E4161 Government of Uganda Ministry of Lands, Housing and Urban Development Environmental and Social Management Framework Competitiveness and Enterprise Development Project (CEDP) FINAL REPORT 12 March 2013 Ministry of Land, Housing and Urban Development i CEDP FINAL ESMF EXECUTIVE SUMMARY Project description The World Bank is supporting the Government of Uganda (GOU) to implement a Competitive Enterprise Development Project (CEDP) starting in 2013. In order to aid various stakeholders to identify and effectively manage potential environmental and social impacts of the proposed project, certain due diligence environmental instruments, namely (i) Environment and Social Management Framework and (ii) Resettlement Policy Framework have to be prepared in accordance with international good practice as well as the World Bank safeguards and Government of Uganda requirements. These instruments will provide practical guidance for management of potential environmental and social issues associated with future sub-projects under the CEDP. The development objective of the Project is to improve the competitiveness of enterprises in Uganda by providing support for: (i) the implementation of business environment reforms, including the land administration reform and (ii) the development of priority productive and service sectors. The project will be financed by a Specific Investment Loan in the amount of US$ 100 million equivalent and comprises four components: (a) Land Administration Reform, (b) Business Registration and Business Licensing Reforms (c) Tourism Competitiveness Development, (d) Matching Grant Program for MSMEs, and (e) Project Implementation. The Project’s physical activities will be limited to site specific civil works for rehabilitation or construction of Zonal Land Offices in selected districts throughout Uganda, rehabilitation of offices of the Institute of Surveying and Land Management in Entebbe on Sebutinde Road and renovation or construction of the Hotel and Tourism Training Institute (HTTI) in Jinja. The project physical activities will be located in Kampala, Jinja and throughout selected urban and municipal centers of Uganda, namely the Districts of Luwero, Mpigi, Mityana, Soroti, Kabale, Rukungiri, Tororo, Mukono and Moroto for land offices. Project reforms in support of the land registration systems, land dispute resolution, and other national reforms will have impacts nationwide on improving transparency and security of land tenure. The land administration component will support the development of a gender promotion strategy in the first year of the project in order to promote gender equity in land registration. Similarly, civil society engagement and communication strategies will be developed during the first year of the project aimed at enhancing public participation and transparency in the whole exercise of documenting land rights. The project may enhance land market and land rights through an improved land registration system and accelerate the change in land use patterns, but is not expected to result in different land uses than those that would take place without the project. Objective of the ESMF This document provides an Environmental and Social Management Framework (ESMF), which is to be used by the CEDP in order to ensure that all environmental and social safeguards are adequately addressed. The main purpose of the ESMF is to (a) Establish clear procedures and methodologies for the environmental and social assessment, review, approval and implementation of investments to be financed under the project; (b) Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to project investments; (c) Determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF; and (d) Provide practical information resources for implementing the ESMF. Legislative framework The National Environment Act, 1995 is the principal law governing environment management and conservation in Uganda. A number of supporting regulations include:  Regulations on Environment Impact Assessment, 1998  National Environment (Noise Standards and Control Regulations) 2003  The Water (Waste Discharge) Regulations, 1998  The National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations (1999)  The National Environment (Waste Management) Regulations (1999)  Regulations 3 to 17 of the National Environment (Wetlands, River Banks and Lake Shores Management) Regulations (2000) Ministry of Land, Housing and Urban Development ii CEDP FINAL ESMF  The Occupational Safety and Health Act (2006)  Water Act, Cap. 152  The Land Act (1998)  Public Health Act, 2000  The Local Governments Act, 1997  The Access Road Act, 1969 and The Roads Act, Cap 345 In regards to World Bank safeguard requirements, the following Operational Policies have been triggered by the Project and will require specific safeguard provisions: Environmental Assessment (OP 4.01), Cultural Resources (OP 4.11), Pest Management (OP 4.09) and Involuntary Resettlement (OP 4.12). Institutional roles and responsibilities Under the proposed ESMF, there are several agencies that will play a key role in ensuring that mechanisms and recommendations provided in the ESMF are implemented effectively. These include at the national level, the Ministry of Lands, Housing, and Urban Development (MLHUD), the Ministry of Tourism, Wildlife and Antiquities (MTWA), Uganda Wildlife Association (UWA), Private Sector Foundation Uganda (PSFU) and the National Environmental Management Authority (NEMA). At the local level, District and Municipal government offices (through the D/MEOS) will also have roles in implementing provisions of the ESMF. EIA/EMP preparation, review and appraisal process The ESMF outlines the environmental impact assessment procedures, reporting systems, and responsibilities to be adopted by the implementing agencies during the CEDP. The tools and mechanisms provided include:  Screening of proposed sub-projects including applications under the Matching Grant Facility (MGF);  Steps to be taken for an EIA, including an application for environmental approval;  An annual environmental and social audit of the CEDP;  Guidelines on the environmental and social impact of potential subprojects;  Grievance redress mechanism;  Compliance mechanisms; and  Descriptions of roles and responsibilities. An ESIA (February 2013) has already been prepared for the proposed renovation/construction of the HTTI in Jinja and is awaiting approval from NEMA. EIAs (February 2013) have also been prepared for seven district land offices in Luwero, Mityana, Soroti, Kabale, Rukungiri, Tororo, and Moroto and are awaiting approval from NEMA. EIAs for districts of Mpigi and Mukono are under preparation. Main environmental and social impacts of the proposed Project investments The proposed CEDP is not likely to result in significant adverse environmental or social impacts. The project has a potential of localized, site-specific adverse environmental impacts associated with rehabilitation and civil works for construction and rehabilitation of administrative, training and tourist facilities, particularly the district land offices, and hotel school facilities. These include construction waste, dust and noise pollution during construction, impact of increase construction traffic, social and health impacts due to temporary establishment of workers’ camps, etc. Most of these impacts are well known and can be mitigated using standard good construction practice embedded in the civil works contracts. The project may enhance land market and lands rights through improved cadastral system, and accelerate the change in land use patterns but is not expected to result in different land uses than those that would take place without the project. Impacts can be divided into environmental and social impacts associated with construction and operation which depends specifically on the size and nature of the subproject and the environmental and social context where the subproject will be situated. The implementation of the proposed CEDP will result in a number of environmental and social impacts for the program as a whole. Some of these impacts may be negative or adverse while others are positive and beneficial. The main negative environmental and social issues of concern that were identified during the EIA consultations (by URTC) for the district land offices and the construction/renovation of the HTTI in Jinja include: Ministry of Land, Housing and Urban Development iii CEDP FINAL ESMF o Generation and disposal of construction debris; o Strain to the existing infrastructure such as; 
 water supply since construction activities are known to be heavy water consumers and the increase in population proportionately increases water demand thus direct impact to the water supply during both the construction and occupation phases; o Noise affecting the immediate environment; o Run-off generated by rainfall that may cause flooding and its consequences; o Generation of sewage and effluent. Sewage is of significant concern with respect to the environment and particularly to water and soil. In its raw form, it is serious health hazard and emits offensive odours; o Generation of air pollutants in the form of dust particles and gas emissions (fumes) from machinery and vehicles; o Vegetation clearance to give way for HTTI and Land Offices; o Oil/grease spills / leaks in construction sites and in most areas that make use of petroleum products, which contain hard/hazardous elements that are detrimental to the environment; o Increased solid wastes including stones, wood, glasses, plastics, containers, metal rods, pieces of iron sheets, sharp objects (nails) etc. On completion and occupation, the project will be generating waste products from various operations and activities; mostly house refuse including the polythene challenge; o Increased occupational exposure to dust, air and noise pollution. These plus other safety hazards such accidents, falling objects, risks from poor scaffolding, ladder and formwork are considered negative impacts; o Temporary interference with the road traffic along the access road to the residential areas road due to the movement of heavy trucks and construction equipments to and from the site during construction phase and operation; o Bad behavior of the workers, such as indiscriminate solid waste disposal and use of abusive vulgar words during construction phase; and o Accidents and spread of diseases such as HIV due to influx of foreign workers in the area. CEDP interventions may individually have minimal adverse environmental and social impacts. However, several subprojects in combination, or in combination with other government or private sector activities, could have a larger and more significant cumulative impact. This is likely to be the case in terms of potential vegetation clearing, groundwater depletion, or surface water pollution. Mitigation plans As part of the EIA process, Environmental Management Plans (EMPs) will need to be prepared and implemented. Effective implementation of EMPs will ensure that the appropriate mitigation measures have been employed to avoid and/or minimize any potential impacts resulting from the proposed activity. The MWE should agree with NEMA and D/MEOs on the supervision of the EMP within the overall plan for the project. Proposed mitigation measures to address anticipated impacts during construction and operation of the district land offices, as outlined in the EIAs prepared by URTC, include:  Re-vegetation of open patches of the site should be carried out to prevent gullies and stabilise the soil.  Vegetation removal should be done with care and trees that may not affect the construction of the project should be left.  Leguminous plants that have soil conservation qualities are particularly recommended.  There is, therefore, need to create an instant grass cover which offers long term erosion 
 control.  An efficient drainage is a key role in erosion control and erosion checks or lining have been 
 designed in the architectural designs.  Erosion control fences, silt traps, bare surface cover (mulching or geotextiles) to control soil erosion.  In the foundation hard cores should be used to increase the firmness of the structure on the 
 ground  Surface trenches should be constructed to help in the onsite water drainage in order to avoid 
 flooding.  The architectural design development is planned as single storied building, with 500 high 
 grass embankments to be planted on the site to cater for the natural environment. The design also of the structure is to use natural ventilation and natural light within the building and avoid restricting the current open aspect of the site. Ministry of Land, Housing and Urban Development iv CEDP FINAL ESMF  The proper management of the land office block will minimise or eliminate the negative impacts that are likely to be caused by working within the office premises. Management of the office premises is committed to implementing the project in an environmentally sustainable manner. The Environmental Management and Monitoring Plan (EMP) will be implemented during all the phases of project (preparation, construction, operation and closure). Accordingly, the supervision arrangements for the EMP should summarize key areas on which supervision will focus such as critical risks to implementation of the EMP and how such risks will be monitored during implementation and agreements reached with the Proponent. If identified as a requirement of the subproject through the screening process, a Resettlement Action Plan, a Pest Management Plan, and/or a Physical Cultural Resources Management Plan / Chance Finds Procedures or a combination of these, is prepared alongside or as an integrated part of the EMP. Public consultations The key stakeholders include the Ministry of Lands, Housing and Urban Development, Ministry of Tourism Wildlife and Antiquities, Uganda Registration Services Bureau and other related agencies, local authorities and communities within the project area. The sub-national stakeholders include district governments and communities that will benefit from improved delivery of cadastral services in the towns of Jinja, Mpigi, Mityana, Luwero, Moroto, Tororo, Kabale, Rukungiri, Mukono and Soroti. More broadly, the stakeholders include the private sector community and the owners and users of land in Uganda. In order to ensure that key interests of the public, at various levels of governance, are addressed and incorporated into the design and implementation of the ESMF safeguard tools, stakeholder consultations were carried out as part of the ESMF process. Consultations for proposed investments under the CEDP were undertaken by Urban Research and Training Consultancy E.A Ltd (URTC), the consultant commissioned to undertake ESIAs for the proposed renovation of the HTTI in Jinja and the ESIAs of the nine local district offices. At the time of finalizing the RPF, only seven EIAs have been prepared (EIAs for Mukono and Mpigi are pending completion) and are awaiting approval from NEMA. According to the ESIA prepared for the proposed HTTI in Jinja, extensive consultations were carried out between 22nd January and 5th February 2013 with the neighbours and key stakeholders on a one to one basis to ascertain any arising issues as a result of the proposed expansion of crested crane hotel and training institute. A structured questionnaire was administered to the public and interviews held with neighbors. The immediate neighbours have been consulted and they have no objection to the proposed project. During the EIA process for the district land offices, an initial list of project stakeholders was developed. The main positive aspects mentioned by the respondents were: the provision of jobs to the residents. Generally, the impacts of the Project were seen as largely positive with a potential to reduce significantly the lack of office accommodation. The overall negative impacts are rated as minimal and can be effectively managed through implementation of an EMP and adequate monitoring and capacity. Resettlement is typically addressed during the sub-county development plan as is the environmental screening and impact assessment. In addition, consultations were held with stakeholders on March 7, 2013 providing an overall description of the Project, the purpose of the ESMF and RPF and potential outcomes of the frameworks. Grievance Redress Mechanism In order to ensure transparency and accountability, a grievance redress mechanism (GRM) will be established as part of the ESMF implementation. The GRM will have a clear set of goals and objectives and a well-defined scope for its interventions and will contain set of procedures for receiving, recording, and handling complaints. Capacity building and Training Successful implementation of the ESMF will rely on (a) establishing the PCU’s capability to ensure that the subprojects are screened and appraised appropriately; and (b) regular monitoring and reporting to track performance of the subprojects. It is recommended that an Environmental Specialist be appointed to the PCU to ensure that the provisions of the ESMF are implemented accordingly. Ministry of Land, Housing and Urban Development v CEDP FINAL ESMF The main role of the Environmental Specialist is to provide technical advice on environmental and social management and mitigation planning and ensure that the ESMF is fully implemented. The Environmental Specialist will report directly to the PCU responsible for project management activities of the CEDP. In addition, it is recommended that an Environmental Consultant be procured under the MGF to support the Unit in screening applications using the Screening Checklist and in determining the level of environmental and social assessment needed. The Environmental Consultant will monitor the performance of the applicants and on an annual basis undertake an audit of at least 20% of total applications approved to measure the effectiveness of E&S provisions. The Consultant will report to the MGF Unit Manager. Finally, the project will provide capacity building on every component including for agencies involved in the land administration, business registration and business licensing reform and tourism. Capacity building will include trainings, workshops, and technology transfer to the implementing agencies. The project will support ongoing maintenance costs associated with the various components during the five years of the implementation phase. After the implementation, maintenance costs will be borne by the respective agencies. It is recommended that this workshop be prepared and undertaken by a local Consultant with relevant experience in the proposed topics and highly familiar with the tourism sector and MSMEs in order to provide good case studies. Monitoring The ESMF outlines a number of indicators as part of the ESMF implementation which will be included in the overall project monitoring. In addition, an Annual Audit on ESMF Implementation will be prepared by the PCU and delivered to NEMA and the World Bank. Proposed implementation budget It is estimated that the implementation of the ESMF including the required provisions, training and capacity building will cost approximately $735,000. This entails: Component 1: Land Administration Reform – US$ 135,000 Component 3: Tourism Competitiveness Development - US$ 200,000 Component 4: Matching Grant Program for MSMEs - US$ 150,000 Component 5: Project Implementation - US$ 250,000 The costs of preparing and implementing the safeguards aspects of the project are estimates as the size, type and location of the interventions to be financed under the MGF are not fully determined at this stage. It is not expected that there will be any significant land acquisition as part of the project; however, if there is a need for land acquisition, RAPs will be prepared and the project will consider any further re-allocation of budgets as needed when the project is reviewed at supervision and mid-term stages. The actual costs may vary depending on when and how the ESMF implementation takes place; therefore it can be expected that the proposed ESMF budget may increase or decrease depending on the workplan agreed upon. Ministry of Land, Housing and Urban Development vi CEDP FINAL ESMF TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................................................................................ 1 1.1 ESMF Approach and Methodology ..................................................................................................................... 1 2. PROJECT BACKGROUND AND DESCRIPTION....................................................................................................... 3 2.1 Purpose of the Project ............................................................................................................................................. 3 2.2 Project Components ................................................................................................................................................. 3 2.3 Proposed Investments and Target Areas......................................................................................................... 7 3. KEY ENVIRONMENTAL AND SOCIAL ISSUES AND BASELINE ASSOCIATED WITH THE PROJECT 9 3.1 Project Beneficiaries................................................................................................................................................. 9 3.2 Priority High Potential Sectors for Development Initiatives ................................................................... 9 3.3 Specific Baseline Associated with Jinja HTTI .............................................................................................. 11 3.4 Environmental and Social Baseline of the Districts targeted under the Project .......................... 15 4. ENVIRONMENTAL MANAGEMENT REQUIREMENTS AND PRACTICES ................................................ 24 4.1 World Bank Safeguard Policies and Requirements ................................................................................. 24 4.2 Ugandan Policy and Legal Framework for Environmental Management ....................................... 25 4.3 Environmental Impact Assessment Guidelines ......................................................................................... 26 4.4 Environmental Categories for Proposed CEDP Activities ..................................................................... 30 4.5 International Conventions and Treaties ....................................................................................................... 31 5. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS ................................................................... 32 5.1 Project Implementation Arrangements ........................................................................................................ 32 5.2 Roles and responsibilities in the ESMF Implementation ....................................................................... 33 6. PUBLIC CONSULTATIONS ........................................................................................................................................... 37 6.1 Consultations for the Proposed HTTI in Jinja ............................................................................................. 37 6.2 Consultations for the 9 Local District Offices Covered under the Project ....................................... 37 6.3 Summary of Consultation Findings ................................................................................................................. 38 7. IMPACT ANALYSIS AND PROPOSED MITIGATION MEASURES .................................................................. 39 7.1 Key Environmental and Social Issues and Impacts Associated with the Project ......................... 39 7.2 Positive Environmental and Social Impacts ................................................................................................ 39 7.3 Potential Negative Environmental and Social impacts ........................................................................... 40 7.4 General Environmental and Social Concerns during Construction and Operation ..................... 42 7.5 Potential Cumulative Impacts ........................................................................................................................... 42 7.6 Proposed Mitigation and Monitoring Measures ........................................................................................ 42 8. PROCESS FOR SUBPROJECT PREPARATION, IMPLEMENTATION AND MONITORING................... 44 8.1 Screening and Review Process .......................................................................................................................... 44 8.2 Appraisal and Approval ....................................................................................................................................... 45 8.3 Disclosure of subproject information ............................................................................................................ 48 8.4 Monitoring and Annual Reports ....................................................................................................................... 48 8.5 Annual reviews ........................................................................................................................................................ 49 8.6 Grievance Redress Mechanism ......................................................................................................................... 50 9. CAPACITY BUILDING AND TRAINING ................................................................................................................... 52 9.1 Appointing an Environmental Specialist to the Project Coordination Unit.................................... 52 9.2 Support to the MGF Unit for the Matching Grants Facility .................................................................... 53 9.3 Training ...................................................................................................................................................................... 53 10. ESMF IMPLEMENTATION BUDGET ..................................................................................................................... 55 Ministry of Land, Housing and Urban Development vii CEDP FINAL ESMF ANNEXES Annex A: CEDP E&S Screening Form ............................................................................................................................... 57 Annex B: Sample Terms of Reference for an EIA ........................................................................................................ 62 Annex C: Terms of Reference for an EMP ...................................................................................................................... 63 Annex D: Proposed Format of a Pest Management Plan.......................................................................................... 65 Annex E: Examples of Contract Clauses for Civil Works .......................................................................................... 66 Annex F: Format of an Annual Environmental Report for the MGF Investments ......................................... 70 Annex G: Generic Impact and Mitigation Guidelines For Proposed CEDP Physical Interventions in Construction / Renovation of Buildings ......................................................................................................................... 71 Annex H: Summary of Public Consultations on ESMF and RPF ............................................................................ 73 Ministry of Land, Housing and Urban Development viii CEDP FINAL ESMF ACRONYMS AND ABBREVIATIONS BLRC Business Licensing Reform Committee MoJCA Ministry of Justice and Constitutional Affairs BUDS Business Uganda Development Scheme MSMEs Micro, small and medium enterprises CAS Country Assistance Strategy MTWA Ministry of Tourism, Wildlife and Antiquities CEDP Competitiveness and Enterprise NCB National Competitive Bidding Development Project CICS II Second Competiveness and Investment NDP National Development Plan Climate Strategy DANIDA Danish Development Assistance Program ORAF Operational Risk Assessment Framework DB Doing Business PDU Procurement and Disposal Unit DFID Department for International PPDA Public Procurement and Disposal Development Authority EAC East African Community PPDA Procurement and Disposal of Public Assets Authority EU European Union PRSC Poverty Reduction Strategy Credit GDP Gross Domestic Product PSC Project Steering Committee GNI Gross National Income PSCP II Second Private Sector Competitiveness Project GoU Government of Uganda PSC Project Steering Committee HACCP Hazard Analysis Critical Control Point PSD Private Sector Development System HTTI Hotel and Tourism Training Institute PSFU Private Sector Foundation Uganda IBRD International Bank for Reconstruction and PTC Project Technical Committee Development ICAS Investment Climate Advisory Services QCBS Quality and Cost Based Selection ICB International Competitive Bidding RFQ Request for Quotation ICT Information and Computer Technology SBDs Standard Bidding Documents IDA International Development Association SIL Specific Investment Loan IFC International Finance Corporation SRFP Standard Request for Proposal IGG Inspector General of Government SSA Sub-Saharan Africa IMF International Monetary Fund TA Technical Assistance INT Institutional Integrity ToR Terms of Reference IS Implementation Support TTCI Travel and Tourism Competiveness Index ISO International Organization for TST Technical Support Team Standardization UICP Uganda Investment Climate Program JLOS Justice, Law and Order Sector UNHS Uganda National Household Survey LIS Land Information System URSB Uganda Registration Services Bureau LSSP Land Sector Strategic Plan USAID United States Agency for International Development M&E Monitoring and Evaluation USMID Municipal Infrastructure Development MGF Matching Grant Facility UTB Uganda Tourism Board MLHUD Ministry of Lands, Housing and Urban WBG World Bank Group Development MoF Ministry of Finance WEF World Economic Forum MoFPED Ministry of Finance Planning and Economic Development MITC Ministry of Industry, Trade and Cooperatives Ministry of Land, Housing and Urban Development ix CEDP FINAL ESMF 1. INTRODUCTION This document presents an Environmental and Social Management Framework (ESMF) for the Competitiveness and Enterprise Development Project (CEDP) [the Project] and has been developed in tandem with a Resettlement Policy Framework (RPF) as a combination of due diligence instruments required to address and manage environmental and social impacts associated with the CEDP. The framework has been prepared to meet the World Bank safeguard requirements and Ugandan environmental procedures and will be disclosed as part of the project appraisal process. The PFSU is the agency responsible for implementing the provisions and recommendations outlined in the ESMF. 1.1 ESMF APPROACH AND METHODOLOGY 1.1.1 Objective of the ESMF The objective of the ESMF is to provide a framework for effective management of environmental and social issues in the proposed CEDP. It seeks to both enhance environmental and social development benefits of the project and mitigate any adverse impacts, in line with GOU and World Bank policies and guidelines on management of environmental and social development issues. The exact site and scale of potential infrastructures will be identified and confirmed during project implementation, although the location of the district land offices has been proposed with sufficient detail to begin preparation of Environmental and Social Impact Assessments that will be submitted for clearance to the National Environment Management Authority (NEMA) and the World Bank. 1.1.2 Methodology The ESMF has been developed as a tool to be used in implementing recommendations for addressing environmental and social impacts associated with proposed infrastructure activities to be financed under the CEDP. Its purpose is to: (a) establish clear procedures and methodologies for the environmental and social assessment, review, approval and implementation of investments to be financed under the Project (e.g. screening or environmental impacts and their management for tourist infrastructure such as signage, park gates, boundary markers, tourist trails, etc); (b) specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to project investments; (c) determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF; and (d) provide practical information resources for implementing the ESMF. This ESMF largely draws from a number of project preparation studies available in Uganda that have already been carried out on environmental and social aspects, particularly on the implementation plans and ESMFs developed for the proposed physical activities (small to medium scale infrastructure and tourism development). The framework also takes into account findings of the 10-year Land Sector Strategic Plan (LSSP1 - 2002-2011) under the Second Private Sector Competitiveness Project (PSCP II). Additionally, the proposed mitigation and monitoring plan for the proposed subprojects has been built on the findings of the EIAs prepared for seven local district officers (Luwero, Mityana, Soroti, Kabale, Ministry of Lands, Housing and Urban Development 1 FINAL CEDP ESMF Rukungiri, Tororo, and Moroto) to ensure that appropriate measures and tools are in place to address anticipated impacts and support proposed enhancements under the CEDP (ie tourism development). EIAs for these seven districts are awaiting approval from NEMA. EIAs for the districts of Mukono and Mpigi, at the time of the ESMF preparation, were not yet completed. The borrower has had prior experience with implementing World Bank Projects and therefore has some knowledge and capacity for safeguards management relating to Bank environmental and social safeguard policies. The environmental and social instruments developed during preparation will reassess this capacity and propose appropriate strengthening measures to be included in the project. 1.1.3 Consultations Consultations for proposed investments under the CEDP were undertaken by Urban Research and Training Consultancy E.A Ltd (URTC), the consultant commissioned to undertake ESIAs for the proposed renovation of the HTTI in Jinja and the ESIAs of the nine local district offices. Findings of the consultations indicated that there are positive impacts associated with the proposed investments and that potential negative environmental and social impacts can be readily addressed through adequate implementation of an Environmental Management and Monitoring Plan. A summary of the consultations is provided in Section 7. 1.1.4 Public Disclosure For projects such as the CEDP, the World Bank’s Access to Information Policy requires that safeguard-related documents be disclosed before appraisal (i) at the InfoShop and (ii) in country, at publicly accessible locations and in a form and language that are accessible to potentially affected persons. This allows the public and other stakeholders to comment on the possible environmental and social impacts of the project, and for the World Bank Appraisal Team to strengthen the frameworks, particularly measures and plans to prevent or mitigate any adverse environmental and social impacts. Ministry of Lands, Housing and Urban Development 2 FINAL CEDP ESMF 2. PROJECT BACKGROUND AND DESCRIPTION 2.1 PURPOSE OF THE PROJECT The proposed development objective of the CEDP is to improve the competitiveness of enterprises in Uganda by providing support for: (i) the implementation of business environment reforms, including the land administration reform and (ii) the development of priority productive and service sectors. 2.2 PROJECT COMPONENTS The project will be financed by a Specific Investment Loan (SIL) in the amount of US$ 100 million equivalent divided into: Component Name Cost (USD Millions) Land Administration Reform 55.00 Business Registration and Business Licensing Reforms 10.00 Tourism Competitiveness Development 25.00 Matching Grant Program for MSMEs 8.00 Project Implementation 4.50 Component 1: Land Administration Reform (US$ 54 million) 1. This component will fund the continuation and scale-up of the land reform process carried out under the PSCP II. As described in detail in Annex 2, the LSSP 2 is under preparation and the land component of CEDP is expected to support its implementation by: (i) Modernizing land administration (US$ 28.9 million). Constructing eight zonal land offices; enhancing and rolling out a computerized LIS to 21 zonal land offices; strengthening valuation and land use planning; developing the legal and policy framework for land-related housing and urban development; developing and implementing policies for a geodetic reference framework, national spatial data infrastructure, and mapping; re-equipping the Survey and Mapping Department to service land administration; improving the land registration process to reduce time, cost, and number of procedures; and producing base and cadastral maps for land administration and other spatial purposes. In addition, the sub-component will fund technical assistance to advise the government on undertaking a government land inventory which was initiated under PSCP II and will be continued under the proposed project using government’s own funds. Funding will also be available to support the review of the legal, institutional, and operational aspects of the Uganda Land Commission and to recommend programs for implementation. (ii) Accelerating registration of communal and individually owned lands (US$ 14 million) . Organizing and formalizing communal groups into Communal Land Associations (CLAs); demarcating and registering communal lands in the names of CLAs; and documenting individual land rights and issuing associated certificates and title deeds. Ministry of Lands, Housing and Urban Development 3 FINAL CEDP ESMF (iii) Strengthening institutions and mechanisms for land dispute resolution (US$ 5 million). Reviewing the judiciary’s court processes and rules to improve court performance in the adjudication of land cases; strengthening the judiciary and other relevant agencies (land tribunals, local councils, Area Land Committees, recorders, and Traditional Institutions) in the use of Alternative Dispute Resolution (ADR) and mediation mechanisms to resolve land cases faster and cheaper; compiling and disseminating relevant legal documents to raise greater awareness of the law and people’s appreciation of their land rights; developing the capacity of the judiciary and other land adjudication institutions through training; and reviewing the legal and institutional framework for restoration and functionality of land tribunals. (iv) Reviewing land institutions, developing capacity, and providing technical support for the implementation of the land component (US$ 6.1 million). Reviewing the organization and functions of the land administration and management institutions in line with the ongoing modernization efforts to enhance efficiency and sustainability; reviewing skills gaps in public and private institutions in the land sector and implementing capacity development programs; consolidating the rehabilitation and modernization of the Institute of Survey and Land Management; developing and implementing gender1, civil society engagement, and communication strategies; and providing technical support for the implementation of the land component. Component 2: Business Registration and Business Licensing Reforms (US$10 million) This component aims to reduce the burden for businesses in dealing with registration and licenses procedures by creating an online one-stop shop for business registration and an e- registry for business licensing, as well by implementing measures aimed at the simplification and streamlining of business registration and business licensing procedures. The component will benefit from the Regional Communication Infrastructure Project (RCIP) under preparation. RCIP will support e-government application and will include e-payment and authentication. This component will finance the following activities: (i) Business Registration One-Stop-Shop and Business Licensing E-Registry (US$ 8.5 million). Establishment of a one-stop shop which will serve as a single access point for business to complete the registration procedures and business licensing e-registry that will serve as the sole repository of all approved business licenses in Uganda. The activities will include: construction of the central office for the URSB; establishment of a business registry and licensing technology platform and software application; establishment of a network of local/regional offices of the business registration one-stop-shop; activities aimed at the streamlining of business registration and business licensing procedures and elimination of unnecessary licenses and procedures, including focus on priority sectors such as tourism and construction; and impact evaluation and identification of a package of incentives that works best in terms of impact on formalization and performance of newly established businesses. (ii) Capacity-Building Initiatives (US$ 0.5 million). Capacity-building of the URSB staff and other relevant regulatory agencies; and (iii) Stakeholder Outreach, Transparency and Accountability (US$ 1 million). Activities 1 A gender promotion strategy developed within the first year will be aimed at promoting gender equity in land registration Ministry of Lands, Housing and Urban Development 4 FINAL CEDP ESMF under the subcomponent will include: (i) communication campaign on the reforms implemented using television, newspapers, radio, brochures, conferences and seminars; (ii) improving transparency and communication with businesses and the public through the establishment of a consultation portal where businesses will have the possibility to comment on upcoming licensing regulations or propose further simplification measure; (iii) improving accountability through introduction of an ex-ante impact assessment mechanism to prevent the introduction of new unnecessary licenses or procedures and setting benchmarks for measuring the quality of service delivery. Component 3: Tourism Competitiveness Development (US$ 25 million) The goal of this component is to provide support to the tourism sector through strengthening public and private sector stakeholders and their collaboration to develop a competitive tourism offering. The activities implemented in this component will include: (i) Labor Force Capacity Development (US$ 12.0 million): Labor force development for the tourism sub-sector will be achieved through upgrading and repositioning Uganda’s national HTTI and its Crested Crane Hotel in Jinja through:  Upgrading to an international standard the operational teaching hotel and instructional facilities (e.g., classrooms, library, computer labs, language labs, kitchens);  Professional development of instructors and institute administrators;  Upgrading and international accreditation of instructional programs and curricula for traditional students and continuing professionals;  Repositioning with a sustainable business model and revenue generating activities; Redevelopment of HTTI, Uganda’s largest institute focused on the sector, will support labor force development at technical and vocational levels for new entrants to the sector as well as provide opportunities for skill enhancement for those already employed in the sector. HTTI will contribute to strengthening multiple links of the tourism value chain through providing up-to- date training to improve lodging operations, food and beverage offerings and tour guiding (i.e., for nature-based, cultural heritage and city-based tourism). (ii) Institutional Capacity Building (US$ 3.0 million): The MTWA was created in 2012 and lags behind in several dimensions. Institutional capacity building activities will support the MTWA to develop technical skills of sector-focused staff; launch and manage systems for tracking sector performance through consistent collection, analysis and dissemination of tourism data; and design and implement a lodging classification/grading system facilitating an improved standard. (iii) Tourism Product Planning, Packaging and Promotion (US$ 10.0 million): A competitive and economically productive tourism sector requires strengthening of the value chain through building supply and demand. With its support to tourism planning, packaging and promotion, CEDP will enable strengthening of tourism sector competitiveness through:  Planning: support to activities defining tourism products beyond current offerings through integrated tourism destination planning at community, district and area levels. This will involve increasing community awareness and involvement in tourism as well as support for the development of SME’s linked to tourism (e.g., handcrafts, local transport, travel related services).  Packaging: development of the tourism value chain for domestic, intra-regional and Ministry of Lands, Housing and Urban Development 5 FINAL CEDP ESMF international (long-haul) travelers and support to public and private sector entities (e.g., government/ministry agencies and local communities/municipalities; and trade associations) to develop key linkages (complementing and further supported by matching grant activities in the project) for tourism products that are competitive. Support for the development of tourism routes and services will be provided through establishing and addressing supply and demand gaps. Achieving a critical mass of tourism attractions and services is requisite for travelers to visit Uganda, stay longer and spend more than current levels.  Promotion: development and implementation of traditional and innovative on-line marketing and promotion materials will facilitate building diversified demand for Uganda’s tourism product for travelers from Uganda, neighboring African countries and from overseas markets. The development and launching of a national brand as well as promotion for a broader tourism offering (including cultural heritage and meeting-based tourism) supports supply and demand. Technical assistance and capacity building for UTB and UWA and other tourism focused agencies to communicate a comprehensive brand and deliver a high standard of targeted promotion for key segments (i.e., international, intra- regional and domestic tourism) of nature, culture and business tourism offerings will enable promotion of outcomes achieved through planning and packaging activity. Component 4: Matching Grant Program for MSMEs (US$ 8 million) The component aims to improve enterprise capacity by enabling MSMEs access matching grants of up to 50 percent towards use of sub-sector specific business development services (BDS)2, skills and increasing productivity through raising standards at the firm level. The project will support a matching grant program for high potential sub-sectors identified in the Uganda CICS II: tourism, coffee, grains and pulses, horticulture, edible oils, fisheries, and information technology/business process outsourcing. The Matching Grant Program (MGP) will be implemented by the project coordination unit (PCU) within PSFU. The MGP will have open submission of proposals (year round). This approach has successfully worked under PSCP II. In order to assess the project’s effectiveness in reaching the project development objective, firm-level data will be first collected from participating MSMEs in the beginning of the project and then after two years and five years. Details of the MGF operation are outlined in the draft MGF Operations Manual which has been prepared by PSFU and will be combined in the Project Operations manual under preparation. The MGF funds will be provided to procure the following types of business development services: (i) management training; (ii) acquisition of quality certification systems- International Organization for Standardization (ISO) and Hazard Analysis Critical Control Point System (HACCP); (iii) business plan preparation; (iv) marketing; (v) record keeping; (vi) finance; and (vii) production and product development techniques. Matching grants will not be used for matching credit from banks. The grant program will finance 50 percent of the cost of using consultants and other service suppliers, up to a US$ 100,000 limit per beneficiary. Component 5: Project Implementation (US$ 2 million) The Project will be implemented by two agencies, PSFU and MLHUD. The Project Coordination Unit (PCU) will be established in PSFU to implement Business Registration and Business 2 BDS are a binding constraint for MSME development and this has been indicated in the first Uganda Economic update, “Bridges Across Borders�, Unleashing Uganda’s Regional Trade Potential, World Bank, February 2013. Ministry of Lands, Housing and Urban Development 6 FINAL CEDP ESMF Licensing Reforms; Tourism Competitiveness Development and Matching Grant Program for MSMEs. The MLHUD will have the responsibility for the implementation of the Land Administration Reform component. The project staff contracted by the MLHUD and the PSFU will provide ongoing support to project activities, including those related to monitoring and evaluation (M&E) of project results during the implementation. In order to strengthen and complement capacities of the PSFU and MLHUD, the component will support staffing of these institutions to strengthen project-related operational requirements, procurement and financial management systems. The details of the implementation arrangements will be provided in the Project Operational Manual. In order to address governance challenges encountered during the implementation of PSCP II, the project will build in preventive measures through collaboration with Inspector General of Government (IGG). The project will finance a diagnostic on governance constrains of the key implementing agency to identify project specific steps that could be undertaken to address governance challenges through a Governance Action Plan (GAP). Through lessons learnt from the governance challenges encountered during the implementation of PSCP II, the project will build in preventive, deterrent, and detection measures for corruption through collaboration with the IGG which is the primary national agency for investigation and prosecution of corruption cases. Triggers will be built into the project that call for the IGG’s expeditious interventio n to respond to any allegations of corruption in the project. The project will also provide TA to build IGG’s capacity in the core areas of complaints handling, investigation and prosecution of corruption. In addition to these measures, the project will build in scope for non-state actors, professional groups, and civil society coalitions to participate in monitoring both implementation processes (i.e., through PSFU and MLHUD) at all stages of the project to enhance the chances of meeting the project development objectives. In view of the experience of implementing PSCP II, the current project will institute measures to make sure that project implementation and reporting are streamlined. In addition, to inform beneficiaries about the reforms being implemented, the project will support communication campaigns with businesses and the public using television, newspapers, radio, brochures, bulk SMSs, a two-way consultation portal, conferences and seminars. 2.3 PROPOSED INVESTMENTS AND TARGET AREAS The Project’s physical activities will be limited to site specific civil works for rehabilitation or construction of Zonal Land Offices in selected districts throughout Uganda, rehabilitation of offices of the Institute of Surveying and Land Management in Entebbe on Sebutinde Road and renovation or construction of the Hotel and Tourism Training Institute (HTTI) in Jinja. The project physical activities will be located in Kampala, Jinja and throughout selected urban and municipal centers of Uganda, namely the Districts of Luwero, Mpigi, Mityana, Soroti, Kabale, Rukungiri, Tororo, Mukono and Moroto for land offices. Project reforms in support of the land registration systems, land dispute resolution, and other national reforms will have impacts nationwide on improving transparency and security of land tenure. The land administration component will support the development of a gender promotion strategy in the first year of the project in order to promote gender equity in land registration. Similarly, civil society engagement and communication strategies will be developed during the first year of the project aimed at enhancing public participation and transparency in the whole exercise of documenting land rights. The project may enhance land market and land rights through an Ministry of Lands, Housing and Urban Development 7 FINAL CEDP ESMF improved land registration system, and accelerate the change in land use patterns, but is not expected to result in different land uses than those that would take place without the project. The CEDP will also support activities geared to reducing land disputes. A social diagnostics study is being undertaken ahead of project implementation to identify any social issues to address during project implementation. In addition, social, environmental and economic impact studies, with baseline and follow-up surveys, will be undertaken during implementation to assess issues and generate remedial measures. 2.3.1 Project Exclusion Activities The CEDP will not finance the following activities:  Religious infrastructure;  Headquarters for cooperatives, groups, or executing organizations;  Activities already covered by other sources of financing or are already included in other national, regional public development programs and where financing has been secured;  Salaries to Government personnel;  Contributions to political parties, trade unions or any other interest groups; and  Category A subprojects. Ministry of Lands, Housing and Urban Development 8 FINAL CEDP ESMF 3. KEY ENVIRONMENTAL AND SOCIAL ISSUES AND BASELINE ASSOCIATED WITH THE PROJECT 3.1 PROJECT BENEFICIARIES The primary direct project beneficiaries, specifically from the Matching Grants Facility, are both existing and future entrepreneurs conducting business in Uganda. MSMEs will particularly benefit from these reforms outlined in the Project, considering that they have much higher costs in complying with burdensome regulations and procedures, since they do not have the appropriate infrastructure, which can absorb such costs. Entrepreneurs in priority high-potential sub-sectors (summarized in Section 3.2 below) will also benefit from additional activities implemented as part of the project, such as tourism sector development initiatives and a matching grant program for MSMEs to procure business development services. 3.2 PRIORITY HIGH POTENTIAL SECTORS FOR DEVELOPMENT INITIATIVES3 3.2.1 Tourism This is an important sector in Uganda and a great contributor to foreign exchange, employment, and investment in the recent past. The sector has become the second largest contributor of foreign exchange and fetched US$ 805 million (about SHS 2 trillion) as of August 2011; yet more is to be explored. The MGF will seek to support private sector firms in the tourism sector towards improvements and encourage efficiency along the value chain at individual firm level and associations that bring together different firms in the sector. Under the MGF grant, support shall be availed to any enterprise in the form of MSMEs or community-owned ventures in the tourism- value-chain that plan to establish community-based-tourism business in activities such as accommodation establishment, catering, transport, retail outlets, guiding and entertainment. Support shall be availed to sectoral associations, and professional associations, any privately- controlled institution that support the tourism-industry, such as those that promote the adoption of industry standards, and ratings and to improve the quality of products and services etc. Private sector firms will be supported to undertake activities to: (a) expand their tourism business investment; (b) perform tourism assistance activities, recreational, cultural and sporting activities; (c) supply goods and services in the tourism-supply-chain, including to tourists’ performing arts like dance, music, fine arts rooted in local cultures; (d) make direct sales of goods and services to tourists: this will include agricultural products, food and beverages, handicrafts, guiding, entertainment and other transportation services, entertainment and recreation; and (e) provide service related to nature-based tourism offerings such as hiking and trekking, involving local guides, and village-based tourism, where small groups of tourists stay in a traditional villages to learn about local life and culture; establishment of on-line presence. 3.2.2 Coffee Coffee continues to play a leading role in the economy of Uganda as it currently contributes between 20- 30 percent of the country’s foreign exchange earnings. The BUDS/MGF grant support will help to establish coffee as a key growth subsector. The support to private sector enterprises will help to increase their participation in the Coffee value chain, reduce inefficiencies and endeavor to eliminate constraints thereby leading to increased incomes and competitiveness in the subsector. 3 This summarizes the potential sectors as described in the Project Appraisal Document. Ministry of Lands, Housing and Urban Development 9 FINAL CEDP ESMF 3.2.3 Grains and pulses Maize and beans are widely used for household food and income security but they have become increasingly important non-traditional export crops. Investment in these cultures will increase income, food and nutrition security of many farming households. With support, partly provided by the MGF, the productivity of beans can double from current levels of 1.4 MT/ha to 2.5 MT/ha by 2017/8 leading to an increase of production from 900,000 MT to 2.5 million, which would lead to increase of potential for exports from 350,000MT to 100,000 MT. 3.2.4 Horticulture Horticulture is one of the most productive subsectors with potential to increase income and enhance food and nutritional security. It provides an opportunity for achieving the national development goals if integrated in the broader national development agenda. Priority needs to be given to horticulture research programs in terms of funding and development of capacity to enhance full exploitation and subsector competitiveness. There is lack of research along the value chains, and collaboration and coordination among research institutions and stakeholders is limited. Under the MGF, grant support will be extended to private sector firms along the different value chains. Support shall be extended to enable increased production, standards, post-harvest handling, related training and increased marketing. 3.2.5 Edible oils The edible oil sub sector is one of the growing economic subsectors in Uganda. Even as Uganda’s edible oil production registers tremendous growth, demand for the products has continued to outstrip supply, forcing the country to rely on imports. Edible oil is extracted from Cotton, Maize, Simsim, Sunflower, Palms and other crops. The private sector firms in this subsector can greatly improve and with support from the MGF, they will be assisted to undertake activities aimed at improving competiveness. The program will also seek to work with identified key players in the subsectors including BIDCO, Mukwano and other private firms, to improve efficiency along the value chains by addressing recognized firm level constraints. 3.2.6 Fisheries About 1.2 million Ugandans are employed in the fisheries subsector but their livelihoods are threatened by use of illegal gears, which leads to overfishing and threatens sustainability of the sector. GoU is taking measures to reduce use of illegal gears by over 50 percent in order to reduce harvesting of immature fish by 70 percent and to increase commercial fishing to at least 200,000 MT per annum. The measure will include putting in place appropriate policies, legal and regulatory frameworks to create an enabling environment for the sector to grow. This will include revision of Fisheries Act of 2004, National Fisheries policy of 2004, standard Operation procedures (SOPs), lake management plans, mapping of the lakes, etc. Ministry of Lands, Housing and Urban Development 10 FINAL CEDP ESMF 3.3 SPECIFIC BASELINE ASSOCIATED WITH JINJA HTTI4 3.3.1 Siting and Location Description The proposed project is located on Nalufenya road and plot number 3 and 5 on Hannington Square measuring approximately 1.565 hectares and plot numbers 16-21 and 4, 6, 8 on Jackson Crescent, Hannington Square within Jinja Municipality. Figure 3.1 Proposed location and alternatives to siting of the project Source: ESIA for Proposed HTTI Development, UTRC, Feb 2013. The Proponent owns the site which is approximately 1.56 ha, on a lease term of 49 years with possibilities of extensions and has a title deed for the land which is identified as plot 6-9 Hannigton Square along Nalufenya road and Jackson crescent. However the hotel also acquired permission to use plot 3-5 Nalufenya road for recreational purposes. The system of land tenure in the project area is leasehold. Land use in this area is planned as a hotel and institutional area according to the Jinja Municipal Structure 2008-2018. Crested crane hold a title and lease hold for all the land currently used by the institute. The neighborhood is comprised of mainly residential houses and institutions. Some of the institutions in the immediate neighborhood include: Bilkon Hotel, Deliverance Church, 2 Friends Hotel and Riverside Secondary School. Abutting uses include residential, commercial, schools, church institutions and other social facilities in keeping with the dominant user. The proposed project is collaborated by the ever increasing demand for hotel room accommodation and training due to population growth and economic development. 4 The following information has been derived from the detailed description provided in the ESIA prepared for HTTI in Jinja by URTC. Ministry of Lands, Housing and Urban Development 11 FINAL CEDP ESMF The Institute is located in Jinja, 80 kms from Kampala. It offers training in all Hospitality- related, Management and Entrepreneurship courses. It is the only government-aided Hospitality training institution in Uganda under the Ministry of Tourism, Wildlife and Antiquities. The project is within the present Hotel and Tourism Training Institute (HTTI) campus. An investment in HTTI will include renovation of the institute’s facilities, including expansion of the training kitchens and labs, acquisition of modern equipment for kitchen, laundry facilities and engineering demonstration labs. This will also include Integration of the classrooms and learning resource facilities such as a library, computer and management systems lab. The proposed development will consist of the following:  60 No. residential rooms including one room for disabled  Reception
  Administration unit  Conference hall  Bar cum lounge
 
  Kitchen
  Ladies and gents toilets
  Service block facilities C/W 80 parking bays Each of the rooms and the apartments are self-contained having the provision of WC, bathrooms, wardrobes, beds, TV, furniture and good air conditioning. 3.3.2 Demography The average population density for Jinja District is approximately 586 persons as per 2002 census with a population for the District at 413,937, the Municipality at 86,520, then the Central Division with up to 27,426 people. 75% of the district population comprise of Basoga who are mainly subsistence farmers. 3.3.3 Economic activity The major source of livelihood in Jinja is employment income, trading and property income. Jinja once the most industrialised town in Uganda boasts of various Industries whose revamp will go a long way in alleviating socio-economic status of residents. The major industries now include 4 Fish Processing Plants, BIDCO Vegetable Oil and Soap Factory, Steel Rolling Mills, Grain Millers, 2 tanneries, BAT, 2 Steel Rolling Mills and PAPCO paper factory. Jinja also boasts of a booming tourism industry, including attractions at the source of the Nile, Hotels and white water rafting. 3.3.4 Utilities and services The location of the hotel is within the well-serviced part of the town complete with most of the basic services. The site is served by a main water network currently being operated by NWSC. The area is also well served by a drainage system assisted by the gradient as well as the porous nature of the rock structure. To ensure reliable water supply, the proponent proposes to harvest water from the roof tops and construct a 50,000 litre underground water storage tank complete with a pump and a roof tank. The area realizes unreliable power supply as the mains from the national grid serves the entire area. The commissioning of the Bujagali Dam project has boosted the reliability in supply to the Ministry of Lands, Housing and Urban Development 12 FINAL CEDP ESMF town and the hotel. As a stop gap measure, the hotel will have a stand by generator and solar just in case of interrupted power supply. There are private waste and sewer disposal collectors within Jinja Municipal Council at a fee to the residents and establishments. This will ensure compliance with the cleanliness standards set by the authorities. Its location makes it also able to enjoy good road transport to and from the town centre. 3.3.5 Cultural and historic sites There are no sites of cultural, historic or traditional significance in the immediate neighborhood. 3.3.6 Infrastructure . (a) Roads and Accessibility 
 . The property is situated along the Nalufenya road serving as a secondary road. The access road is bitumen. The proponent will be required to maintain the quality of the roads and avoid oil spillages from the vehicles that transport materials to the site. 
 . (b) Sewage and Waste Disposal . Sewage from the hotel will be disposed of in designated sewer line as established by NWSC upon application and payment of necessary fees for connection on the sewer line. The proponent is therefore advised to adequately consult with the relevant authorities within NWS for easy management of waste. After the consultation with NWSC the proponent shall do a contract with a licensed plumber to construct link sewer lines to match sewage from the dwelling units. 
 (a) Water Supply 
 The proponent will obtain water for domestic use from the NWSC water supply network upon application and payment of the required fees. All plumbing work shall be carried out using galvanized steel piping of equal measures and approved whereas drainage shall be accomplished 
 using UPVC piping. (d) Power Supply The contractor will need to apply to UMEME for authority to connect to the existing National power grid. These include some of the services that will be affected by the project within the neighboring estates. 3.3.7 Bio-physical environment Jinja municipality is located within the Lake Victoria basin areas. Jinja is one of the wettest districts with 2 major rain seasons. Jinja enjoys a pleasant climate with temperatures varying between 200C and 280C. Average rainfall is approximately 112.5 centimeters. The climate of Jinja region is pleasant for most of the year experiencing a double (bi-modal) seasonal rainfall pattern (which peaks during the months of April and November) with high to moderate rainfall from April-May and November-December. Mean annual rainfall range is 500-1000mm/year. Relative humidity mean values range from 70 to 80%. Temperature fluctuates between 200C and 250C in most areas. Ministry of Lands, Housing and Urban Development 13 FINAL CEDP ESMF Jinja Town in particular is characterized by comparatively small seasonal variations in temperature. Due to a high rate of evaporation from the lake surface and to regular winds, which drift across the lake from east to west all seasons, the average rainfall is high 1,558millimetres (61.3in). There is a tendency of the rainfall to decrease as one moves northwards from the lake shores. The rain falls in 160 to 170 days each year, with two peaks from March to May and from October to November. 3.3.8 Geology and Soils Jinja district is underlain by un-differential gneisses formerly seen as part of basement complex. Rhodi ferrelistic Nitisol is the most predominant soil type comprising 42% of the total land area (30415.6 ha), with patches of Epi/Endopetric Plinth sols (constituting 0.8 % of the total land area i.e. 595.1ha) superimposed on the Nitisols in isolated and very small areas. This is mainly in the Jinja municipal council. The site at HTTI is generally thinly covered with loamy topsoi l’s, laterite followed by clay formations, amphibolites, weathered gneiss and fresh granites. A variety of clay, light soils and sandy loamy soils are commonly found in some valleys with a well-defined course and shallow alluvium beds. There are also the ferrisol soils (red soils) on basic rocks. Excavations are possible to a depth up to 40m. However, leachate collection sumps and an impervious lining either of clay or PVC will be required to avoid ground water contamination if excavations are made to that depth. 3.3.9 Vegetation Vegetation in the project area is generally modified by development. What remains are pockets of tree stands scattered throughout the hotel site. The area has grass and some flowers which are planted for aesthetic purposes. Given the nature of anthropogenic impacts already evident around the crested crane hotel and tourism training institute, the only remaining species are birds and rodents. 3.3.10 Water Resources The hotel is connected to piped water system from National Water and Sewerage Corporation and this water is being used as the main source of drinking water together with other domestic activities. The hotel and institute has a water tank/ reservoir which is used by the hotel in instances where water is not available in the municipality. 3.3.11 Sanitation The hotel is connected to Jinja central Sewer network. The hotel uses flash toilets because it is connected to water and sewerage. 3.3.12 Solid Waste Management The major types of solid waste generated by the hotel and tourism training institute include polythene bags, bottles, papers, organic food wastes, metallic wastes, and medical wastes. There is a municipal solid waste skip in the crested crane site; however it is not properly used. It was also observed that there are litter bins placed at different points in the hotel premises. Ministry of Lands, Housing and Urban Development 14 FINAL CEDP ESMF 3.4 ENVIRONMENTAL AND SOCIAL BASELINE OF THE DISTRICTS TARGETED UNDER THE PROJECT The following section provides a summary of the baseline associated with Luwero, Tororo, Moroto, Soroti, Kabale, Rukungiri, and Mityana district land offices to be financed under the CEDP that has been derived from the EIAs prepared by URTC. During preparation of the ESMF, the EIAs for Mpigi and Mukono were not yet complete. 3.4.1 Site of Luwero District Land Offices (a) Rainfall The region has a bi- modal rainfall pattern. The first rains are in March –May and second rains are in September - December with a mean annual of ranging from 1171 mm to 1330 mm. The dry spell falls between June and July and December and March. Rain fall is evenly distributed in most parts of the district. The mean maximum temperatures ranges between 27.6 – 31.1 Degrees Celsius while the mean minimum temperatures range between 15.9 – 17.2 Degrees Celsius. (b) Geology and Soils The site lies within an area of Precambrian Basement with mainly undifferentiated acid gneisses. (c) Physical Infrastructure The site is accessed from Wobulenzi Township on the Kampala – Gulu Highway. It is then followed by a murram road (1.5 km away) from Wobulenzi Town Centre which leads to Bukalasa Agricultural College which shares a boundary to the north of the site. The murram road is also in a good condition and connects to various areas including Ndejje University and also has connectivity back to the main Kampala-Gulu highway. (d) Topography The topography of the site can be described as generally flat. (e) Vegetation The vegetation is modified by landscaping and human activities which include compound maintenance activities and office movements by several visitors to the site and there are no mature trees or threatened species and therefore have low ecological significance. (f) Electricity Grid The site has access to hydroelectricity power line which could easily to suit energy demand of the proposed establishment. (g) Telecommunications This site is within an area that is well serviced by all wireless phone networks. (h) Water Supply The proposed office buildings will obtain water by connection to the Directorate of Water Department (DWD) line. (i) Solid Waste Disposal The disposal of solid waste must be in compliance with the laws. A designated waste dumping site should be used. Ministry of Lands, Housing and Urban Development 15 FINAL CEDP ESMF 3.4.2 Site of Mityana District Land Offices (a) Meteorology Microclimate of the site affects on site conditions, activities and operations hence influencing extent and intensity of socio-economic and environmental impacts of the project. More soil erosion would for example be experienced during rain seasons than in drier months. Dry seasons will be characterized by higher water demand for cleaning dusty areas and watering lawns. The section below provides a quantitative situation of the microclimate of Mityana area which is relevant to the proposed office facility development. (b) Rainfall Mityana experiences two distinct rain seasons. The shorter and lighter rains fall from March to May while heavier and longer rains are experienced from August to November. (c) Topography The topography of the site can be described as flat to gently sloping with slopes approximately 5 % or less. The ground elevation is approximately 1152 m above mean sea level. The site is located on part of a gentle slope which drains to the valley and therefore the site is naturally well drained. (d) Vegetation The vegetation of the site has been modified by human activities including subsistence agriculture and grazing. The site consists of typical short savannah grassland and shrubs which form most of the vegetation surrounding the area and there are no mature trees on the site. There are no threatened species and therefore have low ecological significance. (e) Electricity Grid The site has no electricity, however a11 kV hydroelectricity power line, which could easily be stepped down to either single-Phase (240 volts0 of three-phase (415 volts0 to suit energy demand of the proposed establishment is about 500 metres-1kilometre away (f) Telecommunications This area is within the Mityana Town Council and is well serviced by all wireless mobile phone networks. (g) Water Supply The proposed office buildings will obtain water by connection to the NWSC grid, which is about 500 metres-1 kilometre from the site. (h) Sewerage Disposal Disposal of sewerage from the proposed project will be by connection to NWSC sewer network however before the network reaches to the area, buildings will be connected to a septic tank. (i) Solid Waste Disposal The disposal of solid waste must be in compliance with the laws of the town. Mityana has recently benefited from a Clean Development Mechanism Composting site and therefore have well designated area for waste management. Ministry of Lands, Housing and Urban Development 16 FINAL CEDP ESMF 3.4.3 Site of Moroto District Land Offices (a) Site location The proposed site is part of the Chain linked fenced land and will be curved out of a bigger chunk of land presently housing both the Moroto District Headquarters and Municipal Council. The land is located within in Boma North ward, Northern Division, Moroto Municipality and can be accessed from Lorika road. Moroto Municipality is found in Moroto District in the Eastern region of Uganda in the western foot of Mount Moroto. It covers an area of approximately five square kilometers and is surrounded by Matheniko county of Moroto District. It is bordered by Katikekile Sub County from East, Rupa Sub County from north and Nadunget Sub County from west. (b) Topography The area is characterized by flat leveled site with a gradual slope originating from the mountainous slope and the Karamoja landscape plateau which slopes gently westwards. (c) Soils The area is characterized by volcanic soils, which are known to be acidic with low phosphorous content. (d) Climate Moroto Municipality is characterized by prolonged dry season extending from October to March and a short rainy season from April to September. The rainfall ranges between 300mm to 1000mm per annum with temperatures ranging between 21 degrees Celsius to 30 degrees Celsius. Mount Moroto generally influences the cold climatic conditions and windy period during the rainy season and the dry spell of the year. (e) Vegetation The project area is characterized by modified savannah grassland with a few mature trees which are well spread and are typical of semi-arid vegetation. (f) Population Composition and Characteristics
 According the 2002 population and housing census, Moroto District report, Moroto Municipality had a total population of 7380 of which 3,580 (48.5%) were males and 3800 (51.5%) were females. According to the 2002 census, only 8% of the households lived in owner occupied dwelling units on opposed to 92% of the household population who either live in rented or without housing at all. The North Division was the worst with 1.7% of the household living in owner occupied dwelling unit thereby leaving 98.3% renting or without housing accommodation. (g) Main Economic Activities The main economic activities in Moroto Municipality comprise of commercial activities in Lopeduru market located in South Division, Main market in North Division, few wholesale shops mainly in South Division a number of retail shops both in South and North Divisions, service shops and one or two garages, mainly in North Division. The major contributing economic activity in Moroto Municipality is the public service, education and health followed by other social service organizations, sale of foodstuffs, household and personal goods, construction work and owner small engagements. (h) Electricity Grid The site has access to the thermal electricity power line which could easily be tapped to suit energy demand of the proposed establishment. Ministry of Lands, Housing and Urban Development 17 FINAL CEDP ESMF (i) Telecommunications This site is within an area that is well serviced by most wireless phone networks. (j) Water Supply The proposed office buildings will obtain water by connection to the Directorate of Water Department (DWD) line. (k) Solid Waste Disposal The disposal of solid waste must be in compliance with the laws. A designated waste dumping site should be used. 3.4.4 Site of Soroti District Land Offices (a) Climate and Rainfall The project area is located in a hot and humid region with a mean annual rainfall generally in the range of 800-1100mm.The rain is primarily falling during two wet seasons with heavy rains in March-May and the “short rains� in September-November with about 80mm/Month separated by Dry seasons of about 40-60mm/month. There is normally a short dry spell between the two rain seasons during mid June – mid July. The long dry season sets in during late November through to early March. The distribution is such that areas bordering Northeast experience earlier dry seasons. Typically, the rain falls in the form of short afternoon showers, lasting normally between one to two hours. (b) Temperature, Humidity, Wind and Evapo-transpiration The project area generally records a mean annual maximum temperature of around 31.3o C and a mean minimum of around 18oC. Its extreme highest temperatures are in the month of February when it records approximately 35oC. The highest ever recorded was in February 1949 where temperatures reached 40oC. Relative humidity ranges from 66% to 83% at 0600GMT in the morning. However, it reduces much in the afternoon (35%-57% at 1200GMT) thereby reducing chances of rainfall. During the N.E monsoon the area is swept by a wind that has traversed Somalia, passed between Abyssinian massif and Kenya highlands and the hills of Karamoja. The water vapour content of this wind is consequently low. The southwards passage of the inter-tropical convergence zone in October would appear to bring no more rain than is sufficient to produce a gradual falling off from the July peak. There are relatively high rates of evaporation in Soroti District as it lies near the equator. Evaporations are particularly high in the dry seasons. (c) Geology and Soils The project area and its surrounding are composed of underlain rocks of the basement complex Precambrian age that include granites, mignalites, gneiss, schists and quartzites. Generally, the geology of Soroti comprises wholly granatized or high to medium grade metamorphic formations of undifferentiated gneises including elements of partly granitized and metamorphosed formations and, in the north, granulite facies rocks. The soils fall mainly under four major units; Serere and Amuria catena; Metu complex and Usuk type series. These are mainly of the ferralitic type (sandy sediments and sandy loams). They are well drained and friable. (d) Vegetation The vegetation of the project area can best be described as modified dry savannah grassland comprising scattered mivule trees with a few short shrubs. In general the site has been modified by construction activities such as site leveling and compound maintenance activities. Ministry of Lands, Housing and Urban Development 18 FINAL CEDP ESMF (e) Topography, Geology and Soils The topography of the area is generally flat. Teso region (Soroti district in particular) lies within a plateau that is between 1,036 and 1,127 meters above sea level. (f) Drainage The project area is located on a generally flat area. The area around the site is fairly well drained by natural/onsite drainage/water infiltration. Natural drainage (onsite water infiltration) has been one of the major forms of drainage in this project area. (g) Demographic Information Soroti district has a total population of 369,789; of which 180,147 are males and 189,642 are female. It has a population density of over 150.6 persons per sq. km (h) Land Tenure System Land tenure is a system by which land is owned, occupied, used and disposed off. It constitutes rules, regulations and procedures that govern the rights, duties and liabilities of the people in their use and control of land as a resource. The proposed project site is owned by Soroti District Local Government. The land is surveyed and titled. (i) Infrastructure and Amenities The proposed site is well accessed by Central Avenue; Central Avenue connects to the main Soroti-Lira Highway, Soroti-Mbale Highway and Serere road. The site has access to hydro- electricity power, piped water and is connected to the main Soroti sewer network. 3.4.5 Site of Tororo District Land Offices (a) Climate The project area has a sub-humid climate with bi-modal rainfall with peaks during the months of May and October. The total rainfall is between 1,130mm and 1,720mm, with temperatures ranging from 16.20 C to 28.70 C. The relative humidity ranges from 52% to 89%. Tororo Municipality is 1,459.5 metres above sea level. (b) Rainfall Tororo district experiences a bimodal rainfall. The first rains run from March to June and secondary ones are from August to November. Rainfall amounts vary with the area. The counties of Budama, West Budama and Bunyole receive a mean annual rainfall of about 1495mm with a range of 1130 to 1730mm. Busia sub district (Samia Bugwe County) which is slightly wetter receives a mean annual rainfall of 1514mm with a range of 1080mm to 1940mm. However, it has a shorter principal peak period which runs from March to May. (c) Temperature and Humidity The area experiences high temperatures ranging from 15.7°C to 30.6°C. The hottest months start from November to March while relatively cool months are July to September. The district also experiences high humidity in the mornings of 84% to 91% and reduces to 58 to 40% in the afternoons. This has a negative influence on rainfall availability. The district is influenced by two types of winds. During the month of November up to February, strong dry winds of a speed of 7 knots blow from north to south. From around March to June the winds change direction and blow inland from south to east. These are moisture laden and they are the ones which bring the rain in the district. High precipitation particularly during the wet season may significantly increase surface run- on and runoff from the proposed site, thus requiring adequate controls. Seasonality of Ministry of Lands, Housing and Urban Development 19 FINAL CEDP ESMF rainfall patterns should be taken into account during project planning to minimise negative impacts associated with increased runoff. (d) Water Resources Tororo Municipal Council obtains its piped water from a treatment plant on Malaba River, seven kilometers south of Tororo Municipal. Only 2.1% of the population relies on piped water the rest rely on water from unprotected springs and open wells. Other sources include streams, rivers, lakes and ponds. These sources are generally unsafe due to the lack of adequate treatment facilities. The site is within easy reach of piped water, the impact on water availability for the project given its required water demand will be minimal since water is available. (e) Topography The proposed site is characterized by gently sloping topography. The degree of sloping exceeds 5%. Site topography site may experience surface run off during heavy storms. (f) Vegetation The vegetation of the project area can best be described as modified moist savannah grassland comprising of scattered mango trees with a few short shrubs. In general the site has been modified by subsistence agriculture (g) Drainage The project area is located on a generally gentle slope. The area around the site is fairly well drained by natural/onsite drainage/water infiltration towards District Road. Natural drainage (onsite water infiltration) has been one of the major forms of drainage in this project area. (h) Socio-Economics The proposed project is to be located within Tororo Municipality, with most residents employed in small-scale trade and agricultural produce, carpentry, hospitality and accommodation services (hotels and restaurants). Livelihood activities include cultivation, sale of food stuffs retail and wholesale trade in general merchandise. Population density in the project area is generally dense. (i) Transportation and communication Commuter taxis and buses are the main modes of transportation along the project area. “Boda- boda� cycles are also a preferred means of short-distance travel. The area has access to all major telecommunication networks, such as Uganda Telecom, Zain, MTN and Warid Telecom. The proposed site is sufficiently close to the adjacent highway and access roads (District Road and Lukiko Crescent. The site is within reach of basic communication infrastructure such as mobile network coverage (j) Waste Management and Infrastructure Currently the municipality dumps its solid waste within Mukujju Village LC1 along Tororo- Mbale Road. The distance from the project area to the current dumping site is approximately 5km. The divisions in the Municipality provide the funding for the waste management. (k) Population and Demographics Tororo is a densely populated district with an overall average of 1085 persons per square km (National Housing and Population Census, 2002). Tororo is experiencing a rapid growth rate approximately 3%. At this rate, the district is already experiencing population pressures as indicated by out migrations and shortage of arable land. This high population growth exerts a high demand on both natural resources as well social services. Ministry of Lands, Housing and Urban Development 20 FINAL CEDP ESMF (l) Land Use and Land Ownership The proposed project is to be located within Tororo Municipality, with most residents employed in small-scale trade in groceries and agricultural produce, general merchandise, carpentry, and hospitality and accommodation services (hotels and restaurants). Livelihood activities include cultivation and sale of food crops such as ground nuts, sorghum, maize, sweet potatoes, cassava; as well as rearing of livestock (goats, cattle and chicken). The project site is owned by Tororo District Local Government. 3.4.6 Site of Kabale District Land Offices (a) Rainfall The project area receives ample rainfall with a mean annual total of 1475 mm. The project area receives ample rainfall with a mean annual total of 1475 mm. According to the analysed rainfall data for 33 years, a maximum of 2869mm and a minimum of 859mm were recorded. Kabale Municipality experiences two rainy seasons which are separated by two dry seasons in a year. The average annual temperature is 250 degrees Celsius. (b) Physical Infrastructure The site is accessed from Archer road which is a murram road a few metres from the district headquarters. The murram road is in a good condition and connects to various areas of Makanga zone. (c) Topography The topography of the site can be described as relatively sloppy at approximately 40 % or less. The ground elevation varies of the site is 1340m-1400m above mean sea level. The site is located on a relatively steep slope therefore well drained. (d) Vegetation The proposed site is composed of modified vegetation. The site has been modified by some subsistence farming leaving only a few pockets of grass characteristic of urban environments. The site has some potatoes hips and a few scattered banana stems. The proposed site is enclosed by a chain link shared by former Legal Aid offices-now the district chairperson’s residence. There are no threatened species and therefore have low ecological significance. (e) Settlement
 Kabale Municipality is fairly densely built with low and medium income houses dominating, followed by commercial premises especially in the Central Business District (CBD) and then high- income housing. The proposed site is located in a low density residential area. (f) Electricity Grid The site has access to electricity. The Municipality is served by hydro electric power from Jinja and of recent has become unreliable due to constant load shading. The area is connected to the national power grid from the Kabale substation that supplies the whole residential area in Makaga residential/civic area where the land offices are proposed for construction. It is supplied by UMEME. (g) Telecommunications This area is within the town and well serviced by both landline and all wireless phone networks (i.e. Utl,Warid, airtel and Mtn). Ministry of Lands, Housing and Urban Development 21 FINAL CEDP ESMF (h) Water Supply There is sufficient and reliable water supply by the national water and sewerage corporation. The proposed Land office building will obtain water from the existing water lines in the area in liaison with NWSC. (i) Sewage Disposal Disposal of sewage from the proposed project will be by connection to the NWSC Sewerage system which leads to the Kabale Sewerage treatment plant. (j) Solid Waste Disposal The disposal of solid waste must be in compliance with the laws of the town. 3.4.6 Site of Rukungiri District Land Offices (a) Rainfall Microclimate of the site affects site conditions, activities and operations hence influencing extent and intensity of socio-economic and environmental impacts of the project. More soil erosion would for example be experienced during rain seasons than in drier months. Dry seasons will be characterized by higher water demand for cleaning dusty areas and watering lawns. The proposed site has a mean annual rainfall varying from 750mm to 1520mm.The average annual rainfall of 1125mm.There are two rainy seasons from late August to December and February to April. (b) Topography The topography of the site can be described as gently sloping with slopes approximately 20 % or less. The ground elevation varies of the site is 1340 m-1394m above mean sea level. The site is located on a gentle slope therefore well drained. (c) Vegetation The vegetation is composed of modified short grass on the site with some shrubs and surrounded by a hedge of trees that forms an enclosure. There are no threatened species and therefore have low ecological significance. (d) Socio-Economic Environment Rukungiri municipality is fairly densely built with commercial streets in the central business district, low, medium and high-income residential housing dominating the town out skirts. The proposed site is located in the civic area (district headquarters), next to the grade 1 magistrate’s court, Runkugiri central prison, municipal council offices and the office of the attorney general. (e) Electricity Grid The Municipality is served by hydroelectric power connected to the national power grid. The power is supplied by UMEME. The district headquarters when the land offices are to be constructed is connected to power and also has a stand by generator. (f) Telecommunications This area is within the town and well serviced by all wireless phone networks (i.e. Utl, Warid, airtel and Mtn). The district head quarters are connected with internet services provided by Uganda telecom (Utl). Ministry of Lands, Housing and Urban Development 22 FINAL CEDP ESMF (g) Physical Infrastructure The site (i.e. plot 336 block 5) is accessed from Rwamahwa road close to the junction of Rwamahwa and Ishaka roads. The access road is tarmac but with erosion there is a lot of soil in the road. This is the main access to the district headquarters and the government prison. (h) Water Supply There is sufficient and reliable water supply by the national water and sewerage corporation. The proposed land office building will obtain water from the existing water lines in the district area in liaison with the NWSC. (i) Sewage Disposal There is no central sewer network in the district and most of the sewerage is disposed by septic tank systems. It is therefore planned and anticipated that a septic tank will be constructed within the proposed project area. (j) Waste Disposal The municipality has several garbage skips in different areas of the town. The municipality has access to waste collection trucks and a dumpsite. The proposed land office will have proper in house management by providing garbage bins both during construction and operation. The disposal of solid waste must be in compliance with the laws of the town. Ministry of Lands, Housing and Urban Development 23 FINAL CEDP ESMF 4. ENVIRONMENTAL MANAGEMENT REQUIREMENTS AND PRACTICES This document will comply with both the World Bank safeguard policies and the relevant GOU legislation as summarized below. Where there is a difference between the local regulations and World Bank policies, the Project will aim to apply the more stringent requirements. 4.1 WORLD BANK SAFEGUARD POLICIES AND REQUIREMENTS The CEDP has been assigned an EA Category B given that significant adverse environmental and social impacts are not expected due to the nature of the proposed activities and those identified can be addressed through adequate environmental and social mitigation and monitoring measures. The applicable safeguard policies are: Yes/No If applicable, how might it apply? Yes Environmental Assessment (OP/BP/GP 4.01) Safeguards policy OP 4.01 has been triggered, given that the project will include civil works, primarily for rehabilitation and refurbishment of office buildings and a hotel school. Some new structures, e.g. new offices, will be built. The site and scale of proposed infrastructures have not been identified in sufficient detail; hence an Environmental and Social Management Framework (ESMF) will be prepared, consulted upon, and publicly disclosed in Bank InfoShop and locally to guide identification and management of potential environmental and social impacts. Consultations with project stakeholders will be carried out as a part of ESMF preparation. For the first few sites for which sufficient information is available to carry out site-specific environmental and social due diligence, an ESIA has been prepared. No Natural Habitats (OP/BP 4.04) Given the anticipated small scale of projects physical interventions, and their location in the built up residential and administrative urban and rural centers, the project is not anticipated to have a potential for significant adverse impacts on critical natural habitats or lead to significant conversion of natural habitats. Nonetheless, identification of potential natural habitat issues will be built into the ESMF screening protocol and assessed in detail as a part of site-specific ESIAs as a matter of good practice. No Forests ((OP/BP 4.36) The project is not expected to affect the health or management of forests, and will not support forestry or logging operations. Yes Pest Management (OP 4.09) Project is not envisioned to entail or directly support any pest or pesticide management. Nonetheless, matching grant facility (MGF) support to improved efficiency and productivity of private enterprises in the agricultural sector may indirectly encourage adoption of more sophisticated production techniques that may include the use of pesticides; similarly it may indirectly lead to increased production that may correspondingly increase the levels of pesticide use. Handling of issues related to potential use of pesticides will be included in the ESMF screening protocol, and in the Operational Manual governing the MGF. Yes Physical Cultural Resources (OP 4.11) The project civil works may lead to accidental finds or physical cultural resources. The ESMF and preparation of site specific EIAs will include assessment of potential impacts on physical cultural resources, and guidelines for handling chance Ministry of Lands, Housing and Urban Development 24 FINAL CEDP ESMF finds. For activities targeting known physical cultural resources, an ESIA will be prepared. Yes Involuntary Resettlement (OP/BP 4.12) There is a possibility of land acquisition or displacement of land uses due to civil works and rehabilitation of infrastructure. The specific sites or locations of some of the projects physical activities are not known. A Resettlement Policy Framework (RPF) will be prepared to specify the process for preparing, reviewing, approving and implementing subsequent Resettlement Action Plans (RAPs) for the project before the relevant civil works are initiated, should any be required. The RPF and PAD will also describe the land tenure arrangements and any risks that could affect land acquisition leading to involuntary resettlement and/or restrictions of access to resources and livelihoods. No Indigenous Peoples (OP 4.10) The project is not expected to include known indigenous people’s areas. No Safety of Dams (OP/BP 4.37) This project will not support dams or depend on them for achieving its objectives. No Projects in Disputed Areas (OP/BP/GP 7.60) No impacts on international waterways are envisaged. No Projects on International Waterways (OP/BP/GP 7.50) No disputed areas were identified in any potential project locations. 4.2 UGANDAN POLICY AND LEGAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT The following section outlines the policies and regulations most relevant to the CEDP. 4.2.1 The National Environment Management Policy The National Environment Management Policy (NEMP) was developed in 1994 as a follow up to the recommendations of the National Environment Management Action Plan. The NEMP sets out the overall policy goals, objectives and principles for environmental management in Uganda. The NEMP recommended, among other actions, revision and modernization of sectoral policies, laws and regulations and establishment of an effective monitoring and evaluation system to assess the impact of policies and actions on the environment, the population and economy. The Policy also allowed for the formulation of sectoral or lower level policies concerning environment and natural resources management. Some of the policies that have been formulated in conformity with the NEMP include: the National Water Policy (1999), the National Wetlands Management Policy (1996), the Wildlife Policy (1996), the Fisheries Policy (2000), the Forestry Policy (2001), the draft National Soils Policy, and several District Environment Management Policies. Ministry of Lands, Housing and Urban Development 25 FINAL CEDP ESMF 4.2.2 The National Environmental Act, Cap.153 The National Environmental Act, 1995, is the principal law governing environment management and conservation in Uganda. The objective of the Act is to promote sustainable development by: a) Integrating environmental requirements into all planning and production processes; and b) Ensuring that renewable resources are optimally used through reduced waste, use of appropriate technology and finding of alternatives to present use of resources. The Act also establishes NEMA as the overall body, charged with the overall responsibility of the management of environmental issues in Uganda. NEMA, in consultation with the lead agencies, is empowered under the Act, to issue guidelines and prescribe measures and standards for the management and conservation of natural resources and the environment in general. 4.2.3 Relevant Environmental Regulations and Standards In order to operationalize the provisions of the National Environmental Act, a number of specific regulations and standards have been developed together with the accompanying guidelines for managing the environment. Those directly applicable to the proposed investments include:  Regulations on Environmental Impact Assessment, 1998;  National Environment (Noise Standards and Control Regulations) 2003  The Water (Waste Discharge) Regulations, 1998  The National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations (1999)  The National Environment (Waste Management) Regulations (1999)  The National Environment (Wetlands, River Banks and Lake Shores Management) Regulations (2000)  The Occupational Safety and Health Act (2006)  Water Act, Cap. 152  The Land Act (1998)  Public Health Act, 2000  The Local Governments Act, 1997  The Access Road Act, 1969 and The Roads Act, Cap 345  National Environment (Noise Standards and Control Regulations) 2003 4.3 ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES 4.3.1 The National Environmental Act, Cap.153, The National Environment Act Cap.153 regulates environmental management in Uganda. Schedule III of the Act provides a list of projects that require an EIA to be undertaken prior to project implementation (refer to Table 4.1). The Act defines an EIA as a systematic examination conducted to determine whether or not a project will have any adverse impacts on the environment. Ministry of Lands, Housing and Urban Development 26 FINAL CEDP ESMF Table 4.1 Schedule III Annex 1: Projects which Require an EIA Category Activity Urban development  establishments of industrial estates  shopping centres/malls  expansion of recreational townships in areas like national parks or protected areas Transportation  all major roads  all roads in scenic, wooded areas  railway lines  airports / fields  water transport, pipelines Aerial spraying Mining:  quarrying and open cast extraction of precious metals, metalliferous ores, limestone etc. Dams, rivers and water storage sources:  storage dams  river diversions and water transport catchment areas  drilling for purposes of utilising ground water resources Forestry activities:  timber harvesting  use of pesticides and fertilizers  introduction of new crops Processing and manufacturing  mineral processing products:  foundries  glass works  oil refineries  tanning and dressing of hides and skins  food processing  brewing and malting Electrical infrastructure:  generation stations, transmission lines, electrical substations, manufacturing storage schemes Waste disposal:  sites for disposal  sewage disposal  works offensive odours  atmospheric emissions Natural conservation areas:  creation of buffer zones, national parks  establishment of wilderness areas  introduction of alien species of fauna and flora  policies for management of ecosystems Ministry of Lands, Housing and Urban Development 27 FINAL CEDP ESMF 4.3.2 Ugandan EIA Process EIA regulations and procedures focus on the following points5: (a) Screening Process The screening process is designed to determine which projects require a full EIA process. The nature, type and location of the project are described in the environmental screening form with a preliminary indication of potential socio-economic and biophysical impacts (number of people/ communities affected, sensitive habitats, threatened species, etc). Based on the screening exercise, NEMA makes a decision on whether an EIA is required or not. In the event of an EIA is not required, the proponent is still obliged to describe methods and procedures for proper environmental management (storage of semi-hazardous materials, solid waste disposal, etc). (b) Screening Form A standardized Project Brief is submitted by a developer using a Screening Form. The form requires that the developer submit information on the proposed project/activity and inter-alia, on the following:  Developer;  Contact points;  Location and size of the site/facility;  Inputs required (utilities and raw materials);  Products and by-products (finished products and wastes);  Methods of waste disposal;  Anticipated environmental and social impacts (number of people/communities likely to be be affected, sensitive habitats, vulnerable groups and species etc). General information is required at this first stage. If in-depth analysis has already been done, results should be indicated on the screening form. If however, only preliminary analysis/surveys have been done, this will in general suffice for the screening form. Where the developer needs assistance to complete the screening form, a lead sectoral department concerned or a consultant can be enlisted for help. Upon completion by the developer, the form is submitted to the lead department or the Authority. If the form has been completed correctly, the lead department forwards the form to the Authority for consideration. The Authority determines the follow-up actions required in consultation with the lead department. If necessary, the Authority, the lead department, and/or a designated sectoral working group may visit the proposed project site to clarify details or complete the information required. (c) Authority Project Classification Based on information obtained from the screening form, a systematic review of the information is completed by the Authority to determine whether an EIA needs to be conducted. Evaluation criteria have been established which provide a general guide for determining whether or not a full EIA is required. This ensures a fair and consistent review of all proposed projects at this screening 5 Local Government Management And Service Delivery Program (LGMSDP), Environmental And Social Management Framework, July 29, 2007. Ministry of Lands, Housing and Urban Development 28 FINAL CEDP ESMF stage, based on the information provided by the project proponent. As a result of this screening, the project is classified in the following manner6: Class A: EIA Required – If the Authority, either based on the screening form or after additional information has been provided, has sufficient reason to believe that the project will cause a significant negative impact on the environment, it will require that an EIA be made in accordance with the provisions stipulated below. Class B: Additional Information Necessary – In cases where doubts remain as to the significance of potential impacts on the environment, further information is required. Projects categorized as Class B will be required to provide additional information prior to the Authority making a decision on classification. In this case, the Authority will give the project proponent, in writing, a clear indication of the information that needs to be provided. The Executive Director reserves the right to determine what additional information is required. After additional information has been provided, the Authority will reassess the proposed project and will determine if it falls into Class A or C. Class C: No EIA Required – A project may be categorized as Class C if it is determined that the proposed project will have no significant or adverse impact on the environment. The Executive Director may grant environmental approval to the project without further analysis. Apart from the EIA content, the procedures require a public survey prior to the issuance of any authorization on the basis of the EIA. The EIA conducted by the consultants at the request of the proponent is submitted for approval to the NEMA that looks after the procedure for the preparation of EIAs (approval of the TOR, approval of the studies, authorization given to consultants and consultancy firms, etc.). (d) Consultations during the EIA process The Authority, upon receiving a project brief consults the lead sectoral department. It invites public comments on statements of project intent submitted to it especially from those most likely to be affected by a proposed project. It is only subsequent to these two consultations that the Authority is required to invite interested organs of the State to comment on both the statement and the comments to follow. A public enquiry is the final form of consultation. To facilitate the EIA process, the following arrangements are proposed:  A special file is opened for every developer. Proper documentation of all the transactions and consultations for each EIA case, in addition to, where deemed necessary an environmental and social statement.  The Authority designs standard letters to be issued to developers who have submitted project briefs. The letter specifies the class of EIA required.  The Statement or its summary is published in local papers, also: (i) requesting members of the public to forward to the Authority any comments they may have and (ii) inviting the public to study and comment on the Statement which will be available at the Authority, the lead sectoral Departments and Local Government Offices in the relevant region.  The Authority, the developer, and the Permanent Advisory Group on EIA and interest groups hold consultative meetings with the communities after the public comments on a Statement. 6 Local Government Management And Service Delivery Program (LGMSDP), Environmental And Social Management Framework, July 29, 2007. Ministry of Lands, Housing and Urban Development 29 FINAL CEDP ESMF  The Authority issues a Certificate of Environmental Approval to any developer whose project has been approved.  Test cases assess the capabilities of local consultants to contribute to an environmental impact study (and in the process receive training); assess the strengths and limitations of the guidelines.  Testing will lead to modifications of procedures and guidelines. Documentation and annual statistics will be vital for modelling possible future expansion of development activities and related projects requiring EIA. The impacts due to implantation of various industries in urban and peri-urban areas or the resettlement of populations close to these centers of economic activity will have to be dealt with in a timely manner for the safety, security and health of the communities. These issues will be addressed in the RPF. In cases where it is obvious that a project will not be in line with the laws of Uganda the Executive Director may reject a project without any obligation to carry out an EIA. 4.4 ENVIRONMENTAL CATEGORIES FOR PROPOSED CEDP ACTIVITIES The environmental categories to be applied to CEDP interventions will rely on the screening of environmental and social impacts which takes place during the pre-appraisal of the investments. Under the CEDP ESMF and in line with local regulations, the following categories will be used to screen subprojects7:  Category A are defined as those that pose significant environmental and social impacts (due to the scale, type and location of the investment) and will require the preparation of a site specific EIA for approval. Such interventions would be ineligible for CEDP support.  Category B (e.g. rehabilitation of office buildings, access roads, etc) have moderate or limited environmental and social impacts, which can be mitigated and managed through an Environmental Management Plan (EMP) and associated safeguard management plans. For example, construction of a hotel or building may require an EIA/EMP during the design and preparation of the investment in order to ensure that engineering and feasibilities options being considered are environmentally sound. In the case of the HTTI and district land offices, EIAs were required by NEMA and the World Bank in accordance with OP 4.01.  Category C (e.g procurement of patents or manufacturing rights, procurement of prototypes, technology transfer to facilitate the physical development of new products ie raising the skills, standards, and quality of firms in export supply chains, including enhancing the technologies of the selected sectors, new quality control equipment, staff training) have minimal or no negative environmental and social impacts and the insertion of environmental clauses in the construction and supervision contracts for subprojects is adequate. The majority of the proposed CEDP investments (both in tourism and through the matching grants facility such as in rural markets, agro-industry or SME finance) will be considered Category B or C since they are local level small-scale interventions which can be managed effectively by an EMP and related safeguard management plans where applicable. However, in cases where the proposed location and nature of the investment present potential adverse environmental and social impacts such as the siting of the HTTI, an EIA will be required and findings will be used to determine whether the CEDP will proceed with this investment. 7 For the CEDP ESMF, environmental ‘categories’ are equivalent to Ugandan environmental screening ‘classes’; however the term’ category’ is used to ensure consistency with the WB OP 4.01. Ministry of Lands, Housing and Urban Development 30 FINAL CEDP ESMF 4.5 INTERNATIONAL CONVENTIONS AND TREATIES In 1998, Parliament enacted the Foreign Treaties and Relations Act which provides for entering into international, regional agreements and conventions. Uganda has entered into several international environmental conventions and agreements. Those which may apply to the CEDP, primarily Component 4: Tourism Development include:  Convention on Wetlands of International Importance especially as Waterfowl Habitat - Ramsar Convention (1971)  Convention Concerning the Protection of the World Cultural and Natural Heritage (1972)  Convention on the International Trade in Endangered Species of Wild Fauna and Flora CITES (1973)  Convention on the Conservation of Migratory Species of Wild Animals (1979)  Vienna Convention for the Protection of the Ozone Layer (1985)  Montreal Protocol on Substances that Deplete the Ozone Layer (1987)  Convention Concerning Safety in the Use of Asbestos (1986) In addition, Uganda has also entered into several regional environmental conventions and agreements:  African Convention on the Conservation of Nature and Natural Resources (1968)  Kagera Basin Agreement (1997)  Technical Cooperation Committee for the Promotion of the Development and Environmental Protection of the Nile Basin (TECCONILE)  Cooperation Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora (the Lusaka Agreement) 1996. Ministry of Lands, Housing and Urban Development 31 FINAL CEDP ESMF 5. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS 5.1 PROJECT IMPLEMENTATION ARRANGEMENTS The Project will be implemented by two agencies, PSFU and MLHUD. The Project Coordination Unit (PCU) will be established in PSFU to implement Business Registration and Business Licensing Reforms; Tourism Competitiveness Development and Matching Grant Program for MSMEs. The MLHUD will have the responsibility for the implementation of the Land Administration Reform component. The MoFPED will formally delegate responsibility for project implementation to the PSFU and the MLHUD. The assignment of implementation functions and the transfer of funds to the PSFU and the MLHUD will be detailed in a subsidiary agreement to be signed by the government and the PSFU and the MLHUD (refer to Figure 5.1). The project staff contracted by the MLHUD and the PCU will supervise and coordinate the project. These personnel will consist of qualified project experts (project manager, procurement specialist, financial management specialist/accountant, a matching grants specialist, civil engineer, tourism development specialist, environmental specialist, and an internal auditor). Where adequate skills are available within the implementing agency, no new recruitments will be carried out. Fiduciary aspects of the project will be managed by the ED/PSFU and PS/MLHUD who will also be responsible for (i) project financial management, including project accounts, payments, disbursements of IDA funds, project budgeting and auditing (ii) procurement (iii) monitoring of project progress and evaluation of results; and reporting to the Government and IDA. The financial and procurement assessment of the project are detailed below. To ensure proper coordination and supervision of the project, a PSC will be established to provide policy guidance and oversight and a PTC to provide day-to-day technical guidance and supervision of the project activities. The PSC will be chaired by the Permanent Secretary/Secretary to the Treasury and will be comprised of Permanent Secretaries from respective Ministries, responsible for the respective project components and private sector representatives. The scope of work of the PSC will be to provide strategic guidance, policy formulation and to receive and take action on reports from the PTC. The PTC will comprise of the Executive Director of PSFU, the Executive Director of UWA, The Executive Director of UTB, the Principal of HTTI, the Registrar General of URSB and the Director of Land Management. The PTC will be responsible for overall project implementation including: (i) development and approval of annual plans for project activities, project budget, and consolidated procurement plan, as well as regular reviews of project M&E data to determine progress and make adjustments, if need be, to ensure satisfactory achievement of end of project outcomes; (ii) consensus building on key policy issues related to implementation; and (iii) monitoring of issues related to implementation of reforms. For the implementation of the Land Administration Reform component, an additional technical committee comprising of technical heads of the Lands Registration, Land and Surveys, Physical Planning, Land Valuation, and Land Commission will be established to provide technical oversight to the project component. Ministry of Lands, Housing and Urban Development 32 FINAL CEDP ESMF Figure 5.1: Project implementation arrangements Project Steering Committee MoFPED Project Technical Committee PSFU MLHUD MGF MTWA URSB 5.2 ROLES AND RESPONSIBILITIES IN THE ESMF IMPLEMENTATION Component activities will be achieved through comprehensive support and engagement across MoLHUD, PSFU, and MWTA (see Figure 6.1 below) and through engagement with ministries also involved in the tourism value chain. The MWTA will coordinate with NEMA on ensuring that environmental and social issues are addressed effectively throughout the lifecycle of the Project. Implementation of the ESMF may involve multiple institutions whose mandate is summarized in Table 5.1. Table 5.1 Institutional roles and responsibilities for environmental management MINISTRIES AND MANDATES/RESPONSIBILITIES DEPARTMENTS The Ministry of Housing, The main roles and functions of the Ministry cut across the three sub sectors of Lands and Urban Lands, and urban development which are: i) Formulate national policies, strategies Development (MHLUD) and programmes on lands, housing and urban development sectors; ii) Initiate, review and make amendments to existing legislation on lands, housing and urban development; iii) Set national standards on matters regarding sustainable use and development of land and safe, planned and improved housing/human settlement; and iv) Monitor and coordinate national lands, housing and urban development initiatives and policies as they apply to Local Governments; and v) Provide support supervision and technical back-stopping to Local Governments on matters regarding lands, housing and urban development. The Ministry of Water and The Ministry of Water and Environment (MWE) has the overall mission: to promote Environment (MWE) and ensure the rational and sustainable utilization, development and effective management of water and environment resources for socio-economic development of the country. The ministry has three directorates: Directorate of Water Resources Management (DWRM), Directorate of Water Development (DWD) and the Directorate of Environmental Affairs (DEA). Ministry of Lands, Housing and Urban Development 33 FINAL CEDP ESMF Ministry of Local The Ministry is mandated to carry out a number of responsibilities in the Local Government Government Act as follows: to inspect, monitor, and where necessary offer technical advice/assistance, support supervision and training to all Local Governments; to coordinate and advise Local Governments for purposes of harmonization and advocacy; to act a Liaison/Linkage Ministry with respect to other Central Government Ministries and Departments, Parastatals, Private Sector, Regional and International Organizations; and to research, analyze, develop and formulate national policies on all taxes, fees, levies, rates for Local Governments. STATUTORY AGENCIES National Environment NEMA was formed under the Environment Act 1995 is the principal agency in Management Authority Uganda for the management of the environment. It role is to coordinate, monitor (NEMA) and supervise all activities in the field of the environment. NEMA is under the Ministry of Water and Environment, and has a cross-sectoral mandate and is also to review and approve EIS submitted to it. NEMA has issued guidelines on EIAs (NEMA 1997), and the Environmental Impact Assessment Regulations (1998) was approved by the Ugandan Parliament. The actual implementation of the EIA process remains a function of the relevant line ministries and departments, the private sector, NGOs, the developers, recipient communities and the general public. NEMA retains its mandatory role of coordination, supervision and monitoring environmental issues. As for the implementation of the EIA process, NEMA’s role will involve coordinating the review of the EIS of the planned interventions with relevant line agencies. Other lead agencies that would participate in the review are the Ministry of Local Government and local governments. Specifically, the Environmental Monitoring and Compliance Division of NEMA is responsible for the review and approval of EIAs, post-implementation audits and monitoring of approved projects. Although project sponsors have a responsibility for monitoring their own activities, NEMA carries out its own monitoring largely through district environmental officers and environmental inspectors at NEMA's head office. Uganda Wildlife Authority Uganda Wildlife Authority (UWA), under the Uganda Wildlife Act, provides for (UWA) sustainable management of wildlife; to consolidate the law relating to wildlife management, to establish a coordinating, monitoring and a supervisory body for that purpose and for other matters incidental to or connected with the foregoing. UWA in this case will have the role of monitoring the implementation of the EMPs to specifically ensure that the provisions for mitigating the impacts across protected areas are implemented by the project. National Forestry Authority National Forestry Authority (NFA), was established by the National Forestry and (NFA) Tree Planting Act 2003 to conserve, develop, and manage the Central Forest Reserves and to supply quality forestry-related products and services. NFA manages Central Forest reserves on behalf of government and in partnership with the private sector and local communities. NFA will closely monitor the activities of the project across forested areas. National Water and The National Water and Sewerage Corporation (NWSC) is a parastatal that Sewerage Corporation operates and provides water and sewerage services for 23 large urban centers (NWSC) across the country including Kampala. NWSC’s activities are aimed at expanding service coverage, improving efficiency in service delivery and increasing labour productivity. Key among its objectives is to plough back generated surpluses for infrastructure improvements and new investments. DIRECTORATES Ministry of Lands, Housing and Urban Development 34 FINAL CEDP ESMF Directorate of Environmental The DEA is responsible for environmental policy, regulation, coordination, Affairs (DEA) inspection, supervision and monitoring of the environment and natural resources as well as the restoration of degraded ecosystems and mitigating and adapting to climate change. DEA comprised the four departments of Environmental Support Services (DESS), Forestry Sector Support Department (FSSD), Wetlands Management (WMD) and the Department of Meteorology (DOM). DEA works in collaboration with NEMA and NFA. DISTRICTS District Environment Officer The functions of the district environment officer includes the following: (DEO)  advise the district Environment committee on all matters relating to the environment;  liaise with the authority on all matters relating to the environment;  to make such reports to the authority as may be prescribed;  promote environmental awareness through public educational campaigns;  assist local environment committees in the performance of their functions as provided for in the National Environment Act Cap 153;  gather and manage information on the environment and the utilisation of natural resources in the district;  to serve as secretary to the district Environment committee and such other functions as may be prescribed by the District council in consultation with the authority. District Environmental The functions of the District Environment Committees include: Committees  Act as a forum for community members to discuss and recommend environmental policies and bye laws to the District Council;  Advise the District Technical Planning Committee, the District Council and NEMA on environmental management issues in the district.  Mobilize members of the public to initiate and participate in environmental activities;  Develop, in consultation with the District Technical Planning Committee, District Environment Action Plans;  Receive draft District Development Plans from the District Technical Planning Committee for review and endorsement;  Co-ordinate the activities of the District Council relating to the management of the environment and natural resources;  Ensure that environmental concerns are integrated into all district plans and projects; and  Coordinate with NEMA on all issues relating to environment management. MUNICIPAL Municipal Environmental The functions of the a Municipal Environment Officer include the following: Officer  advise the urban Environment committee on all matters relating to the environment;  liaise with NEMA on all matters relating to the environment;  to make such reports to NEMA as may be prescribed;  promote environmental awareness in urban areas through public educational campaigns;  assist local environment committees in the performance of their functions as provided for in the National Environment Act Cap 153;  gather and manage information on the environment and the utilisation of natural resources in urban areas; and  perform any such other functions as may be prescribed by the Council in consultation with NEMA. Ministry of Lands, Housing and Urban Development 35 FINAL CEDP ESMF Private Sector firms undertake design and construction in the sector under Private Sector contract to local and central government. NGOs Local Environmental Local Environment Committees are appointed by the Local Government System on Committees the advice of the District Environment Committee. The functions of Local Environment Committees include:  Prepare Local Environment Work Plans;  Mobilize people, through self-help projects to conserve the environment, restore the degraded environment and improve the natural environment, and  Monitor and report on any event or activity, which has or is likely to have a significant impact on the environment. COMMUNITY Beneficiary Communities Ministry of Lands, Housing and Urban Development 36 FINAL CEDP ESMF 6. PUBLIC CONSULTATIONS 6.1 CONSULTATIONS FOR THE PROPOSED HTTI IN JINJA Consultations for proposed investments under the CEDP were undertaken by Urban Research and Training Consultancy E.A Ltd (URTC), the consultant commissioned to undertake ESIAs for the proposed renovation of the HTTI in Jinja and the ESIAs of the nine local district offices. According to the ESIA prepared for the proposed HTTI in Jinja, extensive consultations were carried out between 22nd January and 5th February 2013 with the neighbours and key stakeholders on a one to one basis to ascertain any arising issues as a result of the proposed expansion of crested crane hotel and training institute. A structured questionnaire was administered to the public and interviews held with neighbors. Feedback from the consultations indicated that the proposed hotel project will generally have a positive impact on the development of the area. The following positives impacts were identified: o Jobs Creation both skilled and unskilled workers will be involved in this project during construction and operation. o Source of revenue to JMC and government such as Value Added Tax (VAT) on construction materials/ tools to be purchased and NEMA fees among others o During the operation of the project, security will be enhanced in the premise and the houses through distribution of suitable security lights and presence of a security guard. This will lead to improvement in the general security in the surrounding area. o Project activities will lead to improvement of infrastructure (access road, sewerage, and water supply and telecommunication networks. o The proposed project shall also promote healthy competition in the hotel market, which has an effect on improved service and fair prices. o The proposed project has the potential to influence the commercial trends in the area in various ways and in the long run the multiplier effect will lead to development and reduction of poverty. o The proposed hotel and training institute project shall consume various materials during construction such as stones, cement, sand, glass, steel products, wood products, PVC products, and ceramic products thus creating market for goods and services and secondary businesses. Annex H provides the list of consultees and copies of the presentation slides for the ESMF. 6.2 CONSULTATIONS FOR THE SEVEN LOCAL DISTRICT OFFICES COVERED UNDER THE PROJECT During the EIA process for the district land offices (7 EIAs prepared and awaiting approval from NEMA, 2 still under preparation), an initial list of project stakeholders was developed. This list has been reviewed and updated (provided in the separate EIAs) on an on-going basis to ensure that it is comprehensive and accurately represents the array of stakeholders. Key stakeholder groups included: Project Proponents/ Developer (MLHUD), District Land office Site, Local Government, Vulnerable groups (e.g. women,) Local authorities and Local community members. The main positive aspects mentioned by the respondents were: the provision of jobs to the residents and also possible increase of land employs that would increase the purchasing power of the local goods especially agriculture items. Ministry of Lands, Housing and Urban Development 37 FINAL CEDP ESMF 6.3 SUMMARY OF CONSULTATION FINDINGS Generally, the positive impacts of the Project on the district land offices were seen as largely positive with a potential to reduce significantly the lack of office accommodation. The overall negative impacts are rated as minimal and can be effectively managed through implementation of an EMP and adequate monitoring and capacity. For the HTTI construction/renovation, the stakeholders consulted (as indicated in the consultation plan provided in the ESIA) have no objection to the proposed project. The project will have to be approved by JMC. Ministry of Lands, Housing and Urban Development 38 FINAL CEDP ESMF 7. IMPACT ANALYSIS AND PROPOSED MITIGATION MEASURES The proposed CEDP is not likely to result in significant adverse environmental or social impacts. The project has a potential of localized, site-specific adverse environmental impacts associated with rehabilitation and civil works for construction and rehabilitation of administrative, training and tourist facilities, particularly the district land offices, hotel school facilities, as well as small nature tourism related infrastructure upcountry. These include construction waste, dust and noise pollution during construction, impact of increase construction traffic, social and health impacts due to temporary establishment of workers’ camps, etc. Most of these impacts are well known and can be mitigated using standard good construction practice embedded in the civil works contracts. The project may enhance land market and lands rights through improved cadastral system, and accelerate the change in land use patterns but is not expected to result in different land uses than those that would take place without the project. Social implications of the ongoing land reform will be identified and assessed and presented in the Social Diagnostic Study of Land Reform, currently under preparation. 7.1 KEY ENVIRONMENTAL AND SOCIAL ISSUES AND IMPACTS ASSOCIATED WITH THE PROJECT The following section describes the key environmental and social issues associated with the proposed Project based on a study of the EIAs for the seven local district offices and for the HTTI in Jinja, and from consultation findings with CEDP stakeholders undertaken in January and February 2013 as summarized on in Section 7 of the ESMF. The key issues identified relate to (i) water, (ii) land, (iii) biodiversity, and (iv) general disturbances (noise, air, waste). The proposed solutions are applicable to all small and medium scale infrastructure and will require adequate implementation of mitigation and monitoring measures. Impacts can be divided into negative and social impacts associated with construction and operation, which depends specifically on the size and nature of the intervention, site location, and affected parties (ie communities and other stakeholders). 7.2 POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS The objective of the CEDP is aligned with promoting environmental and social benefits through its key indicators, especially in tourism development and supporting entrepreneurship, which includes: o Tourism sector employment o Increase in exports of non-traditional commodities o provided training in tourism sector issues o Number external industry and educational bodies which have accredited HTTI o Number of HTTI graduates in updated certificate and diploma tourism skills programs o Number of new tourism MSMEs o Number of female-owned new tourism MSMEs o Number of new employees hired by the MSMEs benefiting from the matching grants program o Increase in sales of firms supported under the matching grant scheme o Rehabilitating the HTTI in Jinja in order to address the shortage of skilled labor in lodging, food/beverage and tour guiding operations o Increasing awareness of Uganda’s tourism offerings leading to the inclusion of the country in multi-destination itineraries with neighboring countries. Ministry of Lands, Housing and Urban Development 39 FINAL CEDP ESMF o Increasing the supply of trained work force capable of delivering competitive hospitality and tourism services.8 The matching grants component will support improvement of enterprise capacity by investing in sub-sector specific business development services, skills and increasing productivity through raising standards at the firm level. It will support a matching grant program for high potential sub- sectors identified by the Uganda CICS II. The expected benefits from the implementation of this component include: o Creation of new jobs; o Strengthening of the competitiveness of enterprises and raised value addition in the selected sub-sectors through access to business development services; and o Strengthened linkages between firms themselves, as well as firms and the markets, which will enable firms to be more competitive, create jobs, and grow their businesses. In terms of the construction and rehabilitation work to be undertaken, there are also several positive impacts associated with the civil works and establishing these land offices, such as employment of local labour, creation of jobs, improvement of associated existing infrastructure (secondary or access roads, rehabilitation of walkways/paths, improved waste management and traffic flows), and positive economic impacts on small market suppliers for raw materials needed during construction (ie building materials). 7.3 POTENTIAL NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS The main negative environmental and social issues of concern that were identified during the EIA consultations (by URTC) for the district land offices and the construction/renovation of the HTTI in Jinja include: o Generation and disposal of construction debris; o The proposed development may cause some strain to the existing infrastructure such as; 
 water supply since construction activities are known to be heavy water consumers and the increase in population proportionately increases water demand thus direct impact to the water supply during both the construction and occupation phases; o Construction activities are likely to generate noise and hence affecting the immediate environment; o Run-off generated by rainfall may cause a myriad of consequences in various facets including flooding and its consequences; o During construction and operation, there is likely to be generation of sewage and effluent. Sewage is of significant concern with respect to the environment and particularly to water and soil. In its raw form, it is serious health hazard and emits offensive odours; o Construction activities have the potential to generate air pollutants in the form of dust particles and gas emissions (fumes) from machinery and vehicles o Vegetation has a great effect on the general and localized environment and normally can modify microclimate. In consequence, de-vegetation to give way for HTTI development may result to negative effects on the fauna; o It is important to note that oil/grease spills / leaks are prevalent in construction sites and in most areas that make use of petroleum products, which contain hard/hazardous elements that are detrimental to the environment; o Construction activities contributes to increased solid wastes including stones, wood, glasses, plastics, containers, metal rods, pieces of iron sheets, sharp objects (nails) etc. 8 ESIA for the Proposed HTTI in Jinja, URTC, February 2013. Ministry of Lands, Housing and Urban Development 40 FINAL CEDP ESMF On completion and occupation, the project will be generating waste products from various operations and activities; mostly house refuse including the polythene challenge; o During construction, there are chances for increased dust, air and noise pollution. These plus other safety hazards such accidents, falling objects, risks from poor scaffolding, ladder and formwork are considered negative impacts; o Temporary interference with the road traffic along the access road to the residential areas road due to the movement of heavy trucks and construction equipment to and from the site during construction phase and operation; o Bad behavioral tendencies of the workers, such as indiscriminate solid waste disposal and use of abusive vulgar words during construction phase; and o Accidents and spread of diseases such as HIV due to influx of foreign workers in the area. 7.3.1 Potential negative impacts associated with tourism investments Tourism investments to be financed under Component 3 of the CEDP have the potential to result in negative environmental and social impacts if not carefully planned and managed through government regulated land use policies and tourism development plans. Typically, negative impacts from tourism occur when the level of visitor use is greater than the environment's ability to cope with this use within the acceptable limits of change. Uncontrolled conventional tourism can put enormous pressure on an area and lead to impacts such as soil erosion, increased pollution, discharges into the sea, natural habitat loss, increased pressure on endangered species and heightened vulnerability to forest fires. Tourism can create great pressure on local resources like energy, food, and other raw materials that may already be in short supply. Greater extraction and transport of these resources exacerbates the physical impacts associated with their exploitation. Because of the seasonal character of the industry, many destinations have ten times more inhabitants in the high season as in the low season. A high demand is placed upon these resources to meet the high expectations tourists often have (proper heating, hot water, etc.). Increased construction of tourism and recreational facilities has increased the pressure on natural resources (minerals, fossil fuels, fertile soil, forests, wetland and wildlife) and on scenic landscapes. Direct impact on natural resources, both renewable and nonrenewable, in the provision of tourist facilities can be caused by the use of land for accommodation and other infrastructure provision, and the use of building materials. Forests often suffer negative impacts of tourism in the form of deforestation caused by fuel wood collection and land clearing. Tourism can cause the same forms of pollution as any other industry:  air emissions and noise pollution (such as from engine boats and road vehicles)  solid waste and littering  impact on sanitation system and water resources (lack of adequate sanitation facilities or over pressure on existing waste disposal systems resulting in groundwater pollution and possible contamination of drinking water for people and wildlife, and disposal of sewage in rivers)  impacts on natural resources as a result of illegal access to nature parks/protected areas (eg unmarked trails, illegal camps, and unregulated tourist traffic) Physical impacts are caused not only by tourism-related land clearing and construction but by continuing tourist activities and long-term changes in local economies and ecologies. Ministry of Lands, Housing and Urban Development 41 FINAL CEDP ESMF 7.4 GENERAL ENVIRONMENTAL AND SOCIAL CONCERNS DURING CONSTRUCTION AND OPERATION Impacts resulting from construction/renovation of small and medium scale infrastructure does not present significant impacts if carefully managed. These concerns are usually manageable and can be easily addressed using appropriate mitigation measures in the civil works contracts. The most important issues include:  Construction and demolition waste  Risk of damage to archaeological or historical sites  Risk of destruction of wildlife habitats General issues during operation include:  Availability of functioning and maintained sanitation facilities (often not functioning due to a water shortage);  Improper disposal of wastewater (e.g. construction of infrastructure may dispose wastewater in percolation pits without conducting as assessment of the surrounding environment, so it is important to identify its sensitivity and accordingly whether there are potential environmental and/or public health risks); and  Improper management of solid waste generated by the subproject (and other potential sources). This usually results in the accumulation of waste on or around the subproject premises/area. 7.5 POTENTIAL CUMULATIVE IMPACTS CEDP interventions may individually have insignificant adverse environmental and social impacts. However, several interventions in combination, or in combination with other government or private sector activities, could have a larger, more significant cumulative impact. This is particularly likely to be the case for:  Deforestation due to the exploitation of forest resources, owing to the use of timber and poles for construction. The CEDP will take necessary measures to ensure that deforestation and use of forest resources which are not sourced from certified sustainable forests is avoided and minimized to the extent possible;  Groundwater depletion owing to the demand for water for construction;  Surface water depletion, for the same reasons as above. In addition, resettlement due to the acquisition of land for sub-projects may combine with induced migration of people (for labour, services etc) to place greater pressure on natural resources in particular areas. The avoidance and mitigation of cumulative impacts requires: avoidance and mitigation of the impacts of individual projects; careful planning, based on sound technical knowledge, of the location, size, and material requirements of infrastructural projects, within the district and regional planning cycles. 7.6 PROPOSED MITIGATION AND MONITORING MEASURES In order to avoid or minimize impacts associated with activities to be funded under the Project, mitigation measures must be implemented as part of the subproject construction and operations to ensure compliance with local and international environmental and social guidelines and standards. Ministry of Lands, Housing and Urban Development 42 FINAL CEDP ESMF These measures must be included as part of the subproject EMP and will be budgeted for in the Technical Specifications of each subproject. A set of monitoring indicators will be used to verify compliance with local and international standards and to identify correction actions for subprojects failing to meet these standards. These indicators will be applied when undertaking annual monitoring reports. Examples of mitigation and monitoring guidelines have been provided in in Annex G for the types of activities anticipated to be funded under this Project. The EIAs prepared for the HTTI in Jinja and the seven district land offices propose a set of mitigation measures which include:  Measures for avoidance of in-filling of the lower area near the wetland area with excavation material, construction wastes/debris, or silt;  Machines should be regularly maintained to reduce fumes generated from exhausts;  All employees in high noise prone areas will be provided with appropriate ear defenders and 
 no compromise will be made on enforcement;  Maintain liaison with neighbouring community;  Need to adhere to National Environmental Standards during all phases of the proposed 
 development;  Roof catchments should be provided with rainwater harvesting systems (gutters, down 
 pipes and water storage facilities) to enhance collection and storage of the would be run- off;  Avoid unnecessary clearing of vegetation by conserving vegetation not in the sections being 
 built up;  The drainage layout should ensure effective flow of the anticipated surface run-off emanating 
 from the roof catchments and other areas within the site;  Workers should be provided with relevant personal protective equipment (PPE)/materials;  Machineries should be maintained regularly to reduce noise resulting from friction;  Sanitary facilities must be kept clean always, through regular washing and disinfecting;  All machinery must be keenly observed not to leak oils on the ground. Maintenance must be 
 carried out in a designated area (protected service bays more suitably outside) and where 
 oils are completely restrained from reaching the ground;  Control over areas generating dust particles through regular cleaning or sprinkling of water 
 to reduce dust;  A first aid kit(s) should be provided within the site. This should be fully equipped at all 
 times and should be managed by a trained person. The contractor should not expose 
 workers to stress inducing factors; and  The wastes should be properly segregated at source to encourage recycling of some useful 
 waste materials; i.e. some demolished stone and concrete materials used as backfills. . Ministry of Lands, Housing and Urban Development 43 FINAL CEDP ESMF 8. PROCESS FOR SUBPROJECT PREPARATION, IMPLEMENTATION AND MONITORING This section sets out the environmental and social assessment procedures, reporting systems, and responsibilities to be adopted by the implementing agencies for the CEDP. The design of this assessment system complies with both the World Bank’s safeguard policies and the Ugandan EIA regulations and related guidelines. The section begins with details of issues that will be addressed, and the specific next steps to be taken and is supported by tools and guidelines provided as ESMF Operational Tools and Guidelines (Annexes). It then describes the various elements of this ESMF including:  Steps to be taken for the screening, review and appraisal of proposed investments;  Procedures for preparation of EMPs and related management plans for subprojects;  Guidelines on the environmental and social impact of project investments; and  Compliance mechanisms. The following table outlines the key roles and responsibilities for implementing the subproject screening, appraisal, review, and monitoring requirements under the ESMF. Table 8.1 Roles and responsibilities in subproject environmental and social planning and implementation Activity Responsible person/authority Initial screening in the field PCU/PSFU and MGF Unit (for MGF investments) Assignment of environment category PCU/PSFU and MGF Unit (for MGF investments) Analysis of screening findings and preparation of PCU/PSFU, MLHUD (for Land EIAs/EMPs and related management plans Administration Reform), MGF Unit (for MGF investments) and independent contractor Issue environment permit that confirms EIA is NEMA satisfactory Environmental monitoring PCU/PSFU, MLHUD and NEMA 8.1 SCREENING AND REVIEW PROCESS Once a subproject has been submitted for financing, the investment will have to be screened using the screening form provided as Annex A. For the Matching Grant Facility (MGF), the proposals submitted by the eligible firms9 (MSMEs) will be screened during submission of the beneficiary’s application. The screening form will determine what level of environmental and social assessment is required. A key element of the national guideline document is the distinction between three categories of projects:  Class/Category A: Projects which may have adverse and significant environmental impacts, and may, therefore, require full EIA; these projects, including investments through the MGF, would be ineligible for CEDP support; 9 Any private business entity, legally established in Uganda and with established business interests in the selected subsectors, will be eligible for support. The MGF will also be able to support the informal firms operating in the eligible sectors through their respective associations and to recognize that the vast majority of such firms are not yet officially registered with the appropriate business registration authorities. Ministry of Lands, Housing and Urban Development 44 FINAL CEDP ESMF  Class/Category B: Projects of the type or scale that have potential to cause some significant environmental impacts but which do not warrant a full EIA;  Class/Category C: Projects which would have no impact and do not require EIA. The PCU will be responsible for categorising an activity as an A, B, or C in coordination with NEMA. Under the MGF, an Environmental Consultant will be hired to assist the MGF Unit in screening all applications against the EIA requirements for eligible activities/services (see Table 8.2). The Consultant will report to the MGF Manager. Based on the eligible activities, it is unlikely that MGF investments will be category A. Table 8.2: Eligible activities/services for the MGF The MGF shall offer matching grants for the purchases of services eligible for support. Support shall be for the use of any specialized service, considered by the MGF as likely to make a significant contribution to addressing identified key weaknesses, critical challenges from input supply, production, processing or gaps at firm level. Payments for services may be for service fees and, where appropriate, for associated travel and subsistence costs, incurred directly and exclusively in connection with the delivery of eligible services. A sample list is here below:  Installation of standards and specific sector standards including ISO and HACCP  Accessing technical assistance  Branding  training in management,  business plan preparation,  marketing and market access (local and international markets)  record keeping and improving financial management  Improving production techniques  Improving post harvesting techniques  Introduction of techniques in order to improve quality along the sub-sector value chain.  Support to sub-sector business associations will also be provided Source: Competitive and Enterprise Development Project, Matching Grant Facility (MGF) Draft Operations Manual, 2013. 8.2 APPRAISAL AND APPROVAL 8.2.1 Appraisal After analyzing the data contained in the environmental and social screening form and after having identified the right environmental category and level of assessment needed, the PCU/MGF Unit will make a recommendation to NEMA establishing whether: (a) any environmental assessment will be required; (b) the implementation of mitigation measures via an EMP (and associated management plans, ie Pest Management Plan and RAP) will be enough; or (c) a separate EIA is required. The EIA will identify and assess the potential environmental and social impacts for the planned activities, assess alternative solutions and present the mitigation, management and monitoring measures to be adopted. These measures will be quoted in the EMP that will be prepared as part of the EIA for each subproject. The preparation of the EIA and the EMP will be done in consultation with all relevant stakeholders and project affected people. Ministry of Lands, Housing and Urban Development 45 FINAL CEDP ESMF 8.2.2 Preparation of an EIA For project interventions, such as infrastructure services, that are screened and categorized as a B project, the Proponent will be required to prepare an EIA/EMP (or Project Brief) and obtain approval from NEMA. A terms of reference for an EIA is provided in Annex B. 8.2.3 Preparation of an EMP The Proponent will undertake the assessments in consultation with NEMA. Under the proposed MGF arrangements, an EIA/EMP will be prepared based on findings of the initial environmental and social screening. The format for the EMPs will follow the requirements under the NEMA guidelines document and the OP 4.01 requirements. As part of the EA process, EMPs will need to be prepared and implemented for Category B projects. For those subprojects which trigger the safeguard policy on pest management or cultural property, associated plans will be required (e.g. a pest management plan). The EMP should be a short and concise document (between 5 – 10 pages) and must contain the necessary sections as outlined in Annex C. Environmental contract clauses should be included in the Technical Specifications and be accounted for as part of the Project investment’s overall implementation budget. Effective implementation of the EMP will ensure that the appropriate mitigation measures have been employed to avoid and/or minimize any potential impacts resulting from the proposed activity. The EMP for each investment scheme will outline the appropriate budget required to implement measures for mitigation and monitoring. It will also indicate the costs of training and capacity building required. Costs should be calculated based on estimates provided by Contractors for any mitigation measures required during the civil works. For example:  Costs of ensuring the appropriate dust suppression mechanisms are in place during excavation works must be calculated and included in the tender documents;  Costs of installing erosion control measures should be estimated as part of the engineering costs;  Training of staff on environmental and operational, health and safety issues should be outlined in detail; and  Costs of monitoring noise during construction should be calculated based on the frequency of monitoring and cost of equipment. 8.2.4 Preparation of Management Plans Related to Resettlement, Pest Management, and Physical Cultural Resources If identified as a requirement of the subproject through the screening process, a Resettlement Action Plan, a Pest Management Plan, and/or a Physical Cultural Resources Management Plan, or a combination of these, is prepared alongside or as an integrated part of the subproject’s management plan. (a) Resettlement Action Plan Abbreviated RAPs will be needed for each subproject that may result in the loss of access to resources. An abbreviated RAP will focus on the procedure and amount of loss and compensation and be around 10 pages at most (refer to the CEDP RPF). The District Offices responsible for planning and implementing the subprojects will coordinate with the MLHUD in preparing the Ministry of Lands, Housing and Urban Development 46 FINAL CEDP ESMF RAP. The RPF outlines the relevant steps required in order to ensure that appropriate measures are put in place to safeguard the rights of affected communities. (b) Pest Management Plan As the CEDP has triggered the OP 4.09 for pest management, it is important to ensure that Pest Management Plans (PMP) are prepared for the proposed CEDP investments when applicable (refer to Annex D). These would encompass requirements under the Word Bank OP 4.09 for Pest Management and the Ugandan Control of Agricultural Chemicals Act (Ch 29). Pesticide legislation in Uganda is primarily based on the 20 years old Statutory Instrument Supplement No. 23 of the Agricultural Chemical Regulation. An Agricultural Chemicals Board is responsible for the registration of agricultural chemicals of which pesticides are an important part. The criteria for registration is that it, in regular use, has proved efficacious against the pest(s) it is supposed to control over three growing seasons, and that its profile of toxicity to humans and animals as well as its eco-toxicology, including degradation data and proof of its maximum residue limits in agricultural produce, are acceptable. Consequently, the registration criteria in Uganda follow the same lines as elsewhere, for example to comply with the Plant Protection Product Directive of EU, US Environmental Protection Agency, FAO code of conduct and international conventions on pesticide exports and restrictions. In the context of the CEDP, the assessment of pest management requirements is made in the context of the subproject's environmental assessment and screening and is recorded in the subproject documents. In the case of MGF applications, the proposal should include (in the text or in an annex) a list of pesticide products authorized for procurement under the Project, or an indication of when and how this list will be developed and agreed on. This authorized list is included by reference in legal documents relating to the Project, with provisions for adding or deleting materials. Any required measures to manage and/ or mitigate adverse impacts of pesticides should be considered as part of the EMP. (c) Physical Cultural Resources Management As the CEDP has also triggered the OP 4.11, it is important that the EIA also identify the process for addressing impacts on cultural property. Measures will need to be integrated into the EMP to address the following areas: • Avoidance or mitigation of identified adverse impacts; • Provisions for chance finds; • Measures for strengthening institutional capacity; and • Monitoring systems to track progress of these activities. The plan should be consistent with the Uganda’s overall policy framework and national legislation, the World Bank OP 4.11 for Physical Cultural Resources, and should take into account institutional capabilities relating to the management and preservation of physical cultural resources. Examples of contract clauses to address physical cultural resources are outlined in Annex E. 8.2.5 Approval The PCU and MGF Unit will review the EIAs/EMPs in consultation with NEMA and the MHLUD to ensure that as appropriate, the results of EIAs to ensure that all environmental and social impacts have been identified and effective mitigation measures have been proposed and incorporated into the sub-projects and an EMP with associated costs prepared. EIAs will then be reviewed and cleared for disclosure by the World Bank. Ministry of Lands, Housing and Urban Development 47 FINAL CEDP ESMF Following the Bank review of the EIA, the EIA will be forwarded to NEMA for final review and clearance. If the EIA is approved, NEMA issues the necessary environmental permit that confirms the EIA has been satisfactorily completed and the project may proceed. A record of the decision explains how environmental issues were addressed in the process. It is important to note that this review and approval process is to be carried out in parallel with the review and approval of the technical, economic, financial and other aspects of the subprojects. Implementation of subprojects cannot commence until the environmental and social aspects have been reviewed and appropriate mitigation measures have been adopted. As regards social impacts due to land acquisition, the implementation of subprojects cannot proceed until the resettlement and/or compensation plans have been prepared and implemented. This is further detailed in the CEDP RPF. 8.3 DISCLOSURE OF SUBPROJECT INFORMATION In compliance with World Bank guidelines and in Ugandan EIA regulations, before a subproject is approved, the applicable documents (EIA, EMP and/or RAP and associated management plans) must be made available for public review at a place accessible to local people (e.g. at a local government office), and in a form, manner, and language they can understand. 8.4 MONITORING AND ANNUAL REPORTS Monitoring is done by the PCU in consultation with NEMA (for Category B subprojects) and the MHLUD. The PCU in conjunction with the relevant Districts and Directorates will monitor the implementation of environmental mitigation measures based on the Contractor’s workplan for subproject investments. 8.4.1 Monitoring and Reporting of Subproject Mitigation and Management Plans The PCU should agree with the implementing agencies participating in the CEDP on the supervision of the EMP within the overall plan for the project. Accordingly, the supervision arrangements for the EMP should summarize key areas on which supervision will focus—critical risks to implementation of the EMP, how such risks will be monitored during implementation and agreements reached with the Proponent. Supervision of the EMP, along with other aspects of the project, covers monitoring, evaluative review and reporting and is designed to:  determine whether the project is being carried out in conformity with environmental safeguards and legal agreements;  identify problems as they arise during implementation and recommend means to resolve them;  recommend changes in project concept/design, as appropriate, as the project evolves or circumstances change; and  identify the key risks to project sustainability and recommend appropriate risk management strategies to the Proponent. Ministry of Lands, Housing and Urban Development 48 FINAL CEDP ESMF It is vital that an appropriate environmental supervision plan is developed with clear objectives to ensure the successful implementation of an EMP. The PCU in collaboration with NEMA will monitor the implementation of the environment mitigation measures on a sample of subprojects on quarterly basis, and report these to the World Bank with the same frequency. On annual basis the PCU in collaboration with NEMA and the MHLUD will carry out a national assessment of subproject performance in environment and natural resource management as part of the Project’s overall monitoring program. Monitoring of the compliance of project implementation with the mitigation measures set out in its EMP and associated management plans will be carried out by the MEO / DEO respectively. These officers will have responsibility for carrying out this monitoring by regularly visiting the projects, and pursuing the following corrective measures as required. Compliance monitoring comprises on- site inspection of construction activities to verify that measures identified in the EMP are included in the clauses for contractors are being implemented. This type of monitoring is similar to the normal tasks of a supervising engineer whose task is to ensure that the Contractor is achieving the required standards and quality of work. Once implementation of the subproject has started, regular supervision missions should be carried out (preferably by a third party) and an annual monitoring report must be submitted to the MHLUD, PSFU and World Bank for review. 8.5 ANNUAL REVIEWS An independently commissioned environmental and social audit will be carried out on an annual basis. The audit team will report to NEMA, the MHLUD, the PSFU and the World Bank, who will lead the implementation of any corrective measures that are required. An audit is necessary to ensure (i) that the ESMF process is being implemented appropriately, and (ii) that mitigation measures are being identified and implemented. The audit will be able to identify any amendments in the ESMF approach that are required to improve its effectiveness. The annual audit also provides a strong incentive for the PCU to ensure that the ESMF will be implemented, and the individual EMPs will be developed and implemented. An annual audit report (refer to example format in Annex F) will include:  A summary of the environmental performance of the CEDP based on EIAs and EMPs;  A presentation of compliance and progress in the implementation of the subproject EMPs;  Number of written warnings of violation of EIAs/EMPs issued to project proponents;  A synopsis of the environmental monitoring results from individual subproject monitoring measures (as set out in the subproject EIA/EMPs). The MGF Unit (through the contractor) will also perform an annual audit (of 20% of total applications) using the MGF E&S Audit Form provided in Annex F and submit the audit to the PCU. Ministry of Lands, Housing and Urban Development 49 FINAL CEDP ESMF 8.6 GRIEVANCE REDRESS MECHANISM In order to ensure transparency and accountability, a grievance redress mechanism (GRM) should be established by the Project Coordination Unit in line with the ESMF implementation. The GRM should have a clear set of goals and objectives and a well-defined scope for its interventions. A set of procedures for receiving, recording, and handling complaints should be available in the GRM. These will be managed by a Grievance Redress Committee (GRC) consisting of a MLHUD Chair, the CEDP PCU, the assigned Resettlement Officer/Social Scientist, the Project’s Environmental Specialist, the chair of the community mediation board, a member of a recognized non- government organization, and a community leader. The GRC members should be qualified, experienced, and competent personnel who can win the respect and confidence of the affected communities. The GRM should include procedures for:  recording, registering, and sorting grievances;  conducting an initial assessment of grievances;  referring grievances to appropriate units or persons;  determining the resolution process;  making decisions, including parameters and standards for accurate and consistent decision making;  directing relevant agencies responsible for implementing decisions;  notifying complainants and other affected parties of eligibility, the resolution process, and outcomes; and  tracking, monitoring, documentation, and evaluation. Depending on the nature and the severity of the complaint/s, the GRC in consultation with the Project Affected Persons (PAPs), should identify and decide on an approach for grievance resolution. Where appropriate, APs should be given the choice of selecting an affordable approach with which they are comfortable and confident and that is beneficial to them. In projects with small-scale infrastructure, construction-related complaints can be numerous and managing them is the Contractor's responsibility under its contract with the implementing agency (refer to Table 8.2). Usually these kinds of complaints are described as environmental impacts and include issues related to dust, flooding, blasting (noise, vibration, evacuation), lost access, dangers to life, damage caused to public roads from heavy machinery, deteriorating water quality and quantity, damage to property and crops, soil erosion, and others. Table 8.2 Types of grievances expected and recommended measures to address them Grievance Redress  Damage to house walls and roofs due to blasting,  Providing alternate land for house construction vibration, and heavy vehicle movement  Referral to conduct vibration tests and/or post-crack  Damage to access roads, culverts, and canals surveys  Temporary evacuation of residents  Conducting assessments on the current status of  Obstructions to access roads damaged houses, e.g., quality standards and monitoring the situation  Damage to private property  Issuing assurance letters to PAPs (by contractors  Decrease in water level and water pollution in private and/or road agencies for reconstruction or repair and public wells due to blasting after completing the road construction work)  Damage to crops and business premises, with  Providing alternate access roads concomitant loss of income  Getting relevant agencies to construct or improve drainage systems, roads, culverts, and wells  Getting contractors to pay compensation for Ministry of Lands, Housing and Urban Development 50 FINAL CEDP ESMF damage and loss of livelihood  Waterlogging and flooding  Referral to technical experts to conduct necessary  Dust, noise, and air pollution assessments of damage to property, livelihood, and  Dumping of solid wastes around houses environment, e.g., engineers, environmental  Threats to statues and monuments officers  Requests for alternative land or compensation for  Referral to relevant agencies to take appropriate remaining land (as it can no longer be used as a action, e.g., contractors, road agencies separate entity)  Getting contractors to spray adequate water to  Disputes related to ownership rights control dust emissions  Lack of clarity concerning boundary marks on acquired land The PCU would be responsible for monitoring impacts based on the GRM. Duties would include:  Maintaining a database of all complaints related to environmental issues and forwarding them to the supervision consultants;  Assisting the PAPs to submit their environment-related complaints directly to the contractor;  Maintaining a list of PAPs who are directly or indirectly affected by construction, operations, and maintenance work, and monitoring the implementation of mitigation plans;  Consulting the environmentally affected PAPs and communities and participating in grievance resolution processes; and  Ensuring that compensation for PAPs complies with the entitlement matrix in respect of resettlement and land acquisition (refer to CEDP RPF). Ministry of Lands, Housing and Urban Development 51 FINAL CEDP ESMF 9. CAPACITY BUILDING AND TRAINING Successful implementation of the ESMF will rely on (a) establishing the PCU’s capability to ensure that the subprojects are screened and appraised appropriately; and (b) regular monitoring and reporting to track performance of the subprojects. The project staff within the MLHUD and the PCU will supervise and coordinate the project. These personnel will be contracted by the MLHUD and the PSFU and will consist of qualified project experts. However, the PCU, responsible for coordinating the Project, will not be capable of handling the workload under the ESMF without a dedicated person to manage the E&S issues. To ensure that the provisions of the ESMF are clearly understood within the PCU and MGF Unit, a workshop describing the procedures and tools of the ESMF should be provided for implementing agencies during the first month of the project as part of this capacity building program. This will be supplemented by an ongoing capacity building and training budgeted for under the Project. 9.1 APPOINTING AN ENVIRONMENTAL SPECIALIST TO THE PROJECT COORDINATION UNIT It is recommended that an Environmental Specialist be appointed to the PCU to ensure that the provisions of the ESMF are implemented accordingly. The role and responsibilities for this Specialist are outlined in Box 9.1 and proposed budget for the appointment of the Specialist is included in Section 10. Box 9.1 Role and responsibilities of the PCU Environmental Specialist Role and responsibility The main role of the Environmental Specialist is to provide technical advice on environmental and social management and mitigation planning and ensure that the ESMF is fully implemented. The Environmental Specialist will report directly to the PCU responsible for project management activities of the CEDP. The Environmental Specialist should hold a degree in environmental science, environmental engineering and/or related discipline, have a minimum of 5 years experience working with similar projects especially those involving infrastructure development, and be highly familiar with Ugandan environmental laws and regulations. Tasks  Liaise with NEMA on a regular basis;  Ensure EIAs/EMPs are carried out, as required, to meet Ugandan and World Bank requirements;  Commission an independent consulting firm to carry out an environmental performance audit of the CEDP on an annual basis;  Provide technical advice to regions and districts on all technical issues related to natural resources and environmental management. These issues will relate to impacts on surface water, groundwater, agricultural resources and vegetation, sourcing of materials used in construction, human health, ecology and protected areas, land and soil degradation;  Provide specific technical advice on mitigation measures for construction and operational activities related to the project (district land offices/HTTI construction/renovation);  Monitor the implementation of safeguard management plans (EIAs/EMPs, RAPs, etc) using monitoring indicators provided in the ESMF and prepare quarterly monitoring reports; and  Raise awareness and proactively create demand for this technical advice among District/Municipal Officers. Ministry of Lands, Housing and Urban Development 52 FINAL CEDP ESMF 9.2 SUPPORT TO THE MGF UNIT FOR THE MATCHING GRANTS FACILITY The MGF will be operated as a Unit under the CEDP. The Unit shall report administratively to the PSFU and technically to CEDP Steering Committee through the Matching Grant Facility-Review Committee (MGF-RC). This unit will consist of professionals, working full-time, under specific term contracts. The unit will be headed by the Manager assisted by a team of professionals who will be locally-recruited consultants, with wide knowledge of the Ugandan private sector and with experience in providing consulting advice to SMEs and more specifically in the selected sub- sectors. It is recommended that an Environmental Consultant be procured under the MGF to support the Unit in screening applications using the Screening Checklist and in determining the level of environmental and social assessment needed. The Environmental Consultant will monitor the performance of the applicants and on an annual basis undertake an audit of 20% of total applications approved to measure the effectiveness of E&S provisions. The Consultant will report to the MGF Unit Manager. 9.3 TRAINING The project will provide capacity building on every component including for agencies involved in the land administration, business registration and business licensing reform and tourism. Capacity building will include trainings, workshops, and technology transfer to the implementing agencies. The project will support ongoing maintenance costs associated with the various components during the five years of the implementation phase. After the implementation, maintenance costs will be borne by the respective agencies. To ensure that the provisions of the ESMF are clearly understood within the PCU and MGF Unit, a workshop describing the procedures and tools of the ESMF should be provided for implementing agencies during the first month of the project as part of this capacity building program. The workshop outline in Table 9.2 provides attendees with the basic approach to implementing the guidelines provided in the ESMF combined with the use of the appropriate tools, such as the screening form, EMP template and ESMF Annual Reporting Form. Refresher courses should be held as needed during the course of the project lifecycle. It is recommended that this workshop be prepared and undertaken by a local Consultant with relevant experience in the proposed topics and highly familiar with the tourism sector and MSMEs in order to provide good case studies. Table 9.2 Proposed training format for ESMF implementation Module Duration Day 1 Introduction 1  Objective of the ESMF  Key stakeholders with a role in the ESMF  Relevant legislative and regulatory acts and World Bank safeguard policies  Structure and role of relevant governmental authorities and NGOs as relates to tourism development and MSMEs Day 2 Summary of guidelines for the subprojects 0.5 Ministry of Lands, Housing and Urban Development 53 FINAL CEDP ESMF Module Duration  Screening  Appraisal and approval  Disclosure  Annual Review  Annual Reporting Capacity building requirements 0.25 Budgeting for the implementation of EMPs, RAPs and other safeguard management plans 0.25 Total 2 days Ministry of Lands, Housing and Urban Development 54 FINAL CEDP ESMF 10. ESMF IMPLEMENTATION BUDGET It is estimated that the implementation of the ESMF including the required provisions, training and capacity building will cost approximately $735,000. This entails: Component 1: Land Administration Reform – US$ 135,000 Component 3: Tourism Competitiveness Development - US$ 200,000 Component 4: Matching Grant Program for MSMEs - US$ 150,000 Component 5: Project Implementation - US$ 250,000 The costs of preparing and implementing the safeguards aspects of the project are estimates as the size, type and location of the interventions to be financed under the MGF are not fully determined at this stage. It is not expected that there will be any significant land acquisition as part of the project; however, if there is a need for land acquisition, RAPs will be prepared and the project will consider any further re-allocation of budgets as needed when the project is reviewed at supervision and mid-term stages. The costs outlined below may vary depending on when and how the ESMF implementation takes place; therefore it can be expected that the proposed ESMF budget may increase or decrease depending on the workplan agreed upon. Table 10.1 Budget Estimate for the Implementation of the ESMF Recommendation Responsible authority Schedule Estimated cost Component 1: Land Administration Reform  Implementation and monitoring of the PCU/MHLUD FY 2013 - 2015 US$ 15,000 per district ESIA/EMP for the proposed district land offices land office = $135,000 in Luwero, Mpigi, Mityana, Soroti, Kabale, Rukungiri, Tororo, Mukono and Moroto Component 3: Tourism Competitiveness Development  Implementation and monitoring of the ESIA/EMP for the proposed HTTI in Jinja PCU and MTWA FY 2013 - 2015 $200,000 Component 4: Matching Grant Program for MSMEs  Contract for independent Environmental MGF Unit FY 2013 – 2018 $20,000 x 5 = Consultant assigned to the MFG Unit (renewed annually) $100,000  Annual environmental audit MGF Unit Annual $10,000 x 5 = $50,000 Component 5: Project Implementation  Appointment of Environmental Specialist to the World Bank / MHLUD FY 2013 – 2018 $150,000 PCU  2 day workshops on ESMF implementation PCU/MHLUD FY 2013 $25,000  Refresher trainings on ESMF implementation Annual $15,000 x 5 = $75,000 Ministry of Lands, Housing and Urban Development 55 FINAL CEDP ESMF Environmental and Social Management Framework Competitiveness and Enterprise Development Project (CEDP) OPERATIONAL TOOLS AND GUIDELINES Ministry of Lands, Housing and Urban Development 56 FINAL CEDP ESMF Annex A: CEDP E&S Screening Form 1. Proposal Information Recipient Name and Contact Details: Funding source: MGF: Other: If other, explain: Application/proposal # Date of Name of reviewer: screening: Subproject Details: Attach location map (longitude – latitude coordinates (GPS reading) if available): Subproject name: Location: (region/district/village) Type of activity: Estimated Cost: Proposed Date of Commencement of Work: Technical Drawing/Specifications Yes/No – refer to Application Portfolio Reviewed: 2. Physical Data: Comments Subproject Site area in ha Extension of or changes to existing land use Any existing property to transfer to subproject Any plans for new construction Is there adjacent/nearby critical natural habitat? 3. Preliminary Environmental and Land Information: Yes/No Comments Is there an EIA required for this subproject? If so, is there a permit? Has there been litigation or complaints of any environmental nature directed against the proponent or subproject? Will the subproject require the acquisition of land? What is the status of the land holding (customary, lease, etc)? Is there evidence of land tenure status (affidavit, other documentation)? Are there outstanding land disputes? What is the plot currently being used for? (e.g. agriculture, List the key resources. gardening, etc) Will the proposed activities have any impact on any ecosystem services, biodiversity issues or natural habitats? Ministry of Lands, Housing and Urban Development 57 FINAL CEDP ESMF Will the subproject require use of pesticides? Does the applicant (company) have in place an established Environmental Management System? Does the applicant currently incorporate clean technologies and/or sustainable practices? 4. Impact identification and classification: When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage potential effects. The following table should be used as a reference. Site Sensitivity Issues Low Medium High Natural habitats No natural habitats present No critical natural Critical natural habitats of any kind habitats; other natural present habitats occur Water quality and water Water flows exceed any Medium intensity of water Intensive water use; resource availability and existing demand; low use; multiple water users; multiple water users; use intensity of water use; water quality issues are potential for conflicts is potential water use conflicts important high; water quality issues expected to be low; no are important potential water quality issues Natural hazards Flat terrain; no potential Medium slopes; some Mountainous terrain; vulnerability, floods, stability/erosion problems; erosion potential; medium steep slopes; unstable soil stability/ erosion no known volcanic/seismic/ risks from soils; high erosion flood risks volcanic/seismic/ flood/ potential; volcanic, hurricanes seismic or flood risks Cultural property No known or suspected Suspected cultural Known heritage sites in cultural heritage sites heritage sites; known project area heritage sites in broader area of influence Involuntary resettlement Low population density; Medium population High population density; dispersed population; legal density; mixed ownership major towns and tenure is well-defined; well- and land tenure; well- villages; low-income defined water rights defined water rights families and/or illegal ownership of land; communal properties; unclear water rights Indigenous peoples No indigenous population Dispersed and mixed Indigenous territories, indigenous populations; reserves and/or lands; highly acculturated vulnerable indigenous indigenous populations populations Ministry of Lands, Housing and Urban Development 58 FINAL CEDP ESMF 5. Checklist of environmental and social impacts Roads and Footpaths Potential for Adverse Impacts None Low Med High Unknown Soil erosion or flooding concerns (eg, due to highly erodable soils or steep gradients) Number of stream crossings or disturbances Wet season excavation Creation of quarry sites or borrow pits Significant vegetation removal Wildlife habitats or populations disturbed Environmentally sensitive areas disturbed Cultural or religious sites disturbed Economic or physical resettlement required New settlement pressures created Other (specify): Drinking Water Projects Potential for Adverse Impacts None Low Med High Unknown New access (road) construction Existing water sources supply/yield depletion Existing water users disrupted Downstream water users disrupted Increased numbers of water users due to improvements Increased social tensions/conflict over water allocation Sensitive ecosystems downstream disrupted Economic or physical resettlement required Local incapacity/inexperience to manage facilities Other (specify): Irrigation Projects Potential for Adverse Impacts None Low Med High Unknown Existing water sources supply/yield depletion Existing water users disrupted Downstream water users disrupted Water storage requirement and viability (soil permeability) Vulnerability to water logging (poor drainage) Vulnerability to soil and water salinization Sensitive downstream habitats and waterbodies Environmentally sensitive areas disturbed Cultural or religious sites disturbed Increased agric. chemicals (pesticides, etc) loading Increased social tensions over water allocation Local incapacity/inexperience to manage facilities Local incapacity/inexperience with irrigated agriculture Other (specify): Catchment, Forestry, Grasslands Projects Potential for Adverse Impacts None Low Med High Unknown New access (road) construction Wet season soil disturbance Potential for debris flows or landslides Sensitive downstream ecosystems Ministry of Lands, Housing and Urban Development 59 FINAL CEDP ESMF Catchment, Forestry, Grasslands Projects Potential for Adverse Impacts None Low Med High Unknown Removal of native plant/tree species Introduced plant/tree species Invasion of native species Wildlife habitats or populations disturbed Environmentally sensitive areas disturbed Insufficient capacity to manage catchment ponds Insufficient capacity to prohibit or control open grazing Insufficient capacity to manage new plantations/pastures Economic or physical resettlement required Other (specify): Infrastructure Projects Potential for Adverse Impacts None Low Med High Unknown New access (road) construction Alteration of existing drainage conditions Vegetation removal Wet season soil disturbance Construction materials impact on adjacent forests/lands Quarries and borrow pits created Cultural or religious sites disturbed Water supply development effects in available supply Effect of sanitation development on existing disposal sites Effects of medical waste on existing disposal system Economic or physical resettlement required Number of potential Project Affected Persons (PAPs) In-migration/settlement induced by facilities development Local incapacity/inexperience to manage facilities Other (specify): 6. Identify type of activities and likely environmental and social impacts: What are the likely environmental and social impacts, risks associated with the subproject? Ministry of Lands, Housing and Urban Development 60 FINAL CEDP ESMF 7. Mitigation and Management Measures to be applied List actions required for mitigation and management of potential risks and impacts. 8. ADDITIONAL INFORMATION (a) Has the Applicant complied with national laws and regulations (e.g. obtained an environmental permit/clearance from NEMA)? In case of Yes, please attach the declaration of the Applicant in this regard. In case of No, please provide details in this regard: (b) E & S assessment comments based on site visit: (c) Determination of environmental category based on findings of the screening: A ____B ____C ____ Requires an EIA and/or RAP Requires preparation of additional E&S information (e.g. to address pesticide use) Does not require further environmental or social due diligence Reviewer: Signature: Date: Ministry of Lands, Housing and Urban Development 61 FINAL CEDP ESMF Annex B: Sample Terms of Reference for an EIA Introduction: state the purpose of the terms of reference. Background information: briefly describe the need for, objectives of and major components of the proposal. Objectives: summarise the scope of the EIA and timing in relation to project preparation, design, and approval. EIA requirements: identify the regulations and guidelines governing the conduct of the EIA and/or specify the content of its report. Study area: outline the time, space and jurisdictional boundaries of the study. Scope of work: identify the tasks to be carried out, information deficiencies to be addressed, studies to be carried out, methodologies etc. Task 1. Description of the proposed project: provide a brief description of the relevant parts of the project, using maps (at appropriate scale) where necessary. Task 2. Description of the environment: assemble, evaluate and present baseline data on the relevant environmental characteristics of the study area. Include information on any changes anticipated before the project commences. Task 3. Legislative and regulatory considerations: describe the pertinent regulations and standards governing environmental quality, health and safety, protection of sensitive areas, protection of endangered species, siting, land use control, etc. Task 4. Determination of the potential impacts of the proposed project: distinguish between significant positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts. Identify impacts that are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of environmental costs and benefits. Task 5. Analysis of alternatives to the proposed project: describe alternatives that were examined in the course of developing the proposed project and identify other alternatives which would achieve the same objective. Task 6. Development of management plan to mitigate negative impacts: recommend feasible and cost- effective measures to prevent or reduce significant negative impacts to acceptable levels and describe the actions necessary to implement them. Task 7. Identification of institutional needs to implement environmental assessment recommendations: review the authority and capability of institutions at local, provincial/regional, and national levels. Recommend steps to strengthen or expand them so that the management and monitoring plans in the environmental assessment can be implemented. Task 8. Development of a monitoring plan: prepare a detailed plan to monitor the implementation of mitigation measures and the impacts of the project during construction and operation. Task 9. Public/NGO participation and inter-agency co-ordination: describe how the arrangements for obtaining the views of local NGOs and affected groups, and in keeping records of meetings and other activities, communications, and comments and their deposition. EIA report: keep it concise and limited to significant environmental issues. The main text should focus on findings, conclusions and recommended actions, supported by summaries of the data collected and citations for any references used. Ministry of Lands, Housing and Urban Development 62 FINAL CEDP ESMF Annex C: Terms of Reference for an EMP The EMP should be formulated in such a way that it is easy to use. References within the plan should be clearly and readily identifiable. Also, the main text of the EMP needs to be kept as clear and concise as possible, with detailed information relegated to annexes. The EMP should identify linkages to other relevant plans relating to the project, such as plans dealing with resettlement issues. The following aspects should typically be addressed within EMPs. Summary of impacts: The predicted adverse environmental and social impacts for which mitigation is required should be identified and briefly summarized. Description of mitigation measures: The EMP identifies feasible and cost effective measures to reduce potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation measure should be briefly described with reference to the impact to which it relates and the conditions under which it is required (for example, continuously or in the event of contingencies). These should be accompanied by, or referenced to, designs, equipment descriptions, and operating procedures which elaborate on the technical aspects of implementing the various measures. Where the mitigation measures may result in secondary impacts, their significance should be evaluated. Description of monitoring program: Environmental performance monitoring should be designed to ensure that mitigation measures are implemented, have the intended result, and that remedial measures are undertaken if mitigation measures are inadequate or the impacts have been underestimated within the EIA report. It should also assess compliance with national standards and World Bank Group requirements or guidelines. The monitoring program should clearly indicate the linkages between impacts identified in the EIA report, indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions, and so forth. Although not essential to have complete details of monitoring in the EMP, it should describe the means by which final monitoring arrangements will be agreed. Institutional arrangements: Responsibilities for mitigation and monitoring should be clearly defined. The EMP should identify arrangements for coordination between the various actors responsible for mitigation. Budget: Outline the estimated costs for implementation of the mitigation and monitoring measures. Example formats for an EMP are provided overleaf. Ministry of Lands, Housing and Urban Development 63 FINAL CEDP ESMF Environmental Management Plan A. Mitigation Project Potential Proposed Responsibilities Cost Comments Activity Environmental Mitigation Estimates (e.g. secondary and Social Impacts Measures impacts) (Incl. legislation & regulations) Pre-Construction Phase Construction Phase Operation and Maintenance Phase Environmental Management Plan B. Monitoring Proposed Parameters Location Measurements Frequency Responsibilities Cost Mitigation to be (incl. methods & of measurement (Incl. review and (equipment & Measure monitored equipment) reporting) individuals) Pre-Construction Phase Construction Phase Operation and Maintenance Phase Total Cost for all Phases Ministry of Lands, Housing and Urban Development 64 FINAL CEDP ESMF Annex D: Proposed Format of a Pest Management Plan 1. PEST MANAGEMENT APPROACHES USED IN COUNTRY 1.1 Overview of forest, livestock and crop management problems 1.2 Current crop/pest management approaches 1.3 IPM experience 2. PESTICIDE USE AND MANAGEMENT 2.1 Pesticide use in country 2.2 Circumstances of pesticide use and competence to handle chemical products 2.3 Assessment of risks 2.4 Promoting IPM/ICM in the context of current practices 3. POLICY, REGULATORY FRAMEWORK AND INSTITUTIONAL CAPACITY 3.1 Plant protection policy 3.2 National capacity to develop and implement IPM/ICM (IPPM) 3.3 Control of the distribution and use of pesticides 4. IMPLEMENTING THE PEST MANAGEMENT PLAN (PMP) 4.1 Strengthening national capacities 4.2 Activities of the PMP 5. INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION OF THE PMP 6. PHASING PLAN 7. MONITORING AND EVALUATION 8. BUDGET ESTIMATES Annex 1. List of pesticides approved for importation and use in country Annex 2. Documents consulted in the preparation of this PMP Annex 3. Key contacts/persons encountered Ministry of Lands, Housing and Urban Development 65 FINAL CEDP ESMF Annex E: Examples of Contract Clauses for Civil Works Proper environmental management of construction projects can be achieved only with adequate site selection and project design. As such, the EA for projects involving any new construction, or any rehabilitation or reconstruction for existing projects, should provide information as to screening criteria for site selection and design including the following: Site selection Sites should be chosen based on community needs for additional projects, with specific lots chosen based on geographic and topographic characteristics. The site selection process involves site visits and studies to analyze: (i) the site’s urban, suburban, or rural characteristics; (ii) national, state, or municipal regulations affecting the proposed lot; (iii) accessibility and distance from inhabited areas; (iv) land ownership, including verification of absence of squatters and/or other potential legal problems with land acquisition; (v) determination of site vulnerability to natural hazards, (i.e. intensity and frequency of floods, earthquakes, landslides, hurricanes, volcanic eruptions); (vi) suitability of soils and subsoils for construction; (vii) site contamination by lead or other pollutants; (viii) flora and fauna characteristics; (ix) presence or absence of natural habitats (as defined by OP 4.04) and/or ecologically important habitats on site or in vicinity (e.g. forests, wetlands, coral reefs, rare or endangered species); and (ix) historic and community characteristics. Project design Project design criteria include, but are not limited to, the consideration of aspects such as heating, ventilation, natural and artificial light energy efficiency, floor space (ft 2) per bed/ward, requirements for x-ray rooms, adequacy of corridors for wheel chair/bed access, adequate water supply and sanitation systems , historical and cultural considerations, security and handicapped access. Construction activities and environmental rules for contractors The following information is intended solely as broad guidance to be used in conjunction with local and national regulations. Based on this information, environmental rules for contractors should be developed for each project, taking into account the project size, site characteristics, and location (rural vs. urban). After choosing an appropriate site and design, construction activities can proceed. As these construction activities could cause significant impacts on and nuisances to surrounding areas, careful planning of construction activities is critical. Therefore the following rules (including specific prohibitions and construction management measures) should be incorporated into all relevant bidding documents, contracts, and work orders. Prohibitions The following activities are prohibited on or near the project site: o Cutting of trees for any reason outside the approved construction area; o Hunting, fishing, wildlife capture, or plant collection; o Use of unapproved toxic materials, including lead-based paints, asbestos, etc. o Disturbance to anything with architectural or historical value; o Building of fires; o Use of firearms (except authorized security guards); o Use of alcohol by workers. Ministry of Lands, Housing and Urban Development 66 FINAL CEDP ESMF Construction Management Measures Waste Management and Erosion: Solid, sanitation, and, hazardous wastes must be properly controlled, through the implementation of the following measures: Waste Management: o Minimize the production of waste that must be treated or eliminated. o Identify and classify the type of waste generated. If hazardous wastes (including health care wastes) are generated, proper procedures must be taken regarding their storage, collection, transportation and disposal. o Identify and demarcate disposal areas clearly indicating the specific materials that can be deposited in each. o Control placement of all construction waste (including earth cuts) to approved disposal sites (>300 m from rivers, streams, lakes, or wetlands).Dispose in authorized areas all of garbage, metals, used oils, and excess material generated during construction, incorporating recycling systems and the separation of materials. Maintenance: o Identify and demarcate equipment maintenance areas (>15m from rivers, streams, lakes or wetlands). o Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas; never dispose spent oils on the ground, in water courses, drainage canals or in sewer systems. o Identify, demarcate and enforce the use of within-site access routes to limit impact to site vegetation. o Install and maintain an adequate drainage system to prevent erosion on the site during and after construction. Erosion Control o Erect erosion control barriers around perimeter of cuts, disposal pits, and roadways. o Spray water on dirt roads, cuts, fill material and stockpiled soil to reduce wind-induced erosion, as needed. o Maintain vehicle speeds at or below 10mph within work area at all times. Stockpiles and Borrow Pits o Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15 meters away from critical areas such as steep slopes, erosion-prone soils, and areas that drain directly into sensitive waterbodies. o Limit extraction of material to approved and demarcated borrow pits. Site Cleanup o Establish and enforce daily site clean-up procedures, including maintenance of adequate disposal facilities for construction debris. Safety during Construction The Contractor’s responsibilities include the protection of every person and nearby property from construction accidents. The Contractor shall be responsible for complying with all national Ministry of Lands, Housing and Urban Development 67 FINAL CEDP ESMF and local safety requirements and any other measures necessary to avoid accidents, including the following: o Carefully and clearly mark pedestrian-safe access routes. o If school children are in the vicinity, include traffic safety personnel to direct traffic. o Maintain supply of supplies for traffic signs (including paint, easel, sign material, etc.), road marking, and guard rails to maintain pedestrian safety during construction. o Conduct safety training for construction workers prior to beginning work. o Provide personal protective equipment and clothing (goggles, gloves, respirators, dust masks, hard hats, steel-toed and –shanked boots, etc.,) for construction workers and enforce their use. o Post Material Safety Data Sheets for each chemical present on the worksite. o Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the risks to them and their partners, especially when pregnant or planning to start a family. Encourage workers to share the information with their physicians, when relevant. o Ensure that the removal of asbestos-containing materials or other toxic substances be performed and disposed of by specially trained workers. o During heavy rains or emergencies of any kind, suspend all work. o Brace electrical and mechanical equipment to withstand seismic events during the construction. Nuisance and dust control To control nuisance and dust the Contractor should: o Maintain all construction-related traffic at or below 15 mph on streets within 200 m of the site. o Maintain all on-site vehicle speeds at or below 10 mph. o To the extent possible, maintain noise levels associated with all machinery and equipment at or below 90 db. o In sensitive areas (including residential neighborhoods, hospitals, rest homes, etc.) more strict measures may need to be implemented to prevent undesirable noise levels. o Minimize production of dust and particulate materials at all times, to avoid impacts on surrounding families and businesses, and especially to vulnerable people (children, elders). o Phase removal of vegetation to prevent large areas from becoming exposed to wind. o Place dust screens around construction areas, paying particular attention to areas close to housing, commercial areas, and recreational areas. o Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material. o Apply proper measures to minimize disruptions from vibration or noise coming from construction activities. Community Relations To enhance adequate community relations the Contractor should: o Following the country and EA requirements, inform the population about construction and work schedules, interruption of services, traffic detour routes and provisional bus routes, as appropriate. o Limit construction activities at night. When necessary ensure that night work is carefully scheduled and the community is properly informed so they can take necessary measures. Ministry of Lands, Housing and Urban Development 68 FINAL CEDP ESMF o At least five days in advance of any service interruption (including water, electricity, telephone, bus routes) the community must be advised through postings at the project site, at bus stops, and in affected homes/businesses. Chance Find Procedures for Culturally Significant Artifacts The Contractor is responsible for familiarizing themselves with the following “Chance Finds Procedures�, in case culturally valuable materials are uncovered during excavation, including: o Stop work immediately following the discovery of any materials with possible archeological, historical, paleontological, or other cultural value, announce findings to project manager and notify relevant authorities; o Protect artifacts as well as possible using plastic covers, and implement measures to stabilize the area, if necessary, to properly protect artifacts o Prevent and penalize any unauthorized access to the artifacts o Restart construction works only upon the authorization of the relevant authorities. Environmental Supervision during Construction The bidding documents should indicate how compliance with environmental rules and design specifications would be supervised, along with the penalties for non-compliance by contractors or workers. Construction supervision requires oversight of compliance with the manual and environmental specifications by the contractor or his designated environmental supervisor. Contractors are also required to comply with national and municipal regulations governing the environment, public health and safety Ministry of Lands, Housing and Urban Development 69 FINAL CEDP ESMF Annex F: Format of an Annual Environmental Report for the MGF Investments Relevant environmental authority: Reporting dates: Region/District/Municipality/Town: Investment grants approved: Investment grant Activities Project phase (1) Env.category EIA / EMP Environmental Effectiveness of Issues (2) title completed? Permit granted? EMP (name, location, title (new construction, See note below (A, B or C) Yes, No or N/A Yes, No or N/A Good, poor, or See note below or reference) rehabilitation, needs improvement maintenance) 1 2 3 etc Investment grant rejected: Investment title Activities Reasons for rejection Remarks (3) 1 2 etc Notes: a) Investment phase will be one of the following: (a) under project preparation or appraisal, (b) appraised, or (c) implementation. b) Issues: accidents, litigation, complaints or fines are to be listed. c) e.g. if an environmental permit was not granted, explain why. Ministry of Lands, Housing and Urban Development 70 FINAL CEDP ESMF Annex G: Generic Impact and Mitigation Guidelines For Proposed CEDP Physical Interventions in Construction / Renovation of Buildings Impact Mitigation measures Site and design Change land use pattern Ensure that present land use at project site is not critical and the activities can be carried out on nearby land before the site is selected Destroy important ecological, cultural or historical Evaluate to verify that endangered or endemic species and critical ecosystems will not be adversely affected areas An alternative site should be used if the effects are identified as critical Contaminate soil and water from sewage and Site human waste and solid waste disposal systems to avoid contamination of surface and groundwater, taking into account soil solid waste characteristics and historical groundwater and surface water conditions Install adequate, appropriate sewage and solid waste disposal systems. For example, use above-round compost latrines in areas with high water tables. Create risks for residents due to possible natural Ensure that the project site is not located in areas subject to landslides, fires, or flooding; with slopes over 20%; or below areas likely to dnagers undergo significant deforestation or land clearing If the site is in an area subject to natural dangers, an alternate site should be used or appropriate mitigation measures taken to minimize risk in areas where unavoidable. Measures should include construction of firebreaks, slope stabilization, drainage construction, or elevating housing units on pilings. Create risks for residents due to human activity Ensure that the project will not be located within the area of influence (1km) of pollution sources or hazards, including factories and near the site mines. Ensure the project is not downwind of contamination sources.\if groundwater will be used for drinking, test for chemical and microbial contamination. Identify sources of noise pollution. Puts excessive pressure on existing facilities Include the expansion or construction of necessary infrastructure in the layout and design (schools and health centers) Causes deforestation If forest is dense or is part of a critical habitat, alternative sites should be found. for each tree cut, plant 20 no later than 6 months after the residents have moved in Initiate excessive use of fulewood as energy Encourage other energy sources, such as gas, electric, solar source Create housing/building that is inadequate for Ensure that the design, construction materials, and placement of windows and doors takes into account local conditions in cool and hot local climatic conditions seasons and seasonal variation in precipitation and winds Use local materials Install adequate ventilation Design building to ensure adequate ventilation matched in the heating and cooking sources to be used. Take advantage of wind direction. Inadequate management of solid waste Prepare and implement a solid waste disposal management plan, including system maintenance and disposal, effects on groundwater and wind direction Create health hazards due to lack of sanitation Sanitation facilities must be included in the project design facilities (water, sewage, and solid waste disposal) Ensure all sanitation facilities are installed and running by the time occupants move it Make potable water supplies unsafe Ensure siting of supply systems and choice of supply technologies minimize health hazards Conduct seasonal testing of water quality, particularly for coliform bacteria and arsenic. Ministry of Lands, Housing and Urban Development 71 FINAL CEDP ESMF Cause social impacts in and around the project Conduct a social diagnosis of beneficiaries and communities around the proposed site before project is designed. site Implement development program in each community before or during construction phase Construction Risk injury to construction workers and local Ensure that workers have proper PPE and follow sound safety practices, including use of safety ropes, proper blasting safety, noise inhabitants and dust protection, boots and gloves Ensure that pits are covered or access impeded during construction Excavate and rebury trenches quickly Manage quarry slopes to avoid cave-ins Interrupt local transportation Schedule construction for low traffic days or hours, phase construction to distribute the impacts of road closure. Conduct work to permit at least alternating one-way road passage Noise disturbance Use less noisy construction techniques including making a work schedule to minimize impact Create dust or mud Spread water to keep dust down. Drain areas prone to mud. Schedule land-clearing excavation and similar activities to avoid extremely dry and wet conditions. Create breeding rounds for disease vectors Excavate and rebury trenches quickly and arrange for proper permanent disposal for construction and demolition debris, away from (standing water in borrow pits, demolition debris) watercourses. Fill borrow pits or assure drainage. Use shallow wells or streams for construction water, rather than diverting natural flows to the site. Erosion Soil conservation measures should be included in the design and implemented. The exact measure will depend on the site and the severity of the impact. Install checks and barriers, berms, hay bales, or other vegetation to trap sediment runoff. Revegetate disturbed areas. Ministry of Lands, Housing and Urban Development 72 FINAL CEDP ESMF Annex H: Summary of Public Consultations on ESMF and RPF Agenda for the Workshop 1. Introduction of Participants 2. Opening Remarks: World Bank-Mr. Moses Kibirige 3. Environmental Social Management Framework-Consultant-Dr. Koojo Charles Amooti 4. Discussion 5. Health Break 6. Resettlement Policy Framework-Consultant-Dr Koojo Charles Amooti 7. Discussions 8. Closing Remarks –PSFU The participants who attended the ESMF and RPF meeting at Metropolitan Hotel on the 7th of March 2013. No. NAME ORGANIZATION TELEPHONE E-MAIL 1 Kagoro Grace MLHUD 0706-581455 kagoro@mlhud.go.ug 2 Kakumba Eria Mpigi District Local Government 0752-997506 kakumberia@yahoo.com 3 Ann Nakimbugwe Mukono District Local 0772-470285 mariannekavuma@yahoo.com Government 4 Gateese Teopista Luweero District Local 0772-605165 tgateese@yahoo.com Government 5 Bbira Yasin Mityana District Local 0782-600905 bbirayasin@yahoo.com Government 6 Besigye Samuel Uganda Wild Life Authority 0703-921254 samuel.besigye@ugandawildlife.org 7 Richard Oput MLHUD 0772-412702 landproj@mlhud.go.ug 8 Koojo Charles URTC 0772-522207 koojocharles@yahoo.co.uk 9 Prova Nangobi URSB 0775-201188 pnangobi@ursb.go.ug 10 Moses Kibirige World Bank 11 Herbert Oule World Bank 0772-620004 houle@worldbank.org 12 John Marie PSFU 0772-447393 Jkyewalabye@psfuganda.org.ug Kyewalabye 13 Namutosi Miriam HTTI 0772-668282 amonmiriam@gawo.com Amon 14 Gongo John Tororo District Local 0752-626817 weseyf@yahoo.com Government 15 Baguma Edwin PSFU 0782-730860 bgmedwin@gmail.com 16 Naomi Obbo NEMA 0774-391306 nobbo@nemaug.org 17 Morris Okello PSFU 0773-480595 Mokellopsfuganda.org.ug 18 Kinyosi Micheal Moroto District Local 0772-615819 Kcabrals2000@yahoo.co.uk Government NB: The Participants were District Environmental Officers, MOLH&UD, UWA,NEMA,PSFU and URBS. Ministry of Lands, Housing and Urban Development 73 FINAL CEDP ESMF Summary of Issues raised by the participants  The issue of institutional roles and coordination of environmental management of the project was raised and wanted to understand their roles in the design and implementation phase.  Support of the environmental officers by the project  Disclosure mechanism to include workshops to be mentioned specifically  Implementation mechanism of the Environmental audits  The introduction of the Pest Management Plans and the RAPs to the project relevance was further sought in order for the participants to appreciate its relevance in the ESMF  The issue of the district being informed on the progress of the project was raised as at times information flow from the project is not availed to them  The participants wondered why Resettlement Policy Framework (RPF) was being developed for the land Offices and HTTI as they were clear manifestation from records that there would be no compensation or relocation. Response and how it is addressed in the ESMF and RFP  The EMSF experience of the previous projects did not have an ESMF and it was assumed that the district environmental Officers would be fully involved in the implementation. The ESMF singled out this aspect and has proposed under the PCU to have an Environmental Specialist who would provide and technical advises and also coordinate with various stakeholders including the DEO’s in each respective district. The district Environmental officers would also be involved under capacity building of which the project activities will detailed in form of workshops, consultations and monitoring programmes.  It was agreed that continuous engagement of the project on environmental and social aspects throughout the project time horizon right from the planning, design and implementation stages.  The PCU would support the environmental officers under capacity building whenever they undertake project activities i.e through workshops etc.  The Disclosure procedure was agreed that it was elaborate and both the Ugandan and the World Bank procedures and laws takes care of means of disclosure right from the preparation of the ESIS,EMP.RAP and associated management plans with specific details i.e public hearing, newspaper, Infoshop, workshop etc  The environmental audits would be part monitoring the performance of the applicants and on an annual basis undertake an audit of the project and submitted to NEMA and the World Bank.  It was explained to the participants that in case of any project using pests or hazardous chemicals then the Pest management Plan would guide and also it was observed that termites were cited as being common in buildings. The possibility of resettlement or location was taken care of by either presenting a full RAP or an abbreviated one.  Information from the project/client would be disseminated to the districts and other stakeholders on a timely basis through the environmental Specialist. Ministry of Lands, Housing and Urban Development 74 FINAL CEDP ESMF  The RPF has been developed because there is a possibility of land acquisition or displacement of land uses due to civil works and rehabilitation of infrastructure and the specific sites or locations of some of the projects physical activities are not known. Ministry of Lands, Housing and Urban Development 75 FINAL CEDP ESMF Work Shop Presentation on the ESMF Validation and Disclosure  ESIA for the 9 Land Offices –MOLH&UD Environmental and Social  Hotel Tourism and Training Institute(HTTI) –Jinja  Environmental and Social Management Framework (ESMF) for Management Framework the Competitiveness and Enterprise Development Project (CEDP) and has been developed in tandem with a Resettlement Policy Framework (RPF) as a combination of due Competitiveness and Enterprise diligence instruments required to address and manage Development Project (CEDP) environmental and social impacts associated with the CEDP. FINAL DRAFT REPORT Presented by Dr Koojo Charles Amooti Project Description Objective of the ESMF  The World Bank is supporting the Government of Uganda • a) Establish clear procedures and methodologies for the (GOU) to implement a Competitive Enterprise Development environmental and social assessment, review, approval and Project(CEDP) starting in 2013 implementation of investments to be financed under the  The project is proposed to be for 5 years from 2013 to project; 2018.The proposed physical activities will be located in • (b) Specify appropriate roles and responsibilities, and outline Kampala, Jinja and throughout selected urban and municipal the necessary reporting procedures, for managing and centers of Uganda, namely the Districts of Luwero, Mpigi, monitoring environmental and social concerns related to Mityana, Soroti, Kabale, Rukungiri, Tororo, Mukono and project investments; Moroto for land offices. • (c) Determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF; and • (d) Provide practical information resources for implementing the ESMF. Legislative framework Legislative framework • NEA Cap 153 • Public Health Act, 2000  Regulations on Environment Impact Assessment, 1998  National Environment (Noise Standards and Control Regulations) • The Local Governments Act, 1997 2003 • The Access Road Act, 1969 and The Roads Act, Cap 345  The Water (Waste Discharge) Regulations, 1998 • World Bank safeguard requirements, the following  The National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations (1999) Operational Policies have been triggered by the Project and  The National Environment (Waste Management) Regulations (1999) will require specific safeguard provisions: Environmental  Regulations 3 to 17 of the National Environment (Wetlands, River Assessment (OP 4.01), Cultural Resources (OP 4.11),Pest Banks and Lake Shores Management) Regulations (2000) Management (OP 4.09) and Involuntary Resettlement (OP  The Occupational Safety and Health Act (2006) 4.12).  Water Act, Cap. 152  The Land Act Cap 227 Ministry of Lands, Housing and Urban Development 76 FINAL CEDP ESMF Institutional roles and responsibilities ESIA/EMP preparation, review and appraisal process and tools • These include at the national level, • The ESMF outlines the environmental impact assessment procedures, reporting systems, and responsibilities to be adopted by the implementing • the Ministry of Lands, Housing, and Urban Development agencies during the CEDP (MLHUD),  Screening of proposed sub-projects including applications under the • the Ministry of Tourism, Wildlife and Antiquities (MTWA), Matching Grant Facility (MGF); • Hotel and Tourism Training Institute  Steps to be taken for an EIA, including an application for environmental approval; • Uganda Wildlife Authority(UWA),  An annual environmental and social audit of the CEDP; • Private Sector Foundation Uganda(PSFU)  Guidelines on the environmental and social impact of potential • Uganda Registration Services Bureau(URSB) subprojects; • National Environment Management Authority (NEMA).  Grievance redress mechanism;  Compliance mechanisms; and • At the local level, District and Municipal government offices  Descriptions of roles and responsibilities. (through the D/MEOS) will also have roles in implementing provisions of the ESMF. Physical Activities • The Project’s physical activities will be limited to site specific civil works for rehabilitation or construction of Zonal Land Offices in selected districts throughout Uganda, and renovation or construction of the Hotel and Tourism Training Institute (HTTI) in Jinja. Ministry of Lands, Housing and Urban Development 77 FINAL CEDP ESMF Approach to ESMF Approach to ESMF  This ESMF largely draws from a number of project preparation • Consultations for proposed investments under studies available in Uganda that have already been carried out on environmental and social aspects, particularly on the the CEDP were undertaken by Urban Research implementation plans and ESMFs developed for the proposed and Training Consultancy E.A Ltd (URTC), physical activities (small to medium scale infrastructure and tourism development).  The borrower has had prior experience with implementing World Bank Projects and therefore has some knowledge and capacity for safeguards management relating to Bank environmental and social safeguard policies. The environmental and social instruments developed during preparation will reassess this capacity and propose appropriate strengthening measures to be included in the project. Public consultations KEY Stakeholders • In order to ensure that key interests of the public, at various • Key Stakeholder Groups included: levels of governance, are addressed and incorporated into the  WB design and implementation of the ESMF safeguard tools,  PSFU stakeholder consultations were carried out as part of the ESMF process through preparation of the ESIS for HTTI in Jinja  Project Proponents/ Developer (MLH&UD ), and the EIAs prepared for the 9 district land offices.  HTTI  District Land office Site,  Local Government,  Vulnerable groups (e.g. women,)  Local authorities and  Local community members. Approach to ESMF Site Specific  Public Disclosure- For projects such as the CEDP, the World Bank’s Access to • Updating of ESIA (February 2013) has already Information Policy requires that safeguard-related documents been prepared for the proposed be disclosed before appraisal (i) at the InfoShop and renovation/construction of the HTTI in Jinja (ii) in country, at publicly accessible locations and in a form and and is awaiting approval from NEMA. EIAs language that are accessible to potentially affected persons. have been prepared (February )for the 9 This allows the public and other stakeholders to comment on district land offices in Luwero, Mpigi, Mityana, the possible environmental and social impacts of the project, and for the World Bank Appraisal Team to strengthen the Soroti, Kabale, Rukungiri, Tororo, Mukono and frameworks, particularly measures and plans to prevent or Moroto and will be submitted for NEMA for mitigate any adverse environmental and social impacts. their records Ministry of Lands, Housing and Urban Development 78 FINAL CEDP ESMF Main environmental and social impacts of the Public Consultations proposed Project investments • The proposed CEDP is not likely to result in significant adverse • Findings of the consultations indicated that there are positive environmental or social impacts. The project has a potential of localized, site-specific adverse environmental impacts associated with rehabilitation impacts associated with the proposed investments and that and civil works for construction and rehabilitation of administrative, potential negative environmental and social impacts can be training and tourist facilities, particularly the district land offices, and hotel school facilities. readily addressed through adequate implementation of an • The project may enhance land market and lands rights through improved Environmental Management and Monitoring Plan. cadastral system, and accelerate the change in land use patterns but is not expected to result in different land uses than those that would take place • Extensive consultations were carried out between 22nd without the project. January and 5th February 2013 with the neighbours and key • These include construction waste, dust and noise pollution during construction, impact of increase construction traffic, social and health stakeholders on a one to one basis to ascertain any arising impacts due to temporary establishment of construction yards, etc. issues as a result of the proposed expansion of crested crane • Most of these impacts are well known and can be mitigated using hotel and training institute. standard good construction practice embedded in the civil works contracts. • .The immediate neighbours have been consulted and they have no objection to the proposed project. Impacts Main environmental and social impacts of HTTI • The main positive aspects mentioned by the respondents were: the provision of jobs to the residents. Generally, the impacts of the Project were seen as largely positive with a – Generation and disposal of construction debris; potential to reduce significantly the lack of office – Strain to the existing infrastructure such as; 
water supply accommodation. The overall negative impacts are rated as since construction activities are known to be heavy water minimal and can be effectively managed through consumers and the increase in population proportionately implementation of an EMP and adequate monitoring and increases water demand thus direct impact to the water capacity supply during both the construction and occupation phases; – Noise affecting the immediate environment; – Run-off generated by rainfall that may cause flooding and its consequences; Main Environmental and Social Impacts of HTTI Main Environmental and Social Impacts of HTTI – Generation of sewage and effluent. Sewage is of significant – Increased solid wastes including stones, wood, glasses, concern with respect to the environment and particularly plastics, containers, metal rods, pieces of iron sheets, to water and soil. In its raw form, it is serious health hazard sharp objects (nails) etc. On completion and occupation, and emits offensive odours; the project will be generating waste products from various – Generation of air pollutants in the form of dust particles operations and activities; mostly office and house refuse and gas emissions (fumes) from machinery and vehicles; including the polythene challenge; – Vegetation clearance to give way for HTTI and Land – Increased occupational exposure to dust, air and noise Offices; pollution. These plus other safety hazards such accidents, – Oil/grease spills / leaks in construction sites and in most falling objects, risks from poor scaffolding, ladder and areas that make use of petroleum products, which contain formwork are considered negative impacts; hard/hazardous elements that are detrimental to the environment; Ministry of Lands, Housing and Urban Development 79 FINAL CEDP ESMF Mitigation Plans-Land Offices Main Environmental and Social Impacts of HTTI – Temporary interference with the road traffic along the • Re-vegetation of open patches of the site should be carried access road to the residential areas road due to the out to prevent gullies and stabilise the soil. movement of heavy trucks and construction equipments • Vegetation removal should be done with care and trees that to and from the site during construction phase and may not affect the construction of the project should be left. operation; • Leguminous plants that have soil conservation qualities are – Bad behavior of the workers, such as indiscriminate solid particularly recommended. waste disposal and use of abusive vulgar words during • There is, therefore, need to create an instant grass cover construction phase; and which offers long term erosion 
control. – Accidents and spread of diseases such as HIV/STD’s due to influx of foreign workers in the area. Mitigation Plans-Land Offices Mitigation Plans-Land Offices • An efficient drainage is a key role in erosion control and • The architectural design development is planned as single erosion checks or lining have been 
designed in the building, with 
grass embankments to be planted on the site architectural designs. to cater for the natural environment. The design also of the • Erosion control fences, silt traps, bare surface cover (mulching structure is to use natural ventilation and natural light within or geotextiles) to control soil erosion. the building and avoid restricting the current open aspect of • In the foundation hard cores should be used to increase the the site. firmness of the structure on the 
ground • The proper management of the land office block will minimise • Surface trenches should be constructed to help in the onsite or eliminate the negative impacts that are likely to be caused by working within the office premises. Management of the water drainage in order to avoid 
flooding. office premises is committed to implementing the project in • Water harvesting from the roof tops to be provided an environmentally sustainable manner. Capacity building and Training Mitigation Plans-Land Offices • Accordingly, the supervision arrangements for the EMP should Successful implementation of the ESMF will rely on summarize key areas on which supervision will focus such as (a) establishing the PCU’s capability to ensure that the critical risks to implementation of the EMP and how such risks subprojects are screened and appraised appropriately; and will be monitored during implementation and agreements (b) regular monitoring and reporting to track performance of reached with the Proponent. If identified as a requirement of the subprojects. It is recommended that an Environmental the subproject through the screening process, a Resettlement Specialist be appointed to the PCU to ensure that the Action Plan, a Pest Management Plan, and/or a Physical provisions of the ESMF are implemented accordingly. Cultural Resources Management Plan / Chance Finds Procedures or a combination of these, is prepared alongside The main role of the Environmental Specialist is to provide or as an integrated part of the EMP technical advice on environmental and social management and mitigation planning and ensure that the ESMF is fully implemented. Ministry of Lands, Housing and Urban Development 80 FINAL CEDP ESMF PROCESS FOR SUBPROJECT PREPARATION, Capacity building and Training IMPLEMENTATIONAND MONITORING • Environmental Consultant be procured under the MGF to Environmental and social assessment procedures, reporting support the Unit in screening applications using the Screening systems, and responsibilities to be adopted by the Checklist and in determining the level of environmental and implementing agencies for the CEDP various elements of this social assessment needed. ESMF including: • The Environmental Consultant will monitor the performance  Steps to be taken for the screening, review and appraisal of of the applicants and on an annual basis undertake an audit of proposed investments; at least 20% of total applications approved to measure the  Procedures for preparation of EMPs and related management effectiveness of E&S provisions. plans for subprojects;  Guidelines on the environmental and social impact of project investments; and  Compliance mechanisms. Screening and Review Process Appraisal and Approval • Class/Category A: Projects which may have adverse and • Appraisal significant environmental impacts, and may, therefore, • After analyzing the data contained in the environmental and require full EIA; these would be ineligible for CEDP support; social screening form and after having identified the right • Class/Category B: Projects of the type or scale that have environmental category and level of assessment needed, the potential to cause some significant environmental impacts but PCU/MGF Unit will make a recommendation to NEMA which do not warrant a full EIA; establishing whether: (a) any environmental assessment will be required; (b) the implementation of mitigation measures • Class/Category C: Projects which would have no impact and via an EMP (and associated management plans, ie Pest do not require EIA. Management Plan and RAP) will be enough; or (c) a separate The PCU will be responsible for categorising an activity as an A, EIA is required. B, or C in coordination with NEMA. Preparation of Management Plans Related to Preparation of an EIA Resettlement, Pest Management, and Physical Cultural Resources • Preparation of an EMP • Abbreviated RAPs will be needed for each subproject that may result in the loss of access to resources. An abbreviated  The format for the EMPs will follow the requirements under RAP will focus on the procedure and amount of loss and the NEMA guidelines document and the OP 4.01 compensation and be around 10 pages at most(refer to the requirements. As part of the EA process, EMPs will need to be CEDP RPF). The District Offices responsible for planning and prepared and implemented for Category B projects. implementing the subprojects will coordinate with the  Environmental contract clauses should be included in the MLHUD in preparing the RAP. The RPF outlines the relevant Technical Specifications and be accounted for as part of the steps required in order to ensure that appropriate measures Project investment’s overall implementation budget are put in place to safeguard the rights of affected communities. Ministry of Lands, Housing and Urban Development 81 FINAL CEDP ESMF Approval Disclosure of subproject information • The PCU and MGF Unit will review the EIAs/EMPsin • In compliance with World Bank guidelines and in Ugandan EIA consultation with NEMA and the MHLUD to ensure that as regulations, before a subproject is approved, the applicable appropriate, the results of EIAs to ensure that all documents (EIA, EMP and/or RAP and associated environmental and social impacts have been identified and management plans) must be made available for public review effective mitigation measures have been proposed and at a place accessible to local people (e.g. at a local incorporated into the sub-projects and an EMP with government office), and in a form, manner, and language they associated costs prepared. EIAs will then be reviewed and can understand cleared for disclosure by the World Bank. • Following the Bank review of the EIA, the EIA will be forwarded to NEMA for final review and clearance. If the EIA is approved, NEMA issues the necessary environmental permit that confirms the EIA has been satisfactorily completed and the project may proceed. Monitoring Grievance Redress Mechanism • The ESMF outlines a number of indicators as part of the ESMF The GRM should include procedures for implementation which will be included in the overall project • recording, registering, and sorting grievances; monitoring. In addition, an Annual Audit on ESMF Implementation will be prepared by the PCU and delivered to • conducting an initial assessment of grievances; NEMA and the World Bank. • referring grievances to appropriate units or persons; • determining the resolution process; • making decisions, including parameters and standards for accurate and consistent decision making; • directing relevant agencies responsible for implementing decisions; • notifying complainants and other affected parties of eligibility, the resolution process, andoutcomes; and • tracking, monitoring, documentation, and evaluation. OPERATIONAL TOOLS AND GUIDELINES Potential Land Acquisition and • Annex A: CEDP E&S Screening Form Affected Persons • Annex B: Sample Terms of Reference for an • The Land sites and HTTI will not result in any EIA resettlement since the land is owned by the • Annex C: Terms of Reference for an EMP local government and land titles have been • Annex D: Proposed Format of a Pest issued. Copies of land titles are attached as annexes to the ESIAs. Management Plan • In the event that issues of land acquisition or • Annex E: Examples of Contract Clauses for Civil displacement arise, the RPF includes Works provisions to address these and to compensate affected persons accordingly. Ministry of Lands, Housing and Urban Development 82 FINAL CEDP ESMF