E963 MALAWI GOVERNMENT EDUCATION SECTOR SUPPORT PROJECT I Environmental and Social Management Framework May 2004 Ministry of Education Science and Technology Private Bag 328, Capital City, Lilongwe 3 Tel.: (265)1789382/422 Fax: (265)1788064/184 FiLE "WY TABLE OF CONTENTS Page Number Executive Summary --------------------------------------------------------------- 4 Acknowledgements--------------------------------------------------------------------------7 List of Acronyms-----------------------------------------------------------------------------8 1.0 Introduction---------------------------------------------------------9- 9 2.0 Preliminary Project Description-----------------------------------------------10 3.0 Objectives and Methodology of preparing the Environmental And Social Management Framework (ESMF)------------------------------11 Objectives--------------------------------------------------------------------------- 11 Methodology------------------------------------------------------------------------12 4.0 Overview of Malawi's applicable Environmental Policies And Procedures--------------------------------------------------------------------13 5.0 The World Bank's Safeguard Policies----------------------------------------15 6.0 Environmental Impacts----------------------------------------------------------15 7.0 Social Impacts----------------------------------------------------------------------17 8.0 The Screening Process------------------------------------------------------------17 Step 1: Screening of Educational Facilities and Sites-------------------------18 Step 2: Assigning the appropriate Environmental Categories---------------19 Step 3: Carrying out Environmental Work--------------------------------------20 Step 4: Review and Approval-----------------------------------------------------21 Step 5: Public Consultation and Disclosure------------------------------------22 Step 6. Monitoring-----------------------------------------------------------------24 Step 7: Monitoring Indicators----------------------------------------------------25 2 9.0 Capacity Building for Environmental Management and Monitoring------------------------------------------------------------------------25 Environmental assessment process--------------------------------------- 26 Environmental policies, procedures and sectoral guidelines--------------26 Selected topics on environmental protection---------------------------------26 Cost estimates--------------------------------------------------------------------26 10.0 Environmental Management Plan (EMP) for ESSP I-----------------------26 Annex 1: Environmental and Social Screening Form (Sample)--------------------32 Annex 2: Environmental and Social Checklist (Sample)----------------------------38 Annex 3: Procedures for the construction and rehabilitation of Educational facilities requiring EIA-----------------------------------------47 Annex 4: Summary of the World Bank's Safeguard Policies-----------------------49 3 Executive Summary * Education in Malawi is facing a deep crisis reflected in high numbers of untrained teachers, shortage of instructional materials and equipment, inadequate and dilapidated classrooms and infrastructure, low retention and poor student outcomes. * The situation is adversely affected by an inequitable and inefficient use of human and financial resources across the system that is incongruent with defined government policy objectives. * The Government has issued a series of policy documents that prioritize the development of the education and training system as a key component in its poverty reduction strategy. * However, given the weakness of the Ministry and the scope of the problems it will not be possible to address all issues at once. Consequently, selectivity in the choice of interventions is pivotal in turning Malawi 's education system around. * Education Sector Support Project I (ESSP I) willfocus on two issues which will build the foundation for broader interventions in the future. The project will improve the quality of education by increasing the quantity and quality of teachers and strengthen government capacity to manage the system and financial resources, thereby readying the government to implement a broader sector wide program. * The project will have two main components: Component 1 will focus on selected system-wide quality improvements: (i) teacher development and management and (ii) quality improvements and inputs (non-salary recurrent costs, learning materials, equipment and rehabilitation of secondary schools, the Mzuzu university, Chancellor College, the Polytechnic Institute, and construction of a new teacher training college); Component 2 will address the following policy issues and other minor activities: (i) recalibrate national policy and implementation plan across the system, (ii) develop teacher education policy, strategy and model for the system, (iii) formulate a language of instruction policy and implement the new curriculum for primary schools, (iv) develop a funding formulae for decentralization and teacher deployment (SAC condition October 2004), including, monitoring and evaluation, redeployment, inspection, and phasing in of financial transfers to districts and schools - including nutrition and conditional cash transfers in collaboration with WFP, DFID, NGOs and UNICEF, (v) selected policy reforms at secondary and higher education levels (vi) develop FM and procurement procedures and reporting for a wider SWAP and expanded pooling arrangement. * To achieve the project's objectives, it will be necessary to rehabilitate secondary schools, the Mzuzu university, Chancellor College, the Polytechnic Institute, and to build one new teacher training college at a site yet to be determined. * The Government of Malawi has promulgated an Environment Management Act (EMA), 1996, which calls for an integration of environmental concerns into the socio- economic development plans and requires that Environmental Impact Assessment (EIA) be carried out prior to project implementation. Sections 24-29 of EMA provide for a prescribed list of projects, EIA reporting, EIJA review, Environmental Audits, Monitoring of existing projects and other issues. A number of other sectoral legislation with environmental management and natural resources are also related to the EIA process. 4 * The EMA also requires that environment and natural resources management be integrated in any development planning at the district level. The most significant factor is that no development activity should be undertaken in a district outside of the District Environmental Action Plan. * Effectively, this means that all projects in any one district need to integrate environmental issues. The District Environmental Action Plans (DEAPs) are required to conform to the National Environmental Action Plan (NEAP,). The effective system for integrating such issues is the EIA process, which would be accompanied by requisite district level capacity to implement the desired environmental management responsibilities. * Since the environmental and social impacts that might result from the rehabilitation and construction of the education facilities under the ESSP I are not known at this time, an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) have been prepared. * These frameworks will not only meet Malawi's legal mandate for EIA, but also the 1992 Rio Declaration on the Environment and Development, and the Safeguard Policy requirements of the World Bank (OP 4.01 Environmental Assessment and OP 4.12 Involuntary Resettlement). * Apart from meeting these EIA legal requirements, this ESMF has also been prepared in recognition of the fact that Malawi's Guidelines for Environmental Impact Assessment (December 1997) do not include a tool for the identification and mitigation of potential environmental and social impacts of construction and rehabilitation activities under education projects. Potential impacts such as soil erosion, pollution, loss of vegetation or loss of livelihoods most likely would fall below the thresholds at which EIA is mandatory under the national law. * The objective of this ESMF is to ensure that the future construction and rehabilitation of education facilities to be supported by the Education Sector Support Project I (ESSP I) will be carried out in an environmentally and socially sustainable manner in line with national and international EIA requirements. * The ESMF and RPF frameworks therefore will serve as tools for project implementers at the district level to identify and mitigate potential environmental and social impacts during the planning stage, thereby avoiding long-term negative environmental and social impacts in the vicinity of the education facilities. * The ESMF will be applied by qualified members of the area executive committees at the district level at the time when plans for the construction and rehabilitation of education facilities are being developed. Assistance will be provided by local expert committees at the district level. * The ESMF is designed to ensure that the appropriate level of environmental management is applied, which could range from the need for carrying out environmental impact assessments, to the application of simple environmental mitigation measures, to not requiring any environmental work. * The ESMF includes an Environmental Management Plan (EMP) for ESSP I, to facilitate its implementation (see Chapter 10). The EMP will also be included in the Project Implementation Manual. * It is anticipated that the screening process for ESSP I can be developed further to become a generic framework for the environmental assessment of subsequent 5 education projects that include activities that cannot be identified at the time of project preparation, but which are likely to require mitigation measures in the future. * Under ESSP I, physical environmental impacts will result mainly from the rehabilitation of approximately 100 Community Day Secondary Schools (CDSSs) throughout Malawi, rehabilitation at Mzuzu University in the Northern Region (Mzuzu Urban District, rehabilitation at Chancellor College in the Southern Region (Zomba Urban District), rehabilitation at the Polytechnic Institute in the Southern Region (Blantyre Urban District, construction of one new Teacher Training College (TTC) at a site yet to be decided in the Liwonde area, Machinga District, in the Southern Region, development and use of borrow pits as sources of construction materials and disposal of asbestos. * Social impacts such as relocation or loss of shelter, loss of assets or access to assets, and loss of income sources or means of livelihood, whether or not the affected persons must move to another location - are likely to result from the activities under ESSP I. Thus, prior to the commencement of construction and rehabilitation activities, ESSP I will have to prepare and implement resettlement action plans or compensation plans consistent with the RPF. In addition, E'SSP I would have to mitigate potential health impacts on the surrounding population such as dust, asbestos, noise, traffic accidents and an increase in water-related diseases due to standing waters in the borrow pits. * The extent of environmental work that might be required prior to the commencement of construction and rehabilitation of education facilities will depend on the outcome of the screening process which will go through seven steps including screening of educationalfacilities and sites, assigning the appropriate environmental categories, carrying out environmental work, review and approval, public consultation and disclosure, developing monitoring indicators and actual monitoring. * To ensure that the screening process is carried out effectively, ESSP I will provide support for environmental training to concerned members as required. * Capacity building for Environmental Management and Monitoring will be required for various individuals and committees at the district and area levels. These might include Area Committees to strengthen their capacity to apply the screening process as outlined in the ESMF, including the review and approval of EAs for projects. * Environmental training will focus on Environmental assessment process to include project screening,, assignment of environmental categories, rationale for using environmental checklists, preparation of terms of reference for carrying out EIA, how to review and approve EIA report, the importance of public consultations in the IEA process, how to monitor project implementation and case studies. * Other areas of focus include training on environmental policies, procedures and sectoral guidelines (Review and discussion of Malawi's environmental policies, procedures, and legislation and Review and discussion of the Bank's Safeguards Policies), selected topics on environmental protection, and how to do cost estimates. 6 ACKNOWLEDGEMENTS This framework is a product of a broad range of stakeholders that were consulted or involved in the process of preparing the final work. The Ministry of Education provided the overall leadership in the preparation of this manual with assistance from the World Bank. Some of the stakeholders include communities, District Assemblies, District executives, various Government Ministries and Departments in particular the Environmental Affairs and Lands and Physical Planning Departments. The list of individual people involved is too long to be mentioned in this report but special thanks should go to Mr Sam Manguluti of EDMU, Mr Chris Chiumia of EAD, Mr Dominic Senganimalunje of the Ministry of Education, Mr Chirwa of EDMU, Mrs Chiona of EDMU, the Education Manager for Machinga District, Mr. Tauzi of the Ministry of Health and many other individuals. Special thanks should also go to various members of staff and community in and around various education institutions visited during consultative meetings. 7 LIST OF ACRONYMS ADB African Development Bank CDSS Community Day Secondary School CIDA Canadian International Development Agency DDP District Development Planning system DEA Director of Environmental Affairs DEAP District Environmental Action Plan DESC District Environmental Sub-Committee DFID Department for International Development EAD Environmental Affairs Department EIA Environmental Impact Assessment EMA Environment Management Act EMP Environmental Management Plan ESMF Environmental and Social Management Framework ESSP I Education Sector Support Project I FM Financial Management GTZ Gesellschaft fuer Technische Zusammenarbeit JICA Japanese International Corporation Agency MEFA Malawi Education For All MPRSP Malawi Poverty Reduction Strategy Paper PIF Policy Investment Framework RAP Resettlement Action Plan RPF Resettlement Policy Framework SAC Structural Adjustment Credit SOER State of the Environment Report SWAP Sector Wide Approach TCE Technical Committee on the Environment TDC Teacher Development Center TTC Teacher Training College USAID United States Agency for International Development UNICEF United Nations Children's Emergency Fund UNESCO United Nations Education and Scientific Organization UNFPA United Nations Population Fund WFP World Food Programme 8 1.0 Introduction Education in Malawi is facing a deep crisis as reflected in high numbers of untrained teachers, shortage of instructional materials and equipment, inadequate and dilapidated classrooms and infrastructure, low retention rates, and poor student outcomes. The situation is adversely affected by an inequitable and inefficient use of human and financial resources across the system that is incongruent with defined government policy objectives. Given the weakness of the Ministry and the scope of the problems, it will not be possible to address all issues at once. Consequently, selectivity in the choice of interventions is pivotal in turning Malawi's education system around. The Government has issued a series of policy documents (including MPRSP, Vision 2020, Education Sector Policy Investment Framework (PIF) 2000-2012, the draft Malawi Education For All (MEFA) that prioritize the development of the education and training system as a key component in its poverty reduction strategy. The PIF targets improvements in the quality of basic education and teacher development and increased access to post-primary education to sustain the development of the system itself and ensure that the needs of the economy are at the center of the strategy for the medium-term framework (2005-07). This strategy will provide the necessary capacity to implement the MPRSP, bolster primary and secondary levels and provide a supply of better teachers and essential teaching resources. The recent (2002) Joint Sector Review (JSR) reiterated the need for government to develop a strategic plan which will provide a blueprint for the implementation of the PIF and a move towards a sector wide approach (SWAP). Donor collaboration in general and in the education sector is strong. Current donor interventions by USAID, GTZ, JICA, DFID, ADB, UNICEF, WFP, UNESCO, CIDA, the Netherlands and UNFPA target the primary education sub-sector, notably teacher education, learning materials and textbooks, classroom based assessment, curriculum development, district capacity building, school mapping and micro-planning, Teacher Development Centers (TDCs), primary school construction, national training of staff, HIV/AIDS and EMIS. In addition to the World Bank, JICA and CIDA are supporting secondary teacher training (SSTEP) and in-service teacher training, and ADB will soon finance the rehabilitation of a few CDSSs. A core group on teacher development is being revitalized. This project will focus on two issues which will build the foundation for broader interventions in the future. The project will improve the quality of education by increasing the quantity and quality of teachers and strengthen government capacity to manage the system and financial resources, thereby readying the government to implement a broader sector wide program. It will further emphasize donor collaboration and the initiation of a small, but scaleable pooled fund with a vievv toward harmonizing fiduciary procedures and move towards a better integrated sector program. To achieve the project's objectives, it will be necessary to rehabilitate secondary schools, Mzuzu 9 university, Chancellor College, the Polytechnic Institute, and to build one new teacher training college. Since the environmental and social impacts that might result from the rehabilitation and construction of the education facilities are not known at this time, an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) have been prepared. These frameworks will serve as tools for project implementers at the district level to identify and mitigate potential environmental and social impacts during the planning stage, thereby avoiding long-term negative environmental and social impacts in the vicinity of the education facilities. 2.0 Preliminary Project Description The project will improve the conditions for service delivery and the quality of teaching and learning across the education system by: (i) improving the management, the number and quality of teachers as measured by the reduction in the Pupil:Qualified Teacher Ratio from 123 to 100 in Standards 1 to 4 by year 2008, and (ii) strengthening the government's capacity to manage the system and financial resources. The project will finance selected system wide activities and the initiation of a SWAP covering the primary, secondary and tertiary sub-sectors with emphasis on quality improvements and teacher development and management. The elements related to the SWAP entail the setting up of a small, but scaleable pooled fund and work towards a more comprehensive expenditure framework. The government is currently preparing a comprehensive implementation plan for the PIF, and in the interim period it will provide a basis for earmarking World Bank activities. Three-quarters of the credit for teacher development, management and quality improvements will be disbursed against an agreed two-year rolling budget and work program against specific IDA expenditure categories. The plan will be prepared and approved by the Steering Committee overseeing the project and PIF program. The other quarter of IDA resources will finance defined activities in the areas of policy development, capacity building and reforms. The project will finance and sustain activities initiated under the Secondary Education Project, including management training of head masters and pedagogical advisors. Component 1: Selected system-wide quality improvement: (i) teacher development and management and (ii) quality improvements and inputs (non-salary recurrent costs, learning materials, equipment and rehabilitation of secondary schools, the Mzuzu university, Chancellor College, the Polytechnic Institute, and the construction of a new teacher training college on a site yet to be determined). In addition, the following policy issues and minor activities will be addressed through: Component 2: Policy consolidation and capacity building: (i) recalibrate national policy and implementation plan across the system, (ii) develop teacher education policy, strategy and model for the system, (iii) formulate a language of instruction policy and implement the new curriculum for primary schools, (iv) develop aL funding formulae for 10 decentralization and teacher deployment (SAC condition October 2004), including, monitoring and evaluation, redeployment, inspection, and phasing in of financial transfers to districts and schools - including nutrition and conditional cash transfers in collaboration with WFP, DFID, NGOs and UNICEF, (v) selected policy reforms at secondary and higher education levels (vi) develop FM and procurement procedures and reporting for a wider SWAP and expanded pooling arrangement. 3.0 Objectives and Methodology of the Environmental and Social Management Framework (ESMF) Objectives The objective of this Environmental and Social Management Framework (ESMF) is to ensure that the future construction and rehabilitation of education facilities to be supported by the Education Sector Support Project I (ESSP I) will be carried out in an environmentally and socially sustainable manner. This is an important aspect, because it is not possible at this time to determine the extent of localized impacts that might result from some of the future construction and rehabilitation activities; it is anticipated that the majority of impacts will not be significant. Thus, the ESMF is designed to ensure that the appropriate level of environmental management is applied, which could range from the need for carrying out environmental impact assessments, to the application of simple environmental mitigation measures, to not requiring any environmental work. Therefore, an environmental and social screening process - as presented in this ESMF - has been prepared. The ESMF describes the steps involved in identifying and mitigating the potential environmental and social impacts of future construction and rehabilitation activities. It also provides guidance in cases where the screening results indicate that a separate Environmental Impact Assessment (EIA) is required. The ESMF will be applied by qualified members of the Area Executive Committees at the district level (which include primary education advisors) at the time when plans for the construction and rehabilitation of education facilities are being developed. Assistance will be provided by the District Environmental Sub-Committee (which includes an Education Manager), as necessary. To ensure that the screening process is carried out effectively, ESSP I will provide support for environmental training to committee members as required. This ESMF has been prepared in recognition of the fact that Malawi's Guidelines for Environmental Impact Assessment (December 1997) do not include a tool for the identification and mitigation of potential environmental and social impacts of construction and rehabilitation activities under education projects. Potential impacts such as soil erosion, water pollution, loss of vegetation or loss of livelihoods most likely would fall below the thresholds at which EIA "is mandatory" (Appendix B, List of Prescribed Projects - List A) or "may be required" (Appendix B, List of Projects for which EIA may be required - List B). 11 Therefore, to allow for the identification and mitigation of potential environmental and social impacts due to construction and rehabilitation activities under ESSP I, the project will draw on the provisions of the World Bank's Safeguard Policy OP 4.01 Environmental Assessment. Consistent with this policy, all projects submitted to the Bank for financing have to be screened for potential environmental and social impacts in order to determine their appropriate environmental categories (A, B, C, FI) and - based on the results of the environmental screening process - to carry out the required environmental work. According to OP 4.01, projects involving construction and rehabilitation activities are classified as category B, meaning that an environmental analysis or, in this case, an ESMF be prepared and disclosed to the public. Thus, the ESMF not only meets the safeguard policy requirements of the World Bank, but it also complements Malawi's procedures for meeting EIA requirements as outlined in Appendix C of the above guidelines, because the results of the screening process can be incorporated into the Project Briefs as well as into the EIA process outlined in Appendix C of the afore-mentioned guidelines. It is anticipated that the screening process for ESSP I can be developed further to become a generic framework for the environmental assessment of subsequent education projects that include activities that cannot be identified at the time of project preparation, but which are likely to require some mitigation measures in the future. The development of such a generic framework could also benefit public-sector projects which are currently lacking guidelines and procedures for ensuring that EIA contributes effectively to the planning and approval of public-sector projects. Since the exact social impacts that might result from the construction and rehabilitation of education facilities under ESSP I are not known at this time, the project has also prepared a Resettlement Policy Framework (RPF), to be applied in conjunction with this ESMF as necessary. The RPF has been prepared based on the requirements of the World Bank's Safeguard Policy OP 4.12 Involuntary Resettlement. OP 4.12 covers Bank projects as well as Bank- assisted projects that incur direct economic and social impacts caused by involuntary taking of land which would result in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. The RPF outlines the principles and procedures to be applied in the event that people are affected by project activities. The ESMF includes an Environmental Management Plan (EMP) for ESSP I, to facilitate its implementation (see Chapter 10). The EMP summarizes institutional arrangements for the implementation of mitigation measures, the monitoring of the implementation of mitigation measures, and capacity building needs as well as cost estimates and time ' Guidelines for Environmental Impact Assessment, December 1997, Environmental Affairs Department, Ministry of Forestry, Fisheries and Environmental Affairs, Chapter 3 "Integrating EIA into existing Project Planning and Approval Processes", section 3.1, p. 15 12 horizons for such activities and monitoring indicators. The EMP will be included in the Project Implementation Manual. Methodology This framework was prepared based on existing general literature, the Malawian Education Policy Framework, Malawian Environmental Impact Assessment Guidelines, and the World Bank's Safeguard Policies. Besides these documents, a lot of consultations with various stakeholders, including communities and the general public, were undertaken before writing the framework. Field visits, feasibility studies and other technical assessments were also undertaken in recognition of the Laws of Malawi. The final draft also went through the scrutiny of a lot of stakeholders before relevant authorities approved the final document. This framework will be used by contractors who will be doing the actual work, Education Managers, the Environmental Affairs and other relevant Government Departments, District Assemblies and their committees, the Ministry of Education and other relevant stakeholders. It is designed to be a reference manual that provides an overall framework for the assessment of environmental and social impacts resulting from the projects. 4.0 Overview of Malawi's applicable Environmental Policies and Procedures The Republic of Malawi Constitution. A new Constitution of the Republic of Malawi came into force in 1995. Section 13 (d) of the Constitution sets a broad framework for sustainable environmental management at various levels in Malawi. Among other issues it calls for prudent management of the environment and accords future generations their full rights to the environment. The constitution also provides for a framework for the integration or application of international environmental and foreign case law into the national legal system. Central Government Strategies and Policies. The Malawi Government has recently embarked on a wide range of policies and strategies in support of the Constitution geared to stimulate economic growth, social development and sustainable environmental management. These are also broad frameworks that set out the agenda for change in the above areas. The main instruments include the Malawi Poverty Reduction Strategy, Vision 2020, the Economic Growth Strategy, the National Strategy for Sustainable Development, The Decentralization Policy and other sectoral strategies. The thrust in all these strategies and policies is to empower local people and promote sustainable development through prudent management of the environment. C)ecentralization Policy. This is a key policy that aims at transferring Central government responsibilities closer to the local people. Through this policy key environmental management responsibilities have also been transferred to the local communities. A Decentralized Environmental Management Framework that defines roles and responsibilities has been put in place. It is generally understood that all environment and natural resource management policies and laws will eventually be aligned with the Decentralization Policy. 13 Environment Management Act (EMA), 1996. The Government of Malawi has promulgated this Act to organize the environmental sector and give practical guidelines useful to decision makers and authorities involved in any field of activity or projects with a link to environmental issues. The law calls for an integration of environmental concerns into the socio-economic development plans and requires that Environmental Impact Assessment (EIA) be carried out prior to project implementation. Section 24 of EMA provides for the conduct of EIA of any projects as directed by the Director of Environmental Affairs (DEA) in consultation with the lead agency. The application of EIA also meets the requirements of the 1992 Rio Declaration on the Environment and Development. According to the Act, project developers are required to comply with the EIA process, which is managed by the DEA. Section 24(1) of the EMA lists the types of projects for which EIA is mandatory (List A) or may be required (List B). All formal EIA submissions are made to the DEA in accordance with Section 29 of the Act. A project brief should provide adequate information for the DEA to determine whether an EIA is required or not. The inter-agency Technical Committee on the Environment (TCE) provides the Environmental Affairs Department (EAD) with the necessary expertise and advice in the EIA decision-making process. Public consultation is an integral component of the EIA requirements and guidelines are 2 available on methods of consultation . In this regard, EMA specifies that developers be required to conduct public consultation during the preparation of project briefs throughout to the implementation of the EIA recommendations. The Act also requires that access to information is maintained by making available for public review all forrnal EIA documents. There is a number of sectoral legislation with environmental management and natural resources provisions and is therefore important to the EIA process. These relate to: Land administration and management; water resources management; plants and animals; minerals, chemicals and pollution; industrial infrastructure and urban development; forestry, wildlife and fisheries. The EMA requires that environment and natural resources management be integrated in any development planning, including at the district level. Each district is required to develop a District Environmental Action Plan (DEAP) which is integrated into the District Development Planning system (DDP). The authority of the district is provided for in Sections 19, 20, and 23 of the EMA. The most significant factor is that no development activity should be undertaken in a district outside of the DEAP. Effectively, this means that all projects in any one district need to integrate environmental issues. The DEAPs are required to conform to the National Environmental Action Plan (NEAP). The effective system for integrating such issues is the EIA process, which would be accompanied by requisite district level capacity to implement the desired environmental management responsibilities. 2 Guidelines for Environmental Impact Assessment 14 National Environmental Action Plan (NEAP), 1994. The first NEAP, 1994, identifies nine priority environmental problems of the country, estimates the costs of environmental degradation and proposes actions to arrest these concems. The nine key environmental concerns in Malawi in order of priority are: soil erosion, deforestation, water resources depletion and degradation, high population growth, depletion of fish stocks, threat to biodiversity, human habitat degradation, climate change, and air pollution. The EMA requires the Minister responsible for environmental affairs to present to the National Assembly for approval a NEAP every five years, while every year, a State of the Environment Report (SOER) be prepared. The second NEAP was prepared in 2002, based on DEAPs prepared in 2001. Three national SOERs have been prepared since the enactment the EMA. 5.0 The World Bank's Safeguard Policies ESSP I has triggered two of the World Bank's Safeguard Policies, namely, OP 4.01 Environmental Assessment and OP 4.12 Involuntary Resettlement. The remaining operational policies are not triggered by ESSP I. The objective of OP 4.01 is to ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts in its area of influence. Thus, the construction and rehabilitation of education facilities is likely to have environmental impacts which will require mitigation. The objective of OP 4.12 is to avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs. Furthermore, it intends to assist displaced persons in improving their former living standards; it encourages community participation in planning and implementing resettlement and to provide assistance to affected people, regardless of the legality of title of land. This policy is triggered not only if physical relocation occurs, but also by any loss of land resulting in: relocation or loss of shelter; loss of assets or access to assets; loss of income sources or means of livelihood, whether or not the affected people must move to another location. A summary of the World Bank's Safeguard Policies is provided in Annex 4. It provides guidance on measures to be taken should any of these policies be triggered (in addition to OP 4.01 and OP 4.12). 6.0 Environmental Impacts Environmental impacts will result from the following activities under ESSP I: (i) Rehabilitation of approximately 100 Community Day Secondary Schools (CCSSs) throughout Malawi. Since rehabilitation will take place at existing facilities and will include the addition of minor buildings such as a 15 secure store room or a staff room, on existing school grounds, environmental impacts are expected to be limited to the management of wastes at the construction sites (waste water, solid waste, asbestos, construction wastes such as oils and paints, as well as dust and noise'). Depending on the circumstances at particular CDSSs, rehabilitation activities could include measures to improve or replace current excreta disposal facilities and maintenance of water points. (ii) Rehabilitation at Chancellor College in the Southern Region (Zomba Urban District). Rehabilitation activities will include water proofing of leaking roofs, replacement of broken fittings, repairing of malfunctioning drainage, water and electrical installations, painting, and re-surfacing of worn access roads. As required, these activities will include the construction of additional lecture rooms, laboratories, library facilities, office space, boarding facilities, dining and kitchen facilities, ablution facilities for students and staff, and related walkways, access roads, and storm water drainage inside the campus. Environmental impacts are expected to include soil erosion, soil and water pollution, loss of vegetation, and additional solid waste and waste water disposal. (iii) Rehabilitation at the Polytechnic Institute in the Southem Region (Blantyre Urban District). Rehabilitation activities will include water proofing of leaking roofs, replacement of broken fittings, repairing of malfunctioning drainage, water and electrical installations, and painting. As required, these activities will involve the construction of two additional classrooms and one instruction workshop, with ancillary store rooms, cloakroom and ablution facilities for students and staff, and related walkways, access road, and storm water drainage inside the campus. Environmental impacts are likely to include soil erosion, soil and water pollution, loss of vegetation and additional solid waste and waste water disposal. (iv) Construction of one new Teacher Training College (TTC) at a site yet to be decided in the Liwonde area, Machinga District, in the Southern Region. Construction activities are likely to include: leveling of the site; laying of building foundations for the TTC, staff housing an other buildings; laying of drinking water pipes and sewage pipes; connection of the TTC and its various buildings to the power grid; an access road for the public; a service road for employees and suppliers. Environmental impacts are likely to include soil erosion, soil and water pollution, loss of vegetation, additional solid waste and waste water disposal. In view of the provision of service infrastructure in addition to construction activities, an Environmental Impact Assessment (EIA) as required under Malawian law will be carried out at the planning stage. (v) Development and use of borrow pits as sources of construction materials. In addition to considering the immediate impacts of the 16 construction and rehabilitation activities discussed earlier, ESSP I has to take into account potential environmental impacts due to the development and use of borrow pits as sources of construction materials for the proposed education facilities. Such impacts are likely to include loss of flora and fauna, ground water pollution, and soil erosion. Appropriate mitigation measures such as restoration of existing sites or the use of alternative, man-made sources of construction materials should be considered and incorporated into the architectural plans for the education facilities. (vi) Disposal of asbestos. It is to be expected that the rehabilitation of education facilities will require the disposal of asbestos. The project will have to ensure that proper asbestos disposal will be among the responsibilities of the contractors. Asbestos can be disposed safely in sealed plastic containers to be buried in designated landfills or other hazardous waste disposal sites. 7.0 Social Impacts At present, the majority, if not all, of the future construction sites and possibly new borrow pits are most likely used as fields for the production of crops, grazing and other subsistence activities by people living in those particular areas. Therefore, social impacts such as (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location - are likely to result from the above activities. Thus, as necessary, prior to the commencement of construction and rehabilitation activities, ESSP I would have to prepare and implement resettlement action plans or compensation plans consistent with the RPF. In addition, ESSP I would have to mitigate potential health impacts on the surrounding population such as dust, noise, traffic accidents and an increase in water-related diseases due to standing waters in the borrow pits. As HIV/AIDS are a serious problem in Malawi, it will be important that ESSP I address these in an educational context. HIV/AIDS is spreading rapidly amongst girls and boys in schools and the surrounding communities due to low levels of awareness, poor administration in schools, lack of communication between teachers, parents and students, lack of resources for capacity building in schools, poor coverage of HIV/AIDS in school curriculums and many other social factors. Girls are generally more prone to HIV/AIDS than boys. Therefore, ESSP I will focus on reducing the spread of HIV/AIDS in schools and their surrounding communities through the following measures: Training of school administrators and teachers in methods of HIV/AIDS control in public institutions, building fences around institutions to avoid unnecessary interaction between surrounding communities and students, creating awareness among students, communities and staff through the introduction of HIV/AIDS programmes, provision of resources to schools for 17 capacity building in HIV/AIDS and encouraging participation of public and private organizations including NGOs in HIV/AIDS awareness campaign in schools. 8.0 The Screening Process The sections below (steps 1-7) illustrate the stages of the environmental and social screening process (the screening process) leading towards the review and approval of architectural plans for the construction and rehabilitation of education facilities under ESSP I. The purpose of this screening process is to determine which construction and rehabilitation activities are likely to have potential negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into the architectural design of education facilities; to review and approve construction and rehabilitation proposals, and to monitor environmental parameters during the construction and rehabilitation of education facilities and their subsequent operation and maintenance. The extent of environmental work that might be required prior to the commencement of construction and rehabilitation of education facilities will depend on the outcome of the screening process described below. Step 1: Screening of Educational Facilities and Step 7: Sites Monitoring Step 2: Indicators t Assigning the If project t \ ~~~~~~~~~~~appropriate *falls in Environmental Category A |Step 6: l aeoisPrescribed Monitoring If project list of s ~~~~~~fails to Step 3: projects \ / meet Carrying out then Trigger Step 5: Public criteria Environmental Formal EIA Consultation Work and Disclosure Step 4: Review \ and Approval * Fig. 1 The Screening process 18 Step 1: Screening of Educational Facilities and Sites Prior to going to the field, a desk appraisal of the construction and rehabilitation plans, including structural designs, will be carried out by the District Executive Committee at the district level. Subsequently, the initial screening in the field will be carried out through the use of the Environmental and Social Screening Form (Annex 1). This form will be completed by a qualified member of the Area Executive Committee, with assistance from the District Environmental Sub-Committee (which includes an Education Manager), as necessary. Completion of this screening form will facilitate the identification of potential environmental and social impacts, determination of their significance, assignment of the appropriate environmental category, proposal of appropriate environmental mitigation measures, and conduct of an Environmental Impact Assessment (EIA), if necessary. The initial environmental and social screening will also indicate the need for a Resettlement Action Plan (RAP) which would be prepared on the basis of the Resettlement Policy Framework (RPF) prepared for ESSP I. To ensure that the screening form is completed correctly in the various project locations, environmental training will be provided to members of the Area Executive Committees and members of the District Executive Committees including its District Environmental Sub-Committee, as required. Step 2: Assigning the appropriate Environmental Categories The assignment of the appropriate environmental category to a particular construction or rehabilitation activity will be based on the information provided in the environmental and social screening form (Annex 1). The District Environmental Sub-Committee (DESC) under the leadership of the District Environmental Officer will be responsible for categorizing a construction or rehabilitation activity either as A, B, or C - in the case of complex situations, in consultation with the Department of Environmental Affairs (DEA) of the Ministry of Forestry, Fisheries and Environmental Affairs. As required, members of the District Environmental Sub-Committee will receive environmental training so that they can perform this function effectively. The District Environmental Office is the secretariat to the DESC and will therefore take a leading role in capacity building issues of the DESC. The assignment of the appropriate environmental category will be based on provisions in OP 4.01 Environmental Assessment. Consistent with this operational policy, most construction and rehabilitation activities under ESSP I are likely to be categorized as B, meaning that their potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other 19 natural habitats - are site-specific, few if any of the impacts are irreversible, and can be mitigated readily. Some rehabilitation activities such as the water proofing of leaky roofs or painting of classrooms might be categorized as "C" if the environmental and social screening results indicate that such activities will have no significant environmental and social impacts and therefore do not require additional environmental work. Thus, if the screening forrn has ONLY "No" entries, the proposed activity will not require further environmental work, and the District Environmental Sub-Committee will recommend approval of this proposal and implementation can proceed immediately. The environrmental category " A" (significant, irreversible impacts) most likely will not apply to the construction and rehabilitation activities to be funded by ESSP I. However, members of the Area Executive Committee as well as the District Environmental Sub- Committee will have to pay particular attention to proposals involving the construction of new facilities and the provision of related infrastructure services such as water supply, sanitation (including liquid and solid waste disposal) or power, and the opening of new borrow pits as sources of construction materials. Activities categorized as A or complex Bs (for Prescribed Projects, List A) will require EIAs. These would be reviewed and approved by the DEA through normal procedures, and the World Bank prior to the commencement of construction. In the event that RAPs will have to be prepared for such activities, these would be reviewed and approved by the Controller of Lands Services, Ministry of Lands, Physical Planning & Surveys as well as the World Bank prior to the commencement of construction. Step 3: Carrying out Environmental Work After reviewing the information provided in the environmental and social screening form (Annex 1), and having determined the appropriate environmental category, the District Environmental Sub-Committee with assistance from members of the Area Executive Committees will carry out the required environmental work, that is to determine, whether (a) the application of simple mitigation measures outlined in the Environmental and Social Checklist (Annex 2) will suffice; or whether (b) a separate Environmental Impact Assessment (EIA) needs to be carried out, using the national EIA guidelines referred to in Annex 3. Environmental and Social Checklist: The Environmental and Social Checklist (Annex 2) will be completed by qualified members of the Area Executive Committee, under the guidance of the District Environmental Sub-Committee. Activities categorized as simple Bs might benefit from the application of mitigation measures outlined in this checklist. In situations where the screening process identifies the need for land acquisition, qualified service providers would prepare a RAP, consistent with OP 4.12. If there are already existing standard designs, the District Environmental Sub-Committee, in coordination with the planning team of the District Executive Committee, will assess 20 them for impacts on the chosen land site and modify the design to include appropriate mitigation measures. For example, if the enviromnental screening process identifies contamination of ground water sources due to inappropriate waste disposal as the main impact from the construction and rehabilitation activity, the mitigation measure would be for the District Environmental Sub-Committee and members of the planning team (The District Executive Committee) to choose a site further away from the water source so that ground water contamination is not possible and/or incorporate appropriate waste disposal measures into the design such as channeling all waste to a closed system that is periodically emptied and disposed of safely. Throughout this process, the District Environmental Sub-Committee would assist members of the Area Executive Committee. Environmental Impact Assessment (EIA): In some cases, the results of the environmental and social screening process may indicate that the planned activities are more complex and therefore require an EIA prior to the construction or rehabilitation of an education facility. It is recommended that an EIA be carried out for the construction of the new TTC, and - based on the screening results - possibly for other facilities, as 3 required by Malawi's guidelines3. The EIA will identify and assess the potential environmental impacts of the proposed construction activities, evaluate alternatives, as well as design appropriate mitigation measures, management, and monitoring measures. These measures will be captured in the Environmental Management Plan (EMP) which will be prepared as part of the EIA for each educational facility. The preparation of the EIA and the EMP will be carried out in consultation with the relevant stakeholders, including potentially affected persons. The District Environmental Sub-Committee in close consultation with the Environmental Affairs Department and on behalf of the ESSP I project management will arrange for the (i) preparation of EA terms of reference; (ii) recruitment of local service providers to carry out the EA; (iii) public consultations; (see Annex 3) and (iv) review and approval of the EIA through the national EIA approval process. Step 4: Review and Approval Review: Under the guidance of the District Environmental Sub-Committee, the relevant sector committees (Area Executive Committees) at the district level will review (i) the results and recommendations presented in the environmental and social screening forns; (ii) the proposed mitigation measures presented in the environmental and social checklists; and (iii) as appropriate, progress of EIAs for more complex projects as per 3 Guidelines for Environmental Impact Assessment, December 1997, Environmental Affairs Department, Ministry of Forestry, Fisheries and Environmental Affairs 21 List A or B of Malawi's Environmental Impact Assessment Guidelines to ensure that all environmental and social impacts have been identified and effective mitigation measures have been proposed. Recommendation for Approval/Disapproval: Based on the results of the above review process, and discussions with the relevant stakeholders and potentially affected persons, the District Environmental Sub-Committee will make recommendations to the District Executive Committee for approval/disapproval of the review results and proposed mitigation measures. Approval/Disapproval: The District Executive Committee will be responsible for approving/disapproving the recommendations of the District Environmental Sub- Committee. Endorsement: Subsequently, the District Executive Committee will forward its recommendations to the District Assembly for endorsement. National level review and approval: After the first stage of screening the DESC will determine which of the projects require a formal EIA or audit. In cases where EIAs are required for proposals that would fall under List A or B of Malawi's environmental guidelines, these would be reviewed and approved by the Environmental Affairs Department of the Ministry of Forestry, Fisheries and Environmental Affairs. The corresponding RAPs would be reviewed and approved by the Ministry of Lands, Physical Planning and Surveys. Step 5: Public Consultation and Disclosure Public consultations are critical in preparing an effective proposal for the construction and rehabilitation of education facilities. The first step is to hold public consultations with the local communities and all other interested/affected parties during the screening process and in the course of preparing the EIA. These consultations should identify key issues and determine how the concerns of all parties will be addressed in the terms of reference for the EIA which might be carried out for construction and rehabilitation proposals. According to Malawi's Guidelines for Environmental Impact Assessment (December 1997), public consultations are an integral component of the EIA requirements, and the document identifies the following principal elements: (i) Developers are required to conduct public consultation during the Project brief and EIAs. (ii) The Director of Environmental Affairs may, on the advice of the Technical Committee on the Environment (TCE), conduct his or her own public consultation to verify or extend the work of a developer. (iii) Formal EIA documents are made available for public review and comment. Documents to which the public has access include Project Briefs, EIA terms 22 of reference, draft and final EIA reports, and decisions of the Director of Environmental Affairs regarding project approval. Practices and procedures for making these documents available to the public will be developed by the Director on the advice of the TCE. It is very unusual that an EIA need contain proprietary or market-sensitive information (i.e. technological, financial) which a developer would prefer remain confidential. Unless public knowledge of such information is crucial to project review, and as provided under Section 25(5) of the EMA, the Director will comply with requests that such information does not appear in an EIA. (iv) Certificates, approving projects will be published by the developer and displayed for public inspection. Appendix G of the Guidelines for Environmental Impact Assessment (December 1997) provides details concerning the public consultation methods in Malawi. Such methods include press conferences, information notices, brochures/fliers, interviews, questionnaires and polls, open houses, community meetings, advisory committees, and public hearings. The guidelines for public consultation include, among others, a requirement that major elements of the consultation program should have its major elements timed to coincide with significant planning and decision-making activities in the project cycle. In terms of Malawi's EIA process, public consultation should be undertaken during (i) the preparation of the EIA terms of reference; (ii) the carrying out of an EIA; (iii) government review of an EIA report; and (iv) the preparation of environmental terms and conditions of approval. For further details, please consult Appendix G. In the context of ESSP I, the Government of Malawi will ensure that the relevant stakeholders, including potentially affected persons, will be consulted with regard to the potential impacts of the proposed construction and rehabilitation of education facilities. Consultation methods suitable to ESSP I would include commtnity meetings, public hearings or information notices which would be organized by the Office of the District Commissioner. Copies of the ESMF and the RPF for ESSP I would be made available to the public through these channels of communication. To meet the consultation and disclosure requirements of the World Bank, the Government of Malawi will issue a disclosure letter in which it informs the Bank of (i) the Government's approval of the ESMF and the RPF; (ii) the actual disclosure of these documents to all relevant stakeholders and potentially affected persons in Malawi, and (iii) the Government's authorization to the Bank to disclose these documents in its Infoshop in Washington D.C. These steps towards disclosure of the safeguard documents will have to be completed prior to the appraisal of ESSP I as required by the Bank's Disclosure Policy OP 17.50. 23 Step 6: Monitoring Environmental monitoring needs to be carried out during the construction and rehabilitation of the education facilities as well as during their operation and maintenance. The following monitoring arrangements for ESSP I are proposed: Community Day Secondary Schools (CDSSs): ESSP I will rehabilitate about 100 CDSSs nation-wide; therefore, monitoring will take place at the community level in the respective areas. During the rehabilitation of CDSSs, designated members of the Village Development Committees and School Committees, will be responsible for the monitoring of (i) construction techniques and the inclusion of environmental design features as required in the architectural plans; (ii) provisions for traffic safety, reduction of noise and dust levels; (iii) construction site waste management (proper storage of construction materials, sanitation, solid waste disposal, waste water disposal); (iv) safe disposal of wastes (old construction materials, malfunctioning pit latrines, old roofs, doors and windows); and (v) the implementation of plans for the restoration of the construction sites once the rehabilitation work has been completed. Area Executive Committees shall support to the village level committees at all stages of the work including monitoring. The District and Area Committees will also take part in all monitoring and evaluation exercises. To ensure effective operation and maintenance of the CDSS facilities, the School Committees will appoint, on a rotating basis, students to ensure cleanliness and safety of school latrines, and faculty members to oversee the students in this regard. The headmaster will regularly view the school buildings and related facilities to ensure that repairs are made in a timely fashion. The Office of the Controller of Lands Services, of the Ministry of Lands, Physical Planning and Surveys, will be responsible for monitoring the implementation of the Resettlement Policy Framework (RPF). Education facilities in urban areas: ESSP I will primarily rehabilitate education facilities in urban areas, and there are plans to construct a new Teacher Training College (TTC); the site has not yet been determined. In the course of rehabilitation/construction of education facilities in urban areas, designated members of the Municipalities will be responsible for the monitoring of (i) the work of the contractors, and the implementation of environmental design features as required in the architectural plans; (ii) provisions for traffic safety, reduction of noise and dust levels; (iii) construction site waste management (proper storage of construction materials, sanitation, solid waste disposal, waste water disposal); (iv) safe disposal of wastes (old construction materials, malfunctioning service infrastructure, paints etc.); (v) as required, the implementation of recommendations made in EIAs for new construction; (vi) the implementation of plans for the restoration of the construction sites once rehabilitation has been completed as required in the architectural plans. 24 To ensure effective operation and maintenance of the education facilities in urban areas, the municipalities will hire qualified service providers/contractors and coordinate with the local utilities to ensure proper functioning of the service infrastructure that will be funded under ESSP I. The Office of the Controller of Lands Services, of the Ministry of Lands, Physical Planning and Surveys will be responsible for monitoring the implementation of the Resettlement Policy Framework (RPF). Step 7: Monitoring Indicators In order to be able to assess the effectiveness of the proposed construction and rehabilitation of education facilities and their subsequent operation. and maintenance, the following monitoring indicators are proposed: * Water quality at the water points meets local standards * Safe liquid and solid waste disposal either on-site or through private waste management companies * Frequency of maintenance requests from education facilities constructed and rehabilitated under ESSP I * Number of individuals who have been compensated properly. 9.0 Capacity building for Environmental Management and Monitoring Capacity for environmental management and monitoring will be required at the district level for (a) The Area Executive Committees to strengthen their capacity to apply the screening process as outlined in the ESMF; (b) As necessary, members of District Environmental Sub-Committee to enable them to assist Area Executive Committees in the implementation of the screening process as outlined in the ESMF, including the review and approval of EIAs for projects included on List B of Malawi's environmental guidelines, and making effective recommendations for the approval/disapproval of construction and rehabilitation activities to the District Executive Committee. The following environmental training would be necessary to ensure that ESSP I will be implemented in an environmentally and socially sustainable manner: 25 Environmental assessment process * Screening process * Assignment of environmental categories * Rationale for using Environmental Checklists * Preparation of terms of reference for carrying out EA * How to review and approve EA reports * The importance of public consultations in the EA process * How to monitor project implementation * Case studies Environmental policies, procedures and sectoral guidelines * Review and discussion of Malawi's environmental policies, procedures, and legislation * Review and discussion of the Bank's safeguards policies * Collaboration with institutions at the local, regional and national levels. Selected topics on environmental protection * Soil erosion * Waste disposal - including asbestos disposal * Ground and Surface Water management Despite this training, there seems to be a lack of capacity for decision-making at district level. It is therefore important that at each stage of the screening process the district officials should closely liaise with relevant departments at the central level, especially the Environmental Affairs Department, in making decisions involving projects that appear on a prescribed list B of projects for which EIA may be mandatory. It is also important that capacity building issues in environmental impact assessment are not left to the districts alone, but that the Environmental Affairs Department should help to organize and monitor such trainings. Cost estimates Each district in Malawi has one District Executive Committee and several Area Executive Committees equivalent to the number of Traditional Authorities in the District. The cost estimates for these two types of committees will be based on the venue, length of training and number of participants taking part in the training. Other factors such as stationery, per diem and refreshments are secondary. On average each District Executive Committee comprise approximately 30 people depending on the number of sectors represented in the district. Each Area Executive Committee has about the same number. For such kind of training the average cost ranges between 60,000 to 200,000 Malawi Kwacha per complete session depending on the actual attendance and other factors stated above (A normal session of about 30 people for 3 days should cost about 150,000 Malawi Kwacha). This cost should be prorated using actual numbers of committees per district 26 and the number of districts involved. A small contingency should be added to cover variations due to location (Rural or Urban). 10.0 Environmental Management Plan (EMP) for ESSP I The purpose of the Environmental Management Plan (EMP) is to clarify environmental and social impacts/enhancements, mitigation measures to be undertaken and the institutional responsibilities for: (i) the identification of environmental and social impacts; (ii) the preparation and implementation of mitigation measures; (iii) monitoring the implementation of the mitigation measures; (iv) capacity building to ensure the afore- mentioned responsibilities will be carried out effectively. Thus, the responsibilities at the district level, at the municipality level and the national level, as well as time horizons and cost estimates are given below: - No. Environmental/ Social Proposed mitigation Roles and Impacts Measures Responsibilities 1 Relocation or loss of shelter Preparation and District implementation of a Commissioners, Resettlement Policy Commissioner Framework which will include for Lands, compensation plans. ESSPI Project Management, EAD. 2 Loss of assets or access to Preparation and District assets implementation of a Commissioners, Resettlement Policy Commissioner Framework which will include for Lands, compensation plans. ESSPI Project Management, EAD. 3 Loss of income sources, and or Preparation and District means of livelihood implementation of a Commissioners, Resettlement Policy Commissioner Framework, which will for Lands, include compensation plans. ESSPI Project Management, EAD. 4 Spread of HIV/AIDS Strengthen HIV/AIDS ESSPI Project Awareness Campaigns in Management, Schools, Training of school Ministry of administrators and staff in Education, HIV/AIDS issues, encouraging Ministry of participation of the private and Health, NGOs, public sectors in HIV/AIDS Gender and issues and reinforcement of Community school curriculum with Services, Local 27 HIV/AIDS issues. institutions and committees, Donor community and District Assemblies 5 Loss of vegetation Selective clearing of project Contractors, sites, reforestation, EAD, ESSPI preservation of protected plant Project staff, species, use of alternative Education sources of energy, use of managers, environmental friendly Forestry technologies Department, District Assemblies 6 Loss of Soil Stabilization of loose soil, Contractors, controlled excavation, EAD, ESSPI preservation of vegetation Project staff, cover, controlled Education transportation of raw managers, materials, appropriate land Forestry scaping. Department, District Assemblies 7 Loss of fragile ecosystems Conduct feasibility studies Contractors, before construction, use expert EAD, ESSPI knowledge of ecologists, Project staff, introduction of ecosystem Education conservation projects, fencing managers, Forestry Department, District Assemblies 8 Asbestos pollution (from Seal in plastic containers and Malawi Bureau roofing sheets) dispose in appropriate landfills of Standards, or designated sites, avoid EAD, exposing personnel to dust by Contractors, providing them with ESSPI project appropriate equipment during management, disposal. Education Training in (i) how to Managers recognize asbestos; and (ii) how to handle asbestos 28 9 Soil and water pollution Controlled disposal of wastes EAD, resulting from the and effluent by use of Contractors, accumulation of solid and appropriate disposal facilities, ESSPI project liquid waste use of appropriate drainage management, structures, use of cleaner Education technologies, proper storage of Managers materials 10 Dust, Emissions, Strong Light, Controlled operation times, EAD, Noise and Vibration use of appropriate equipment, Contractors, proper orientation of lights, ESSPI project use of alternative materials, management, use water sprinklers to control Education dust, use of scrabbers Managers 11 Occurrence of Communicable Provision of potable water Contractors, diseases supplies and sanitation ESSPI project facilities, capacity building in management, sanitation and health issues Education Managers, Ministry of Health, NGOs and District Assemblies 12 Loss of natural and cultural Conduct feasibility studies, ESSPI project heritage. fencing, introduce proper management, antiquity education Education programmes Managers, NGOs and District Assemblies 13 Loss of animals and aquatic Minimize vibrations and ESSPI project life. strong noise, enforcement of management, parks and wildlife law, EAD, Education conduct feasibility studies, Managers, avoid contamination of soil NGOs and and water District Assemblies 14 Disturbance of marginal areas Avoid extraction of raw ESSPI project materials from marginal areas, management, no construction of structures in Education marginal areas. Managers, NGOs and District Assemblies 29 Definition of Roles and Responsibilities District level * The Area Executive Committees which include Primary Education Advisors, will be responsible for completing the environmental and social screening lists (Annex 1) and the environmental and social checklists (Annex 2) to be able to identify and mitigate the potential environmental and social impacts of construction and rehabilitation activities. As required, they will receive environmental training to be able to carry out this task. * The District Environmental Sub-Committee will assist in the above tasks; its members will receive environmental training as required. * The District Environmental Sub-Committee will be responsible for (i) determining the environmental category and the extent of environmental work required based on the screening results; (ii) approving the review recommendations made by the relevant sector committees on the basis of the screening results; and (iii) the approval of EIA reports for new construction, if required. * Public consultations will be carried out by the District Commissioners. * The contractors are responsible for the implementation of the majority of mitigation measures, including safe disposal of asbestos. Municipal level: * Qualified staff at the municipalities will be responsible for carrying out the environmental and social screening of planned activities using Annex 1. * Qualified staff at the municipalities will be responsible for determining the appropriate environmental category for the proposed activity and to arrange for the appropriate level of environmental work to be carried out. * Qualified contractors and service providers will be responsible for implementing mitigation measures such as construction site waste management or the safe disposal of old construction materials, including asbestos. * The municipalities will arrange for the conduct of ELAs as may required based on the screening results. * The municipalities will be responsible for restoring borrow pits. 30 National level: * In the event that a project under ESSP I falls under List A of Malawi's Prescribed Projects as outlined in Appendix B of the environmental guidelines4, the Director of Environmental Affairs will be responsible for reviewing and approving the EIA. * The Director of Environmental Affairs may also arrange for public consultations as part of the EIA process. * The funding for RAPs will be provided by the Office of the President & Cabinet. A summary table of the EMP is provided in chapter 10; it includes cost estimates and time horizons. 4 Guidelines for Environmental Impact Assessment, December 1997, Environmental Affairs Department, Ministry of Forestry, Fisheries and Environmental Affairs 31 ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM [Sample] The Environmental and Social Screening Form (ESSF) has been designed to assist in the evaluation of planned construction and rehabilitation activities under ESSP I. The form is designed to place information in the hands of implementers and reviewers so that impacts and their mitigation measures, if any, can be identified and/or that requirements for further environmental impact assessment be determnined. The ESSF contains information that will allow reviewers to determine the characterization of the prevailing local bio-physical and social environment with the aim to assess the potential impacts of construction and rehabilitation activities on this environment. The ESSF will also identify potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. Name of sub-project............................................................. Sector.............................................................................. Name of the region/community in which the construction and rehabilitation of education facilities is to take place ...................................................... Name of Executing Agent .. Name of the Approving Authority ................................................ Name, job title, and contact details of the person responsible for filling out this ESSF: Name: .. Job title:.... Telephone numbers:............... Fax Number: E-mail address Date: Signature:................................................... 32 PART A: BRIEF DESCRIPTION OF THE PROPOSED ACTIVITIES Please provide information on the type and scale of the construction/rehabilitation activity (area, required land, approximate size of total building floor area). Provide information about actions needed during the construction of facilities including support/ancillary structures and activities required to build them, e.g. need to quarry or excavate borrow materials, laying pipes/lines to connect to energy or water source, access road etc. Describe how the construction/rehabilitation activities will be carried out, including support/activities and resources required to operate it e.g. roads, disposal site, water supply, energy requirement, human resource etc. PART B: BRIEF DESCRIPTION OF THE ENVIRONMENTAL SITUATION AND IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS Describe the education facility's location, siting, surroundings (include a map, even a sketch map) Describe the land formation, topography, vegetation in/adjacent to the education facility's area Estimate and indicate where vegetation might need to be cleared. Environmentally sensitive areas or threatened species Are there any environmentally sensitive areas or threatened species (specify below) that could be adversely affected by the project? (i) Intact natural forests: Yes No (ii) Riverine forest: Yes No (iii) Surface water courses, natural springs Yes No (iv) Wetlands (lakes, rivers, swamp, seasonally inundated areas) Yes No (v) How far is the nearest wetland (lakes, rivers, seasonally inundated areas)? km. 33 (vi) Area of high biodiversity: Yes No (vii) Habitats of endangered/threatened, or rare species for which protection is required under the Malawian national law/local law and/or international agreements. Yes No (viii) Others (describe). Yes No Rivers and Lakes Ecology Is there a possibility that, due to construction and operation of the education facility, the river and lake ecology will be adversely affected? Attention should be paid to water quality and quantity; the nature, productivity and use of aquatic habitats, and variations of these over time. Yes No Protected areas Is the education facility (or parts of the facility) located within/adjacent to any protected areas designated by the government (national park, national reserve, world heritage site etc.). Yes No If the education facility is outside of, but close to, any protected area, is it likely to adversely affect the ecology within the protected area areas (e.g. interference with the migration routes of mammals or birds). Yes No_ Geology and Soils Based upon visual inspection or available literature, are there areas of possible geologic or soil instability (prone to: soil erosion, landslide, subsidence, earthquake etc)? Yes _ No _ Based upon visual inspection or available literature, are there areas that have risks of large scale increase in soil salinity? Yes _ No Based upon visual inspection or available literature, are there areas prone to floods, poorly drained, low-lying, or in a depression or block run-off water Yes No 34 Contamination and Pollution Hazards Is there a possibility that the education facility will be a source of contamination and pollution (from latrines, dumpsites, industrial discharges etc) Yes No_ Landscape/aesthetics Is there a possibility that the education facility will adversely affect the aesthetic attractiveness of the local landscape? Yes No Historical, archaeological or cultural heritage site. Based on available sources, consultation with local authorities, local knowledge and/or observations, could the education facility alter any historical, archaeological, cultural heritage traditional (sacred, ritual area) site or require excavation near same? Yes No_ Resettlement and/or Land Acquisition Will involuntary resettlement, land acquisition, relocation of property, or loss, denial or restriction of access to land and other economic resources be a result of the construction/ rehabilitation of education facilities? Yes No If "Yes" OP 4.12 Involuntary Resettlement is triggered. Please refer to the Resettlement Policy Framework (RPF) for appropriate mitigation measures to be taken. Loss of Crops, Fruit Trees and Household Infrastructure Will the construction/rehabilitation of the education facility result in the pernanent or temporary loss of crops, fruit trees and household infra-structure (such as granaries, outside toilets and kitchens, livestock shed etc)? Yes No Block of access, routes or disruption of normal operations in the general area Will the education facility interfere with or block access, routes etc (for people, livestock and wildlife) or traffic routing and flows? Yes No 35 Noise and Dust Pollution during Construction and Operation Will the operating noise level exceed the allowable noise limits? Yes No Will the operation result in emission of copious amounts of dust, hazardous fumes? Yes No_ Degradation and/or depletion of resources during construction and operation Will the operation involve use of considerable amounts of natural resources (construction materials, water spillage, land, energy from biomass etc.) or may lead to their depletion or degradation at points of source? Yes No Solid or Liquid Wastes Will the education facility generate solid or liquid wastes? (including human excreta/sewage, asbestos) Yes No If "Yes", does the architectural plan include provisions for their adequate collection and disposal, particularly asbestos? Yes No_ Occupational health hazards Will the construction/rehabilitation of the education facility require large number of staff and laborers; large/long-term construction camp? Yes No Are the construction/rehabilitation activities prone to hazards, risks and could they result in accidents and injuries to workers during construction or operation? Yes No Will the education facility require frequent maintenance and/or repair Yes No 36 Public Consultation Has public consultation and participation been sought? Yes No PART C: MITIGATION MEASURES For all "Yes" responses, describe briefly the measures taken to this effect. Once the Environmental and Social Screening Form is completed it is analysed by experts from the District Environmental Sub-Committee who will classify it into the appropriate category based on a predetermined criteria and the information provided in the form. 37 ANNEX 2: ENVIRONMENTAL AND SOCIAL IMPACTS CHECK LIST The Environmental and Social Checklist below has been adapted to ESSP I based on checklists used in other projects in Malawi. It serves as a sample checklist which can be adapted by the District Environmental Sub-Committee to the particular circumstances of the construction/rehabilitation activities under ESSP I. The checklist will be completed by qualified members of the Area Executive Committee after they have received environmental training. Legend for the Checklists: Impacts are scored on a 10 point scale using personal knowledge of the nature of activities as follows:- -5 = There is total destruction on the relevant segment of the environment -4 to -1 = The impact is on the higher side in varying degrees rangingfrom -I as lower and -5 as higher O There is absolutely no impacts on any segment of the environment I to 4 The activity impacts positively on the environment in varying degrees from I to 4 +5 = Extreme enhancement to the relevant segment of the environment * The evaluator should give a score between -1 to +5 depending on personal judgment and knowledge of the nature of activities. * Basing on the scores the evaluator should predict the net impacts by adding the scores and inteprete the result as follows: - *The Project has negative impacts (-) if score is below zero. *The project has positive (+)if the score is above zero *The project has no (0) impact if the score is zero. Table 1: Environmental Checklist for Construction/Rehabilitation of Education Facilities Stage Potential Negative Net Mitigation Measure Scores Responsible Environmental and Impacts for Person Social Impacts Impacts (I to 10) Before construction 1.0 Loss of livelihoods Prepare Resettlement Action Plan as per OP 4.12 - see RPF 2.0 Landslides and soil Terracing; excavatiorn erosion on slopy to level; control of hillsides water flows 3.0 Destruction of Construction contracts; vegetation during to include provisions excavation; may cause for limiting vegetative loss of fauna removal, and for re- vegetation of the_ 38 construction area after completion of works 4.0 Soil erosion, Construction contracts deposition of fine will require re- materials (sand, silts, vegetation as soon as clays) in downstream possible; contractors to water courses during be limited regarding construction, activities that can be particularly in the carried out in the rainy rainy season season; contractors will be required to treat excavated areas below flood water levels as required under the design contract (use of stone gabions and mattresses, before the start of each rainy season 5.0 Traffic disruption Best engineering practices to be employed to ensure traffic disruptions are kept to a minimum 6.0 Noise disturbance Not likely to be a .______________ _ . _problem 7.0 Dust impacts In extreme cases, particularly near clinics, contractors will be required to moisten the construction area to minimize dust 8.0 Pit formation from Use sand from existing sand mine borrow pits; fill back pits During construction 1.0 Noise Use of ear protectors 2.0 Cement dust pollution Dust control by water or other means 3.0 Pressures on existing Liaise with local water sources utilities to ensure adequate water supply 4.0 Soil and water Build latrines and pollution due to large ensure adequate waste number of labourers water disposal; ensure on the construction safe storage of site and related wastes construction materials such as oils, paints 39 After construction =_-=- 1.0 Soil and water Contractors to clear pollution due to construction site of remainder of temporary construction wastes, infrastructures and tools, equipment, and restore vegetation of temporary the site infrastructure 2.0 Safe disposal of Contractors to be asbestos required to dispose asbestos safely This form has been signed by: Chairperson of the District Education Office: Chairperson of the Environment Committee: Member of the Environment Committee: 40 Table 2: Environmental Checklist for Water Supply at the Education Facilities S/No. Potential Negative Net Possible Mitigation Scores for Responsible Environmental Imapct impacts Measures Impacts Person ___ ito 10) 1.0 Hand dug wells, Protected springs _ 1.1 Overexploitation of Consult with hydro- aquifers geologist or Environmental Affairs Department _ 1.2 Spillage of water and Select well site where creation of stagnant water drains away pools of water at well from well; do not head which will be a construct well in a breeding ground for depression or on low- vectors of water-bome lying, poorly drained diseases site; construct drainage ditches to divert run- off water around well site; construct concrete pad around the base of the well head (see modular design) 1.3 Contamination of well Install hand pump on water by users the well and do not allow users to draw water by lowering containers into the well; ensure well head is properly sealed 1.4 Contamination of well Do not construct water by seepage from latrines within a pit latrines minimum of 30 m of the hand dug well, 60 m is preferable 2.0 Boreholes with hand pumps 2.1 Spillage of water around Select site for borehole borehole providing a where there is drainage breeding ground for away from the pump vectors of water bome pad; do not construct diseases borehole in depression; construct a drainage channel to lead waste water away from the pump pad (see modular design); place gravel around hand pump pad (see modular design) _ 41 2.2 Erosion undermining Divert run-off water hand pump pad away from borehole and maintain gravel fill around the pad _ . 2.3 Contamination of Do not construct borehole water by latrines within 30 m of seepage from latrines the borehole 2.4 Contamination of well Construct a fence to by animal wastes keep animals away; construct water trough at least 30 m from well _ 3.0 Water pipelines 3.1 Secondary, tertiary Prevent leakage from distribution piping broken pipes creating ponds of water where disease carrying organisms thrive 3.2 Negative pressure in Ensure that positive pipes drawing pressure is maintained contaminated water and in pipes at all times; on soil into water supply regular basis flush system to remove accumulated silt; provide surface drainage to prevent collection of runoff water along pipeline route. Ensure that sewage collection piping is installed in separate trench from water supply piping with adequate separation, preferably on opposite sides of the street, and where pipes cross, an impermeable barrier is installed between pipes 4.0 New pipelines/ Carry out EIA distribution lines _ 42 Table 3: Environmental Checklist for Sanitation at Education Facilities S/No. Potential Negative Net Possible Mitigation Scores Responsible Environmental and impacts Measures for Person Social Impacts Impacts ._________________ _ ( ito 10) 1.0 Septic tanks _____ 1.1 Soil and water pollution Ensure regular due to seepage from emptying; conduct tanks hygiene education campaign to raise awareness of the health risks of exposed sewage; establish and support affordable pump out services 2.0 Sewers 2.1 Soil and water pollution Ensure regular maintenance 2.2 Construction impacts Refer to Table 1 3.0 Sewerage maturation ponds 3.1 Construction impacts Refer to Table 1 _ 3.2 Possible land acquisition Refer to RPF _ 3.3 Sludge disposed of Ensure that sludge is indiscriminately and properly dried and causing health risks disposed of in a manner that poses no risk to human health 3.4 Animals accessing Install and maintain sewage ponds and proper fencing to transmitting diseases to prevent animals from people entering the area 3.5 Incompletely treated Operate ponds in a waste water manner that only contaminating surface allows waste water water streams meeting prescribed quality standards leaving the treatment site; ensure that ponds are sized and operated to retain waste water for an adequate period to complete the treatment process _ 4.0 Storm water drainage _ 4.1 Construction impacts Refer to Table I 4.2 Possible land acquisition Refer to RPF _ 43 4.3 Erosion along banks of Stabilize sections of drainage channel causing bank susceptible to siltation of channel and erosion; plant shrubs loss of land and trees on uphill side of ditch to slow water runoff 5.4 Open defecation Conduct hygiene education campaign to raise awareness of the health risks of open defecation, and promote the use of latrines __ 44 Table 4: Environmental Checklist for Roads and Footpaths S/No. Potential Negative Net Possible Mitigation Scores Responsible Environmental and Impacts Measures for Person Social Impacts Impacts -i to 10) 1.0 Footpaths _ 1.1 Footpath blocking Install culverts or drainage for runoff bridges across natural water and manmade drainage channels and keep cleared of debris _ 1.2 Ponding on path Construct path so that providing breeding water drains away by site for vectors of rising above water borne disease surrounding ground level and by sloping the surface of the path towards the sides; fill depressions with granular material _ 1.3 Footpath becoming a Provide drainage water course during ditches on both sides rains and causing of the path and install erosion small check dams to reduce velocity of water flow; direct water from ditch along side footpath into natural or manmade drainage channels as frequently as possible to minimize the volume of runoff water carried by the ditch; plant shrubs and trees on the uphill side of the ditch to slow water runoff _ 2.0 Earth roads 2.1 Erosion of lands Plant grass along the downhill from road edge of the road; bed or in borrow areas construct during dry season 2.2 Create dust to nearby Dust control by water houses during or other means construction 2.3 Increased sediments Prevention of erosion into streams, ponds by re-vegetation, dry and rivers due to construction and 45 erosion from road physical stabilization tops and sides 2.4 Possible land Refer to RPF acquisition, loss of livelihoods 2.5 Creation of stagnant Rehabilitation of pools of water in left borrow pits sites borrow pits 3.0 Bridges and culverts _ 3.1 Flooding and erosion Ensure that openings caused by are adequately sized to overflowing and accommodate flows blockage of openings and organize regular clean out of openings 3.2 Bridge deck failure Establish and causing accidents and implement a injuries maintenance program and establish a source of funding to pay for repair works _ 46 ANNEX 3: PROCEDURES FOR THE CONSTRUCTION AND REHABILITATION OF EDUCATION FACILITIES REQUIRING EIA According to Malawi's Guidelines for Environmental Impact Assessment (December 1997), there are two sequential types of formal EIA submissions which represent progress reports to meet the requirements of Malawi's EIA process. These are Project Briefs and EIA Reports. A Project Brief is a short report informing DEA that a prescribed activity is being considered. Its sole purpose is to provide sufficient information to allow DEA to determine the need for an EIA based on screening criteria outlined in Appendix of the guidelines. Thus, a Project Brief must contain the information needed by DEA to evaluate the report against the screening criteria. Section 24 of the EMA requires that a Project Brief should at least state: * The nature of the project; * The activities that shall be undertaken; * The possible products and by-products anticipated; * The number of people the project shall employ; * The area of land, air or water that may be affected; and * Any other matters as may be prescribed. More generally, the Project Brief should also contain: * A basic description of the project purpose, size, location and preliminary design, including any alternatives which are being considered i(i.e. site, technology, construction and operation procedures, handling of waste). * The stage of the project in the project cycle. * A location map of the project site or site alternatives, and a site plan as it is currently known. Maps and plans should conform to the standards discussed in the section describing the requirements of an EIA report. * A discussion of which aspects of the project are likely to cause environmental concerns, and of proposed environmental management measures. The General Requirements of an EIA Report include: (i) quality standards; (ii) terms of reference; (iii) identification of the EIA team; (iv) discussion of EIA methods; (v) public consultation; and (vi) information and mapping standards. Typical elements of an ETA report include: (i) an Executive Summary; (ii) an Introduction; (iii) a Project Description; (iv) a discussion of the Environmental Planning and Design; (v) Public consultation; (vi) description of the Environmental Setting; (vii) Assessment of Environmental Impacts; (viii) Environmental Management Plan; (ix) Resource Evaluation; (x) Summary and Recommendations; and (xi) Appendices. For details on the preparation of the above documents, please refer to Appendix C of the Guidelines for Environmental Impact Assessment (December 1997). 47 In this context, the ESMF not only complements Malawi's procedures for meeting EIA requirements as outlined in Appendix C of the above guidelines, but it also meets the safeguard policy requirements of the World Bank. 48 ANNEX 4: SUMMARY OF THE WORLD BANK'S SAFEGUARD POLICIES OP 4.01 The objective of this policy is to ensure that Bank- Depending on the project, and nature Environmental financed projects are environmentally sound and of impacts a range of instruments can Assessment sustainable, and that decision-making is improved be used: EIA, environmental audit, through appropriate analysis of actions and of their hazard or risk assessment and likely environmental impacts. This policy is triggered environmental management plan if a project is likely to have potential (adverse) (EMP).When a project is likely to environmental risks and impacts in its area of have sectoral or regional impacts, influence. sectoral or regional EA is required. The Borrower is responsible for carrying out the EA. Under ESSP I, the Borrower has prepared an Environmental and Social Management Framework (ESMF) to assess the impacts of future construction and rehabilitation activities where the exact location is not known at the time of project preparation. OP 4.04 Natural This policy recognizes that the conservation of natural This policy is triggered by any project Habitats habitats is essential for long-term sustainable (including any sub-project under a development. The Bank, therefore, supports the sector investment or financial protection, maintenance, and rehabilitation of natural intermediary loan) with the potential habitats in its project financing, as well as policy to cause significant conversion (loss) dialogue and analytical work. The Bank supports, and or degradation of natural habitats expects the Borrowers to apply, a precautionary whether directly (through approach to natural resource management to ensure construction) or indirectly (through opportunities for environmentally sustainable human activities induced by the development. project). Under ESSP I, construction and rehabilitation activities that would have negative impacts on natural habitats would not be funded. OP 4.36 Forests This policy focuses on the management, conservation, This policy is triggered by forest and sustainable development of forest ecosystems and sector activities and other Bank their associated resources. It applies to projects that sponsored interventions which have may/may not have impacts on (a) health and quality of the potential to impact significantly forests; (b) affect the rights and welfare of people and upon forested areas. their level of dependence upon or interaction with forests and projects that aim to bring about changes in Under ESSP I, construction and the management, protection, or utilization of natural rehabilitation activities that are likely forests or plantations, whether they are publicly, to affect populations and forests as privately or communally owned. The Bank does not described in OP 4.36 will not be support the significant conversion or degradation of funded. critical forest areas or related critical natural habitats. 49 OP 4.09 Pest The objective of this policy is to promote the use of The policy is triggered if procurement Management biological or environmental control methods and of pesticides is envisaged (either reduce reliance on synthetic chemical pesticides. In directly through the project or Bank-financed agricultural operations, pest indirectly through on-lending); if the populations are normally controlled through project may affect pest management Integrated Pest Management (IPM) approaches. In in a way that harm could be done, Bank-financed public health projects, the Bank even though the project is not supports controlling pests primarily through envisaged to procure pesticides. This environmental methods. The policy further ensures includes projects that may lead to that health and environmental hazards associated with substantially increased pesticide use pesticides are minimized. The procurement of and subsequent increase in health and pesticides in a Bank-financed project is contingent on environmental risks; and projects that an assessment of the nature and degree of associated may maintain or expand present pest risk, taking into account the proposed use and the management practices that are intended user. unsustainable. Under ESSP I, activities requiring the use of pesticides will not be funded. OP 4.11 This policy aims at assisting in the preservation of This policy is triggered by projects Cultural cultural property (sites that have archaeological which, prima facie, entail the risk of Property (prehistoric), paleontological, historical, religious, and damaging cultural property (i.e. any unique natural values - this includes remains left by project that includes large scale previous human inhabitants (such as middens, shrines, excavations, movement of earth, and battlegrounds) and unique environmental features surficial environmental changes or such as canyons and waterfalls), as well as in the dennolition). protection and enhancement of cultural properties encountered in Bank-financed projects. Under ESSP I, construction and rehabilitation activities that might have negative impacts on cultural _property will not be funded. OD 4.20 This policy aims at ensuring that the development This policy is triggered if there are Indigenous process fosters full respect for the dignity, human indigenous peoples in the project Peoples rights and cultural uniqueness of indigenous peoples; area; when potential adverse impacts that they do not suffer adverse effects during the on indigenous peoples are anticipated; development process; and that indigenous peoples and if indigenous peoples are among receive culturally compatible social and economic the intended beneficiaries. benefits. Under ESSP I, construction and rehabilitation activities that might have negative impacts on indigenous peoples will not be funded. OP 4.12 The objective of this policy is avoid or minimize This; policy is triggered not only if Involuntary involuntary resettlement where feasible, exploring all physical relocation occurs, but also by Resettlement viable alternative project designs. Furthermore, it any loss of land resulting in: intends to assist displaced persons in improving their relocation or loss of shelter; loss of former living standards; it encourages community assets or access to assets; loss of participation in planning and implementing income sources or means of resettlement; and to provide assistance to affected livelihood, whether or not the affected people, regardless of the legality of title of land. people must move to another location. 50 Under ESSP I, a Resettlement Policy Framework (RPF) has been prepared which will serve as guidance for the preparation of a RAP should land acquisition be required. OP 4.37 Safety This policy focuses on new and existing dams. In the This policy is triggered if the project of Dams case of new dams, the policy aims at ensuring that involves the construction of a large experienced and competent professionals design and dam (15 m or higher) or a high hazard supervise construction; the Borrower adopts and dam; if a project is dependent on an implements dam safety measures for the dam and existing dam, or a dam under associated works. In the case of existing dams, the construction. For small dams, generic policy ensures that any dam upon which the dam safety measures designed by performance of the project relies is identified, a dam qualified engineers are usually safety assessment is carried out, and necessary adequate. additional dam safety measures and remedial work are implemented. The policy also recommends the Under ESSP I, there will be no preparation of a generic dam safety analysis for small funding for the construction of any dams. dams. OP 7.50 Projects The objective of this policy is to ensure that Bank- This policy is triggered if any river, in International financed projects affecting international waterways canal, lake or similar body of water Waters would not affect: (i) relations between the Bank and that forms a boundary between, or its Borrowers and between states (whether members any river or body of surface water that of the Bank or not); and (ii) the efficient utilization flows through two or more states; any and protection of international waterways. tributary; or any bay, gulf straight or channel bounded by two or more states are affected. Under ESSP I, construction and rehabilitation activities that could have an impact on international waterways will not be funded. OP 7.60 Projects This policy ensures that projects in disputed areas are This policy will be triggered if the in Disputed dealt with at the earliest possible stage: (a) so as not to proposed project will be in a Areas affect relations between the Bank and its member "disputed area"; if the Borrower(s) countries; (b) so as not to affect relations between the is/are involved in any disputes over Borrower and neighboring countries or other an area with any of its neighbors; and claimants; and (c) so as not to prejudice the position if there is a chance that any of either the Bank or the countries concerned. component or sub-component financed or likely to be financed as part of the project is situated in a disputed area. Under ESSP I, construction and rehabilitation activities will not take I_________________ I__________________________________I________________ place in disputed areas. 51