management Mechanism principle 4 by a specialist. 4 Creation of a single • Reorganization of the CI- • A new organization chart At all levels CI-ENERGIES • Annually at the • A validated and central entity ENERGIES organization chart integrating the creation of (national and end of each fiscal functional (Directorate/Division) a central regional) year organization chart. within CI-ENERGIES Directorate/Division for directly linked to the CEO, which will be E&S aspects. responsible for managing E&S issues including occupational Draft version - June 2022 Page 90 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Level of No Action to be taken Activities Progress Indicators Managers Timeframe Results implementation health and safety for all activities. 5 Integration of detailed • Drafting of contracts that include • Percentage (100%) of At all levels CI-ENERGIES During the execution • Contractual considerations/articles the implementation of E&S contractual agreements for (national and of the Program agreement with on E&S, health and safeguards. NEDA that address health program coverage consideration of safety, requirement for and safety regulations or region) E&S safeguard worker codes of sections. issues. conduct that include • Site inspection schedules • Semi-annual EAS/HS non- and reports inspection reports tolerance in all work on E&S aspects contracts for NEDA 6 Sensitize communities CI-ENERGIES will organize Information Session Report At the level of the CI-ENERGIES During the Report on to the social, information sessions for the NEDA implementation period sensitization of environmental and communities affected by the implementation of the Program impacted or safety impacts of sub- Program's sub-projects on the E&S area beneficiary projects and safety impacts of the sub- communities projects. 7 Strengthen the • Draft a comprehensive CI- • Establishment of the CMM At the level of the CI-ENERGIES, • the first year of the • Existence of a complaint ENERGIES CMM for all Committee; NEDA program robust CMM. management investments implemened by CI- • Community Outreach implementation area • Throughout the • CMM mechanism (CMM) Energies Report; program Implementation system • Sensitize communities on the • Percentage (100%) of Report functioning and focal points of the complaints addressed. CMM • Have a complaints register • A CMM committee will be and full information on established to receive, investigate complainants; and address complaints about • Establish a complaints loss of livelihoods, income or handling procedure that assets, dissatisfaction with includes meeting with services, etc. complainants for feedback. 8 Preparation of a CPR • CI-Energies will prepare a CPR that • All resettlement plans for At the level of the CI-ENERGIES • The CPR shall be • All NEDA PAPs are for all NEDA program will guide all relocations, economic sub-projects are prepared in NEDA prepared during compensated in resettlement activities and physical displacement, and accordance with the CPR implementation area project accordance with that complies with loss of use of access to areas At the NEDA implementation preparation and the approved RPC both national related to NEDA funding. area level prior to the start of legislation and the construction World Bank's E&S activities. Principle 4 according to the Comparison Table between Côte d'Ivoire's legal Draft version - June 2022 Page 91 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Level of No Action to be taken Activities Progress Indicators Managers Timeframe Results implementation framework and the World Bank's Principle 4 (see Table 3). 9 Identification and • Collaborate with social DRs to Percentage (100%) of At the level of the CI-ENERGIES, • Throughout the • The list of inclusion of vulnerable access the local register of vulnerable people in the NEDA RD Social program vulnerable groups groups, meaningful vulnerable people benefiting from program area identified; implementation area Protection in the NEDA zone consultation and the Social Safety Net Program. to be integrated documentation. into the program is known. Draft version - June 2022 Page 92 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project SECTION XI. CONSULTATION AND DISCLOSURE OF THE REPORT Draft version - June 2022 Page 93 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project XI.1. INTRODUCTION 133. The World Bank, through its consultants, organized consultations with representatives of CI- ENERGIES (CRT & HSE), decentralized structures (Regional directors (RD) for Energy & Petroleum; Construction, Agriculture, Social Protection, Water and Forests, Mayors, Prefecture, the regional council and the private sector (RD CIE Korhogo) and local communities to present the NEDA Program. 134. The objectives of the consultations were to − Ensure that program stakeholders had full information on the scope, timing, expected impacts and proposed management measures of the program; − Solicit input, comments and/or confirmation from stakeholders on the evidence base and assumptions used to prepare the ESSA report, for example, with respect to the application of laws and regulations in practice; − Provide an opportunity for stakeholders to clarify the basis for any judgments made by the Bank team on the adequacy or acceptability of any aspect of the E&S impacts of the program or proposed management measures; and − Provide an opportunity for stakeholders to propose alternative management measures. 135. Thereafter, throughout the duration of the Program, CI-ENERGIES will be responsibleÌ? for organizing consultations on specific Program activities. XI.2. STAKEHOLDER MAPPING 136. This program has a specific character implements key stakeholders which are: CI-ENERGIES, DGE, ANARE at the central level, and CI-ENERGIES (CRT and HSE), CIE, RDs, Councils, Prefecture Regional Boards at the local level. Our consultation focuses on these stakeholders who constitute the operational part of the program. Two regions of the NEDA implementation area have been selected for the consultation. 137. These are: − The Poro region (Korhogo) (Dorkana commune of Korhogo, Kpatarakaha); − The Tonpki region (Dolé and Cascade). XI.3. METHODOLOGY 138. The methodology was to implement two types of participation: − Participation by information transmission (formal interview with local administrative authorities) and ; − Participation by consultation (exchange group with customary authorities): as the program was conducted throughout the north of the country, the choice of the sample to be consulted was based on the geographical situation (one practical village in urban area and another in rural area); − The meetings with the stakeholders took place in the respective premises of the administrative structures, except in Man where the meeting was held at the Prefecture, in order to collect the various opinions, concerns and suggestions regarding the implementation of the program. 139. The results of all these consultations are included Appendix 12 in this report. XI.4. DISCLOSURE 140. The final revised version of the ESSA will be publicly disseminated through the World Bank's external website and CI-ENERGIES' communication channels. Draft version - June 2022 Page 94 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project ANNEXES AND REFERENCE DOCUMENTS Draft version - June 2022 Page 95 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 1 : Core Principles Core principles Title and content Core principle 1 General principle of environmental and social management. This principle aims to promote environmental and social sustainability in the design of the Program; to avoid, minimize or mitigate negative impacts; and to promote informed decision- making regarding the environmental and social impacts of the Program. Core principle 2 Natural Habitats and Physical Cultural Resources. This principle seeks to avoid, minimize, or mitigate adverse impacts of the Program on natural habitats and physical cultural resources. Core principle 3 Public and worker safety These principles are intended to promote public and worker safety with respect to potential hazards associated with: (a) construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and other hazardous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas subject to natural hazards Core principle 4 Land acquisition. This principle aims to manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and helps affected people improve, or at least restore, their livelihoods and standard of living. Core principle 5 Indigenous peoples and vulnerable groups. This principle aims to give due consideration to cultural appropriateness and equitable access to program benefits, with particular attention to the rights and interests of Aboriginal peoples and the needs or concerns of vulnerable groups Core principle 6 Social conflicts. This principle aims to avoid exacerbating social conflicts, particularly in fragile situations, post-conflict areas, or areas subject to territorial disputes. Draft version - June 2022 Page 96 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 2 : CI-ENERGIES organizational chart Draft version - June 2022 Page 97 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 3 : Organization of the electricity sector in Côte d'Ivoire Source: CI ENERGIES, 2018 Draft version - June 2022 Page 98 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 4 : Electricity sector in Côte d'Ivoire by type of energy Source: CI ENERGIES, 2018 Draft version - June 2022 Page 99 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 5 : Proposed Locality Funding Program PROPOSITION DE PROGRAMME DE FINANCEMENT DES LOCALITES Année planifiée pour Coût extension Année Nbre Tot localités électrifiées Taux de couverture Nbre de localités électrifiées/an Répartition/anTot ext/an extension (à partir de 7 ans) M FCFA HT 1960-2011 2847 2020 185 055 37011 2012 2881 34% 34 2020 2 210 2 210 49 036 2013 3032 37% 151 2020 9 815 9 815 2014 3282 43% 250 2021 16 250 16 250 53 261 2015 3497 48% 215 2022 13 975 13 975 50 986 2016 3785 53% 288 2023 18 720 18 720 55 731 2017 3958 54% 173 2024 11 245 11 245 48 256 2018 4160 58% 202 2025 13 130 13 130 13 130 2019 5859 69% 919 2026 59 735 59 735 59 735 2020 6778 80% 919 2027 59 735 59 735 59 735 2021 7274 85% 496 2028 32 264 32 264 32 264 2022 7777 91% 503 2029 32 667 32 667 32 667 2023 8279 97% 503 2030 32 667 32 667 32 667 2024 8433 99% 153 2031 9 966 9 966 9 966 2025 8518 100% 85 2032 5 537 5 537 5 537 Total 502 970 A partir de 2021, le taux de N.B couverture prévisionnel est extrait du doc chiffres clés DPL/Service Planification & Programmation Distribution Electrification Rurale Draft version - June 2022 Page 100 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 6 : Geographic map of the location of rural electrification Draft version - June 2022 Page 101 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 7 : Public consultations: list of people met in Man Draft version - June 2022 Page 102 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 103 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 104 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 105 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 106 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 107 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 8 : Photos of the consultations with the Prefect of the TONKPI region (Man) and the regional directors of technical structures Appendix 9 : Photos of consultations with the populations of Drolé (non-electrified village of the Sub-prefecture of PODINGOUINE, Department of Man) and of the Cascades neighborhood in the commune of Man. Draft version - June 2022 Page 108 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 109 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 110 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 111 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 10 : Attendance list meeting in Dorkana (Korhogo) NEDA PROGRAM Date : Place DORKANA, KORHOKO COMMUNE Names and Surname Role Area Number signature SORO PAHANA Village head 07 09 86 97 52 KONATE ZANA AMADOU local resident 07 78 14 58 51 YEO INZA 05 76 32 56 56 SORO MAMADOU Youth Chairperson 05 44 72 60 01 TENIN MOGO COULIBALY 05 46 96 11 21 SOWA YEO 07 78 72 50 90 COULIBALY ADAMA 0143 50 35 73 COULIBALY KAFANA 01 43 54 98 11 YEO SEYDOU SORO NIGOTIAN 01 51 72 33 16 SORO ALAMA 05 55 24 96 35 SORO SEYDOU 05 05 18 29 50 SORO NAMBEGUE 07 09 77 08 24 SEKONGO SERIKI 05 45 92 16 27 YEO LAIFARA 01 41 24 11 58 YEO DONISONGUI TCHONGOLOTIA 05 46 76 43 40 NOUGONOU SORO Secretary 05 55 46 92 80 TUO NANGADOUROU 05 04 40 52 49 SORO NAMOGO 05 55 01 41 57 COULIBALY 05 55 69 60 62 KONE IBRAHIM 05 04 31 98 10 Draft version - June 2022 Page 112 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 11 : Attendance list for meetings in Korhogo NEDA PROGRAM Date : 30 March 2022 Place KORHOKO Names and Surname Role Area Number signature N’DRI YAO CLAUDE DRPS-PORO KORHOGO 07 07 70 96 18 SOUMAHORO YACOUBA T-HSE KORHOGO 07 07 89 36 91 ADERPATE RUTHE BENEDICTE AGENT KORHOGO 07 07 38 07 33 NICK AZAH BA ABIDJAN 07 07 80 02 04 FO BOGNAN RPS KORHOGO 01 40 18 38 03 BAMBA YACOUBA DR KORHOGO 01 40 45 33 63 Draft version - June 2022 Page 113 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 12 : Results of the public consultation Summary of the concerns of the stakeholders consulted Date of meetings : March 30-31 and April 01, 2022 Opinions and Environmental and social Institutions/ N° Points discussed perception on management and Concerns and fears Suggestions and recommendations Services the project resettlement capacities 1 Regional − Presentation of − Favourable − Lack of qualified − Non association of the services of − Involve CI-ENERGIES in the Council the NEDA and opinion personnel the Regional Council by CI- implementation of the project, its financing ENERGIES particularly in the identification of − The project is − Need for logistics method (PforR) villages; beneficial (vehicles) to travel to the − Environmental because the work sites − Grant logistical means to be able to and social council has follow without implementation issues rural electrification − Follow-up of the projects that it implementation is struggling to implement 2 Council − Presentation of − Favourable − Lack of qualified − Problems with the extension of the − Support for the opening of roads in the the NEDA and opinion personnel for the electricity network in certain new districts of the commune its financing environmental and social neighborhoods due to anarchic − The project is − Effective implementation of the project method (PforR) monitoring of the construction on the roads where beneficial projects the electricity poles are installed − Prompt payment of compensation by the − Environmental because some government and social peripheral − Need for logistics − Delay (or absence) in the effective issues neighborhood (vehicles) to move implementation of development − The World Bank will have to follow up s, especially around within the projects with the government for the prompt − Follow-up of the the new ones, framework of the project payment of compensation. implementation − Non-payment of compensation by are not yet the government − Strengthen the capacity of local actors connected to on the specificity of the project the electricity network Draft version - June 2022 Page 114 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Opinions and Environmental and social Institutions/ N° Points discussed perception on management and Concerns and fears Suggestions and recommendations Services the project resettlement capacities 3 RD MINEDD − Presentation of − Favourable − Insufficient qualified − CI-ENERGIES did not consult the − Seize the RD of water and forests and MINEF the NEDA and opinion personnel for the Water and Forestry Department before the felling of species on the its financing efficient management of before felling trees on the right-of- project's right-of-way; method (PforR) environmental problems way of previous projects − Evaluate the species felled by the water due to the projects − Environmental − Non-involvement of water and and forestry agents so that they can and social − Lack of means of forestry agents by CI-ENERGIES make them available to the operators issues transportation during the execution of its who hold the logging permits for these projects; areas; − Follow-up of the implementation − Non-involvement of the RD − Involve the MINEDD and MINEF MINEDD in the previous projects Regional Directors in the implementation because ANDE is the technical of the project; execution agency of the Ministry; − Involve the RDs in conducting − Budgetary difficulties for the environmental and social assessments effective accompaniment of NEDA in order to avoid disputes related to because this project is not taken impacts; into account in the allocated − Budgetary support for the RDs to better budget monitor the implementation of the project 4 RD Ministry of − Presentation of − The project is − Insufficient personnel for − Lack of financial resources to pre- − Provide financial resources to the DR State for the NEDA and beneficial plantation loss finance the impact assessments of Agriculture to carry out agricultural Agriculture and its financing assessment missions the projects on agricultural surveys and evaluations, Rural method (PforR) plantations; Development − Need for training − Accelerate the payment of small − Environmental − Difficulties in paying small amounts of less than 20,000 FCFA on − Need for logistics and social amounts (less than 20,000 FCFA) site (excluding payments by check) issues related to − Insufficient operating of compensation by check to C- − Apply the interministerial decree N°453 electrification budget Energies; MINADER/MIS/MIRAH/MEF/MCLU/MM activities G/MEER/MPEER/SEPMBPE of August Draft version - June 2022 Page 115 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Opinions and Environmental and social Institutions/ N° Points discussed perception on management and Concerns and fears Suggestions and recommendations Services the project resettlement capacities (including − Long waiting period for the 1, 2018 fixing the scale of compensation conflicts)? payment of compensation to PAPs for destruction or project of destruction leading to untimely complaints and other investments in rural areas and from PAPs to the prefectural slaughter of livestock authorities; − Refusal of PAPs to allow the project to start implementation works. 6 RD MCLU − Presentation of − Project is − Adequate staffing − Absence of a subdivision plan for − Subsidize administrative subdivisions the NEDA and timely certain non-electrified villages within the framework of the NEDA − Unqualified personnel for its financing project; environmental and social − Lack of financial means at the method (PforR) problems level of the rural population for the − Adapt the subdivisions to the existing − Environmental subdivision of certain villages plan in order to avoid demolitions; and social given the high costs; − Allocate logistical and financial issues related to − Demolition of certain buildings resources (bonuses) for the execution of electrification during the subdivision of the real estate appraisals in the villages; activities village; (including − Set up a technical committee for the use conflicts)? − Anarchic construction in certain of updated plans. non-electrified peripheral districts of the commune of Man RD MMPE − Presentation of − Project is − Inadequate staffing − Current procedure for distribution − Simplify and streamline the process of the NEDA and timely of electric meters is slow and time distribution of electricity meters under − Unqualified personnel for its financing consuming; the NEDA so that the maximum number environmental and social method (PforR) of households can be connected to the problems − Non involvement of DR MMPE in electricity network; − Environmental most of the power projects in the and social Man region − Involve RD MMPE to play a key role in issues related to the NEDA program. Draft version - June 2022 Page 116 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Opinions and Environmental and social Institutions/ N° Points discussed perception on management and Concerns and fears Suggestions and recommendations Services the project resettlement capacities electrification activities (including conflicts)? 9 Women − Presentation of − The advent of − Impossibility of carrying out − Subsidize or reduce the NEDA and the project is income-generating activities linked connection/subscription costs for low- its financing beneficial to electricity (hairdressing salon, income households method (PforR) sewing, sale of frozen fish, sale of − Reduce archaic and parallel connections fresh "off-licence" drinks, etc.) − Environmental and social issues related to electrification activities (including conflicts)? 10 Population − Presentation of − The advent of − − Presence of low-lying areas that − Opening of the roads in the peripheral the NEDA and the project is interrupt the roads; districts before the deployment of the its financing beneficial electrical network; − Overflow of certain buildings on method (PforR) the roads in the non-electrified − Creation of gutters or culverts before the − Environmental peripheral districts of Man; deployment of the electricity network in and social certain outlying districts of Man, problems particularly the Cascades district. related to electrification activities (including conflicts)? Draft version - June 2022 Page 117 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Reactions of the stakeholders consulted regarding the impacts of the project Points discussed Stakeholders Reactions to the project's impacts Recommendations / Actions negative impacts • Loss of land • Develop a communication and awareness plan for the impacted • Loss of fruit • Inform and sensitize the local population (public consultation, notice of public inquiry) trees and or populations on the possible losses plantation in order to avoid misunderstandings • Provide for compensation and indemnification • List the goods • Be prepared to accompany the project in order to find sites or • Evaluate the surface area of premises for resettlement in collaboration with the victims; affected land • Rehabilitation and repair of partially destroyed buildings • Evaluate the number of buildings • Accelerate the compensation procedures for losses of land, • Loss of income and trees affected buildings and species; • Involve the technical structures • Apply the interministerial order N°453 (Directorate of Agriculture, Urban MINADER/MIS/MIRAH/MEF/MCLU/MMG/MEER/MPEER/SEPMBPE Planning and Housing, Water and of August 1, 2018 setting the compensation scale for destruction or Forests) in the evaluation of losses proposed destruction and other investments in rural areas and Administrative slaughter of livestock; and technical • Potential • Existence of small conflicts related • Involve the administrative and technical services in the entire process services conflicts due to to the slowness of compensation of project implementation the procedures. • Recognition and respect of the commitments made by CI- implementation • Non-recognition of commitments ENERGIES to the people affected of the NEDA made by certain project promoters • Compensate both owners and operators to avoid conflicts project and/or the state • Favouring amicable settlement with the involvement of village chiefs • Obstruction of • Take into account existing roads • Provide for detour tracks and access to homes and services • Inform and sensitize the population • Violence • Raise awareness among the population against • Existence of rare cases of • Financing women's projects vulnerable violence • Keep the youth busy by reducing unemployment people • Explanation of the project with its • Inform the population or landowner before starting the project; Displacement of the definitive location to the population • Minimize the displacement of populations; population • Avoid areas with buildings • Compensate in case of displacement of populations Draft version - June 2022 Page 118 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Points discussed Stakeholders Reactions to the project's impacts Recommendations / Actions negative impacts • Establish contact with landowners • Compensate landowners Loss of land • Involve customary authorities in supervising operations and negotiating space for the project. • Inform and sensitize customary authorities beforehand • Loss of fruit trees • Compensation for losses and or plantation • Compensate owners • Loss of income • Employ local labor primarily in the construction phase to compensate Customary for damage authorities • Potential conflicts If customary rights are cleared and • Involve customary authorities due to project people are informed, this public utility • Inform and sensitize the populations implementation project will not cause conflict • Compensate landowners • Sacred site • Involve customary authorities to identify sacred sites; • Obstruction of • Provide for detour tracks • Inform and sensitize the population • Choose land where there is no habitation to limit difficulties and • Displacement of conflicts the population • Compensate the population Table 9 : Summary of stakeholder views or opinions Points discussed Stakeholders Reactions to the project's impacts Recommendations / Actions negative impacts Loss of land - Inform and sensitize the population - Develop a communication and awareness plan for the impacted local - Loss of fruit trees on possible losses in order to population (public consultation, notice of a public inquiry) and or plantation avoid misunderstandings - Provide for compensation and indemnification Administrative - Inventory the property - Be willing to accompany the project in order to find sites or premises and technical - Evaluate the surface area of for resettlement in concert with the victims; services - Loss of income affected land - Rehabilitation and repair of partially destroyed buildings; - Evaluate the number of buildings Accelerate the compensation procedures for losses of land, buildings and trees affected and species; Draft version - June 2022 Page 119 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Points discussed Stakeholders Reactions to the project's impacts Recommendations / Actions negative impacts - Involve the technical structures - Apply the interministerial order N°453 (Directorate of Agriculture, Urban MINADER/MIS/MIRAH/MEF/MCLU/MMG/MEER/MPEER/SEPMBPE Planning and Housing, Water and of August 1, 2018 setting the compensation scale for destruction or Forests) in the evaluation of proposed destruction and other investments in rural areas and losses slaughter of livestock; - Existence of small conflicts related - Involve the administrative and technical services in the entire process - Potential conflicts to the slowness of compensation of project implementation due to the procedures. - Recognition and respect of the commitments made by CI-ENERGIES implementation - Non-recognition of commitments to the people affected of the NEDA made by certain project promoters - Compensate both owners and operators to avoid conflicts project and/or the state - Favouring amicable settlement with the involvement of village chiefs - Obstruction of - Take into account existing roads and - Provide for detour tracks access to homes and services - Inform and sensitize the population - Violence against - Raise awareness among the population vulnerable - Existence of rare cases of violence - Financing women's projects people - Keep the youth busy by reducing unemployment - Explanation of the project with its - Inform the population or landowner before starting the project; Displacement of the definitive location to the - Minimize the displacement of populations; population population - Compensate in case of population displacement - Avoid areas with buildings Contacting landowners - Compensate landowners Loss of land - Involve customary authorities in supervising operations and negotiating Customary space for the project. authorities - Inform and sensitize customary authorities upstream - Loss of fruit trees Compensation for losses and or plantation - Loss of income Compensate property owners Draft version - June 2022 Page 120 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Points discussed Stakeholders Reactions to the project's impacts Recommendations / Actions negative impacts - Employ local labor primarily in the construction phase to compensate for damages caused - Potential conflicts If customary rights are cleared and - Involve the customary authorities due to project people are informed, this public utility - Inform and sensitize the population implementation project will not cause conflict - Compensate landowners Sacred sites - Involve customary authorities to identify sacred sites; - Obstruction of - Provide for detour tracks - Inform and sensitize the population Population - Choose land where there are no houses to limit difficulties and conflicts displacement - Compensate the population Draft version - June 2022 Page 121 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Appendix 13 : Formula for calculating the amount of agrarian compensation from Inter- ministerial Order No. 453 / MINADER/ MIS/ MIRAH/ MEF/ MCLU/ MMG/ MEER/MMPE/SEPMBFE of August 1, 2018 setting the scale of compensation for destruction or proposed destruction of crops and other investments in rural areas and slaughter of livestock Draft version - June 2022 Page 122 / 123 Official Use Environmental and Social System Assessment (ESSA) for Cote d’Ivoire National Electricity Digitalization and Access in Lagging Regions Project Draft version - June 2022 Page 123 / 123 Official Use