FEDERAL REPUBLIC OF NIGERIA WORLD BANK PROGRAM-FOR-RESULTS FINANCING Sustainable Urban and Rural Water Supply Sanitation and Hygiene Program for Results (SURWASH) (P170734) ENVIRONMENT AND SOCIAL SYSTEMS ASSESSMENT (ESSA) April 23, 2021 Prepared by the World Bank 1 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................. 2 LIST OF TABLES ........................................................................................................................... 4 LIST OF ACRONYMS.................................................................................................................... 5 EXECUTIVE SUMMARY .............................................................................................................. 7 SECTION I: PROGRAM DESCRIPTION AND SCOPE .............................................................. 17 1.1 Introduction ............................................................................................................................. 17 1.2 Program Description ................................................................................................................ 18 1.3 Program Implementation and Institutional Arrangements ...................................................... 20 1.4 Program Boundaries and Activities .......................................................................................... 21 1.5 Excluded Activities ................................................................................................................... 24 1.6 Scope of the Environmental and Social Management System Assessment (ESSA) ................... 25 1.7 Objectives of this ESSA ............................................................................................................ 26 1.8 Approach of ESSA ................................................................................................................... 27 SECTION II: STAKEHOLDER CONSULTATION ..................................................................... 29 SECTION III: DESCRIPTION OF EXPECTED PROGRAM ENVIRONMENTAL AND SOCIAL IMPACTS...................................................................................................................................... 48 3.1 Overview of Program Risks and Benefits ................................................................................. 48 3.2 Expected Environmental Benefits ............................................................................................ 49 3.3 Expected Environmental Risks and Impacts ....................................................................... 49 3.4 Expected Social Benefits ..................................................................................................... 52 3.5 Social Risks and Impact ...................................................................................................... 54 SECTION IV: OVERVIEW OF RELEVANT BORROWERS ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS ......................................................................................................... 55 4.1 The Constitution of the Federal Republic of Nigeria (1999)...................................................... 55 4.2 Policies Relevant to the SURWASH Program .......................................................................... 55 4.3 Relevant Nigerian National Laws ............................................................................................. 58 4.4 Relevant Nigerian National Environmental Regulations .......................................................... 61 4.5 Nigeria’s Institutional Framework ........................................................................................... 62 4.5.1 Federal Ministries Relevant to SURWASH Program 62 4.6.1 State Level Environmental and Social Laws, Policies and Edicts 63 4.6.2 State and LGA WASH Sector Policy, Regulations, Edicts, Legal and Institutional Framework in Nigeria .............................. 64 SECTION V: ASSESSMENT OF THE CLIENT’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS ......................................................................................................... 67 5.1: Summary of Systems Assessment ............................................................................................ 68 Core Principle 1: General Principle of Environmental and Social Management ............................ 68 Core Principle 2: Natural Habitats and Physical Cultural Resources ............................................ 70 Core Principle 3: Public and Worker Safety .................................................................................. 72 Core Principle 4: Land Acquisition................................................................................................ 74 Core Principle 5: Social Considerations - Indigenous Peoples and Vulnerable Groups .................. 76 Core Principle 6: Social Conflict .................................................................................................... 78 SECTION VI: PROGRAM ACTION PLAN (PAP) AND RECOMMENDATIONS ..................... 80 6.1 Environmental Summary and Recommendations ............................................................... 80 6.2 Social Summary and Recommendations ............................................................................. 82 SECTION VII. SUPPORTING ANNEXES AND REFERENCE DOCUMENTS .......................... 85 2 Annex 1: Applicability of Core Environmental and Social Principles (CP) to the SURWASH Program Disbursement Linked Indicators (DLIs) ......................................................................... 85 Annex 2: Key Environmental & Social Risks and Benefits Associated with Program Activities .... 89 Annex 3: List of Participants at the Stakeholder Consultation....................................................... 95 Annex 4: The environmental and social issues, the questionnaire and discussion points and responses from State representatives ........................................................................................... 106 Annex 5: Summaries of State Level Analysis of E&S Systems in line with the PforR Core Principles. .................................................................................................................................... 152 Annex 6: Summary Overview of Potential Impacts Associated with Water and Sanitation Activities ..................................................................................................................................................... 218 Annex 7: Program Specific Sub Project Exclusion List ............................................................... 221 3 LIST OF TABLES Table 1.1 Disbursement-Linked Indicators 18 Table 2.1: Schedule of consultation with the States and the Federal Teams 29 Table 2.2: Result Area 1 Key questions and discussion points and responses from the representatives 30 from States Table 2.3: Result Area 2A Key questions and discussion points and responses from the representatives 33 from States Table 2.4: Result Area 2B Key questions and discussion points and responses from the representatives 39 from States Table 2.5: Concerns/Observation and the response given to the Stakeholders 44 Table 4.1: Nigerian Policies Relevant to the SURWASH Program 54 Table 4.2: Nigerian Laws that are Relevant to the SURWASH Program 57 Table 4.3: Nigerian Regulations that are Relevant to the SURWASH Program 60 Table 4.4: Relevant Ministries and their functions 61 Table 4.5: Relevant State Laws and Regulations of Participating States Participating in SURWASH 62 Table 4.6:States’ Environmental, Social and WASH Institutional Framework and Responsibilities 63 Table 4.7: LGAs' WASH Institutional Framework and Responsibilities 65 Table 5.1: Assessment Core Principle 1: General Principle of Environmental and Social Management 67 Table 5.2 :Assessment Core Principle 2: Natural Habitats and Physical Cultural Resources 69 Table 5.3 : Assessment Core Principle 3: Public and Worker Safety 71 Table 5.4 : Assessment Core Principle 4: Land Acquisition 73 Table 5.5: Assessment Core Principle 5: Social Considerations - Indigenous Peoples and Vulnerable 75 Groups Table 5.6: Assessment Core Principle 6: Social Conflict 77 Table 6.1 : Program Action Plan (PAP) 82 4 LIST OF ACRONYMS AP National Action Plan for the Revitalization of Nigeria’s Water, Sanitation, and Hygiene Sector CDA Community Development Association CHS Community Health and Safety CMU Country Management Unit CPF Country Partnership Framework CPS Country Partnership Strategy CSO Civil Service Organization DLI Disbursement-linked Indicator DLR Disbursement-linked Result DPG Development Partners Group EA Environmental Assessment EC Eligibility Criteria ERGP Economic Recovery and Growth Plan E&S Environmental and Social ESSA Environmental and Social Systems Assessment FCT Federal Capital Territory FGN Federal Government of Nigeria FMEnv Federal Ministry of Environment FMH Federal Ministry of Health FMoF Federal Ministry of Finance FMWR Federal Ministry of Water Resources FPIU Federal Program Implementation Unit FSA Fiduciary Systems Assessment FTCF Fast Track COVID-19 Facility FY Fiscal Year GBV Gender-Based Violence GDP Gross Domestic Product GHG Greenhouse Gas GoN Government of Nigeria GRM Grievance Redress Mechanism GRS Grievance Redress Service HCI Human Capital Index HCF Health Care Facilities IBRD International Bank for Reconstruction and Development IDA International Development Association IEC Information, Education, and Communication IPF Investment Project Financing IT Information Technology IVA Independent Verification Agent LGA Local Government Area M&E Monitoring and Evaluation MDA Ministries, Departments and Agencies NAWIS National Water Information System NEC National Economic Council 5 NESREA National Environmental Standards and Regulations Enforcement Agency NGF Nigeria Governors Forum NGO Non-Governmental Organization NTGS National Task Group on Sanitation NWRI National Water Resources Institute O&M Operations and Maintenance ODF Open Defecation Free OHS Occupational Health and Safety PAD Program Appraisal Document PAP Program Action Plan PDO Program Development Objective PEWASH Partnership for Expanded Water Supply, Sanitation, and Hygiene PforR Program for Results PIU Program Implementation Unit POM Program Operations Manual PPSD Program Procurement Strategy for Development PWDs People living with Disabilities RA Result Area RUWASSA Rural Water Supply and Sanitation Agency SBCC Social and Behavior Change Communication SCD Systematic Country Diagnostic SDG Sustainable Development Goal SEA/SH Sexual Exploitation Abuse/Sexual Harassment SEP Stakeholder Engagement Plan SIASAR Rural Water and Sanitation Information System SMWR State Ministry of Water Resources SPIU State Program Implementation Unit SSC State Steering Committee STWSSA Small Town Water Supply and Sanitation Agency SWA State Water Authority SWB State Water Board SWC State Water Corporation TA Technical Assistance TBO Toilet Business Owner ToR Terms of Reference UN United Nations UNICEF United Nations Children’s Fund WASH Water Supply, Sanitation, and Hygiene WSS Water Supply and Sanitation 6 EXECUTIVE SUMMARY 1. The World Bank is proposing to support the Government of Nigeria (GoN) with a Program for Results (PforR) instrument in a program referred to as Nigeria Sustainable Urban and Rural Water Supply, Sanitation and Hygiene Program for Results (SURWASH) (hereafter, the Program). The Program will support the implementation of the National Action Plan (NAP or ‘AP’) for the Revitalization of Nigeria’s WASH Sector. The NAP serves as the Government’s overall strategy and vehicle for investment and sector reforms to attain the SDGs for WASH and provides a strategy to ensure that all Nigerians have access to sustainable and safely-managed WASH services by 2030, in compliance with the Sustainable Development Goals (SDGs) for Water (Goal 6.1) and Sanitation (Goal 6.2). The Program will target rural, small town and urban water supply. 2. The proposed Program takes a hybrid approach to financing via supporting a Program for results and an investment policy loan focusing on technical assistance. in order to support Government of Nigeria in achieving its objective: (i) a US$640 million Program-for- Results (PforR); and (ii) a US$60 million Technical Assistance (TA) component for states and select Federal institutions, which will be implemented as an IPF to address critical institutional development and capacity gaps within implementing institutions. The ESSA focuses on environmental and social concerns associated with the Program and will be supporting the mitigation, management and monitoring efforts of the seven selected front runner states to be supported under the Program. 3. The Program’s implementation and institutional arrangements will follow existing structures as established in the National Water Supply and Sanitation Policy 2000 and later elaborated upon in the AP 2018 and, for rural communities, in the Partnership for Expanded Water Supply, Sanitation and Hygiene (PEWASH) Program Strategy 2016-2030. At the National level, the Federal Project Implementation Unit (FPIU) has been set up within the Federal Ministry of Water Resources (FMWR) as the implementing agency. It will be responsible for overall Program design, implementation oversight, and M&E, as well as for procurement and implementation of federal activities, namely TA. State level PIUs will be established within all Program participating states, and will be responsible for Program design, implementation oversight, and M&E for all activities within their state. Program funds will be channeled through the Federal Ministry of Finance directly to the states in accordance with the cost-sharing agreement with the FMWR. As states will be responsible for achieving the program results, they will lead implementation of the PforR component. At the State level, the State Ministry of Water Resources (SMWR), or equivalent state-level agency responsible for WASH, will lead state-level policy reform and sector coordination. 4. Under the PforR Component, the proposed Program is expected to contribute to two key result areas and seven disbursement linked indicators (DLIs) to achieve the Program Development Objective (PDO). The Program’s two Results Areas under the PforR are: RA 1. Strengthened Sector Policies and Institutions for Improved Services; and RA 2. Improved Access to Water Supply, Sanitation and Hygiene Services. 7 5. Results Area 1: Strengthened Sector Policies and Institutions for Improved Services (US$40 million IDA): The RA will support activities designed to enact necessary policy reforms and enhance the capacity of institutions required to rebuild better for effective and sustainable service delivery, including the FMWR, state and local governments, service providers, technical assistance providers, and community-based organizations. The RA will involve two DLIs, namely, DL1 Design of National WASH Fund to Enable its Establishment (US$5 million IDA) and DL2 Design and implementation of a State policy, institutional, and regulatory (PIR) Plan and achievement of required reforms (US$35 million IDA). 6. Results Area 2: Improved Access to Water Supply, Sanitation and Hygiene Services (US$600 million IDA): This RA will support an integrated package of investments to expand access to and increase the use of WASH services in urban and rural areas and small towns protecting poor and vulnerable people and supporting livelihoods and job creation. The Program embraces an LGA-wide approach to WASH, whereby participating LGAs will be supported to address critical gaps simultaneously in water supply, sanitation, and hygiene, and within communities, public institutions, and public places. It includes the development of priority infrastructure to improve water supply service delivery, supports the implementation of the Clean Nigeria: Use the Toilet Campaign to improve sanitation and hygiene practices, and the development of WASH infrastructure in institutions (schools and healthcare facilities) and public places (markets, motor parks, etc.). 7. RA 2 covers five DLIs as follows: a. DLI 3. People provided with basic drinking water service under the Program. Sub-DLI 3.1: Performance improvement of state water supply implementing agencies. b. DLI 4. People with access to a sustainably functioning water service. c. DLI 5. Households with improved sanitation facilities constructed or rehabilitated under the Program. Sub-DLI 5.1: Performance improvement of state sanitation implementing agencies. d. DLI 6. Communities having achieved community-wide sanitation status (ODF+) or number of ODF+ communities having maintained their status. e. DLI 7. Schools and healthcare facilities with functional, improved water supply, sanitation and handwashing facilities constructed or rehabilitated under the Program. 8. The PforR component will not support certain high-risk activities and these will be excluded from financing under the Program. Excluded activities include the construction or rehabilitation of wastewater treatment plants, the desilting of surface waters, and large- scale water (surface and groundwater) resource infrastructure, including large dams or activities involving the allocation or conveyance of water, such as inter-basin water transfers or activities resulting in significant changes to water quality or availability. Furthermore, other proposed activities with an uncertain level of risk could be subject to additional screening mechanism for acceptability. Such activities include, but are not limited to, the construction or rehabilitation of water treatment plants and fecal sludge treatment facilities, and the large-scale construction of water supply mains. Large scale 8 land acquisition for any Program activity is also deemed high risk which cannot be funded under the PforR. Any Program activity that entails large scale resettlement or livelihood displacement of more than 100 Project Affected Persons (PAPs) will not be funded by the PforR. For any resettlement below 100 PAPs, the implementing agencies will prepare Resettlement Action Plans (RAPs).An exclusion list of high-risk E&S activities has been prepared which specifies activities/ impacts that will not be eligible for funding under the PforR as per the policies of the Bank. The exclusion list is presented in Annex 7. 9. The Environmental and Social Systems Assessment (ESSA) examines the extent to which the Federal and State Government’s existing environmental and social management systems operates within, an adequate legal and regulatory framework to guide environmental and social impact assessments, mitigation, management and monitoring at the PforR Program level; and incorporate recognized elements of good practice in environmental and social assessment and management. The ESSA thereafter defines measures to strengthen the system and recommend measures that will be integrated into the overall Program. The ESSA is undertaken to ensure consistency with six core principles and key planning elements of PforR ESSA. 10. The ESSA was prepared by Bank team through a combination of detailed reviews of existing Program materials and available technical literature, including policies, regulations, guidelines and examples of due diligence and design documents, interviews and extensive consultations with government staff (Federal, State and LGA levels), non-governmental organizations, regulatory agencies, private sector organizations and sector experts associated with the WASH sector. An environmental and social risk screening was undertaken at the concept stage. The ESSA process was informed by the Bank Guidance on PforR Environmental and Social System Assessment (September 2020). 11. Consultations were carried out prior to the development of the ESSA despite the COVID- 19 pandemic. Initial consultations held with government officials and with a large group of stakeholders over a period led to the formulation of SURWASH Program. The outcomes of those consultations are embedded in this Program and influenced its design. Different stakeholders were consulted across the three tiers of government. Some consultations were also carried out prior to the development of the ESSA. In all consultations, complete adherence to GoN, tier one states’ COVID-19 and the World Bank’s guideline on consultation during the pandemic were followed under the context of the Pandemic and the need for remote communication. World Bank specialists undertook a series of meetings and consultations with different stakeholders, including federal, state and local government agencies and Non-Governmental Organizations (NGOs) The consultations were virtual via Webex meetings. Consultations were held for Program participating States, namely Delta, Ekiti, Gombe, Imo, Kaduna, Katsina, Plateau, and the Federal team. The teams comprised of top government officials responsible for the environmental and social management and WASH sector in the States including Commissioners of Water Resources Permanent Secretaries of relevant ministries, etc. 12. In line with the six core principles namely: 1) Environment 2) Natural Habitats and Cultural Resources 3) Public and Worker Safety 4) Land Acquisition 5) Vulnerable Groups and 6) 9 Social Conflict, the relevant E&S risks associated with the Program and within the proposed Result Areas (RAs) under the PforR cover environmental and social issues include: a. Generation and need for disposal and management of excavated material and other construction waste generated from construction/rehabilitation activities during the construction phase b. Occupational health and safety of workers both during the construction and operational phases, c. Occupational Health and Safety (OHS) issues both COVID-19 and non-COVID- 19 d. Increased level of dust, noise and vibration from moving of construction vehicles and machinery, community health and safety risk, including nuances during the construction period and impacts that can come about due to unsound operation of WASH facilities Pollution of surface and groundwater sources due to mismanagement of WASH facilities during operational phase. e. Generation of wastewater and fecal sludge from sanitation facilities and treatment processes. f. Risk of exclusion of vulnerable and marginalized individuals / groups/disability exclusion, elite capture, SEA/SH, Capacity to capture beneficiaries etc. g. Possibility of gender-based violence (GBV) and intimate partner violence (IPV) as programs that provide cash transfer and other social support can, in some circumstances, be associated with increases in GBV and IPV h. Risk of spread of sexually transmitted diseases (like HIV/AIDs) and unwanted pregnancies due to influx of contractors i. Safety risks if the sanitation facilities and water infrastructure are in poorly lit places or at long distances away from habitations. j. Social conflicts in some Tier 1 states which may hinder implementation of the SURWASH program. 13. The environmental and social risks of proposed interventions have been assessed and deemed to be Substantial. Specific environmental risks have been assessed and deemed to be substantial due to geographically dispersed nature of supported small- to medium-scale civil works such as the construction and rehabilitation of WASH infrastructure in urban and rural communities, small towns, local institutions, schools, health facilities and public spaces across seven Tier 1 states. Civil works and household-level sanitation and hygiene activities will likely generate adverse site-specific risks and impacts, such as those stemming from the generation and disposal of excavated material and other construction waste generated from construction/rehabilitation activities during the construction phase, occupational health and safety of workers during construction and operational phases, increased levels of dust, noise and vibration from moving of construction vehicles and machinery, and community health and safety risks including nuances during the construction phase and impacts due to unsound operation of WASH facilities, in particular, the risk of pollution to surface and groundwater sources during construction and from wastewater and fecal sludge management systems. . 10 14. If the processes of management of environmental and social impacts pertaining to design, siting civil works and operations are not stringently managed and monitored throughout the process of implementation this may lead to significant impacts. While potential impacts could lead to adverse E&S consequences although less severe and diverse and reversible with appropriate mitigation measures, gaps in the client’s system to screen, address and manage environmental and social risks, elaborated further in this ESSA, indicate that the processes for risk screening need to be strengthened and the risks associated remain substantial. E & S risks are exacerbated due to poor capacity within the WASH agencies to effectively manage these E&S risks, which is currently assessed as weak, especially at the LGA level. Proposed ESSA recommendations to be implemented by the Client will require considerable capacity building which will help reduce the risks over time as the program is implemented. The weaknesses in the CLIENT’S system and possible lack of capacity to address the environmental and social impacts may limit the PforR’ s ability to achieve its environmental and social objectives if ESSA recommendations are not institutionalized and implemented via the Program. 15. Some analysis was carried out to determine the range of environmental and social risks and benefits that are associated with the PforR program based on each of the DLIs. The PforR program will deliver some direct and indirect environmental and social benefits. The Program activities will have benefits for both the environment and the population (clean environment, access to drinking water service, improvement of living conditions, improvement of hygiene, etc.)due to improved and sustainable water and sanitation services, and reduced air pollution due to proper sanitation and hygiene management. Also, installation of meters proposed to be carried out as part of achieving DLI 3 (Number of people provided with access to a basic drinking water service), could lead to reduced energy consumption and energy savings (with climate co-benefits) if smart meters are installed. 16. Associated activities may lead to cutting vegetation and impacts on fauna species thereby leading to loss of biodiversity. There could also be cumulative impacts due to pre-existing environmental conditions and other rehabilitation activities (in the schools and health facilities) not associated with the PforR. In addition, there is a potential for an increased energy use for generation of water, which may increase greenhouse gas (GHG) emissions although the plan to prioritize the use of solar systems in rural and small towns water supply can help ameliorate GHG. Moreover, installation of meters may lead to the generation of e- waste as old ones and malfunctioning ones will be removed. Also, the depletion of ground water due to increased and sustainable supply to customers may affect ground water dependent terrestrial ecosystems that will suffer from reduced water availability. 17. The SURWASH PforR has many social benefits that will result from the achievement of the DLIs. Sustainable access to potable drinking water will lead to enhanced and accelerated health gains due to reduced incidence of diseases especially water borne diseases (diarrhea, cholera, bilharzia, guinea worm, filariasis, dengue fever and some other opportunistic diseases etc.). Reduced disease incidence due to access to clean drinking water will lead to increased life expectancy. There will also be more hours available for work which will in turn lead to enhanced income and welfare and better quality of life for the people and reduced incidence of poverty and vulnerability to shocks and increased 11 economic growth. Also, increased access to drinking water will save the labor used for fetching water, especially for women, and thus result in enhanced income and livelihoods of women. Increase in number of people with access to basic drinking water service will indirectly offer some political gains especially in terms of political stability and enhanced cooperation of citizens in government activities. Furthermore, increasing access to water services in schools will help facilitate basic sanitation and hygiene practices and thus reduce incidence of water borne diseases especially, diarrhea, in schools, enhance teaching and learning and positive educations outcomes. 18. The social risks of this Program have been assessed and deemed to be substantial. Anticipated social risks include impacts due to land acquisition for construction (permanent and temporary), labor risks due to workforce brought into rural areas by contractors, occupational and health risks of workers and resultant impacts on community health and safety, impacts on cultural heritage, GBV, SEA and SH issues as a result of potential influx due to work force under the program and improved water and sanitation infrastructure, spread of communicable diseases like HIV/AIDs and potential conflict. There are also risks if the sanitation facilities and water infrastructure are not located with due consultation with communities. There could also be safety and social exclusion risks especially for women and vulnerable persons if facilities are in poorly lit places or at long distances away from habitations. There could also be inequities and gender discrimination in the selection of schools and hospitals for construction and rehabilitation of water facilities. There could be risks associated with the use of child labor and exposure to COVID-19. Other risks especially associated with DLI7 are disruption of academic activities and disruption of operations in health facilities which may lead to loss of an academic period, loss of income, and unintended health consequences (even death of patients who may not be able to receive urgent medical attention during the period of disruption). 19. Following the identification of environment and social risks, the E&S management system in place to manage the identified risks were assessed in the seven participating States and the Federal agencies. The assessment was done using the following criteria: strengths of the system, or where it functions effectively and efficiently and is consistent with Bank Policy and Directive for Program-for-Results Financing; inconsistencies and gaps between the principles espoused in Bank Policy and Directive for Program-for-Results Financing and capacity constraints; actions to strengthen the existing system. Information from this analysis, identification of gaps and opportunities/actions, were used to inform the recommendations and Program Action Plan (PAP). 20. The recommendations are as follows: • There is a need to modify some aspects of the EIA system to ensure that social assessments are fully covered and that impacted communities are consulted from the beginning until the end of the review process. Currently, effective monitoring of the EIA process is imperative. In this regard, government (state and federal) should create a tracking system to monitor environmental and social risks performance during program implementation. Social aspects of EIA process and E&S tracking system to be included in the POM; 12 • State governments should ensure that controls and staffing are included in the procurement, contractor selection, and supervision phases of civil works; Such requirements to be reflected in the POM; • State governments should build and strengthen the capacity of technical staff and the PIUs to be able to manage and monitor environmental assessments processes, environmental pollutions, hazards and other environmental issues in the state. In the long run, there is need to equip the State Ministries of Environment with necessary facilities and equipment (including laboratory) to be able to monitor and report environmental issues (pollution, degradation, hazards etc.) in the states; • State governments should develop guidelines and manuals for mainstreaming stakeholder engagement process, environmental, and OHS issues into the implementation of the Program, as further set out in the POM; The World Bank Groups’ Environmental Health and Safety guidelines will be adapted for environmental and OHS issues and incorporated into the Program Operational Manual (POM). The manual should help guide the operation of potential contractors and workers and laborers (including those involved in subprojects) who are part of SURWASH Program. The POM guidelines should contain the requirement of adequate on-site training on OHS issues to workers and laborers, provision of personal protective equipment (PPE) and other guidelines relating to specific WASH activities; • States should conduct environmental and social screening of Program activities (including, inter alia, against the Exclusion List and criteria for ensuring no Natural Habitats or sites of Physical cultural resource of importance are impacted either via siting or proximity to project interventions). An independent verification agent will prepare quarterly E&S monitoring reports on the proper application of the screening tool and the requirements set out in the POM, the status of implementation of the Program action plan and ongoing Program activities in the participating states, carry out bi-annual review and monitoring of progress on environmental and social issues and conduct annual environmental and social audits. This is to ensure compliance of the Program activities with the environmental and social standards and regulations and screening mechanism set out in the POM; • Strengthen stakeholder engagement and any existing GRM at the state and community level and build the confidence of the beneficiaries on the system GRM. • States without an agency responsible for grievance redress and peaceful resolution of disputes should institute a legal framework and create a department to facilitate grievance redress. Affected states should also set up community level GRM systems and conflict resolution committee (through relevant traditional rulers/ institution) to address conflict related to water users and other conflicts related to marginalization of ethnic minorities in the Program; • States without a gender-based violence response team should quickly set up a Response Team for quick response to issues of GBV in the states and support it with robust public enlightenment program about the evils of Sexual Exploitation and Abuse and Sexual Harassment. States without Gender Policy should set in motion the process of developing their gender policy which will contain guidelines and processes of preventing discrimination against vulnerable groups and PWDs; 13 • All sub- projects should be designed to include universal access for all persons living with disability and ensure accessibility to the very poor and all minority ethnic groups in the program, as further reflected in the POM; and • All State governments in collaboration with the Program, should adopt and implement a voluntary land donation (VLD) protocol to screen all land selected for community WASH projects to ensure that all land chosen for projects are community land, government land or individual land freely donated and free of all encumbrances. The land donation protocol must include the principle of informed consent and the power of choice, monitoring mechanism and grievance redress mechanism. As indicated in the exclusion criteria, any land selected for projects that will involve displacement / resettlement will not be eligible. The land acquisition and donation requirements will be set out in POM. 21. Following the recommendations, the actions to be included in the Program Action Plan (PAP) with indicative timeline, responsibility for implementation and indicators for measuring the completion of such actions are detailed in the Table ES1 below. Table: ES1: Program Action Plan (PAP) s/n Action Description Due Date Responsible Completion Party Measurement 1 Engagement of qualified ENB and 3 months after State Inclusion of the listed SSI Officers. Implementation of effectiveness or PIUs/Federal specialist in the team (w/ capacity building program. prior to PIU and World clear ToRs) by 3 months disbursement, Bank as part of after effectiveness or prior whichever is the IPF TA to disbmt for any state, earlier workplan whichever is earlier. Staff maintained throughout the Program implementation. Training module and implementation support supervision report of World Bank team. 2 Ensure that a robust E&S Prior to State Screening mechanism screening mechanism is in place effectiveness PIUs/Federal manual prepared and and guides environmental and PIU submitted to the Bank social management of proposed prior to effectiveness. interventions throughout implementation, supported by a comprehensive manual which will include inter alia the Exclusion Independent Verification Agent (IVA) to submit 14 List set out in Annex 7 [to be quarterly reports to the included in the POM] Bank throughout implementation. Throughout the Use the E&S screening mechanism life of the for the preparation of all activities Program under the Program 3 Hire the (IVA) to conduct 90 days after State IVA hired with Bank- quarterly monitoring of progress effectiveness. PIUs/Federal accepted contract/ TORs on environmental and social risk PIU no later than 90 days after management, particularly effectiveness. regarding the compliance of the Program activities with the PAP and the E&S due diligence (based on the screening tool and requirements set out in the POM) Every 3 months during program IVA to conduct quarterly reviews implementation Submit Quarterly reports to the Bank including progress of implementation of actions& compliance with E&S risk management. E&S due diligence per POM. 4 Prepare Program Operational Prior to State POM completed and Manual (POM), with effectiveness PIUs/Federal disseminated to comprehensive guidelines for E&S PIU stakeholders prior to due diligence and core inclusion effectiveness. POM activities such as gender, SEP, adopted by SPIUs prior to SEA/H, resettlement issues and disbursement. protection of vulnerable groups Associated training Use POM requirements for all provided, guidelines implementation operationalized, and relevant POM requirements are applied to all Program activities. During the life of the Program 5 Establish a strong GRM System to State PIUs, Appropriate GRM ensure that the stakeholders are Implementing protocol and staffing are in Prior to start of well sensitized ahead of any Agencies place. activities in implementation relevant State 15 6 Establish a gender-based violence State PIUs, First Minutes of (GBV) response Committee at the Implementing Committee Meeting Prior to start of state level to proactively create a Agencies including Committee activities in safe place for all gender related composition, satisfactory relevant State issues. to the Bank. 16 SECTION I: PROGRAM DESCRIPTION AND SCOPE 1.1 Introduction 22. The Government of Nigeria (GoN) has recognized the importance of WASH in the context of the ongoing global COVID-19 Pandemic situation that has also impacted the country. As part of the Government’s broader COVID-19 response, the Federal Ministry of Water Resources is expediting a three-month WASH sector emergency response plan totaling almost US$26 million. In addition, the World Bank is supporting critical WASH interventions to complement the public health --focused Nigeria COVID-19 Preparedness and Response Project (P173980) under the Fast Track COVID-19 Facility (FTCF). Program financing will support emergency measures to ensure the provision of safe water and hygiene services in healthcare facilities and temporary isolation centers as well as within affected communities, with an emphasis on poor and vulnerable populations. 23. Beyond the current crisis, access to water supply, sanitation and hygiene (WASH) is an important determinant of human capital outcomes, including early childhood survival, health and educational attainment – all of which in turn affect labor productivity and efficiency. Approximately 73 percent of the total burden of enteric infections in Nigeria is associated with inadequate WASH. About 253,800 WASH attributable deaths occurred in Nigeria in 2016, with 119,900 of those deaths occurring from diarrheal diseases. There is robust evidence that access to safe water supply and improved sanitation decreases the incidence of diarrhea in young children. Also, a large part of the chronic malnutrition burden is owing to the unhygienic environment in which children grow up, often a result of high levels of open defecation across densely populated areas. Access to WASH can impact years of schooling by freeing up time that children spend collecting water to attend school, reducing the prevalence of disease that can keep them out of school, and contributing to a safe and healthy learning environment while at school. Gender inequities exacerbate such impacts on human capital. 24. Safely managed WASH services are an essential part of preventing disease and protecting human health during infectious disease outbreaks, including the current COVID-19 pandemic. One of the most cost-effective strategies for increasing pandemic preparedness, especially in resource-constrained settings, consists of investing to strengthen core public health infrastructure, including water and sanitation systems. Good and consistently applied WASH and waste management practices serve as essential barriers to waterborne diseases and to human-to-human transmission of infectious diseases in communities, homes, health care facilities, schools, and other public places. 25. Provision of safely managed WASH services is also critical during the recovery phase of a disease outbreak to mitigate secondary impacts on community livelihoods. These secondary impacts, which could include disruptions to supply chains and inability to pay bills or even panic-buying, have negative impacts on the continuity and quality of water and sanitation services, the ability of schools, workplaces, and other public spaces to maintain effective hygiene protocols when they re-open, and therefore the potential for further disease outbreaks such as cholera where the disease is endemic. Three out of four of the jobs worldwide are water-dependent (UN Water, 2016), meaning that water-related projects have a crucial role in mitigating the effects of the crisis on employment and fostering 17 economic growth in the years to come. Given the labor-intensive nature of water supply and sanitation interventions, investments in WASH have a tremendous potential for job creation; previous stimulus packages have been estimated to result in 17,600 man-days of work in direct and indirect jobs for every million USD invested in the sector. 26. All three tiers of government play a role in the delivery of WASH services, constrained by a lack of clarity for sanitation and significant variation in legal and institutional frameworks across states. At the national level, the Federal Ministry of Water Resources (FMWR) is responsible for policy making, oversight, and investment support for water resources management and development (surface water and groundwater), water supply and sanitation, and irrigation and drainage. With respect to sanitation, both the FMWR and the Federal Ministry of Environment (FMEnv) claim responsibility. While the FMEnv is responsible for the overall coordination of environmental sanitation in Nigeria and the provision of wastewater and fecal sludge management, President Buhari’s 2019 Executive Order 009 entrusted the FMWR with leading the national campaign to end open defecation Ultimately, the responsibility for the delivery of all WASH services rests with state and local governments, both of which exhibit significant variation in legal and institutional frameworks. Under the reform agenda, state waster authorities (SWAs) are gradually taking on the responsibility of sanitation service delivery. 1.2 Program Description 27. The World Bank is proposing to support the GoN with a Program for Results (PforR) instrument in a program referred to as Sustainable Water Supply Sanitation and Hygiene for (SURWASH) (hereafter, referred to as the Program). The Program will support the implementation of the National Action Plan for the Revitalization of Nigeria’s WASH Sector (the ‘Action Plan’ or AP). The AP1 serves as the Government’s overall strategy and vehicle for investment and sector reforms to meet the objectives of the Sustainable Development Goals (SDGs), namely SDG 6 on Clean Water and Sanitation, focused on the WASH sector. As the responsibility for WASH service provision rests with state governments, participating states are required to develop their own 5-year state Action Plans for the sector that better detail the state-level actions to be implemented, which are then translated into state-level annual investment plans. The proposed Program Development Objective (PDO) of the PforR are to increase access to water, sanitation, and hygiene services and strengthen sector institutions in participating states of Nigeria. The progress towards the PDO achievement will be monitored through the following PDO level outcome indicators: (a) Number of states achieving PIR plan targets (b) Number of people provided with access to a basic drinking water service (number, disaggregated by gender, urban/rural and small towns) (c) Number of people provided with access to improved sanitation services (number, disaggregated by gender, urban/rural and small towns) 1 The National Action Plan for the Revitalization of Nigeria’s WASH Sector (AP) provides a strategy to ensure that all Nigerians have access to sustainable and safely managed WASH services by 2030, in compliance with the SDGs for Water (Goal 6.1) and Sanitation (Goal 6.2). It seeks to both strengthen and expand Nigeria’s WASH services while simultaneously improving their effective management and sustainability. The AP comprises five components that must be addressed in parallel: Governance, Sustainability, Sanitation, Funding and Financing, and M&E. 18 (d) Number of communities having achieved and/or maintained community-wide sanitation status (declared and verified as ODF+). (e) Number of schools and healthcare facilities with improved water supply, sanitation and handwashing facilities constructed or rehabilitated (number, disaggregated by urban/rural and small towns) 28. This proposed six-year US$700 million lending operation will be implemented by participating states and the FMWR to deliver an integrated package of WASH interventions in select urban and rural areas and small towns of Nigeria. The Program will pursue an LGA-wide approach, whereby all communities will be targeted within each Program LGA. LGAs will be prioritized by states through a transparent selection process using established criteria. The Program takes a hybrid approach to financing via supporting a PforR component and an IPF component as follows: (1) a US$640 million performance- based financing component for state governments, which will be implemented as a PforR; and (2) a US$60 million Technical Assistance (TA) component for states and select Federal institutions, which will be implemented as an IPF to address critical institutional development and capacity gaps within implementing institutions.. Relevant ESF instruments, for the IPF component include: Stakeholder Engagement Plan (SEP), Appraisal Environmental and Social Review Summary (ESRS), Labor Management Plan (LMP), and Environmental and Social Commitment Plan (ESCP) have been prepared by the GoN and will be publicly disclosed prior to project appraisal by the Bank and the GoN. 29. Under the PforR Component, the proposed Program is expected to contribute to two key result areas and seven Disbursement Linked Indicators (DLIs) to achieve the PDO: ▪ RA 1. Strengthened Sector Policies and Institutions for Improved Services (US$40 million IDA); ▪ RA 2. Improved Access to Water Supply, Sanitation and Hygiene Services (US$600 million IDA); 30. The proposed Result Areas and DLIs are shown in Table 1.1 below. Table 1.1 Disbursement-Linked Indicators RA 1: Strengthened Sector Policies and Institutions for Improved Services US$40M IDA DLI 1 Design of National WASH Fund to enable its establishment. US$5M IDA DLI 2 Design and implementation of a State PIR Plan and achievement of required reforms. US$35M IDA RA 2: Improved Access to Water Supply, Sanitation and Hygiene Services US$600M IDA DLI 3 People provided with basic drinking water service under the Program. US$233.5M IDA Sub-DLI 3.1: Performance improvement of state water supply implementing agencies. US$52.5M IDA DLI 4 People with access to a sustainably functioning water service. US$33.3M IDA DLI 5 Households with improved sanitation facilities constructed or rehabilitated under the US$156.05M IDA Program. Sub-DLI 5.1: Performance improvement of state sanitation implementing agencies. US$52.5M IDA DLI 6 Communities having achieved community-wide sanitation status (ODF+) or number US$16.65M IDA of ODF+ communities having maintained their status. DLI 7 Schools and healthcare facilities with functional, improved water supply, sanitation and US$55.5M IDA handwashing facilities constructed or rehabilitated under the Program. 19 31. One of the required reforms that will be part of the State PIR plan under DLI2 incentivizes the Operationalization of a WASH E&S screening and assessment mechanism. The expected output/outcome is an established screening and assessment mechanisms (guided by a E&S due diligence comprehensive manual) as a required reform in each state’s PIR plan, at the same level that other critical sector functions; and satisfactory annual implementation of requisite mechanism laid out in the manual for screening, assessment and compliance monitoring. The IVA will assess the establishment and the operationalization of the screening mechanism to determine how functional the screening mechanism for infrastructure activities are being used and determine if used as intended. 1.3 Program Implementation and Institutional Arrangements 32. The Program’s implementation and institutional arrangements will follow existing structures as established in the National Water Supply and Sanitation Policy 2000 and later elaborated upon in the AP 2018 and, for rural communities, in the Partnership for Expanded Water Supply, Sanitation and Hygiene (PEWASH) Program Strategy 2016-2030. At the National level, the Federal Project Implementation Unit (FPIU) has been set up within the Federal Ministry of Water Resources (FMWR) as the implementing agency. It will be responsible for overall Program design, implementation oversight, and M&E, as well as for procurement and implementation of federal activities, namely TA. SPIUs will be established within all Program participating states, and will be responsible for Program design, implementation oversight, and M&E for all activities within their state. Program funds will be channeled through the Federal Ministry of Finance directly to the states in accordance with the cost-sharing agreement with the FMWR. 33. As states will be responsible for achieving the program results, they will lead implementation of the PforR component. At the State level, the State Ministry of Water Resources (SMWR), or equivalent state-level agency responsible for WASH, will lead state-level policy reform and sector coordination. To support the implementation of the Program in each state, a state steering committee (SSC) will be established for overall state- level coordination and policy guidance in each of the participating states. The membership of the committee shall include representation from the key MDAs responsible for achieving the DLIs. The state water commissioner or equivalent will chair the state steering committee. The SSC will approve the Program annual work plan and budget, prepared by the SPIU, and monitor and evaluate the performance of the SPIU and overall state-level Program results. The SPIU, meanwhile, will be responsible for management and implementation of state-level Program components, as well as for supervision and M&E of LGA-level activities. It will provide TA to Program LGAs for planning and implementing local projects. The SPIU will promote the use of performance contracts and, where possible, promote commercially viable tariff structures. 34. Although each state’s SSC and SPIU will be led by the SMWR, both entities will be composed of representatives of the state-level MDAs responsible for each subsector. Although particular MDAs vary from state to state, they will generally include the following institutions, or equivalent: (1) the Rural Water Supply and Sanitation Agency (RUWASSA) 20 for rural WASH, (2) the Small Town Water Supply and Sanitation Agency (STWSSA) for small town WASH, (3) the State Water Authority (SWA) for urban water supply, and (4) the state urban sanitation authority. State Ministries of Environment and other MDAs with overlapping mandates will also be included. 35. At the Federal level, the FMWR is responsible for overall WASH policy reform, the allocation of national-level financial resources, and coordination between states, development partners, and other key stakeholders. While the PEWASH Coordination Office maintains responsibility for overall rural WASH subsector coordination, investment management, and oversight, a Federal Steering Committee (FSC) will be responsible for overall Program coordination and policy guidance. The FSC will approve the Program annual work plan and budget, prepared by the FPIU. The FSC will also monitor and evaluate the performance of the FPIU and overall Program results. The FSC is chaired by the FMWR Permanent Secretary and includes all state commissioners and state permanent secretaries, as well as development partners and other stakeholders. The FPIU will be responsible for overall Program management and implementation, and jointly with the World Bank Program team, the development of a detailed verification protocol. 36. The FPIU’s key functions are to: 1) administer capacity assessments of relevant state agencies and implement required TA to additional (non-Program) states to strengthen required capacities for Program implementation; 2) lead program communications and outreach activities from the government side; 3) lead M&E activities for the overall program (not the individual state performance assessments carried out by the IVA) analyzing overall program performance, and results monitoring, as well as identifying Program-related gaps and how TA can address them; 4) ensuring compliance with the ESSA requirements, PAP, procurement and fiduciary management guidelines, and other World Bank standards; 5) oversee DLR verification including engagement of a IVA; 6) disburse annual PforR financing to the states on the basis of the APA results from the IVA; 7) provide accounting and reporting for the Program; 8) act as the interface with the Bank’s supervision and implementation support team; and 9) act as the secretariat for the Central Steering Committee. Its work will be guided by the POM. The FPIU’s capacity to carry out its responsibilities will be strengthened through the TA component, which may involve the hiring of required specialists or consulting firms. 1.4 Program Boundaries and Activities 37. The PforR will support the implementation of a subset of actions set out in the AP within a limited number of states. Participating states in the Program have been selected in a transparent process through the use of pre-determined criteria. The actions to be supported under the Program are limited based upon restrictions associated with the PforR instrument. The PforR has two result areas as follows: 38. Results Area 1: Strengthened Sector Policies and Institutions for Improved Services (US$40 million IDA): The RA will support activities designed to enact necessary policy reforms and enhance the capacity of institutions required for effective and sustainable 21 service delivery, including the FMWR, state and local governments, service providers, technical assistance providers, and community-based organizations. The RA will involve two DLIs, namely, DL1- Design of National WASH Fund to Enable its Establishment (US$5 million IDA) and DLI2- Design and implementation of a State PIR Plan and achievement of required reforms. (US$35 million IDA). 39. Design of National WASH Fund to Enable its Establishment (US$5 million IDA). Support to the FMWR under this RA specifically incentivizes the design of the National WASH Fund, which the NAP identifies as the key intergovernmental mechanism “to promote a renewed Federal-State partnership towards the credible pursuit of the SDGs� by improving efficiency in public spending and service delivery. As such, the Fund would facilitate acceleration in the delivery of sustainable and climate-resilient WASH investment projects in Program participating States that are equitable, effective, efficient and economical in the use of investment, energy, and water resources. 40. State Policies and Institutions Strengthening (US$35 million IDA). Support to state- and local-level sector policies and institutions will be accomplished through a set of incentives designed to strengthen the PIR enabling environment. This will ultimately result in the improved sustainability and efficiency of and increased access to WASH services therefore protecting poor and vulnerable people, improving livelihoods and job creation, and building resilience to Nigeria’s climate risks to rebuild better. To account for the heterogeneity in institutional arrangements at state level, each state will be supported in developing and approving their own PIR plan that outlining a series of annual targets towards the establishment and effective operationalization of state- and local-level sector institutions, as well as an appropriate E&S screening and assessment mechanism. State progress in implementing their PIR plan will be assessed on an annual basis through an annual performance assessment (APA). 41. Results Area 2: Improved Access to Water Supply, Sanitation and Hygiene Services (US$600 million IDA): This RA will support an integrated package of investments to expand the access to and increase the use of WASH services in urban and rural areas and small towns protecting poor and vulnerable people and supporting livelihoods and job creation. The Program embraces an LGA-wide approach to WASH, whereby participating LGAs will be supported to address critical gaps simultaneously in water supply, sanitation, and hygiene, and within communities, public institutions and public places. It includes the development of priority infrastructure to improve water supply service delivery, supports the implementation of the Clean Nigeria: Use the Toilet Campaign to improve sanitation and hygiene practices, and the development of WASH infrastructure in institutions (schools and healthcare facilities) and public places (markets, motor parks, etc.). In addition, RA2 supports relevant state implementing agencies in preparing Performance Improvement Action Plans (PIAPs) to incentivize and track their own improvements against a number of key performance metrics. The Program also supports the development of local entrepreneurs, artisans, technicians, and suppliers of spare parts for infrastructure and WASH materials prioritizing the participation of women. The details are as follows: 22 42. Urban Water Supply: The Program will support infrastructure development to expand access to water supply in urban areas. In recognition of the underutilization of existing water networks nationwide, the program will place special emphasis on rehabilitation activities and small scale works that improve the optimization of existing infrastructure. Specific activities will vary based upon state needs, but may include inter alia: (a) expansion of access to improved water supply through installation of metered household connections, public stand posts and water kiosks; (b) rehabilitation of water supply infrastructure to boost production, including the rehabilitation of production facilities and pump and treatment plant components replacement; (c) improvement of power supply to production facilities, prioritizing the use of renewable energies and improvements in energy efficiency; (d) rehabilitation of distribution networks, including leak detection and repairs; (e) the installation of bulk, zonal, commercial, and domestic meters; (f) rehabilitation and furnishing of customer service centers, central stores, and electrical and mechanical workshops; (g) expansion of water quality testing capacity through the renovation and construction of laboratories; (h) development of water master plans; and (i) development of feasibility studies for selected urban centers. 43. Rural and Small-Town Water Supply: The Program will support infrastructure development to increase sustainable access to improved water supply through the development of new and the rehabilitation of existing water points and schemes, prioritizing the use of solar energy, in adherence with the standards elaborated in the POM. RA 2 will also support the continued functionality of supported water points and schemes by promoting effective infrastructure operations, management, and maintenance by service providers and ongoing technical and financial support by relevant sector institutions. 44. Sanitation and Hygiene: RA 2 also supports the development and use of sanitation and hygiene services in urban and rural areas and small towns through the Clean Nigeria: Use the Toilet Campaign by means of: a. a set of household-level sanitation and hygiene activities tailored to the local context, including (1) gender-sensitive community-driven total sanitation facilitation; (2) sanitation marketing; (3) hygiene and safe water handling, storage and treatment promotion; and (3) child-focused social and behavior change communication (SBCC) aiming to improve hygiene practices and promote the construction and use of latrines; b. provision of incentives to help the poorest households, with special provisions for households with persons with limited mobility, access improved sanitation; and c. Information, Education and Communication (IEC) activities to promote the development of local actors such as artisans and small businesses to participate in the delivery of sanitation products and services across the entire sanitation service chain. 45. The Program will finance the construction of fecal sludge treatment plants subject to the additional screening mechanism for acceptability described in paragraph 50 below to support the safe management of excreta in urban areas when appropriate and in accordance with recommendations from environmental and social risk and capacity assessments. 23 46. WASH in Institutions and Public Spaces: Finally, RA 2 will support the construction and rehabilitation of water supply and sanitation facilities and handwashing stations in institutions (schools and HCF in accordance with relevant Federal Ministry of Education [FMEdu] and FMH guidelines) and public spaces (markets, motor parks, etc.) with a focus on child and women safety and comfort and adequate provisions for menstrual hygiene management (MHM). 47. Result Area 2 covers the following 5 DLIs: DLI 3. People with basic drinking water service under the Program. Sub-DLI 3.1: Performance improvement of state water supply implementing agencies. DLI 4. People with access to a sustainably functioning water service. DLI 5. Households with improved sanitation facilities constructed or rehabilitated under the Program. Sub-DLI 5.1: Performance improvement of state sanitation implementing agencies. DLI 6. Communities having achieved community-wide sanitation status (ODF+) or number of ODF+ communities having maintained their status. DLI 7. Schools and healthcare facilities with functional, improved water supply, sanitation and handwashing facilities constructed or rehabilitated under the Program. 1.5 Excluded Activities 48. The Program will exclude activities that do not meet the World Bank’s Policy on eligibility for PforR financing (September 2020). The Client shall ensure that the Program excludes any activity which, in the opinion of the World Bank, are likely to have significant adverse impacts that are sensitive, diverse or unprecedented on the environment and/or requires significant land acquisition, displacement and or resettlement of affected people. 49. Excluded activities include the construction or rehabilitation of wastewater treatment plants, the desilting of surface waters, and large-scale water (surface and groundwater) resource infrastructure, including large dams or activities involving the allocation or conveyance of water, such as inter-basin water transfers or activities resulting in significant changes to water quality or availability. 50. Furthermore, other proposed activities with an uncertain level of risk could be subject to additional screening mechanism for acceptability. Such activities include, but are not limited to, the construction or rehabilitation of water treatment plant and fecal sludge treatment facilities; and the large-scale construction of water supply mains. Large scale land acquisition for any Program activity is also deemed high risk which cannot be funded under the PforR. Any Program activity that entails large scale resettlement or livelihood displacement of more than 100 Project Affected Persons (PAPs) will not be funded by the PforR. For any resettlement below 100 PAPs, the implementing agencies will prepare Resettlement Action Plans (RAPs).An exclusion list of high-risk E&S activities will be prepared which will specify activities/ impacts that will not be eligible for funding under the PforR as per the policies of the Bank. The exclusion list is presented in Annex 7. 24 1.6 Scope of the Environmental and Social Management System Assessment (ESSA) 51. The ESSA for the program examines the extent to which the Federal and State Government’s existing environmental and social management systems: operates within, an adequate legal and regulatory framework to guide environmental and social impact assessments, mitigation, management and monitoring at the PforR Program level; It evaluates how the system incorporates recognized elements of good practice in environmental and social assessment and management, via due diligence including: (i) early screening of potential impacts; (ii) the consideration of strategic, technical, and site alternatives (including the “no action� alternative); (iii) explicit assessment of potential induced, cumulative, and transboundary impacts; (iv) the identification of measures to mitigate adverse environmental or social risks and impacts that cannot be otherwise avoided or minimized; (v) clear articulation of institutional responsibilities and resources to support implementation of plans; and (vi) responsiveness and accountability through stakeholder consultation, timely dissemination of the PforR Program information, and responsive grievance redress mechanisms; among others. Based on these findings the ESSA thereafter defines measures to strengthen the system and recommend measures that will be integrated into the overall Program. The ESSA is undertaken to ensure consistency with six core principles as defined by the World Bank’s policies for PforRs and key planning elements defined for conducting ESSAs for such financing instruments. 52. This ESSA has been prepared for the SURWASH Program to ensure consistency with the “core principles� outlined in the World Bank’s policy for the PforR instrument to effectively manage the Program’s risks and impacts while promoting sustainable development. These six core principles are: 1) Environment: To promote environmental and social sustainability in the Program design; avoid, minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts. 2) Natural Habitats and Cultural Resources: To avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. 3) Public and Worker Safety: To protect public and worker safety against the potential risks associated with: (a) construction and/or operations of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. 4) Land Acquisition: To manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards. 5) Vulnerable Groups: To give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups. 6) Social Conflict: To avoid exacerbating social conflict, especially in fragile states, post- conflict areas, or areas subject to territorial disputes. 25 53. In line with the six core principles above, the relevant risks associated with the SURWASH Program and within the proposed Result Areas (RAs) under the PforR covers environmental and social issues and include: a. Generation and need for disposal and management of excavated material and other construction waste generated from construction/rehabilitation activities during the construction phase; b. Occupational health and safety of workers both during the construction and operational phases; c. Occupational Health and Safety (OHS) issues both COVID-19 and non-COVID-19 d. increased level of dust, noise and vibration from moving of construction vehicles and machinery; e. Community health and safety risk, including nuances during the construction period and impacts that can come about due to unsound operation of WASH facilities; f. Pollution of surface and groundwater sources due to mismanagement of WASH facilities during operational phase; g. Generation of wastewater and fecal sludge from sanitation facilities and treatment processes; h. Risk of exclusion of vulnerable and marginalized individuals / groups/disability exclusion, elite capture, SEA/SH, Capacity to capture beneficiaries etc.; i. Possibility of gender-based violence (GBV) and intimate partner violence (IPV) as programs that provide cash transfer and other social support can, in some circumstances, be associated with increases in GBV and IPV; j. Risk of spread of sexually transmitted diseases (like HIV/AIDs) and unwanted pregnancies due to influx of contractors; k. Safety risks if the sanitation facilities and water infrastructure are located in poorly lit places or at long distances away from habitations; and l. Social conflicts in some Tier 1 states which may hinder implementation of the SURWASH program. 54. The details of applicability of Core Environmental and Social Principles (CP) to Nigeria SURWASH Disbursement Linked Indicators (DLIs) is presented in Annex 1. 1.7 Objectives of this ESSA 55. The specific objectives of this ESSA are to: ▪ Identify the potential environmental and social impacts/risks applicable to the Program’s interventions; ▪ Review all relevant Nigerian policy and the legal framework of the Government of Nigeria (GoN) and relevant State Governments related to management of environmental and social impacts of the Program’s interventions; ▪ Review the environmental and social due diligence and management procedures and institutional responsibilities that are being used by the GoN for the SURWASH program 26 ▪ Assess institutional capacity within the institutions of the WASH sector and Environmental and Social management within the public sector operating systems of the GoN put in place for environmental and social impact management within the Program system; ▪ Assess the Program’s system performance with respect to the core principles of the Program-for-Results (PforR) instrument as well as to identify gaps in the Program’s performance. ▪ Recommended actions to fill gaps identified that will be embedded into the Program Action Plan (PAP) to strengthen the Program’s performance with respect to the core principles on Environment and Social of the PforR instrument to ensure sustainable implementation via good due diligence. 56. The environmental and social risks have been assessed and deemed to be Substantial. Specific environmental risks were assessed as substantial because the program involves the construction and rehabilitation due to the geographically dispersed nature of supported of WASH infrastructure across seven Tier 1 states. If the processes of management of environmental and social impacts pertaining to design, siting civil works and operations are not stringently managed and monitored throughout the process of implementation this may lead to significant impacts on the ground. While potential impacts could lead to adverse E&S consequences although less severe and diverse and reversible with appropriate mitigation measures, gaps in the CLIENT’S system to screen, address and manage environmental and social risks, elaborated further in this ESSA, indicate that the processes for risk screening need to be augmented and thus the risks associated remain substantial. E & S risks are exacerbated due to poor capacity within the WASH agencies to effectively manage these E&S risks, which is currently assessed as weak, especially at the LGA level. Proposed ESSA recommendations to be implemented by the Borrower will require considerable capacity building which will help reduce the risks over time as the program is implemented. The weaknesses in the CLIENT’S system and possible lack of capacity to address the environmental and social impacts may limit the PforR’s ability to achieve its environmental and social objectives if ESSA recommendations are not duly institutionalized and implemented via the Program. 1.8 Approach of ESSA 57. The ESSA was prepared by Bank team through a combination of detailed reviews of existing program materials and available technical literature, including policies, regulations, guidelines and examples of due diligence and design documents, interviews and extensive consultations with government staff, non-governmental organizations, regulatory agencies, private sector organizations and sector experts associated with the WASH sector. The findings, conclusions and opinions expressed in the ESSA are those of the Bank based on the analysis conducted. 58. An environmental and social risk screening of proposed activities was undertaken at the concept stage. The purpose of the screening was to: • Confirm that there are no activities which meet the defined exclusion criteria included in the PforR in line with the Bank Guidelines for the ESSA; and 27 • Establish the initial scope of the ESSA. This includes identification of relevant systems under the PforR and relevant stakeholders for engagement and consultations. 59. The ESSA process was informed by the Bank Guidance on PforR Environmental and Social System Assessment (September 2020). The guidance sets out core principles (See Section I.5) and planning elements used to ensure that PforR operations are designed and implemented in a manner that maximizes potential environmental and social benefits while avoiding, minimizing or mitigating environmental and social harm. 60. Following the initial screening, the system review was conducted using a two-step approach: ▪ Identification of relevant systems that are pertinent to the ESSA was addressed in Section IV which presents an overview of relevant government environmental and social management systems; and ▪ Assessment of CLIENT’S environmental and social management systems for consistency with the applicable Core Principles including capacity and enforcement of certain environmental and social measures, was addressed in Section V while environmental and social recommendations was addressed in Section VI. 28 SECTION II: STAKEHOLDER CONSULTATION 61. This section provides a summary of the stakeholder consultation activities undertaken for the ESSA as well as future engagement activities for ESSA disclosure. 62. The ESSA process included extensive stakeholder consultations and disclosure of the ESSA Report, in accordance with the World Bank Policy and Directive for Program for- Results Financing and Access to Information Policy. At present, the ESSA consultation process is embedded in the Program consultation process. Feedback from stakeholders have been instrumental in designing and revising the Program Action Plan, indicators, and program operations manuals and appraisal documents via providing data and details on the existing situation, management status and priorities for the WASH sector in the various project States 63. Initial consultations held with the government and with a large group of stakeholders over a period led to the formulation of SURWASH Program. The outcomes of those consultations are embedded in this Program and influenced its design. Different stakeholders were consulted across the three tiers of government. Those consulted at the Federal level included: ▪ Federal Ministry of Water Resources (FMWR) ▪ FPIU, SURWASH Program ▪ FPIU NUWSRP3 ▪ National Task Group on Sanitation (NTGS), ▪ Clean Nigeria Campaign Secretariat ▪ Partnership for Expanded Water Supply, Sanitation and Hygiene (PEWASH) ▪ Nigeria Water Resources Institute (NWRI) ▪ National Water Resources Council ▪ Federal Ministry of Environment (FMEnv)  Environmental Health & Sanitation Division Those consulted at the state level (Kaduna, Ekiti, Gombe, Delta, Plateau, Imo and Katsina) ▪ State Commissioners of Water Resources ▪ Permanent Secretaries of relevant ministries, ▪ State Ministry of Water Resources (SMWR) ▪ State Water Boards and Corporations (SWB/SWC) ▪ State Project Implementation Units (SPIU) ▪ PEWASH teams ▪ State Ministry of Environment ▪ State Ministry of Gender Affairs and Social Development ▪ State Ministry of Labor ▪ State Ministry of Education (FME) to support institutional WASH ▪ State Ministry of Health to support institutional WASH ▪ State Ministry of Works & Housing 29 Those consulted at the Local Government level included: ▪ Rural Water Supply and Sanitation Agencies (RUWASSAs) and Small Towns Water Supply and Sanitation Agencies (STWSSAs) ▪ LGA WASH Departments/Units ▪ community-level WASH committees (WASHCOMs)/ Water Consumer Associations (WCAs) or other community water providers ▪ CSO/NGOs/CBOs (Federal/State/Local level) Some consultations were also carried out prior to the development of the ESSA. In all consultations, complete adherence to GoN, tier one states’ COVID-19 and the World Bank’s guideline on consultation during the pandemic were followed under the context of the Pandemic and the need for remote communication. World Bank specialists undertook a series of meetings and consultations with different stakeholders, including federal, state and local government agencies, NGOs. 64. The consultations were virtual via Cisco Webex meetings. Consultations were held for States SURWARSH team from the tier one states, namely Delta, Ekiti, Gombe, Imo, Kaduna, Katsina, Plateau, and the Federal team. The teams comprised top government officials responsible for the environmental and social management and WASH sector in the States including Commissioners of Water Resources, Permanent Secretaries of relevant ministries, etc. The environmental and social issues, the questionnaire and discussion points used for the consultation (see Annex 3) were sent to participants prior to the meetings. The list of participants is presented in Annex 4. The schedule of the consultations with the respective States and the Federal team is shown in Table 2.1. Table 2.1: Schedule of consultation with the States and the Federal Teams Date Nigeria Time State Tuesday Dec 8, 2020 10.00am- 12.30pm Kaduna 1.00 -3.30pm Imo 4.00 -6.30pm Plateau Wednesday Dec 9, 2020 1.00 -3.30pm Katsina 1.00 -3.30pm Delta Thursday Dec 10, 2020 10.00am- 12.30pm Ekiti 1.00-3.30pm Federal Monday Dec 14, 2020 9.00-11.30 am Gombe 65. During the consultation, the detail of the PforR program was presented to the participants after which some questions were raised which each of the State representatives were given time to respond. The states were thereafter requested to respond to the questions in writing and forward to the World Bank team with supplementary documentation also attached to support the responses provided. Following the consultation plan, the States were also requested to submit additional documents relating to their environmental and social systems and institutional frameworks. Some states were thereafter contacted for further information on specific issues where clarification and further elaboration was required to complete the findings. Summaries of the key questions/discussion points and responses from the 30 stakeholders are presented in Table 2.2, 2.3 and 2.4 for Result Area 1 and 2 respectively. The full detail of the questions/discussion points and their responses per State is presented in Annex 3. The outcomes of the consultations have been incorporated into the ESSA and the proposed Program Action Plan. Table 2.2: Result Area 1 Key questions and discussion points and responses from the representatives from States Result Areas Key Questions Responses RA 1: What specific laws, regulations, procedures, Most of the States indicated that they have Strengthened legislation or other mandatory legal environmental laws but apply the National EIA sector policies instruments through which to ensure that the Act. No. 86, 1992 as the overarching and technical capacity for assessing and managing instrument for Environmental Assessment and institutional E&S risks, preparing or reviewing ESIAs, due diligence on E&S. Kaduna State has the capacity for supervising environmental management on Kaduna Environmental Protection Authority improved construction sites and WASH (KEPA) and competent staff in the services assets/supervising OHS aspects. headquarters and zonal offices responsible for ESIA. In addition, the states of Delta, Gombe, Ekiti, Katsina and Plateau also have designated agencies focusing on Environmental Management defined by a state specific EPA law. Do you have an environmental law and All the States have environmental law and regulation in your state? agencies. While applying the EIA Act. No.86 1992 all states have domesticated EPA laws establishing the state environmental protection agencies and their mandates. Does the law and regulations in your state Plateau, Katsina, Kaduna, Imo, Ekiti, Delta and contain environmental assessment Gombe refer to the processes in the National requirements for projects and procedures for EIA regulations. carrying it out? Do you have an EIA process in your state or Ekiti, Gombe, Imo, Plateau and Katsina follow follow that of the EIA Act of the Federal the Federal Government EIA Process. Kaduna Government? has an EIA process in the State although the Federal is responsible for transboundary projects. Delta indicated that they have an EIA process. Are EIA certificates given at the completion Imo, Plateau and Katsina State depends on the of ESIAs for proposed activities? FMEnv to facilitate the EIA/ESIA process. Kaduna and Delta issue EIA certificates. Do you have labor laws in your state? If yes, The States rely on the Federal Labor Law. Ekiti does it cover the issues of child labor Child Right Law is domiciled in the Ministry especially for the water sector? Do you have of Women Affairs. Delta has no experience any past experiences with child labor issues? with child labor issues. Do you have OHS standards for WASH The Kaduna EPA (KEPA) indicated that OHS related infrastructure/services and contractors is mandated within the Ministry of Health. Imo operating in your state? If yes, what are the includes OHS as part of contract documents for means of enforcement? civil works. Ekiti has Standard Operating Principals (SOPs) that was developed via the 31 Result Areas Key Questions Responses support of UNICEF. Delta indicated that OHS is imbedded in the WASH policy. The state of Gombe adopts the Federal procedure for OHS. Plateau State has domiciled an Occupational and Health Safety Policy in Building Construction Projects. None for Katsina. Do you have Waste management laws and All participating States have waste procedures? How is solid waste management management laws. Kaduna registered 5 handled in your state with regards to civil dumpsites for construction debris and waste. works activities in the water sector. All states have sites for waste disposal that have been identified and designated by the respective state EPA. However, the State of Ekiti has no fecal waste disposal sites within its state boundaries and partake in the transboundary transport of waste, including from WASH facilities to designated sites in Ondo State as per formal state to state agreements. Do you have the appropriate staff strength and Adequate and appropriate staff, who are qualifications of staffing assigned for technically trained and experienced in environmental and social management? conducting E&S due diligence and monitoring, are not available in the states of Ekiti, Imo, Plateau and Katsina. Kaduna has adequate staff (KEPA has 7 staff in EIA unit, 10 staff in each of the 3 zonal offices). Delta and Gombe indicated that they have staff however of minimal numbers All states have indicated the need to increase the manpower in terms of staff strength that focus on E&S. What are the processes for Information In all States, all reports pertaining to the Dissemination, Public Disclosure, and WASH sector and subsequent E and S Communication assessments, are advertised on print and electronic media and displayed publicly for 21 working days at State and LGA levels. The states also use social media to conduct communication and information dissemination among stakeholders, via tools such as WhatsApp and designated Facebook pages. Are there non-state actors such as NGOs that Non-State actors are present and active in the play important roles in the WASH sector in WASH sector in the states of for Delta, Ekiti, your state? Gombe, Imo, Plateau, Katsina, Kaduna. Do you have requisite skill sets to collect and Skills for data collection on key E and S areas process WASH data related to environmental are not undertaken in Plateau and Katsina. and social issues? Kaduna has small laboratories and a Central Do you collect data related to project siting laboratory for water quality analysis. The and convenience for women, the physically KEPA has public complaints unit. Imo challenged and the vulnerable? representatives indicated that they have a Do you collect data on gender issues, laboratory for testing water quality, and they harassment and exclusions? collect data. Ekiti indicated that they collect 32 Result Areas Key Questions Responses Do you collect data related to project relevant data with Staff trained under grievances? WSSSRPIII and NUWSRP-3. Delta and How do you escalate project related Gombe indicated that they have requisite skills grievances and manage feedback system with and that they undertake data collection along stakeholders? the inquired areas. What mechanisms do you have in place to For the states of Gombe, Imo, Plateau and measure the E&S parameters in existing Katsina indicated that they currently have no WASH institutional policies? mechanism in place to measure the E&S parameters pertaining to the WASH sector. Kaduna indicated that mechanisms are embedded in the applicable laws and policies. Ekiti indicated that they have mechanisms which were part of the urban water sector reform project. Delta has mechanisms implemented through stakeholder forum. What E&S monitoring systems exist to ensure For the states of Imo, Plateau and Katsina, they inclusiveness and adherence to standards in do not have any existing streamlined process health and sanitation services? for monitoring the implementation of E&S processes. Kaduna indicated that post EIA monitoring is undertaken. Ekiti indicated that they have an M&E framework for WASH. Delta indicated the presence of a State Regulatory Unit that undertakes monitoring activities. ▪ Do you collect WASH utility A majority of the States do not collect data implementation data in any part of the although Ekiti and Delta indicated that they do. state? Gombe indicated that they collect WASH ▪ How do you collect, collate and further utility implementation data in any part of the process and warehouse the data? state. ▪ On what platform is this data processed and stored? ▪ Where this data relates to people, are they analyzed demographically to reflect gender, age, location and category of issues? ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, gender issues, etc.? ▪ Do you have a database of urban water Most States do not have data bases to utilities that monitors performance? consolidate and store collected data although ▪ What are the KPIs or issues tracked that Ekiti and Delta indicated that they have a informs performance or otherwise of data base where data is compiled. water utilities? 33 Table 2.3: Result Area 2A Key questions and discussion points and responses from the representatives from States Result Areas Key Questions Responses RA 2A: Do you have a Grievance Redress Mechanism for Plateau State has a public service grievance Improved all stakeholders? procedure where public complaints are access to How are public complaints channeled and what channeled through a customer care office and water supply is the process for handling & resolving via a customer consultative forum. Kaduna, complaints? Ekiti and Delta have a GRM in place at state level. Representatives from IMO indicated that they carry out GRM through a customer care unit. There is no specialized GRM in Gombe and Katsina, according to the state representatives, although customer relations teams register complaints with regard to WASH services. Do you have a system that effectively manages In Kaduna, relevant officials guided by the the E&S performance of contractors, including public procurement Act oversee these aspects contractor selection, routine supervision, quality in contracts. Imo, Ekiti and Delta also have a control and corrective actions? system of tracing E&S performance in contracts. In Gombe, the due process office is responsible for tracking contract management however they do not deal with E&S and therefore do not investigate the relevant aspects it in particular The Plateau State procurement process is based on the state procurement rules and includes aspects on Environmental areas however social is not adequately covered. What E&S quality assurance and control systems Plateau indicated that they hold quarterly exists and how does this work? sector coordination meetings at state level. In Kaduna, K-MAP tracks the progress of projects and ensure compliance with quality, while the project implementation and Result Delivery (PIRD) office monitors all infrastructural projects and ensure compliance with quality and standards. In Imo, this is done via monitoring through the Ministry of Environment and Imo State Environmental Protection Agency (ISEPA). Ekiti indicated that they inspect and report on project stages. Delta indicated that various department supervise and monitor. Both Katsina and Gombe do not partake in an E&S quality assurance mechanism. For Gombe in particular it was shared that there is no institutional mandate in sate urban water board to manage E&S concerns. 34 Result Areas Key Questions Responses What is the organizational policy, structure, In Kaduna, the State WASH Steering procedure, and culture to carry out stakeholder committee coordinates the WASH sector while engagement and publicly disclose appropriate Kaduna State Water Services Regulatory information? Commission interfaces between service provides and stakeholders. In Imo, ISEPA, Ministry of Environment and Communities through Newspapers and Radio. Ekiti did not provide a clear practice. Delta indicated that it is through WASH media forum and CSO platform. For the states of Gombe, Plateau and Katsina there are no structures set up for meaningful stakeholder engagement. Are the appropriate E&S staff domiciled in your Domiciled staff were reported within organization? And what are their technical skills? environmental agencies for Delta but not for the states of Plateau, Katsina, Kaduna, Imo, Ekiti and Gombe WASH agencies. Do you have the capacity to conduct For the states of Plateau, Katsina, Imo and environmental and social assessment of proposed Gombe, indicated that capacity was low and projects such as: preparation of TORs for E&S inadequate for Kaduna with need to further Assessments, institutional responsibilities for increase the E&S capacity. In Ekiti, Delta there mitigation and monitoring measures; was capacity noted and in Gombe, they rely on organizational, financial and human resource sister agencies that are not from the WASH arrangements for implementing every mitigation sector to conduct these activities. and monitoring measures? Do you have a system that effectively manages In Plateau, technical departments within the the E&S performance of contractors, including Ministry of Water Resources do have a system contractor selection, routine supervision, qualityin place to manage the contracting process and control and corrective actions? E&S elements within their purview. In Kaduna, as representatives indicated, the operationalized harmonized procurement guidelines govern contractor’s selection, quality control and corrective action while the project monitoring systems are used to track progress of works and supervise contractors. No special mechanisms are present for the WASH sector in Imo State. Ekiti and Delta have mechanisms to look into contractor selection. In Gombe, this is done by the procurement team. None for Katsina, Capacity to set up a Grievance Redress Capacity to set up a Grievance Redress Mechanism to receive and facilitate resolution of Mechanism are present in Plateau, Delta and project-related concerns and grievances Ekiti None in Katsina, some mechanisms are present in Kaduna although there is a need for technical support and capacity building. Imo representatives also indicated that capacity is available. Gombe rely on public complaints office as there is no procedure in place. 35 Result Areas Key Questions Responses Do you have environment, health and safety Although Health and Safety manuals are guidelines for urban water supply in the state? available however, in the state of Plateau or Kaduna they have an environment, health and safety guideline in the water and sanitation policy of the state. Imo representatives indicated that they also have guidelines they use. Ekiti State indicated that they apply Federal guidelines. Delta also has guidelines that are used but the state of Katsina has no guidelines currently being utilized for health and safety management in the urban WASH sector projects be it for civil works or operations. Do you have regulations or guidelines on water All Program participating States relies on the quality/effluent management? standard of the National Environmental Agency, the World Health Organization (WHO) and Standard Organization of Nigeria (SON), Nigerian Standard for Drinking Water Quality, Nigerian guidelines for rural drinking water quality monitoring and surveillance (2017). Kaduna adopts the National Drinking Water Standard, Imo and Ekiti adopts National Guidelines as well. Delta has guidelines they use as well. Gombe State indicated that all construction is done in line with standard specifications to ensure management no standards are adhered to for discharge and quality. How do you manage on-site and post-project In the state of Plateau, the Assessment and runoff of polluted water, controlling sources of Pollution Control Departments conduct test on pollutants, and treating contaminated water effluent before discharges. No analysis of before discharge into drainage systems or effluent and run off is conducted in Katsina, receiving waters? and Kaduna. Imo indicated that routine sampling and testing is conducted by the WASH agencies. Ekiti treats and discharge wastewater into drainage systems with some routine monitoring. Delta representatives indicated that it is through a quality control department within Ministry of Water Resources that they undertake this task. Gombe indicated that they carry out management via customers who have catered to the service, for instance industries. What are the systems in place to identify and In Katsina, Kaduna and Imo E&S risks manage the environmental and social risks associated with WASH infrastructure set up associated with the construction and are managed by School Based Management rehabilitation of water services for healthcare Committee (SBMC), Water, Sanitation and facilities and schools? Hygiene Committees (WASHCOM). In Ekiti, they apply SEPA and housing/urban 36 Result Areas Key Questions Responses development laws. Delta indicated that it is the State’s WASH policy. Gombe has a WASH in School for safety in school and other public spaces policy that looks at the process. In Plateau State, the Plateau Environmental Protection and Sanitation Agency (PEPSA) and MDAs on Health and Education synergize to monitor contractor activities. What are the systems in place to manage the In Katsina, policies include the School environmental and social risks associated with National Environmental Safety Policy; in the operation and maintenance of water services Kaduna, the Kaduna state Environmental in schools and healthcare facilities? Sanitation Law addresses public and worker safety in all infrastructural project including WASH facilities. In Imo, it is carried out under the Ministry of Public Safety. Ekiti adopts national policies. The Delta State also has policies and guidelines addressing public and worker safety and school health. Plateau and Gombe also adopts national EA policies Do you have policies and guidelines addressing In Katsina, policies include the School public and worker safety and school health, National Environmental Safety Policy; in including for school infrastructure? Kaduna, the Kaduna state Environmental Sanitation Law addresses public and worker safety in all infrastructural project including WASH facilities. In Imo, it is carried out under the Ministry of Public Safety. Ekiti adopts national policies. The Delta State also has policies and guidelines addressing public and worker safety and school health. Plateau and Gombe also adopts national EA policies. Do you have Waste management laws and Plateau has a specific waste management law. procedures? How is solid waste management The project proponent prepares a waste handled in your state with regards to civil works management plan that must conform to these activities in the health and education sector State Laws. In Katsina solid waste is handled based on the State’s environmental law. Kaduna, Ekiti and Imo has waste management laws as well. Delta has waste management laws while waste management is through private sector participation. Gombe adopts national EA policies UBEC/SUBEBs has put in place the Minimum In Katsina, they use harmonized drawing and Standards for Infrastructure Development technical specification that is gender sensitive. including gender-sensitive toilets. What are the In Kaduna, the Kaduna State Infrastructure regulatory mechanisms on synergy? Development Council provides a synergistic platform for infrastructural projects. In Imo, operated under the Ministry of Education minimum standards are followed. In Ekiti, WASH and the Project Implementation Unit Regulatory unit. Yes, for Delta, collaboration 37 Result Areas Key Questions Responses between Ministry of Water, Works and Housing. No response from Gombe. None in Plateau. What are the state policies on gender, disability Plateau has a Gender Equal Opportunity Law, and gender-based violence in the state and plans a Violence Against Person’s Prohibition Bill. in addressing them? In Kaduna there is Kaduna State Disability Law and Kaduna State Amended Penal Code on Matters related Gender Based Violence (GBV). Imo State representatives indicated that the State has a Gender and Disability Policy. Ekiti applies the State GBV law. Delta adopts Federal gender policy. No response from Gombe. Katsina has no relevant legal provisions in place. Do you have E&S policies/regulations/action None in Plateau, Katsina, and Kaduna. Imo and plans with respect to installing water facilities/ Ekiti indicated that they have E&S services in the health and education sector in policies/regulations/action plans with respect your state to installing water facilities/ services in the health and education sector. In Delta it is conducted through a PEWASH investment plan. No response from Gombe. What are the procedures to ensure that the safety Katsina representative talked about the use of a of workers is guaranteed? Workers Compensation Act. Kaduna representatives indicated that Standard OHS protocol and operating procedures for construction works is applicable to all WASH projects as well. In Imo State, it is embedded in contracts, also signs and announcement are common in strategic places and PPEs are provided. Ekiti representatives indicated that they manage the safety of workers by preparation and application of E&S suitable instrument for projects. In Delta, these aspects are managed via community engagement and sensitization. In Gombe, PPE maintained and in use as based on OHS policy. In Plateau State there is a public service grievance procedure under the office of the head of civil service which stipulates the grievance procedures for employees, however, these are not well defined and are not fully functional at the urban water and PRUWASSA level relating to E&S management issues. Do potential Contractors prepare a Contractor’s Most Program participating States adopt the Environmental and Social Management Plan FMEnv policies, however, in some states, (CESMP) before mobilization to Contractors prepare CESMP in Plateau as site/commencement of civil works? routine process for WASH projects as 38 Result Areas Key Questions Responses indicated, the Kaduna, agency responsible for a particular WASH project prepares ESMPs. Ekiti and Imo and Delta States representatives indicated that they too have contractors prepare CESMP. Are Environmental and Social Management This is not done in Gombe, Plateau, Katsina mitigation measures/clauses captured in bidding but contractors’ specification has E&S aspects. documents/contracts? In Kaduna, Imo, Ekiti and Delta E&S measures were said to be mitigation measures/clauses captured in bidding documents/contracts by the representatives What is the mechanism in place to identify Plateau indicated that suitable land for WASH suitable land for the establishment of WASH projects is selected via geophysical and facilities? hydrological surveys. In Katsina, through needs assessment and request from communities. In Kaduna, community engagement, geographical/geophysical survey, EIA etc. Ekiti State representatives indicated that it is done through community and stakeholder engagement while compensation is paid based on open market value. In Delta, through community engagement. How do you track the functionality of the Katsina does this via Water, Sanitation and different E&S systems In WASH project? Hygiene Information System (WASHIMS) as shared during the consultations. In Kaduna, through activities of WASHCOMs and WASHIMS and K-MAP real-time data tracking. In Imo, periodic monitoring by Ministries and Agencies. In Ekiti, through WASH coordination and change management meeting. In Delta, through monitoring and evaluation. Representatives in Gombe, indicated that the State monitors the process using checklists. Plateau currently does not track the functionality of E&S systems in WASH projects. Are drainage management systems built into the Drainage management systems are built into design of water facilities? the design of water facilities in Plateau, Katsina, Kaduna, Imo, Ekiti, Delta and Gombe. 39 Table 2.4: Result Area 2B Key questions and discussion points and responses from the representatives from States Result Areas Key Questions Responses RA 2B: • What were the safety considerations for In Plateau, safety consideration is made based on Improved the location of sanitation and hygiene distance of facility to water sources. Issues of access to facilities? child labor have been recorded. They have sanitation and • Are there issues of child abuse or GBVH conducted adequate consultation with hygiene associated with influx in any of the stakeholders. In plateau, they ensure evacuation, communities where sanitation and transportation and proper disposal of human waste hygiene facilities have been provided? as they have designated dumps for solid waste, • Was there adequate consultation of sludge and waste from soakage pits. Community stakeholders in the provision of sanitation institutions (WASHCOMs, WCAs) facilitate the and hygiene facilities? sustainable management of rural WASH facilities. • What are the systems in place for human In Gombe, they consider source of water, waste waste management? collection and topography. No incidence of child • What capacities exists in communities to labor or GBV or SH were indicated. Gombe did sustainably operate, manage and maintain not indicate the system in place for human waste rural water supply facilities collection. In Katsina, safety considerations are ease of access and privacy. No incidence of GBV, SH and child abuse were reported. The stakeholders were consulted. No system in place for human waste management, however, biodegradation (Anaerobic condition) occurs when the toilet is filled mostly in rural communities where there is abundant land. In Kaduna, they consider distance from water bodies, proximity to the communities and gender and disability friendliness. There has not been any report related GBV and SH and child labor. Adequate Consultation is incorporated in the conception, execution and management of the projects. For management of human waste, Kaduna provides improved toilets for containment of human wastes. They evacuate, bury and compost human waste. In Imo State, they consider the presence of institutions and community leadership. No issues child abuse and GBV and SH. They consult with stakeholders. Human waste handling is by evacuation, transportation and dumping in designated areas. In Ekiti, they consider location, accessibility and environmental condition. No issues of child labor, GBV and SH. Stakeholders and communities are consulted. Human waste is stored in septic tanks 40 Result Areas Key Questions Responses and after 10 years are evacuated to dumping sites in Ondo State as Ekiti State has not dumping site for human waste, but they have designated sites for solid waste management. They currently undertake transboundary transport of waste via a state to state agreement. In Delta, safety considerations are in line with the State WASH policy. There has been issues of child labor, GBV and SH. There was adequate consultation with stakeholders. Human waste management is through private operators in the state. WASHCOMs operate and manage facilities through area mechanics for minor repairs. • What are the systems in place to identify In Gombe, GOSEPA is responsible to identify and and manage the environmental and social manage the E&S risks associated with the risks associated with the construction and construction of WASH facilities in healthcare rehabilitation of sanitation and hygiene facilities and schools. In Katsina, there are School facilities for healthcare facilities and Based Management Committee (SBMC), schools? Volunteer Hygiene Promoters (VHPs), Local Government Water and Sanitation Department (WATSAN) and Local Government Primary Health Care Department. Kaduna has a water safety plan and state-level community engagement and mediation. Imo indicated that they use Environmental assessment and social impact assessment and mitigation plan. In Ekiti, this is done through Scoping and Screening exercises. In Delta, through the State WASH policy. In Plateau State, the Plateau Environmental Protection and Sanitation Agency (PEPSA) and MDAs on Health and Education synergize to monitor contractor activities. • What are the systems in place to manage In Gombe, the GOSEPA is responsible. In Katsina environmental and social risks associated there are Environmental Health Clubs (EHC), with the operation and maintenance of Volunteer Hygiene promoters, Ward Officers and sanitation and hygiene facilities in School Based Management committees. Kaduna schools and healthcare facilities? has a water safety plan and state-level community engagement and mediation is conducted. Imo representatives indicated that it is by monitoring by the relevant Ministries and various agencies. In Ekiti, by preparation and implementation of appropriate environmental and social instruments. In Delta, through the State WASH policy. In Plateau State, the Plateau Environmental Protection and Sanitation Agency (PEPSA) and MDAs on Health and Education synergize to monitor contractor activities. 41 Result Areas Key Questions Responses • Do potential Contractors prepare a Based on information from the representatives, Contractor’s Environmental and Social potential contractors in Delta, Imo, Plateau, Ekiti Management Plan (CESMP) before and Gombe prepare CESMP. They do not prepare mobilization to site/commencement of CESMP in Katsina. In Kaduna, Environmental civil works? and Social Management plan (ESMP) is conducted by the agency responsible for the project prior to mobilization to the site. • Are Environmental and Social Based on information from the representatives, Management mitigation measures/clauses they are captured in Delta, Imo, Plateau, Ekiti (as captured in bidding documents/contracts? in the case of Ekiti water third water project) and Kaduna. Not captured in Gombe and Katsina. • What mechanisms have been put in place In Plateau, there are trainings on Village level to build the capacity of communities/ operation and maintenance (VLOM), and LGAs to maintain water and sanitation Bookkeeping. In Gombe, RUWASSSA do train facilities sustainably? communities. In Katsina, they conduct training of trainers (ToT) of staffs at the LGAs, training of WASCOMs on maintenance of WASH facilities, training of Ward Officers on facilitation skills for achieving sustainability of ODF+ wide Local Government Areas. Imo representatives indicated that they build capacity of communities/LGA through training and workshop. In Ekiti, it is based on Ekiti State Water Law. In Delta State, WASHCOMs, WCAs and WUAs are trained. • How are sludge and solid waste managed In Plateau, they ensure evacuation, transportation across communities? and proper disposal of human waste as they have designated dumps for solid waste, sludge and waste from soakage pits. Gombe has Sanitary landfill handled by the Government. In Katsina, rural community- latrine are covered and left and used to manure; in urban areas no piped sewerage- only septic tanks- gully bowsers and it is dumped in a designated pond until anaerobic conditions are reached and used as manure. In Kaduna, sludge/solid wastes are managed by evacuation, disposal and composting by the state environmental protection agency. In Imo the waste management board is responsible. In Ekiti, only one sludge and septic waste transporter who is from private sector is in the state and sludge are moved out of the state as described earlier via transboundary movement to Ondo States designated dump sites. In Delta, dumpsites are used with indiscriminate disposal. • Do you have a policies, laws and Plateau and Gombe have laws. Katsina has water regulations on water and sanitation in and sanitation policy. Kaduna has Kaduna State your state? Policy on Water Supply and Sanitation, Kaduna State Water Supply and Sanitation Law and Kaduna State Water Services Regulatory Law. In 42 Result Areas Key Questions Responses Imo, there is a WASH Policy and Water Law which also establish a regulator. In Ekiti, they have the Water law/EKSWMA law. Delta has policies, laws and regulation on water and sanitation. • How do households handle fecal waste In Plateau fecal sludge is managed by using disposal safely? private operators in Urban Areas and burying in Rural areas. In Gombe, they use toilets- traditional, VIP etc. In Katsina, rural community- latrine are covered and left and used as manure when deemed safe for use via natural degradation; in urban areas no piped sewerage, only septic tanks, and gully bowsers are used to extrude waste and it is dumped in a designated pond until anaerobic conditions are reached and used as manure. In Kaduna by construction of simple improved latrines and digging and burying of fecal waste. In Imo, it is evacuated and transported to a dumpsite when the soak away is filled; private companies carry out the collection and transportation to the dumping area. In Ekiti, using household basic sanitation facilities and extrusion via gully bowsers and off state disposal. In Delta urban, private fecal waste collectors are used. In Delta rural communities, it is through indiscriminate disposal. Pit latrines are used, and open defecation is the usual practice. • How is Sludge and Solid Waste In Plateau, treatment, containment, evacuation management handled? and transportation and disposal is conducted in designated dump sites designated by the state EPA. In Katsina, rural community latrine are covered and left and used to manure one bio degradation has been completed naturally; in urban areas no piped sewerage is available and only septic tanks and therefore gully bowsers are used for extrusion and transport and waste is dumped in a designated pond until anaerobic conditions are reached and used as manure. In Kaduna, sludge /solid wastes are managed by evacuation, disposal and composting by the state environmental protection agency. In Imo, it is through septic tanks and Soak away pits; evacuation to a dump site; currently there’s no fecal sludge treatment plant in Imo State. In Ekiti extrusion and off state transport for disposal is conducted. In Delta, it is carried out through private operators in the state. In Plateau, policies exist. Katsina has water and sanitation policy. Kaduna has policies on 43 Result Areas Key Questions Responses sludge/solid waste management. Imo State representatives indicated that they have policy on sludge management. Ekiti has a waste management law. Delta has policies on sludge and solid waste management. • Do you have policies on sludge and solid In Plateau, policies exist on sludge and solid waste waste management? management as confirmed during the discussion Katsina has a water and sanitation policy that covers the same. Kaduna has policies on sludge/solid waste management specifically. Imo State representatives indicated that they have a policy on sludge management. Ekiti has a waste management law that covers the same. Delta has policies on sludge and solid waste management as well. • What regulations and guidelines exists to As regulations to manage OHS and other safety manage occupational health and safety risks associated with WASH projects, In Katsina, risks associated with the provision of there is a Law establishing the RUWASSA (Rural water and sanitation services to Water Supply and Sanitation Agency) which communities and how are they managed guides WASHCOMs, SBMC. Kaduna has the Kaduna State Environmental health and safety by service providers? law as well. In Imo State, they employ the Imo State Water & Sewerage Corporation Health & Safety Policy. In Ekiti the measures are as applicable in the water safety plan. In Delta, they apply the water policy and work in synergy with the Ministry of Environment. Plateau State has domiciled an Occupational and Health Safety Policy in Building Construction Projects and not specific to WASH activities. No regulations exist in Gombe and Plateau to manage community health and safety risks. In Katsina, the Law establishing RUWASSA (Rural Water Supply and Sanitation Agency) which guides WASHCOMs, SBMC. Kaduna has the • What regulations and guidelines exists to Kaduna State Environmental health and safety manage community health and safety law look in to the same. In Imo State, they employ risks associated with the provision of Imo State Water & Sewerage Corporation Health water and sanitation services to & Safety Policy. In Ekiti, as applicable in the communities and how are they managed water safety plan covers these areas according to by service providers? the discussion. In Delta, they apply the water policy and work in synergy with the Ministry of Environment. 44 Additional consultations were held with NGOs, CSOs and CBOs from the participating states on March 10, 2021. Table 2.5 below provides a summary of the concerns raised by the stakeholders’ and how the Program addresses them. Table 2.5: Concerns/Observation and the response given to the Stakeholders Stakeholders Views/Concerns How the Program addresses the concerns • Is this program going to be implemented state- • The proposed Program takes a hybrid approach wide? Does this project require counterpart that will involve two financing instruments, contributions/arrangement? namely, Program for Results (PforR) which will support specific projects in the States and Investment Project Financing (IPF) which will support technical assistance at the Federal PIU. Given the PforR financing facility, counterpart funding will not be required. Funds will be disbursed upon the achievement of the Disbursement Linked Indicators (DLI) and after verification by the Independent Verification Agent (IVA). Hopefully, the project will be implemented throughout the State although this depends on the decision of the State Government. • I would like the program to place particular • Given the WASH sector’s bias towards gender, attention on the issues of Sexual assault and the SURWASH project shall be designed to GBV and ensure Sexual and GBV Response is ensure that all forms of gender vulnerabilities are in place and would function effectively during properly assessed and proactively managed the project throughout the program lifespan. Also, since much of the project will be implemented in rural • The project made mention of gender issues, but areas and small towns, where there is weak the project should focus on key activities capacity to monitor gender vulnerabilities, the relating to menstrual hygiene management and program shall ensure that implementing agencies WASH. institutionalize adequate gender screening procedures to identify and proactively manage • How do you intend to use the PAP on girl child potential gender issues across the entire project access to water through gender mainstreaming? lifecycle form project planning and design to implementation and monitoring and evaluation. • There is a need for many policies to be As evident from the ESSA, some states currently developed especially for LGAs such as M&E implementing Bank projects have strong gender Framework, GBV policy policies that do not only emphasize gender inclusion, but also proactively manage sexual exploitation and abuse, gender-based violence and other gender vulnerabilities. This system shall be strengthened across implementing states. • Can critical stakeholder engagement from the • The ESSA process included extensive beginning to the end of the program help in stakeholder consultations and disclosure of the resolving and avoid some social issues in the ESSA Report, in accordance with the World course of the program and I think we can sail Bank Policy and Directive for Program for- through the supposed high-risk projects. Results Financing and Access to Information • Sensitization of all stakeholders is required. Policy. At present, the ESSA consultation 45 • Communities should be carried along right process is embedded in the Program consultation from the implementation stage by utilizing a process. Feedback from stakeholders have been bottom- top approach instrumental in designing and revising the Program Action Plan, indicators, and program operations manuals and appraisal documents via providing data and details on the existing situation, management status and priorities for the WASH sector in the various project States • What would be the role of CSOs in this • CSOs will contribute to the proposed project project? There is a need to carry along the through sensitization, building of community CSOs through the course of the program structures, monitoring, advocacy and campaigns to ensure communities are carried along and own the process/project. • Attention is given for key stakeholder groups such as the NGOs, CBOs and CSOs to be engaged in the ESSA process to obtain their views and suggestions, and subsequently to ask whether the draft ESSA Report responds adequately to their concerns • Based on the need to expand state water • An exclusion list of high-risk E&S activities has service delivery why are water pipelines been prepared which specifies activities/ impacts excluded and a high risk? that will not be eligible for funding under the • The program might want to consider the PforR as per the policies of the Bank. The exclusive list again, on state by state basis exclusion list is presented in Annex 7 of the based on peculiarities. ESSA. • Need for clarity on the exclusion list related to • The PAP will ensure that the program’s land acquisition. While some sections of the participating states will develop a robust ESSA states there will be no land acquisition, Environmental and Social Screening mechanism the exclusion list states not more than 100. A and assessment tool to guide assessing and common framework should be developed. evaluating the risks and potential program impacts on people and environment. The GoN will ensure that the screening mechanism will benefit from the World Bank prior guidance and ToR to ensure that all the potential risks, challenges and recommendations are captured in the assessment and screening tool that will be used for environmental and social management of proposed interventions • For the IPF-Technical Assistance component, land will not be acquired. For the PfoR aspects, the program cannot be fund large scale resettlement or livelihood displacement of more than 100 Project Affected Persons (PAPs). Any resettlement below 100 PAPs, the implementing agencies will prepare Resettlement Action Plans (RAPs). • Based on the inadequate capacity at the state • The FPIU’s key functions are to ensure level, the Federal should provide strong compliance with the ESSA, PAP guidelines and oversight to achieve effective results in the other World Bank standards. Its work will be implementation of ESSA guided by the POM and the screening tool 46 66. Disclosure: The final ESSA report will be publicly disclosed on the World Bank external website and in- country portals and at relevant government Ministries, Departments and Agencies (MDAs) at Federal and State levels prior to appraisal. 47 SECTION III: DESCRIPTION OF EXPECTED PROGRAM ENVIRONMENTAL AND SOCIAL IMPACTS 3.1 Overview of Program Risks and Benefits 67. The Sustainable Urban and Rural Water Supply, Sanitation and Hygiene Program (SURWASH) is a hybrid program to support the Government of Nigeria in the implementation of the National Action Plan for the Revitalization of Nigeria’s Water Supply, Sanitation, and Hygiene (WASH) Sector (the ‘Action Plan’ or AP). Besides the importance of WASH in COVID-19 crisis, this project is prompted by the fact that in 2019, approximately 60 million Nigerians were living without access to basic drinking water services, 80 million without access to improved sanitation facilities and 167 million without access to a basic handwashing facility. 2 Given the fact that access to water supply, sanitation and hygiene (WASH) is an important determinant of human capital outcomes, including early childhood survival, health and educational attainment – all of which in turn affect labor productivity and efficiency, this project will generate a lot of positive outcomes and benefits especially social benefits that will result from expansion and improved management of WASH facilities and other technical support. 68. The PforR component of SURWASH will generate some E&S risks and benefits. The E&S risks of the Program have been assessed and deemed to be substantial. The proposed Program will involve the implementation of small to medium scale civil works in order to establish sound WASH infrastructure in the project areas as well as the design and management of sewage and fecal sludge which can pose environmental risks that if not managed via a sound due diligence system can pose significant risks. These projects will also be sporadically spread across seven states. Potential associated physical interventions will include activities such as the drilling of boreholes, construction and rehabilitation of water points and water schemes, construction and rehabilitation of water facilities in associated institutions (schools and health centers) and public spaces (markets, bus stations, etc.), protecting the quality and quantity of water sources for relevant water facilities, household-level sanitation activities, construction and rehabilitation of latrines in associated institutions (schools and health centers) and public spaces (markets, bus stations, etc.). The detail of the range of key environmental and social risks and benefits associated with specific DLI in SURWASH PforR is presented in Annex 2. 2 Federal Ministry of Water Resources (FMWR), Government of Nigeria, National Bureau of Statistics (NBS) and UNICEF. 2020. Water, Sanitation and Hygiene: National Outcome Routine Mapping (WASH NORM) 2019: A Report of Findings. FCT Abuja. Nigeria. Basic drinking water services are from an improved source, provided collection time is not more than 30 minutes’ roundtrip including queuing. Improved drinking water sources are those that have the potential to deliver safe water by nature of their design and construction, and include: piped water, boreholes or tube wells, protected dug wells, protected springs, rainwater, and packaged or delivered water. Improved sanitation facilities are those designed to hygienically separate excreta from human contact, and include: flush/pour flush to piped sewer system, septic tanks or pit latrines; ventilated improved pit latrines, composting toilets or pit latrines with slabs. Basic handwashing facilities are those located on premises with soap and water. 48 3.2 Expected Environmental Benefits 69. The PforR program will deliver some direct and indirect environmental benefits. Environmental benefits that will accrue from achieving virtually all the DLIs include clean environment due to improved and sustainable water and sanitation services, and reduced air pollution due to proper sanitation and hygiene management. Overall, the program will bring positive benefits such as the adequate collection and treatment of a considerable amount of sewage, which was, prior to the Program, being inadequately collected and discharged to watercourses with inappropriate or no treatment and also promote communities from opting for better sanitation facilities and combat impacts of open defecation. Also, installation of meters which could be carried out as part of achieving DLI 3 (People provided with basic drinking water service under the Program.), could lead to reduced energy consumption and energy savings (with climate co-benefits) if smart meters are installed. In addition, safe disposal of fecal sludge and the treatment of waste water under DLIs 5 and 6 ( Household with improved sanitation facilities constructed or rehabilitated under the program and Communities having achieved community-wide sanitation status (ODF+) or number of ODF+ communities having maintained their status) aligns with Multilateral Development Banks (MDB) list of eligible mitigation activities under Category 6.1, that is, treatment of wastewater including wastewater collection networks that reduce GHG emission. 3.3 Expected Environmental Risks and Impacts 70. The SURWASH PforR program is expected to have direct, indirect and cumulative environmental risks which are deemed to be substantial because of the potential impact on the environment of the rehabilitation, expansion, or construction of new water supply as well as sanitation infrastructures. 71. The achievement of DLI 1 (Design of National WASH Fund to enable its establishment) and DLI 2 (Design and implementation of a State PIR Plan and achievement of required reforms) could be limited by the possibility of lack of capacity in the SPIU to manage environmental and social risks. This situation may pose a danger to the safety of workers, the public and environment unless a stringent due diligence and management process is adopted. 72. The achievement of the DLIs under improved water supply, namely DLI3 (People provided with basic drinking water service under the Program ), DLI 4 (People with access to a sustainably functioning water service), DLI 5 (Household with improved sanitation facilities constructed or rehabilitated under the program) and DLI 7 (Schools and healthcare facilities with improved water supply, sanitation and handwashing facilities constructed or rehabilitated) will involve rehabilitation and construction activities. Civil works and household-level sanitation and hygiene activities will likely generate adverse site-specific risks and impacts, such as those stemming from the disposal of material excavated during preconstruction, construction/rehabilitation activities. Rehabilitation and construction activities will lead to the generation of dust and air pollution, noise and construction wastes as well as nuances for public and occupational health and safety impacts to workers. It may also result in traffic obstruction during construction and rehabilitation of water facilities. 49 Associated activities may lead to cutting of vegetation and land clearance and impact on fauna species thereby leading to loss of biodiversity unless proper screening criteria are adopted to ensure impacts on Natural habitats and biodiversity are managed accordingly. There could also be cumulative impacts due to pre-existing environmental conditions and other rehabilitation activities (in the schools and health facilities) not associated with the PforR. 73. Cumulative impacts can also come about due to the need for construction material for civil works for a large number of projects within a state which can pose stresses on the natural resource based used for sand, aggregate soil, water and other construction material that will be needed for civil works implementation. Inadequate construction related guidelines and construction supervision might result in bypassing regulations while sourcing construction material, such as sand and clay for brick construction, and result in poorly constructed infrastructure. A large quantum of material is required to ensure the targets set forth in the DLIs across the states are met via civil works. This will create pressure on natural resources like sand, boulders and clay, and natural habitats and forests unless duly managed. Without adequate precautions in place it could lead to environmental degradation cumulatively. During construction chance findings may be unearthed and risked being damaged. Known archaeological sites may also be at risk during material procurement and the disposal of construction waste without appropriate guidelines to protect them. 74. There could also be impacts associated with the improper design of the water supply and sanitation facilities and their poor operations. Civil works and household-level sanitation and hygiene activities will likely generate adverse site-specific risks and impacts during the operational phase of the Program. The management and disposal of excavated material and other construction waste; , fecal sludge disposal and wastewater discharges, occupational health and safety of workers the operational phases; and community health and safety risks, including both during the construction phase as well as the operational phase from the unsound operation of WASH facilities. 75. In addition, there will be increased energy use for generation of water, and this may increase greenhouse gas emission unless design options promote the sole use of renewable sources such as Solar and Battery Energy Storage Systems (BESS). Greenhouse gas emission will be reduced in rural and small-town water supply sector where the use of solar energy will be prioritized. Where Solar and BESS systems are used there is also the need for the management of solar cells and BESS systems at the end of life cycle stage as they are categorized as hazardous waste unless properly disposed. Moreover, installation of meters may lead to the generation of e-waste as old ones and malfunctioning ones will be removed at the end of their functional life cycle. Also, the depletion of ground water due to increased and sustainable supply to customers may affect ground water dependent terrestrial ecosystems that will suffer from reduced water availability and cause impacts on water tables and overall hydrological systems in the given environment. 76. The achievement of the DLIs under improved access to sanitation and hygiene services, namely, DLI 5 (Household with improved sanitation facilities constructed or rehabilitated under the program), DLI 6 (Communities having achieved community-wide sanitation 50 status (ODF+) or number of ODF+ communities having maintained their status) and DLI 7 (Schools and healthcare facilities with improved water supply, sanitation and handwashing facilities constructed or rehabilitated) will involve some activities that will impact on the environment. Specifically, the construction and rehabilitation activities that will be carried out in order to achieve the DLIs will lead to the generation of dust and air pollution, noise and construction wastes as well as nuances for public and occupational health and safety impacts to workers. Via these civil works as well cumulative impacts can also come about due to the need for construction material for civil works for a large number of projects within a state which can pose stresses on the natural resource based used for sand, aggregate soil, water and other construction material that will be needed for civil works implementation. There could also be cumulative impacts due to pre-existing environmental conditions and other activities in the schools and health facilities not associated with the PforR. Implementation of civil works activities pertaining to this DLI may also lead to the cutting down of vegetation and land clearance and impact on fauna species thereby leading to loss of biodiversity unless proper screening criteria are adopted to ensure impacts on natural habitats and biodiversity are managed accordingly. 77. There could be pollution risks especially during transport, treatment, and disposal of wastewater and fecal sludge from pit latrines, septic tanks, and other onsite sanitation facilities if not properly handled and can potentially contaminate natural systems if not treated prior to disposal or via accidental incidents of spillage. The disposal of wastewater and fecal sludge could lead to surface and ground water pollution in the long term as open dumping currently practiced does not have any containment mechanisms to ensure final disposal is environmentally sound. Additionally, the post construction management for WASH facilities and black water is not well understood by the implementing agencies. Risks emerge from improper handling of inadequately decomposed waste removed from leach pits, overflowing and badly managed leach pits, and black water coming out of the leach pits. Wastewater, both grey and black water, if allowed to accumulate in low lying areas near settlements can become a breeding ground for pests and vectors that can impact community health and safety unless managed via stringent operational protocols for environmental management and constant monitoring. Poorly managed solid waste disposal either by burning or by dumping on available common lands or in low-lying areas and in waterbodies, contaminates the soil and water, and creates a risk of local flooding during rains. Most of these issues become more important since there is little understanding and information on the part of the general communities on the health impact of solid and liquid waste management. 78. Climate vulnerability and disasters: The availability of water for onsite sanitation (usage and infrastructure development) may reduce owing to the expected water stress resulting from climate change in the States, this could result in the WASH facilities being set up becoming disused in the long term. Inappropriate design, and increased frequency and intensity of storms will create temporary saturation of unsaturated soil zone leading to surface flooding and rapid transportation of pollutants into aquifers. Thus, there is a need to build in a design component that details the technical designs of WASH infrastructure design in each of the respective states climate proof and resilient to disasters such as climate-induced drought and floods. The resilient design process for infrastructure 51 development under DLIs 3-7 will also ensure that water and sanitation infrastructure is robust to the threats of drought and flood. Environmental considerations such as siting, material use, ventilation etc will be recommended via the POM. as relevant to the disaster profile and climate vulnerability of the respective state . It is also essential to improve the ventilation and lighting facilities in the superstructure design of WASH facilities. 3.4 Expected Social Benefits 79. The SURWASH PforR has many social benefits that will result from the achievement of the DLIs. Figure 3.1 shows the impact pathways of benefits of access to water supply, sanitation and hygiene services adapted from Noga and Wolbring (2012)3. Many studies highlight the health benefits of clean water and sanitation4567. Also, the effect on education outcome due to improvement in health as a result of improved sanitation has also been highlighted. For example, a study conducted on Jamaican school children between the ages of 9 and 12 years showed that there was a significant improvement in the results of tests of auditory short-term memory and of scanning and retrieval long-term memory when the incidence of Trichuriasis (Trichuris trichiura), a poor sanitation related disease, was reduced (Sanctuary and Troop, 2004) 8. Access to Reduced Increased unemployment, Enhanced water and Increase economic health and Increased productivity, sanitation education d ability Increased income, growth and services for outcomes to work reduced vulnerability development people to shocks Figure 3.1: Impact pathways of benefits of access to water supply, sanitation and hygiene services 80. The achievement of DLI 1 (Design of National WASH Fund to enable its establishment) and DLI 2 (Design and implementation of a State PIR Plan and achievement of required reforms) would indirectly lead to a healthy environment, reduced incidence of disease outbreaks, sustainable access to clean and portable water and sanitation services and enhanced income for the people, reduced poverty and vulnerability to shocks (for example health shocks associated with a filthy environment and lack of water). 3 Noga, J and Wolbring, G (2012) 4 Esrey, S.A.; Potash, J.B.; Roberts, L.; Shiff, C. (1991) Effects of improved water supply and sanitation on ascariasis, diarrhoea, dracunculiasis, hookworm infection, schistosomiasis, and trachoma. Bull. World Health Organ. 69, 609 5 Haller, L.; Hutton, G.; Bartram, J. (2007) Estimating the costs and health benefits of water and sanitation improvements at global level. J. Water Health, 5, 467 6 Rheingans, R.; Cumming, O.; Anderson, J.; Showalter, J. (2012) Estimating Inequities in Sanitation-Related Disease Burden and Estimating the Potential Impacts of Pro-Poor Targeting; Sustainable Sanitation and Water Management, London School of Hygiene & Tropical Medicine: London, UK. Available online: https://assets.publishing.service.gov.uk/media/57a08a63ed915d622c0006fb/EquityResearchReport.pdf (accessed on 31 December 2020). 7 Whittington, D.; Jeuland, M.; Barker, K.; Yuen, Y. (2012) Setting priorities, targeting subsidies among water, sanitation, and preventive health interventions in developing countries. World Dev. 40, 1546–1568. 8 Sanctuary, M and Troop, H (2004) Making water a part of economic development: The economic benefits of improved water management and services. A report commissioned by the Governments of Norway and Sweden as input to the Commission on Sustainable Development (CSD) and its 2004 –2005 focus on water, sanitation and related issues, SIWI and WHO. 52 81. The achievement of the DLIs under improved water supply, namely DLI 3 (People provided with basic drinking water service under the Program ), DLI 4 (People with access to a sustainably functioning water service), DLI 7 (Schools and healthcare facilities with improved water supply, sanitation and handwashing facilities constructed or rehabilitated) will result in a lot of social benefits. Sustainable access to portable drinking water will lead to enhanced and accelerated health gains due to reduced incidence of diseases especially water borne diseases (diarrhea, cholera, bilharzia, guinea worm, filariasis, dengue fever and some other opportunistic diseases etc.). Reduced disease incidence due to access to drinking water will lead to improved quality of life and increased life expectancy. There will also be more hours available for work which will in turn lead to enhanced income and welfare and better quality of life for the people and reduced incidence of poverty and vulnerability to shocks and increased economic growth. Also, increased access to drinking water will save the labor used for fetching water, especially for women, and thus result in enhanced income and livelihoods of women. Increase in number of people with access to basic drinking water service will indirectly offer some political gains especially in terms of political stability and enhanced cooperation of citizens in government activities. 82. Furthermore, increasing access to water services in schools will help facilitate basic sanitation and hygiene practices and thus reduce incidence of water borne diseases especially, diarrhea, in schools and result in reduction in mortality rate due to lack of water and poor hygiene practices. Also, with better health, less time spent being ill and fetching water, children will devote more time to learning. This will also help reduce absenteeism in schools and increase the retention ability of pupils/students and enhance their performance and ensure increased education gains, reduction in school dropout rate and other positive outcomes. This will generally enhance economic growth and wellbeing in the country. 83. The achievement of the DLIs under improved access to sanitation and hygiene services, namely, DLI 5 (Household with improved sanitation facilities constructed or rehabilitated under the program), DLI 6 (Communities having achieved community-wide sanitation status (ODF+) or number of ODF+ communities having maintained their status) and DLI 7 (Schools, healthcare facilities and public places with sanitation and handwashing facilities constructed or rehabilitated under the program) will deliver significant social benefits. The achievement of ODF+ will lead to enhanced health (due to reduced incidence of diseases especially those associated with poor sanitation, for example, diarrhea, dysentery), and reduced mortality giving that poor sanitation is one of the major causes of death in a developing country like Nigeria where there is poor access to water and sanitation. Indirectly, reduced disease incidence due to increased access to sanitation will lead to increased life expectancy. There will also be more hours available for work which will in turn lead to enhanced income and welfare and better quality of life for the people and reduced incidence of poverty and vulnerability to shocks and increased economic growth and wellbeing in the country. 53 3.5 Social Risks and Impact 84. The execution of projects for the achievement of the DLIs under improved water supply, namely DLI 3 (People provided with basic drinking water service under the Program), DLI 4 (People with access to a sustainably functioning water service), DLI 7 (Schools and healthcare facilities with improved water supply, sanitation and handwashing facilities constructed or rehabilitated) would result in a lot of social risks. There could be permanent and temporary displacement of people due to land acquisition for citing of WASH facilities, coercion for land donation, destruction of access routes, damage to utility lines, residential restriction, temporary lack of water access during rehabilitations and discrimination against the very vulnerable persons, for example women and people with disabilities, in the communities (lack of universal access). There could also be OHS risks due to rehabilitation and construction activities. 85. In addition, there could be risks associated with the use of child labor and exposure to COVID-19. There could also be increased risks of GBV, SEA and SH and also risk of spread of sexually transmitted diseases (like HIV/AIDs) and unwanted pregnancies due to influx of contractors and workers in the urban and rural areas where construction and rehabilitation are taking place. There is also possibility of negative impact on cultural heritage especially in rural areas. Also, the execution of projects for the achievement of these DLIs could result in quarrels and grievances within the localities and could stall the projects if there is no appropriate GRM in place. There could also be inequities and gender discrimination in the selection of schools and hospitals where construction and rehabilitation of water facilities will take. The implementation of projects for achievement of the DLIs under improved access to sanitation and hygiene services, namely, DLI 5 (Household with improved sanitation facilities constructed or rehabilitated under the program), DLI 6 (Communities having achieved community-wide sanitation status (ODF+) or number of ODF+ communities having maintained their status) and DLI 7 (Schools, healthcare facilities and public places with sanitation and handwashing facilities constructed or rehabilitated under the program) would result to some social risks some of which are also applicable to DLI 1- 6 already identified. Other risks especially associated with DLI7 are disruption of academic activities and disruption of operations in health facilities which may lead to loss of an academic period, loss of income, disruption in the provision of health services and unintended health consequences (even death of patients who may not be able to receive urgent medical attention during the period of disruption). In addition, there could be social exclusion and discrimination against vulnerable people in the community, for example, in treatment and disposal of wastewater and fecal sludge from pit latrines and in behavioral change communication (BCC). Moreover, although the DLIs will not directly result in conflict, the security situation in some of the States, for example, there are conflict zones in parts of Nigeria. The movement of goods and services and contractors may pose security risks to the Program. 54 SECTION IV: OVERVIEW OF RELEVANT BORROWERS ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS 86. The government of Nigeria (GON) has several policies, instruments and laws which support environmental and social management and environmental and social impact assessment processes. There are a number of sectoral policies which provide directives to integrate environmental and social considerations in the decision-making process to avoid or minimize impacts associated with program implementation. This section summarizes the policy, regulatory, institutional and legal frameworks for environmental management Nigeria. 4.1 The Constitution of the Federal Republic of Nigeria (1999) 87. The basis of environmental policy in Nigeria is contained in the 1999 Nigerian Constitution of the Federal Republic of Nigeria. Pursuant to section 20 of the Constitution, the State is empowered to protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria. In a similar way, social policy in Nigeria also takes its origin from the 1999 Nigerian Constitution of the Federal Republic of Nigeria. Section 17 encourages the state to pursue equality of rights, equal pay for equal work, obligations, opportunities and human dignity for all citizens. In addition, the state shall avoid social exclusion and discrimination of any form including gender, protection of children and vulnerable from any exploitation and moral and material neglect. The state will also promote equal access to facilities including education centers, health services. 4.2 Policies Relevant to the SURWASH Program 88. The national policies relevant to the SURWASH PforR is presented in Table 4.1. Table 4.1: Nigerian Policies Relevant to the SURWASH Program Policy Objectives National Policy Overall Policy Goal on the To define a new holistic framework for guidance, management and protection of the Environment environment as well as the conservation of natural resources for sustainable development’ of (Revised 2016) the country. Objectives ▪ Ensuring and securing the quality of Nigeria’s environment to support good health and well- being; ▪ Promoting efficient and sustainable use of Nigeria’s natural resources and the restoration and maintenance of the biological diversity of ecosystems; ▪ Promoting understanding of essential linkages between the environment, social and economic developmental issues; ▪ Encouraging individual and community participation in environmental improvement initiatives; 55 ▪ Raising public awareness and engendering a national culture of environmental preservation; and ▪ Building partnership among all stakeholders, including government at all levels, international institutions and governments, non-governmental agencies and communities on environmental matters. National Water Overall Policy Goal Policy (2016) The main policy objective is to foster the integrated management of water resources for optimum, sustainable, efficient, and equitable water resources development and management in order to meet the current and future user water demand, conserve the water quality and protect the environment Objectives ▪ Optimize the use of Nation’s water resources at all times, for the present generation without compromising the existence of the future generations. ▪ Foster Integrated Water Resources Management which will lead to:  Managing the water resources for equitable and sustainable water related sub-sector  development and environmental protection;  Promoting stakeholder participation (governments, communities, Civil Societies and Private Sector) in the water sector development to meet rapidly growing demand for domestic and industrial water supply, sanitation, irrigation and drainage, food and erosion control, hydropower generation, inland transportation, inland fishery, livestock farming and other uses)  Improving River Hydrological Area Management by adopting hydrological boundaries as the basic units of water resource management and regulating activities within the Hydrological Areas units ▪ Managing the water resources for the purpose of eradicating poverty while enhancing and improving public health ▪ Improve and expand the delivery of water services in an equitable manner ▪ Foster the conservation of water and increase systems efficiencies ▪ Promote rainwater management with sustainable drainage as a method of household water supply, drainage and flood control ▪ Prevent the over-exploitation of groundwater and protect its quality ▪ Promote national and international cooperation and increase the mutually beneficial use of shared water resources within Nigeria and with its neighboring countries ▪ Facilitate the exchange of water sector information and experience ▪ Improve governance, institutional development, capacity development and the advancement of gender mainstreaming in the water sector15 ▪ Conserving the quality of both surface and ground water resources while promoting the protection of the environment and associated aquatic ecosystems to ensure long term sustainability ▪ Development of dams and institutionalizing proper dam’s management as a means of mitigating flood and erosion. ▪ Position Nigeria on a road map to achieving international and national goals and targets in water resources development. ▪ Harness the power generation potentials of dams across the Country ▪ Mitigate the impacts of climate change especially on desertification, flooding, coastal inundation and rapid drying up of lakes and rivers National Forestry Overall Policy Goal Policy (2006) The overall objective of the national forest policy is to achieve sustainable forest management that would ensure sustainable increases in the economic, social and environmental benefits from forests and trees for the present and future generation including the poor and the vulnerable Objectives  Increase, maintain and enhance the national forest estate through sound forest management practices.  Address the underlying causes of deforestation, desertification including lack of policy support, market distortions, weak regulations and rural poverty. 56  Promote and regulate private sector involvement in forestry development, and to create a more positive investment climate in the sector.  Capitalize on the economic, social and environmental opportunities in forestry without undermining the resource base.  Encourage forest dependent people, farmers and local communities to improve their livelihood through new approaches to forestry.  Ensure the survival of forest biodiversity and to balance this with the pressing development needs of the country.  Rehabilitate and conserve key watershed forests.  Promote and maintain the greening of the urban environment and meet the increasing demand for forest products by urban centers.  Ensure that improved tenure to land and tree acts as an incentive for individuals, communities and women in particular to invest in forestry.  Help private owners and communities to reserve land for forestry.  Build capacity and systems for state and local government to engage actively in forest resources management and development.  Apply an effective regulatory system to safeguard public interests under private sector forest management agreements to ensure adequate legal provisions for tenure in order to encourage long-term investment.  Develop partnerships or management agreement with local communities that improve forest management and alleviate poverty National Policy Overall Policy Goal on Climate policy response to climate change that aims to fosters low carbon, high growth economic Change (2013) development path and build a climate-resilient society through the attainment of set targets. Objectives  Implement mitigation measures that will promote low carbon  Strengthen national capacity to adapt to climate change  Raise climate change-related science, technology and R&D to a new level that will enhance the country's image on climate change  Significantly increase public awareness and involve private sector participation in tackling climate change  Strengthen national institutions and mechanisms to establish a suitable framework for climate change governance National Gender Overall Policy Goal Policy (2006) The goal of the gender policy is to “build a just society devoid of discrimination, harness the dull potentials of all social groups regardless of sex or circumstance, promote the enjoyment of fundamental human rights and protect the health, social , economic and political well- being of all citizens in order to achieve equitable rapid economic growth, evolve an evidence based planning and governance system where human, social, financial and technological resources are efficiently deployed for sustainable development�. One of the principles of the gender policy is a general recognition that gender issues are central and critical to the achievement of national development goals and objectives and by extension water, sanitation and hygiene programs. Objectives  Establish the framework for gender responsiveness in all public and private spheres and strengthen capacities of all stakeholders to deliver their component mandate of the gender policy and National Strategic Framework  Develop and apply gender mainstreaming approaches, tools and instruments that are compatible with the macro- policy framework of the country at any given time towards national development.  Adopt gender mainstreaming as a core value and practice in social transformation, organisational cultures and in the general polity in Nigeria. 57  Incorporate the principles of CEDAW and other global and regional frameworks that support gender equality and women empowerment in the country’s laws, legislative processes, judicial and administrative systems  Achieve minimum threshold of representation for women in order to promote equal opportunity in all areas of political social and economic life of the country for women as well as for men. One of the targets of this objective is directly related to WASH. The target is to provide equal opportunities for women and men to enjoy and attain an acceptable minimum threshold of universal access to potable water, sanitation, electricity, transportation, road networks and general security of life and property by 2015.  Undertake women and men- specific projects as a means of developing the capabilities of both women and men, to enable them take advantage of economic and political opportunities towards the achievement of gender equality and women’s empowerment.  Educate and sensitize all stakeholders on the centrality of gender equality and women’s empowerment to the attainment of overall national development. 4.3 Relevant Nigerian National Laws 89. The national laws relevant to the SURWASH PforR is presented in Table 4.2. Table 4.2: Nigerian Laws that are Relevant to the SURWASH Program S/N Law Description/Summary of Objectives Environmental Acts ▪ The main aim of the Act is to ensure environmentally sound and sustainable development projects. 1 EIA Act - CAP. ▪ To carry out an EIA on all projects likely to have significant impact on the E12 L.F.N. 2004 environment ▪ Encourage information exchange and consultation between all stakeholders when proposed activities are likely to have significant impact on the environment. ▪ Enforce compliance with national (and international) laws, legislations, guidelines, policies and standards on environmental matters; ▪ Coordinate and liaise with, stakeholders, within and outside Nigeria on matters of environmental standards, regulations and enforcement; ▪ Ensure that environmental projects funded by donor organizations and external support agencies adhere to regulations in environmental safety and protection; ▪ Enforce environmental control measures through registration, licensing and National permitting Systems other than in the oil and gas sector; and Environmental ▪ Conduct environmental audit and establish data bank on regulatory and enforcement Standards and mechanisms of environmental standards other than in the oil and gas sector. Regulations, 2 Enforcement Some relevant sections include Agency Act, Section 7: Authority to ensure compliance with all of Nigeria’s environmental laws (NESREA) 2007 and treaty obligations; and ▪ Section 8 (1) K and Section 27: Authority to make and review regulations on air and water quality, discharge of effluents and other harmful substances as well as control of other forms of environmental pollution. ▪ The Agency has powers to: ▪ prohibit processes and use of equipment or technology that undermine environmental quality; ▪ conduct field follow-up of compliance with set standards and take procedures prescribed by law against any violator; 58 ▪ subject to the provision of the Constitution of the Federal Republic of Nigeria, 1999, and in collaboration with relevant judicial authorities establish mobile courts to expeditiously dispense cases of violation of environmental regulation. Facilitates the preparation and implementation of development plans and planning schemes and creating a better environment for living, working and recreation Nigerian Urban and Relevant Sections are: Regional Planning ▪ Section 30: Requirement for a building plan by a registered architect before 3 Act CAP. N138 commencement of any building project; L.F.N. 2004 ▪ Section 39: Making the acceptance of a land development plan contingent on proof it would not harm the environment or constitute nuisance to the community; and ▪ Section 74: Ensures effective control in special cases like wasteland Harmful Waste ▪ Criminalizes all activities relating to the purchase, sale, importation, transit, (Special Criminal transportation, deposit, storage of harmful wastes; and 4 ▪ By this Act it is unlawful to dump harmful waste in the air, land or waters of Nigeria Provisions, etc.) Act 1988 ▪ Amends the Water resources Act CAP W2 LFN 2004. ▪ Vests the rights and control of water in the Federal Government ▪ Promotes the optimum planning, development and use of Nigeria’s water resources ▪ Ensuring the co-ordination of such activities as are likely to influence the quality, quantity, distribution use and management of water Water Resources ▪ Ensures the application of appropriate standards and techniques for the 5 Amendment Act investigation, use, control, protection, management and administration of water (2016) resources ▪ Facilitates technical assistance and rehabilitation for water supplies ▪ Allows anyone the assess and use of water resources without charge for his domestic purpose or for watering livestock, farmlands and fishing from any watercourse the public has free access. Social Acts ▪ Provide a legal framework for the regulation of safety standards for the operation of factories in Nigeria; ▪ Set out minimum standards for clean and conducive working environments; ▪ Protect of workers exposed to occupational hazards; Factories Act, Cap ▪ To provide for factory workers and a wider spectrum of workers and other 1 F1, LFN 2004 professionals exposed to occupational hazards, but for whom no adequate provision had been formerly made; ▪ To make adequate provision regarding the safety of workers to which the Act implies; and ▪ To impose penalties for any breach of its provision. ▪ Makes provisions with respect to the formation, registration and organization of trade unions, and the Federation of Trade Unions ▪ It states, "notwithstanding anything to the contrary in this Act, membership of a trade Trade Union union by employees shall be voluntary and no employee shall be forced to join any 2 Amended Act 2005 trade union or be victimized for refusing to join or remain a member�. The amended Act, to ensure the funding of trade unions, empowers employers to make deduction from the wages of every worker who is a member of any of the trade unions for the purpose of paying contributions to the trade union so registered; ▪ This Act repeals the Workmen Act of 1980. ▪ The objectives of the Act include Provide for an open and fair system of guaranteed and adequate compensation for all employees or their dependents for any death, Employees injury, disease or disability arising out of or in the course of employment; 3 Compensation Act ▪ provide rehabilitation to employees with work-related disabilities as provided in this (2010) Act; ▪ establish and maintain a solvent compensation fund managed in the interest of employees and employers; 59 ▪ provide for fair and adequate assessments for employers; ▪ provide an appeal procedure that is simple, fair and accessible, with minimal delays; and ▪ combine efforts and resources of relevant stakeholders for the prevention of workplace disabilities, including the enforcement of occupational safety and health standards. The Act makes provisions for the settlement of trade disputes and other matters ancillary thereto. The Act established the National Industrial Court. The Act provides for procedure of settling dispute before it is reported; apprehension of trade dispute by the Minister; reporting of dispute if not amicably settled; appointment of conciliator, Trade Dispute Act etc. Regarding the procedure before dispute is reported, the Act provides that parties 4 CAP. T8 LFN 2004 to the dispute shall first attempt to settle it by an agreed means for settlement of the dispute apart from the Act. It is only when this procedure fails or does not exist that the parties report within seven days and come together to settle the dispute under a conciliator. Notwithstanding this provision, the Minister can apprehend the dispute and decide on the cause of action for the settlement of the dispute. Act provides for the protection of wages, contracts of employment and terms and conditions of employment as well as recruiting guidelines. It provides for special classes of worker and miscellaneous special provisions. The Act in the different parts made a lot of provisions to ensure that the interest of the worker is protected. For Labor Act CAP L1 example, under protection of wages the Act made provisions to ensure that the 5 LFN 2004 worker's dignity regarding wages is maintained. For example, the Act provides in part 1No 2 that no employer shall impose in any contract for the employment of any worker any terms as to the place at which, or the manner in which, or the person with whom any wages paid to the worker are to be expended; and every contract between an employer and a worker containing any such terms shall be illegal, null and void Incorporate into its laws all the rights guaranteed in the United Nations’ Convention on the Rights of the Child. The U.N. convention, adopted in 1989, states that: “The child shall be protected against all forms of neglect, cruelty and exploitation. He shall Child Right Act 6 not be admitted to employment before an appropriate minimum age; he shall in no 2003 case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.� The Act must be ratified by each state to become law in its territory. This act provides a legal basis for land acquisition in Nigeria. The major provisions include:  Section 1: all land comprised in the territory of each state in the Federation is vested in the Governor of the state and such land shall be held in trust and administered for the use and common benefit of all.  Section 2: (a) all land in urban areas shall be under the control and management of 7 Land Use Act the Governor of each State; and  Section 2 (b) all other land shall be under the control and management of the local government within the area of jurisdiction in which the land is situated.  State governments have the right to grant statutory rights of occupancy to any person for any purpose; and the Local Government has the right to grant customary rights of occupancy to any person or organization for agricultural, residential and other purposes.  Establishes the contributory pension scheme (the Scheme) for employees in the public and private sectors in Nigeria; and the National Pension Commission (NPC), in order to facilitate the payment of retirement benefits to deserving employees.  Ensure that every person who worked in either the Public Service of the Federation, Pension Reform Federal Capital Territory or Private Sector receives his retirement benefits as and Amendment Act when due:  Assist improvident individuals by ensuring that they save in order to cater for their livelihood during old age: and  Establish a uniform set of rules, regulations and standards for the administration and payments of retirement benefits for the Public Service of the Federation, 60 Federal Capital Territory and the Private Sector. On the other hand, the principal object of the Commission, as provided in the Act, shall be to regulate, supervise and ensure the effective administration of pension matters in Nigeria. 4.4 Relevant Nigerian National Environmental Regulations 90. The national environmental regulations relevant to the SURWASH PforR is presented in Table 4.3. Table 4.3: Nigerian Regulations that are Relevant to the SURWASH Program S/N Regulation Objectives National Environmental The provisions of this Regulation enable consistent application of (Permitting and Licensing 1 environmental laws, regulations and standards in all sectors of the System) Regulations, 2009. S. I. economy and geographical regions. No. 29. National Environmental To provide the legal framework for the adoption of sustainable and 2 (Sanitation and Wastes Control) environment friendly practices in environmental sanitation and waste Regulations, 2009. S.I. No. 28 management to minimize pollution. National Environmental (Noise To ensure tranquility of the human environment or surrounding and their 3 Standards and Control) psychological well-being by regulating noise levels. Regulations, 2009. S.I. No 35 National Environmental (Surface To restore, enhance and preserve the physical, chemical and biological 4 and Groundwater Quality Control) integrity of the nation’s surface waters, and to maintain existing water Regulations, 2010. S.I. No. 22 uses. National Environmental (Soil To check all earth-disturbing activities, practices or developments for 5 Erosion and Flood Control) non-agricultural, commercial, industrial and residential purposes. Regulations, 2011. S. I. No. 12. To protect of water catchment areas. All land users must observe and National Environmental respect the carrying capacity of the land; carry out measures for soil (Watershed, Mountainous, Hilly 6 conservation and for the protection of water catchment areas using the and Catchments Areas) best available environmentally friendly technologies to minimize Regulations, 2009. S. I. No. 27. significant risks/damage to ecological and landscape aspects. National Environmental To provide an effective and pragmatic regulatory framework for the (Desertification Control and 7 sustainable use of all areas already affected by desertification and the Drought Mitigation) Regulations, protection of vulnerable lands. 2011. S. I. No. 13. National Environmental (Control To prevent and minimize the destruction of ecosystem through fire of Bush/Forest Fire and Open 8 outbreak and burning of any material that may affect the health of the Burning) Regulations, 2011, S.I. ecosystem through the emission of hazardous air pollutants. No. 15 National Environmental To prevent and minimize pollution from all operations and ancillary (Domestic and Industrial Plastic, 9 activities of the domestic and industrial plastic, Rubber and Foam Sector Rubber and Foam Sector) to the Nigerian environment. Regulations, 2011. S. I. No. 17. National Environmental (Surface To restore, enhance and preserve the physical, chemical and biological 11 and Groundwater Quality Control) integrity of the nation’s surface waters, and to maintain existing water Regulations, 2011. S. I. No. 22. uses. National Environmental To prevent and minimize pollution from construction, decommissioning 12 (Construction Sector) and demolition activities to the Nigerian environment. Regulations, 2011. S. I. No. 19. 61 National Environmental (Air To provide for improved control of the nation’s air quality to such an 13 Quality Control) Regulations, S. I. extent that would enhance the protection of flora and fauna, human No 64, 2014. health and other resources affected by air quality deteriorations. Nigerian Urban and Regional 14 Planning Act CAP N138 LFN Planned development of urban areas (to include and manage waste sites) 2004 4.5 Nigeria’s Institutional Framework 4.5.1 Federal Ministries Relevant to SURWASH Program 91. The Federal Ministries whose functions and responsibilities are relevant to the SURWASH PforR is presented in Table 4.4. Table 4.4: Relevant Ministries and their functions S/N Ministry Relevant Functions and Responsibilities ▪ Secretariat of the Program and houses the in collaboration with the World Bank Federal Ministry of controls disbursement of funds to states. Program funds will be channeled through 1 Finance the Federal Ministry of Finance directly to the states in accordance with the cost- sharing agreement with the FMWR Overall sector coordination/guidance and is responsible for policy making, Federal Ministry of oversight, and investment support for water resources management and development 2 Water Resources (surface water and groundwater), water supply and sanitation, and irrigation and (FMWR) drainage The focal ministry of environmental issues in Nigeria. They will lead in Federal Ministry of implementing environmental actions at the federal level as recommended in the 3 Environment PAP. They are also responsible for oversight and disclosure regarding EIA at the (FMEnv) federal level. ▪ Development and promotion of productive employment policies and programs for employment generation and actualization of national employment policies of the Federal Government. ▪ Skills Development, upgrading, certification, placement and empowerment of artisans, tradesmen and applicants in various areas of national needs ▪ Provision of Social Security Coverage, Welfare and Employee’s Compensation The Federal Ministry to the nation’s workforce 4 of Labor and ▪ Provision of Labor Protection Services, supervision, enforcement, Education, Employment Promotion of Social Justice, Ratification, Implementation and Review of National Labor Laws and Policies including collective bargained agreements. ▪ Trade Unions Education and Training ▪ International Labor Diplomacy ▪ Promotion of Occupational Safety and Health under the Occupational Safety and Health Department ▪ Enforcement of the Labor Laws under the Inspectorate Department (INSP) Federal Ministry of Women Affairs, ▪ The focal ministry of social issues in Nigeria. They will lead in implementing and 5 Community and monitoring environmental actions at the federal level as recommended in the PAP Social Development 62 4.6.1 State Level Environmental and Social Laws, Policies and Edicts 92. The laws and regulations of participating States relevant to the SURWASH PforR is presented in Table 4.5. Table 4.5: Relevant State Laws and Regulations of Participating States Participating in SURWASH Environmental Laws, Regulations and S/N State Social Laws, Regulations and Permits Permits  Forestry Law  A law to establish the Delta State multi-  Delta State Environmental Protection door courthouse and for other connected Agency Law (DELSEPA) matters, 2012 (for alternative dispute  Delta State Environmental Sanitation Law resolution) 1986 1 Delta  A law to establish the office of the public  Ecology Law, 2006 defender its functions and for other matter  Delta State Waste Management Law, 2004 connected to it, 2018  Issues Environmental Impact Statement  A bill for a law to protect persons against Permit violence has not been passed into law.  Sewage permit  A law to provide welfare assistance in form of cash grants or in-kind assistance to elderly persons No 5 of 2012  Environmental Health and Sanitation Law  Discrimination Against Persons with  Ekiti State Environmental Protection disability (Prohibition) Law 2020 Agency Law 2 Ekiti  Ekiti State Child’s Rights Law 2006  Ekiti State Waste Management Authority  Ekiti State Citizens’ Rights Centre Law Law 2007  Ekiti State Gender Based Violence (Prohibition) Law 2019  Sexual Violence Against Children Law.  Gombe State Environment Protection 3 Gombe  Yet to domesticate gender laws Agency (GOSEPA)  Imo State Environmental Protection Agency Law  Social Services Stabilization Fund 2016  Imo State Environmental Protection Agency State Law 10 4 Imo Amendment Law  Consolidation of Property and Land Use  Imo Waste Management Agency Charges.  Imo State Environmental Transformation Commission (ENTRACO)  Kaduna State Environmental Protection Authority Law 2010  Kaduna State Gender Equity and Social  Kaduna State Regulation on Waste Inclusion (GESI) Policy 2017 Management N0 1 of 2010  Standard Operating Procedures for  Regulation on control of water pollution Prevention and Response of Gender – sources No 2 of 2010 Based Violence (GBV)  Regulation on Effluent Limitation and  Adopted the Grievance Redress 5 Kaduna Management No 3 2010 Mechanism Procedure of National Safety  Regulation on Impact Assessment and Net Program Audit No 4 2010  Kaduna State Social Protection Policy,  Regulation on Bush Burning Control No 5 2020 2010  Violence against persons (prohibition)  Regulation on Control and Management of Law 2018. Hazardous Substances No 6 2010 63  Regulation on Special Work Places No 7 2010  Kaduna State Policy on Environment 2019  Kaduna State Water Supply and Sanitation Policy 2015  Kaduna State Water Supply and Sanitation Law No. 11 2016  Regulations for Groundwater abstraction in Kaduna State No. 6 2020  Regulations and Guidelines for Reservoir Operations and Utilization in Kaduna State No. 7 2020  Kaduna State Community Engagement Framework 2020  State Environmental Protection Agency Law 6 Katsina   Ecological Fund Law 2005;  Forestry Law; Child’s Right Law 2005 was gazette in the  state in 2017  a Law to make Provision for the  Plateau Environmental Protection and Establishment of a Gender and Equal Sanitation Agency (PEPSA) Law Opportunities Commission and for the 7 Plateau  Plateau Rural Water Supply & Sanitation Elimination of All Forms of Agency Law Discrimination and Other Matters Connected.  Plateau State Safeguarding Children Policy 2014  Disability Commission. 4.6.2 State and LGA WASH Sector Policy, Regulations, Edicts, Legal and Institutional Framework in Nigeria 93. Tables 4.6 and 4.7 highlights environmental, social and WASH institutional framework of the 7 participating states (Kaduna, Ekiti, Gombe, Delta, Plateau, Imo, Katsina). Table 4.6:States’ Environmental, Social and WASH Institutional Framework and Responsibilities S/N Institutional Management Frameworks Relevant Functions and Responsibilities Environmental Institutional Management Framework State Ministries of Environment  Delta State Ministry of Environment  Ekiti State Ministry of Environment  Gombe State Ministry of Environment and Forest  Formulation and implementation of Resources (GSMEFR) environmental policies and programs for the 1  Imo State Ministry of Environment and Natural states; Resources  Monitoring and enforcement of environment laws  Kaduna State Ministry of Environment and Natural and regulations in the state; Resources.  Katsina State Ministry of Environment  Plateau State Ministry of Environment 64 S/N Institutional Management Frameworks Relevant Functions and Responsibilities  Collaboration with federal government and donor agencies on environmental matters; State Environmental Protection Agencies  Control of environmental and natural resources  Delta State Environmental Protection Agency degradation; (DELSEPA)  Coordinates and supervises the activities of  Ekiti State Environmental Protection Agency environmental agencies within the state; among  Gombe State Environment Protection Agency others. (GOSEPA)  Enforcement of all environmental legislations in 2  Imo State Environmental Protection Agency the states;  Kaduna State Environmental Protection Authority  Minimization of impacts of physical  Katsina State Environmental Protection Agency development on the ecosystem  Plateau State Environmental Protection & Sanitation  Preservation, conservation and restoration to pre- Agency (PEPSA) impact status of all ecological process;  Protection of air, water, land, forest and wildlife within the state  Pollution control and environmental health in the state. Social Institutional Management Framework State Ministries  Delta State Ministry of Women Affairs, Community and Social Development (DSMWACSD)  Gombe State Ministry of Women Affairs and Social Development  Ekiti State Ministry of Women and Social The focal ministries of social issues at the state level. Development Lead in implementing and monitoring social actions  Kaduna State Ministry of Women Affairs and Social as recommended in the PAP. They will also be 1 Development responsible for overall monitoring of the  Katsina State Ministry of Social Development implementation of the social actions associate with  Katsina State Ministry of Women Affairs: the SURWASH Program.  Gender Equity and Social Inclusion Policy; Ministry of Human Resources and Capacity Building;  Plateau State Ministry of Women Affairs and Social Development  WASH Institutional Management Framework State Ministries Responsible for Water Resources  Delta State Ministry of Water Resources and Development  Ekiti State Bureau of Infrastructure and Public Utilities (BIPU)  Gombe State Ministry of Water Resources and  Lead state-level policy reform and sector Development coordination.  Imo State Ministry of Water Resources and  Overall state sector coordination; SPIU workplan Development and budget approval  Kaduna State Ministry of Public Works and Infrastructure Kaduna State Water Regulatory Commissions  Katsina State Ministry of Water Resources  Plateau State Ministry of Water Resources and Development State Water Boards and Corporations (SWB and  They are responsible for urban, semi-urban, and SWC) rural water supplies.  Delta State Urban Water Corporation (DSWC)  They give technical support to local government  Ekiti State Water Corporation (EKSWC) authorities (LGAs) in planning, design, and  Gombe State Water Corporation supervision of their own water supply activities 65 S/N Institutional Management Frameworks Relevant Functions and Responsibilities  Imo State Water Corporation  Provide the FMWR with basic information on all  Kaduna State Water Corporation their current and proposed projects covering water  Katsina State Water Board supply sources, volume of water pumped,  Plateau State Water Board quantities of chemicals used, water quality, pipe types, sizes, and lengths, and any other information the FMWR might require Table 4.7: LGAs' WASH Institutional Framework and Responsibilities S/N Institutional Management Frameworks Relevant Functions and Responsibilities WASH Institutional Management Framework Rural Water Supply and Sanitation Agencies  Responsible for the establishment, control, 1 (RUWASSAs) and Small Towns Water Supply and management and development of water works in Sanitation Agencies (STWSSAs) rural communities.  Supports the maintenance and repair of WASH facilities and in related behavior change, including in training community-level WASH committees 2 LGA WASH Unit/Departments (WASHCOMs), water consumer associations (WCAs), and other community-level water providers  Generally responsible for Operation and 3 WASHCOM Maintenance of WASH facilities at the community level 66 SECTION V: ASSESSMENT OF THE CLIENT’S ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEMS 94. This section describes the E&S management systems in place to manage all identified E&S impacts and risks associated with the program interventions detailed in Section III, especially adverse impacts and risks. It describes the main elements of applicable CLIENT’S systems and provides an analysis of the acceptability of these systems, considering the level of risk and the extent to which Borrower systems and practices are aligned with the Banks 6 core principles on E&S. That is, the analysis will show the extent to which the applicable systems are consistent with the core principles and key planning elements expressed in the PforR Guidance Document. It also provides a review of aspects where gaps exist between the two. The assessment was done using the following criteria: ▪ An analysis of the strengths of the existing environmental and social due diligence system, or where it functions effectively and efficiently and is consistent with Bank Policy and Directive for Program-for-Results Financing; ▪ Identification of inconsistencies and gaps between the principles espoused in Bank Policy and Directive for Program-for-Results Financing and capacity constraints and gaps in existing capacity; and ▪ Based on the above findings, recommendations to fill gaps and proposed mitigation measures and actions to strengthen the existing system to ensure environmental and social soundness and long-term sustainability in line with the design and implementation and operation of program interventions across the project areas. 95. The summary of the assessments of Federal State Government and LGA systems in line with the core principles is presented in section 5.1. Detailed assessment of the environmental and social systems of the Federal and each of the Tier-1 State Governments, as indicated earlier, was carried out against the core principles and state specific findings and recommendations that can be undertaken at state level that will be incorporated in to the Program Action Plan are summarized in Annex 5. 96. Information from this analysis and the resulting identification of gaps and opportunities/actions were used to inform the recommendations presented for the program in terms of managing E&S aspects and have informed the preparation of the Program Action Plan (PAP). 67 5.1: Summary of Systems Assessment Core Principle 1: General Principle of Environmental and Social Management Table 5.1: Assessment Core Principle 1: General Principle of Environmental and Social Management Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to (a) promote environmental and social sustainability in Program design; (b) avoid, minimize or mitigate against adverse impacts; and (c) promote informed decision-making relating to a program’s Bank Directive for Program-for-Results Financing: Program procedures will: ▪ Operate within an adequate legal and regulatory framework to guide environmental and social impact assessments at the program level. ▪ Incorporate recognized elements of environmental and social assessment good practice, including: ▪ early screening of potential effects; ▪ consideration of strategic, technical, and site alternatives (including the “no action� alternative); ▪ explicit assessment of potential induced, cumulative, and trans-boundary impacts; ▪ identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized; ▪ clear articulation of institutional responsibilities and resources to support implementation of plans; and ▪ Responsiveness and accountability through stakeholder consultation, timely dissemination of program information, and responsive grievance redress measures. Applicability: YES / NO The E&S team has conducted a screening of initial risks of the PforR. Environmental and social risks are posed due to small to medium scale civil works entailing drilling of boreholes, construction and rehabilitation of water points and water schemes, construction and rehabilitation of water facilities in associated institutions (schools and health centers) and public spaces (markets, bus stations, etc.) Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures FEDERAL LEVEL  Support should be provided at specific DLI 1. Design of FEDERAL LEVEL  At the Federal level, National Policies, Acts, project levels and a technical assistance National WASH Fund  The EIA Act only focuses on the environmental Regulations for environmental management as well as component be used to fill capacity gaps enable its establishment. standards. The World Bank standards on social institutional system’s identifying environment and establish E&S risk management issues is not addressed by the EIA particularly procedures, roles and legislation to be followed in the systems. DLI 2. Design and requirements on stakeholder engagement, labor, country (See Chapter 4) are well defined and are  There is a need to strengthen the Nigeria implementation of a State resettlement and land acquisition or ecosystem consistent with Core Principle 1 of the Bank Policy Water Resources Institute (NWRI), the PIR Plan and achievement services. and Directives on PforR Operation. institution which warehouses the of required reforms.  At the national level there is no direct/ single  The national EIA system (EIA Act No. 86 of 1992) knowledge base of the FMWR charged ministry that is responsible for the totality of the provides a comprehensive legal and regulatory with the responsibility of creating DLI 3. People provided social sustainability components, that is required framework for environmental and social impact resourceful technical guidelines for the with basic drinking water by the World Bank Standards. There are isolated assessment that is broadly consistent with the Core water and sanitation sector. service under the ministries performing isolated roles related to Principle 1 of the Bank Policy and Directive.  There is a need to ensure that the core civil Program. social concerns. See Chapter 4.  Environmental Assessment (EA) Department of the servants are able to participate in this  There is a marked disconnect between the Federal Ministry of Environment is responsible for process at the project implementation DLI 4. People with access operations of agencies responsible for social ensuring that the environmental risks are assessed, and level and are actively able to gain to a sustainably concerns and the practices in the Federal Ministry adequate measures are taken to mitigate and or knowledge. Significant amount of functioning water service. of Water Resources, where the WASH practice is manage potential project impacts in line with the technical resources in terms of training domiciled. Federal Republic of Nigerian EIA Act of 1992. and guidance need to be made available at 68 DLI 5. Households with  Nigeria has a climate change policy which guides  There is no requirement for consulting with local the Local Government and WASHCOM improved sanitation climate action by government. Nigeria is also part of communities or vulnerable people in EIA process. level. facilities constructed or the Paris Agreement. NESREA is also empowered to  The capacity of the ministry and responsible  Though some selected RUWASAs and rehabilitated under the enforce non-compliance with environmental laws and agency to monitor and enforce environmental other water departments as well as Program. regulations. assessments is weak. representatives from LGAs have received some training on the ESF, there is evident DLI 6. Communities STATES LEVEL STATE LEVEL need to build capacity at the LGA level having achieved  States have their own state environment Ministry or particularly with the LGA health officer  E&S capacity at the state level is weak in terms of community-wide agency such as GOSEPA and PEPSA, who can be  There is a need to strengthen the E&S policies, infrastructure, E&S risk management and sanitation status (ODF+) contacted for permits or any clarifications if management capacities of the Program human resources. The corresponding ministries to or number of ODF+ necessary. Most of the States Ministry of Environment participating states in terms of OHS, CHS E&S thematic areas at the state level do not communities having have enforcement units and task force. and provision of adequate skilled human interface with the Ministry of Water Resources, the maintained their status.  Some of the Tier 1 states have specific regulatory resources. Water Board or the RUWASSA to help establish instruments, e.g. Delta State Environmental Sanitation  The States should develop bespoke E&S sustainable E&S practices in Water and WASH DLI 7. Schools and Law 1986; Delta Ecology Law, 2006; Delta State policies fit for their context and in Projects. healthcare facilities with Waste Management Law, 2004. See Table 4.6 alignment with the National regulatory  The State environment ministries have weak improved water supply,  Most of the sample states have robust framework framework and International Best capacities and mirror gaps in the federal sanitation and regarding environmental assessment and Practices. This should be done in environmental regulation and laws. handwashing facilities management. E.g. Kaduna, Delta, Ekiti consultation with the EA department at  The states specifically do not have the capacity and constructed or  Some States, e.g. Kaduna and Katsina states, also have the Federal Ministry of Environment. equipment to monitor and manage environmental rehabilitated strong coordination with Federal Ministry of  There is a need to equip the State pollution, hazards and other environmental Environment and NESREA, Ministries of Environment with necessary problems in the state. facilities and gadgets (including  The state government often do not include E&S laboratory) to facilitate the monitoring issues in contract biding documents. and reporting of environmental issues (pollution, degradation, hazards etc.) in LOCAL GOVERNMENT LEVEL the states.  WASHCOMs and Local Governments are critical to  There is need to ensure that contract implementation of WASH projects, yet they do not biding documents cover E&S issues as set have any policies, E&S risk management systems, out in the POM personnel or now-how on E&S practices.  There is a need to enhance/strengthen  Implementation and mitigation measures set out in cross-ministries and agencies instruments such as ESMPs and ESIAs are usually coordination and public consultation as not followed. well as improve citizen engagement.  Generally, there is weak capacity in delivering a  Put in place a Grievance redress robust ESIA process at the LGA level mechanism to handle conflicts for the  Program staff and beneficiaries as captured in the PAP. 69 Core Principle 2: Natural Habitats and Physical Cultural Resources Table 5.2 :Assessment Core Principle 2: Natural Habitats and Physical Cultural Resources Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to avoid, minimize and mitigate against adverse effects on natural habitats and physical cultural resources resulting from program. Bank Directive for Program-for-Results Financing: As relevant, the program to be supported: ▪ Includes appropriate measures for early identification and screening of potentially important biodiversity and cultural resource areas. ▪ Supports and promotes the conservation, maintenance, and rehabilitation of natural habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities. ▪ Takes into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects Applicability: YES / NO It is expected that the Program will have moderate impact on natural habitats and physical cultural resources since it directly involves rehabilitation and construction of WASH infrastructure. The applicability in terms of specific DLIs is indicated below. Suggestions to Fill Gaps/Proposed Mitigation Applicable DLIs Systems Assessment Gaps Measures • Environmental and Social screening stage DLI 3. People provided with basic drinking FEDERAL LEVEL FEDERAL LEVEL of ESIA process should guide the selection  Gaps with respect to ESIA systems water service under the Program.  The state refers to the federal policies on of locating for water supply infrastructure Environmental Assessment outlined in are noted under DLI-1.3 and others to avoid potential impacts on natural DLI 4. People with access to a sustainably detail above under the Core Principal 1 it listed under applicability of core habitats and physical cultural principle 1. functioning water service can be confirmed that the locating of • Preliminary identification and E and S water supply infrastructure will seek to  Most of the forest laws and edits are screening of sub- projects within the DLI 5. Households with improved sanitation avoid potential impacts on natural habitats old and outdated even dating back to Program can be screened against the facilities constructed or rehabilitated under and known physical cultural resources. colonial times and needs to be criteria for ensuring no Natural Habitats or the Program.  Nigeria has several forest policies, updated. sites of Physical cultural resource programs and guidelines to facilitate the  Although Nigeria has national parks importance are impacted either via siting management of forests and other natural and forest reserves some of the or proximity to project interventions. reserves have been deforested and DLI 7. Schools and healthcare facilities with habitats. For example, the National Forest • The use of the IBAT tool for screening of improved water supply, sanitation and Policy (NFP) 2006, National Biodiversity some are now described as biodiversity area should be used in the handwashing facilities constructed or Strategy and Action Plan, Nigeria “deforested forest reserves�. screening and E and S due diligence rehabilitated REDD+ project. The NFP remains  Strengthen programs to monitor land- process via the program specific relevant in the preservation of the use impacts on cultural resource areas Guidelines of Good Environmental and National ecosystem and addressing are not necessarily taken into account Social Practices for the Water and climate change challenges in Nigeria. or assessed in ESIAs Sewerage Sector that are to be developed.  Nigeria has a lot of biodiversity sites  Ensure alignment between private • The scope and nature of the subprojects including sacred groves as detailed in the investment promotion and sustainable under the Program should be designed to National Biodiversity Strategy, however, forest management objectives ensure there will not imping on known it is not envisaged that the program will natural habitats, including protected areas, have any adverse direct impact on STATE LEVEL known sites of biodiversity importance biodiversity specific to any of the states.  The implementation capacity of documented or buffer zones of protected extant laws on endangered species areas, community forests or sacred groves 70 STATE LEVEL and critical habitat conversion is very and important biodiversity sites in the  While the states have designated known weak. communities. areas of heritage, the potential presence of  The enforcement of the various • The program and infrastructure design chance finds will reside due to the states biodiversity and natural habitat laws should take into account potential adverse cultural heritage and historical setting at both the federal and state levels are effects on physical cultural property and, which historically comprised of ancient often weak. as warranted, provides adequate measures kingdoms and nomadic settlements that  The states do not have specific to avoid, minimize, or mitigate such can confirm the presence of potential environmental legislations and thus effects. chance finds. . refer to those of the national level that • Chance find procedures should be made a  Some states have forest edicts, laws (e.g. have basic provisions for screening key requisite provision in E and S Delta State Forestry Law) and policies to impacts on natural habitats and management provisions in civil works facilitate forestry and natural resources cultural heritage. contracts for WASH infrastructure. management.  While it is unlikely that the projects • The scope and nature of the subprojects  State Governments have forest would involve the need for conversion under the Program is such as that may commissions or departments embedded of any critical natural habitats or be cause adverse effects on physical cultural within their Ministries of Environment. sited in areas of cultural importance, property can be avoided via a negative list E.g. GSMEFR. These forest these need to be diligently embedded and siting criteria and via adequate public commissions/departments are responsible in the process of screening in order to consultation in rural areas. for ecosystem preservation and guide the selection of locating for biodiversity conversation. water supply infrastructure to avoid potential LOCAL GOVERNMENT LEVEL  impacts on natural habitats and  Some communities also have community physical cultural resources. forests and sacred groves and these areas  E and S processes currently do not are conserved with the help of government involve provisions in the form of and development agencies and are rarely Chance find procedures to ensure used for construction of projects. management of any unknown tangible  RUWASAs and other water departments heritage assets or chance found as well as representatives from LGAs antiquities. have received some training on the ESF  related aspects of management of Natural Habitats and Cultural Heritage. LOCAL GOVERNMENT LEVEL  Cases of uncontrolled and unchecked deforestation and conversion of critical habitat for other infrastructure needs have been reported.  Awareness at the local government level on the need to focus on biodiversity conservation and physical cultural resource management as a priority is limited. 71 Core Principle 3: Public and Worker Safety Table 5.3 : Assessment Core Principle 3: Public and Worker Safety Bank Policy for Program-for-Results Financing: Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) construction and/or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Bank Directive for Program-for-Results Financing: ▪ Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed. ▪ Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions. ▪ Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events. Applicability: YES / NO the construction and rehabilitation of WASH facilities in rural communities, small towns, local institutions and public spaces that will may impact on public and worker safety. The applicability in terms of specific DLIs is indicated below. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures DLI 3. People provided with basic drinking FEDERAL LEVEL FEDERAL LEVEL  The Federal Ministry of Environment water service under the Program.  The legal/regulatory system of the country  The national EIA system does not should work towards improving the EIA includes provisions for protecting worker, comprehensively encompass aspects of system to incorporate important aspects DLI 4. People with access to a sustainably community and public safety. Some of public and worker safety. lacking in the system, for example, functioning water service. these include, Labor Act of 2004, the  There is limited awareness by the issues relating to public and workers’ Trade Union Amended Act of 2005, and general public, on public health and safety and broader ESHS. Meanwhile, DLI 5. Households with improved the Employees Compensation Act of safety issues, particularly in relation to they should ensure that EIA reports sanitation facilities constructed or 2010. See Table III.5 exposure to hazardous materials, and submitted for review cover social issues rehabilitated under the program.  NESREA has regulations to protect the chemical handling and safety especially relating to public and worker public from hazardous chemicals, precautions. safety. DLI 6. Communities having achieved pesticides, and agrochemicals (National  Lack of awareness of relevant  States and Federal Ministry of community-wide sanitation status (ODF+) Environmental (Hazardous Chemicals authorities’ staff to appreciate the need Environment, States and Federal or number of ODF+ communities having and Pesticides) Regulations, S.I. No 65, to ensure occupational health and Ministry of Labor and States and maintained their status. 2014). safety. The FMWR and the FPIU adopts Federal Ministry of Water Resources  The country also has some legal statutes the National OHS systems should collaborate and build the DLI 7. Schools and healthcare facilities and provisions to protect workers. Some  The enforcement of national labor laws capacity of the leaders in the different with improved water supply, sanitation and of these include, Labor Act of 2004, the is weak. institutions in the sector in order for handwashing facilities constructed or Trade Union Amended Act of 2005, and  The national EA Department of the them to become knowledgeable on rehabilitated the Employees Compensation Act of FMEnv and NESREA have not issues relating to occupational health 2010. comprehensively incorporated OHS and hazard and how to deal prevent and  The federal government has the Ministry management into civil works. deal with it. of Labor and their responsibilities include  State governments should ensure that 72 the protection of the rights of workers. STATE LEVEL government and employers of labor in  The Federal Child’s Right Act (CRA)  Lack of OHS guidelines and procedures the state enroll or cover their workers (2003) codifies the rights of children in to be adopted by contractors, firms’ and under the Workers Compensation Nigeria. It has penalties on the use of child employers of labor and workers in most Insurance. labor of the States  Provide on-site training to workers and  The Nigerian Labor Law requires  Lack of awareness of relevant laborer’s that will be involved in compliance with all national and authorities’ staff to appreciate the need rehabilitation and upgrading work so international labor laws on occupational to ensure occupational health and that they will be familiar with OHS health and safety. The law requires routine safety. issues at their workplace. inspection of workplaces, accident  There is limited awareness and lack of  Provide training for LAMs and other investigation, preparation of safety and interest by the general public, on public supply chain laborer’s/employers health regulations, code of practice, health and safety issues,  State governments should ensure that guidelines and standards for various  Inadequate awareness of relevant contractors, and other employers of operations, processes and hazards. authorities’ staff to appreciate the need labor especially those involving to ensure OHS. construction, health work, sanitation STATE LEVEL and waste management and handling of  Most state governments also have LOCAL GOVERNMENT LEVEL chemicals provide personal protective Ministries of Labor and these ministries Lack of OHS guidelines and procedures equipment for their workers. also work to protect the rights of workers to be adopted by contractors, employers  Ensure that all workers engaged under at the state level. of labor and workers. WASH are provided with a relevant  Some of the states have standalone laws personal protective and safety and regulations to protect the rights of equipment. children and workers, e.g. Plateau State  strengthen citizen engagement through Child’s Right Law 2005 was gazette in the different channels so as to create state in 2017. awareness regarding the entire program activities especially in relation to OHS and CHS.  Put in place a Grievance redress mechanism to handle workers conflicts. 73 Core Principle 4: Land Acquisition Table 5.4 : Assessment Core Principle 4: Land Acquisition Bank Policy for Program-for-Results Financing: Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards. Bank Directive for Program-for-Results Financing: As relevant, the program to be supported: ▪ Avoids or minimizes land acquisition and related adverse impacts; ▪ Identifies and addresses economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy; ▪ Provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access; ▪ Provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity (e.g., loss of crop production or employment); and ▪ Restores or replaces public infrastructure and community services that may be adversely affected. Applicability: YES / NO Given that any land which will involve economic and physical displacement will not be eligible for community micro-projects, land acquisition, involuntary resettlement and compensation are already excluded from the program. Nevertheless, the implementation of projects in DLI-1.4 may involve the building of new community projects, and it is expected that the land to be used would be community land or land donated by individuals in the communities voluntarily, since this land is free of any use or occupation. Thus, core principle 4 will apply to the Nigeria SURWASH PforR Program specifically to the system assessment focused on voluntary land donation. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures DLI 3. People provided with basic drinking FEDERAL LEVEL FEDERAL LEVEL  All States would have to ensure that due water service under the Program.  Nigeria has the Land Use Act of 1978  The Land Use Act has a lot of processes are followed to ensure land which was modified in 1990 as the legal limitations regarding land acquisition. acquisition is indeed voluntary without DLI 4. People with access to a sustainably basis of land acquisition and Some of these include the provision in encumbrances. functioning water service. administration in Nigeria the Act that the Governor of a State  Displacement and temporary  Given the numerous gaps in the Act, a controls all land in the State, the issues resettlement support should be provided DLI 5. Household with improved sanitation Presidential Technical Committee on of resettlement of project affected to avoid adverse impacts on facilities constructed or rehabilitated under Land Reform (PTCLR) is working on persons, poor grievance redress socioeconomic assets and activities. An the program. issues regarding land reform in Nigeria. mechanism, poor land rights, doesn’t abridged resettlement action plan STATE LEVEL include anything with regards land (ARAP) acceptable to the Bank must be DLI 7. Schools and healthcare facilities  Some states have specific land acquisition donation, consultation prior to land prepared for any voluntary resettlement with improved water supply, sanitation and and use regulations, such as the Kaduna acquisition, makes no provision for or temporary displacement. handwashing facilities constructed or State Land Use Review of 2018 which is livelihood restoration, makes rehabilitated currently under review. compensation provisions for those  There is a need for each state to  Imo state has the Consolidation of who have recognized land rights, establish a framework/protocol for Property and Land Use Charges law silent on timing of compensation voluntary land donation in collaboration payment, makes no provision for with SURWASH. Significant capacity which places responsibility for compensation for undeveloped land, building of the FPIU and SPIU on payment of land use charges on among others. sustainable land access, through owners not occupiers  FMWR has no well- designed trainings and workshops. This will be LOCAL GOVERNMENT LEVEL resettlement policy framework further set out the POM.  The LGAs are responsible for the comparable to either the old safeguard  Training and capacity building of the 74 administration of some aspects of the systems or the new World Bank ESF. LGA WASH Departments and Land Use Act of 1978 and other state In urban and large-scale projects, the WASHCOMs on sustainable land Land Laws where available. Land Use Act of 1978 applies. In rural access and the role of consultations and projects, the community is expected to participation, sufficient documentation, provide land for the project. compensation, grievance management  FMWR staff have not been directly and gender safety in site selection and involved in any adequately land access. documented resettlement process, the  Support for the NWRI on understanding FPIU, do not have capacity to the role of sustainable land access implement a RAP comparable to the through trainings and workshops. Bank Standards.  STATE LEVEL  The gaps identified in Land Use Act at the Federal level also apply at the State level. LOCAL GOVERNMENT LEVEL  Although community members can freely donate their lands under customary practices, there is no provision for voluntary land donation in the Land Use Act.  Given that there is no framework or legislation regarding voluntary land donation, there could be coercion for land donation leading to impoverishment of the people. 75 Core Principle 5: Social Considerations - Indigenous Peoples and Vulnerable Groups Table 5.5: Assessment Core Principle 5: Social Considerations - Indigenous Peoples and Vulnerable Groups Bank Policy for Program-for-Results Financing: Due consideration is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups. Bank Directive for Program-for-Results Financing: • Undertakes free, prior, and informed consultations if Indigenous Peoples are potentially affected (positively or negatively) to determine whether there is broad community support for the program. • Ensures that Indigenous Peoples can participate in devising opportunities to benefit from exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the consent of the Indigenous Peoples. • Gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups. If necessary, special measures are taken to promote equitable access to program benefits. Applicability: YES / NO It is expected that vulnerable people will be impacted on given that the Program will involve civil works in rural areas where vulnerable citizens and IDPs could be residing. Also, the WASH Program focusing on the rural poor and vulnerable and the new poor (those that became poor due to the economic crisis caused by the COVOD-19 pandemic). Note that there are no groups in Nigeria that meet the World Bank's criteria for Indigenous Peoples. However, we followed the third point on Bank Directive for indigenous peoples and vulnerable groups to look at the systems that address the needs of groups vulnerable to hardships, including women, youths and people with disabilities. The applicability in terms of specific DLIs is indicated below. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures DLI 3. People provided with basic drinking FEDERAL LEVEL FFEDERAL LEVEL  Deliberate efforts to strengthen multi- water service under the Program.  Chapter IV of the Nigerian Constitution  There is lack of capacity in Ministries agency coordination e.g. between state contains a variety of fundamental rights of Women Affairs and Social ministries for women affairs and social DLI 4. People with access to a sustainably set out in Sections 33 - 44. Of particular Development to tackle the issues of development and the ministry of justice functioning water service. relevance is Section 42, which prohibits GBV and other issues relating to to provide clear pathway for referral of discrimination on the grounds of ethnic gender and youths. gender-based offences. DLI 5. Household with improved sanitation origin, sex (gender), religion, or linguistic  There is weak knowledge of the  States without Gender Policy should set facilities constructed or rehabilitated under affiliation. public especially vulnerable groups in motion the process of developing the program.  There is a Federal Ministry of Women regarding the issues of GBV and how their gender policy which will contain Affairs and Social Development that deals to handle cases of GBV especially guidelines and processes of preventing DLI 6. Communities having achieved with all gender related issues especially as sexual abuse. discrimination against vulnerable community-wide sanitation status (ODF+) it concerns the vulnerable especially  There is weak of capacity in groups and PWDs. or number of ODF+ communities having women youths and People living with Ministries of Women Affairs and  States without a gender-based violence maintained their status. Disabilities (PWDs). They have a unit that Social Development to tackle the response team should quickly set up deals with GBV and discrimination. issues of GBV and other issues Domestic and Gender-based (Sexual) DLI 7. Schools and healthcare facilities  The federal government of Nigeria has relating to gender and youths Violence Response Team (DSVRT) to with improved water supply, sanitation and signed many treaties on women issues for quick response to issues of GBV in handwashing facilities constructed or including the CEDAW in 1999 and has a STATE LEVEL the states. rehabilitated gender policy. There is also the Violence  Many States are yet to adopt the  Sates should carryout regular Against Persons (Prohibition)Act 2015. Violence Against Persons enlightenment programs for the public  Several policy statements and programs at (Prohibition) Law. and capacity building programs for staff 76 the state and levels clearly indicate the  Many states do not have adequate of gender/women ministries. nation’s commitments to achieving the framework and institutional  States should conduct and organize Sustainable Development Goal (SDG) on arrangement for combating GBV or inclusive community-based gender equality. prosecuting and punishing those development association to drive involved in GBV thus offenders often inclusive participation of vulnerable STATE LEVEL do not get punished. groups in the program and in the  Also, most state governments have  Many of the states do not have policy community WASH projects. Ministry of Women Affairs/Gender to ensure inclusion of minority/ ethnic  All community WASH projects should Affairs and Social Development. These groups at local level or the extreme be designed to include universal access ministries help to address the issues of poor in programs for all persons living with disability and GBV and discriminations of vulnerable  Also, many of the States do not have to ensure accessibility to the very poor people. Specifically, the Law in Ekiti gender policy or guidelines for and all ethnic groups in the program. State provides welfare package (cash/in- dealing with vulnerable people and kind) to the elderly. PWDs to ensure that they are not  Almost all of the Tier 1 States have robust treated with contempt and partiality legal framework for Gender  A bill for a law to protect persons considerations, youths’ affairs and social against violence has not been passed exclusions and discrimination as into law in Delta state. described in Chapter 3, except Imo and  Imo State lacks capacity to tackle Katsina States. GBV and other gender related and  The Ministry of Women Affairs and youth issues. Social Development in Plateau deals with issues collaborates with Ministry of LOCAL GOVERNMENT LEVEL Justice to deal with GBV issues.  Many of the states do not have policy  Gombe state also has an established to ensure inclusion of minority/ ethnic referral pathway for victims of GBV. groups at local level or the extreme  Many states have laws and frameworks in poor in programs dealing with violence and discrimination while some states, in addition, some have response teams to deal with GBV for example Kaduna State GBV Response Team.  Few States have adopted the Violence against persons Law, e.g. Kaduna State (adopted in 2018) and Ekiti State (adopted in 2019) LOCAL GOVERNMENT LEVEL  Most states have community development associations (CDAs) at the LGA who protect and promote the interests of different population groups. 77 Core Principle 6: Social Conflict Table 5.6: Assessment Core Principle 6: Social Conflict Bank Policy for Program-for-Results Financing: Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. • Bank Directive for Program-for-Results Financing: Considers conflict risks, including distributional equity and cultural sensitivities. Applicability: YES / No Conflicts and grievances may arise during the execution of WASH projects. There is also a lingering issue of conflicts between herders and famers which can be exacerbated with the provision of water outlets at the community level. Suggestions to Fill Gaps/Proposed Applicable DLIs Systems Assessment Gaps Mitigation Measures DLI 3. People provided with basic drinking FEDERAL LEVEL  Strengthened stakeholder engagement FEDERAL LEVEL water service under the Program.  The constitution of the Federal Republic and grievance redress mechanisms and  Lack of a Grievance Redress of Nigeria 1999 (as amended) provides in increased transparency to provide Mechanism (GRM) for the poor and DLI 4. People with access to a sustainably Section 17 (3) (g) that “the State shall information and communication vulnerable. Although Nigeria has a functioning water service. direct its policy towards ensuring that avenues for complaints and their justice system with courts where provision is made for public assistance in resolutions. people can seek justice, poor and DLI 5. Household with improved sanitation deserving cases, or other conditions of  States should set up community level vulnerable people do not have the facilities constructed or rehabilitated under need. (through relevant traditional rulers/ capacity to seek justice in courts. the program.  Federal throughout the country with well- institution e.g. WASHCOM/WCA)  The available GRM are weak and ad- trained police and security forces who conflict resolution committee to address hoc and not properly institutionalized. DLI 6. Communities having achieved maintain the rule of law and also provides conflict related to headers / farmers / This is to ensure that people’s community-wide sanitation status (ODF+) security against bandits and other forms of water users conflicts and other conflicts grievances are properly redressed or number of ODF+ communities having violent crimes and attacks. related to marginalization of ethnic even when there is need to seek maintained their status.  The military also provides security against minority in the program further redress if the individual is not armed insurgency and terrorism.  States without a framework to provide satisfied with the outcome of existing DLI 7. Schools and healthcare facilities  There is also a justice system with courts free legal services/legal aid and advice arrangements. with improved water supply, sanitation and where people can seek redress. to the citizens should work towards  There is no reliable solution yet to the handwashing facilities constructed or  The federal government also has the providing that. lingering crisis between headers and rehabilitated public complaints commission where  States without an agency responsible for farmers, banditry, armed insurgency people can make complaints regarding grievance redress and peaceful and terrorism. administrative injustices. resolution of disputes should make effort to provide one. STATE LEVEL STATE LEVEL  States should strengthen their GRM to  Most of the states do not have a GRM  State presence is strong throughout the facilitate resolution of conflicts. where poor and vulnerable can make country with well-trained police and  States to explore contextual Laws to complaints and get redress. security forces who maintain the rule of prohibit or mitigate the risk of farmers  Although some states have ways of law and also provides security against and herders’ conflicts. settling grievances, these bandits and other forms of violent crimes  78 and attacks. arrangements are ad-hoc and needs to  There is also a justice system with courts be properly institutionalized. where people can seek redress.  Available GRM frameworks are not  Some state government also have formalized and not well recognized. different institutional arrangements, e.g.  Multidoor Courthouse Law and Public  Most of the states do not have GRMs Defender Law in Delta State. where poor and vulnerable can make  Ekiti State has a Law prohibiting cattle complaints and get redress. and other ruminants grazing within the state. This could help mitigate the LOCAL GOVERNMENT LEVEL increasing risk regarding farmers and  Many communities rely on CDAs to herder’s conflict. settle grievances and disputes are at the community level. This form of LOCAL GOVERNMENT LEVEL GRM varies widely between the states  Conflict resolution or GRM structures at the LGA reflect the structural capacity for such at the state level.  Traditional leadership structure exists in parallel to the LGAs which is most often responsible for community conflicts/grievances resolution  Different CDAs are also responsible for addressing conflicts among their members or affecting their members 79 SECTION VI: PROGRAM ACTION PLAN (PAP) AND RECOMMENDATIONS 97. This section recommends measures that will be taken to strengthen system performance in line with the gaps and risks identified in the system assessment section to ensure that the Program interventions are aligned with the Core Principles of Bank Policy for Program-for- Results financing. The identified key areas are elucidated below. These actions may be further refined and adjusted during the consultation process and the implementation of the Program. 6.1 Environmental Summary and Recommendations 98. Although Nigeria has a well-defined environmental system that is close to the core principle on environmental assessment, significant gaps remain. For example, the EIA process in Nigeria does not cover the social aspects as it should. Often impacted communities and vulnerable groups are not consulted during the EIA process and when even when they are consulted at the beginning, they are not consulted during the review and approval process thus, their concerns may not be reflected in EIA document. Further, the monitoring of EIA implementation is weak as there is no tracking system to monitor environmental and social risks and performance. • At the State and local levels, there is weak capacity in delivering a robust environmental and social assessment process: • Although all participating states under SURWASH have a Ministry of Environment, they do not have an adequate environmental legal framework as most laws do not make sufficient provisions for waste management and OHS issues and have weak provisions for environmental assessment to guide due diligence processes in line with national and international best practice. • There is equally weak monitoring and evaluation of environmental and social systems at the state level and enforcement is weak during implementation of civil works and WASH infrastructure operations. • Pollution monitoring is not routinely conducted in most States to ensure operation of WASH infrastructure is line with national standards for liquid and solid waste management. If not monitored routinely operation of WASH infrastructure can be impacted via pollution incidents that can both contaminate natural environments and lead to significant community and occupational health and safety risks. • For civil works contracts as well as operational management contracts environmental issues are not properly incorporated in the procurement and contractor selection processes and project supervision during civil works. While a majority of states have procurement review processes, E&S elements on impact management from physical works, labor management and occupational health and safety and overall contractor environmental management are not always embedded in to contracts via a legally binding mechanism such as clauses or performance securities for Environmental and Social Health and Safety. (ESHS). This allows contractors to often operate without ensuring adequate financial allocations for ESMP implementation, procurement of PPEs for workers and site level 80 management, which can lead to various impacts as highlighted in Section III, associated with civil works and operations. • Based on these assessments, the following recommendations are made: • There is a need to modify some aspects of the EIA system to ensure that social assessments are fully covered and that impacted communities are continued from the beginning until the end of the review process. Currently, effective monitoring of the EIA process in imperative. In this regard, government (state and federal) should create a tracking system to monitor environmental and social risks performance during program implementation. Social aspects of EIA process and E&S tracking system to be included in the POM; • State governments should ensure that adequate legally binding controls and staffing are included in the procurement, contractor selection, and supervision phases of civil works. These can include standard Environmental and Social management clauses and provisions to ensure compliance in line with site specific environmental codes of practice of ESMPs. Such requirements to be reflected in the POM; • State governments should institute a scheduled program to build and strengthen the capacity of technical staff of the States Ministries of Environment and the SPIUs to be able to manage and monitor environmental assessments processes, environmental monitoring to ensure pollution control, hazards and other environmental issues in the state. In the long run, there is need to equip the State Ministries of Environment with necessary facilities and equipment (including laboratories, monitoring devices for monitoring environmental parameters) to be able to monitor and report environmental issues (pollution, degradation, hazards etc.) in the states during the implementation and operation of WASH infrastructure. • State governments need to formulate/develop guidelines and manuals for mainstreaming stakeholder engagement processes, environmental, and OHS issues into the implementation of the Program as further set out in the POM. The World Bank Groups’ General Environmental Health and Safety guidelines will be adapted for environmental and OHS issues. The manual should help guide the operation of potential contractors and workers and laborers (including those involved in subprojects) who are part of SURWASH Program. The guidelines should contain the requirement of adequate on-site training on OHS issues to workers and laborers, provision of personal protective equipment (PPE) and other guidelines relating to specific WASH activities • State should conduct environmental screening of program activities (including, inter alia, against the Exclusion List and criteria for ensuring no Natural Habitats or sites of Physical cultural resource of importance are impacted either via siting or proximity to project interventions). An independent verification agent will prepare quarterly E&S monitoring reports on the proper application of the screening tool and the requirements set out in the POM, the status of implementation of the Program action plan and ongoing Program activities in the participating states, carry out bi- annual review and monitoring of progress on environmental and social issues and conduct annual environmental and social audits. This is to ensure compliance of the Program activities with the environmental and social standards and regulations and screening mechanism set out in the POM; 81 6.2 Social Summary and Recommendations 99. The SURWASH is meant to increase access to water, sanitation, and hygiene services and strengthen polices and institutions in select states of Nigeria and as such has a lot of social benefits. The assessment of the social systems towards the achievement of the DLIs shows the need to fill significant gaps if the objective of increased access to water, sanitation, and hygiene services and strengthen polices and institutions in select states of Nigeria will be achieved. Going by the program boundary, activities that requires land acquisition that will involve involuntary resettlement and compensation are already excluded from Program activities. Based on the assessment some recommendations were made as follows: • Strengthen stakeholder engagement and any existing GRM at the state and community level and build the confidence of the beneficiaries on the system GRM. • States without an agency responsible for grievance redress and peaceful resolution of disputes should institute a legal framework and create a department to facilitate grievance redress. Affected states should also set up community level GRM systems and conflict resolution committee (through relevant traditional rulers/ institution) to address conflict related to water users and other conflicts related to marginalization of ethnic minority in the program. • States without a gender-based violence response team should quickly set up Response Team for quick response to GBV issues in the states and support it with robust public enlightenment program about the evils of Sexual Exploitation and Abuse and Sexual Harassment. States without Gender Policy should begin the process of developing their gender policy which will contain guidelines and processes of preventing discrimination against vulnerable groups and PWDs. • All SURWASH projects should be designed to include universal access for all persons living with disability and also ensure accessibility to the very poor and all ethnic minority groups in the programs, as further reflected in the POM. • All State governments in collaboration with SURWASH, should adopt and implement a voluntary land donation (VLD) protocol to screen all land selected for community WASH projects to ensure that all land chosen for projects are community land, government land or individual land freely donated and free of all encumbrances. The land donation protocol must include the principle of informed consent and the power of choice, monitoring mechanism and grievance redress mechanism. As indicated in the exclusion criteria, any land selected for project that will involve displacement / resettlement will not be eligible. The land acquisition and donation requirements will be set out in POM. 100. Managing SURWASH Potential risks, challenges and recommendations: The PAP as outlined below will ensure that the program’s participating states will develop a robust Environmental and Social Screening mechanism and assessment tool to guide assessing and evaluating the risks and potential program impacts on people and environment. The GoN will ensure that the screening mechanism will benefit from the 82 World Bank prior guidance and ToR to ensure that all the potential risks, challenges and recommendations are captured in the assessment and screening tool that will be used for environmental and social management of proposed interventions. In the light of what has been outlined in the foregoing paragraphs, the table 6.1 below provides the summary of the recommendations, the breakdown of actions to be included in the Program Action Plan (PAP) with indicative timeline, responsibility for implementation and indicators for measuring the completion of such actions. Table 6.1 : Program Action Plan (PAP) s/n Action Description Due Date Responsible Completion Party Measurement 1 Engagement of qualified ENB and 3 months after State Inclusion of the listed SSI Officers. Implementation of effectiveness or PIUs/Federal specialist in the team (w/ capacity building program prior to PIU and World clear ToRs) by 3 months disbursement, Bank as part of after effectiveness or prior whichever is the IPF TA to disbmt for any state, earlier workplan whichever is earlier. Staff maintained throughout the Program implementation; and Training module and implementation support supervision report of World Bank team 2 Ensure that a robust E&S Prior to State Screening mechanism screening mechanism is in place effectiveness PIUs/Federal manual prepared and and guide environmental and PIU submitted to the Bank social management of proposed prior to effectiveness. interventions throughout implementation, supported by a comprehensive manual which will Throughout the include inter alia the Exclusion life of the List set out in Annex 7 [to be Program Independent Verification included in the POM] Agent (IVA) to submit quarterly reports to the Bank throughout implementation. Use the E&S screening mechanism for the preparation of all activities under the Program 83 3 Hire the (IVA) to conduct 90 days after State IVA hired with Bank- quarterly monitoring of progress effectiveness. PIUs/Federal accepted contract/ TORs on environmental and social risks PIU no later than 90 days after management, particularly effectiveness. regarding the compliance of the Program activities with the PAP and the E&S due diligence (based on the screening tool and requirements set out in the POM) Every 3 months Submit Quarterly reports during program to the Bank including IVA to conduct quarterly reviews implementation progress of implementation of actions & compliance with E&S risk management. E&S due diligence per POM. 4 Prepare Program Operational Prior to State POM completed and Manual (POM), with effectiveness PIUs/Federal disseminated to comprehensive E&S guidelines for PIU stakeholders prior to E&S due diligence and core effectiveness. POM inclusion activities such as gender, adopted by SPIUs prior to SEP, SEA/H, resettlement issues disbursement. and protection of vulnerable Associated training groups provided, guidelines Use the POM requirements for the During the life operationalized, and preparation of all activities under of the Program relevant POM the Program requirements are applied to all Program. 5 Establish a strong GRM System to State PIUs, Appropriate GRM ensure that the stakeholders are Implementing protocol and staffing are in Prior to start of well sensitized ahead of any Agencies place activities in implementation relevant State 6 Establish a of gender-based State PIUs, First Minutes of violence (GBV) response Implementing Committee Meeting Prior to start of Committee at the state level to Agencies including Committee activities in proactively create a safe place for composition satisfactory to relevant State all gender related issues. the Bank 84 SECTION VII. SUPPORTING ANNEXES AND REFERENCE DOCUMENTS Annex 1: Applicability of Core Environmental and Social Principles (CP) to the SURWASH Program Disbursement Linked Indicators (DLIs) CP2 CP3 CP1 CP4 CP5 Vulnerable CP6 Result Area DLI Natural Public & Environment Land Acquisition groups Social Conflict Habitats Worker Safety RA 1: DLI 1. Design of Not Applicable Not Applicable Not Applicable Not Applicable as Not Applicable Not Applicable Strengthened National WASH as there are no as there are no as there are no there are no as there are no Sector Policies Fund to enable its physical works physical works physical works physical works physical works and Institutional establishment. supported by the supported by the supported by the supported by the supported by the Capacity for DLI DLI DLI DLI DLI Improved Services. DLI 2. Design Not applicable as Not Applicable Not Applicable Not Applicable as Not Applicable Not Applicable and there are no as there are no as there are no there are no land as there are no implementation physical works physical works physical works acquisition or physical works of a State PIR supported by the supported by the supported by the physical works supported by the Plan and DL2 DL2 DL2 supported by the DL2 achievement of DL2 required reforms. RA 2: Improved DLI 3. People This is This is This is This may be This is This may be Access to Water provided with applicable applicable as the applicable as applicable in cases applicable as applicable as Supply, basic drinking because the infrastructure hired laborer’s or where sub project there could be there could be sanitation and water service rehabilitation that will be other workers is to be located on discrimination disagreements Hygiene Service under the and construction implemented for building roads community, against and conflicts program activities, for example and skill centers government or vulnerable regarding example, expansion of may be exposed individually groups within planning and expansion of water production to environmental donated land. communities implementation water production capacity, hazards, for where WASH of the WASH capacity, treatment, example, dust, facility is located infrastructure as treatment, pumping, 85 CP2 CP3 CP1 CP4 CP5 Vulnerable CP6 Result Area DLI Natural Public & Environment Land Acquisition groups Social Conflict Habitats Worker Safety pumping, storage, fumes, and well as access to storage, transmission, physical injuries. facilities transmission, and rural and distribution infrastructure facilities in development to selected urban increase centers, sustainable installation of access to meters and improved water public stand supply in posts or water communities, kiosks will lead will impact on to the generation natural habitats. of dust and air pollution, noise from heavy equipment used in construction activities, waste etc. DLI 4. People Applicable as Applicable as Applicable as Given that there This is Applicable as with access to a there may be there may be there may be will be construction applicable as grievances and sustainably rehabilitation physical works physical works and rehabilitation, there could be conflict may functioning water and construction involved which involved which this may be discrimination render disrupt service. activities, for may impact on may impact applicable against accessibility example, the natural occupational especially in cases vulnerable expansion of habitat health and public where sub project groups within water production and worker is to be located on communities capacity, safety community, where WASH treatment, government or facility is located pumping, individually storage, donated land. transmission, and distribution facilities in selected urban centers, 86 CP2 CP3 CP1 CP4 CP5 Vulnerable CP6 Result Area DLI Natural Public & Environment Land Acquisition groups Social Conflict Habitats Worker Safety installation of meters and public stand posts or water kiosks will lead to the generation of dust and air pollution, noise from heavy equipment used in construction activities, waste etc. Applicable as Applicable as This is applicable Applicable as DLI 5. Household This may be there may be there may be Applicable as as there could be grievances and with improved applicable in cases physical works, physical works, there may be discrimination conflict may sanitation where projects is to for example for example physical works against cause and facilities be located on construction of construction of involved which vulnerable discourage constructed or community, latrines, involved latrines, involved may impact groups within individuals not to rehabilitated government or which may which may occupational communities access fetching under the individually impact on the impact on the health and safety where facility is points program. donated land. environment natural habitat located inaccessible DLI 6. This is not Communities Applicable as Applicable as applicable as HCF having achieved there may be there may be Applicable as and schools are Applicable as community-wide physical works, physical works, there may be already on existing grievances and sanitation status for example for example physical works lands with conflict may (ODF+) or construction of construction of involved which necessary Not applicable disrupt number of ODF+ latrines, involved latrines, involved may impact documentations construction communities which may which may occupational and/or operations having impact on the impact on the health and safety maintained their environment natural habitat status 87 CP2 CP3 CP1 CP4 CP5 Vulnerable CP6 Result Area DLI Natural Public & Environment Land Acquisition groups Social Conflict Habitats Worker Safety DLI 7. Schools and healthcare Applicable as Applicable as This may be Applicable as This is applicable Applicable as facilities with there may be there may be applicable in cases there may be as there could be grievances and improved water physical works physical works where sub projects physical works discrimination conflict may supply, sanitation involved which involved which are to be located on involved which against disrupt and handwashing may impact on may impact community, may impact on households with community facilities the natural occupational government or the environment vulnerable services constructed or habitat health and safety individually people within rehabilitated. donated land. 88 Annex 2: Key Environmental & Social Risks and Benefits Associated with Program Activities Result DLIs Environmental Environmental Risks Social Benefits Social Risks Areas Benefits 1: 1. Design of National Indirect environmental There is a possibility that the Indirect social benefits Social risks as a result of Strengthened WASH Fund to benefits that will accrue State and PIU do not have include healthy environment, DLI 1 is negligible Sector Enable its from this DLI include the capacity to manage reduced incidence of disease Policies and Establishment. clean environment due to environmental and social outbreaks, sustainable access Institutional improved and sustainable risks. This situation may to clean and portable water Capacity for water and sanitation pose a danger to the safety and sanitation services and Improved services; of workers, the public and enhanced income for the Services environment. people, reduced poverty and vulnerability to shocks (for example health shocks associated filthy environment and lack of water). 2. Design and Indirect environmental There is a possibility that the Indirect social benefits include Social risks as a result of implementation of a benefits that will accrue State and PIU do not have enhanced health due to reduced DLI 2 is negligible State PIR Plan and from this DLI include the capacity to manage incidence of water borne disease achievement of clean environment due to environmental and social outbreaks, sustainable access to required reforms. improved and sustainable risks. This situation may clean and portable water and water and sanitation pose a danger to the safety sanitation services and enhanced services and reduced of workers, the public and income for the people, reduced pollution due to proper environment. poverty and vulnerability to sanitation and hygiene shocks (for example health management. shocks associated filthy environment and lack of water). RA 2: Improved 3. People provided Indirect environmental The rehabilitation and Sustainable access to portable The execution of projects for the Access to Water with basic drinking benefits that will accrue construction activities that drinking water will lead to achievement of this DLI Supply, sanitation water service under from this DLI include will lead to the achievement enhanced and accelerated health (construction and rehabilitation and hygiene the program clean environment due to of this DLI for example, gains due to reduced incidence of water points and schemes, Service improved and sustainable expansion of water of diseases especially water public standpipes and household water and sanitation production capacity, borne diseases (diarrhea, connections) could result in services, and reduced air treatment, pumping, storage, cholera, bilharzia, guinea worm, minor conflicts and quarrels pollution due to proper transmission, and filariasis, dengue fever and within the localities. This could sanitation and hygiene distribution facilities in some other opportunistic pose serious risk to the project if management. Installation selected urban centers, diseases etc.). Indirectly, an appropriate grievance redress of smart meters can installation of meters and reduced disease incidence due mechanism (GRM) is not in significantly benefit the public stand posts or water to access to drinking water will place. There could also be 89 Result DLIs Environmental Environmental Risks Social Benefits Social Risks Areas Benefits environment as it would kiosks will lead to the lead to increased life temporary displacement of lead to reduced energy generation of dust and air expectancy. There will also be people, coercion for land consumption. pollution, noise and waste. It more hours available for work donation, destruction of access may also result in traffic which will in turn lead to routes, damage to utility lines, obstruction during enhanced income and welfare residential restriction, temporary construction and and better quality of life for the lack of water access during rehabilitation of water people and reduced incidence of rehabilitations and facilities. Associated poverty and vulnerability to discrimination against the very activities may lead to cutting shocks and increased economic vulnerable persons in the down of vegetation and growth. Also, increased access communities (lack of universal impact on fauna species to drinking water will save the access). There could also be thereby leading to loss of labor used for fetching water, OHS risks due to rehabilitation biodiversity. There could especially for women, and thus and construction activities. In also be cumulative impacts result in enhanced income and addition, there could be risks due to pre-existing livelihoods of women. Increase associated with the use of child environmental conditions. in number of people with access labor and exposure to COVID- Risk of contaminants in to basic drinking water service 19. There could also be water which can render will also offer some political increased risks of GBV, SEA water unsafe and of poor gains especially in terms of and SH due to influx of quality. In addition, there political stability and enhanced contractors in the urban and will be increased energy use cooperation of citizens in rural areas where construction for generation of water, and government activities. and rehabilitation are taking this may increase place. There is also possibility greenhouse gas emission. of negative impact on cultural Moreover, installation of heritage. Moreover, although the meters may lead to the DLI will not directly result in generation of e-waste as old conflict, the security situation in ones and malfunctioning some of the States, for example, ones will be removed. Katsina and Kaduna where there is armed insurgency, banditry, ethnic clashes, could pose contextual risk and prevent the achievement of the DLI 4. People with access Indirect environmental The rehabilitation and The achievement of this DLI There could be temporary to a sustainably benefits that will accrue construction activities that will lead to enhanced and displacement of people, functioning water from this DLI include will be carried out in order accelerated private and public coercion for land donation, service. clean environment due to to achieve the DLI will lead health gains due to reduced destruction of access routes, 90 Result DLIs Environmental Environmental Risks Social Benefits Social Risks Areas Benefits improved and sustainable to the generation of dust and incidence of diseases especially damage to utility lines, water and sanitation air pollution, noise and water borne diseases given residential restriction, services, and reduced air waste. It may also result in increased access to water for temporary lack of water access pollution due to proper traffic obstruction during drinking, sanitation and other during rehabilitations and sanitation and hygiene construction and services. Indirectly, reduced discrimination against the very management. rehabilitation of water disease incidence due to access vulnerable persons, for facilities. Associated to drinking water will lead to example women and people activities may lead to cutting increased life expectancy. There with disabilities, in the down of vegetation and will also be more hours communities (lack of universal impact on fauna species available for work which will in access). There could also be thereby leading to loss of turn lead to enhanced income OHS risks due to rehabilitation biodiversity. There could and welfare and better quality and construction activities. In also be cumulative impacts of life for the people and addition, there could be risks due to pre-existing reduced incidence of poverty associated with the use of child environmental conditions. and vulnerability to shocks and labor and exposure to COVID- Risk of contaminants in increased economic growth. 19. There could also be water which can render Also, increased access to increased risks of GBV, SEA water unsafe and of poor drinking water will save the and SH and also risk of spread quality. In addition, there labor used for fetching water, of sexually transmitted diseases will be increased energy use especially for women, and thus due to influx of contractors in for generation of water, and result in enhanced income and the urban and rural areas where this may increase livelihoods of women. Increase construction and rehabilitation greenhouse gas emission. in number of people with access are taking place. There is also Also, the depletion of to basic drinking water service possibility of negative impact ground water due to will also offer some political on cultural heritage. Also, the increased and sustainable gains especially in terms of execution of projects for the supply to customers may political stability and enhanced achievement of this DLI could affect ground water cooperation of citizens in result in quarrels and dependent terrestrial government activities. grievances within the localities ecosystems that will suffer and could stall the projects if from reduced water there is no appropriate GRM in availability. place. Moreover, although the DLI will not directly result in conflict, the security situation in some of the States, for example, Katsina and Kaduna where there is armed insurgency, banditry, ethnic 91 Result DLIs Environmental Environmental Risks Social Benefits Social Risks Areas Benefits clashes, could pose contextual risk and prevent the achievement of the DLI 5. Household with Environmental benefits The rehabilitation and The construction and There could be temporary improved sanitation that will accrue from this construction activities will rehabilitation of sanitation displacement of people, damage facilities constructed DLI include clean lead to the generation of facilities will lead to enhanced to utility lines, residential or rehabilitated under environment due to dust and air pollution, noise health (due to reduced restriction, temporary lack of the program. improved and sustainable and waste. There could also incidence of diseases especially access to sanitation during water and sanitation be cumulative impacts due those associated with poor rehabilitations and services, and reduced air to pre-existing sanitation, for example, discrimination against the very pollution due to proper environmental conditions diarrhea, dysentery), and vulnerable persons in the sanitation and hygiene and other on-going reduced mortality giving that communities in siting household management. construction activities in the poor sanitation is one of the improved sanitation facilities area. The construction major causes of death in a (lack of universal access). There activities may lead to cutting developing country like Nigeria could also be OHS risks due to down of vegetation and where there is poor access to rehabilitation and construction impact on fauna species water and sanitation. Indirectly, activities. In addition, there thereby leading to loss of reduced disease incidence due could be risks associated with biodiversity. to increased access to sanitation the use of child labor during will lead to increased life construction and rehabilitation expectancy. There will also be work. There could also be more hours available for work increased risks of GBV, SEA which will in turn lead to and SH and also risk of spread enhanced income and welfare of sexually transmitted diseases and better quality of life for the due to influx of contractors and people and reduced incidence of workers that will be involved in poverty and vulnerability to the construction and shocks and increased economic rehabilitation work into the growth. communities. 6. Communities Environmental benefits The achievement of this DLI Achievement of ODF+ will lead Implementation of activities for having achieved that will accrue from this could indirectly lead to to enhanced health (due to the achievement of this DLI community-wide DLI include clean pollution risks especially reduced incidence of diseases could result in discrimination sanitation status environment due to during transport, treatment, especially those associated with against vulnerable people in the (ODF+) or number of improved and sustainable and disposal of wastewater poor sanitation, for example, community, for example, in ODF+ communities sanitation services and fecal sludge from pit diarrhea, dysentery), and treatment and disposal of especially safe collection, latrines, septic tanks, and reduced mortality giving that wastewater and fecal sludge 92 Result DLIs Environmental Environmental Risks Social Benefits Social Risks Areas Benefits having maintained transport, treatment, and other onsite sanitation poor sanitation is one of the from pit latrines and in their status disposal of wastewater, facilities if not properly major causes of death in a behavioral change fecal sludge, from pit handled. developing country like Nigeria communication (BCC). There latrines, septic tanks, and where there is poor access to could also be OHS risks due other onsite sanitation water and sanitation. Indirectly, transport, treatment, and facilities. There could also reduced disease incidence due disposal of wastewater and fecal be reduced air pollution to increased access to sanitation sludge from pit latrines, septic due to proper sanitation will lead to increased life tanks, and other onsite sanitation and hygiene management. expectancy. There will also be facilities. Also, some activities in more hours available for work this DLI aligns with MDB which will in turn lead to list of eligible mitigation enhanced income and welfare activities under Category and better quality of life for the 6.1, that is, treatment of people and reduced incidence of wastewater including poverty and vulnerability to wastewater collection shocks and increased economic networks that reduce growth. GHG emission. 7. Schools and Indirect environmental The construction and The achievement of this DLI The execution of projects for the healthcare facilities benefits that will accrue rehabilitation activities that will result in health and achievement of this DLI could with improved water from this DLI include will be carried out in order economic wellbeing and result in temporary disruption of supply, sanitation and clean environment in the to achieve the DLI will lead enhanced education outcomes. academic activities and handwashing facilities schools and healthcare to the generation of dust and Specifically, the construction disruption of operations in constructed or facilities due to improved air pollution, noise and and rehabilitation of sanitation health facilities. This may lead rehabilitated. and sanitation facilities. construction site waste. facilities lead to enhanced to loss an academic session, loss There would also be There could also be health (due to reduced of income, and unintended reduced air pollution due cumulative impacts due to incidence of diseases health consequences (even death to proper sanitation and pre-existing environmental especially those associated of patients who may not be able hygiene management conditions and other with poor sanitation, for to receive medical treatment rehabilitation activities in example, diarrhea, dysentery), during the period of disruption). the schools and health and reduced mortality giving There could also be OHS risks facilities not associated with that poor sanitation is one of due to rehabilitation and the PforR. the major causes of death in a construction activities. In developing country like addition, there could be risks Nigeria. Indirectly, reduced associated with the use of child disease incidence due to labor and exposure to COVID- increased access to sanitation 19. There could also be 93 Result DLIs Environmental Environmental Risks Social Benefits Social Risks Areas Benefits will lead to increased life increased risks of GBV, SEA expectancy. Also, with better and SH and also risk of spread health, there will be reduction of sexually transmitted diseases in the level of absenteeism in due to influx of contractors and schools and increase the construction workers in the retention ability of urban and rural areas where pupils/students and enhance construction and rehabilitation their performance and ensure are taking place. The increased education gains, rehabilitation and construction reduction in school dropout of sanitation facilities in schools rate and other positive and health facilities can also outcomes. This will generally result in disagreements and enhance economic growth and minor conflicts between school wellbeing in the country. and health facility’s operators and construction workers and For the health facilities, even between school authorities and parents which may prevent the achievement of the DLI if appropriate GRM is not in place. There could also be inequities and gender discrimination in the selection of schools and hospitals where construction and rehabilitation of sanitation facilities will take place. Moreover, although the DLI will not directly result in conflict, the security situation in some of the States, for example, Katsina and Kaduna where there is armed insurgency, banditry, ethnic clashes, could pose contextual risk and prevent the achievement of the DLI 94 Annex 3: List of Participants at the Stakeholder Consultation FEDERAL Full Name Organization Title/Designation Phone Number Email Engr. Abdulhamid Gwaram Federal Ministry of Water Resources Project Coordinator 08060779770 a_gwaram@yahoo.com Engr. Dahiru Abdulkareem Federal Ministry of Water Resources Co-Project Coordinator 08033302536 ozikarim@gmail.com Engr. Mamdam Yaknan Federal Ministry of Water Resources Environmental Specialist 08133145785 yhmamdam@yahoo,com Uche Iwuala Federal Ministry of Women Affairs Social Specialist 08033163344 ucheiwuala33@gmail.com Felicia Irima Ngaji-Usiba Federal Ministry of Water Resources Communication Specialist 07062742237 Felicia.ngajiusibe@gmail.com Odinakachi Eric Eme FPIU TA Environmental Officer 08062691671 odinakaeme@gmail.com Donald Okongwu FPIU TA Social Officer 08039127013 Donaldokongwu@gamil.com PLATEAU STATE Full Name State Organization Title/Designation Phone Number Email Hon. Saád I. Bello Plateau Ministry of Water Resources Commissioner 08065249369 saadbelloyuli@gmail.com and Energy Ezekiel Pam Plateau Ministry of Water Resources Permanent Secretary 08036199865 pameze@gmail.com and Energy Jonathan Malann Plateau SPIU Coordinator 08036158268 maltibwe@yahoo.com 95 Jelkyes Dakat Plateau Ministry of Water Resources Director Dams and 08036319245 dakatjelkyes@gmail.com and Energy Reservoir Operation Bitrus Sule Dakup Plateau Wase LGA Director WASH 08035770649 watle01@yahoo.com Maurice pienput Plateau Pankshin LGA Director WASH 08182512530 pienputmaurice7@gmail.c om Elias Kurmi Adi Plateau Kanam LGA Director WASH 08036807075 kurmiadi02@gmail.com Albert Chaimang Plateau Ministry of Environment Director Environment 08035398111 achaimang@gmail.com Assessment Peter Kasam Plateau Plateau Rural Water Supply General Manager 08035863998 nenrot@gmail.com and Sanitation Agency Stella Buge Plateau Plateau State Water Board General Manager 08036459547 stellaakura@gmail.com Saje Joseph Adeh Plateau Ministry of Education Project Coordinator 08036148056 plateauagile@gmail.com AGILE Mafwalal Bunah Masok Plateau Ministry of Health Director Planing 08039668234 bunahmafwalal@yahoo.c Research and om Statistics Nvou Shwom Plateau CBD-NGO Forum Coordinator 08033820774 vouzipam@gmail.com Emmanuel Domkat Plateau Drillers Association of Secretary General 08035998973 emmanueldomkat@gmail. Nigeria (Private Sector) com Hannatu Davat Plateau Bokkos LGA Sanitation Officer 08065797076 hannatudavat@gmail.com Monday Chollom Plateau Cabinet Office Jos Director Labour 08065104224 chollommonday@gmail.c om Mary Chuwang Plateau Ministry of Women Affiars Director Women 08063548693 marychuwang@gmail.co Affiars m Hon Barr Tony Umezuruike Imo Ministry of Water Resources Commissioner 08033263633 tonychiedoumez@gmail.c om Lady Angela Ihenacho Imo Ministry of Water Resources Permanent Secretary 08033742253 ihenachoangy@gmail.co m 96 Mrs Sabina Onwuchi Imo Ministry of Environment Permanent Secretary 08037938733 onwuchisabina@yahoo.co m Mr Nnamdi Agwunobi Imo Bureau of local Government Permanent Secretary 08033386010 alakaycee@yahoo.com Affairs Engr Emeka C Ugoanyanwu Imo Imo State Water & Sewerage MD/CEO 08033410762 celeugo2012@gmail.com Corporation Mr Chibuzo Ezigbo Imo Imo State Small Town Water GM 08033386251 chibuzoezigbo@yahoo.co Agency m Mr Edom Chikadibia Imo RUWASSA GM 07031077700 edomite2013@gmail.com Engr Henry Adiruo Imo Imo State Water & Sewerage SPLO 08062328177 henkunny@yahoo.com Corporation Engr Charles Iheka Imo Imo State Water & Sewerage HOD Engineering 08037762993 iheka05@gmail.com Corporation Services Assumpta Okorie Imo Imo State Water & Sewerage Communication 07066878955 assumptaogochukwu10@ Corporation Specialist gmail.com DELTA STATE Full Name Organization Title/Designation Phone Email Rt. Hon. Martin Okonta Ministry of Water Resources Develop. Honourable Commissioner 08037094288 Number martinokonta2019@gmail.com Dr. Mrs. Felicia Adun Ministry of Water Resources Develop. Permanent Secretary 08033936524 feladun@yahoo.com Engr. Nosakhoro Okoh Urban Water Corporation General Manager 07064252994 nosakhoro@yahoo.com Engr. Tony Unuafe Small Town Water and Sanitation General Manager 08032686975 engrtonnevsky@yahoo.com Agency Engr. Henry Idama Regulatory Unit Chairman 08037170678 idamaonwi@gmail.com Mr. Paul Oyeye Directorate of Local Government Director Planning & Statistics 08165070791 oyeyepaul4@gmail.com Affairs Mrs. Bekederemo Ngozi Directorate of Local Government Asst. Admin Officer 08030918374 bekederemongozi@gmail.com Affairs 97 Mr. Lucky Agbamu Delta State Waste Management Board Asst. Chief Environment Health 07019056336 agbaluck@gmail.com Officer Engr. Clement Adiotomre Rural Water and Sanitation Agency Focal Person/ General Manager 08062075333 cadiotomre@gmail.com Mr John Imilar Ministry Oof Water Resources Director Planning & Statistics 08037751024 johnimilar@yahoo.com Develop. Mrs. Winifred Okocha Ministry ofEnvironment Asst, Chief Scientific Officer 08033832058 adaobiokocha07@gmail.com Mr. James Oghenejabor Ministry of Women Affairs Asst. Director 08033890248 James7oghenejabor@gmail.com Mr. Augustine Omolu Labour Relations & Servicom Asst. Chief Admin Officer 08035092088 omoluuche@yahoo.com Mrs Olubunmi Agwai Ministry of Health Imci Focal Officer 08033004934 bunmitagwai@yahoo.com Engr. Dr. (Mrs) Juliet Ministry of Works Director Urban & Rural Roads 08033808875 jaboloje@yahoo.com Chukwulozie Aboloje (North) Mr. Victor Okolie Environmental Protection Agency General Manager 08037870354 okolievik27@gmail.com Mr. Famous Olise Lga Wash Unit – Ndokwa West Lga Head Of Department 08064503055 olisefamouse@gmail.com Mr. Princewill Mordi Africa Initiative For Environment Executive Director 08068354868 aiesendev@gmail.com Sustainable Network Engr. Akponovo O. Festus Ministry Oof Housing Director Residential Building 08033800211 festusakponovo@gmail.com Dr. Ighoro Alex Ministry of Economic Planning Rep. Honourable Commission 08033486720 ighoroalexander@gmail.com Dr. Andrew Agboro NEWSAN Program Manager 09032932291 dragboro@gmail.com 08030556836 Chief Monday Itoghor ENVIRUMEDIC CEO 08030945108 ogheneruona.itoghor@gmail.c om 98 Mrs. Josephine Ayomike Women in WASH President 07034614209 jossyayomike@gmail.com Mr. Princewill Mordi Initiative for Environment Sustainable Executive Director 08068354868 aiesndev@gmail.com Development Mr. Akpe Casimir Safen Integrated Initiative MD/CEO 08032685632 safenintegrated@gmail.com Mr. Sunday Iwemjiwe Hygiene Environmental Services CEO 08135553477 iwemjiwe@gmail.com Initiative Chief Mrs Ella.O.Okunu Hope for Youth and Women Coordinator 08032478631 hopeyouth7@gmail.com Empowerment Initiative Mr. Itimi Sylvester Environmental Protection Promotion Executive Director 08030652360 environmentalpromoters@gmai Initiative l.com 08071237602 Mr. Melody Ogweezy Community Integrity Initiative Executive Director 08036747012 comintegrity@yahoo.com Jonathan Dike Lifestreams Care International Executive Director 08036600142 revjonathandike@gmail.com Initiative 07014572441 Keneboh Augusta Afro Centre for Development, Peace Executive Director 08063320180 augustaimpact@yahoo.com and Justice 09033824833 Agboro Harrison African Human and Environmental Executive Director 08073544664 Harrisonagboro1@gmail.com Relief Organization Abanuum Ngozi Edi-Moe International Services Executive Director 08037356710 mydearfrancis@gmail.com Company 07038646464 GOMBE STATE Full Name Organization Title/Designation Phone Number Email Hon. Mijinyawa Yahaya Ministry of Water Resources Honorable Commissioner 08035887479 geomiji@gmail.com Haj. Laraba Ahmed Kawu Ministry of Water Resources Permanent Secretary 09026761751 Engr. Magaji A. Difa Gombe State Water Board General Manager 08080659124 engrmagajidifa@gmail.com Engr. Salisu Abdullahi Ministry of Works & Housing Principal Civil Engineer 08028686229 engrsaalis@gmail.com 99 Sa’ad Mohammed Yuguda RUWASA AGM [WASH] 08136651683 abuyaseer3004@gmail.com Mohammed Auwal Jibrin SUBEB UFO/Sector 08161546719 auwaluranga@yahoo.com Titunuwa S. Dogonbaya Ministry of Health Deputy Director 07061393929 tdogonbaya@gmail.com Hassan Ahmed Shua’ib Ministry of Water Resources Dep. Director Water 08064436464 hamanjop@ gmail.com Sa’idu Dauda Gadam Ministry of Education Asst. Director 08035537727 Saidudauda89@gmail.com Fibi Yusuf Dutse Ministry of Women Affairs & Social Director Women Development 08036909529 yusuffibi@gmail.com Development Umar Musa Kwami (PhD) GOSEPA Head of Sanitation 07039740341 umarkwami@gmail.com Umar Usman Alhaji Ministry of Environment SCI Officer 09030552193 umarusmanalhaji@gmail.co m Umar Abdullahi RUWASA I C T Expert O8034248364 Umarictgsu@gmail.com Samuel D. Kolmi Gombe State Water Board State Focal Person 08032750857 samueldkolmi@gmail.com Abubakar Lumumba RUWASA AGM (Water Supply) 08031121004 a.lumumba70@gmail.com Dr. Ishiyaku M. Mohammed Budget, Planning & Development Special Adviser 07030267552 ishiyakum@gmail.com Partners Coordination Office. Ohanusi Stella Doma Edu.Dev.Foundation Child Safeguard Officer 08034099171 Isa Ishaku Bearing in Mind Action to Save Life Executive Director 07085359207 Ezra Sori Ministry for Local Govt. &CA DPRS 0706372490 ezrasoritula@gmail.com Umar Musa Kwami GOSEPA CHO 07039740541 umarkwami@gmail.com Idris Maigari LawantiL Lawanti Lawanti Comm.Dev. Program Manager 08069694055 lawantiidris@gmail.com Foundation 100 Jenom J. Bayero Kishimi Shelter & Care Foundatio Program Officer 07065595399 Jenom.bayero89@gmail.com Sulaiman Bello RUWASSA M & e Assistant 08086123448 Esmanbee@gmail.com EKITI STATE Full Name Organization Title/Designation Phone Number Email Hon. Bamidele Faparusi Ministry Infrastructure & Public Commissioner 08037191033 delefappy@gmail.com Utilities Engr. Olumide Ajayi Ministry Infrastructure & Public Permanent Secretary 08034120108 oajayi@ekitistate.gov.ng Utilities Mr. Bamidele Agbede Ministry of Works & Transportation Permanent Secretary 08038515055 bagbede@gmail.com Engr. S. O. Komolafe Ministry of Local Government Affairs Permanent Secretary 08033888322 lanrekomolafe65@gmail.com Dr. Mrs Osundare A.G Bureau of Employment Labour & Permanent Secretary 08036084349 osundareadebimpe@gmail.com Productivity Dr. Akinyugha Akinyemi Governor’s Office Senior Special Adviser 07081514322 yemiakinyugha@gmail.com Mr Ayo Alegbeleye Rural Water Supply and Sanitation General Manager 08034719995 olusailor@yahoo.com Agency Okeya Kolade E Ekiti State Environmental Protection Director, Pollution Control koladeokeya@gmail.com Agency 08132626362b Engr. Ajayi Festus Ministry of Local Government Acting Director v 08035030764 ajayifsa@yahoo.com.uk O.T. Akomolafe Ministry of Education & Science Assistant Director 08034175539 topakoms2013@gmail.com Technology Segun Afun Federation of Water Consumer Federation Chairman 08038657235 olusegunafun@gmail.com Association Peter Abimbola State Environmental Protection DPP 07086067395 abimbolaoluwaseun16@gmail.c Agency om Fasoyo Foluso Ekiti State Water Corporation Environmental Safeguards 07060907685 folu411208@yaho.com Officer 101 Dr. Mary Adeyanju NEWSAN adeyanjumary@yahoo.com Barrister Nuni Ogunrotimi Gender mobile info@gendermobile.org Pro. C.T Oluwadare Coalition of Civil Society Organization Femi Owolabi Environmental Management and femibioconsult@yahoo.co.uk Development Trust Sir. Olu Ogunrotimi EDFHOL oluogunrotimi@edfhol.ng.org Dr. Olufemi Aluko Nigeria Network for Awareness and Ooaluko@gmail.com Action for Environmental Health Esan Dapo Gender Relevant Initiative Promotion- ritailevbare@gmail.com Grip Oluwaseyi Ebenezer Triple G oluwaseyiebenezer@gmail.com Emenald Vincent Emenald Landscape Emendenvironmental02@gmail .com Gbenga Samuel Balm in Gilead Foundation for Bigif4development@gmail.com Sustainable Development KATSINA STATE NAME ORGANISATION /ADDRESS DESIGNATION PHONE NO. E-Mail Hon. Musa Adamu Funtua Ministry of Water Resources Commissioner 08086963169 h.maf96@yahoo.com Muhammad Bashir Usman Department of Higher Education Special Adviser 08036185681 mbashirusman@gmail.com Rabiu Abdu Ruma Ministry of Water Resources Permanent Secretary (State 08033766881 rabiuabdu01@gmail.com SUWASH Focal Person) Muntari Kado Ministry of Environment Director 08037616374 muntarikudoss@gmail.com Engr. Aminu Dayyabu KT-RUWASSA Executive Director 08026990089 aminudayyabu69@gmail.com Ibrahim Dasuki A. KT-State Water Board Managing Director ibrahimdasuki84@gmail.com 102 Aisha M. Yusuf Advocacy, Sensitization and Gender Executive Director 08066967445 aishamyusuf@yahoo.com Base Sensitivity Empowerment Organization (NGO) Isah Barda STATE ENVIRONMENTAL Executive Director 08025477544 iszas2000@yahoo.co.uk PROTECTION AGENCY Isyaku Idris Funtua Ministry of Water Resources D.D (CNC) 08033033379 isyakuidris69@gmail.com Muhammad Bawa Karofi Department of Rural & Semi Urban Director 08039690655 bawa.iliya@yahoo.com Water Supply Rabi Mohammed Gender and Social Inclusiveness Katsina 08065279626 hajiayabi@gmail.com (CSO) Ja'afaru Labaran D Ministry of Water Resources Director 08060763518 labarandaura@gmail.com Rabiu Umar Galadanchi Department of Rural & Semi Urban A.D (SUWS) 08031195667 rabiuumargalali@gmail.com Water Supply Ahmad M. Gafai Ministry of Water Resources AD (P) 08065293418 ahmadmga@gmail.com Anas Nasir Faskari KT-RUWASSA Geologist I 08032258137 anaseerfaskari@gmail.com Kabir Usman KT-RUWASSA Sanitation Engineer 08036500393 elkabir84@gmail.com Engr. Abdullahi KT-RUWASSA Water Engineer 08032503753 abdallahwren@gmail.com Engr. Bilyaminu Dayyabu KT-RUWASSA Electrical Engineer 08034269482 bilyasafana@gmail.com Safana Tajuddeen Ma’aruf Kofar Bai Society for Women Development State Coordinator 08034407026 tajuddeenmaaruf@gmail.com and Empowerment of Nigeria (SWODEN) Rabi Muhammad Gender and Social Inclusion Chief 08062279626 hajiayabi@gmail.com Bala Jibrin Advocacy Sensitization and Gender Program Officer 08035891591 asagbempower@gmail.com Base Sensitivity IMO STATE Full Name Organization Title/Designation Phone Number Email Hon Barr Tony Umezuruike Ministry of Water Resources Commissioner 08033263633 tonychiedoumez@gmail.com 103 Lady Angela Ihenacho Ministry of Water Resources Permanent Secretary 08033742253 ihenachoangy@gmail.com Mrs Sabina Onwuchi Ministry of Environment Permanent Secretary 08037938733 onwuchisabina@yahoo.com Mr Nnamdi Agwunobi Bureau of local Government Affairs Permanent Secretary 08033386010 alakaycee@yahoo.com Engr Emeka C Ugoanyanwu Imo State Water & Sewerage MD/CEO 08033410762 celeugo2012@gmail.com Corporation Mr Chibuzo Ezigbo Imo State Small Town Water Agency GM 08033386251 chibuzoezigbo@yahoo.com Mr Edom Chikadibia RUWASSA GM 07031077700 edomite2013@gmail.com Engr Henry Adiruo Imo State Water & Sewerage SPLO 08062328177 henkunny@yahoo.com Corporation Engr Charles Iheka Imo State Water & Sewerage HOD Engineering Services 08037762993 iheka05@gmail.com Corporation Assumpta Okorie Imo State Water & Sewerage Communication Specialist 07066878955 assumptaogochukwu10@gmai Corporation l.com Widow and Orphans Empowerment Program Officer Victor Adibe Organization (WEWE) 07031788430 adibev1983@mail.com Community Youth Development Program Officer Felix Fame Initiative (CYDI) 07068603136 socifelixfame@mail.com Safety Awareness and Environmental Asst. controller Gen. ( Ohaeri Kelechi Support Initiatives (SAESl) 09038669071 kelechistonle53@mail.com Society for Water and Sanitation State Coordinator Ikenna Anumnu (NEWSAN) 07039324146 anumnuikenna@yahoo.com Open Arms Initiative for Sustainable Executive Director Juliet Okeiyi Development (OPAISD) 08038406185 aisdint@yahoo.com Christian Fellowship and Care Campaign Manager Ezeigwe Clinton Foundation (CFCF) 08104562547 ezedintik@yahoo.com Anukam Samuel Reorientation for Safety Environment 08038941081 anukamsamue12017@mail.co Executive Director m Global Health Awareness Research Executive Director Prof. Obioma Nwaorgu Foundation (GHARF) 08037097410 obinwaor u mail.com 104 KADUNA STATE NAME ORGANISATION DESIGNATION PHONE No EMAIL ADDRESS Sanusi A.S Maikudi MD/CEO 09028416549 sanusihmaikudi@gmail.com 08037262257 Aminu Suleiman Soba DIR. Quality Control 8033915525 aminusuleiman@gmail.com Engr Dantata Garba Director Operation 7037700291 dantatagarba@gmail.com Tauri M Kudungu Director Corporate Planning 8036010843 kudugutauri@gmail.com Fatima L Abdullahi Secretary Legal Adviser 8023644706 abdullahifatimaladi@gmail.com /Head of Admin Engr Shehu Tanimu R KADSWAC Special Assistant to 8034419632 tanimushehu39@gmail.com Managing Director /CEO KADSWAC Engr Hamaq H Ndandok Deputy Director Corporate 8024778248 hndandok@gmail.com Planning Ibrahim Bashir Principal Technical Officer 8032772143 shuraim2000@gmail.com Samaila Hadi Usman DIR. Monitoring, 8028333509 isamaila.usman@kdsg.gov.ng Enforcement &Compliance Musa Adamu Ministry of Local Government PERM.SEC 8037010695 musa.adamu@kdsg.gov.ng Affairs Dr Sunday Ogala Akoh Nig. Environmental Society (NES) Chairman 08023322396 akohonline@yahoo.com Engr. Aminu Isah Nigeria Environmental Society (NES) Secretary 08032146695 aminu245100@gmail.com Rev. Kuzasuwat I. Peter NEWSAN State Coordinator 08096581591 locomnig@yahoo.com Doris S. Zakama NEWSAN PRO 08037149542 shannidoris@yahoo.com Nasir Abbas Water Right Initiative Director 08033334562 Nasirabbas4real2gmail.com Helen Egbu NES Member 08033053805 Helenegbu2003@yahoo.co.uk 105 Annex 4: The environmental and social issues, the questionnaire and discussion points and responses from State representatives Key questions and discussion points and responses from the representatives from Plateau State Result Areas Key Questions Responses RA 1: What specific laws, regulations, procedures, EIA Act. No. 86, 1992 Strengthened legislation or other mandatory legal instruments Additional Law is to be shared and is in sector policies through which to ensure that the technical capacity draft stage. and for assessing and managing E&S risks, preparing institutional or reviewing ESIAs, supervising environmental capacity for management on construction sites and WASH improved assets/supervising OHS aspects. services Do you have an environmental law and regulation Yes in your state? Agencies Urban under the Plateau city water corporation. Small town agency looks at other municipal area councils and populations more than 5000. Rural water is under RUWASs looks at populations under 5000. Does the law and regulations in your state contain No. environmental assessment requirements for No state laws specific to state federal is projects and procedures for carrying it out? used. Do you have an EIA process in your state or We followed the Federal Government follow that of the EIA Act of the Federal EIA Process Government? Are EIA certificates given at the completion of Yes- ESIAs are reviewed by the State ESIAs for proposed activities? EPA and a certification is issued. No env Certifications are being issued at the state level. The State Env Ministry depends on the Federal MoE to facilitate EIA/ESIA process. In the Wash sector- Apart from ESIA the water sector law has permits and licensing procedure to allow ENV clearance from the relevant agencies. Can a sample EIA report be shared carry about the WASH ministry? Do you have labor laws in your state? If yes, does Yes it cover the issues of child labor especially for the water sector? Do you have any past experiences with child labor issues? 106 Result Areas Key Questions Responses Do you have OHS standards for WASH related No- Looking at developing standards on infrastructure/services and contractors operating in OHS when the laws are being reviewed. your state? If yes, what are the means of Currently no specific standards exist. enforcement? Do you have Waste management laws and Yes, the project proponent prepares a procedures? How is solid waste management waste management plan that must handled in your state with regards to civil works conform to the State Laws activities in the water sector. Construction waste and debris is a project proponent responsibility, he she would be needed to do SWMP. It is embedded in the ESIA or ESMP. Designated dumping areas for waste and no segregation is done so construction work is also open dumped at the same location. They are looking at a recycling program to be implemented next year for the dump sites, statewide. Do you have the appropriate staff strength and No qualifications of staffing assigned for The staffing in their view within the environmental and social management? PESA is inadequate. Need capacity and human capital development here. Capacity building is needed according to them in almost all areas including the need for membership in professional bodies. The WASH agency has no unit that oversees environmental issues. Reply solely on PEPSA and MOE. What are the processes for Information All reports are advertised on print and Dissemination, Public Disclosure, and electronic media and displayed publicly Communication for 21 working days at State and LGA levels Are there non-state actors such as NGOs that play Yes important roles in the WASH sector in your state? The State team should list out the NGOs Do you have requisite skill sets to collect and No- the Skills are not available while the process WASH data related to environmental and manpower is available. Local level social issues? capacity should be improved in the Do you collect data related to project siting and PRUWASA. There are no E and S convenience for women, the physically challenged officers at the PRUWASA level. and the vulnerable? Do you collect data on gender issues, harassment No and exclusions? Do you collect data related to project grievances? No How do you escalate project related grievances and manage feedback system with stakeholders? No By engaging the aggrieved party for resolving the grievances- Documents Process is to be shared by state 107 Result Areas Key Questions Responses What mechanisms do you have in place to measure the following E&S parameters in existing WASH Limited as indicated by the state below institutional policies such as: No guidelines available on effluent - Accessibility (disabled and the vulnerable management- the state environmental law group) has it, this law is being reviewed, water - Gender Issues resources do not have it. Sludge - Effluent Management Management and Handlining hazardous - Grievance Redress waste is part of the Env Law. (The laws - Stakeholder engagement are to be shared) - Land Contamination Cultural Heritage and SE are in the - Water Contamination WASH Policy and Water Law - Occupational Health and Safety GRM is not in any of the policies - Cultural Heritage -None - Handling of hazardous materials - sludge management - WASH POLICY- g - None - None - WASH Policy - None - WASH Policy and Law - None -Sector Law - None - None What E&S monitoring systems exist to ensure None inclusiveness and adherence to standards in health Should be in WASH POLCIY, ENV and sanitation services. LAW or WATER LAW ▪ Do you collect WASH utility implementation ▪ Yes data in any part of the state? ▪ How do you collect, collate and further ▪ During WASH Sector Coordination process and warehouse the data? Meeting ▪ On what platform is this data processed and stored? ▪ No Platform ▪ Where this data relates to people, are they analyzed demographically to reflect gender, ▪ No age, location and category of issues? ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, ▪ Yes gender issues, etc.? No oversight on E and S run by the with the WASH agencies- all the due diligence is under the purview of the MoE and PESA. If for instance a WASH project is carried out at the RUWASA level how does the PESA and MOE Monitor. Team 108 Result Areas Key Questions Responses ▪ Do you have a database of urban water ▪ Yes utilities that monitors performance? ▪ What are the KPIs or issues tracked that informs performance or otherwise of water ▪ Number of connections, NRW, Billing utilities? of Collection Efficiency RA 2: Do you have a Grievance Redress Mechanism for ▪ No Improved all stakeholders? access to water How are public complaints channeled and what is ▪ Costumer care office, costumer supply and the process for handling & resolving complaints? consultative forum. sanitation and Do you have a system that effectively manages the No hygiene E&S performance of contractors, including Procurement process is based on the state services. contractor selection, routine supervision, quality procurement rules and includes aspects on control and corrective actions? Environmental Aspects- A copy will be shared of the state procurement rules. Obligations of the contract are captured for WASH projects in their contract documents- can we get some examples of bidding documents for WASH projects. What E&S Quality assurance and control systems Sector coordination meetings – are held exists and how does this work? quarterly. What is the organizational policy, structure, No procedure, and culture to carry out stakeholder Sector conducted media briefing to share engagement and publicly disclose appropriate info with the public on what they do. information? Are the appropriate E&S staff domiciled in your No organization? And what are their technical skills? There are no staff designated they are domiciled at the MoE and PESA. How Many Staff under EIA DPT- 3 skilled staff supported by unskilled staff? Specialties of the staff include Env Engineer, Botanist and a Geologist. The staffing is not adequate to handle all the projects according to the agencies. Do you have the capacity to conduct No- the WASH agencies indicated they environmental and social assessment of proposed do not as they don’t have inhouse staff projects such as: preparation of TORs for E&S they are unable to do so. Assessments, institutional responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively manages the Yes- Technical departments within the E&S performance of contractors, including Ministry of WRs do that contractor selection, routine supervision, quality control and corrective actions? Capacity to set up a Grievance Redress Yes Mechanism to receive and facilitate resolution of project-related concerns and grievances 109 Result Areas Key Questions Responses Do you have environment, health and safety No- guidelines for urban water supply in the state? Health and Safety manuals are available and will be shared with us. Do you have regulations or guidelines on water No quality/effluent management? These guidelines are not available at the UWC and the MoE department conducts monitoring of the effluent quality to ensure it is within a certain standard. Assessment Department and Pollution control Departments. They rely on the standard of the National Env Agency. Water Quality standards are follows as per WHO and SON standard for drinking water. How do you manage on-site and post-project Conduct test on effluent before discharge runoff of polluted water, controlling sources of Assessment Departments and Pollution pollutants, and treating contaminated water before control Departments. They rely on the discharge into drainage systems or receiving standard of the National Env Agency waters? conducts periodic monitoring. What are the systems in place to identify and manage the environmental and social risks associated with the construction and rehabilitation of water services for healthcare facilities and schools? What are the systems in place to manage the None environmental and social risks associated with the The WASH Departments that walks in operation and maintenance of water services in the local gov and work with RUWAS. schools and healthcare facilities? The WASH Departments is responsible for looking and will manage wash activities in the school and health care facilities at the local level. Do you have policies and guidelines addressing No public and worker safety and school health, including for school infrastructure? Do you have Waste management laws and Yes, the project proponent prepares a procedures? How is solid waste management waste management plan that must handled in your state with regards to civil works conform to the State Laws activities in the health and education sector UBEC/SUBEBs has put in place the Minimum None Standards for Infrastructure Development Segregated gender toilets are taken into including gender-sensitive toilets. What are the consideration- the Standards regulatory mechanisms on synergy? What are the state policies on gender, disability Gender equal opportunity Law, violence and gender-based violence in the state and plans in against persons prohibition bill- copies of addressing them? the laws to be sent Do you have E&S policies/regulations/action plans No with respect to installing water facilities/ services There are regulations these will be shared. in the health and education sector in your state What are the procedures to ensure that the safety None of workers is guaranteed? OHS procedures not available 110 Result Areas Key Questions Responses Do potential Contractors prepare a Contractor’s Yes Environmental and Social Management Plan Each contractor is required to do a (CESMP) before mobilization to CESMP. Can a recent CESMP sample be site/commencement of civil works?? shared. Are Environmental and Social Management Yes mitigation measures/clauses captured in bidding Bidding documents include binding documents/contracts? clauses exist and if noncompliance is noticed deductions can be made from payment schedule. What is the mechanism in place to identify suitable Vulnerable population, geophysical and land for the establishment of WASH facilities? hydrological survey How do you track the functionality of the different Nil E&S systems In WASH project? Are drainage management systems built into the Yes – a example design will be sent design of water facilities? • What were the safety considerations for the • Distance of facility to water sources location of sanitation and hygiene facilities? • Yes, it has been recorded • Are there issues of child abuse or GBVH associated with influx in any of the communities where sanitation and hygiene facilities have been provided? • Yes • Was there adequate consultation of stakeholders in the provision of sanitation and • Evacuation, transportation and proper hygiene facilities? disposal- Evacuation and safe • What are the systems in place for human disposal. A proper disposal area is a waste management? land where the land is already • What capacities exists in communities to degraded according to the agency. sustainably operate, manage and maintain • Designated dumps for Solid waste rural water supply facilities exist and even sludge and waste from soakage pits are taken here. There are others that have been designated for liquid • Community institutions (WASHCOMs, WCAs) • What are the systems in place to identify and • None manage the environmental and social risks associated with the construction and rehabilitation of sanitation and hygiene facilities for healthcare facilities and schools? • What are the systems in place to manage None environmental and social risks associated with the operation and maintenance of sanitation and hygiene facilities in schools and healthcare facilities? • Do potential Contractors prepare a Yes- copies to be sent Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works? 111 Result Areas Key Questions Responses • Are Environmental and Social Management Yes- copies to be sent mitigation measures/clauses captured in bidding documents/contracts? • What mechanisms have been put in place to • Trainings on VLOM, Bookkeeping- build the capacity of communities/ LGAs to maintain water and sanitation facilities sustainably? • Evacuation and safe disposal. A • How are sludge and solid waste managed proper disposal area is a land where across communities? the land is already degraded • Do you have a policies, laws and regulations according to the agency. on water and sanitation in your state? • Designated dumps for Solid waste exist and even sludge and waste from soakage pits are taken here. There are others that have been designated for liquid waste. • Yes- state laws will be shared- WATER AND SANITATION POLICY 2017, WASH POLICY 2012. GROUND WATER DEV REGULATIONS. WATER SECTOR POLICY 2019 • How do households handle fecal waste By using private operators in Urban disposal safely? Areas and burying in Rural areas. In urban areas waste from soakage pits are taken to designated dumps and in rural areas they are buried. Deep burying is undertaken. • How is Sludge and Solid Waste management • Treatment, containment, evacuation handled? and transportation and disposal- in designated dump site as mentioned. • Do you have policies on sludge and solid • Yes- Policy is to be sent to us waste management? • What regulations and guidelines exists to • None manage occupational health and safety risks associated with the provision of water and sanitation services to communities and how are they managed by service providers? • None • What regulations and guidelines exists to manage community health and safety risks associated with the provision of water and sanitation services to communities and how are they managed by service providers? 112 Key questions and discussion points and responses from the representatives from Katsina State Result Areas Key Questions Responses RA 1: What specific laws, regulations, procedures, Strengthened legislation or other mandatory legal sector policies instruments through which to ensure that the and institutional technical capacity for assessing and managing Nil capacity for E&S risks, preparing or reviewing ESIAs, All the agencies are operating under common improved supervising environmental management on regulations. All sanitation laws and services construction sites and WASH environmental laws are part of the state of the assets/supervising OHS aspects. law and they confirm with the federal laws. All MDAs are established by an enabling law from the state house assembly. • Katsina State EPA Law-2018 • Katsina State Water Board Law of 1987 • Katsina State Water Agency Law Copies of Laws must be sent Do you have an environmental law and Yes regulation in your state? • Katsina State EPA Law-2018 • The National EIA law is followed there is no domesticated EIA Law Does the law and regulations in your state Yes contain environmental assessment requirements • for projects and procedures for carrying it out? Do you have an EIA process in your state or Follow that of Federal Government (FG) follow that of the EIA Act of the Federal Government? Are EIA certificates given at the completion of Yes ESIAs for proposed activities? • EIA Certificated are issued at the Federal Level Do you have labor laws in your state? If yes, Yes does it cover the issues of child labor especially • It does not have labor laws. for the water sector? Do you have any past experiences with child labor issues? Do you have OHS standards for WASH related • No occupational health standards infrastructure/services and contractors available in the state. operating in your state? If yes, what are the means of enforcement? Do you have Waste management laws and Yes procedures? How is solid waste management Kaduna State Environmental Protection Law handled in your state with regards to civil and amended in 2018 by state assembly. works activities in the water sector. Including SWM By using semi-automated. Do you have the appropriate staff strength and No qualifications of staffing assigned for environmental and social management? What are the processes for Information Conventional and Social Media Dissemination, Public Disclosure, and Television, print media, radio, public service Communication announcements, townhall meetings, through religious institutions also. A sample to be sent 113 Result Areas Key Questions Responses Are there non-state actors such as NGOs that Yes play important roles in the WASH sector in An NGO was present the name was not clear your state? Do you have requisite skill sets to collect and Nil process WASH data related to environmental and social issues? Do you collect data related to project siting and convenience for women, the physically challenged and the vulnerable? Do you collect data on gender issues, harassment and exclusions? Do you collect data related to project grievances? How do you escalate project related grievances and manage feedback system with stakeholders? What mechanisms do you have in place to Nil measure the following E&S parameters in Community Committees oversee finished existing WASH institutional policies such as: projects- CBOs. WASH Coms at Local - Accessibility (disabled and the Government. vulnerable group) - Gender Issues RUWASA Organogram has to be shared. - Effluent Management - Grievance Redress - Stakeholder engagement - Land Contamination - Water Contamination - Occupational Health and Safety - Cultural Heritage - Handling of hazardous materials - sludge management What E&S monitoring systems exist to ensure Nil inclusiveness and adherence to standards in WASH COMS and CBOs can and due to some health and sanitation services? extent monitor. RUWASA has a unit to do community mobilization ▪ Do you collect WASH utility Nil implementation data in any part of the state? ▪ How do you collect, collate and further process and warehouse the data? ▪ On what platform is this data processed and stored? ▪ Where this data relates to people, are they analyzed demographically to reflect gender, age, location and category of issues? ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, gender issues, etc.? 114 Result Areas Key Questions Responses ▪ Do you have a database of urban water Nil utilities that monitors performance? ▪ What are the KPIs or issues tracked that informs performance or otherwise of water utilities? RA 2: Do you have a Grievance Redress Mechanism Nil Improved for all stakeholders? access to water How are public complaints channeled and what supply, is the process for handling & resolving sanitation and complaints? hygiene Do you have a system that effectively manages Nil services. the E&S performance of contractors, including contractor selection, routine supervision, quality control and corrective actions? What E&S Quality assurance and control Nil systems exists and how does this work? NESRIA standard has been domesticated and used. What is the organizational policy, structure, Nil procedure, and culture to carry out stakeholder Community town hall meetings are held engagement and publicly disclose appropriate information? Are the appropriate E&S staff domiciled in Nil your organization? And what are their technical Environmental officer part of the Water and skills? Sanitation and Dept. a Sociologist also in the RUWASA. 2 EOs Urban center has a Water Quality control officers that monitor water quality. Do you have the capacity to conduct Nil environmental and social assessment of They need technical assistance and training but proposed projects such as: preparation of TORs currently do not have full capacity. for E&S Assessments, institutional responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively manages Nil the E&S performance of contractors, including Procurement Agency in the state has a process. contractor selection, routine supervision, They will share a copy with the E and S areas quality control and corrective actions? highlighted. Capacity to set up a Grievance Redress Nil Mechanism to receive and facilitate resolution of project-related concerns and grievances Do you have environment, health and safety Nil guidelines for urban water supply in the state? Do you have regulations or guidelines on water Nil quality/effluent management? Only Water Quality Standards for Nigeria are used. National Standard for Drinking Water Quality 115 Result Areas Key Questions Responses Other issues won’t be in this standard. How do you manage on-site and post-project Nil runoff of polluted water, controlling sources of They don’t test effluent quality before pollutants, and treating contaminated water discharge before discharge into drainage systems or receiving waters? What are the systems in place to identify and • School Based Management manage the environmental and social risks Committee (SBMC) associated with the construction and • Water, Sanitation and Hygiene rehabilitation of water services for healthcare Committees (WASHCOM) facilities and schools? • Volunteer Hygiene Promoters (VHPs) • Environmental Health Club (EHC) What are the systems in place to manage the • School Based Management environmental and social risks associated with Committee (SBMC) the operation and maintenance of water • Volunteer Hygiene Promoters (VHPs) services in schools and healthcare facilities? • Environmental Health Club (EHC) Do you have policies and guidelines addressing School National Environmental Safety Policy public and worker safety and school health, including for school infrastructure? Do you have Waste management laws and Solid waste is handled as per the environmental procedures? How is solid waste management law of the state. handled in your state with regards to civil works activities in the health and education sector UBEC/SUBEBs has put in place the Minimum Using Harmonized Drawing and Technical Standards for Infrastructure Development Specification that in cooperate gender sensitive including gender-sensitive toilets. What are the toilets and physically challenge pupils. regulatory mechanisms on synergy? Can these be shared What are the state policies on gender, disability and gender-based violence in the state and plans in addressing them? Do you have E&S policies/regulations/action plans with respect to installing water facilities/ NO services in the health and education sector in your state What are the procedures to ensure that the Workmanship Compensation Act and has safety of workers is guaranteed? Labor and Employer actions are covered here. Safety procedures based on this. PPEs are provided at treatment plants for workers. Do potential Contractors prepare a Contractor’s Environmental and Social Management Plan No (CESMP) before mobilization to Before issuing a contract a CESMP is not done. site/commencement of civil works? Are Environmental and Social Management mitigation measures/clauses captured in No bidding documents/contracts? Contractor specifications have environmental and social aspects. Can a sample be sent? 116 Result Areas Key Questions Responses Through NEED assessments and instant What is the mechanism in place to identify request from communities suitable land for the establishment of WASH facilities? How do you track the functionality of the Via Water, Sanitation and Hygiene Information different E&S systems In WASH project? System (WASHIMS) Are drainage management systems built into the design of water facilities? YES • What were the safety considerations for Easy Access, Privacy the location of sanitation and hygiene facilities? • Are there issues of child abuse or GBVH NO associated with influx in any of the communities where sanitation and hygiene Yes facilities have been provided? • Was there adequate consultation of Biodegradation (Anaerobic condition) when the stakeholders in the provision of sanitation toilet is filled mostly in rural communities and hygiene facilities? where the is abundant land • What are the systems in place for human waste management? Village Level Operation and Maintenance • What capacities exists in communities to (VLOM), Local Area Mechanic (LAM), sustainably operate, manage and maintain Linking Communities with Supply Chain. rural water supply facilities • What are the systems in place to identify School Based Management Committee and manage the environmental and social (SBMC) risks associated with the construction and Volunteer Hygiene Promoters (VHPs). rehabilitation of sanitation and hygiene Local Government Water and Sanitation facilities for healthcare facilities and Department (WATSAN) schools? Local Government Primary Health Care Department. Local Government Education Department. • What are the systems in place to manage Environmental Health Club (EHC). environmental and social risks associated Volunteer Hygiene promoters. with the operation and maintenance of Ward Officers sanitation and hygiene facilities in schools School Based Management committees and healthcare facilities? • Do potential Contractors prepare a Contractor’s Environmental and Social No Management Plan (CESMP) before mobilization to site/commencement of civil works? • Are Environmental and Social Management mitigation measures/clauses No captured in bidding documents/contracts? 117 Result Areas Key Questions Responses • What mechanisms have been put in place Training of trainers (Tot) of staffs at the LGAs to build the capacity of communities/ Training of WASCOMs on maintenance of LGAs to maintain water and sanitation WASH facilities facilities sustainably? Training of Ward Officers on facilitation skills for achieving sustainability of ODF+ wide Local Government Areas. Water, Sanitation and Hygiene Committees (WASHCOM); Volunteer Hygiene Promoters (VHPs); Environmental Health Club (EHC), Village Level Operation and Maintenance (VLOM), Local Area Mechanic (LAM) • How are sludge and solid waste managed Ongoing training programs across communities? Via Septic Tank. Rural community- latrine are covered and left and used to manure. In urban areas no piped sewerage- only septic tanks- gully bowsers and it is dumped in a • Do you have a policies, laws and designated pond until anaerobic conditions are regulations on water and sanitation in your reached and used as manure. state? Collection conducted by the KEPA Yes. Water and Sanitation Policy • How do households handle fecal waste Via Biodegradation Process. (under Anaerobic disposal safely? condition) Rural community- latrine are covered and left and used to manure. In urban areas no piped sewerage- only septic tanks- gully bowsers and it is dumped in a designated pond until anaerobic conditions are reached and used as manure. Collection conducted by the KEPA • How is Sludge and Solid Waste N/A management handled? Rural community- latrine are covered and left and used to manure. • Do you have policies on sludge and solid In urban areas no piped sewerage- only septic waste management? tanks- gully bowsers and it is dumped in a designated pond until anaerobic conditions are reached and used as manure. Collection conducted by the KEPA Water and Sanitation Policy • What regulations and guidelines exists to Law establishing RUWASSA (Rural Water manage occupational health and safety Supply and Sanitation Agency) via transfer to risks associated with the provision of water WASHCOMs, SBMC, and sanitation services to communities and how are they managed by service Law establishing RUWASSA (Rural Water providers? Supply and Sanitation Agency) via transfer to • What regulations and guidelines exists to WASCOMs, SBMC manage community health and safety risks associated with the provision of water and There are LGA based by laws on WASHA sanitation services to communities and how are they managed by service providers? 118 Key questions and discussion points and responses from the representatives from Imo State Result Areas Key Questions Responses RA 1: What specific laws, regulations, 1. Imo State WASH Law No 42 of 2019 Strengthened procedures, legislation or other 2. Imo State WASH Policy 2019 sector policies mandatory legal instruments through 3. National Environmental Regulation Law and institutional which to ensure that the technical 2009- Federal Policy capacity for capacity for assessing and managing 4. Imo State Environmental Law establishes improved E&S risks, preparing or reviewing the IMO Wash EPA services ESIAs, supervising environmental 5. WASH CUSTOMER SERVICE Charter- management on construction sites and Used at Wash Com Level WASH assets/supervising OHS 6. Gender Equity & Social Inclusion Policy- aspects. done with USAID Copy sent 7. New Water Connection Policy- copy shared The laws will be sent to us and an organogram for the water sector at the state and local gov level. Do you have an environmental law Yes. There is also an existing Ministry of and regulation in your state? Environment and there’s also the Imo State Environmental Transformation Agency established under the law Does the law and regulations in your Yes- The state procedure is adopted by the WASH state contain environmental agencies. assessment requirements for projects The water sector reforms are ongoing. and procedures for carrying it out? Do you have an EIA process in your Follow EIA of the Federal Government. state or follow that of the EIA Act of the Federal Government? Are EIA certificates given at the Yes, EIA Certificate are issued- EPA provides this completion of ESIAs for proposed certification on the CEA activities? Do you have labor laws in your state? The State is Operating the Federal Labor Law. If yes, does it cover the issues of child There has been no experience with child Labor labor especially for the water sector? Issue. Do you have any past experiences Contractor with child labor issues? Do you have OHS standards for Yes. WASH related infrastructure/services It is included as a requirement in the Contract. and contractors operating in your state? If yes, what are the means of enforcement? Do you have Waste management laws Yes. Solid waste management is under the state and procedures? How is solid waste Waste Management Agency established under law management handled in your state with regards to civil works activities IMO State Env Transformation Agency handles in the water sector. SWM. The Sewage Agency handles Liquid Waste now 119 Result Areas Key Questions Responses Do you have the appropriate staff Yes strength and qualifications of staffing Staffing is an issue- more professionals needed to assigned for environmental and social come to the sector with expansion of area of management? command. Recruitment processes underway What are the processes for With Clearance from CEOs, through Daily Information Dissemination, Public Newspapers, Radio Announcement, Television. In Disclosure, and Communication some Instances, through Social Media like Facebook, Instagram and WhatsApp and town criers. WASH Customer WhatsApp Group- which is very active. They can organize daily meetings for the 3 zones etc. via this. There is a WASH media network forum on Facebook and WhatsApp. Any activity is shared there and publishes info there. CSOs also post there. Customer care center has a dedicated line for complaint and issue handling. Quarterly meetings are also held Are there non-state actors such as Yes. There exist a coordinating CSO, NEWSAN NGOs that play important roles in the and Several WASH CSOs. Some grantees CSO WASH sector in your state? financed by USAID. Do you have requisite skill sets to Yes. MD of local governments collect and process WASH data EMO state EPA has a lab. The UWA has mobile related to environmental and social testing kits got via USAID and also a lab equipped issues? to do testing of water quality and source quality as Do you collect data related to project well as monitoring data. siting and convenience for women, the Yes physically challenged and the vulnerable? Yes, we have a Gender focal Person Do you collect data on gender issues, Yes harassment and exclusions? Do you collect data related to project It is escalated through the MD to the Executive grievances? Council VIA the Honorable Commissioner and How do you escalate project related resolved through stakeholder engagement grievances and manage feedback system with stakeholders? What mechanisms do you have in place to measure the following E&S parameters in existing WASH Facilities are design to suit the disabled and institutional policies such as: vulnerable while they are also included as members - Accessibility (disabled and of the various Committees including the Board. the vulnerable group) There is also on-going advocacy for Gender - Gender Issues Representation in the Board while the Utility has a - Effluent Management gender focal person. - Grievance Redress Sewerage is under the purview of the Utility - Stakeholder engagement - Land Contamination - Water Contamination 120 Result Areas Key Questions Responses - Occupational Health and Safety - Cultural Heritage - Handling of hazardous materials - sludge management What E&S monitoring systems exist No Answer Provided to ensure inclusiveness and adherence to standards in health and sanitation services? ▪ Do you collect WASH utility Yes- information on active customers, service implementation data in any part regularity, service satisfaction. of the state? ▪ How do you collect, collate and Data are submitted by the operators and warehouse further process and warehouse the in the planning Department of the Utility data? Enterprise resource Program while some are kept in silos on the Computer ▪ On what platform is this data Yes processed and stored? Yes ▪ Where this data relates to people, are they analyzed demographically to reflect gender, age, location and category of issues? ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, gender issues, etc.? ▪ Do you have a database of urban Yes water utilities that monitors performance? Water Produced, Length of Distribution Network, ▪ What are the KPIs or issues Number of Connections, Number of leakages tracked that informs performance mended, time taken to resolve complaints, Billing, or otherwise of water utilities? Collection, Billing Efficiency, Collection Ratio, CASH operating Ratio, Staff Connection Productivity. RA 2: Improved Do you have a Grievance Redress Yes access to water Mechanism for all stakeholders? supply, sanitation Through the Customer Care Unit. The Customer and hygiene How are public complaints channeled care approach the responsible department to resolve services. and what is the process for handling & the complaint. resolving complaints? Do you have a system that effectively Yes- need to share the state procurement policy that manages the E&S performance of states clearly what E and S aspects are OHS contractors, including contractor managed in the system. selection, routine supervision, quality control and corrective actions? What E&S Quality assurance and By Monitoring through the Ministry of control systems exists and how does Environment and ISEPA this work? 121 Result Areas Key Questions Responses What is the organizational policy, The ISEPA, Ministry of Environment and structure, procedure, and culture to Communities through Newspapers and Radio carry out stakeholder engagement and publicly disclose appropriate information? Are the appropriate E&S staff No. Staff are domicile in the Ministry of domiciled in your organization? And Environment/ISEPA what are their technical skills? Do you have the capacity to conduct NO NOT DONE BY THE AGENCY environmental and social assessment of proposed projects such as: preparation of TORs for E&S Assessments, institutional responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively Yes- WE WILL LOOK AT STATE manages the E&S performance of PROCUREMENT POLCIY AS NO SPECIFIC contractors, including contractor ONE FOR WATER SECTOR selection, routine supervision, quality control and corrective actions? Capacity to set up a Grievance Yes- Redress Mechanism to receive and facilitate resolution of project-related concerns and grievances Do you have environment, health and Yes- These can be sent safety guidelines for urban water supply in the state? Do you have regulations or guidelines Yes- These can be sent. National guideline is on water quality/effluent adopted within the state Policy. management? How do you manage on-site and post- It is mixed with large quantity of Water to required project runoff of polluted water, Ratio before discharging into River. controlling sources of pollutants, and Effluent treatment plants must implement and once treating contaminated water before they are treated the effluent is discharged into discharge into drainage systems or rivers. receiving waters? Routine sample testing of effluents is done to make sure their treatment plants are functioning. Contaminant levels checked annually for now. From water treatment plan effluent is released post testing. Annual testing done. Is there data is so can it be shared. What are the systems in place to School Board Management Committee, Ministry of identify and manage the Environment Monitoring Team, environmental and social risks LGA/Communities. associated with the construction and rehabilitation of water services for Village level operations and maintenance (VOM) healthcare facilities and schools? they will send a copy. 122 Result Areas Key Questions Responses What are the systems in place to Response from Ministry of Public Utilities, manage the environmental and social ministry of Education and LGA. risks associated with the operation and maintenance of water services in schools and healthcare facilities? Do you have policies and guidelines Yes. Under the Ministry for Public Safety addressing public and worker safety and school health, including for school infrastructure? Do you have Waste management laws Yes. and procedures? How is solid waste Guidelines from the ministry of Environment and management handled in your state Imo State Waste Management Agency, Imo State with regards to civil works activities Environmental Transformation Agency, Education in the health and education sector & Hospital boards. Imo State Waste Management Agency has registered dump sites and take waste there, somewhat of a junk yard where waste is sometime recycled. Biodegradables are buried. (Burying biodegradables can contaminate ground water?). Some materials are recovered and stored for reuse from construction debris. UBEC/SUBEBs has put in place the It is operated under the Ministry of Education as Minimum Standards for Infrastructure liaison. Development including gender- sensitive toilets. What are the regulatory mechanisms on synergy? What are the state policies on gender, Gender and Disability policy has been fully disability and gender-based violence developed and address such issues in the state and plans in addressing them? Do you have E&S Yes. policies/regulations/action plans with respect to installing water facilities/ services in the health and education sector in your state What are the procedures to ensure that For contracts, it is embedded in the Contract the safety of workers is guaranteed? documents while signs and announcement are common in strategic places and PPEs are provided. Check procurement policy and in internal rules. It is not a formal document. Health and Safety Policy will be forwarded. Do potential Contractors prepare a Yes Contractor’s Environmental and Water Sector Health and Safety Policy Has this and Social Management Plan (CESMP) they will share. They have not engaged any before mobilization to contractors since this policy was done so this has to site/commencement of civil works? be looked at to see if it as the relevant aspects. Are Environmental and Social Yes Management mitigation Water Sector Health and Safety Policy Has this and measures/clauses captured in bidding they will share. No Bidding Documents- old documents/contracts? bidding documents can be shared, and WB contracts have been used in the past. 1. Population (Demand) 2. Access to raw Water 3. Sustainability 123 Result Areas Key Questions Responses What is the mechanism in place to 4. Ministry of land identify suitable land for the establishment of WASH facilities? How do you track the functionality of Periodic Monitoring by Ministry and Agencies the different E&S systems In WASH project? Are drainage management systems Yes built into the design of water facilities? • What were the safety Presence of institutions and Community leadership. considerations for the location of No sanitation and hygiene facilities? • Are there issues of child abuse or GBVH associated with influx in Yes any of the communities where sanitation and hygiene facilities have been provided? • Was there adequate consultation Evacuation, Transportation and dumping of stakeholders in the provision of sanitation and hygiene facilities? Communities Association and Local Government. • What are the systems in place for Also, in the various Agencies human waste management? • What capacities exists in communities to sustainably operate, manage and maintain rural water supply facilities • What are the systems in place to Environmental and Social Impact assessment and identify and manage the Mitigation Plan. environmental and social risks associated with the construction and rehabilitation of sanitation and hygiene facilities for healthcare facilities and schools? • What are the systems in place to Monitoring by the Ministry and various Agencies manage environmental and social risks associated with the operation and maintenance of sanitation and hygiene facilities in schools and healthcare facilities? • Do potential Contractors prepare Yes- to be verified a Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works? • Are Environmental and Social Yes-to be verified Management mitigation measures/clauses captured in bidding documents/contracts? 124 Result Areas Key Questions Responses • What mechanisms have been put Training and Workshop in place to build the capacity of communities/ LGAs to maintain Through local waste management board water and sanitation facilities sustainably? Yes, there is a WASH Policy and Water Law which also establish a regulator • How are sludge and solid waste managed across communities? • Do you have a policies, laws and regulations on water and sanitation in your state? • How do households handle fecal It is evacuated and transported to a dumpsite when waste disposal safely? the soak away is filled. Private companies carry out the collection and this transported to the dumping area. Public Health hazard is there no special fecal sludge treatment plant. Its primitive open dumped currently. An action plan is developed, and some private investment being explored to design this. Still dealing with open dumping. • How is Sludge and Solid Waste Septic tanks and Soak away pits. Evacuation to a management handled? dump site. Currently there’s no fecal sludge • Do you have policies on sludge treatment plant and solid waste management? Yes, these should be shared. • What regulations and guidelines *Imo State Water & Sewerage Corporation Health exists to manage occupational & Safety Policy health and safety risks associated with the provision of water and sanitation services to The Corporation Health and Safety Policy to be communities and how are they shared managed by service providers? • What regulations and guidelines exists to manage community health and safety risks associated with the provision of water and sanitation services to communities and how are they managed by service providers? 125 Key questions and discussion points and responses from the representatives from Ekiti State Result Areas Key Questions Responses RA 1: What specific laws, regulations, • Environmental Impact Assessment Act Strengthened procedures, legislation or other (EIA), State Environmental Protection sector policies mandatory legal instruments through Agency Law (SEPA), Ekiti State Waste and institutional which to ensure that the technical Management Law(EKSWMA), however capacity for capacity for assessing and managing EIA Act, takes precedence for large scale improved E&S risks, preparing or reviewing projects and inconsistency with EIA Act. services ESIAs, supervising environmental • National EIA Act is used but the STATE management on construction sites EPA has to wet the EIA accordingly. and WASH assets/supervising OHS aspects. Do you have an environmental law • Yes- there are peculiar laws pertaining to and regulation in your state? different Ministry and Departments (SEPA,EKSWMA,) Does the law and regulations in your • Yes, but in accordance with EIA Act and state contain environmental SEPA Law assessment requirements for projects and procedures for carrying it out? Do you have an EIA process in your • Yes, we follow the EIA Act of the Federal state or follow that of the EIA Act of Government and other Federal statutes the Federal Government? Are EIA certificates given at the o Yes. completion of ESIAs for proposed activities? Do you have labor laws in your No, but FG statutes apply, however there is an Ekiti state? If yes, does it cover the issues State Child Right Law domiciled in Ministry of of child labor especially for the water Women Affairs that handles Child related social sector? Do you have any past risks experiences with child labor issues? Do you have OHS standards for SOP supported by UNICEF. SOP will be shared. WASH related infrastructure/services All contractor workers are monitored by the WASH and contractors operating in your AGENCY. Ministry of Infrastructure and Public state? If yes, what are the means of Utilities implements the SOPs. enforcement? Do you have Waste management Yes, the procedure is as applicable across the laws and procedures? How is solid sector. waste management handled in your EEPA is responsible for handling waste. They have state with regards to civil works registered collectors who take the waste to activities in the water sector. registered dumping sites. Plastic waste is being managed under a recycling program. Do you have the appropriate staff • Not adequate. strength and qualifications of staffing assigned for environmental and Urban water sector has one specific officer for social management? safeguards issues. In Rural communities the structure is incorporated a WASHCOM monitoring and evaluation process is used to look at these issues. - 1 officer in RUWASA- Environmental- 126 Result Areas Key Questions Responses What are the processes for o Federation of Water Consumer Information Dissemination, Public Association via WhatsApp Disclosure, and Communication platform (RUWASSA); Community/Landlord Association Meeting, Radio Program, GRM box etc. (Water Corporation), Meet the Governor Are there non-state actors such as Yes- EDFHO- NGOs that play important roles in the COAESU, Coalition of Associations in Ekiti State WASH sector in your state? NEWSAN- New EDFHO - Environmental Development and Family Health Organization COESCO - Coalition of civil society organizations in Ekiti State (umbrella body for all civil society in the state) NEWSAN - Society for Water and Sanitation Nigeria (Network of organizations working on water sanitation and hygiene in the state) Do you have requisite skill sets to Yes, relevant data are collected during project collect and process WASH data scoping and silting phases. Staff trained under related to environmental and social WSSSRPIII and NUWSRP-3 issues? Do you collect data related to project YES siting and convenience for women, Data is collected through the screening process. the physically challenged and the Under the urban reforms’ laboratories were put out vulnerable? and equipment has been procured via other Do you collect data on gender issues, operations. Many schemes have their own labs harassment and exclusions? Do you collect data related to project grievances? YES How do you escalate project related YES grievances and manage feedback system with stakeholders? Through Ministry in charge of WASH What mechanisms do you have in Urban Water Sector Reform Project under Ekiti place to measure the following E&S State Water Corporation prepared several E&S parameters in existing WASH instruments that addressed the enlisted parameters. institutional policies such as: - Accessibility (disabled and 2020 M&E Framework for Small and rural the vulnerable group) communities project. - Gender Issues Urban Water- waste water is treated and tested - Effluent Management before discharge. - Grievance Redress - Stakeholder engagement - Land Contamination - Water Contamination - Occupational Health and Safety - Cultural Heritage - Handling of hazardous materials - sludge management 127 Result Areas Key Questions Responses What E&S monitoring systems exist Monitoring and Evaluation Framework for WASH to ensure inclusiveness and adherence to standards in health and sanitation services? ▪ Do you collect WASH utility WASHIMS platform is used in collation and implementation data in any part implementation of WASH utility.(2LGAs) of the state? LGA desk offices ▪ How do you collect, collate and further process and warehouse WASHIMS the data? Bureau of Statistics ▪ On what platform is this data processed and stored? ▪ Where this data relates to people, are they analyzed YES demographically to reflect gender, age, location and category of issues? ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, gender issues, etc.? ▪ Do you have a database of urban Yes- water utilities that monitors performance? Billing Efficiency; Pipe household; Billing ▪ What are the KPIs or issues Collection Rate etc. tracked that informs performance or otherwise of water utilities? RA 2: Do you have a Grievance Redress Yes- GRM instrument prepared for the EKSWC. Improved Mechanism for all stakeholders? Through Customer Service to Regulatory Unit to access to water How are public complaints channeled the Coordination meeting and escalated to MIPU supply, and what is the process for handling sanitation and & resolving complaints? hygiene Do you have a system that effectively Yes services. manages the E&S performance of Procurement law, Monitoring Unit in Budget office contractors, including contractor and MDA, Auditor- General’s Office etc. selection, routine supervision, quality The Budget officer and AGs monitors donor control and corrective actions? financed projects and their implementation. Bidding documents will include E and S clauses and the ESMP is part of the contracts A sample should be shared. At the RUWASA level- currently they have a statewide assessment of env situation on waste sector. Rural challenges are different. Rural side challenges- constructing latrines for community in public areas. Some people did not want toilets to be too close their homes. What E&S Quality assurance and Inspection and reporting on project stages control systems exists and how does this work? What is the organizational policy, Compliance with the Freedom of Information Law structure, procedure, and culture to and meeting with Federation of WCA carry out stakeholder engagement 128 Result Areas Key Questions Responses and publicly disclose appropriate information? Are the appropriate E&S staff Not adequate domiciled in your organization? And what are their technical skills? Do you have the capacity to conduct Yes environmental and social assessment There has been capacity building training done. of proposed projects such as: Safeguards officer has been trained on WASH preparation of TORs for E&S Aspects and on E and S WB training, GBV, ESF Assessments, institutional training. responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively Yes manages the E&S performance of Monitoring of various MDAs contractors, including contractor selection, routine supervision, quality control and corrective actions? Capacity to set up a Grievance Yes Redress Mechanism to receive and facilitate resolution of project-related concerns and grievances Do you have environment, health and Ongoing. safety guidelines for urban water Using Federal Guidelines supply in the state? Do you have regulations or Developed for water quality. guidelines on water quality/effluent Using Federal Guidelines management? How do you manage on-site and We treat and discharge wastewater into drainage post-project runoff of polluted water, system controlling sources of pollutants, and treating contaminated water before discharge into drainage systems or receiving waters? What are the systems in place to As applicable in SEPA and Housing/ Urban identify and manage the Development laws environmental and social risks associated with the construction and rehabilitation of water services for healthcare facilities and schools? What are the systems in place to As applicable in EKSWC law, School Based manage the environmental and social Management Committee etc. on facility risks associated with the operation maintenance and operation and maintenance of water services in schools and healthcare facilities? Do you have policies and guidelines Yes. Teaching Service Manual and adoption of addressing public and worker safety national policy 129 Result Areas Key Questions Responses and school health, including for school infrastructure? Do you have Waste management Yes- as applicable in management of solid waste in laws and procedures? How is solid all sectors waste management handled in your state with regards to civil works activities in the health and education sector UBEC/SUBEBs has put in place the WASH and Project Implementation Unit Minimum Standards for Regulatory Unit Infrastructure Development including gender-sensitive toilets. What are the regulatory mechanisms on synergy? What are the state policies on gender, As applicable in the state GBV law disability and gender-based violence in the state and plans in addressing them? Do you have E&S As applicable in the Ekiti state Water Bill policies/regulations/action plans with respect to installing water facilities/ services in the health and education sector in your state What are the procedures to ensure Preparation and implementation of E&S suitable that the safety of workers is instruments for proposed project. guaranteed? Do potential Contractors prepare a Yes- in the case of Urban Water Project Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works?? Are Environmental and Social Yes – in the case of Urban Water Project Management mitigation measures/clauses captured in bidding documents/contracts? Community/Stakeholders’ Engagement What is the mechanism in place to Compensation is paid at open market value. They identify suitable land for the will share some details. establishment of WASH facilities? How do you track the functionality of Through WASH coordination and Change the different E&S systems In WASH Management Meeting. project? Are drainage management systems Yes, share an example of design built into the design of water facilities? • What were the safety Location, Accessibility, Environmental Conditions considerations for the location of etc. sanitation and hygiene facilities? • Are there issues of child abuse Not applicable or GBVH associated with influx in any of the communities where Yes 130 Result Areas Key Questions Responses sanitation and hygiene facilities Septic Tanks are constructed, waste is contained, have been provided? after 10 years an evacuation truck comes in and the • Was there adequate consultation waste is taken to neighboring facilities in Gondo of stakeholders in the provision State to the disposal site. Designated sites for SWM of sanitation and hygiene are there in Ekiti but no designated waste sites for facilities? Human and liquid waste. Transboundary transport • What are the systems in place issues can exist??? for human waste management? • What capacities exists in WCA communities to sustainably operate, manage and maintain rural water supply facilities • What are the systems in place to Through Scoping and Screening Exercise identify and manage the environmental and social risks associated with the construction and rehabilitation of sanitation and hygiene facilities for healthcare facilities and schools? • What are the systems in place to Preparation and implementation of appropriate manage environmental and environmental and social instruments social risks associated with the operation and maintenance of sanitation and hygiene facilities in schools and healthcare facilities? • Do potential Contractors prepare Yes a Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works? • Are Environmental and Social Yes – in the case of Ekiti Water 3 project Management mitigation measures/clauses captured in bidding documents/contracts? • What mechanisms have been put As applicable in Ekiti State Water Law. in place to build the capacity of communities/ LGAs to maintain As applicable in Water law/EKSWMA law water and sanitation facilities Yes sustainably? Only one sludge and septic waste transporter who is • How are sludge and solid waste from private sector in the state- it must be moved managed across communities? out of the state. • Do you have a policies, laws and In some cases, they will do unethical practices regulations on water and according to the Engineer. sanitation in your state? • How do households handle Household Basic Sanitation Facility faucal waste disposal safely? 131 Result Areas Key Questions Responses • How is Sludge and Solid Waste As applicable in Ekiti State Waste Management management handled? Law • Do you have policies on sludge =ditto= and solid waste management? • What regulations and guidelines As applicable in the Water Safety Plan. exists to manage occupational health and safety risks associated with the provision of water and sanitation services to communities and how are they =ditto= managed by service providers? • What regulations and guidelines exists to manage community health and safety risks associated with the provision of water and sanitation services to communities and how are they managed by service providers? 132 Key questions and discussion points and responses from the representatives from Delta State Result Areas Key Questions Responses RA 1: What specific laws, regulations, procedures, Delta State Ecology Law – 2006 Strengthened sector legislation or other mandatory legal policies and instruments through which to ensure that the institutional technical capacity for assessing and capacity for managing E&S risks, preparing or reviewing improved services ESIAs, supervising environmental management on construction sites and WASH assets/supervising OHS aspects. Do you have an environmental law and YES – Delta State Environmental regulation in your state? Protection Law Does the law and regulations in your state YES contain environmental assessment requirements for projects and procedures for carrying it out? Do you have an EIA process in your state or YES, we have for the Delta State follow that of the EIA Act of the Federal Government? Are EIA certificates given at the completion YES of ESIAs for proposed activities? Do you have labor laws in your state? If yes, YES, in line with the Federal Labour Law does it cover the issues of child labor especially for the water sector? No Do you have any past experiences with child labor issues? Do you have OHS standards for WASH Yes, it’s is embedded in the WASH Policy, related infrastructure/services and contractors and is enforced through project operating in your state? If yes, what are the management and supervision means of enforcement? Do you have Waste management laws and YES – Delta State Waste Management procedures? How is solid waste management Board Law 2004 handled in your state with regards to civil It is managed by private sector initiative works activities in the water sector. Do you have the appropriate staff strength YES and qualifications of staffing assigned for environmental and social management? What are the processes for Information News media, circulars Dissemination, Public Disclosure, and Communication Are there non-state actors such as NGOs that YES, NEWSAN etc. play important roles in the WASH sector in your state? 133 Result Areas Key Questions Responses Do you have requisite skill sets to collect and YES process WASH data related to environmental and social issues? Do you collect data related to project siting YES and convenience for women, the physically challenged and the vulnerable? Gender issues are not known to the State Do you collect data on gender issues, YES harassment and exclusions? YES, through Government intervention Do you collect data related to project grievances? How do you escalate project related grievances and manage feedback system with stakeholders? What mechanisms do you have in place to Through stakeholder’s forum, meetings, measure the following E&S parameters in workshops and feedback response from existing WASH institutional policies such as: them. Delta State Environmental - Accessibility (disabled and the Protection Agency (DELSEPA) vulnerable group) - Gender Issues - Effluent Management - Grievance Redress - Stakeholder engagement - Land Contamination - Water Contamination - Occupational Health and Safety - Cultural Heritage - Handling of hazardous materials - sludge management What E&S monitoring systems exist to The State Regulatory Unit ensure inclusiveness and adherence to standards in health and sanitation services. ▪ Do you collect WASH utility YES implementation data in any part of the state? Through the Zonal Managers to the M&E ▪ How do you collect, collate and further Department process and warehouse the data? The M&E Database ▪ On what platform is this data processed YES and stored? ▪ Where this data relates to people, are YES they analyzed demographically to reflect gender, age, location and category of issues? ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, gender issues, etc.? ▪ Do you have a database of urban water YES utilities that monitors performance? ▪ What are the KPIs or issues tracked that The level of service delivery informs performance or otherwise of water utilities? 134 Result Areas Key Questions Responses -RA 2: Improved Do you have a Grievance Redress YES access to water Mechanism for all stakeholders? supply How are public complaints channeled and Customer Complaint Desk what is the process for handling & resolving complaints? Do you have a system that effectively YES – Project monitoring unit manages the E&S performance of contractors, including contractor selection, routine supervision, quality control and corrective actions? What E&S Quality assurance and control From the various Dept Supervision and systems exists and how does this work? Monitoring What is the organizational policy, structure, Media, WASH media forum and CSO procedure, and culture to carry out platform stakeholder engagement and publicly disclose appropriate information? Are the appropriate E&S staff domiciled in YES your organization? And what are their Engineers, Geologists, Statisticians, technical skills? scientific officers Do you have the capacity to conduct YES environmental and social assessment of proposed projects such as: preparation of TORs for E&S Assessments, institutional responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively YES, Urban sector by DPRS, Quality manages the E&S performance of control carried out in laboratories under contractors, including contractor selection, the Ministry of water resources. routine supervision, quality control and corrective actions? Delta state procurement law, 2017 revised 2020 Stated in Bill. To share sample bidding document Capacity to set up a Grievance Redress YES, through community reps such as Mechanism to receive and facilitate issues on land acquisition, the LGA comes resolution of project-related concerns and into grievances Do you have environment, health and safety YES, Stated in the WASH policy guidelines for urban water supply in the state? Do you have regulations or guidelines on YES. DESEPA do have and based on water quality/effluent management? Nigeria standard. Through water quality control unit in Water resources within each agency. State to share the guidelines How do you manage on-site and post-project Through quality control assurance. runoff of polluted water, controlling sources Through quality control and sanitation dept of pollutants, and treating contaminated in the Ministry of Water resources 135 Result Areas Key Questions Responses water before discharge into drainage systems or receiving waters? What are the systems in place to identify and The State WASH Policy manage the environmental and social risks associated with the construction and rehabilitation of water services for healthcare facilities and schools? What are the systems in place to manage the The State WASH Policy environmental and social risks associated with the operation and maintenance of water services in schools and healthcare facilities? Do you have policies and guidelines YES, Contained in the water policy addressing public and worker safety and school health, including for school infrastructure? Do you have Waste management laws and YES – Through Private Sector procedures? How is solid waste management Participation handled in your state with regards to civil works activities in the health and education sector UBEC/SUBEBs has put in place the YES Minimum Standards for Infrastructure Development including gender-sensitive toilets. What are the regulatory mechanisms on synergy? What are the state policies on gender, State adopts disability and gender-based violence in the state and plans in addressing them? Do you have E&S policies/regulations/action YES – The PEWASH Investment Plan plans with respect to installing water facilities/ services in the health and education sector in your state What are the procedures to ensure that the Through community engagement and safety of workers is guaranteed? sensitization Do potential Contractors prepare a YES Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works?? Are Environmental and Social Management YES mitigation measures/clauses captured in bidding documents/contracts? Through community engagement. Through What is the mechanism in place to identify WASHCOMs at the community level. suitable land for the establishment of WASH Stated in the water policy that facilities? communities donate lands. Same engagement in the urban sector through the community. In RUWASSA, after every land has been identified site take over form that the WASHCOH head, 136 Result Areas Key Questions Responses community head, contractor, WASH unit in the LGA and state supervisor has to sign. At project completion a site hand over form is signed to indicate agreement. How do you track the functionality of the Monitoring and Evaluation through M&E different E&S systems In WASH project? which cuts across the 3 agencies in the Ministry of Water resources Are drainage management systems built into YES the design of water facilities? RA 3: Improved • What were the safety considerations for Delta State WASH Policy access to sanitation the location of sanitation and hygiene and hygiene facilities? NO • Are there issues of child abuse or GBVH associated with influx in any of the communities where sanitation and YES hygiene facilities have been provided? • Was there adequate consultation of Private Sector Participation stakeholders in the provision of sanitation and hygiene facilities? WASHCOMs & LAMs • What are the systems in place for human waste management? • What capacities exists in communities to sustainably operate, manage and maintain rural water supply facilities • What are the systems in place to identify Delta State WASH Policy and manage the environmental and social risks associated with the construction and rehabilitation of sanitation and hygiene facilities for healthcare facilities and schools? • What are the systems in place to manage Delta State WASH Policy environmental and social risks associated with the operation and maintenance of sanitation and hygiene facilities in schools and healthcare facilities? • Do potential Contractors prepare a YES Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works? • Are Environmental and Social YES Management mitigation measures/clauses captured in bidding documents/contracts? 137 Result Areas Key Questions Responses • What mechanisms have been put in Training of WASHCOMs, WCAs and place to build the capacity of WUAs communities/ LGAs to maintain water and sanitation facilities sustainably? Dump sites and indiscriminate disposal YES • How are sludge and solid waste managed across communities? • Do you have a policies, laws and regulations on water and sanitation in your state? • How do households handle fecal waste Private Sector Participation disposal safely? • How is Sludge and Solid Waste Private Sector Participation management handled? YES • Do you have policies on sludge and solid waste management? • What regulations and guidelines exists to WASH Policy and Law manage occupational health and safety By enforcement of the existing Laws risks associated with the provision of water and sanitation services to communities and how are they managed by service providers? • What regulations and guidelines exists to manage community health and safety risks associated with the provision of water and sanitation services to communities and how are they managed by service providers? 138 Key questions and discussion points and responses from the representatives from Gombe State Result Areas Key Questions Responses RA 1: What specific laws, regulations, procedures, Gombe State Ministry of Environment and Strengthened legislation or other mandatory legal instruments Forest Resources sector policies through which to ensure that the technical Gombe State EPA and institutional capacity for assessing and managing E&S risks, Adopt the EIA act of the Federal capacity for preparing or reviewing ESIAs, supervising Government improved environmental management on construction sites Waste Management law services and WASH assets/supervising OHS aspects. GOSEPA law Do you have an environmental law and Gombe state sanitation and environmental regulation in your state? law 2012 Forestry edict under review Does the law and regulations in your state Yes, there is a dept in charge of EIA. contain environmental assessment requirements for projects and procedures for carrying it out? Do you have an EIA process in your state or Follow Fed Govt follow that of the EIA Act of the Federal Government? Are EIA certificates given at the completion of Yes ESIAs for proposed activities? Do you have labor laws in your state? If yes, Adopt Federal Government does it cover the issues of child labor especially for the water sector? Do you have any past experiences with child labor issues? Do you have OHS standards for WASH related No. Adopt Federal Govern Construction infrastructure/services and contractors operating laws and guidelines- Gombe State Ministry in your state? If yes, what are the means of of Works enforcement? Occupational Hazard Unit in Ministry of Health- They also oversee OHS in the WASH sector Due Process Bureau- ensures that all guideline Do you have Waste management laws and Yes procedures? How is solid waste management handled in your state with regards to civil works activities in the water sector. Do you have the appropriate staff strength and Yes, Environmental Health officers, qualifications of staffing assigned for superintendents, supervisors environmental and social management? GOSEPA- Gombe State Sanitation and Environmental Protection Agency – Environmental Health officers Welfare officers- Ministry of Women Affairs 139 Result Areas Key Questions Responses Low staff strength and qualification not adequate. What are the processes for Information Use the mass media, civil society Dissemination, Public Disclosure, and organization, religious leaders. Communication Yes, EIA are disclosed foe 21 working days. Stakeholder consultations are carried out Are there non-state actors such as NGOs that Yes. Climate change groups, CSOs play important roles in the WASH sector in your state? Do you have requisite skill sets to collect and Yes. Some gaps with regards to process WASH data related to environmental standardized guidelines/ checklist for social and social issues? management Do you collect data related to project siting and YES- Kobo Toolbox convenience for women, the physically challenged and the vulnerable? YES Do you collect data on gender issues, harassment and exclusions? NO Do you collect data related to project grievances? How do you escalate project related grievances and manage feedback system with stakeholders? What mechanisms do you have in place to GOSEPA law measure the following E&S parameters in existing WASH institutional policies such as: - Accessibility (disabled and the vulnerable group) - Gender Issues - Effluent Management - Grievance Redress - Stakeholder engagement - Land Contamination - Water Contamination - Occupational Health and Safety - Cultural Heritage - Handling of hazardous materials - sludge management What E&S monitoring systems exist to ensure Monitoring team in the sanitation unit inclusiveness and adherence to standards in health and sanitation services. ▪ Do you collect WASH utility YES- implementation data in any part of the state? ▪ How do you collect, collate and further process and warehouse the data? ▪ On what platform is this data processed and stored? ▪ Where this data relates to people, are they analyzed demographically to reflect gender, age, location and category of issues? NO 140 Result Areas Key Questions Responses ▪ Is any data collected on issues such as project siting, grievance issues, contaminations, gender issues, etc.? ▪ Do you have a database of urban water Yes utilities that monitors performance? ▪ What are the KPIs or issues tracked that informs performance or otherwise of water utilities? RA 2: Do you have a Grievance Redress Mechanism No specialized GRM. Customer relations Improved for all stakeholders? registers complaint. Escalation and resolves access to water How are public complaints channeled and what are based on gravity. supply, is the process for handling & resolving sanitation and complaints? hygiene. Do you have a system that effectively manages The due process office takes responsibility the E&S performance of contractors, including for hiring contractors. Not sure they have contractor selection, routine supervision, quality E&S. control and corrective actions? What E&S Quality assurance and control NO. Where there is an issue, MoE of systems exists and how does this work? GSEPA is called upon. What is the organizational policy, structure, NO Stakeholder Engagement Process. But procedure, and culture to carry out stakeholder we respond when need arise such as engagement and publicly disclose appropriate increase in tariff information? Are the appropriate E&S staff domiciled in your NO. Training provided by WB on previous organization? And what are their technical water projects. skills? Do you have the capacity to conduct This relies solely on the sister agencies, not environmental and social assessment of Water Sector. proposed projects such as: preparation of TORs for E&S Assessments, institutional responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively manages Procurement team the E&S performance of contractors, including contractor selection, routine supervision, quality control and corrective actions? Capacity to set up a Grievance Redress Public Complaint Office, no procedure in Mechanism to receive and facilitate resolution of place project-related concerns and grievances Do you have environment, health and safety NO. However all constructions are done in guidelines for urban water supply in the state? line with standard specifications 141 Result Areas Key Questions Responses Do you have regulations or guidelines on water NO. Not institutionalized. The major project quality/effluent management? we have. How do you manage on-site and post-project Managed by the customers. runoff of polluted water, controlling sources of pollutants, and treating contaminated water before discharge into drainage systems or receiving waters? What are the systems in place to identify and Wash in School for safety in school and manage the environmental and social risks other public spaces policy associated with the construction and rehabilitation of water services for healthcare facilities and schools? What are the systems in place to manage the As above environmental and social risks associated with the operation and maintenance of water services in schools and healthcare facilities? Do you have policies and guidelines addressing public and worker safety and school health, including for school infrastructure? Do you have Waste management laws and procedures? How is solid waste management handled in your state with regards to civil works activities in the health and education sector UBEC/SUBEBs has put in place the Minimum Standards for Infrastructure Development including gender-sensitive toilets. What are the regulatory mechanisms on synergy? What are the state policies on gender, disability and gender-based violence in the state and plans in addressing them? Do you have E&S policies/regulations/action plans with respect to installing water facilities/ services in the health and education sector in your state What are the procedures to ensure that the safety PPE maintained and in use as based on of workers is guaranteed? OHS policy Do potential Contractors prepare a Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works?? Are Environmental and Social Management NO mitigation measures/clauses captured in bidding documents/contracts? Varies. For water supply and sanitation, we What is the mechanism in place to identify consider: suitable land for the establishment of WASH facilities? How do you track the functionality of the No systems but the state monitors optimal different E&S systems In WASH project? with a checklist 142 Result Areas Key Questions Responses Are drainage management systems built into the design of water facilities? • What were the safety considerations for the • Source of water, waste collection, location of sanitation and hygiene facilities? topography, colocation with other • Are there issues of child abuse or GBVH • No GBV related to WASH Project. associated with influx in any of the Law VAP is also ongoing communities where sanitation and hygiene • Stakeholder consultation is conducted facilities have been provided? • WASHCOMS • Was there adequate consultation of stakeholders in the provision of sanitation and hygiene facilities? • What are the systems in place for human waste management? • What capacities exists in communities to sustainably operate, manage and maintain rural water supply facilities • What are the systems in place to identify and manage the environmental and social risks associated with the construction and rehabilitation of sanitation and hygiene facilities for healthcare facilities and schools? • What are the systems in place to manage GOSEPA environmental and social risks associated with the operation and maintenance of sanitation and hygiene facilities in schools and healthcare facilities? • Do potential Contractors prepare a Contractor’s Environmental and Social Management Plan (CESMP) before mobilization to site/commencement of civil works? • Are Environmental and Social Management NO mitigation measures/clauses captured in bidding documents/contracts? • What mechanisms have been put in place to RUWASSSA do train communities build the capacity of communities/ LGAs to maintain water and sanitation facilities Sanitary landfill handled by the sustainably? Government Yes. State to share • How are sludge and solid waste managed Inadequate facilities, inadequate funding, across communities? waste collection center, human resources • Do you have a policies, laws and There are no officers. There are WASH regulations on water and sanitation in your units at the LGA level handled by state? environmental health officers • How do households handle fecal waste Use of toilets- traditional, VIP etc. disposal safely? 143 Result Areas Key Questions Responses • How is Sludge and Solid Waste management handled? • Do you have policies on sludge and solid waste management? • What regulations and guidelines exists to No regulation exists. manage occupational health and safety risks associated with the provision of water and Adopt guidelines from WHO, Federal sanitation services to communities and how Ministry of Water Resources, UNICEF are they managed by service providers? No • What regulations and guidelines exists to manage community health and safety risks WASH units- LGA level associated with the provision of water and WASHCOMs – community level sanitation services to communities and how VLOMs under RUWASSA under the state are they managed by service providers? ministry of Water resources. 144 Key questions and discussion points and responses from the representatives from Kaduna State Result Areas Key Questions Responses RA 1: What specific laws, regulations, • The Kaduna State Environmental Strengthened procedures, legislation or other mandatory Protection Law sector policies legal instruments through which to ensure • The Kaduna State Water Supply and and institutional that the technical capacity for assessing Sanitation Law which established the capacity for and managing E&S risks, preparing or Kaduna State Water Services Regulatory improved reviewing ESIAs, supervising Commission services environmental management on construction sites and WASH assets/supervising OHS aspects. Do you have an environmental law and Yes, the Kaduna State Environmental Protection regulation in your state? Law Does the law and regulations in your state Yes contain environmental assessment requirements for projects and procedures for carrying it out? Do you have an EIA process in your state There is the EIA process at the state-level or follow that of the EIA Act of the Federal Government? Are EIA certificates given at the Yes completion of ESIAs for proposed activities? Do you have labor laws in your state? If • No, However, There is the Kaduna State yes, does it cover the issues of child labor Child’s Welfare and Protection Law especially for the water sector? Do you have any past experiences with child labor issues? Do you have OHS standards for WASH • Environmental and occupational health related infrastructure/services and standards for infrastructural projects contractors operating in your state? If yes, • Enforcement is done through what are the means of enforcement? Environmental Health Officers and Industries Inspectors. Do you have Waste management laws and • Kaduna State Solid Wastes Management procedures? How solid waste management Law is handled in your state with regards to • Solid wastes are managed by evaluation, civil works activities in the water sector. disposal and composting by the state environmental protection agency Do you have the appropriate staff strength Inadequate capacity and staff strength for and qualifications of staffing assigned for environmental protection agency environmental and social management? What are the processes for Information Official press releases, radio and TV jingles and Dissemination, Public Disclosure, and public programs through the office of the special Communication adviser, Media and communication, program structures such as Ministry of Environment, Environmental Protection Agency, LGAs 145 Result Areas Key Questions Responses Are there non-state actors such as NGOs Yes that play important roles in the WASH • UNICEF sector in your state? • FCDO • WHO • World BANK • IsDB • AfDB • JICA • Foundation for Sanitation improvement • Society for Water and Sanitation • Water Aid • Others (CBOs) Do you have requisite skill sets to collect • Inadequate capacity for data collection and process WASH data related to and management environmental and social issues? • WASHIMS, CDS, K-MAP, HIMS are Do you collect data related to project siting the management systems for project and convenience for women, the management and monitoring and physically challenged and the vulnerable? feedback mechanism. Do you collect data on gender issues, • Data on gender issues is collected by the harassment and exclusions? ministry of human services and social Do you collect data related to project development grievances? How do you escalate project related grievances and manage feedback system with stakeholders? What mechanisms do you have in place to • Construction of gender-sensitive and measure the following E&S parameters in disability-friendly WASH facilities in existing WASH institutional policies such primary schools and health facilities. as: • Implementation of water safety plans in - Accessibility (disabled and the communities vulnerable group) • Monitoring and regulation of effluent - Gender Issues discharge by the state environmental - Effluent Management protection agency and the state urban - Grievance Redress planning and development agency - Stakeholder engagement - Land Contamination - Water Contamination - Occupational Health and Safety • National Policy on Occupational Safety - Cultural Heritage and Health/Nigerian Factory Act 1987 - Handling of hazardous materials - sludge management What E&S monitoring systems exist to • Use of programming tools that promote ensure inclusiveness and adherence to inclusiveness standards in health and sanitation services? • Affirmative action in the formation of community program structures e.g. the standard of at least 5 out of 15 members of WASHCOMs must be female, communities must indicate how facilities would be provided for PLWD in their CAPS 146 Result Areas Key Questions Responses ▪ Do you collect WASH utility ▪ Yes implementation data in any part of the ▪ Data management is done using the state? M&E Mechanism, processed and stored ▪ How do you collect, collate and in the K-MAP data management system further process and warehouse the on cloud data? ▪ WASHIMS and CDS tools are ▪ On what platform is this data effectively used and linked to other processed and stored? states for comparative analysis among ▪ Where this data relates to people, are others they analyzed demographically to ▪ Desegregation of data to reflect reflect gender, age, location and demographic parameters is applicable in category of issues? the data management systems. ▪ Is any data collected on issues such as ▪ Project monitoring interface of K-MAP project siting, grievance issues, is used to collect data on project citing. contaminations, gender issues, etc.? ▪ Do you have a database of urban ▪ Yes water utilities that monitors performance? • Operational KPIs ▪ What are the KPIs or issues tracked • Commercial KPIs that informs performance or otherwise • Quality Assurance KPIs of water utilities? RA 2: Improved Do you have a Grievance Redress Yes. The Kaduna State Water Regulatory access to water Mechanism for all stakeholders? Commission handles complains and grievance supply How public complaints channeled and redress mechanism what are is the process for handling & There are meditation Centre at Ministry of resolving complaints? Justices and multi door courthouse alternative dispute resolution (ADR) Do you have a system that effectively The operationalized procurement guidelines manages the E&S performance of govern contractor selection, quality control and contractors, including contractor selection, corrective action while project monitoring routine supervision, quality control and systems are used to track progress of works and corrective actions? supervise contractors. What E&S Quality assurance and control • The K-MAP, a homegrown project systems exists and how does this work? management system tracks the progress of projects and ensure compliance with quality. • The project implementation and Result Delivery (PIRD) office monitors all infrastructural projects and ensure compliance with quality and standards. • The Eye and Ear project by the state planning and Budget Commission monitors all infrastructural projects and disclose findings to the stakeholders. What is the organizational policy, • The State WASH Steering committee is structure, procedure, and culture to carry a high-level committee that coordinates out stakeholder engagement and publicly the WASH sector. disclose appropriate information? • The Kaduna State Water Services Regulatory Commission is an independent agency that interfaces 147 Result Areas Key Questions Responses between the service providers and stakeholders. Are the appropriate E&S staff domiciled in No (domiciled in Kaduna State Environmental your organization? And what are their Protection Authority) technical skills? Do you have the capacity to conduct The inadequate capacity for environmental environmental and social assessment of impact assessment. proposed projects such as: preparation of TORs for E&S Assessments, institutional responsibilities for mitigation and monitoring measures; organizational, financial and human resource arrangements for implementing every mitigation and monitoring measures? Do you have a system that effectively The operationalized harmonized procurement manages the E&S performance of guidelines govern contractor’s selection, quality contractors, including contractor selection, control and corrective action while the project routine supervision, quality control and monitoring systems are used to track progress of corrective actions? works and supervise contractors. Capacity to set up a Grievance Redress There is capacity for grievance redress Mechanism to receive and facilitate mechanism. There is need for technical support resolution of project-related concerns and and capacity building. grievances Do you have environment, health and Yes, there is environment, health and safety safety guidelines for urban water supply in guideline in the water and sanitation policy of the the state? state. Do you have regulations or guidelines on Yes, the state adopts the National Drinking Water water quality/effluent management? Quality standard. How do you manage on-site and post- project runoff of polluted water, controlling sources of pollutants, and treating contaminated water before discharge into drainage systems or receiving waters? What are the systems in place to identify The systems in place are: and manage the environmental and social • Water safety plan risks associated with the construction and • WASHCOMs/LAMs rehabilitation of water services for • Engagement of the school-Based healthcare facilities and schools? Management Committee and Water Consumer Associations • State-level community engagement and mediation What are the systems in place to manage • Water Safety Plan the environmental and social risks • Village-level operations and associated with the operation and maintenance maintenance of water services in schools and healthcare facilities? 148 Result Areas Key Questions Responses Do you have policies and guidelines Yes, the Kaduna state Environmental Sanitation addressing public and worker safety and Law address public and worker safety in all school health, including for school infrastructural project including WASH facilities. infrastructure? Do you have Waste management laws and • Yes, the Kaduna State Solid Waste procedures? How is solid waste Management Law management handled in your state with • Solid wastes are managed by evacuation, regards to civil works activities in the disposal and composting by the state health and education sector environmental agency. UBEC/SUBEBs has put in place the • Interagency collaboration in the state is Minimum Standards for Infrastructure facilitated by the policy councils and the Development including gender-sensitive Kaduna state infrastructure Development toilets. What are the regulatory council provides a synergistic platform mechanisms on synergy? for infrastructural projects. What are the state policies on gender, The following laws dictates policies and disability and gender-based violence in the guidelines on issues related to gender, disability state and plans in addressing them? and GBVH • Kaduna State Disability Law • The Kaduna State Amended Penal Code on Matters related to gender-based violence Do you have E&S • Development of policies and regulations policies/regulations/action plans with governing the installation of water respect to installing water facilities/ facilities in the state is in progress in the services in the health and education sector State Investment Plan in your state What are the procedures to ensure that the • Adequate security provision is made for safety of workers is guaranteed? areas that are prone to unrest • Standard OHS protocol and operating procedures for construction works is applicable to all WASH projects as well. Do potential Contractors prepare a • Environmental and Social Management Contractor’s Environmental and Social Plan (ESMP) is conducted by the agency Management Plan (CESMP) before responsible for the project prior to mobilization to site/commencement of mobilization to the site. civil works?? Are Environmental and Social Yes Management mitigation measures/clauses captured in bidding documents/contracts? • Community engagement What is the mechanism in place to identify • Geographical Survey/Geophysical suitable land for the establishment of • Physical Environmental Examination WASH facilities? • Environmental Impact Assessment • Health Impact Assessment How do you track the functionality of the • Activities of WASHCOMs different E&S systems In WASH project? • LGA WASH staff • WASHIMS and K-MAP real-time data tracking Are drainage management systems built Yes into the design of water facilities? 149 Result Areas Key Questions Responses RA 3: Improved • What were the safety considerations • Consideration of distance from water access to for the location of sanitation and bodies sanitation and hygiene facilities? hygiene • Are there issues of child abuse or • Proximity to the communities GBVH associated with influx in any of the communities where sanitation • Gender and disability friendliness and hygiene facilities have been • No GBVH case related to WASH that provided? was reported to the agency • Was there adequate consultation of • Adequate Consultation is incorporated in stakeholders in the provision of the conception, execution and sanitation and hygiene facilities? management of the projects • What are the systems in place for • Provision of improved toilets for human waste management? containment of human wastes • What capacities exists in communities • Evacuation, digging and burying of to sustainably operate, manage and waste and composting maintain rural water supply facilities • There is plan for construction of human waste treatment plants in the state Roadmap for ODF. • Village-level operation and maintenance (WASHCOMs) • What are the systems in place to The systems in place are: identify and manage the • Water Safety Plan environmental and social risks • Environmental Impact Assessment associated with the construction and • State-level community engagement and rehabilitation of sanitation and mediation hygiene facilities for healthcare facilities and schools? • What are the systems in place to • Water Safety Plan manage environmental and social risks • Environmental Impact Assessment associated with the operation and • State-level community engagement and maintenance of sanitation and hygiene mediation facilities in schools and healthcare facilities? • Do potential Contractors prepare a Environmental and Social Management plan Contractor’s Environmental and (ESMP) is conducted by the agency responsible Social Management Plan (CESMP) for the project prior to mobilization to the site. before mobilization to site/commencement of civil works? • Are Environmental and Social Yes Management mitigation measures/clauses captured in bidding documents/contracts? • What mechanisms have been put in • Training and equipping of local area place to build the capacity of mechanics communities/ LGAs to maintain water • Village-level operations and and sanitation facilities sustainably? maintenance • How are sludge and solid waste • WASH Communities managed across communities? • Sludge/solid wastes are managed by evacuation, disposal and composting by 150 Result Areas Key Questions Responses • Do you have a policies, laws and the state environmental protection regulations on water and sanitation in agency your state? The following documents are in existence in the state • The Kaduna State Policy on Water Supply and Sanitation • The Kaduna State Water Supply and Sanitation Law • Kaduna State Water Services Regulatory Law • How do households handle fecal • Construction of simple improved latrines waste disposal safely? • Digging and burying of fecal waste • How is Sludge and Solid Waste • Sludge /solid wastes are managed by management handled? evacuation, disposal and composting by • Do you have policies on sludge and the state environmental protection solid waste management? agency • There are policies on sludge/solid waste management • What regulations and guidelines exists • The Kaduna State Environmental health to manage occupational health and and safety law process community safety risks associated with the health and safety in all matters related to provision of water and sanitation the environment including provision of services to communities and how are WASH services. they managed by service providers? • The Kaduna State Water Services • What regulations and guidelines exists Regulatory Commission regulates safety to manage community health and risks associated with the provision of safety risks associated with the water services. provision of water and sanitation services to communities and how are they managed by service providers? 151 Annex 5: Summaries of State Level Analysis of E&S Systems in line with the PforR Core Principles. A: FEDERAL ENVIRONMENTAL AND SOCIAL SYSTEMS ASSESSMENT Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA Proposed Gap filling core principles) level) measures (recommendations for the PAP) General Principle of • The Federal Ministry of Water Resources • Weak enforcement capacity is a • Strengthening the capacity of the FPIU, Environmental and (FMWR) is the overall national agency for water major concern. While there seem FMWR through capacity building and other Social Management resources development and management and to be adequate legal and operational support mechanisms. policy formulation. The FMWR sets the national institutional frameworks for • Recruit an Environmental and Social water supply agenda and co-ordinates the managing environmental issues, Specialist in the FPIU to coordinate the implementation with the State and Local the ability of the relevant E&S activities/management at the state Government. institutions to enforce the existent level. • Within the FMWR there are in-country laws is rather weak and would • Coordinate the sates to develop a robust institutional policies: These include require further strengthening. system for environmental compliance ✓ National Water Supply and Sanitation • FMWR has executed a number of monitoring and enforcement at the Policy Bank funded projects and has State/LGA levels ✓ National Water Resources Policy worked with consultants to • Require a Strategic Environmental and ✓ National Hygiene Promotion Strategy prepare Bank’s E&S instruments Social Assessment for Tier 1 and 2 states to Nigeria (ESMF/RPF/ E&S screening/ support the PEWASH, WASH action plan/ ✓ National Irrigation and Drainage Policy E&S Audit) under the Safeguard Nigeria National Water Resources Master and Strategy Polices. However, internal Plan ✓ PEWASH Implementation Strategy capacity has not been built by the • Support the Nigerian Water Research Document ministry to conduct this process Institute (NWRI) through capacity building ✓ Draft Nigerian Guidelines for Rural independently. The rural water programs to integrate E&S practice into the Drinking Water Quality Monitoring and departments do not have prior institutional learning of the water and Surveillance experience or capacity to manage sanitation sector. ✓ Draft National Water Quality Management E&S issues • Develop an accessible grievance system. Strategy • FMWR do not have in-house ✓ Rural Drinking Water Quality Monitoring dedicated E&S specialists with and Surveillance Guidelines adequate technical skills to ✓ Strategies for Scaling Up Rural Sanitation coordinate E&S management and Hygiene in Nigeria (2007) • There is a quality assurance unit ✓ Making Nigeria Open Defecation Free by within the FMWR, but the 2025: A National Roadmap (2016) effectiveness is determined to be ✓ Nigeria CLTS Training Manual (2015) weak as they do not have ✓ Protocol for verification and certification oversight on E&S issues of Open Defecation Free and Total • The agencies do not have any Sanitation Communities in Nigeria. 2nd budgetary projection for E&S Edition (2017) purposes 152 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA Proposed Gap filling core principles) level) measures (recommendations for the PAP) ✓ Guidelines for Hygiene Promotion in • Although the FMWR are aware of Community and Rural Markets in Nigeria ensuring compliance with the (2017) National EIA procedures, there ✓ Guidelines for Hygiene Promotion in are no E&S assessments prepared Schools in Nigeria (2017) or E&S risk management ✓ Expanded Guidelines for WASHCOM requirements followed formation and Training • On E&S performance of ✓ Draft National Policy and Implementation contractors, including contractor guidelines for Urban Sanitation and selection, routine supervision, Wastewater Management in Nigeria. quality control and corrective ✓ Draft Nigerian Roadmap for Water Quality actions, the management of Management contractor’s E&S performance at ✓ Water safety plan participant manual the federal level is weak ✓ Water Resources management strategy • The hiring of staff and consultants ✓ Strategic framework for water supply is a slow process constrained by investment mobilization and application budget and complex recruitment guidelines (WIMAG) procedures. As a result of which ✓ National Water Resources Institute Act the FMWR are able to recruit staff ✓ Draft policy on wastewater management or consultants within a reasonable and urban sanitation in Nigeria, 2008 timeframe. • The various technical departments of the FMWR • Although the PEWASH team has such as Water Supply have implementation created an internet-based experience with Bank-supported projects under communication platform where the safeguards systems. Under the urban water information is shared on supply, these include the 1st, 2nd and 3rd National functionality of installed facilities, Urban Water Sector Reform Project. these platforms do not discuss • Under 1st, 2nd and 3rd National Urban Water E&S specific issues. Sector Reform Project., an Environmental and • Although the FPIU adopts NWRI Social Management Framework (ESMF) and toolkits which guides technical Resettlement Policy Framework (RPF) were implementation for water project prepared and disclosed for implementing states. pollutants, the NWRI manual does not provide adequate guidance on On Environmental and Social Management project induced pollution, • At the Federal level, National Policies, Acts, hazardous and non-hazardous Regulations such as the EIA Act No. 86 of waste materials, etc. 1992) for environmental management are well • There is an absence of reliable defined as are the institutional system’s environmental baseline data in identifying environment procedures, roles and Nigeria 153 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA Proposed Gap filling core principles) level) measures (recommendations for the PAP) legislation that are broadly consistent with the • Although the FMWR has prior Core Principle 1 of the Bank Policy, there is experience on GRM consistent weak coverage of social issues in the national with the Bank’s requirement, the EA regulations GRM implementation process is • FEPA Sectoral guideline: FEPA’s Guideline not adequate covering infrastructure projects deals with both • Although the draft policy on the procedural and technical aspects of EIA for wastewater management and construction projects. The guideline stresses the urban sanitation in Nigeria, 2008 need to carry out an EIA at the earliest stage makes provisions for Effluent possible. quality standards, wastewater, • Environmental Assessment (EA) Department of treated effluent /sludge; these are the Federal Ministry of Environment is not adequate comparable to responsible for ensuring that the environmental international standards. risks are assessed, and adequate measures are taken to mitigate and or manage potential project impacts in line with the Federal Republic of Nigerian EIA Act of 1992. • Nigeria has a climate change policy which guides climate action by government. Nigeria is also part of the Paris Agreement. NESREA is also empowered to enforce non-compliance with environmental laws and regulations. • The Nigerian Environmental Impact Assessment Act (Act 86, 1992) required project implementing agencies to carry out extensive consultations with project affected parties and disclosure of project documents. Natural Habitats and • Nigeria has several forest policies, programs • The FMWR is familiar with and • Coordinate the states in developing a Physical Cultural and guidelines to facilitate the management of has implemented Bank-supported comprehensive screening procedure should Resources forests and other natural habitats. For example, projects that assessed the project be built to carry out an early screening of the National Forest Policy (NFP) 2006, impacts on biodiversity and potential E&S impacts on natural habitat National Biodiversity Strategy and Action Plan, natural habitats, including • Develop a robust management system for Nigeria REDD+ project. The NFP remains preparation of necessary environmental and social compliance relevant in the preservation of the National instruments to manage such monitoring and enforcement on natural ecosystem and addressing climate change impacts consistent with the habitats and “chance find� procedure challenges in Nigeria. Nigeria has a lot of Bank’s requirements under the • Requisite skills are required to monitor the biodiversity sites including sacred groves as previous safeguards. However, the impacts on natural habitats and PCR detailed in the National Biodiversity Strategy, ministry relies on third-party 154 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA Proposed Gap filling core principles) level) measures (recommendations for the PAP) however, it is not envisaged that the program consultants to carry out such will have any adverse direct impact on assessments biodiversity. • The FPIU does not have specific Other Federal Governing laws on environment and experience with Cultural Heritage water resources include: neither does the parent ministry ✓ The Endangered Species Act, Cap E9. have adequate experience ✓ The National Parks Act. • The Nigeria EIA Act does not ✓ Water Resources Act, Cap W2, LFN 2004 include assessments of risks and impacts on cultural heritage. On PCR related aspects, the Federal Ministry of • The EIA requirement for Information and Culture consultation with communities does not capture aspects related to the protection/safety/integrity of cultural heritage sites • The enforcement of biodiversity and natural habitat laws at the federal e levels is often weak. Public and Worker • The FMWR has a Human Resource Department • The HR department under the • Coordinate the states in developing Safety which applies the existing labor laws of the FMWR do not have oversight to guidelines and manuals for mainstreaming country to manage and improve on the working apply the labor laws to the sound environmental, and OHS risk conditions of ministry’s employees. ministry’s consultants and service management in construction contracts and • There is a revised National policy on occupational providers. ESIAs in WASH interventions safety and health, 2020 • The national EIA system does not • Capacity strengthening through training and • The legal/regulatory system of the country comprehensively encompass workshops to the FPIU to better manage includes provisions for protecting worker, aspects of public and worker labor-related issues. adopt international best community and public safety. Some of these safety practices in the monitoring of child labor. include, Labor Act of 2004, the Trade Union • There is general lack of awareness Amended Act of 2005, and the Employees on public health and safety issues, Compensation Act of 2010. See Table III.5 particularly in relation to exposure • NESREA has regulations to protect the public to hazardous materials, workplace from hazardous chemicals, pesticides, and safety aspects are and are unaware agrochemicals (National Environmental of the potential risks involved in (Hazardous Chemicals and Pesticides) handling hazardous wastes Regulations, S.I. No 65, 2014). • Lack of awareness of relevant • The country also has some legal statutes and authorities’ staff to appreciate the provisions to protect workers. Some of these need to ensure occupational health include, Labor Act of 2004, the Trade Union and safety. 155 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA Proposed Gap filling core principles) level) measures (recommendations for the PAP) Amended Act of 2005, and the Employees • Lack of stringent punitive Compensation Act of 2010. measures against abuse of laborer • The federal government has the Ministry of Labor and use of child labor. and their responsibilities include the protection of • Lack of commitment and the rights of workers. institutional capacity to enforce • The Federal Child’s Right Act (CRA) (2003) extant laws that protect the rights codifies the rights of children in Nigeria. It has of workers and discourage forced penalties on the use of child labor labor • The Nigerian Labor Law requires compliance with all national and international labor laws on occupational health and safety. The law requires routine inspection of workplaces, accident investigation, preparation of safety and health regulations, code of practice, guidelines and standards for various operations, processes and hazards. Land Acquisition • The FMWR has no well- designed resettlement • While the Land Use Act of 1978 • To ensure the consistency of the Program policy framework governs all land in Nigeria, the with Core Principle 4 and to minimize the • The FMWR often works with social consultants nature of compensation and risk of significant economic and physical to develop Bank-required RPFs under the impact mitigation under the Act is displacement National Urban Water Sector Reform Projects limited when viewed from the perspective of international best practice. • The Land Use Act is unclear regarding standards for replacement land; and status and compensation for customary land • The land use act does not make provisions for livelihoods restoration and improvements • Within the FMWR, there are no adequate lessons learnt at institutional level. 156 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA Proposed Gap filling core principles) level) measures (recommendations for the PAP) Social Considerations • Chapter IV of the Nigerian Constitution contains • Although FMWR has prior • Strengthen the existing GRM process - Indigenous Peoples a variety of fundamental rights set out in Sections experience with Bank’s • Robust stakeholder engagement strategy on and Vulnerable 33 - 44. Of particular relevance is Section 42, stakeholder engagement consultation, information disclosure and Groups which prohibits discrimination on the grounds of requirements, however, there are grievance mechanism) should be ethnic origin, sex (gender), religion, or linguistic no demonstrable experience, developed as part of the outreach program affiliation. processes or documents that targeting the vulnerable groups. • There is a Federal Ministry of Women Affairs and shows adequacy of the system • Improved stakeholders training should be Social Development that deals with all gender • There is lack of capacity in provided in social inclusion issues and related issues especially as it concerns the Ministries of Women Affairs and methodology for improved outreach work. vulnerable especially women youths and People Social Development to tackle the living with Disabilities (PWDs). They have a unit issues of GBV and other issues that deals with GBV and discrimination. relating to gender and youths. • The federal government of Nigeria has signed • There is weak knowledge of the many treaties on women issues including the public especially vulnerable CEDAW in 1999 and has a gender policy. There groups regarding the issues of is also the Violence Against Persons GBV and how to handles cases of (Prohibition)Act 2015. GBV especially sexual abuse. • Several policy statements and programs at the • There is weak of capacity in federal levels clearly indicate the nation’s Ministries of Women Affairs and commitments to achieving the Sustainable Social Development to tackle the Development Goal (SDG) on gender equality. issues of GBV and other issues relating to gender and youths Social Conflict • The constitution of the Federal Republic of • Lack of a Grievance Redress • Strengthened stakeholder engagement and Nigeria 1999 (as amended) provides in Section 17 Mechanism (GRM) for the poor and grievance redress mechanisms and increased (3) (g) that “the State shall direct its policy vulnerable. Although Nigeria has a transparency to provide information and towards ensuring that provision is made for public justice system with courts where communication avenues for complaints and assistance in deserving cases, or other conditions people can seek justice, poor and their resolutions. of need. vulnerable people do not have the • Federal throughout the country with well-trained capacity to seek justice in courts. police and security forces who maintain the rule • The available GRM are weak and of law and also provides security against bandits ad-hoc and not properly and during clashes between farmers and herders. institutionalized. This is to ensure There is also a justice system with courts where that people’s grievances are people can seek redress. properly redressed even when there • The federal government also has the public is need to seek further redress if the complaints commission where people can make individual is not satisfied with the complaints regarding administrative injustices. outcome of existing arrangements. 157 B. DELTA STATE ENVIRONMENTAL AND SOCIAL SYSTEMS ASSESSMENT Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) General Principle State State • There is the need for continuous of Environmental • Delta state has a robust institutional framework for • There is provision in the consumption capacity building and provision of and Social the management of environmental and social and Water and Sanitation Facilities technical resources in terms of Management issues in WASH related programs through: Standards for Access and supply to training and guidance for all - Delta State Environmental Protection Law: basic water service delivery location of departments at the State and Local Provides the requirements for environmental water service points, water sanitation Government level. assessment of all projects (including WASH facility for rural communities and small • Synergising, restructuring or related). towns and a designated area for redefining roles of the departments of - Delta State Waste Management Board Law Sanitary landfills to take care of urban Water Quality Control and Sanitation of 2004: The waste management board sewage. What is not verifiable is if these (MWRD) and Sanitation and Waste provides M&E functions within its department are indeed being implemented and Management in the Ministry of of operations, and the law focuses on effective monitored. Environment, to eliminate repetition waste collection, management and disposal in • Other than the WASH policy, the other and overlapping duties and also avoid the State regulations are focused on conflicts and confusion on the - Delta State Water Law of 2018: The law environmental issues, leaving a gap in stakeholders’ part. caters for the establishment of key WASH the management of social risks and • Capacity building on social regulatory entities in the State such as impacts. performance and Introduction of DUWASCO, Delta state RUWASSSA and the • The M&E functions are currently set up social management systems to ensure state water sector regulatory commission. for environmental component only. No the integration of social risk - Delta State Ecology Law, 2006 for the system in place for monitoring the management into WASH activities. management of environment (Ecology and social aspect. • There is a need for a standardized EIA) within Delta state. It also highlights • Overlapping responsibilities across the protocol for stakeholder engagement, persons responsible for enforcement. different MDAs within the State. For communication, public disclosure - Delta State Water and Sanitation Policy instance, Urban sanitation is the and dissemination and the State and 2015: provides the required frameworks to responsibility of both departments of LGA levels. improve water and sanitation services Water Quality Control and Sanitation delivery, management of environmental and (MWRD) and Sanitation and Waste social issues, institutional capacity building Management in the Ministry of and awareness raising in the State. Environment. As a result, there is an • There is provision for the roles, enforcement and overlap in their duties. activities of MDAs to manage the E& S impacts in • No standalone state-wide protocol for the water and sanitation sector, including waste public engagement, information management. dissemination and awareness raising for • Delta state has a designated environmental protect WASH. agency- DELSEPA. DELSEPA has the capacity to 158 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) advise on environmental issues, implement the state EAP, monitor the implementation of EIA and LGA is generally responsible for environmental matters • No defined protocol for public in the State. The State is able to issue EIA engagement, disclosure, communication certificates upon completion of ESIAs for and information dissemination. proposed projects. • Ministry of Environment and the State Task Group on Sanitation (STGS) anchor and coordinate sanitation activities. • Institutionally, there are two departments and two implementing agencies, in both Ministry of Water Resources Development (MWRD) and Ministry of Environment involved in Sanitation activities in the State. - Under the purview of the Ministry of Environment, Department of Sanitation and Waste Management, DELSEPA and Delta State Waste Management Board (DSWMB). • Delta State has a framework for public engagement and dissemination through the DESUWACO. This framework also explains the grievance redress mechanism for WASH services. • At the state level, Delta State Water and Sanitation Sector Coordination Committee and Delta State Task Group on Sanitation exist to oversee and coordinate WASH service delivery. • Delta state is a member of the PEWASH program which supports collaboration for WASH projects. • The WASH policy caters for monitoring and evaluation by placing the responsibilities for M&E on the MWRD and other MDAs through Policy Statement 5- Standards and Policy Statement 18- Monitoring and Evaluation of Services, Policy Statement 20- Data Management and Information System. The implementation of the M&E functions is supported through the State’s M&E framework. 159 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) • The State reported that staff use WASHIMS and Enterprise Resource Planning software to collect M&E data related to WASH implementation. LGA • The Local Government Councils in the State have departments of Environment and WASH units that collaborate with the relevant MDAs and supporting agencies in the implementation of sanitation activities in the State • Local Government Technical Committee exists for implementation of the WASH policy. • The LGA liaises and participates in project follow- up programmes as designated by the state ministry of environment. • The State supports the establishment of various community level platform to support WASH delivery. These include WASCHCOM, WCAs, CLTs and VLOM. • The WASH policy statement 18 makes provisions for the establishment and operationalization of M&E units at the LGA level. • Public engagement, communication and dissemination through mass media, civil society organizations (CSOs), WASHCOMs, NEWSAN Delta state chapter and community leaders. Natural Habitats State State • Delta State should develop guidelines and Physical • Delta State has laws and regulations guiding the • No provision for laws guiding the and laws for the management of Cultural management of natural habitats and resources, e.g. management of cultural resources. cultural resources in the State. Resources Delta State Ecology Law 2006 and Delta State • The process of land identification and Water and Sanitation policy. selection at the community level • Delta State has a Department of Natural Resources should be institutionalized and Management in its Ministry of Environment that embedded within a state law to oversees the management of natural habitats and ensure the preservation of resources in the State biodiversity and cultural resources. 160 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) • The Delta State Ecology law makes it compulsory to conduct an Environmental Impact Assessment (EIA) for projects that may encroach on forest land, mangrove swamps, wildlife parks, etc. • The Delta State Ministry of culture and tourism protects cultural heritage and resources within the State. LGA • STOWASSAs, RUWASSAs and other water departments, as well as WASHCOMs and representatives from LGAs, have specific roles they play in ensuring lands for WASH projects do not encroach on protected habitats or natural and cultural resources. Public and State State • Need for the creation of a sustainable Worker Safety • Labour matters in Delta State are guided by the • Even though there is a procurement law, framework guiding public and federal labor law. it does not factor in procurements worker safety, to incorporate OHS • The State’s WASH policy has a well-defined preference to local community and CHS issues. institutional framework for the delivery of WASH suppliers, resources workers etc. • Delta State actors need to create a services. • No explicit provisions for CHS in the team of well-trained safety policy • OHS standards are embedded within the WASH State’s WASH policy. enforcers to serve as the major driver policy and enforced through project management • Despite having an OHS provision in the of safety in WASH projects. and supervision WASH policy, there is a glaring lack of • Regular sensitization for safety • The State has domesticated the child rights act professional awareness to measures on professionals on the need to ensure through its Child Rights Law of 2018 to protect WASH projects. safety in WASH projects. the interest of young people • Lack of a health officer in the LGA • Ensure that adequate and sufficient • The State also has documented procurement level PPEs are provided for workers. guidelines and Public Procurement Law 2020, • Create awareness on WASH projects which guides the procurement of services concerning public and workers (including contractors) and goods for all projects safety. in the State. • Delta State needs to create a bespoke • Delta State requires contractors to produce grievance redress mechanism to CESMP prior to commencement of WASH handle workers complaints and constructions grievances. 161 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) LGA • Community engagement activities are carried out at LGA level through WASHCOMs to ensure CHS and OHS Land Acquisition State State • Delta state needs to make adequate • Delta state has no policy and guidelines in place • There is no provision for compensation compensation and accountability for land acquisition and use. payment to physically and economically regarding physically and • The State has site take over and hand over forms displaced persons economically displaced persons as part of PEWASH program for documentation of • There is no provision for voluntary land • The State should make provision for land agreement and transfer for WASH projects. acquisition at the state level. the displaced and temporary This is overseen through RUWASSA. The forms resettlement support to prevent are signed by the WASHCOM head, community LGA adverse impacts. head, contractor, WASH unit in the LGA and state • In Delta state, some communities • Delta state would have to make it supervisor has to sign. At project completion, a donate their lands freely, but there is no certain that strict processes have to site hand over form is signed to indicate provision for voluntary land donation in be followed to make sure land agreement. the Land Use Act. acquisition is voluntary without • Inadequate documentation for the encumbrances LGA process of community land transfer for • Delta state needs to establish a • Identification and donation of land for WASH WASH project framework/protocol for voluntary facilities at the community level is through land donation in collaboration with WASHCOMs SURWASH. • Community level stakeholders, including WASHCOM, community head, WASH unit in the LGA are signatories to the site take over and hand over forms for WASH projects. Social State State • The State should develop a tailored Considerations - • The State has a Ministry of women affairs to • The Technical Guide on WASH and robust gender policy, and Indigenous manage gender issues. The ministry adopts the Facilities in PHCs does not address the resources to address gender Peoples and National Gender Policy that caters for equal design and construction of WASH vulnerabilities and other gender Vulnerable opportunities and treatment for women. facilities to be tailored to meet the needs related issues associated with Groups • The Delta State gazetted the Child Rights Law of women. WASH. 2008, which addresses the vulnerability and the • The State lacks the procedure to manage • The Child Rights Law 2008 must be place of the Child. gender related issues such as GBV and revised and updated to show • The Delta State WASH Policy clearly outlines SEA should these arise. improvements and sustainable considerations for Women, considering safety, 162 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) cultural compliance, adequate representation (e.g. LGA developments prospects and concerns in WASHCOM) and inclusion in WASH Policies • There are no clear cut/defined roles for of the Child. and Decisions at all levels. The document also most of these CSOs, as they rely on • The Technical Guide on WASH highlighted the need for women, people with external funding and interventions to Facilities in PHCs should reflect the special abilities, people living with HIV/AIDS to operate. special WASH needs of women, such be specially trained and retrained on WASH as special changing rooms, waste advancement. disposal components need. LGA • WASH consultants should be • There are CSOs for youths and women in Delta engaged to develop a comprehensive state looking to tend to their needs and rights. This Design and Construction WASH is essential to complement government efforts on Facility Template and Guides that development issues. meets international developments standards and fits into the local landscape of Delta State – a hugely riverine and swampy terrain. • Delta state government should improve on collaborations and partnerships with CSOs and other non-governmental agencies, to facilitate inclusive policies, projects and interventions in Delta State. Social Conflict State State • The State needs to develop and • The State has police force and security personnel • Although it was indicated in the Grievance Redress Mechanism responsible for maintenance of law and order in SURWASH questionnaire that there is a specifically for the WASH sector the State. GRM process in the wash policy for the with clear processes for filing, • Grievances in the State are generally managed management of conflicts in the WASH record- keeping, management and through the Ministry of Justice. The State has a sector, this is not existent in the Delta resolution of grievances as well as court system for adjudication. state WASH Policy. responsible persons. This could either • The internal mechanism available for grievance • The GRM presented in DESUWACO’s be a separate document or embedded redress in the WASH is the mainstream customer customer charter is a light touch and in the WASH policy. complaint desk and SERVICOM offices at the does not provide a robust process to • Delta State needs to update and various ministries. handle grievances in the WASH sector strengthen the GRM to facilitate • DESUWACO has a customer charter, produced in comprehensively. The GRM also focus resolution of conflicts related to 2020 to disseminate information and enlighten on customers and does not cater for customers and staff. customers on the feedback process. staff. 163 Core Principles Systems Assessment (and how it compares to the Analysis of the gaps (State/LGA level) Proposed Gap filling core principles) measures (recommendations for the PAP) • The dispute resolution for LGA LGA WASHCOMs should be revised to • There is the existence of the traditional leadership • The dispute resolution mechanism for cater for external grievances from system, CSOs and community representatives WASHCOMs does not cover disputes community members. responsible for resolution of conflicts at the between external stakeholders like community level community people and WASHCOMs. • The Standard Operating Procedure for WASHCOMS and Federation of WASHCOMS has a dispute resolution mechanism for disputes among WASHCOMS organizations. 164 C. GOMBE ENVIRONMENTAL AND SOCIAL SYSTEMS ASSESSMENT Core Principles Systems Assessment (and how it compares Analysis of the gaps (State/LGA Proposed Gap filling to the core principles) level) measures (recommendations for the PAP) General Principle of State State • The WASH sector institutions Environmental and • Gombe state has a designated agency for • There is weak policy at the state should be strengthened by: Social Management the management of environmental and level for addressing environmental o Training of staff to build sanitation issues, and development of and social risks associated with their capacity for policies and guidelines to undertake its WASH projects. E.g. The environmental and social mandate (GOSEPA). The activities of this GOSEPA law mentions management agency are governed by the GOSEPA law. environmental risks such as air o Financial support for the GOSEPA’s organogram shows the state quality, noise and hazardous management and provision has designated units for sanitation and substances but does not provide of WASH facilities. waste management. details on how they will be • There is a need for GOSEPA to • The state has an institutional framework managed. develop a standardized and robust for the management of WASH projects- • Even though it was indicated that system for monitoring WASH The State WASH policy of 2016, Gombe there is a specific department in programmes across all levels of State Water Board, Gombe State charge of EIA and environmental implementation. RUWASSA, Sanitation and Environment officers responsible for • State laws for management of law and Waste Management Law. The management of environmental and environmental and social risks need WASH Policy of 2016 identified areas of social issues, the organogram of to be amended to include social change and proposed a new organogram GOSEPA does not explicitly show aspects of risks management. and the establishment of new agencies to this. • There is a need for a standardized strengthen the institutional framework of • The institutional and legislative protocol for stakeholder engagement, the WASH sector. However, framework of the state focuses on communication, public disclosure implementation of these has not been the management of environmental and dissemination. verified. risks with no consideration for • Gombe state should inculcate • The state does not have its own EIA law social risks management. grievance redress management into but adopts the federal Republic of • There is inadequate human its E&S regulatory framework as part Nigeria’s EIA Act of 1992. The state is resources capacity at the state level of the social component. able to issue EIA certificates upon for management of environmental completion of ESIAs for proposed and social risks. Though the projects. assessment indicated that the state • The state has a monitoring team for has personnel responsible for E&S adherence to health and sanitation management, the capacity and standards. 165 Core Principles Systems Assessment (and how it compares Analysis of the gaps (State/LGA Proposed Gap filling to the core principles) level) measures (recommendations for the PAP) • There is no institutional mandate in sate qualification of the personnel are urban water board to manage E&S inadequate. concerns • There is low capacity in terms of resources for E& S management at LGA the state level. E.g. The WASH • The environmental health officers at the policy of 2016 indicates that there LGA level handle WASH units and are no financial resources for ensure environmental protection at the management of public sanitation LGA level. facilities. • The WASH policy of 2016 sets out the • No formal protocol for stakeholder responsibilities for the LGA WASH engagement, communication and units, including the implementation of the dissemination with regards to VLOM strategy and supporting the WASH related projects/issues. establishment of WASHCOMs. • No evidence of monitoring • LGAs use the Kobo Toolbox for functions on GOSEPA monitoring of environmental and social organogram. issues relating to WASH. • Informal processes exist for stakeholder LGA engagement, communication and • Although the GOSEPA law dissemination through WASHCOM and mandates the establishment of the use of mass media, civil society environmental protection bodies at organizations (CSOs), NEWSAN Gombe the LGA, details of the state chapter and community leaders. composition and roles of this body is not specified. Natural Habitats State State • The state should hasten the process and Physical • Gombe state has a designated Ministry of • Gombe state currently lacks a of development of its Forestry edict. Cultural Resources Environment and Forest Resources bespoke policy for the • Adequate support and infrastructure responsible for ecosystem preservation management of natural habitats should be put in place to support the and biodiversity conversation. and cultural resources. sustainable implementation of the • Gombe state does not currently have its edict when developed. own forestry law/policy but has a LGA • The SURWASH project team Forestry edict under review. • Lack of framework and capacity should ensure land donated are not • The state adopts Nigerian Forestry Law for biodiversity and ecosystem located in protected/important for the preservation and conservation of preservation at LGA level. biodiversity sites. forests. 166 Core Principles Systems Assessment (and how it compares Analysis of the gaps (State/LGA Proposed Gap filling to the core principles) level) measures (recommendations for the PAP) • Protection of cultural resources is covered within the Cultural policy for Nigeria. Public and Worker State State • There is a need for the creation of a Safety • The Gombe state government has the • Lack of professional awareness for sustainable framework guiding Ministry of Environment and Labour who safety enforcers to develop and public and worker safety have the mandate to protect the rights of implement safety policies on • Gombe state actors would have to workers at the state level. projects. create a team of well-trained safety • The state also has the Ministry of Works • Lack of capacity to address child policy enforcers that would serve as who provide construction laws and labour issues should this arise. the major driver of safety in guidelines for construction or SURWASH projects rehabilitation activities. LGA • There should be a regular • The state does not have its own labour and • Lack of OHS guidelines and sensitization for safety professionals child labour laws but adopts those of the procedures at the LGA level. on the need to ensure safety at work. Federal Government. • Ensure that adequate and quality • Gombe state has an Occupational Hazard PPEs are provided for workers Unit in the Ministry of Health that • There is need to create awareness oversees OHS in the WASH sector. regarding SURWASH projects • The state has a due process office guided concerning public and worker safety. by the Procurement and Public • Gombe state would have to put in Procurement Bureau law of 2019. The due place a bespoke Grievance redress process office is responsible for the mechanism to handle workers procurement of contractors, but the conflicts and grievances. responsibility for safety remains with the Ministry of Environment. LGA • There are no OHS guidelines and procedures that can be adopted by contractors, firms, employers of labour, workers and the general public. Land Acquisition State State • Gombe state would have to • Gombe state has no specific regulation • There is no provision for voluntary ensure that due processes are and guideline to guide in the acquisition of land acquisition at the state level. followed to ensure land land for any purpose. • No provision for managing acquisition is indeed voluntary LGA displacement and resettlement. without encumbrances. 167 Core Principles Systems Assessment (and how it compares Analysis of the gaps (State/LGA Proposed Gap filling to the core principles) level) measures (recommendations for the PAP) • Since the state has no specific regulation • No provision for managing • There is need for Gombe state to guiding land acquisition, the LGA’s role is project-related grievances. establish a framework/protocol not defined. • No provision for compensation for voluntary land donation in payment to physically and collaboration with SURWASH. economically displaced person. • Gombe State should develop an LGA E&S inclusive land acquisition • The role of the LGA in land framework bespoke to water and acquisition for SURWASH sanitation projects programme is not defined. • Gombe state should make provision for compensation over loss of assets and livelihood which result from the acquisition of land for SURWASH projects • Adequate training and capacity building of the LGA WASH Departments and WASHCOMs on sustainable land access and the role of consultations and participation, sufficient documentation, compensation, grievance management and gender considerations in site selection and land access. Social State State • The state should ensure there is Considerations - • Gombe state has no framework/policy • There is a lack of capacity to a policy in place to curb the Indigenous Peoples implemented with regards to vulnerable tackle vulnerable groups and other widespread issues of vulnerable and Vulnerable groups (such as people with disabilities, relating issues. groups Groups GBV victims) in the state. • There is a lack of a Grievance • Gombe state should organize Redress Mechanism for the poor and manage a community-based LGA and vulnerable. development participatory group • WASHCOMs exist to protect the interest • The state doesn’t have a policy or to allow the participation of the of vulnerable groups and gender related guidelines to deal with the vulnerable groups in programs issues related to WASH projects. vulnerable groups to ensure they • Gombe State should develop an are not treated unfairly educative programme for the • There is inadequate infrastructure vulnerable groups to help in in place to combat problems skills acquisitions and other regarding vulnerable groups means of upliftment. 168 Core Principles Systems Assessment (and how it compares Analysis of the gaps (State/LGA Proposed Gap filling to the core principles) level) measures (recommendations for the PAP) • The state should ensure that all LGA programs are designed to be • There is no clarity on the exact accessible to all vulnerable responsibilities of Gombe state groups no matter where they WASHCOMs in relation to belong vulnerable groups and gender • The state should ensure that issues. attention and cooperativeness need to be giving to the rights and interests of vulnerable groups Social Conflict State State • Gombe state should implement • Gombe state has an existing judicial • Lack of state-wide a Grievance policy/ laws to prohibit and reduce commission of committee for resolution Redress Mechanism the issues on conflicts. of social related conflicts. process/framework • The state needs to be transparent in • Gombe state has the police and other • There is no provision of feedback information dissemination and security agencies who maintain law and of submitted grievances. communication to strengthen the order and also provide security. resolution of conflicts. • The state has several courts such as area LGA • The state needs to establish agencies court, chief magistrate court, high court, • The roles of the LGA actors in for grievance redress and peaceful etc. where conflicts are resolved. social conflicts have not been resolution of disputes related to • The state Ministry of Women Affairs has clearly defined in the Gombe State WASH services. a framework for GRM but not specific to WASH policy. • Customer relations unit should be set WASH programmes. up with the GSWB and RUWASSA • The state also has the Public Complain for WASH related issues/grievances. unit responsible for collating and • Gombe State needs to update and escalating project related grievances. strengthen the GRM to facilitate LGA resolution of conflicts. • The community leaders (traditional leaders, religious leaders, CDAs), WASHCOMs and civil society organizations are also instrumental in resolving conflicts at the community level 169 D. PLATEAU STATE ENVIRONMENTAL AND SOCIAL ASSESMENT Core Principles Systems Assessment (and how it compares to Analysis of the gaps (State/LGA Proposed Gap filling the core principles) level) measures (recommendations for the PAP) General Principle of • The Plateau State Ministry of Water • The Plateau State Ministry of • Develop a comprehensive Environmental and Resources and Energy has the responsibility Water Resources and Energy screening procedure should be Social Management for the co-ordination of all State water indicated compliance through the built to carry out an early supply and sanitation agencies and all PEPSA on urban and rural WASH screening of potential E&S effects WASH implementation activities. It also operations in the state but there of the Program such as measures carries out direct supervision of some water exist operational and for, waste management, work and and sanitation projects. implementation gaps in safety standards, security • The ministry has the following laws and coordinating E&S risk measures, and a “chance finds� policies: management and monitoring of procedure for physical cultural ✓ Draft Water & Sanitation Policy, WASH interventions especially in resources and captured in the 2012 (within the context of the PRUWASAs ESIA process national water and sanitation • The WASH agencies (PCWWC • Develop an E&S management policy) and PRUWASAs) have no unit system that builds in processes ✓ Plateau state water resources and that oversees environmental and such as preparation of TORs for sanitation policy ministry of water social issues and do not have in- E&S assessments, institutional resources and energy, 2017 to house dedicated E&S specialists responsibilities for mitigation and provide a guide on the sustainable but rely solely on PEPSA and monitoring measures, use of water and sanitation MOE responsible for E&S aspects identification of organizational, ✓ A law to provide for the plateau who also lack the requisite financial and human resource state water sector law and for other technical capacities in terms of arrangements for implementing matters connected, 2019 skills, qualifications, and number every mitigation and monitoring ✓ Water Sector Regulatory of personnel to ensure effective measures, clearance, approvals Commission Drilling-License-And- E&S management and monitoring and disclosure of E&S Groundwater-Regulation June 2020 functions instruments. • Plateau city wide water corporation • The Draft Water & Sanitation • Develop a robust system for (PCWWC)/ Plateau State Water Board Policy, 2012 outlines strategies for environmental and social (PSWB) is the primary agency for the enhancing the protection of compliance monitoring and implementation of Urban and Small Towns environment, however, there is no enforcement at the State/LGA water supply and Plateau State Rural Water track record of an effective levels. ESHS measures/provisions Supply and Sanitation Agency coordination of water and should be made a key requisite in (PRUWASAs) oversee rural WASH sanitation services and E&S civil works contracts for WASH programs in the state under the Ministry of management in the state infrastructure and ESHS Water Resources and Energy • Although the WASH Policy checklists developed for regular • The 2012 WASH policy stresses the need for (2017) states that all major water monitoring based on the the establishment of Plateau State Water projects must undergo 170 Supply Regulatory Commission while the Environmental Impact Assessment monitoring plan captured in 2017 WASH policy states the need for the (EIA), there is a need for effective ESIAs establishment of a Plateau State Water and implementation of applying E&S • Develop a reporting mechanism Sanitation Regulation Agency (regulatory mitigation measures in practice. of progress on environmental and functions yet to be determined) The Plateau State Environment social issues (Quarterly/Annual) • The 2012 WASH Policy outlines Ministry/PEPSA noted that these • Strengthen in-house capacity of requirements for the adoption of National agencies rely on the FMEnv to the agencies responsible for E&S Standards for Drinking Water Quality and facilitate EIA/ESIA process, risk management (PEPSA) setting standards for compliance as well as however, these implementation through capacity building enforcing the standard while the WASH requirements are weak. The EIA programs and other operational Policy (2017) outlines strategies on quality process/certification is currently support mechanisms. The E&S guidelines and standards on water quality, being carried out by NESREA capacity especially at the local public health, hygiene and pollution control who issue audit certificates. level (PRUWASA) requires mechanisms. • Procedures requiring E&S significant improvements for E&S • The WASH Policy (2017) states that all screening of activities that lead to effectiveness major water projects must undergo E&S assessments are not carried • Conduct annual E&S audits Environmental Impact Assessment (EIA) out. • Assignment of project staff to and also establishes provisions for • It is not certain if the Plateau environmental and social preparedness and contingency plans for Environmental Protection and management in the PIU water-related disasters and emergencies, Sanitation Agency (PEPSA) which impact of climate change and climate is under the Plateau State Ministry variability as an integral part of water of Environment contain resources management. environmental assessment • On environmental and social risk requirements for projects and management of proposed WASH procedures as well as the interventions, the state complies by the enforcement mechanism of E&S National Environmental Impact Assessment management of WASH activities (EIA) Act No. 86 of 1992 provides a statewide. This includes capability comprehensive legal and regulatory to monitor and report on the framework for environmental and social environmental and social impact assessment that is broadly consistent performances of the with the Core Principle 1 of the Bank Policy project/implementation of E&S and Directive and EIA certificates are issued management measures, quality of by the FMEnv at the state level supervision, quality of Contractor • Plateau Environmental Protection and Management, budgetary projection Sanitation Agency (PEPSA) which is under for E&S purposes. the Plateau State Ministry of Environment is • There is insufficient track record the main organ of the State Government for of compliance with relevant solid and industrial waste management; national or state EA regulations such as documented 171 • The Plateau State Environment Ministry/ ESIAs/ESMPs with EIA PEPSA relies on the FMEnv to facilitate certificates issued. EIA/ESIA process for large scale projects • Local level capacity should be • An example of an EIA prepared under an EU improved in the PRUWASA. funded Technical Assistance for There are no E&S systems or Implementation of Water Supply and officers at the PRUWASA level. Sanitation Sector Reform Program Phase III • The management of contractor’s (WSSSRP III) in 2 LGAs of Riyom and E&S performance at the state Shendam. The environmental evaluation levels is weak. ESHS provisions in ensured consistency and compliance with the the procurement law/bid Nigerian Statutory requirement as qualification requirements are entrenched in the Nigerian EIA Act - inadequate Environmental Impact Assessment Decree • While the state relies on the (Act)- (No.86 of 1990) Retained as Cap E12 National EIA law, there is weak LFN 2004 the Water resources Act 101 of coverage of social issues in the 1993 and the NESREA Act of 2007. It is national EA regulations also in compliance with the relevant EU EIA • Although the WASH sector has legislation – The EIA Directive 2014/54/EU created platforms where on Environmental Assessment of information is shared on development projects in the European functionality of installed facilities, Union. these platforms do not discuss • Plateau State Ministry of Environment has a E&S specific issues. technical department responsible for • The state relies on National environmental assessment and climate standards on effluent management change. as there are no guidelines available • The water sector law has permits and on effluent management under the licensing procedure to allow environmental state environmental law clearances from the relevant agencies • Under the Plateau State Bureau of • The state has a procurement process under Public Procurement Law (2018), the Plateau State Bureau of Public there are no provisions for bidders Procurement Law (2018) where contracts are to include ESHS requirements as management and supervised. The General part of the bid process and conditions of contracts specifies clauses on provisions for contractors ESMP Safety, Security and Protection of the (CESMP) to be prepared. Environment for instance on the Intervention • Although the Federal EIA Act has in Langtang Water Treatment Plant provisions for stakeholder • Plateau state relies on the national EIA Law consultation throughout a project which has procedural guidelines that life cycle, the state does not have a requires ongoing consultation with project- structured or demonstrated affected groups throughout the project life. stakeholder engagement 172 • Plateau State has a public service grievance process/mechanisms to ensure that procedure under the office of the head of stakeholders are identified and that civil service which stipulates the grievance their views, concerns, and procedures for employees who have a suggestions are systematically grievance or complaint and the roles of the considered. The capacity to Human Resource Office in the Procedure undertake stakeholder engagement at all levels and publicly disclose appropriate information is inadequate. • The grievance redress systems are not well defined and are not fully functional at the urban water and PRUWASSA level relating to E&S management issues • There are no policies, laws and regulations that guides the sludge and solid waste operations. However, fecal waste/sludge disposal is carried out by private operators in urban areas into designated dumpsites and by burying in rural areas which is not environmentally friendly and unsustainable. • The WASHCOMs do not have the capacity to conduct environmental and social assessment for proposed WASH projects and do not have oversight functions on contractors at the LGA level. Natural Habitats and Plateau State has laws such as the Plateau • The Nigeria EIA Act does not • Comprehensive screening Physical Cultural Environmental Protection and Sanitation include assessments of risks and procedure should be built to carry Resources Agency (PEPSA) 2001 which is under the impacts on cultural heritage. out an early screening of potential Plateau State Ministry of Environment • The EIA requirement for E&S impacts on natural habitat consultation with communities • Develop a robust management does not capture aspects related to system for environmental and the protection/safety/integrity of social compliance monitoring and cultural heritage sites enforcement at the State/LGA • The enforcement of biodiversity levels on natural habitats and and natural habitat laws at both the “chance find� procedure 173 federal and state levels are often • Requisite skills are required to weak. monitor the impacts on natural habitats and PCR at the state and local government levels Public and Worker • On Occupational Health and Safety (OHS), • The occupational and health safety • Develop guidelines and manuals Safety Plateau state has domiciled occupational and policy in building construction for mainstreaming sound health safety policy in building construction projects is not robust enough as environmental, and OHS risk projects under the labor department of the there are inadequate guidelines to management in construction office of the head of civil service ensure adherence through the contracts and ESIAs in WASH • The OHS legal/regulatory system includes procurement process for bidders interventions provisions for protecting people and and EA instruments to comply to environment that is applicable to regulating OHS requirements on urban and the use of hazardous substances used in the rural WASH interventions. construction industry Enforcement of these laws at the LGA level is weak. • There is no documentation that Plateau State do have specific laws or regulations to avoid the use of child and forced labor in the implementation WASH activities Land Acquisition • Plateau state has no policy and guidelines in • The Land Use Act only makes • Capacity building on sustainable place for land acquisition. The National provisions for compensation land access, through trainings and Land Use Act of 1978 modified in 1990 is payment and compensation workshops the legal basis of land acquisition and provisions for those who have • environmental and social administration. recognized land rights such as guidelines to be prepared to Certificate of Occupancy to the address land acquisition based on land national laws and regulations as • The land use act does not make well as good international practice provisions for livelihoods • Training and capacity building of restoration and improvements the LGA WASH Departments and • The are no systems within the WASHCOMs on sustainable land Ministry, and the local access and the role of consultations governments or the WASHCOMs and participation, sufficient units to conduct the requirements documentation, compensation, of Core Principle 5 grievance management and gender • There are no regulatory provisions safety in site selection and land that mandates the development of access. a RAP, RPF. 174 Social Considerations - • The state has also signed the child rights act • The grievance procedure under the • Strengthen the existing GRM Indigenous Peoples and which also guards against child labor. Public Service Communications process Vulnerable Groups • The state has a law and policy on gender under policy ensures the handling of • Screening procedures to include the Ministry of Commerce. grievances for its employees at the opportunity for stakeholder workplace basically for all civil involvement in the identification servants. The available GRM of priority E&S risks and process and procedure is impacts inadequate as it does not address • The Program, through SPIU project specific complaints and for should form a grievance system the WASH sector especially at the accessible to project workers. LGA level. Contractors will be required to • There is no defined stakeholder maintain worker grievance engagement strategy on systems. consultation, information • Robust stakeholder engagement disclosure and as part of the strategy on consultation, outreach program targeting the information disclosure and vulnerable groups. grievance mechanism) should be developed as part of the outreach program targeting the vulnerable groups. • Improved stakeholders training should be provided in social inclusion issues and methodology for improved outreach work. Social Conflict • The 2012 WASH Policy provides • The grievance redress systems are • Strengthen the existing GRM requirements for the promotion of sector not well defined in all areas and are process accountability and citizens’ participation in not fully functional at the urban governance of water and sanitation agencies water and PRUWASA level. and service providers through presentation of annual reports and stakeholders’ forum • Plateau State has a public service grievance procedure under the office of the head of civil service which stipulates the grievance procedures for employees who have a grievance or complaint and the roles of the Human Resource Office in the Procedure 175 E: EKITI STATE ENVIRONMENTAL AND SOCIAL ASSESMENT Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Environment: To • Strong and high-level political • While the procurement • The state already uses good promote environmental commitment conformed in writing process is management in examples of appropriate E and S and social sustainability to the program from the Ekiti State line with a State level guidelines, checklists, technical in the Program design; Government. procurement policy. The Bid options that have been developed via avoid, minimize, or • The state complies by the National Submission Sheets and previous sector operations and the mitigate adverse Environmental Impact Assessment contract documents do not same can be used to meet the impacts, and promote (EIA) Act No. 86 of 1992, and has a include any specific requirements of this program via informed decision- State Environmental Protection reference to the need to following the same quality and due making relating to the Agency Law (SEPA) established submit any details on diligence standards on E and S. A Program’s the Ekiti Environmental Protection Environmental Management screening and assessment criterium environmental and Agency (EEPA), and the Ekiti State such a say contractors ESMP that is comprehensive in line with the social impacts. Waste Management (CESMP) nor have contract requirements of Core principal 1, 2 Law(EKSWMA) which is state clauses pertaining to E and S and 3 are already in use. specific applies to all interventions respectively. • Bidding conditions and basic including those on WASH. • While the state has a good contract clauses can be edited and • The national EIA system (EIA Act system for E and S due should clearly indicate the need for No. 86 of 1992) provides a diligence implementation of bidders to comply to these and comprehensive legal and regulatory the existing legal/regulatory provide CESMPs and cost in the framework for environmental and provisions in a larger BOQs either as lump sums (typical social impact assessment that is program may face norm in in many regions being broadly consistent with the Core challenges, overstretched minimum of 5% of total contract Principle 1 of the Bank Policy and regulatory authorities with value) or action specific items for Directive. low number of staff focused CESMP implementation. • For all large-scale projects on E and S, and the need for o Bidding conditions and implemented in the state the EIA additional monitoring during contracts can also benefit Act takes precedence and EIAs are implementation of civil from having clauses on completed accordingly to this works and project operations compliance and penalty’s regulation but wetted at the state will remain a challenge such a E and S performance level by the EEPA. unless augmented via guarantees to ensure the • The EEPA is responsible for supplementary mechanisms CESMPs are implemented. handling waste and has robust attract more man power, o The program also offers an monitoring and oversight. They build capacity and retain opportunity to learn from have registered collectors who them to focus on E and S. other areas on providing 176 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) transport extruded waste from septic • While the National Solid sustainable and cost tanks and water treatment facilities Waste Management effective environmentall (sludge and septage), however there Regulations do apply in sound rural sanitation are gaps in available final disposal terms of a sound mechanism mechanisms such as the facilities. for final disposal of sludge design and use of self • Urban water sector has one specific from water treatment composting toilets and eco officer for safeguards issues. processes and human waste engineered human and • The state has clearly defined including fecal sludge their waste water waste mandates for agencies focusing on remains unsound practice of management system. the WASH sector and undertaking open dumping. The biggest • There needs to be a stronger further reform to focus on the gap is that the State of Ekiti representation and involvement in WASH sector. does not have any designated the states WASH sectoir of agencies • Ekiti State Ministry of sites for management of looking at social management in the Infrastructure and Public Utilities septage. The process state agencies as it will help in better (ESMIPU)- responsible for the followed currently is that mainstreaming of these concerns in formulation and implementation of Septic Tanks are constructed, design and implementation, currently WASH sector policies, master waste is contained, after 10 safeguards focal points are on plans, and investment plans and years it is evacuated via Environment and cover only basic coordinates all state agencies truck c neighboring social issues. operating in the WASH sector and designated facilities in the • As technical, human and financial reform process in the WASH sector State of Gondo. This trans capacity are three areas within • The Ekiti State Water Corporation state transportation of sludge WASH agencies that will need to be (ESWC)- oversees the production has a number of risks strengthened and streamlined a and supply of potable water to associated with potential specific state wise capacity building urban and small towns through illegal dumping and program on E and S should be surface or underground water community health and safety prepared post a detailed E and S schemes. From January 2021 the issues and complaints due to capacity and needs assessment which agency will be repositioned to also improper transport. can be conducted during to include sewerage management. • . implementation further while overall • Ekiti State Rural Water Supply and program level capacity building will Sanitation Agency- (ESRWSSA) be implemented via the PAPs focuses on the provision of potable o Federal level agencies such water and sanitation services to as the EPA and program rural communities through units can be mobilized for underground water schemes. supporting implementation • Ekiti State Ministry of Local of this capacity building Government and Chieftaincy program to gain from the 177 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Affairs- engaged in the supervision experience, they have of local Government EHS gained via multiple donor department and WASH unit to be financed programs. upgraded to WASH department in • E&S monitoring plans need to be put January 2021 in place to ensure efficiency of the • Specific to Environmental data systems for WASH facilities. Management the ESWC has a o RUWASSA level safeguards office within their community mobilization organizational structure. Within and sanitation promotion rural areas the structure for focal officers to a certain degree points is embedded in the already undertake E and S WASHCOMs that are in charge of related actions and can be monitoring and evaluation of sector trained and mobilized intervention implementation. The further to booth monitoring RUWASSA also has a designated and collect data on a regular environmental focal point. basis. • The quality of previously completed o The capacity building WASH Sector ESIAs and ESMPs initiatives should are very comprehensive and in line specifically look at building with best practice examples. This capacity on the use of standard can be maintained and disruptive technology such replicated as good examples for a Geographically Enabled other states as well. Monitoring Systems and • The state has a procurement process programs such a kobo tool where contracts are management box that allow mainstream and supervised in line with a state and remote data collection level Procurement Policy. and management as well as • Strong commitment at the Ekiti the ability to conduct state level and have systems for mobile app and phone based robust stakeholder and grievance site level monitoring on redress mechanisms. Processes for compliance and Information Dissemination, Public environmentally and sound Disclosure, and Communication operations. range from direct consultations, to • Developmen of a robust state wise grievance hotlines and direct Stakeholder Engagement Plan (SEP) communications with the agency on is required to guide cross-ministries resolution of issues and complaints. and agencies coordination and public 178 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • It is assessed from the quality of E consultation as well as improve and S due diligence documentation citizen engagement. and process implementation in • Establishing a specific Grievance Ekiti, that staff capacity is high and redress mechanism to handle requires very little augmentation, conflicts for the Program staff and perhaps in the form of numbers to beneficiaries. ensure there is adequate human • While the program may not finance resources available to handle a specifically activities on the final larger program. disposal and management of septage • Experience working on the and sludge, it is recommended that WSSSRPIII and NUWSRP-3 with the state on assisting the state multiple donors on similar programs develop due diligence mechanisms to on WASH such as this P for R have manage stringent monitoring of further enhanced human capital transboundary transport processes of capacity on technical and septage and sludge due to potential environmental and social facets. risks. GPS tracking of transport • The state has a robust mechanism vehicles is one such mechanism that for data collection during project can be adopted if the process is to scoping and silting phases. Staff continue. However most importantly have been trained on monitoring, state can benefit from incorporating evaluation and under WSSSRPIII investment into having a system of and NUWSRP-3. Fecal Sludge Treatment at the state • Local Government agencies have level of more sound means of sludge been involved in these programs and septage management, example also, so it is in furred that there is composting toilets in rural areas, adequate capacity to implement sludge treatment and reuse as basic E and S due diligence manure, feedstock for biogas etc. processes. • A state specific Monitoring and Evaluation Framework for WASH. The WASHIMS platform is used in collation and implementation of WASH utility data (2LGAs). • Under the urban WASH reform’s laboratories were put out and equipment has been procured via other operations. A number of water 179 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) supply and treatment schemes have their own laboratories established to ensure there is water quality monitoring continuously. The state WASH agencies and EPA have access to laboratories for water and effluent quality testing and have equipment that has been purchased via previous programs that can be utilized in monitoring activities. • The ESWC ensures that wastewater in urban areas are treated and effluent is tested before discharge. Natural Habitats and • The state refers to the federal • E and S processes currently • Environmental and Social screening Cultural Resources: To policies on Environmental do not involve provisions in stage of ESIA processes used already avoid, minimize, or Assesment outlined in detail the form of Chance find guides the selection of locating for mitigate adverse impacts above under the Core Principal procedures to ensure water supply infrastructure to avoid on natural habitats and 1 it can be confirmed that the management of any potential impacts on natural habitats physical cultural locating of water supply unknown tangible heritage and physical cultural. The same resources resulting from infrastructure will seek to avoid assets or chance found mechanism for screening and the Program. potential impacts on natural antiquities. formats can be continued. habitats and known physical • Preliminary identification and E and cultural resources. S screening of sub- projects within • The screening processes and the Program can be screened against ESMPs and ESIAs done by the the criteria for ensuring no Natural state already includes good due Habitats or sites of Physical cultural diligence processes to further resource importance are impacted sift and ensure impacts on either via siting or proximity to Natural Habitats and Cultural project interventions. Resources are managed. o The use of the IBAT tool • Nigeria has several forest for screening of biodiversity policies, programs and area should be used in the guidelines to facilitate the screening and E and S due management of forests and diligence process via the other natural habitats. For program specific Guidelines example, the National Forest of Good Environmental and 180 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Policy (NFP) 2006, National Social Practices for the Biodiversity Strategy and Water and Sewerage Sector Action Plan, Nigeria REDD+ that are to be developed. project. The NFP remains o The scope and nature of the relevant in the preservation of subprojects under the the National ecosystem and Program should be designed addressing climate change to ensure there will not challenges in Nigeria. Nigeria imping on known natural has a lot of biodiversity sites habitats, including protected including sacred groves as areas, known sites of detailed in the National biodiversity importance Biodiversity Strategy, however, documented or buffer zones it is not envisaged that the of protected areas, program will have any adverse community forests or sacred direct impact on biodiversity groves and important specific to the State of Ekiti. biodiversity sites in the • While the state has designated communities. known areas of heritage, the • The program and infrastructure potential presence of chance design should take into account finds will reside due to the potential adverse effects on physical states cultural heritage and cultural property and, as warranted, historical setting which provides adequate measures to avoid, historically comprised the minimize, or mitigate such effects. historical home of the Ekiti • Chance find procedures should be people who are one of the made a key requisite provision in E largest historical subgroups of and S management provisions in the larger Yoruba people of civil works contracts for WASH West Africa. infrastructure. • The scope and nature of the subprojects under the Program is such as that may cause adverse effects on physical cultural property can be avoided via a negative list and siting criteria and via adequate public consultation in rural areas. 181 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Public and Worker • The legal/regulatory system of • While the SOPs and E and S • The program should improve the Safety: To protect public the country includes provisions instruments include aspects of EIA system to incorporate important and worker safety for protecting people and OHS and labour management aspects lacking in the system, for against the potential environment that is applicable these need to be more strongly example, issues relating to public risks associated with: (a) to regulating hazardous emphasized via contractual and workers’ safety construction and/or materials via the relevant obligations for civil work to • Specific Guidelines of Good operations of facilities or regulations. ensure sound enforcement. Environmental and Social Practices other operational o There are national • Inadequate awareness of relevant for the Water and Sewerage Sector practices under the policies and guidelines authorities’ staff to appreciate the that the project should develop, Program; (b) exposure to addressing public and need to ensure OHS. Thus, in should specifically include toxic chemicals, worker safety. These most cases, most managers and provisions for management of labor, hazardous wastes, and cover a range of contractors may not be aware of ranging from OHS, management of other dangerous important aspects workers’ compensation insurance fair living and working conditions materials under the including and the fact that it is compulsory for labor, labor codes of conduct and Program; and (c) environmental workers especially for those special provisions focusing on reconstruction or pollution control; involved in certain risky activities management of labor influx and rehabilitation of labor laws; like electricity installation and foreign labor impacts which can be infrastructure located in occupational health working with hazardous material. strengthened further and this can areas prone to natural safety regulations; and Thus, they rarely take insurance further augment the existing due hazards. standards for cover for their workers and this diligence conducted.. workplace needs to be built in via due • On public health and safety environmental diligence and contract guidance should be provided on emissions and management processes. management of impacts during discharges that can be • While the state WASH agency operation of WASH infrastructure. used and referred to by indicated that personal protective • The guidelines should include as WASH agencies and equipment was provided to well as specific reference to incorporated into their workers during consultation. Yet measures to ensure program workers due diligence to what degree coverage is made and contract workers in line with the processes. across the board is not clear. National, World Bank Group and • Within the state the Ekiti State WHOs specific guidance in terms of Child Right Law is domiciled managing impacts of Covid-19 and in the Ministry of Women other pandemic situations in line Affairs that handles Child with working conditions. related social risks. • Build the capacity of the different • On Occupational Health and WASH institutions at all levels in the Safety (OHS) at state level a sector in order for them to become Standard Operating Principal knowledgeable on issues relating to 182 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) (SOP) has been developed occupational health and hazard and supported by UNICEF. The how to deal prevent and deal with it. Ministry of Infrastructure and • The State governments should ensure Public Utilities implements that government and employers of these SOPs. labor in the state enroll or cover their • All contractor workers are workers under the Workers monitored by the WASH Compensation Insurance. Specific agencies during the works priority should be provided to implementation. workers exposed to hazards • national EIA system, which is especially sanitation engineers who what the State solely uses as its conduct inspection and monitoring of overarching regulation, does sites. not comprehensively o Encourage the National encompass aspects of public Insurance Commission to and workers’ safety, however strengthen their monitoring the examples of state level activities to ensure that ESMPs and EIAs from organizations and previous projects have institutions adhere to rules adequately addressed the OHS and regulations as regards and PHS requirements. compulsory insurance policies. • WASH agencies need to be sensitized on the need to ensure occupational health and safety and communication campaigns with communities should look at incorporating these aspects. • Strengthen citizen engagement through different channels so as to create awareness regarding the entire program activities especially in relation to OHS and CHS. • Agencies working in the sector should put in place a specific Grievance redress mechanism to handle workers conflicts. 183 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • Specific OHS and PHS capacity building should be incorporated to the programs E and S capacity building scheme o Provide on-site training to workers and laborer’s that will be involved in rehabilitation and upgrading work so that they will be familiar with OHS issues at their workplace. o Provide training for all facets of project staff and supply chain laborer’s/employers o WASH agencies should ensure provision of PPEs for all implemented program investments • The Ekiti state WASH agencies should ensure that contractors, and other employers of labor especially those involving construction, health work, sanitation and waste management and handling of chemicals provide personal protective equipment for their workers. o Ensure that all workers engaged under WASH are provided with a relevant personal protective and safety equipment. Land Acquisition: To • The mechanism and process • The State level WASH agencies • The State would have to ensure that manage land acquisition currently used to identify currently do not include a defined due processes are followed to ensure and loss of access to suitable land for the and well-designed resettlement 184 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) natural resources in a establishment of WASH policy framework comparable to land acquisition is indeed voluntary way that avoids or facilities is via community either the World Banks old without encumbrances. minimizes consulted assessments which is safeguard policies on Land • Displacement and temporary displacement, and assist the most minimal process there. Acquisition or the new World resettlement support should be the affected people in • While the state does not have a Bank’s Environmental and Social provided to avoid adverse impacts on improving, or at the specific law for land Framework (ESF). socioeconomic assets and activities. minimum restoring, acquisition, the National Land • The state follows the Land Use • Clear, procedures and documentation their livelihoods and Use Act of 1978 which was Act of 1978 which contain the for land donation (voluntary or living standards modified in 1990 is the legal following specific gaps relevant otherwise) should be developed. basis of land acquisition and to the program as the act remains • If land acquisition is required the administration in Nigeria will somewhat outdated. guidance documents on E and S to be be applicable. • The WASH agencies in Ekiti prepared should incorporate • In addition, as added due have some experience on guidelines in line with World Bank diligence, due to the numerous developing RAPs under previous requirements as well as known best gaps in the Act, a Presidential projects but very specific to the practices to outline specific measure Technical Committee on Land project operation as per the the wash agencies should undertake Reform (PTCLR) is working on examples shared. in terms of the following; (i) Direct issues regarding land reform in • In urban and large-scale projects, purchase of land, (ii) Voluntary land Nigeria. the Land Use Act of 1978 Donation by local authorities with • The LGAs are responsible for applies. In rural projects, the supporting documentation, and (iii) the administration of the Land community is expected to provide Land acquisition following the Use Act of 1978 and other state land for the project and there National regulations and world bank Land Laws where available. needs to be adequate measures provisions for P for Rs. for transparent and fair land • These guidelines and other good donation processes as the State practices should also be included in currently does not have these. the verification of the relevant DLI 9 o The Land Use Act of which establishes the proportion of 1978 does not include sustainably functioning water points. anything with regards • Training on community land donation. consultations, preparation of land o The Act does not make donation agreements, grievance provisions for redress/conflict management should livelihoods restoration also be provided to implementing and improvements. agencies village committees and o The Land Use Act only RUWASSAS. makes provisions for • Training and capacity building of the compensation payment. LGA WASH Departments and 185 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) o The Land Use Act only WASHCOMs on sustainable land makes compensation access and the role of consultations provisions for those who and participation, adequate have recognized land documentation, compensation, rights such as Certificate grievance management and gender of Occupancy to the safety in site selection and land land access. o No provisions at state • Support should be provided to all level for voluntary land IAs on understanding the role of acquisition sustainable land access through o Although community trainings and workshops. members can freely donate their lands under customary practices, there is no provision for voluntary land donation in the Land Use Act. • Given that there is no framework or legislation regarding voluntary land donation, there could be coercion for land donation leading to impoverishment of the people. • It was clear from the consultations that Ekiti state WASH agencies staff nor the EPA in the state have not been directly involved in any adequately documented resettlement process do not have capacity to implement a RAP comparable to the bank Standards. • Disagreements on land ownership and donations can be among the causes of non-functioning of water points. 186 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Vulnerable Groups: • The Ekiti State Gender Based • The Ekiti legal framework, while • The program needs to include a robust To give due Violence Prohibition Act is covers violence related stakeholder engagement strategy consideration to the applicable in the state. prohibition, does not have (sensitization and awareness, cultural appropriateness • The state adheres to the Violence specific laws for Gender consultation, information disclosure and of, and equitable access Against Persons act of 2015. considerations, youths’ affairs grievance mechanism) should be to, Program benefits, • As a plus state agencies as per the and social exclusions and developed as part of the outreach giving special attention consultations with WASH agencies discrimination in line with Core program, particularly targeting the to the rights and show interest to reduce inequity and Principal 5. vulnerable groups. interests of the improve access of all social • The following issues at Federal • All the design of sanitation facilities Indigenous Peoples and categories to basic social services Level impact the State as well in specifically should be designed to also to the needs or concerns and economic infrastructure. the form of Gaps: include universal access for all persons of vulnerable groups • The designs of sanitation facilities o There is lack of capacity living with disability and to ensure have clear distinctions for gender in Ministries of Women accessibility to the very poor and all needs. Affairs and Social ethnic groups. These norms can be Development to tackle incorporated into technical specifications the issues of GBV and accordingly using standard international other issues relating to best practice. gender and youths. • There is a need to develop a strong o There is weak framework and a systematic approach to knowledge of the public gender mainstreaming, ensuring that the especially vulnerable voices of women, children and vulnerable groups regarding the groups get addressed and that institutions issues of GBV and how are geared to respond to their water and to handles cases of GBV sanitation services demand. especially sexual abuse. • The EIA process in Nigeria does consider o There is weak of social issues in screening, impact capacity in Ministries of assessment, and mitigation measures. Women Affairs and There are no specific screening Social Development to provisions to identify if impacts vary by tackle the issues of GBV social group or gender, and if resources and other issues relating are impacted that vulnerable groups to gender and youths. depend upon. While there are some o While there is national criteria for vulnerable groups in the EIA legislation potentially process and EIA regulation nationally, favourable to women these need to be strengthened so that the and girls has been 187 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) passed, but to date they disadvantaged are directly targeted for have had little positive program benefits. impact due to low • There needs to be better mainstreaming awareness, enforcement also on social issues such as gender and and implementation, and HIV/AIDS in the due diligence processes women’s fear of and alignment with National policies reprisals if they try to specific to vulnerable groups such the seek justice at the state National Policy on HIV/AIDs, in order to level. prevent discrimination and promote • There are no state level policies equity. in place to ensure inclusion of • On Core Principal Specific Capacity minority/ ethnic groups at local Building: level or the extreme poor in o Capacity building should programs include NGOs and other civil • Also, many of the States, society organizations as well as including Ekiti, do not have communities to scrutinize gender policy or guidelines for budgets, program aspects and dealing with vulnerable people implementation issues and and PWDs to ensure that they are comment on their contents will not treated with contempt and help ensure a process of partiality. sustainable feedback that • Lack of clarity and consistency WASH agencies can benefit regarding the implementation from when designing more mechanism for consultation and socially inclusive service stakeholder engagement could delivery and infrastructure. alienate poor and vulnerable o Wash and other implementing groups. agency staff at all levels in the • Many local state level NGOs and state should be trained to CSOs working with vulnerable provide inputs on identifying, groups may not have the capacity consulting with, and assisting to assist local WASH agencies vulnerable groups that may be during program implementation. impacted by the types of • There is no process in existence activities that will be financed in the state to collect data on with track if the service delivery in the o The Program capacity building WASH sector is currently and training plan will provide ensuring access to all adequately. for staff to promote social 188 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) inclusion and hence include measures for good practices on inclusive consultations, monitoring and feedback of all groups of people for improved service delivery. This will enhance inclusion of all in the water and Sanitation program as well as enhance the functioning of state level WASH agencies. Improved staff training in social exclusion issues and methodology for improved outreach will benefit the program. • This framework should propose specifically strategies to mainstream gender and outline actions that can be implemented at the RUWASSA, LGA and State WASH agency level. • The actions identified for strengthening the system for Core Principle 4 as they relate to land acquisition are applicable to Core Principle 5 if the land implied is under use /owned by the Vulnerable and Marginalized /Disadvantaged people and communities. • The WASH agencies that deliver services should establish a system to collect data on customer vulnerability profile • Development of robust stakeholder management strategy as part of the current outreach program to strengthen and systematize targeting vulnerable groups and identifying issues at source. 189 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Social Conflict: To • State presence is strong throughout • Lack of a Grievance Redress • In an environment where transition from avoid exacerbating the country with well-trained police Mechanism (GRM) for the poor conflict to peace remain fragile, a social conflict, and security forces who maintain and vulnerable. Although Nigeria concerted effort across Federal, State, and especially in fragile the rule of law and provides security has a justice system with courts local actors will be necessary to minimize states, post-conflict against bandits and during clashes where people can seek justice, the negative impacts on the Program areas, or areas subject to between farmers and herders. There poor and vulnerable people do implementation in fragile regions where territorial disputes is also a justice system with courts not have the capacity to seek conflicts have been reported- which where people can seek redress. justice in courts and this applies includes this state as well. • Conflict resolution or GRM to the State of Katsina as well. • Guidance and training on environmental structures at the LGA reflect the • The available GRM are weak and and social measures, supported by the structural capacity for such at the ad-hoc and not properly World Bank, could help the SURWASH state level. institutionalized. This is to ensure program to manage the risks more • Traditional leadership structure that people’s grievances are effectively. exists in parallel to the LGAs which properly redressed even when • Strengthened stakeholder engagement is most often responsible for there is need to seek further and grievance redress mechanisms and community conflicts/grievances redress if the individual is not increased transparency to provide resolution satisfied with the outcome of information and communication avenues • Different CDAs are also responsible existing arrangements. for complaints and their resolutions for addressing conflicts among their • Many communities rely on CDAs should be incorporated via the due members or affecting their to settle grievances and disputes diligence processed to be embedded in members. are at the community level. This the program. • WASH agencies in the State of form of GRM varies widely • The state should to set up community Ekiti have specific measures in line between the states and the level level (through relevant traditional rulers/ with their service delivery and of implementation within Ekiti is institution e.g. WASHCOM/WCA) resolving customer conflicts. not clear from the available conflict resolution committee to address documentation and consultations. conflict related to headers / farmers / water users’ conflicts and other conflicts related to marginalization of ethnic minority in the program • States without a framework can provide free legal services/legal aid and advice to the citizens should work towards providing such services within the sector. 190 F: KATSINA STATE ENVIRONMENTAL AND SOCIAL ASSESMENT Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Environment: To promote • Environmental legislation at the • The lack of state specific • Development of appropriate E and environmental and social national and state level for the environmental regulation may S guidelines, checklists, technical sustainability in the conservation and management of hinder the due diligence process options and embedding them Program design; avoid, the environment and on solid via diminishing the need to conduct within program operation manual minimize, or mitigate waste management pertaining to environmental screening and to ensure compliance to adverse impacts, and management of sludge and other assessment for subprojects that are environment legislation under the promote informed sanitation waste are in place. smaller in scale but would still program will help with addressing decision-making relating o The national EIA system require management of impacts in the identified gaps. to the Program’s (EIA Act No. 86 of terms of social aspects. While o The Program will benefit environmental and social 1992) provides a associated direct impacts and risks from the development of a impacts comprehensive legal and are generally modest, set of Guidelines of Good regulatory framework for environmental management Environmental and Social environmental and social activities are weak in some areas, Practices for the Water impact assessment that is such as systematic inspection, and Sewerage Sector in broadly consistent with monitoring and enforcement. order to assure the the Core Principle 1 of o For instance, EIA implementation of the Bank Policy and Certificated are issued at environmental and social Directive. the Federal Level and not measures in the design, • The state of Katsina has its own at the state level and construction and operation Environmental Protection Agency therefore the state agency of the water and sewerage (EPA) as mandated by the Katsina does not have an projects state wide. State EPA Law 2018 and this obligation to monitor the o It is clear from the designs agency oversees aligning all implementation, therefore. that were reviewed of environmental due diligence o There appears to be a lack typical project processes in line with the National of robust supervision, investments that the regulatory requirements. compliance monitoring of program may finance. the • All the agencies within the state civil works in the form of footprint of the currently that pertain to water and sanitation supervision reporting and planned program (WASH) activity implementation data collection measures interventions will be small are operating under common over time which can result medium in scale. regulations. All sanitation laws in poor management of Associated civil works and environmental laws are part impacts during from the technical of the state of the law and they construction of program specifications and design confirm with the federal laws. financed WASH would likely not be infrastructure. Mechanism 191 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • The Ministry and department of and skills to collect, intense and need heavy Water Resources, The Katsina process and analyze earth works, etc. State Water Board, Katsina State WASH data related to o A specific set of RUWASSA and other environmental and social environmental health and implementing agencies such as the issues to inform the safety specifications as Ministry of Education, who will development of future well as those of labor and be involved in implementation of wash programs and their public health and safer in school level sanitation activities sustainability is lacking in line with work method and health agencies, are aware of the State as monitoring would provide more Environmental and Social (E&S) reports etc. were not clarity to a contractor on ensuring compliance with EIA available for review. what needs to be done. procedures. The RUWASSA • The coverage of social concerns by While much of it is structure included community the EIA procedural guidelines and embedded in the technical mobilization officers and EIA reports, especially on specifications it does not sanitation promotion officers. management of Labor, come across unless o All agencies have some Occupational Health and Safety specifically read and experience of integrating and Gender based violence sifted through. Currently it rules and procedures for management is weak. A review of is embedded in the environmental and social EIA reports done for the WASH technical specifications management in sector in the state shows that without a clear a individual projects besides the record of baseline definition so monitoring generally. information on the existing socio compliance independently o There is experience and economic condition and some can be challenging and it working on donor funded evidence of organization of public appears E and S aspects operations and capacity forum, there was hardly any are not independent building has been evidence of thorough analysis of monitored due to this as conducted under Bank social dimension of impacts. well while they may be and other donor’s o The EIA Act No 86 of looked at as part of overall existing programs to a 1992 encourages the technical monitoring, limited degree. public and interested third where the focus differs. o The state has a party stakeholders make o Developing a standard set procurement process an input in the assessment of E and S specifications where contracts are process only during public within the guidelines ,in management and review, which takes place the form of screening supervised in line with a after preparation of the forms, generic ESMPs, state level Procurement draft report (which is monitoring checklists and Policy. often not well publicized). terms of references for 192 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • Strong commitment at the Katsina Early public participation due diligence assessments, state level to have robust during scoping and to manage basic stakeholder and grievance redress preparation of the Terms environmental mechanisms. Processes for of Reference (TOR) for management during civil Information Dissemination, Public any investments that works, OHS, PHS, GBV Disclosure, and Communication warrant EIAs will and GRM management range from direct consultations, to contribute greatly to the during civil work can be grievance hotlines and direct success of the project and used in all technical communications with the agency should be considered. specifications and the on resolution of issues and • While the procurement process is bidding conditions should complaints. management in line with a State clearly indicate the need • The state adheres to the National level procurement policy. The Bid for bidders to comply to Standard for Drinking Water Submission Sheets do not include these and provide Quality and there are no state any specific reference to the need CESMPs and cost in the specific guidelines. The guideline to submit any details on BOQs either as lump sums corresponds to the WHO Environmental Management such a (typical norm is in many guidelines and thus in line with say contractors ESMP (CESMP). regions being minimum of the World Bank Group’s ESHS o No CESMPs are done so 5% of total contract value) guidelines on best practice as there are no provisions via or action specific items for well. the procurement process CESMP implementation. • The state also refers to the to ensure both o Bidding conditions and National Policy on Solid Waste Environmental and social contracts can also benefit Management and follows the due diligence. While basic from having clauses on processes set forth for provision on child labor is compliance and penalty’s management of sludge by there, there is a need to such a E and S products of water treatment incorporate aspects of performance guarantees to processes and fecal sludge worker code of conduct, ensure the CESMPs are management are regulated by state OHS, PHS, GBV and implemented. EPA and final disposal is done in GRM management during o The program also offers designated areas. civil work in to work an opportunity to learn • The state WASH agencies and contracts either via from other areas on EPA have access to laboratories environmental codes of providing sustainable and for water and effluent quality practice in the technical cost effective testing and have equipment that specification and contracts environmentall sound has been purchased via previous being needed to both rural sanitation programs that can be utilized in incorporate these mechanisms such as the monitoring activities. requirements as a CESMP design and use of self 193 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) of which the provisions composting toilets and eco will be costed as part of engineered human and their BOQ. waste water waste o While technical management system. specifications have some o The guideline should look incorporation of E and S specifically on elements it is not incorporating more on comprehensive enough, in social dimensions ranging line with the requirements from labor to OHS to outlined in the Core GBV management in line Principles for P for Rs. with program • Weak enforcement capacity is a implementation and concern. While there seem to be operation adequate legal and institutional • There needs to be a stronger frameworks for managing representation and involvement in environmental issues, the ability of the states WASH sectoir of the relevant institutions, especially agencies looking at social those, to enforce the existent laws management in the state agencies is rather weak and would require as it will help in better further strengthening. This mainstreaming of these concerns in strengthening would be on both design and implementation. technical capacity building, having • As technical, human and financial more streamlined processes and capacity are three areas within human capital capacity building. WASH agencies that will need to • The implementation of the existing be strengthened and streamlined a legal/regulatory provisions faces specific state wise capacity challenges, overstretched building program on E and S regulatory authorities with low should be prepared post a detailed number of staff focused on E and E and S capacity and needs S, and weak monitoring during assessment which can be implementation of civil works and conducted during implementation project operations will remain a further while overall program level challenge unless augmented via capacity building will be supplementary mechanisms to train implemented via the PAPs and attract more man power to • Federal level agencies such as the focus on E and S. EPA and program units can be mobilized for supporting 194 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • In light of the context of the implementation of this capacity existing WASH sectoral issues in building program to gain from the the state it is apparent that degree experience, they have gained via of public awareness of multiple donor financed programs. environmental issues around • E&S monitoring plans need to be sanitation is poor and need to be put in place to ensure efficiency of incorporated in to WASH the data systems for WASH campaigns. The newly developed facilities. Open Defecation By Laws o RUWASSA level implemented in some Local community mobilization Authorities (LAs) does a good job and sanitation promotion of this and can be replicated to officers to a certain degree other LAs as well to ensure there is already undertake E and S a regulatory level communication related actions and can be program on the need to arrest trained and mobilized impacts of un sound sanitary further to booth practices in line with human waste monitoring and collect management. data on a regular basis. • While the National Solid Waste o The capacity building Management Regulations do apply initiatives should in terms of a sound mechanism for specifically look at final disposal of sludge from water building capacity on the treatement processes and human use of disruptive waste including faecal sludge their technology such a remains unsound practice. Rural Geographically Enabled community- latrine are covered and Monitoring Systems and left and at latter times used to programs such a kobo tool manure. In urban areas there are no box that allow mainstream piped sewerage systems and only and remote data collection septic tanks within the state. Gully and management as well bowsers are operated by private as the ability to conduct entities, licensed and monitored via mobile app and phone the EPA and routine collected based site level waste is dumped in a designated monitoring on compliance pond, approved by the state EPA, and environmentally and until anaerobic conditions are sound operations. 195 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) reached and used as manure when o Mmonitoring plans should conditions are right. also focus on effluent • During consultations the state quality monitoring which conformed that as of current is currently not practices the state WASH agencies undertaken prior to do not partake in effluent discharge via waste water monitoring prior to discharge into treatment provisions to water ways from wastewater ensure that discharged treatment processes. effluents meet the National standards on waste water. This will also indicate the soundness of the wastewater treatment systems in use. • Clear delineation of roles of different institutions in the implementation, specifically the implementing agencies for sanitation infrastructure in schools and health facilities and local authorities, will ensure greater accountability, help in building environmental and social issues in the implementation and bring sustainability to the program. • Developmen of a robust state wise Stakeholder Engagement Plan (SEP) is required to guide cross- ministries and agencies coordination and public consultation as well as improve citizen engagement. • Establishing a specific Grievance redress mechanism to handle conflicts for the Program staff and beneficiaries. 196 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • While the program may not finance specifically activities on the final disposal and management of septage and sludge, it is recommended that the guidelines produced also focuses on assisting the state develop due diligence mechanisms to manage these areas at a time when the state itself or the program at a later stage may take up such interventions as they will be environmentally beneficial vs the current open dumping and abandonment practices used for management. Natural Habitats and • The state refers to the federal • The state does not have • Environmental and Social Cultural Resources: To policies on Environmental specific environmental screening stage of ESIA process avoid, minimize, or Assesment outlined in detail legislations and thus refer to should guide the selection of mitigate adverse impacts above under the Core those of the national level. locating for water supply on natural habitats and Principal 1 it can be • While it is unlikely that the infrastructure to avoid potential physical cultural resources confirmed that the locating of projects would involve the impacts on natural habitats and resulting from the water supply infrastructure need for conversation of any physical cultural Program. will seek to avoid potential critical natural habitats or be • Preliminary identification and E impacts on natural habitats sited in areas of cultural and S screening of sub- projects and known physical cultural importance,these need to be within the Program can be screened resources. diligently embedded in the against the criteria for ensuring no • Nigeria has several forest process of screening in order Natural Habitats or sites of policies, programs and to guide the selection of Physical cultural resource guidelines to facilitate the locating for water supply importance are impacted either via management of forests and infrastructure to avoid siting or proximity to project other natural habitats. For potential interventions. example, the National Forest • impacts on natural habitats and o The use of the IBAT tool Policy (NFP) 2006, National physical cultural resources. for screening of Biodiversity Strategy and • E and S processes currently do biodiversity area should Action Plan, Nigeria REDD+ not involve provisions in the be used in the screening project. The NFP remains form of Chance find and E and S due diligence 197 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) relevant in the preservation of procedures to ensure process via the program the National ecosystem and management of any unknown specific Guidelines of addressing climate change tangible heritage assets or Good Environmental and challenges in Nigeria. Nigeria chance found antiquities. Social Practices for the has a lot of biodiversity sites Water and Sewerage including sacred groves as Sector that are to be detailed in the National developed. Biodiversity Strategy, o The scope and nature of however, it is not envisaged the subprojects under the that the program will have Program should be any adverse direct impact on designed to ensure there biodiversity specific to the will not imping on known State of Katsina. natural habitats, including • While the state has protected areas, known designated known areas of sites of biodiversity heritage, the potential importance documented or presence of chance finds will buffer zones of protected reside due to the states areas, community forests cultural heritage and or sacred groves and historical setting which important biodiversity historically comprised the sites in the communities. two ancient kingdoms of • The program and infrastructure Katsina and Daura design should take into account potential adverse effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects. • Chance find procedures should be made a key requisite provision in E and S management provisions in civil works contracts for WASH infrastructure. • The scope and nature of the subprojects under the Program is such as that may cause adverse effects on physical cultural 198 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) property can be avoided via a negative list and siting criteria and via adequate public consultation in rural areas. Public and Worker Safety: • The legal/regulatory system of the • The national EIA system, which is • The program should improve the EIA To protect public and country includes provisions for what the State solely uses as its system to incorporate important aspects worker safety against the protecting people and overarching regulation, does not lacking in the system, for example, potential risks associated environment that is applicable to comprehensively encompass issues relating to public and workers’ with: (a) construction regulating hazardous materials via aspects of public and workers’ safety. and/or operations of the relevant regulations. safety. • Specific Guidelines of Good facilities or other • There are national policies and • There is general lack of awareness Environmental and Social Practices for operational practices guidelines addressing public and on public health and safety issues, the Water and Sewerage Sector that the under the Program; (b) worker safety. These cover a particularly in relation to exposure project should develop, should exposure to toxic range of important aspects to hazardous materials, and specifically include provisions for chemicals, hazardous including environmental pollution workplace safety aspects. management of labour, ranging from wastes, and other control; labour laws; occupational • Lack of awareness of relevant OHS, management of fair living and dangerous materials under health safety regulations; and authorities’ staff to appreciate the working conditions for labour, labour the Program; and (c) standards for workplace need to ensure occupational health codes of conduct and special provisions reconstruction or environmental emissions and and safety. focusing on management of labour rehabilitation of discharges that can be used and • There is limited awareness and lack influx and foreign labour impacts. On infrastructure located in referred to by WASH agencies of interest by the general public, on public health and safety guidance areas prone to natural and incorporated into their due public health and safety issues. should be provided on management of hazards. diligence processes. • The state of Katsina do not have impacts during civil works as well as • There are national policies and specific guidelines on Occupational operation of WASH infrastructure. guidelines addressing public and Health and Safety, especially for o The guidelines should include workers’ safety for example the the WASH sector ware sanitation as well as specific reference to compulsory insurance policy, no workers do have to work with measures to ensure program guidelines on Occupational Health hazardous conditions during the workers and contract workers and Safety and Labour laws are management of sludge and septage in line with the National, not apparent in the state. that can pose significant World Bank Group and WHOs • The documents shared on the occupational health risks, that need specific guidance in terms of procurement processes within the to be conformed to. This leads to managing impacts of Covid-19 State for WASH infrastructure lack of OHS guidelines and and other pandemic situations does include minimal provisions procedures to be adopted by in line with working on labour age. As bid submission contractors, firms (especially, conditions. sheets used by the WASH 199 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) agencies in line with procurement employers of labour and workers in • Build the capacity of the different policies, on labour, contractors are the States WASH institutions at all levels in the required to fully recognize, • There are also no specific labour sector in order for them to become subscribe and support the laws, which will pose gaps in terms knowledgeable on issues relating to Convention on the Rights of the of worker health and safety occupational health and hazard and how Child and certify that: No child requirements in line with those to deal prevent and deal with it. under 14 years is to work in ours identified under Core Principal. • The State governments should ensure or our sub-contractor's business • Inadequate awareness of relevant that government and employers of and Children from 14-18 are to authorities’ staff to appreciate the labour in the state enrol or cover their be protected from all forms of need to ensure OHS. Thus, in most workers under the Workers exploitation & hazardous cases, most managers and Compensation Insurance. Specific occupations. contractors may not be aware of priority should be provided to workers • In Nigeria, there are five workers’ compensation insurance exposed to hazards especially sanitation compulsory insurance covers and the fact that it is compulsory engineers who conduct inspection and among them are workers workers especially for those monitoring of sites. compensation insurance, which is involved in certain risky activities o Encourage the National meant to cover workers against like electricity installation and Insurance Commission to injuries, disability and death; and working with hazardous material. strengthen their monitoring occupier’s liability insurance. Thus, they rarely take insurance activities to ensure that These two insurance covers are cover for their workers and this organizations and institutions applicable in this case to the state needs to be built in via due adhere to rules and regulations of Katsina as well. diligence and contract management as regards compulsory processes. insurance policies. • While the state WASH agency • WASH agencies need to be sensitized indicated that personal protective on the need to ensure occupational equipment was provided to workers health and safety and communication during consultation. Yet to what campaigns with communities should degree coverage is made across the look at incorporating these aspects. As board is not clear. an example having Bi-laws that contain clearly defined the do’s and don’ts on environmental management in line with open defecation aspects, as presented in the Katsina Bi- Law on Open Defecation for Bakori LA- Done in Feb 2020 will be a good initiative that can be replicated. 200 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • Strengthen citizen engagement through different channels so as to create awareness regarding the entire program activities especially in relation to OHS and CHS. • Agencies working in the sector should put in place a specific Grievance redress mechanism to handle workers conflicts. • Specific OHS and PHS capacity building should be incorporated to the programs E and S capacity building scheme o Provide on-site training to workers and labourers that will be involved in rehabilitation and upgrading work so that they will be familiar with OHS issues at their workplace. o Provide training for all facets of project staff and supply chain labourers/employers • WASH agencies should ensure provision of PPEs for all implemented program investments o The Katsina state WASH agencies should ensure that contractors, and other employers of labour especially those involving construction, health work, sanitation and waste management and handling of chemicals provide personal protective equipment for their workers. o Ensure that all workers engaged under WASH are 201 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) provided with a relevant personal protective and safety equipment. Land Acquisition: To • The mechanism and process • The State level WASH agencies • The State would have to ensure that due manage land acquisition currently used to identify suitable currently do not include a defined processes are followed to ensure land and loss of access to land for the establishment of and well-designed resettlement acquisition is indeed voluntary without natural resources in a way WASH facilities is via community policy framework comparable to encumbrances. that avoids or minimizes consulted assessments and instant either the World Banks old • Displacement and temporary displacement, and assist request from communities. So, safeguard policies on Land resettlement support should be provided the affected people in there is some process followed at Acquisition or the new World to avoid adverse impacts on improving, or at the the state level. Bank’s Environmental and Social socioeconomic assets and activities. minimum restoring, their • While the state does not have a Framework (ESF). • Clear, procedures and documentation livelihoods and living specific law for land acquisition, • The state follows the Land Use Act for land donation (voluntary or standards. the National Land Use Act of of 1978 which contain the otherwise) should be developed. 1978 which was modified in 1990 following specific gaps relevant to • If land acquisition is required the is the legal basis of land the program as the act remains guidance documents on E and S to be acquisition and administration in somewhat outdated. prepared should incorporate guidelines Nigeria will be applicable. o In urban and large-scale in line with World Bank requirements o In addition, as added due projects, the Land Use Act as well as known best practices to diligence, due to the of 1978 applies. In rural outline specific measure the wash numerous gaps in the projects, the community is agencies should undertake in terms of Act, a Presidential expected to provide land the following; (i) Direct purchase of Technical Committee on for the project and there land, (ii) Voluntary land Donation by Land Reform (PTCLR) needs to be adequate local authorities with supporting is working on issues measures for transparent documentation, and (iii) Land regarding land reform in and fair land donation acquisition following the National Nigeria. processes as the State regulations and world bank provisions • The LGAs are responsible for the currently does not have for P for Rs. administration of the Land Use these. o These guidelines and other Act of 1978 and other state Land o The Land Use Act of 1978 good practices should also be Laws where available. does not include anything included in the verification of with regards land the relevant DLI 9 which donation. establishes the proportion of o The Act does not make sustainably functioning water provisions for livelihoods points. 202 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) restoration and • Training on community consultations, improvements. preparation of land donation o The Land Use Act only agreements, grievance redress/conflict makes provisions for management should also be provided to compensation payment. implementing agencies village o The Land Use Act only committees and RUWASSAS. makes compensation • Training and capacity building of the provisions for those who LGA WASH Departments and have recognized land WASHCOMs on sustainable land rights such as Certificate access and the role of consultations and of Occupancy to the land participation, adequate documentation, o No provisions at state compensation, grievance management level for voluntary land and gender safety in site selection and acquisition land access. o Although community • Support should be provided to all IAs members can freely on understanding the role of sustainable donate their lands under land access through trainings and customary practices, there workshops. is no provision for voluntary land donation in the Land Use Act. o Given that there is no framework or legislation regarding voluntary land donation, there could be coercion for land donation leading to impoverishment of the people. • It was clear from the consultations that Katsina state WASH agencies staff nor the EPA in the state have not been directly involved in any adequately documented resettlement process, the FPIU, do not have capacity to implement a RAP comparable to the bank Standards. 203 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) • Disagreements on land ownership and donations can be among the causes of non-functioning of water points. Vulnerable Groups: To • The Sexual Harassment and Rape • The state does not have any laws • The program needs to include a robust give due consideration to Law in Katsina State (SAVI, passed laws against domestic stakeholder engagement strategy the cultural 2016) is applicable in the state. violence or gender-based violence. (sensitization and awareness, appropriateness of, and • As a plus state agencies as per the • The Katsina States legal framework consultation, information disclosure and equitable access to, consultations with WASH does not have specific laws for grievance mechanism) should be Program benefits, giving agencies show interest to reduce Gender considerations, youths’ developed as part of the outreach special attention to the inequity and improve access of all affairs and social exclusions and program, particularly targeting the rights and interests of the social categories to basic social discrimination in line with Core vulnerable groups. Indigenous Peoples and to services and economic Principal 5. • All the design of sanitation facilities the needs or concerns of infrastructure. • The following issues at Federal specifically should be designed to vulnerable groups Level impact the State as well in include universal access for all persons the form of Gaps: living with disability and to ensure o There is lack of capacity accessibility to the very poor and all in Ministries of Women ethnic groups in the program as well as Affairs and Social be designed with gender norms in mind. Development to tackle the These norms can be incorporated into issues of GBV and other technical specifications accordingly issues relating to gender using standard international best and youths. practice. o There is weak knowledge • There is a need to develop a strong of the public especially framework and a systematic approach vulnerable groups to gender mainstreaming, ensuring that regarding the issues of the voices of women, children and GBV and how to handles vulnerable groups get addressed and cases of GBV especially that institutions are geared to respond to sexual abuse. their water and sanitation services o There is weak of capacity demand. in Ministries of Women • The EIA process in Nigeria does Affairs and Social consider social issues in screening, Development to tackle the impact assessment, and mitigation issues of GBV and other measures. There are no specific screening provisions to identify if 204 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) issues relating to gender impacts vary by social group or gender, and youths. and if resources are impacted that o While there is national vulnerable groups depend upon. While legislation potentially there are some criteria for vulnerable favourable to women and groups in the EIA process and EIA girls has been passed, but regulation nationally, these need to be to date they have had little strengthened so that the disadvantaged positive impact due to low are directly targeted for program awareness, enforcement benefits. and implementation, and • There needs to be better mainstreaming women’s fear of reprisals also on social issues such as gender and if they try to seek justice HIV/AIDS in the due diligence at the state level. processes and alignment with National • Katsina state is yet to adopt the policies specific to vulnerable groups Violence Against Persons such the National Policy on HIV/AIDs, (Prohibition) Law. in order to prevent discrimination and • The Katsina State do not have promote equity. adequate framework and • On Core Principal Specific Capacity institutional arrangement for Building: combating GBV or prosecuting and o Capacity building should punishing those involved in GBV include NGOs and other civil thus offenders often do not get society organizations as well punished while there is The Sexual as communities to scrutinize Harassment and Rape Law in budgets, program aspects and Katsina State (SAVI, 2016) is implementation issues and applicable in the state, enforcement comment on their contents will is analysed as poor. help ensure a process of • There are no state level policies in sustainable feedback that place to ensure inclusion of WASH agencies can benefit minority/ ethnic groups at local from when designing more level or the extreme poor in socially inclusive service programs delivery and infrastructure. • Also, many of the States do not o Wash and other implementing have gender policy or guidelines agency staff at all levels in the for dealing with vulnerable people state should be trained to and PWDs to ensure that they are provide inputs on identifying, consulting with, and assisting 205 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) not treated with contempt and vulnerable groups that may be partiality. impacted by the types of • Lack of clarity and consistency activities that will be financed regarding the implementation with mechanism for consultation and o The Program capacity building stakeholder engagement could and training plan will provide alienate poor and vulnerable for staff to promote social groups. inclusion and hence include • Many local state level NGOs and measures for good practices on CSOs working with vulnerable inclusive consultations, groups may not have the capacity monitoring and feedback of all to assist local WASH agencies groups of people for improved during program implementation. service delivery. This will • There is no process in existence in enhance inclusion of all in the the state to collect data and track if water and Sanitation program the service delivery in the WASH as well as enhance the sector is currently ensuring access functioning of state level to all adequately. WASH agencies. Improved staff training in social exclusion issues and methodology for improved outreach will benefit the program. • This framework should propose specifically strategies to mainstream gender and outline actions that can be implemented at the RUWASSA, LGA and State WASH agency level. • The actions identified for strengthening the system for Core Principle 4 as they relate to land acquisition are applicable to Core Principle 5 if the land implied is under use /owned by the Vulnerable and Marginalized /Disadvantaged people and communities. • The WASH agencies that deliver services should establish a system to 206 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) collect data on customer vulnerability profile • Development of robust stakeholder management strategy as part of the current outreach program to strengthen and systematize targeting vulnerable groups and identifying issues at source. Social Conflict: To avoid • State presence is strong • Lack of a Grievance Redress • In an environment where transition exacerbating social throughout the country with well- Mechanism (GRM) for the poor from conflict to peace remain fragile, a conflict, especially in trained police and security forces and vulnerable. Although Nigeria concerted effort across Federal, State, fragile states, post-conflict who maintain the rule of law and has a justice system with courts and local actors will be necessary to areas, or areas subject to provides security against bandits where people can seek justice, poor minimize the negative impacts on the territorial disputes and during clashes between and vulnerable people do not have Program implementation in fragile farmers and herders. There is also the capacity to seek justice in regions where conflicts have been a justice system with courts where courts and this applies to the State reported- which includes this state as people can seek redress. of Katsina as well. well. • The state of Katsina has had • The available GRM are weak and • Guidance and training on previous conflict situations that ad-hoc and not properly environmental and social measures, have been focused on managed institutionalized. This is to ensure supported by the World Bank, could with national interest. that people’s grievances are help the SURWASHG program to • Conflict resolution or GRM properly redressed even when there manage the risks more effectively. structures at the LGA reflect the is need to seek further redress if the • Strengthened stakeholder engagement structural capacity for such at the individual is not satisfied with the and grievance redress mechanisms and state level. outcome of existing arrangements. increased transparency to provide • Traditional leadership structure • Many communities rely on CDAs information and communication exists in parallel to the LGAs to settle grievances and disputes avenues for complaints and their which is most often responsible are at the community level. This resolutions should be incorporated via for community form of GRM varies widely the due diligence processed to be conflicts/grievances resolution between the states and the level of embedded in the program. • Different CDAs are also implementation within Katsina is • The state should to set up community responsible for addressing not clear from the available level (through relevant traditional conflicts among their members or documentation and consultations. rulers/ institution e.g. affecting their members. WASHCOM/WCA) conflict resolution • WASH agencies in the State of committee to address conflict related to Katsina have specific measures in headers / farmers / water users’ conflicts and other conflicts related to 207 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) line with their service delivery marginalization of ethnic minority in and resolving customer conflicts. the program • States without a framework can provide free legal services/legal aid and advice to the citizens should work towards providing such services within the sector. 208 G: KADUNA STATE ENVIRONMENTAL AND SOCIAL ASSESMENT Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Environment: To promote Regarding laws and regulations, Kaduna Despite the laws and regulations, The is need to strengthen the capacity environmental and social State has robust environmental laws and there is inadequate capacity and of existing staff of KEPA and the sustainability in the Program regulations. staff strength in the environmental Ministry of Environment especially in design; avoid, minimize, or protection agency and for the areas of environmental mitigate adverse impacts, and The state has Kaduna State Environmental environmental management, management, assessment, and promote informed decision- Protection Law No 7 of 2010 which monitoring and assessment in the monitoring. making relating to the established the Kaduna State Environmental State. Program’s environmental and Protection Authority (KEPA). Based on this There is a need to equip the State social impacts law, there are different regulations to guide There is also weak capacity and Ministries of Environment with environmental management and protection. equipment to monitor and manage These include Kaduna Environmental environmental pollution, hazards necessary facilities and gadgets Impact Assessment and Audit Regulation and other environmental problems (including laboratory) to facilitate the (EIAAR) No 4 of 2010, Control of Water in the state. monitoring and reporting of Pollution Sources Regulation No 2 of 2010, environmental issues (pollution, Effluent Limitation and Management This suggests that most of the degradation, hazards etc.) in the states. Regulation No 3 of 2010, required actions by the laws and regulations are not well carried out There is need to ensure that biding The EIAAR prohibits the construction or and the implementation is poorly documents incorporate environment extensive rehabilitation of projects as listed monitored. and social concerns especially in schedule without submitting and regarding environmental assessment, Environmental Impact Analysis Report procedure for management of (EIAR). environmental issues during construction and reconstruction etc. It also provides for environmental audit after every three years for some categories of firms and projects; while environmental management plan should be submitted by all industries every year. The State has also an environmental protection policy which has a goal to maintain a clean and safe environment and protect the residents from the environmental 209 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) threats of land degradation, drought and deforestation, pollution, flooding and erosion, inefficient and ineffective waste management and climate change. The State also has a law for the development and regulation of the water sector. The law comprises the Kaduna State Water Supply and Sanitation Law, The Kaduna State Rural Water Supply and Sanitation Law and Water Services Regulation Commission Law of 2016. These are meant to facilitate the efficient management of water resources in the State. The State also has a Water and Sanitation Policy which facilitates the water governance in urban, semi-urban and rural levels in the State. There are evidences that ESIA was done in previous water projects especially under the third urban water scheme in the State. Natural Habitats and Cultural The State has a law and regulation regarding Although the state has a law to There is need for proper screening of Resources: To avoid, natural resource and biodiversity facilitate forest management and subprojects prior to execution to minimize, or mitigate adverse management. effective use and also a regulation ensure that they are not cited in impacts on natural habitats For example, the State has a law to make to control bush burning, the natural habitats or arears with cultural and physical cultural provision for the conservation management enforcement of these instruments is resources. resources resulting from the and effective use of forest and the weak giving the high level of Program. declaration of forest reserves, prevention of deforestation and degradation. deforestation and control of forest, and for matters connected thereto. There was no evidence that conservation and sustainable The State has also Bush Burning Control management of natural habitats Regulation No 5 of 2010 which prohibits and cultural resources are taken intentional setting of fire on arable land and into account in the process of unreserved forests in any part of the State 210 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) without a permit (based on conditions of the screening and in biding documents permit as stipulated in the regulation). for new constructions Public and Worker Safety: To The State has a Public Service Rule that Lack of OHS guidelines and There is a need to put in place an OHS protect public and worker guides the activities and welfare of public procedures to be adopted by guideline and procedures for safety against the potential and civil servants. contractors, employers of labor and construction workers in the State and risks associated with: (a) workers in the State. under the PforR program. construction and/or The State enacted a Child Welfare and operations of facilities or Protection Law in 2018, which among Lack of awareness of relevant Kaduna State Government should other operational practices others, provides that in an action concerning authorities’ staff to appreciate the ensure that contractors and employers under the Program; (b) a child, the child’s interest and protection need to ensure occupational health of labor provide personal protective exposure to toxic chemicals, must be ensured at all times. and safety equipment (PPE) for their workers hazardous wastes, and other especially those involving dangerous materials under the There is no evidence that the construction, rehabilitation, health Program; and (c) general public is well sensitized work, sanitation and waste reconstruction or regarding the issues of public management and handling of rehabilitation of infrastructure safety. chemicals. located in areas prone to natural hazards. The State Government should strengthen citizen engagement through different channels so as to create awareness regarding the entire program activities especially in relation to OHS and CHS. Land Acquisition: To manage Besides the Nigeria Land Use Act, Kaduna The laws and regulations are weak Given that large scale land acquisition land acquisition and loss of State has some laws and regulation and inadequate regarding is not envisaged in the PforR, an access to natural resources in governing land acquisition. These include involuntary/ compulsory abridged resettlement action plan a way that avoids or the Kaduna State Land Registration acquisition of land and (ARAP) acceptable to the Bank must minimizes displacement, and Law,1982, Kaduna Geographic Information resettlement and does not cover be prepared for any involuntary assist the affected people in Service (KADGIS) Law, 2015, and Kaduna voluntary acquisition if land. resettlement or temporary improving, or at the minimum Land Use Regulation 2016. displacement. restoring, their livelihoods It only indicates that Kaduna State and living standards. government can acquire land based There is need for Kaduna state to on overriding public interest and establish a framework/protocol for for the strategic economic 211 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) development of the State and that voluntary land donation in the land acquisition will be as collaboration with SURWASH. provided by the Land Use Act, Cap L5 Laws of the federation of There should be significant capacity Nigeria, 2004. This Act is weak building of the FPIU and SPIU on and does not provide for adequate sustainable land access, through compensation and resettlement of trainings and workshops. project affected persons, poor grievance redress mechanism, poor land rights, doesn’t include anything with regards to land donation, consultation prior to land acquisition, makes no provision for livelihood restoration, makes compensation provisions for those who have recognized land rights, silent on timing of compensation payment, makes no provision for compensation for undeveloped land, among others. Vulnerable Groups: To give Kaduna State Government domiciled a law The gaps regarding vulnerable The State should carryout regular due consideration to the to prohibit all forms of violence including groups is little. However, the state enlightenment programs for the public cultural appropriateness of, physical, sexual, psychological, domestic, does not seem to have clear policy and capacity building programs for and equitable access to, harmful traditional practices; discrimination and action plan to ensure inclusion staff of gender/women ministries. Program benefits, giving against persons and to provide maximum of minority/ ethnic groups. special attention to the rights protection and effective remedies for victims The State should update her social and interests of the and punishment of offenders-2018. This Although some legislations and inclusion policy to ensure that ethnic Indigenous Peoples and to the provides a legal framework to deal with policy exist, there is lack of minorities and well covered and not needs or concerns of issues relating to discrimination, sexual capacity in Ministries of Women discriminated against. vulnerable groups abuse, sexual harassment, sexual Affairs and Social Development to exploitation, sexual intimidation, physical tackle the issues relating to gender abuse, violence, trafficking, etc. and youths and PWD’s. The State also has a Gender Equity and Social Inclusion GESI) policy domiciled in the Ministry of Women Affairs and Social Development of the State. The policy was 212 Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) created to enable women, girls, young people, persons with disabilities, the elderly and children access to socio economic opportunities; and increase the capacity of women, adolescent girls and PWDs to realize their rights and determine their life’s outcome, among others. The State also has a Social Protection Policy with a vision to establish an inclusive, robust, realistic and well-coordinated Social Protection (SP) system with a focus that no resident of the state falls below the minimum level of social and economic wellbeing. The State equally has GBV response team to quickly deal with issues of sexual and GBV, and SH and abuse. Social Conflict: To avoid The country has a well-trained police and Available GRM frameworks where The State should institutionalize a exacerbating social conflict, security forces who maintain the rule of law poor and vulnerable can make GRM mechanism not just adopting the especially in fragile states, and also provides security against bandits complaints and get redress are not GRM mechanism for social transfers post-conflict areas, or areas and other forms of violent crimes and well institutionalized. instituted at the federal level. subject to territorial disputes attacks in Kaduna State. The State should put in place an There is also a justice system with courts institutional mechanism for providing where people can seek redress free legal services/legal aid and advice to the citizens that need it. The State adopted the GRM mechanism for quick report of grievances under the social inclusion program. 213 H: IMO STATE ENVIRONMENTAL AND SOCIAL ASSESMENT Core Principle Systems Assessment Analysis of the gaps Proposed Gap filling measures (and how it compares to the core (Federal/State/LGA level) (recommendations for the PAP) principles) Environment: To promote The State Environmental Protection Agency Despite the laws and regulations, The is need to strengthen the capacity environmental and social Law of 1992 which sets up the State there is inadequate capacity and of existing staff of Imo State sustainability in the Program Environmental Protection Agency. There staff strength in the environmental Environment Protection Agency and design; avoid, minimize, or law has also an amendment edict of 1997. protection agency and for the Ministry of Environment mitigate adverse impacts, and The law also provides for issues regarding environmental management, especially in the areas of promote informed decision- management and prohibition air pollution, monitoring and assessment in the environmental management, making relating to the water pollution, land pollution and waste State. assessment, and monitoring. Program’s environmental and disposal, among others. social impacts There is also weak capacity and There is a need to equip the State The law also provides for the preparation of equipment to monitor and manage Environmental Impact Assessment/ Analysis environmental pollution, hazards Ministries of Environment with report for any sites for institutions, industries and other environmental problems necessary facilities and gadgets and layouts. It states that the Environmental in the state. (including laboratory) to facilitate the Impact Analysis Report (EIAR) shall clearly monitoring and reporting of explore all environmental hazards and environmental issues (pollution, pollution likely to be generated by the degradation, hazards etc.) in the states. development project and the solutions to ensure environmental protection. There is need to ensure that biding documents incorporate environment There is also Imo State Waste Management and social concerns especially Agency Law No 5 of 2020 which regarding environmental assessment, established the Waste Management Agency. procedure for management of The law provides for waste management in environmental issues during the State by the agency. construction and reconstruction etc. There is also Imo State Water Law of 2019. The law establishes and put in place a functional and effective organizational structure including a regulatory body for the purpose of promoting and facilitating access to water services by consumers in urban areas, small towns and rural areas of Imo state and for other related matters. 214 The State also enacted the Imo State Environmental Transmission n Law of 2008 which was amended in 2020. The law deals with the prevention of industrial pollution, prohibition of discharge of injurious gases, among others. Natural Habitats and Cultural The State promulgated a Bush Burning The State did not provide any There is need for proper screening of Resources: To avoid, (Prohibition) Edit in 1985. The law prohibits evidence to show that there is a law subprojects prior to execution to minimize, or mitigate adverse anybody from setting fire on forests, trees, regarding forest and biodiversity ensure that they are not cited in impacts on natural habitats grassland, grasses or any other vegetation in protection and management. natural habitats or arears with cultural and physical cultural any place except as permitted or executed resources. resources resulting from the under any enactment in force in the State. Although the state has a law to Program. control bush burning, the There is also a need for a policy to The State also promulgated Imo State Tree enforcement of these instruments is facilitate forest management and Planting Edict, 1985 to facilitate tree weak giving the high level of biodiversity conservation in the State. planting and environmental conservation in deforestation and degradation. the State. There was no evidence that conservation and sustainable management of natural habitats and cultural resources are taken into account in the process of screening and in biding documents for new constructions. The enforcement of the laws for example, Bush Burning (Prohibition) Edit in 1985 and Tree Planting Edict, 1985 is weak. Public and Worker Safety: To The State has a Public Service Rule that Lack of OHS guidelines and There is a need to put in place an OHS protect public and worker guides the activities and welfare of public procedures to be adopted by guideline and procedures for safety against the potential and civil servants. contractors, firms’ employers of construction workers in the State and risks associated with: (a) labor and workers in the State. under the PforR program. construction and/or The Environmental Protection Agency Law operations of facilities or prohibits air pollution, water pollution and Lack of awareness of relevant The State Government should ensure other operational practices land pollution and requires EIA for any authorities’ staff to appreciate the that contractors and employers of under the Program; (b) development project. labor provide personal protective need to ensure occupational health exposure to toxic chemicals, equipment (PPE) for their workers 215 hazardous wastes, and other There is also Imo State Public Health Law and safety. especially those involving dangerous materials under the No 9 of 2004 which provides for the construction, rehabilitation, health Program; and (c) protection of public health. There is no evidence that the work, sanitation and waste reconstruction or general public is not well sensitized management and handling of rehabilitation of infrastructure regarding the issues of public chemicals. located in areas prone to safety. natural hazards. The State Government should strengthen citizen engagement through different channels so as to create awareness regarding the entire program activities especially in relation to OHS and on public safety procedures. Land Acquisition: To manage The State has no State laws or regulations The Act is weak and does not Given that large scale land acquisition land acquisition and loss of governing land acquisition except the provide for adequate compensation is not envisaged in the PforR, an access to natural resources in Nigeria Land Use Act which vest all land and resettlement of project affected abridged resettlement action plan a way that avoids or comprised in the territory of each State in persons, poor grievance redress (ARAP) acceptable to the Bank must minimizes displacement, and the Federation to the State Governor. mechanism, poor land rights, be prepared for any involuntary assist the affected people in doesn’t include anything with resettlement or temporary improving, or at the minimum regards land donation, consultation displacement. restoring, their livelihoods prior to land acquisition, makes no and living standards. provision for livelihood There is need for Imo state to establish restoration, makes compensation a framework/protocol for voluntary provisions for those who have land donation in collaboration with recognized land rights, silent on SURWASH. timing of compensation payment, makes no provision for There should be significant capacity compensation for undeveloped building of the FPIU and SPIU on land, among others. sustainable land access, through trainings and workshops/ Vulnerable Groups: To give Imo State through the Ministry of Gender Imo state does not seem to have The State should quickly set up a due consideration to the and Vulnerable Groups has laws to clear policy and action plan to gender-based (Sexual) Violence cultural appropriateness of, encourage social inclusiveness (poor and the ensure inclusion of minority/ Response Team (DSVRT) to for quick and equitable access to, vulnerable persons), including addressing ethnic groups. response to issues of GBV in the Program benefits, giving the discrimination against Women. The laws states. special attention to the rights include Imo State Widows Protection Law Although some legislations and and interests of the N0. 12 of 2003; Imo State Rights and policy exist, there is lack of The State should carryout regular Indigenous Peoples and to the Responsibilities of a Child, and System of capacity in Ministries of Women enlightenment programs for the public needs or concerns of Child Justice Administration Law N0. 6 of Affairs and Social Development to and capacity building programs for vulnerable groups staff of gender/women ministries. 216 2004; and Imo State Gender and Equal tackle the issues relating to gender Opportunities Law N0. 7 of 2007. and youths and PWD’s. The State should develop a social inclusion policy and ensure that ethnic The Imo State Water & Sewerage minorities and well covered and not Corporation (ISWSC) has a sexual discriminated against. harassment prevention policy. The aim is to give zero tolerance for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Social Conflict: To avoid The country has a well-trained police and GRM frameworks where poor and Imo State should institutionalize a exacerbating social conflict, security forces who maintain the rule of law vulnerable can make complaints GRM mechanism especially in the especially in fragile states, and also provides security against bandits and get redress are not WASH sector to forestall any form of post-conflict areas, or areas and other forms of violent crimes and institutionalized. conflicts. subject to territorial disputes attacks in Kaduna State. The State should put in place an There is also a justice system with courts institutional mechanism for providing where people can seek redress. free legal services/legal aid and advice to the citizens that need it. Although there have recorded issues of conflicts between herders and farmers in the State, Imo State , the conflicts have not been very explosive as in the North East and North West Nigeria. 1. 217 Annex 6: Summary Overview of Potential Impacts Associated with Water and Sanitation Activities ENVIRONMENT Aesthetic and amenity values AL Cultural heritage and sites Archaeological Resources Impacts on Child Labour COMPONENTS Surface water resources Groundwater resources Future land use options Existing infrastructure Surface water quality Groundwater quality Noise and vibration Local communities National economy Terrestrial Fauna Health and safety Current land use Local economy Aquatic fauna Labour Influx Topography Livelihoods Air quality Geology Flora GBV Soils PROJECT ACTIVITIES PLANNING AND DESIGN Mobilisation of X stakeholders Site identification X X X X X X X X for set up of WASH infrastructure Surveying of the X X X X X X X X X project site- geotechnical investigations and water yield studies WASH Sub-project X X design CONSTRUCTION AND REHABILITATION Mobilisation of X X X X X X X X X X X X X X X X X X X X resources Land clearing X X X X X X X X X X X X X X X X X X X X X X activities Water source X X X X X X X X X X X X X X X X X X X development 218 ENVIRONMENT Aesthetic and amenity values AL Cultural heritage and sites Archaeological Resources Impacts on Child Labour COMPONENTS Surface water resources Groundwater resources Future land use options Existing infrastructure Surface water quality Groundwater quality Noise and vibration Local communities National economy Terrestrial Fauna Health and safety Current land use Local economy Aquatic fauna Labour Influx Topography Livelihoods Air quality Geology Flora GBV Soils PROJECT ACTIVITIES Construction X X X X X X X X X X X X X X X X X X X X X X X materials acquisition Tank, pump-house X X X X X X X X X X X X X X X X X X X X X X construction Latrine installation X X X X X X X X X X Installation of water X X X X X X X X X X X X X X pipes and tap stands Construction X X X X X X X X X X X X X X X X boreholes/intakes OPERATION AND MAINTENANCE Water supply X X X X X Provision of X X X X X X employment Scheme X X X X X X X X X X X Management Operation of X X X X X X X X X X X infrastructure Latrine operation X X X X X X X Septic Tank X X X X X X X X X X discharges Infrastructure repair X X X X X X X X X and maintenance Water point X X X X X X maintenance 219 AL meters resources Closure of PROJECT solar cells and ACTIVITIES energy support and disposal of and disposal of and distribution Water collection BESS systems as construction sites COMPONENTS Demobilisation of Decommissioning Decommissioning ENVIRONMENT Geology Soils X X X X X X X X X Topography Surface water resources DECOMMISSIONING AND CLOSURE X X Surface water quality Groundwater resources X X Groundwater quality Archaeological Resources X Flora Terrestrial Fauna Aquatic fauna Air quality Noise and vibration Cultural heritage and sites X X X Local communities X X Livelihoods X Current land use X Future land use options X X X Local economy National economy X Existing infrastructure X X Health and safety X Aesthetic and amenity values Impacts on Child Labour GBV Labour Influx 220 Annex 7: Program Specific Sub Project Exclusion List Investments of particularly high E&S risks will be excluded from financing under the Program. Excluded activities include the construction and/or rehabilitation of wastewater treatment plants, the desilting of surface waters, and large-scale water (surface and groundwater) resource infrastructure, including large dams or activities involving the allocation or conveyance of water, such as inter-basin water transfers or activities resulting in significant changes to water quality or availability. Furthermore, other proposed activities with an uncertain level of risk could be subject to additional E&S screening mechanism for acceptability (following an environmental and social assessment satisfactory to the Bank). Such activities include, but are not limited to, the construction or rehabilitation of water treatment plant and fecal sludge treatment facilities; and the large-scale construction of water supply mains. Large scale land acquisition for any Program activity is also deemed high risk which cannot be funded under the PforR. Any Program activity that entails large scale resettlement or livelihood displacement of more than 100 Project Affected Persons (PAPs) will not be funded by the PforR. For any resettlement below 100 PAPs, the implementing agencies will prepare Resettlement Action Plans (RAPs). 221