SFG3632 DRAFT Forests OP/BP 4.36 of Nepal Livestock Sector Innovation Project (NLSIP) Ministry of Livestock Development (MoLD) Singh Durbar, Kathmandu March, 2017 A Executive Summary Nepal is ranked one of the economically poorest countries in the world with per capita income of USD 762. It has wide agriculture potential that can address livelihood of rural communities and offer sustainable development pathways to improve rural lives. One of the ways to improve rural livelihood is by appropriate, adequate and effective intervention and engagement in livestock activities to achieve intended outcomes in local and national level as highlighted in the Nepal Livestock Sector Innovation Project (NLSIP). The World Bank supported NLSIP to be implemented through Ministry of Livestock Development (MoLD) is at the inception level for intervention. The objectives of NLSIP is to increase productivity, enhance value addition, and improve resilience of smallholder farms and agro-processing enterprises in selected livestock value chains in Nepal in three ecological and altitudinal zones. The characteristically different ecological zones offers varied livestock opportunities with specific socio-ecological concerns and need for conservation on the intended goals of intervention. The Ministry of Livestock Development (MOLD) is required to comply with policies, guidelines, and legislations of the Government of Nepal and include operational policies, principles and best practices of World Bank (WB) during the implementation of Nepal Livestock Sector Innovation Project (NLSIP). The text in detail summarizes key specific and overarching contexts relevant to livestock. The NLSIP can offer communities and the local environment benefits from integration of practical technologies such as rain water harvesting, biogas and converting waste to energy. The compliance with exiting livestock and other relevant laws prior to the implementation can enhance environmental and social benefits to the community. The establishment and reinforcement of policy and regulatory framework strengthen livestock sector while supporting MoLD and its agencies in developing capacity for strategic sector planning. The project will support the development and implementation of the livestock- relevant sections of the Local Adaption Program of Action (LAPA) under National Adaptation Program of Action (NAPA). The project intends to create awareness to environmental and social concerns through the integration of environmental and social concerns in project cycle including ESMP, RAP, GESI and VDCP and other relevant safeguards planning tools and instruments. The promotion of community-based approach to a productive, comprehensive management of rangelands and pastures takes into account evolving carrying capacity of livestock in fragile environments slowly adapting to changing climate. The creation of better and hygienic environment for livestock and subsequently livestock products will have better environmental practices and market accessibility. In the hindsight, animal waste is a concern of management because livestock industries emit large amount of carbon dioxide, methane, and other greenhouse gases. The land used for animal grazing, as well as the land that goes to specialized crop production for livestock animal diets causes deforestation. Feed production also requires intensive use of water for animal feed, fertilizer, pesticides, and fossil fuels. Livestock are expected to be the main inland source of phosphorous and nitrogen contamination, contributing to biodiversity loss. Furthermore, the effect of pathogens and harmful substances transmitted by livestock is a community health concern. Other adverse impacts might be gender and social exclusion and low level of participation and involvement of vulnerable communities and their representatives in key decision-makings. . B Based on the pros and cons of the project intervention, policy provisions as specific measures to address interest, livelihood, culture and tradition, and customary rights of indigenous people are key aspects of the project to be integrated in NLSIP. The Indigenous People Development Plan (including Dalit and women issues) will adopt strategies geared towards inclusion, greater participation, capacity building along with specific measures. In order to guide the planning and implementation of site specific sub-projects, this Environmental and Social Management Framework (ESMF) has been prepared at the Ministry level. The ESMF facilitates assessment of adverse impacts of the project to individuals and communities. The ESMF also serves as a guideline and sets out principals, rules and procedures to screen, assess, manage and monitor the mitigation measures of environmental and social impacts and their mitigation. The environmental and social impacts refer to (i) any change, potential or actual, to the physical, natural or cultural environment, and (ii) impact on people (including social aspects of labor, health, safety, equity and security) resulting from the project implementation. The smallholder dairy and goat farmers and women are the primary beneficiaries where small and medium level agro-entrepreneurs can benefit and play a major role in facilitation. The human resources at various levels can benefit from the comprehensive capacity building and skill development components. The MoLD selected intervention sites in districts are based on value chain of pashmina, goat and dairy. The expected site specific environmental, social and cultural impacts are diverse based on currently identified activities. Since project activities evolve over time, exact nature and scale of their impacts is unknown. This ESMF forms part of the comprehensive environmental and social management approach that is adopted for addressing potential environmental and social impacts from NLSIP. The ESMF defines (a) the approach for identifying the environmental and social issues associated with the NLSIP activities, (b) the requirements for conducting environmental and social screening and environment and social assessment studies, and (c) measures to prevent, mitigate and manage adverse impacts and enhance positive ones. It includes exclusion list and a simplified screening checklist used to determine types of environmental and social assessment required for proposed initiatives, resettlement policy framework describing mechanisms for addressing potential disruptions of services, employment and income (e.g., temporary or permanent displacement of affected peoples/informal vendors, loss of business or commercial sites etc), and temporary and permanent restrictions on access to facilities, including land use while the construction work is ongoing in the project area. Furthermore, it includes vulnerable community development planning framework, a gender development framework, and capacity building measures and a monitoring mechanism. The ESMF preparation is grounded on methodology on objectives of project with rooms for revisions and modification based on beneficial and adverse impacts rendered by NLSIP. C Abbreviations APP Agriculture Perspective Plan ABPP Agro Business Promotion Policy BHC benzene hexachloride CFUG Community Forest User's Group CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora DADO District Agriculture Development Office DAO District Administration Office DC Developing Country DDT Dichlorodiphenyltrichloroethane DFO District Forest Office DLSO District Livestock Services Office DMS Detailed Measurement Survey DPD Deputy Project Director DPR Detail Project Report ECP Environment Code of Practice EIA Environmental Impacts Assessment EMP Environmental Management Plan EMP Environmental Management Plans ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plans FAO Food and Agriculture Organizations FMD Foot and Mouth Disease GESI Gender Equality and Social Inclusion GLOF Glacial Lake Outburst Flood GoN Government of Nepal GRC Grievances Redress Committee IEE Initial Environmental Examination ILO International Labor Organization ILRI International Livestock Research Institute INDC Intended Nationally Determined Contributions IPs Indigenous People IPs Indigenous Peoples IPVCDP Indigenous People/Vulnerable Community Development Plan IR Involuntary Resettlement D IR Involuntary Resettlement KMC Kathmandu Metropolitan City LACFC Land Acquisition Compensation Fixation Committee LAPA Local Adaptation Plans for Action LDC Least Development Country LRA Land Reform Act M&E Monitoring and Evaluation MoPE Ministry of Population and Environment MOLD Ministry of Livestock Development MoHPP Ministry of Housing and Physical Planning now NAP National Adaptation Plan NAPA National Adaptation Program of Action NGO Non Governmental Organizations NLSIP Nepal Livestock Sector Innovation Project OP Operational Policies PAF Project Affected Families PAP Project Affected Persons PI Participating Institutions PIU Project Implementation Unit PMP Pest Management Plan PPR Peste des PetitsRuminantes RAP Resettlement Action Plan RDLS Regional Directorate of Livestock Services RPF Resettlement Policy Framework SAP Social Action Plans SES Socio Ecological System SIA Social Impact Assessment ToR Terms of Reference TYIP Three Year Interim Plan UN United Nations UNDRIP United Nations Declaration of Rights of Indigenous People VCDP Vulnerable Communities Development WB World Bank E TABLE OF CONTENTS EXECUTIVE SUMMARY CHAPTER 1: PROJECT OVERVIEW ............................................................................. 10 1.1 COUNTRY CONTEXT ...................................................................................................................... 10 1.2 PROJECT DEVELOPMENT OBJECTIVES ............................................................................................ 11 1.3 PROJECT BENEFICIARIES ............................................................................................................... 11 1.4 PROJECT COMPONENTS INCLUDING INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENT ................. 11 1.5 RATIONALE OF ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK ............................................ 16 1.6 PROCESS ADOPTED FOR PREPARING THE ESMF ............................................................................ 17 1.7 OBJECTIVES OF ESMF .................................................................................................................. 17 1.7 REVISION/MODIFICATION OF THE ESMF ......................................................................................... 18 1.8 LIMITATIONS OF THE ESMF ........................................................................................................... 19 1.9 METHODOLOGY FOR PREPARING ESMF ......................................................................................... 19 2.1 INTRODUCTION ............................................................................................................................. 20 2.2 DEMOGRAPHICS............................................................................................................................ 21 2.3 CHARACTERISTICS OF HIGHHILLS (MOUNTAINS) .............................................................................. 24 2.4 KEY SOCIO-ECOLOGICAL CONCERNS .............................................................................................. 25 2.5 NEED FOR CONSERVATION ............................................................................................................ 32 2.6 CHARACTERISTICS OF MIDHILLS (PAHAD) ....................................................................................... 32 2.7 KEY SOCIO-ECOLOGICAL CONCERNS .............................................................................................. 33 2.8 NEED FOR CONSERVATION ............................................................................................................ 33 2.9 CHARACTERISTICS OF FLAT PLAINS (TERAI) .................................................................................... 34 3.10 KEY SOCIO-ECOLOGICAL CONCERNS .............................................................................................. 34 3.11 NEED FOR CONSERVATION ............................................................................................................ 35 3.12 SUSTAINABLE DEVELOPMENT AGENDA OF NEPAL ............................................................................ 35 3.13 HOW DO WE ADDRESS THEM? ........................................................................................................ 35 3.14 SUMMARY OF ENVIRONMENTAL AND LIVESTOCK CONCERN .............................................................. 36 CHAPTER 3: PLAN, POLICIES, LEGISLATIONS, GUIDELINES, DIRECTIVES RELEVANT TO NLSIP .................................................................................................... 39 3.1 APPLICABLE WB POLICIES ............................................................................................................. 47 3.1.1 Environmental Assessment (OP/BP 4.01) .............................................................................. 48 3.1.2 Physical Cultural Resources (OP/BP 4.11) ............................................................................. 48 3.1.3 Indigenous People (OP/BP 4.10) ............................................................................................ 49 3.1.4 Involuntary Resettlement (OP/BP 4.12) .................................................................................. 49 3.1.5 Forestry (OP 4.36) .................................................................................................................. 49 3.1.6 Policy Features GoN and the WB ........................................................................................... 51 CHAPTER 4: IMPACT AND ASSESSMENT FRAMEWORK......................................... 54 F 4.1.2. LIKELY ADVERSE IMPACTS OF NLSIP ............................................................................................... 55 4.3. PROCESS FOR MANAGING ENVIRONMENTAL IMPACTS ........................................................................... 60 4.4. PEST MANAGEMENT PLAN .................................................................................................................. 62 4.5. PROCESS FOR MANAGING OVER-ALL SOCIAL IMPACTS OF NLSIP .......................................................... 64 4.6. SOCIAL IMPACT ASSESSMENT (SIA) .................................................................................................... 66 4.7. SCOPE OF RESETTLEMENT ACTION PLAN ............................................................................................. 66 4.7.1. PREPARATION OF RESETTLEMENT ACTION PLAN (RAP) ..................................................................... 67 4.7.2. SUB-PROJECT APPROVAL ................................................................................................................ 68 4.8. ESMF IMPLEMENTATION ARRANGEMENT ............................................................................................. 68 4.9. TECHNICAL SUPPORT FOR IMPLEMENTING ENVIRONMENTAL AND SOCIAL SAFEGUARD MEASURES IN NLSIP ...... 69 5.1 RESETTLEMENT POLICY FRAMEWORK............................................................................................. 71 5.2 KEY POLICY NORMS AND PRINCIPLES ............................................................................................. 71 5.3 SOCIAL SCREENING AND CATEGORIZATION OF IMPACTS ON INVOLUNTARY RESETTLEMENT (IR) .......... 76 5.4 ENTITLEMENT FOR VARIOUS LOSSES .............................................................................................. 76 5.5 INDIGENOUS PEOPLE AND VULNERABLE COMMUNITIES DEVELOPMENT (IPVCDP) FRAMEWORK FOR NLSIP ... 81 5.6 STEPS FOR VCDP PREPARATION ................................................................................................... 82 5.7 RELEVANT POLICIES ON IPS AND OTHER VULNERABLE COMMUNITIES ............................................... 82 5.8 SCREENING AND CATEGORIZATION OF IMPACTS ON IPS AND VULNERABLE COMMUNITIES FOR NLSIP . 83 5.9 SPECIFIC MEASURES..................................................................................................................... 84 5.10 FRAMEWORK FOR DEVELOPING GENDER ACTION PLAN.................................................................... 85 5.11 GENERAL CHECKLIST .................................................................................................................... 85 CHAPTER 6: PROJECT ADMINISTRATIVE STRUCTURE, MANAGEMENT AND IMPLEMENTATION ......................................................................................................... 88 6.1 FORMATION OF PIU AT CENTRAL AND DISTRICT LEVEL OFFICER....................................................... 88 6.2 TECHNICAL SUPPORT FOR IMPLEMENTING ENVIRONMENTAL AND SOCIAL SAFEGUARD MEASURES ...... 90 6.3 ESMF COMPLIANCE DURING SUBPROJECT SUBMISSION AND APPROVAL PROCESS ............................ 91 6.4 TENTATIVE BUDGET FOR ESMF IMPLEMENTATION FOR NLSIP ............................................................... 92 6.5. PROJECTIVE ACTIVITIES SCHEDULE (PLEASE REFER EXCEL FILE) ......................................................... 93 CHAPTER 7: CONSULTATION, COMMUNICATION, INFORMATION DISSEMINATION, ............................................................................................................ 94 GRIEVANCE REDRESS ................................................................................................. 94 7.1 PUBLIC CONSULTATION ................................................................................................................. 94 7.2 CONSULTATIONS DURING PREPARATION OF ESMF ................................................................................ 95 7.3 GRIEVANCES REDRESS MECHANISM............................................................................................... 95 7.4 INFORMATION DISCLOSURE AND DISSEMINATION ............................................................................. 97 CHAPTER 8: MONITORING AND REPORTING ............................................................ 99 G 8.1 MONITORING ................................................................................................................................ 99 8.2 RESPONSIBILITY OF MONITORING ................................................................................................... 99 8.2.1 Proposed Monitoring Framework for NLSIP ............................................................................ 99 8.2.3 Contractors Compliance on ESMF ........................................................................................ 100 CHAPTER 9: CAPACITY BUILDING ............................................................................ 102 9.1 TRAINING ................................................................................................................................... 102 9.2 FOR CENTRAL AND REGIONAL LEVEL STAFF OF NLSIP .................................................................. 102 9.2.1 Training on Social Assessment, Appraisal and Management............................................ 102 9.2.2 Training on Preparing Communication Strategies ............................................................. 103 9.2.3 Capacity Building Measures Proposed for NLSIP Stakeholders .............................................. 103 ANNEX 1 ........................................................................................................................ 105 GENERIC STANDARDS, TOLERANCE LIMITS FOR INDUSTRIAL EFFLUENT DISCHARGED INTO PUBLIC SEWERS 105 AIR QUALITY STANDARDS......................................................................................... 106 NATIONAL AMBIENT AIR QUALITY STANDARDS FOR NEPAL ....................................................................... 106 NATIONAL DRINKING WATER QUALITY STANDARDS ........................................... 108 GENERIC STANDARDS, TOLERANCE LIMITS FOR WASTEWATER DISCHARGED INTO INLAND SURFACE WATER FROM COMBINED WASTE WATER TREATMENT PLANT ............................................................................... 109 NEPAL VEHICLE MASS EMISSION STANDARD FOR GASOLINE & DIESEL OPERATED VEHICLES, 2056 (1999).. 110 LEGAL FRAMEWORK FOR AQMS IN NEPAL .............................................................................................. 110 NATIONAL INDOOR AIR QUALITY STANDARDS, 2009 ................................................................................. 111 EMISSION LIMITS FOR IMPORTED AND OPERATED DIESEL GENERATORS, 2069 BS (2012) ........................... 111 ANNEX 4 ........................................................................................................................ 120 ENVIRONMENTAL AND SOCIAL ISSUES TO BE CHECKED/VERIFIED DURING PROJECT PLANNING AND IDENTIFICATION PHASE .............................................. 120 ANNEX5 ......................................................................................................................... 121 ENVIRONMENTAL AND SOCIAL SCREENING/CHECKLIST .................................... 121 ANNEX 6 ........................................................................................................................ 123 CRITERIA FOR NEGATIVE LISTING RELATED OR LINKED WITH NLSIP .............. 123 ANNEX 7 ........................................................................................................................ 124 PROJECT ENVIRONMENTAL MANAGEMENT PLAN ............................................... 124 SAMPLE ESMP OF A CONSTRUCTION/MINOR CONSTRUCTION WORK ............. 125 H ANNEX 9 ........................................................................................................................ 127 ENVIRONMENTAL CODE OF BEST PRACTICES FOR SUB PROJECTS/ACTIVITIES UNDER NLSIP ............................................................................................................... 127 ANNEX 10 .............................................................................................................................................. 129 IPS &VULNERABLE GROUPS IMPACT SCREENING & CATEGORIZATION FORM ........................................................................................................................................ 129 I CHAPTER 1: PROJECT OVERVIEW 1.1 Country Context Nepal is ranked one of the economically poorest countries in the world with per capita income of US$ 762. More than eighty percent people live in rural areas and sixty six percent are engaged in agricultural activities. Industrial activities involve processing of agricultural products--dairy, meat, legumes, jute, sugarcane, tobacco, and grain. Agricultural development is therefore important aspect of Nepal’s economy at present and future livelihood context of rural communities. The poverty rate in Nepal is reduced from 42 percent in 1995/96 to 21 percent in 2015. This reduction took place overwhelmingly in urban and peri-urban areas suggesting poverty reductions in rural areas are not appropriately and adequately addressed. Approximately thirty seven percent people in rural Midhills area below the poverty line. The national average is 25.2 percent12. The Gorkha Earthquake of April 25, 2015 resulted into more than 9000 loss of life and destruction of built environment. Rural areas were affected with crop loss and storage facilities (ICIMOD3 2016). A post-disaster need assessment of 2015 reported that loss in livestock was approximately USD 26 million and USD 85 million in livestock rearing facilities. In combination with weak agricultural performance of 2014, the earthquake reduced economic performance to 3.4 percent in 2015, two percent lower than the previous year. In 2016 it was projected to be at 1.7 percent mainly because of political instabilities after the promulgation of new constitution in September 2015 and subsequent dispute with bordering country of India also disrupted supply of agriculture inputs. All agricultural policies (including Agriculture Development Strategy) and sustainable development objective is to improve rural lives by positive intervention. One of the ways to achieve improved livelihood is by engaging in livestock related activities. By appropriate, adequate and effective intervention, engagement in livestock activities can achieve intended outcomes in local and national level as highlighted in the NLSIP. The WB supported NLSIP is to be implemented through Ministry of Livestock Development (MoLD). The project will be implemented in selected locations in Nepal (Figure 1). The project contains four major components of strengthening critical regulatory and institutional capacity, promoting sector innovation and modernizing services delivery, promoting smallholder inclusive value chains for selected livestock, and project management and knowledge generation. In order to help planning and implementation of the sub-projects, this Environmental and Social Management Framework (ESMF) is being prepared at the Ministry level. It is a planning document to assess adverse impacts of the project to individuals and communities. The ESMF serves as a guideline and sets out principals, rules and procedures to screen, assess, manage and monitor the mitigation measures of environmental and social impacts. The environmental and social impacts refer to (i) any change, potential or actual, to the physical, natural or cultural environment, and (ii) impact 1 Central Bureau of Statistics, Nepal Living Standard Survey, Volume II, Kathmandu. 2 https://www.adb.org/countries/nepal/poverty 3http://lib.icimod.org/record/31937/files/icimod-2015-Earthquake-InducedGeohazards.pdf 10 on people (including social aspects of labor, health, safety, equity and security) resulting from the project implementation. 1.2 Project Development Objectives The objectives of NLSIP are to increase productivity, enhance value addition, and improve resilience of smallholder farms and agro-processing enterprises in selected livestock value chains in Nepal. 1.3 Project Beneficiaries The primary project beneficiaries will be smallholder dairy and goat farmers with a potential for market and production in selected districts. The important role women play in animal husbandry offers them opportunity to be represented as primary beneficiaries. Other direct beneficiaries of the project include small and medium level agro-entrepreneurs having knowledge and understanding of backward and forward linkages in selected value chains. The human resources in Ministry of Livestock Development (MoLD) and its district level representatives can benefit from the comprehensive capacity building and skill development components of the project 1.4 Project Components Including Institutional and Implementation Arrangement The implementing agency for the NLSIP is MOLD. A Project Implementation Unit (PIU) will be established at MOLD. A project director is appointed and the PMT will be staffed with necessary technical and procurement officials. MoLD selected intervention sites in districts based on value chain of pashmina, goat, dairy (Figure 1 and Table 1). Table 2 indicates components under NLSIP and relevant environmental and social Implications. 11 Figure 1. NLSIP Intervention Sites Table 1.Value chain of pashmina, goat and dairy in selective districts, development regions and ecological zones. Districts Pashmina Bajura, Dolpa, Mustang Goat Jumla, Jajarkot, Myagdi, Palpa, Syanja, Nuwakot, Udayapur, Khotang, Bhojpur, Dhankuta, Sankhuwasabha Dairy Kailali, Baglung, Kaski, Tanahu, Nawalparasi, Rupandehi, Chitwan, Makawanpur, Kathmandu, Kavrepalanchowk, Dhanusa, Siraha, Saptari, Sunsari, Morang, Jhapa, Ilam Eastern Highhills Sankhuwasabha Development Midhills Ilam, Bhojpur, Dhankuta, Khotang Region Tarai Jhapa, Morang, Sunsari, Saptari , Siraha, Udayapur Central Highhills N/A Development Midhills Kathmandu, Kavrepalanchowk, Nuwakot, Region Tarai Dhanusa, Chitwan, Makawanpur Highhills Mustang Midhills Tanahu, Syanja, Kaski, Palpa, Baglung, Myagdi 12 Western Tarai Nawalparasi, Rupandehi, Development Region Mid-Western Highhills Dolpa, Jumla, Development Midhills Jajarkot, Region Tarai N/A Far-Western Highhills Bajura Development Midhills N/A Region Tarai Kailali Table2.Components under NLSIP and Environmental and Social Implications Component 1. Strengthening Critical Regulatory and Institutional Capacity Application of Environmental Output Activities Remarks and Social Safeguard Livestock Master Review of current plans Incorporation of Plan; Livestock and relevant environmental and Breeding Policy; documents/strategies and social safeguard Veterinary Drug national priorities aspects in Plan, Act; Food Safety Review of available acts Policies, Act, Acts; Updated Standards, Formation of task forces Slaughter house Directives as and meat Identify and secure applicable inspection act; One consultants (ILRI, FAO, Health Strategy etc.) Preparation of the drafts/documents Consultation meetings, sharing and validation Strengthen Staff training for capacity Environmental and veterinary statutory building. social safeguard body Revision of Veterinary component should Council Act and Rules be an integral part of training Strengthen Lab accreditation Laboratory must Lab Safety veterinary Lab equipment support meet environmental Guidelines" laboratories standards and Occupational Capacity building requirements. The Safety and Health trainings to the laboratory details are included Administration staff in this report in US Department of annex 11. Vet Labor OSHA laboratories must 3404-11R, 2011. have •Diseases prevention, surveillance and control plan 13 Component 1. Strengthening Critical Regulatory and Institutional Capacity Application of Environmental Output Activities Remarks and Social Safeguard •Certification for trade of live animals and products of animal origin Institutional Capacity Needs Activity 1-4: Capacity Assessment Incorporate Development Higher studies for DLS environment and officers Masters, PhD) social safeguard aspects in training. Capacity building training for DLS officers Activity 4-7, environmental and Building epidemiology social and laboratory network requirements shall (Two way/Four way be met. linking) Strengthen animal quarantine Establishment of molecular biology laboratory Strengthening of district, regional and central epidemiology units/center Support Support FMD vaccine Environmental and progressive control production. social safeguard of Foot and Mouth Strengthen Central standards Disease (FMD) and Biological Production triggered, details Peste des laboratory for PPR elaborated in PetitsRuminantes vaccine production section (PPR) Vaccine quality assurance (PPR) Formulate/Update the PPR control plan Non-structural Protein profile survey for FMD Feasibility study for zonation for the control of PPR/FMD Animal Identification Formulation of surveillance plans for major TADs and zoonotic 14 Component 1. Strengthening Critical Regulatory and Institutional Capacity Application of Environmental Output Activities Remarks and Social Safeguard diseases using integrated approach Procurement of vaccines against FMD Component 2. Promoting Sector Innovation and Modernizing Services Delivery Increased Strengthen Livestock Requirement to production of milk Breeding Centers in the address Safeguards needs and meat country environmental and will be assessed Animal evaluation social safeguard and complied at requirements subproject level Herd improvement (based on nature Shed and Manure of project) management for hygienic production Forage development Herd health management program Establishment of milk chilling center Development of Live Animal Market, Wet Market and Collection centers Demonstration of improved technology Action research Linking goat farmers to central “khasi bazaar� (Goat market) Cooperative marketing Linkage with NARC and research institute Farmer’s training and extension services Diagnostics services for private sector Strengthening of Physical infrastructure Activities requires front line extension including field diagnostic Compliance with services and facilities development for environmental and access to inputs the service centers, social safeguard DLSO offices requirements 15 Component 1. Strengthening Critical Regulatory and Institutional Capacity Application of Environmental Output Activities Remarks and Social Safeguard Development of ICT based livestock extension services Provide vehicles/motorcycles for Frontline worker. Capacity building of frontline extension workers Training and engagement of private veterinarians and paraprofessionals in disease management and surveillance of different diseases Climate smart Compendium of best Suggested Safeguards plans livestock practices practices integration of e.g.ESMP/IEE/EIA initiated and Competitive grant to environmental and will be determined research supported universities or NARC social aspects and prepared scientists for research on based on climate smart technology subproject types, nature and size. Cold chain establishment in the service centers and district offices Component 3. Promoting Smallholder-inclusive Value Chains for Selected livestock Commodities Increased income Access of farmers to Activity 4 requires from goat and dairy business advisory environmental and through integration services social safeguard into livestock value Establish linkage between understandings, chain and services farmers and MFIs/banks activity 5 requires EIA study Promotion of livestock insurance for wider coverage Promotion of product diversification Establishment of milk powder plant 1.5 Rationale of Environment and Social Management Framework The expected site specific environmental, social and cultural impacts are diverse based on currently identified activities. Since project activities evolve over time, exact nature and scale of their impacts is unknown. In general, subproject activities under NLSIP 16 components needs undergo ESMF screening and followed by further planning and documentation processes. The screening and planning requirements are elaborated in ESMF and available for use by stakeholders seeking supports and services under the project. In the above context, a safeguard framework document is needed to ‘guide’ the planning, design and construction elements of the project activities. Such framework could help integrate and harmonize the environment and social management principles at various stages of project preparation and execution. This ESMF forms part of the comprehensive environmental and social management approach that is adopted for addressing potential environmental and social impacts from NLSIP, even when considered as minor effects. Since specific NLSIP activities will only be identified in the course of project implementation, a mechanism for screening and assessing possible adverse short-term environmental and social impacts during subproject preparation is mandatory. This ESMF defines (a) the approach for identifying the environmental and social issues associated with the NLSIP activities, (b) the requirements for conducting environmental and social screening and environment and social assessment studies, and (c) measures to prevent, mitigate and manage adverse impacts and enhance positive ones. This ESMF includes an exclusion list and a simplified screening checklist, which will be used to determine what types of environmental and social assessment are required for the proposed initiatives. Accordingly, Environmental Management Plans/Social Action Plans (EMP/SAP) for specific initiatives will be prepared as required. This ESMF also includes a resettlement policy framework describing mechanisms for addressing the potential disruptions of services, employment and income (e.g., temporary or permanent displacement of affected peoples/informal vendors, loss of business or commercial sites etc), and temporary and permanent restrictions on access to facilities, including land use while the construction work is ongoing in the project area. The ESMF includes a vulnerable community development plan, a gender development framework, and capacity building measures and a monitoring mechanism. 1.6 Process Adopted for Preparing the ESMF The process adopted for the preparation of this ESMF includes review of project specific documents, relevant environmental and social policies, acts, regulations and guidelines of GON, safeguard policies of WB, and interactions and consultation workshops with the stakeholders. The purpose of the consultation is to disseminate the NLSIP related information including the draft ESMF and obtain concerns and suggestions to NLSIP. Therefore, this ESMF is primarily based on the reviews of available relevant literatures and consultations with the sample project level stakeholders. 1.7 Objectives of ESMF a. Establish clear procedures and methodologies for screening, reviewing and managing environmental and social safeguards for the sub-projects/projects to be supported under the NLSIP. b. Consolidate and facilitate understanding of all essential policies and regulations of the GoN as well as the WB’s environmental and social safeguards regime that are applicable to the project c. Provide practical guidance on the implementation of the environmental and social management measures. 17 d. Specify norms and procedures for the conservation and restoration of historic and archeological objects for dealing with chance finds during works. e. Specify institutional arrangements, including training and capacity buildings, appropriate roles and responsibilities for managing, reporting and monitoring environmental and social concerns of the NLSIP component investments. f. Provide a framework for consultation and information disclosure. The application and implementation of the ESMF therefore addresses the following. a. Support the integration of environmental and social considerations into the decision making process at all stages related to planning, design, execution, operation and maintenance of NLSIP investments, by identifying, avoiding and/or minimizing adverse environmental impacts early-on in the project cycle. b. Minimize environmental degradation to the extent possible resulting from either directly NLSIP component activities or through indirect, induced and cumulative effects of project activities. c. Enhance the positive/sustainable environmental and social outcomes through improved/appropriate planning, design and implementation of sub-project activities of the project components. d. Consider the level of environmental and social risk of each type of NLSIP component activates in allocating time and resources to be dedicated for stakeholder consultation. e. Build the capacity of the MOLD to take-up and coordinate responsibilities related to the application and implementation of the ESMF, including the preparation of the NLSIP Component specific Environmental Assessment and Management Plans (if required). f. Provide guidelines and procedures for further consultations during project implementation, in particular in defining and designing NLSIP component specific works. g. Provide a systematic guidance to address potential risks and to enhance quality, targeting, and benefits to the surrounding communities. h. Ensure that those stakeholders, irrespective of whether they benefit from or are adversely affected by the project interventions, are well informed and are able to participate in the decision-making process. i. Support compliance with applicable legal/regulatory requirements of GoN as well as with the requirements set forth in the relevant Bank policies. 1.7 Revision/Modification of the ESMF The ESMF will be a ‘live document’ enabling revision when necessary. Unexpected situations and/or changes in the project or components design would therefore be assessed and appropriate management measures will be incorporated by updating this ESMF. Such revisions will also cover and update any change/modification introduced in the legal/regulatory regime of the country. Also, based on the experience of application and implementation of this framework, the provisions and procedures would be updated, as appropriate, in agreement with the World Bank and the MOLD. The main outputs of ESMF are the following. a. To determine environmental and social issues associated with the program activities. b. To conduct an environmental and social screening of the sample proposed sites to be supported by the project, identify potential environmental impacts associated and recommend measures to mitigate impacts. 18 c. To carry out an analysis of various stake holders associated with the project, identify their concerns with regard to environmental and social aspects and especially of indigenous and other vulnerable community members, and recommend measures to mainstream these aspects into the project. Based on the analysis of above steps develop a framework for the project, to ensure that environmental and issues are effectively addressed in project design and implementation as the following. a. ESMF as per Bank’s OP 4.01and Government of Nepal’s legal and regulatory framework. b. Preparation of Vulnerable Community Development Framework in accordance with Bank’s OP 4.10 and the Government’s legal and regulatory framework. c. Assessment and preparation of Resettlement Policy Framework in accordance with Bank’s OP 4.12 and the Government’s legal and regulatory framework. d. Develop frameworks for consultation, institutional arrangements and M&E framework. 1.8 Limitations of the ESMF This ESMF has been developed in line with WB’s Operational Policies (OPs) and is in harmony with GoN laws and regulations, as applicable at the time of preparation of this document. Any proposed modifications in the laws, regulations or guidelines that were notified as ‘draft’ at the time of preparation of this document have not been considered. The ESMF is prepared based on the available data and information and any gaps or information obtained in later phases shall be incorporated at revision stage. 1.9 Methodology for Preparing ESMF The ESMF is prepared by using both primary and secondary sources of information. Regarding the secondary source of information, relevant plan, policies, legislations, guidelines were reviewed. Similarly, the project concept note of NLSIP, NLSIP briefs prepared by MoLD was also reviewed. The primary information was collected by field visits, direct interview with the project director, WB officials, consultations with experts and stakeholders at 3 clusters namely Pokhara, Biratnagar, and Kathmandu. The outcomes of workshop as applicable have been incorporated in relevant sections of the ESMF. 19 CHAPTER 2: SUMMARY OF BIOPHYSICAL, SOCIO-ECONOMIC BASELINE OF PROJECT AFFECTED PEOPLE IN PROJECT AREAS 2.1 Introduction Nepal is a physiographically and socio-culturally diverse country interwoven by it sense of spirituality, ecological values and geographical realities. The altitude range from flat plains as low as less than 100m to 8848m (Mt. Everest). Nepal borders two industrially developed and largest economies of the world, China in the north and India in the south. The country is divided geographically into three layers called the Highhills (mountain), Midhills and flat plains called the Terai4. Three geographic regions (Highhills, Midhills and Terai) correspond to three main altitudes (Figure2). Source: UNDP-Nepal5 Figure 2. Three EcologicalZones of Nepal The Highhills (Mountain) cover 35 percent of the total land above 2,000m elevation and includes seven of the eight highest peaks in the world. It is a sparsely populated with subalpine and alpine climatic regime. The Midhills cover 42 percent of total land between 500m to 2000m altitude. It is densely populated region in valleys with temperate climate. The Tarai (Flat Plains) covers 23 percent of the total land with densely populated areas in 5 un.org.no/node/10274 20 subtropical and tropical climatic regime at a 60 to 500m elevation. The Terai region of Nepal shares open border with neighboring country India. The distinct geographic regions are also further divided into five physiographic regions (Table 3). The remarkable climatic differences in the country mainly due to variations in altitude between Himalayan range to the flat plains of Terai. Most of the human settlements are in the Terai and Midhills. The Highhills are also used for grazing transhumant livestock and natural resources uses for domestic need and commercial purposes. Table 3.Detailed of Altitudinal Variations. Regions Altitude Area Topographical feature Climate Mean 2 (m) (km ) T- Terai 60–500 21,104 Flat land with slope Hot monsoon >20 (14.3%) gradients from 0.2% to 1% and mostly °C tropical Siwalik 500– 18,858 Consisting of Dun valleys, Hot monsoon >20 1,000 (12.8%) about 25%; gradient < 300 and mostly °C m and rarely > 1000 m subtropical (75%) Middle 1,000– 44,436 Tropical valleys and Sub-tropical 15– Mountains 2,000 (30.1%) elevated plains, about 6%; to warm 20 °C relief up to 1000 m is temperate common, maximum up to monsoon 2,000– 2000 m (94%) Cool 3,000 temperate monsoon High 3,000– 29,594 Sub-tropical–temperate Sub-alpine 10– Mountains 4,000 (20.1%) valleys, about 10%; 15 °C 4,000– average relief 2000 m Alpine 5,000 High Above 33,492 Dry Trans-Himalayan area Tundra type ˂ 10 Himalaya 5,000 (22.7%) and arctic The geographical challenges posed by rugged mountainous makes transportation and communication difficult, expensive and time consuming. The remote districts also bear the brunt of additional transport cost and dependence in the market for essential goods including medicines. 2.2 Demographics The population of Nepal is multi-ethnic. Approximately 55 percent of the population is Nepali speaking. The country’s social system is characterized by the centrality of the family with factors such as caste and religion. At present Nepal’s population is 30 million at an average growth rate of 1.8 percent and distributed within three ecological zones. The Highhills, Midhills and Tarai have 31 25, and 2 municipalities respectively. The average population density is 180 inhabitants per square meters with large variations ranging from 3 in district of Manang to 4,400 in Kathmandu Metropolitan City (KMC). The Figure 2 indicates population density by ecological belts, districts and the city. Table 4.Distribution of population by ecological zones 21 Census Mountain Hill Mountain Terai Total Years and Hill 5349988 29066379 8256625 - - (64.8) (35.2) 1952/54 5991297 3421699 9412996 - - (63.6) (36.4) 1961 1138610 6071407 720017 4345966 11555983 1971 (62.4) (37.6) (9.9) (52.5) 1302896 7163115 8466011 6556828 15022839 1981 (56.4) (43.6) (8.7) (45.5) 1443130 8419889 9863019 8628078 18491097 (53.3) (46.7) 1991 (7.8) (45.5) 1687859 10251111 11938970 11212453 23151423 2001 (7.3) (44.3) (51.6) (48.4) 1781792 11394007 13175799 13318705 26494504 2011 (6.7) (43.0) (49.7) (50.3) Note: The figures in parenthesis indicate percentages Source6: The MoPE Prepared the table using CBS 1995, 2002, 2012 report 6 http://www.mope.gov.np/downloadfile/Nepal%20Population%20Report%202016_1481259851.pdf 22 Source: Map produced by OCHA7, Nepal based on CBS data 2006 Figure 2.Population density in a district and ecological zones of Nepal Nepal is predominately an agricultural country and domesticated livestock is one of the key livelihood strategies and offers communities unique set of 'economic opportunities' through 'sustainable practices'8. The total land of Nepal comprises about 14.7 million ha. Out of the total land area agricultural land occupy approximately 27 percent. All the agricultural land is not used under crop cultivation, it is estimated that about 20 percent of the total land is under cropping. In Nepal, a total of 16 districts are delineated as Highhills, 39 districts as Midhills and 20 districts as Terai. The district delineation although does not follow watershed or ecological framework, the altitudinal framework offers some unique socio-ecological semblance based on climatic, temperature and cultural regime. The grouping of the districts is primarily based on administrative purpose rather than ecology and/or altitudinal range. The above realities offers uniqueness in terms agricultural practices in these climatic zones of Nepal practiced throughout the history. The animal husbandry in these climatic zones of Nepal is unique. Domesticated ruminants in Nepal are especially cattle (cow, buffalo and yak), domesticated goat, mountain goat, and sheep. The following section will help understand the animal husbandry of these animals in relation to three topographical region of Nepal. 7 http://reliefweb.int/sites/reliefweb.int/files/resources/ADACEBBFFE7AE1F085257569005CE295-map.pdf 8 These indicate culturally and traditionally built in social capital for livelihood 23 2.3 Characteristics of High hills (Mountains) The Highhills (Mountains) is a high altitude with no clear-cut boundary with Midhills. The Highhills altitude ranges from 2,200 to 4,000 m. It includes 16 districts9 that occupies approximately 35 percent (5186, 181 ha) of Nepal. Agricultural land is only 9 percent in Highhills. Over 20 percent of the land categorized as rangelands and 24 percent as forestland. The population of Highhills is approximately 8 percent of Nepal. The climatic regime is temperate to alpine with micro-environments on varied elevation, aspects, steepness of slope and solar radiation. The farming practice is mostly subsistence with short growing season with little rainfalls at places. Due to the limitations of the crop growing season and agro-climatic factor livestock play is a key aspect of local economy. The size of landholding is small and the average number of livestock per farm is about 7 and potato, buckwheat, and barley are staple crops. A transhumance livestock production system is practiced in this region andChauri (Yak), sheep and Chyangra (mountain goats) graze on alpine rangelands in summer. Chyangra (Capra hircus) is the mountain goat raised in an altitude of 2700 m and above. Chyangra are grown for meat and draught purpose and are also popular for their fine quality fiber called pashmina. These goats are raised in trans-himalayan region along with sheep and yak and thus follow the transhumance system of grazing. Out of the total goat population of Nepal, chyangra population is estimated to be around 4 percent (Upreti, 2009). Thus out of the 8,135,880 goat (MoAC, 2007/08), 325,435 is chyangra population. The Locations having minimum temperature of -5.0 to 10 and maximum of 15-30 degree Celsius and 5 to 190 mm annual average precipitation are recommended for raising chyangra. Besides, Manang, Mustang, Dolpa, chyangracan be raised other 13 mountain districts of Nepal. An adult chyangra yields an average of 225-250 gm Pashmina/year/shearing (Table 5 & 6) and yield can be as high as high as 325 gm provided proper breeding, feeding and management. Table 5.Performance Indicator of Chyangra Production Present Performance Feasibility Body weight (kg) 30 female; 35-40 male 35, 45 Meat production (kg) 21-24 24-32 Milk (liter) 30 39 Pashmina (gm/goat) 250 325 Source: Upreti, 2009 9 Districts includeTaplejung, Sankhuwasabha, Solukhumbu, DolkhaSindhupalchauk, Rasuwa, Manang, Mustang, DolpaMugu, Humla, Jumla, Kalikot, Bajura, Bajhang and Darchula. 24 Table 6.Pashmina production potential Particulars Number Chyangra 325,435 Number of Chyangrasorn each year (20% under 6 months) 260,348 Pashmina production in Mt. (@250 per goat/year) 65,087 Can be increased upto Mt. (325 per goat/year) 864131 Total Annual National Demand of Pashmina (in Mt.) 400 No of Chyangra needed to produce 400 MTs Pashmina Annually @250 1,600,000 gm/year No of Chyangra needed to produce 400 Mt. Pashmina Annually @325 1,230,769 gm/year The pashmina shawl exports record sale of USD 82 million in 2000/01. In 2006 and 2007 exports plummeted to below one-fourth of the peak records in early 2000. The export of pashmina increased from NPR 1.042 billion to 1.8 billion over the five years' period from 2004/05 to 2008/09. Six years export figure (2002/03 to 2007/08) available from Federation of Handicraft Association of Nepal show that pashmina products have substantial share in total handicraft export of Nepal. It was as high as NPR 700 million (24.59%) in 2002-03 and 491.2 million (18%) in 2005/06. 2.4 Key socio-ecological Concerns The change in temperature regime and subsequent melting of glaciers and resulting into new lakes possible Glacial Lake Outburst (GLOF) are key concern in the mountainous areas10. The climate change can be gleaned from the average mean temperature rise in Nepal (Figure 3). The rangeland degradation because of the invasive species is noted concern. The increased animal diseases also have affected livestock in the region. The prevalence of insects and diseases in farming is also affecting farming and including domesticated animals. The disease vectors are also affecting habitat and food selection to wild animals. While biodiversity context is overwhelmed with changes taking place in the region, the cultural transformation is also leading to degradation of social capital inherently tied to man and nature relationship. Some examples of natural resources impact is increasing trend of sporadic river discharge damaging infrastructure (water supply, irrigation and roads). Sometimes water sources also come under threat of landslides and floods. The increasing uncertainty of river discharge, its impact into food production is directly affecting livelihood concern mainly food security and resulting into outmigration. When the water availability declines less than the threshold level, it affects rural irrigation schemes, potable water, micro-hydroelectricity plants and water mills (panighatta). The drinking water scarcity, irrigation water supply system; water quality degradation are foundational social concern associated with environmental change. 10 The information on GLOF can be accessed in icimod.org/dvds/201104_GLOF/reports/final_report.pdf 25 Source: Regional Environmental Change (2011) 11:S65–S77 DOI 10.1007/s10113-010- 0174-9 Figure 3 Annual Mean Temperature Rise in Nepal Mountains offer unique biodiversity (e.g. water, aquatic specifies and highly resilience forest ecosystem). The change climatic regime or alteration in biodiversity can have shift in abundance and changes in phonology, physiology, behavior, and evolutionary changes in species-level level. The changes in structure, function, patterns of disturbance, and the increased dominance of invasive species is concerning in mid to high mountain range. Species can adapt, shift habitat, decline in abundance or disappear. Such unpredictability of incidences can have detrimental effect at the level of ecosystem richness as well as loss in gene pool. This process can be heavy impact into domestic livestock. Animals are temperature responsive both in mortality and adaptation. The mountains in Nepal play a critical role in the provision of water. The impact of climatic change on hydrology is likely to have significant repercussions, not only in the mountains themselves, but also in populated lowland areas that depend on mountain water resources for domestic, agricultural, hydropower generation, recreational and industrial purposes. Significant shifts in climatic conditions will also have an effect on social and economic systems in the region through changes in demand, supply and natural resources based systems. The livelihoods of most subsistence farmers would be at stake. As discussed on above sections, livestock production in high altitude regions of Nepal is based on natural resource. Ranges are the major source for the feed for the mountain livestock though they also graze the hill forests and shrubs during en-route migration. Livestock raising in high altitude region has been constrained by the closure of the Tibetan pastureland to the Nepalese herds. Furthermore, it has also been hit hard by the upcoming CFs that has limited the movement of the herds. Likewise, livestock and other development interventions that have been launched in high altitude region are of long gestation period and there are none or very limited support services to make the living by the mountain herders. In this situation, mountain communities are bound to find alternatives means of livelihood not always appeasing to the environment they so inhabit. In addition to these issues, livestock-environment and natural resource management interface with high stocking rate or overgrazing of the pastureland, high number of the low yielding animals, feed deficit, and poor quality of the pasture are also of concern. Grazing land tenure that lay with the government is the foremost issue hindering the high altitude livestock management. Closure of the Tibetan pasturelands exerted pressure on Nepalese lands. 26 There is increase in the incidence of wild fire and several mountain livestock are caught in fire every year and subsequent burning of the pasture. Beside domesticated livestock, many wild animals and plants have also been the victims of such disaster. As a result of all these factors, natural resources of the mountain are depleting gradually, there is overgrazing on the pasture; local and palatable species are declining and unpalatable species are coming up. Condition is further aggravated by the high number of the low yielding animals and the introduction of the community approach in forest management which has not been in favor of transhumant system of livestock production. Community Forestry approach has restricted the movement of the movement of the livestock across the hills and the mountain and transhumant pastoralists do not have the flexibility of movement as existed in the past. As a result the ranges which do not fall under CFs are 49 grazed longer period than recommended. Increasing access to the virgin ranges and adoption of the rotation grazing would help lessen the burden in such overgrazed ranges. Potential options to mitigate livestock-induced environmental impacts include better grazing management practices, reducing the number of the unproductive herds and maintaining productive herds, adapted mobility and improved management systems, such as sylvopastoralism. The adoption of such technical options depends on the implementation of conducive policy frameworks. Payment for environmental services, market incentives for environmentally friendly products (i.e. certification) could be among the promising policy instruments. Whilethereevidence of negative and positive effects of livestock production on environmental, livestock contributes farmers in various ways such as manure fertilizer and nutrients to maintain soil fertility. Yet another dimension of overgrazing pasture is insufficient time interval to allow the native pasture to sprout, grow, foliate and shed seeds for next germinations. Hence, focus on both broader and specific policy development and implementation and understanding it in context of NLSIP is very important. 27 Table 7.Estimated Soil Erosion Rate at Ecological Zones Area Location and Land Use Erosion Rate Characteristics (Ton/Sq Km/year) Siwalik range Eastern Nepal, South Different land use 780-3680 aspect, sand stone foot ranging from forest to hills grazing Far Western Nepal, a. Degraded land 2000 South aspect sand b. Degraded 4000 stone foot hills of forest, gullied Surkhet land c. Severely 20000 degraded heavily grazed forest, fullied land MahabharatLekh Central Nepal, Steep a. Degraded 3150-14000 slope on metamorphic forest and and sedimentary rocks agricultural land b. Gullied land 6300-42000 Middle Mountain Northern foot hills of a. Degraded 2700-4500 Kathmandu valley forest and shrub land b. Over grazed 4300 shrub land C. Severely gullied 12500-57000 land South of Kathmandu 75 percent dense 800 Valley forest Phewa Watershed a. Protected 920 pasture b. Overgrazed 2200-34700 grass land c. Gullied 2900 overgrazed grass land 28 Table 8.Area UncultivablebyFlooding or Soil Erosion in Ecological Belt and Development Region, Nepal, 2011/12 Area Total Area Affected Percentag Types of soil degradation (ha) area e of (ha) affected area Soil Chemical Physical Erosi degradati degradati on on on Ecological belt Mountain 213931.5 3512.30 1.94 1848.60 32.10 1631.60 0 Hill 986073.2 18764.5 1.90 11679.60 414.90 6670.00 0 0 Tarai 1325634. 34394.9 2.59 23643.40 1485.50 9266.00 50 0 Total 2525639. 56671.7 2.24 37171.60 1932.50 17567.60 20 0 Developme nt region Eastern 7555178. 14789.0 1.96 8407.00 294.00 6088 00 0 Central 716861.0 19841.0 2.77 13808.00 869.00 5164.00 0 0 Western 482547.0 8517.00 1.77 6135.00 193.00 2189.00 0 Midwestern 353624.0 5214.00 1.47 3791.00 129.00 1294.00 0 Farwestern 217430.0 8310.00 3.82 5030.00 447.00 2833.00 0 Total 2525640. 56671.0 2.24 37171.00 1932.00 17568.00 00 0 Source: Central Bureau of Statistics (National Sample census of Agriculture, Nepal 2011/12) 29 Table9.Livestock Population in Arid and Semi-Arid Land* Year Buffaloes Population Population Population Population 1994/95 6837913 3278255 918885 5649056 1995/96 7008450 3302200 859000 5783140 1996/97 7024775 3362435 869582 5921956 1997/98 7048660 3419150 869142 6086060 1998/99 7030698 3470600 855159 6204616 1999/00 7023166 3525952 851913 6325144 2000/01 6982660 3624020 850170 6478380 2001/02 6978690 3700864 840141 6606858 2002/03 6953584 3840013 828286 6791861 2003/04 6966436 3952654 824187 6979875 2004/05 6994463 4081463 816727 7153527 2005/06 7002916 4204886 812085 7421624 2006/07 7044279 4366813 813621 7847624 2007/08 7090714 4496507 809480 8135880 2008/09 7175198 4680486 802993 8473082 2009/10 7199260 4836984 801371 8844172 2010/11 7226050 4995650 805070 9186440 2011/12 7244944 5133139 807267 9512958 2012/13 7274022 5241873 809536 9786354 *Arid land/semi arid land = Cultivated land, Non-cultivated land and Grass land/pasture estimated area 58873.3 sq. kmSource: Ministry of Agriculture Development Table 10.Number of Livestock by Type in Nepal1981/82 – 2011/12 Livestock Number of Livestock (in ‘000) Percentage Change type 1981/82 1991/92 2001/02 2011/12 1991/92 2001/02 2011/12 Cattle 6501.6 7359.3 7215.2 6430.4 13.2 -2.0 -10.9 Chauri 55.5 58.6 95.4 48.9 5.6 62.8 -48.8 Buffaloes 2379.7 3116.3 3477.7 3174.4 31.0 11.6 -8.7 Goats 3643.7 5515.5 6932.9 10990.1 51.4 25.7 58.5 Sheep 677.1 602.8 471.2 608.1 -11.0 -21.8 29.0 Source: Central Bureau of Statistics (National Sample census of Agriculture, Nepal 2011/12) 30 Table 11.Nepal Water Quality Guidelines for Livestock Watering S.N Constituent Proposed Concentration 1 Algae No visible blue green scum 2 Aluminum < 5 mg/l 3 Arsenic < 0.2 mg/l 4 Beryllium < 0.1 mg/l 5 Boron < 5 mg/l 6 Cadmium < 0.01 mg/l 7 Calcium < 1000 mg/l 8 Chloride 9 Chromium < 1 mg/l 10 Cobalt < 1 mg/l 11 Copper < 0.51 mg/l 12 Electrical Conductivity < 1.5 dS/m 13 Fluoride < 2 mg/l 14 pH 6.5-8.5 15 Iron Not Toxic 16 Lead < 0.1 mg/l 17 Magnesium < 500 1 mg/l 18 Manganese < 10 1 mg/l 19 Mercury < 10 µg/l 20 Molybdenum < 0.01 µg/l 21 Nickel < 1mg/l 22 Nitrate/Nitrite <100 mg/l as nitrate 23 Nitrite-N < 10 mg/l 24 Selenium <0.05 mg/l 25 Sodium < 2000 mg/l 26 Sulphate < 1000 mg/l Total Dissolved Solids Dairy Cattle < 7100 mg/l 27 Sheep < 12800 mg/l Horse < 6400 mg/l Pigs < 4300 mg/l Poultry < 2800 mg/l 28 Vanadium < 0.1 mg/l (FAO) < 24 mg/l (FAO) Pathogens 1 Faecal Coliform Count < 200 count/100 ml < 1000 counts for < 20% of the samples Pesticides: Guidelines applicable for human beings Chlorinated Hydrocarbons: Guidelines for Human Beings apply Source: Department of Irrigation, Ground Water Project (Nepal Gazette, Number 10, June 2008) 31 2.5 Need for Conservation The likely positive effects of climate change such as increased growing seasons and faster growth rates can still be overwhelmed in context of livelihood of small land holding farmers by incidence of crops and livestock diseases, pests, and weeds. This can altogether change the dynamics of well intended intervention. The conservation is important because livelihood is depended in ecosystem services provided by biodiversity. 2.6 Characteristics of Midhills (Pahad) The terrace hillslope farming is the characteristic of Midhills in Nepal. Midhills with its terrain is rich in biodiversity and ecological niche supported by subtropical and varied micro-climatic conditions with deep gorges of with numerous large, medium and small watersheds within elevation ranging from 800m to 2,400 m. The farm lots are considered small farms of less than 2 hectares with subsistence agricultural. However, these subsistent agriculture communities have received large international intervention for commercialization promoting the use of imported agrochemicals and seeds. The loss of soil fertility and community level saving is observed sporadically in many Midhills location. Approximately 45 percent of populations live in this region. Midhills include 39 districts11(41 percent of the total land) and nearly 32 percent land is under agricultural activities. The Midhills offers 45 percent forest areas, 9 percent is rangelands. Livestock is foundational to the agricultural practice of this region. The livestock consists of ruminants (cattle, buffaloes, goats and sheep). Historically, the number of livestock per household was 6. However, this trend is declining due to outmigration of youth and newer generation opting for other vocation than farming. The major cropping in Midhills is maize, millet or mustard and other new newly introduces cash crops such as ginger, cardamom and other location specific items. In and around the river valleys rice cultivation is a practice in land where river stretch offers irrigation feasibilities. Some horticultural related items are also increasing for last 2 decades. Subtropical forage crops like oat, vetch, berseem, stylo, molasses and others are commonly grown in some dairy pocket areas in recent years. The present levels of crop and livestock production, which are substantially below the potential possible, and the rapid disappearance of forest resources have created an alarming situation in the traditional farming systems of the hills of Nepal, but with care and if proper strategies, such as the example outlined above, are implemented for the future, this trend can be reversed, and ultimately it should be possible to correct the situation, without the disastrous consequences. Midhills climate range from subtropical to warm-temperate regime. Major cereal crops are paddy, wheat, maize and finger millet (Eleusinecoracana) and livestock is another key agricultural context which includes cattle, buffalo and goats. The grazing, crop residues (from paddy, maize, millet, wheat, mustard, soybean and vegetables) and grasses from forest understory and fodder is main source of feedstock. Buffalos and cattle (Jersey and Holstein crossbreds) are increasingly stall-fed in some areas of Midhills. Buffalo is predominately used both for meat and milk, cow used for milk and oxen for plowing. There 11 Districts include Panchathar, Ilam, Terthum, Dhankuta, Bhojpur, Khotang, Okhaldhunga, Udayapur, Ramechhap, Sindhuli, Kavre, Bhaktapur, Lalitpur, Kathmandu, Nuwakot, Dhading, Makawanpur, Gorkha, Lamjung, Tanahu, Kaski, Parwat, Syanja, Palpa, Myagdi, Baglung, Gulmi, Arghakhanchi, Rukum, Rolpa, Pyuthan, Salyan, Jajarkot, Dailekh, Surkhet, Achham, Doti, Baitadi and Dadeldhura. 32 is a potential to increase feed production from cultivated land by including winter fodders such as oats. The feedstock includes farm-produced rice bran, maize flour, barley, and oats. The cattle and buffalo are the source of milk, manure and draught. Sheep and goats are used for meat and fiber. Midhill farming systems are mixed crop-livestock production that includes the use of both traditional farming land and forest resources. The available topography, wind and rainfall patterns, soils conditions and solar radiation offer unique livelihood conditions different than Highhills and Terai of Nepal and uniquely complex systems that incorporate traditional knowledge. Because of geographical terrain is rugged, transport, communications and livestock is one integrated whole agro-ecological conditions to form micro-farming systems. At the lower reach of the land water is available for irrigation that supports paddy production. The major limitation faced in mid-hill livestock production is a deficit in feed, which has placed the whole region into ecological imbalance. The critical time of fodder/forage shortage is during the dry winter period of the year, October to April, and at this time the forest is the major supplier of fodder. According to a survey animal feed consumption is about 9.5 million tones TDN per year for the whole country. Of this, more than seven million tones is derived from the forest and grassland in the mid-hills. This has placed the hill forests and grasslands under severe strain, causing further depletion and deterioration in these natural resources. The contribution of forest to fodder production varies from place to place, it is vital, and because the forests in the hills are heavily exploited for fodder collection, and are utilized for free grazing and browsing, livestock production in the hills would be extremely difficult without them. The need for trees to supply fodder has retained tree stands in cultivated land as a cost benefit to the farmers. The vegetable crop waste (e.g. cabbage, cauliflower and radish) also provide source of fodder used by farmers considerably by farmer these days where commercial monoculture is practiced. In winter crop residues contributes feedstock where farmers store crop residues such as rice straw, millet straw and maize stover. 2.7 Key socio-ecological Concerns In successful livestock farming, trees, crops and soil are important components for maintaining integrity of the farming systems in the Midhills. Some of the key concern of Midhills of Nepal in relation to environment and human well-being is related to environmental change and agricultural and social transformation. The foundational issues of Midhills are soil degradation, declining soil fertility and land fragmentation. There is lack of interest for integration of horticultural and other farming practice with pastures and forage crops and declining inclusion of livestock in crop productivity, livestock rearing and soil enhancement. The monoculture farming in many Midhills location is also livestock role in maintaining farming and alternative livelihood strategies through change in biodiversity and social transformation. In subsequent sections tables relating to livestock and associated livelihood information are articulated and presented 2.8 Need for Conservation Increased crop diseases, declining forest and outmigration are major constraints for livestock and other associated issues. These issues are compounded by sporadic rainfall pattern leading to unexpected disaster events damaging infrastructure (water supply, irrigation and roads). These concerns are not easily addressable and time consuming 33 because of Midhills; geographical challenges. In many case these conditions have led to food production decline and leading to out migration. Periodic low precipitations have affected rural irrigation, drinking water supply, micro-hydro and water mills and rangeland degradation are complex issues affecting overall conditions exceptionally the livestock. The Gorkha Earthquake of 2015 indicates that loss is livestock caused profound livelihood concern in areas affected in Nepal Midhills. In summary, for successful livestock farming, the trees, crops, the animals themselves, and the soil are interdependent components, and the relationship among them is very deep. None should be ignored if the farming systems in the hills are to be maintained. The present levels of crop and livestock production, which are substantially below the potential possible, and the rapid disappearance of forest resources have created an alarming situation in the traditional farming systems of the hills of Nepal, but with care and if proper strategies, such as the example outlined above, are implemented for the future, this trend can be reversed, and ultimately it should be possible to correct the situation, without the disastrous consequences prophesied by many. 2.9 Characteristics of Flat Plains (Terai) The Terai is a fertile alluvial plain of Midhills of Nepal which includes 20 districts. The elevation of this region ranges from 60m to 1,000m and occupies 23 percent of the total land area with approximately 50 percent is agricultural land and 45 percent is forest land others. This region is approximately 50 of the total population. Climatologically Terai is a tropical to humid subtropical with very high monsoonal rainfall (June - September). Terai is fertile landmass offering large varieties of grain production. However, livestock is also important aspect of farming in this region mostly buffalo, cows and goats used for various purposes including draft power, milk and meat. More than 90 percent tillage is done by bullocks and now trend is changing with introduction of large agriculture machineries for harvesting and plowing. Terai offers year round growing seasons. During rainy season of monsoon rice is cultivated and during the winter wheat, mustard, maize, tobacco, chickpea, lentil, finger millet, oats are grown. Terai is intensely cultivated part of Nepal’s landscape after the eradication of malarial disease after middle of the last century. Livestock in this region is fed with crop residues, grains and forest and fodder grazing. 3.0 Key socio-ecological Concerns Although chemical fertilizers have become increasingly important for the intensive cropping, manure is still the main source of nutrient replenishment and soil fertility maintenance. In many areas where massive deforestation has reduced the supply of firewood, dung is an important fuel. Cattle, buffaloes and goats are the main grazing livestock. The predominant system of livestock rearing is grazing. Compared with the mid-hills, there is less grazing land and forest; so more crop residues are fed and the amount of stall-feeding relative to grazing is greater in the Terai than in the Midhills. Although there is a similar shortage of feed in winter and before the onset of the monsoon, most productive and draught livestock are well looked after and others survive on the available grazing. Livestock generally grazing on roadsides, uncultivated land, forest (near the Siwalik), on cultivated land after harvest, and on fallows; crop residues (paddy, wheat, maize, millet, cotton, sugar cane tops, lentils). Cultivation of fodder oats, berseem, and oat and vetch mixtures has become popular in dairy pockets. Home-produced rice bran, wheat bran, maize, gur (evaporated sugar cane 34 juice), broken pigeon pea and salt are the major feed ingredients, alone or in combinations with roughages like rice and wheat straw. Cattle generally graze, but are also stall-fed on crop residues and forages. 3.11 Need for Conservation The Terai is intensively and extensively used for agriculture purposes. The recent trend is changing of landuse pattern. The haphazard urbanization as well as increased land subdivision in traditionally cultivated land is key concern. The use of agrochemicals can also have detrimental impact to the livestock in the region because of nutritional concerns of farm animals. Quality and availability of feed resources is key concern for the future livestock and associated factors. As Terai is mainly tropical to subtropical climate regime, the extreme events and likely unforeseen impact from climate change can lead to possible disease outbreak can be potential hazard for both livelihood and the environmental concern of the area. 3.12 Sustainable Development Agenda of Nepal Nepal’s unique and varied environmental condition and need to reconcile development and conservation requires contextual sustainable development practices. The changing socio-ecological conditions and from signing of the international treaties Nepal also made some specific policy formulations for sustainable development. The Sustainable Development Agenda of Nepal 2003 (SDAN) by the National Planning Commission states that it is a process to alleviate poverty and simultaneously redress social, economic, cultural and ecological aspects of future generation. The factors affecting sustainability are vulnerabilities from natural and climatic changes; forest degradation, biodiversity decline in all physiogeographic areas of Nepal. The SDAN prioritized economy, health, population and settlement, forest ecosystem and biodiversity, education, institutions and infrastructure, and peace and security as the main concern areas for sustainable development. 3.13 Addressing through Systematic Intervention Systemic intervention requires problem structuring (scoping) based on both qualitative and quantitative information. The case studies of elsewhere indicate that such strategies even under the challenging conditions facing developing regions includingpost civil war context, the strategies in pragmatic ways can make a real difference on the ground and foster more sustainable trajectories. Research to date indicate that various factors facing Nepal and similar developing regions and their differing cultural contexts can sometimes even lead to highly innovative ways of applying these strategies. Similar strategies have been use in complex socio-ecological context including contentious situations to help address the enormous sustainability challenges facing the countries endowed with ecological capital with multiple sustainable challenges. The following strategies could be effective mechanism to understand and to manage Socio Ecological System (SES) of the region of LSIP. a. Adaptive management strategy (“learning while doing�) b. Engagement and Integration of Knowledge (“local and global�) c. Facilitate self organization (“understand feedback�) d. Incorporation of lessons learned from the past projects e. Setting boundary condition for feasible intervention 35 The above strategies will offers concerns highlighted on key areas socio-ecological factors as broadly discussed in references in rural interventions. Can future demand for livestock products be met through sustainable intensification in a carbon-constrained economy? Some indications have been given above of the increasing pressures on natural resources such as water and land; the increasing demand for livestock products will give rise to considerable competition for land between food and feed production; increasing industrialization of livestock production may lead to challenging problems of pollution of air and water. The literature show climate change are going to be seen in livestock and mixed systems in developing countries where people are already highly vulnerable; the need to adapt to climate change and to mitigate greenhouse emissions will undoubtedly add to the costs of production in different places. A second over-arching uncertainty is, will future livestock production have poverty alleviation benefits? The industrialization of livestock production in many parts of the world, both developed and developing, is either complete or continuing apace. Research also suggest in many cases where the poor have been disadvantaged by the industrialization of livestock production in developing countries, as well as highlighting the problems and inadequacies of commercial, industrial breeding lines, once all the functions of local breeds are genuinely taken into account. The future role of smallholders in global food production is very high despite its contribution is heavily undermined by large institutional base. Smallholders currently are critical to food security for the vast majority of the poor, and this role is not likely to change significantly in the future based on key literature and citing the market crisis of 2008 on food security. 3.14 Summary of Environmental and Livestock Concern a. Need for re-integration of environmental and social concern in overall livestock activities. b. Need for revising and re-integrating livestock sector plan, policies, legislations, guidelines, directives in context of changing environmental and social concerns. c. Need for effective institutional oversight by relevant Ministry of Local Development for effective livestock and its integration to social and environmental factors. d. Need for addressing social and environmental effects mainly from loss of natural habitats, agricultural land expansion, increased built-environment, wetland degradation and filling, forest depletion, soil erosion, declining soil fertility and improper use of agrochemicals. e. Need for curbing disasters effects through good practices and resilience. For example, forest depletion brings about a chain of the environmental negatives such as landslides, soil erosion, biodiversity loss, floods, soil degradation, and reduction in water flow from upstream areas. The adverse effects of forest loss by livestock grazing. f. Expansion of cultivation in ecologically sensitive upland areas caused increased erosion and quickly undermine productivity subsequently increase sedimentation downstream. g. Need for addressing soil quality issues in Midhills and Terai. The overuse of agrochemicals and lack of organic matters in soil is key soil degradation in some areas. h. Commercial monoculture farming has increased overuse of agrochemicals and subsequently affecting water quality degradation aquatic. Livestock is affected by feedstock loaded with chemicals. Large quantity of insecticides, fungicides and pesticides in commercial crops are some examples. The non-compliance of 36 application of agrochemicals is affecting the food chain of livestock. The use of expired pesticides and hazardous chemicals is urgent for control. The proper disposal and management is also other concern. Both forests and grasslands have witnessed declining productivity. There is shortage of livestock feed. In general, the lower productivity of livestock is also mal nutrition in animals impacting into the productivity in milk, meat and wool. Quality of water for livestock and processing milk products is also key concern in heavily monoculture areas of regions. Incidence of E-coli in dairy processing units some parts of the country increasing and ruminant shelters is not environmentally unfriendly. The issues of zoonatic diseases and still prevalent used of DDT, BHC and other chemicals are socio-ecologically concerning. 37 Table 12. Milk, Meat and Wool Production Products 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Milk Production (lit) 1124132 1158780 1195931 1274228 1312140. 1351394 1388730 1445419 1495897 1622751 1622751 1680812 1700073 Cow milk 342738 352090 361555 379637 385290 392791 400950 413919 429030 468913 468913 492379 532300 Buff. Milk 781394 806690 834376 894591 926850 958603 987780 1031500 1066867 1153838 1153838 1188433 1167773 Meat (net) 194258 198895 203899 214817 219205 227105 233900 241690 248573 287930 287930 295167 298244 production (Mt.) Buffalo 124848 127495 130600 138953 142040 147031 151209 156627 16213 172414 172414 175132 173906 Mutton (sheep) 2856 2823 2779 2744 2737 2747 2725 2711 2691 2720 2720 2721 2656 Goat 37769 38584 39664 41698 42820 44933 46570 48472 49851 53956 53956 55578 59053 Pig 15239 15594 15626 15724 15773 16035 16453 16992 17066 18277 18277 18709 19269 Chicken 13259 14118 14756 15461 15605 16126 16712 16662 16527 40346 40346 42810 43133 Duck 287 281 270 237 230 233 231 226 225 217 217 217 227 Egg production (000 507323 538420 557361 590137 600800 614848 631523 629940 643203 801370 801370 887240 882918 Number) Hen egg 491566 522760 541725 576521 587219 600966 617455 616312 629793 788310 788310 874194 859515 Duck egg 15757 15660 15636 13616 13581 13882 13798 13628 13410 13060 13060 13046 13403 Wool production 613824 609102 600689 590004 586988 585255 585255 583776 579631 587017 587017 587834 586848 (Kg) Table 13. Livestock Population Category 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 Cattle 6978690 6953584 6966436 6994463 7002916 7044279 7090714 7175198 7199260 7226050 7244944 7274022 7243916 Buffaloes 3700864 3840013 3952654 4081463 4204886 4366813 4496507 4680486 4836984 4993650 5133139 5241873 5178612 Sheep 840141 828286 824187 816727 812085 813621 809480 802993 801317 805070 807267 809536 789216 Goat 6606858 6791861 6979875 7153527 7421624 7847624 8135880 8473082 8844172 9186440 9512958 9786354 10177531 Pigs 934461 932192 935076 947711 960827 989429 1013359 1044498 1064858 1108465 1137489 1160035 1190138 Fowl 21370420 22260700 23023979 22790224 23221439 23924630 24665820 244481286 25760373 45171185 47959239 48079406 Duck 408584 408311 405217 391855 392895 394798 390748 383123 379753 378050 376916 3759752 390209 Milking cow 852790 810589 888190 902286 903376 908712 915411 932876 954680 974122 998963 1025591 1024513 Milking 958530 988035 1015727 1050977 1084764 1124454 1158300 1211495 1252770 1291644 1331037 1369796 1345837 Buffaloes Laying Hen 6453860 6622558 6676954 6643350 6769050 6962076 7153088 7124054 7290875 7478645 7907468 8233616 8350237 Laying Duck 214090 213751 211838 183208 183690 184608 182753 179187 175300 175150 174978 174714 179447 38 CHAPTER 3: PLAN, POLICIES, LEGISLATIONS, GUIDELINES, DIRECTIVES RELEVANT TO NLSIP The Ministry of Local Development (MOLD) is required to comply with policies, guidelines, and legislations of the Government of Nepal and include specifics of World Bank (WB) in the implementation of Nepal Livestock Sector Innovation Project (NLSIP). Table 16 below summarizes key specific and overarching contexts relevant to livestock. Table 14 Policies, Acts, and regulations relevant to NLSIP The Thirteenth Plan(2013-2016) The plan prioritizes agriculture development is key areas identified as the pillar for Nepali economy. The Three Year Plan envisioned ranking Nepal to a Developing Country (DC) from the Least Development Co untry (LDC) status by 2022. Agriculture Perspective Plan (APP), 1995–2015 The APP recognizes livestock as one of its four priority outputs, and identifies livestock as contributors to regional balance and gender mainstreaming. Agriculture Development Strategy (ADS), 2014 The objective of ADS is a self-reliant, sustainable, competitive, and inclusive agricultural sector that drives economic growth and contributes to improved livelihoods and food and nutrition security Livestock Insurance Policy and Agriculture and Livestock Insurance Regulation (2013) Livestock insurance helps livestock farmers to cope with such risks, and facilitates farmers’ access to finance by increasing their creditworthiness. Livestock insurance began only in 1987 in form of livestock credit or micro-finance guarantee insurance against animal mortality and loss. Rangeland Policy, 2012 The Policy defines rangeland as natural pasture land, grassland and shrub-land. It aims to increase productivity by improving forage/grass productivity, to protect livestock farmers' traditional rights for pasturing livestock in community rangeland and forest, and to determine stocking density to minimize competition between grazing domestic and wild animals. National Land Use Policy, 2012 The Policy aims to encourage optimal use of land for agriculture by classifying the country’s land territory into seven land use categories—agricultural, forest, residential, commercial, public, industrial, and others. Climate Change Policy, 2011 The main goal of the Climate Change Policy, 2011 is to improve livelihoods by mitigating and adapting to the adverse impacts of climate change, adopting a low carbon emissions socio-economic development path, and meeting the spirit of the country's national and international agreements related to climate change. Nepal prepared Intended Nationally 39 Determined Contributions (INDC) through a broad-based stakeholder consultation processes. The communicated INDC in response to the decisions of the Conference of the Parties to the UN Framework Convention on Climate Change in 201612. Prior to the above, National Adaptation Program of Action (NAPA)-Nepal to Climate Change was produced in 201013. In order to localize climate change adaptation National Framework onLocal Adaptation Plans for Action (LAPA) was developed14. Dairy Development Policy, 2007 (2064 BS) The policy (DDP) envisions investment in the income and employment generating and poverty-alleviating dairy business. To achieve this vision, it has adopted the policy of providing pasture (grazing land) and cattle feed year-round. The DDP encourages concerned organizations to provide collateral-free soft (concessional) loans, group loans and technical assistance to farmers, particularly women and underprivileged communities, with a view to promoting livestock farming. The DDP seeks to mobilize farmers’ cooperatives to promote livestock insurance service extension, and provides that the Nepal government may subsidize the premium on livestock insurance obtained by farmers through their cooperatives and groups. Trade Policy 2009 The Policy lays emphasis on commercial livestock farming and the promotion and supply of improved breeds. The Policy offers capital and technical assistance for the commercial farming of animals to ensure supply and export of high-quality rawhide and skins. Agriculture Bio-Diversity Policy, 2007 The policy intends to lead to benefit from protection and utilization of genetic resources for food security, livelihood security and poverty reduction. Livestock genetic improvements enabled by diversity are expected to contribute to increased productivity. Nepal Biodiversity Strategy (2002); and Nepal Biodiversity Strategy Implementation Plan (1992) Nepal biodiversity strategy specifies the implementation of impact assessments process in accordance with the provisions of EPA 1997 and EPR 1997 to assess the impacts of development activities on biodiversity. The strategy has given emphasis in ensuring effective implementation of existing rules and regulations regarding environmental impact assessments. The National Biodiversity Strategy plan describes the protection and wise 12 Report- www4.unfccc.int/Submissions/INDC/Published%20Documents/Nepal/1/Nepal_INDC_08Feb_2016.pdf 13 It helps address immediate needs of adaptation. The effective implementation of NAPA priorities would provide opportunities to help climate vulnerable communities and ecosystems cope with the adverse impacts of climate change, and improve livelihoods by addressing most urgent and immediate adaptation needs. 14 Helps ensure integration of adaptation and resilience into local to national planning processes--bottom-up, inclusive, responsive and flexible planning. The LAPA contributes to sensitizing local people and stakeholders, carrying out vulnerability and adaptation assessment; identifying, selecting and prioritizing adaptation options; and formulating and implementing adaptation plans. The framework provides opportunities to develop and implement a stand-alone LAPA and/or integrate adaptation options into the regular planning and implementation processes. At present, Nepal is implementing LAPAs in 90 Village Development Committees and 7 Municipalities – the lowest administrative units in the country. Similarly, about 375 local adaptation plans and nearly 2200 Community Adapt. 40 use of the biologically diverse resources of the country, the protection of ecological processes and systems, and the equitable sharing of all ensuing benefits on a sustainable basis for the benefit of the people and to honor obligations under the Convention on Biological Diversity. National Agriculture Policy (2061, 2004) The National Agriculture policy has vision of improving living standard through sustainable agricultural development achieved by commercial and competitive farming system. The main objectives of the policy are: Increase production and productivity; increase competitiveness in regional and world markets developing foundations of commercial and competitive agriculture; and protect, promote and utilize existing natural resources, environment and bio diversity. The policy emphasized to develop an appropriate policy and strategy for encouraging cooperative and private sectors for commercial production, processing and marketing of the agricultural products. Agro-Business Promotion Policy (ABPP), 2006 The ABPP, 2006 aims at diversification, service delivery and private sector involvement to transform agriculture from subsistence to commercial farming. The policy aims to reduce poverty by encouraging production of market-oriented and competitive agro-products and promoting internal and external markets. The policy’s specific measures include public-private partnership in services delivery and in infrastructure for storage, marketing and processing. National Micro-Finance Policy 2005 This policy aims at helping to alleviate poverty through micro-financial services, and targets the agricultural and livestock sectors, among others. Forest Policy, 2002 The revised Forest Policy (2002) emphasizes the protection of soil, water, flora and fauna constituting the main element of forestry to sustain biodiversity. It recognizes that the sustainable forests management is only possible when it give adequate attention to meet the basic needs of the people, sustainable utilization of forest resources, participation in decision making and sharing of benefits and above all on socio-economic growth. The forest policy does not specifically mention environmental policy strategies with regard to other development programs which might intervene the forested areas, however, in other policy strategies related to forest management and forestry program implementation emphasizes on the need of land use planning, prioritization for the conservation of biodiversity, ecosystem, and genetic resources, effective production and utilization of forest resources and blending forestry management, biodiversity conservation and community development activities in holistic sense. The policy is compliant with key agricultural national documents including the supplementary to the National Agriculture Policy (NAP), 2004 and Agri-business Promotion Policy, 2006. The policy envisages programs to base bird rearing and poultry businesses on comparative cost advantages and production potentials. 41 Labor Policy, 1999, and Child Labor Act, 2000 Nepal, a member of the International Labor Organization (ILO), has so far signed 11 ILO conventions [4,19]. Hence, it should make its labor policy and practices fully compliant with its commitment to international labor standards and practices. The Labor Policy, 1999 in compliance with the Child Labor Act, 2000, bans use of child labor in economic activities. The policies and provisions also have bearing on livestock management. Animal Health Program Implementation Procedure, 2013 and Animal Health and Livestock Services Act, 1999 The Animal Health Program Implementation Procedure, 2013 was introduced in line with the Animal Health and Animal Service Act, 1999 and its related Regulation. The policy rightly aims at promoting production, distribution, consumption and export of healthy livestock and making animal-health related programs more effective, as these functional areas are crucial in livestock management Constitution of Nepal 2015 The interim constitution of Nepal, 2015focuses on raising the standards of living of the general public. The Article 35 (1) asserts that; The State shall pursue a policy of raising the standards of living of the general public through the development of infrastructures such as education, health, housing and employment of the people of all regions, by equitably distributing investment of economic investment for the balanced development of the country. Right to Information Act, 2064 (2007) The aim of this act is to make the functions of the state open and transparent in accordance with the democratic system and to make it responsible and accountable to the citizens. It intends to make the access of citizens to the information of public importance held in public bodies simple and easy and to protect sensitive information that could have an adverse impact on the interest of the nation and citizens. National Foundation for Upliftment of Adivasi/Janajati Act, 2058 (2002)15 Government of Nepal has identified and legally recognized 59 indigenous communities who are officially referred to as AdivasiJanajati in Nepali and Indigenous Nationalities in English as per the National Foundation for upliftment of Adivasi/Janajati Act, 2058 (2002). One can find vast disparities in terms of socio-economic standing among the Adivasi and Janajati groups. According to Nepal Federation of AdivasiJanajati (NEFIN) 10 of the 59 AdivasiJanajati are "endangered", 12 "highly marginalized", 20 "marginalized", 15 "disadvantaged" and 2 are "advanced" or better off on the basis of a composite index consisting of literacy, housing, landholdings, occupation, language, graduate and above education, and population size. Labor Act 1991 (2048 BS) 15 The ESMF guides on holding free, prior, informed consultations with IPs to seek their supports in project implementation. 42 Section 3 relating to classification of the posts; section 4 relating to appointment letter; Section 5 prohibition on child labor and restriction on minor and women; Section 10 on job security; section 12 related to retrenchment and reemployment, section 16, 17, 18 and 19 relating to working hours; section 20, 21, 22, 23, 25 and 26 related to remuneration; section 27 to 36 relating to occupational health and safety; section 37 to 44 relating to welfare arrangements; section 46 related to special arrangement is the construction sites; Section 50 to 60 related to conduct and penalties; section 72 to 82 related to settlements of labor disputes. ILO Convention on Indigenous and Tribal Peoples, 1989 (No.169)16 In 2007, the UN Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly. Nepal ratified ILO Convention No. 169 on September 14, 2007 (BS 2064/05/28). Article 1 of the convention provides a definition of tribal and indigenous peoples. Article 6 requires consultation with the peoples concerned through appropriate procedures and, in particular, through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly. In Article 15, it states that indigenous and tribal peoples shall, wherever possible, participate in the benefits of natural resource utilization activities and shall receive fair compensation for any damages which they may sustain as a result of such activities. Article 16(2) clearly mentions that where the relocation of these peoples is considered necessary, such exceptional measures and such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned. Article 16(3) mentions that, whenever possible, these peoples shall have the right to return to their traditional land as soon as the grounds for relocation cease to exist. Article 16(5) specifies the persons thus relocated shall be fully compensated for any resulting loss or injury. Land Acquisition Act 1977 (2034 BS)17 Article 3 stipulates power to the government to acquire any land anywhere for public purpose subject to compensation under this Act; Rule 4 empower government to acquire land upon request by institutions subject to the payment of compensation and all other 16 Indigenous peoples are present in the sub- project area; the convention requirements are applicable to the proposed project. 17The project may need land acquisition or may affect hmes,commercialbuildings, agricultural land and forest land leading to land use restrictions. . 43 expenses under this Act; Rule 5, 6, 7 and 8 stipulates provisions and procedures for initiating initial land acquisition process and estimating compensation rates; Rule 9 and 8 stipulates procedures and provisions for notification to land acquisition; Rule 11 stipulates provision of right to file complain by the affected on the public notice with regard to the land right; Rule 13, 14, 15 stipulates procedures and provisions of Compensation Fixation; Rule 16 and 17 stipulates criteria for compensation fixation; Rule 19 stipulates discloser of the compensation entitlement through public notification; Rule 25 stipulates provision of Complain against the compensation rates to the Ministry of Home affairs. The decision of the Ministry of Home affairs on the complaint is final. Environment Protection Act 1997, Environment Protection Rules 1997 Environmental Protection Act, 1997, Environmental Protection Rules 1997 as Amended (1997, 1999, 2007) Nepal has enacted a comprehensive and umbrella type environmental act, the Environment Protection Act (EPA) 1997, and followed by Environmental Protection Regulation 1997 and as amended (1999, 2007, 2009 & 2010) which are now enforced through appropriate regulatory measures. Section 3 of the Act requires the proponent to conduct an IEE and EIA in relation to the prescribed proposals. Section 4 of the Act prohibits implementation of development proposals without prior approval of the concerned agencies or Ministry of Environment (MoE) as specified by the Act. The Animal Health and Livestock Services Rules, 2056 (2000) Animal health and livestock services rules 2056 (2000) has spelled out several items including establishment of quarantine check post, quarantine spot, terms and criteria to be followed while constructing quarantine spot, period for keeping in quarantine, functions and roles and responsibilities of quarantine officer. The rules has also provision for issuing quarantine certificate, awarding of letter of recommendations relating to establishing of industries, and recommendations for import and export. The Act has also mentioned the procedure for disposal and also included the function, duties and power of veterinary inspector. Animal Health and Livestock Services Act, 2055 (1999) An Act Made to Provide Necessary Arrangement Relating to Animal Health and Livestock Services was enacted in 2055 (1999). The Act has provisions relating to animal quarantine, arrangements relating to the establishment of an industry and export, import, provision for penalty and appeal for importers etc. The Slaughterhouse and meat inspection Act 2055 The Slaughterhouse and meat inspection Act was enacted in 2055, and covers that no establishment of a slaughterhouse or selling of meat be made without license, establishment of slaughterhouse, licensing provisions are mandatory. The appointment of meat inspector, their roles and responsibilities, examination of animals before slaughtering, examination of meat and slaughter house, stamping and marking of meat etc are included in the Act. Forest Act 1993 its amendment 1999 and Forest Regulation 1995 Forest Act, 1993, its amendment (1999) and Forest Regulation (1995), recognizes the importance of forests in maintaining a healthy environment. The Forest Act requires 44 decision makers to take account of all forest values, including environment services and biodiversity, not just the production of timber and other commodities. Forest Rules, 1995 detailed the legal measures for the conservation of forests and wildlife. Based on forest legislation, 13 plant species are included in the level of protection list. GoN has banned the felling, transportation and export of Champ (Michelliachampaca), Khayar (Acacia catechu) and Sal (Shorearobusta). Local Self-Governance Act, 1999 and Local Self Governance Rules, 1999 The Local Self-Governance Act, 1999 provides more autonomy to District Development Committees, Municipalities and Village Development Committees. Section 25 of the Act provides the functions, rights and duties of the Ward Committee. Section 25(e) of the Act requires the ward to help for protection of environment through plantation over the bare land, cliff and mountains. Section 28 has mentioned the functions, rights, and duties of VDC. The VDCs are required to protect the environment, nature and natural resources. Section 55 empowers VDC to levy taxes on utilization of natural resources. Animal Health and Livestock Services Act 2055 (1999) Provisions relating to animal quarantine, arrangement for animal breed improvement, arrangement relating to the establishment of an industry and export import, clauses for penalty and appeal are included in the Act. Industrial Enterprise Act (1992) Enterprise relating to establishment of agro farm has been defined as industry. GoN may issue directives to any industry in the matters relating to the pollution of environment and it shall be the duty of the concerned industry to follow such directives. Feed Act (2033) and Regulations (2051) The Act has provision for prohibition on production, sale, distribution, export, import, and storage of contaminated feed. It also prohibits sale and distribution of feed by lying or misleading. The Act has provisioned for the appointment of feed inspector by GoN. The licensing provision is clearly mentioned in Act as per with any person/firm intending to produce, sell or distribute the prescribed feed shall obtain the license as prescribed by authority. The Act has penalty clauses for violating clauses of act and liability of office committed by the firm or body corporate is also mentioned in Act. Solid Waste Act 2011, (2068 B.S.) The SWMA clearly envisaged about management of solid waste and provision of licensing for management. In such case, the article (7) on discharge of solid waste entails about the person, organization that produces hazardous waste or chemical waste shall have to manage such waste as prescribed (sub article 2). It is restricted that nobody shall do or cause to do the work relating to the solid waste management without obtaining license from the Local Body as prescribed by article 13 of chapter, miscellaneous sub article 1. National EIA Guidelines (1993) 45 The guideline provides criteria for project screening and initial environmental examination (IEE). This also includes scoping, preparation of terms of reference for EIA, methods of EIA report, impact identification and prediction, impact mitigation measures, review of the draft EIA report, impact monitoring, evaluation of impact studies, impact auditing, community participation and schedules and annexes to IEE and EIA. Many of the guideline provisions are now included in the Environment Protection Act, 1997, and Environmental Protection Regulation, 1997. EIA in Nepal has now become legally mandatory. However, as the National Environmental Guidelines, 1993 have not been issued under the Environmental Protection Act (1997); they do not have any legal force. It is a policy guideline issued by the Government that is still followed in the matters which are not covered by the Environment Protection Act (1997) and Environment Protection Regulations (1997). Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 1973 The convention classifies species according to criteria where access or control is important (e.g. I - species threatened with extinction; II - species which could become endangered; III - species that are protected; E - Endangered; V - Vulnerable, R – Rare (CITES 1983). The project will have to minimize impacts to the CITES species as far as possible. Convention on Biological Diversity, 1992 The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding. Under the Article 14 of the convention, the each contracting party should introduce appropriate procedures requiring environmental impact assessment of its proposed projects that are likely to have significant adverse effects on biological diversity with a view to avoiding or minimizing such effects and, where appropriate, allow for public participation in such procedures. The Building Act, 2055 (1998), revised 200718 Whereas, it is expedient to make necessary provisions for the regulation of building construction works in order to protect building against earthquake, fire and other natural calamities, to the extent possible Nepal National Building Code , 2065 (2008)19 18 Construction of buildings including laboratory triggers this Act. 19Construction of building is one of the components of NLSIP hence touches upon the National Building Codes 46 There are 23 different title wise volumes of building code, which form a single national building code of Nepal, 1993. National Building Code was prepared in 1993 by then Ministry of Housing and Physical Planning now (MoPPW). This code emphasizes the need for changes and improvement in current building construction design and methods. The publication represents a standard of good practice and therefore takes the form of recommendations Environmental Standards (Annex 1) GoN has formulated different standards in different time frame The formulated standards are National Sound Pressure Level, Nepal, 2069BS (2012); Air Emission Limits for Imported Generator into Ambient Air, 2069BS (2012); Nepal Water Quality Guidelines for the Protection of Aquatic Ecosystem, 2065BS (2008); Nepal Drinking Water Quality Standards, 2063BS (2006); Tolerance Limits for Generic Industrial Effluent Standards Discharged into Public Sewers & Inland Surface Water, 2060BS (2003); Tolerance Limits for Effluent Standards Discharged into Inland Surface Water from Combined Wastewater Treatment Plants, 2060BS (2003) which will be considered while implementing the project. Treaties/Convention Following international conventions and treaties in which Nepal is a signatory are applicable to NLSIP Basal Convention (Controlling trans-boundary movements of hazardous waste and their disposal , started May 1989, rectified 15 Aug 1996) Montreal Protocol on substances that deplete the ozone layer (signed 2 May 1984, amended 1990, and 1992) Stockholm Convention on Persistent Organic Pollutant (starting date may 2001, rectified April 2002) Rotterdam convention on Prior Informed consent procedure for certain chemical and pesticides in international trade (signed 11 Sept 2004, rectified Feb 2004) Adherence with NAPA, LAPA, NAP The GoN’s National Adaptation Programs of Action (NAPA) has been prepared as per requirements of UNFCCC , NAPA was established in 2001 to help the least developed countries address their most urgent and immediate adaptation needs. However, NAP is for both developing countries and LDCs.GoN has already developed NAPA and NAP. The NLSIP sub projects shall be developed in aligned with NAPA, LAPA, and NAP. In the near future, the Ministry is implementing and catalyzing ecosystem restoration for resilient natural capital and rural livelihoods in degraded forests of Nepal. Reducing vulnerability and increasing adaptive capacity to respond to impacts of climate change and variability for sustainable livelihoods in agriculture sector in Nepal.All the NLSIP program will support these activities. 3.1 Applicable WB Policies The WB's environmental and social safeguard policies (ten of them) are the cornerstones towards poverty reduction and sustained livelihoods improvements of the people. The 47 objective of these policies is to prevent and mitigate undue harm to people and the environment in the development process. These policies provide guidelines for the identification, preparation, and implementation of programs and projects. The following operational policies of the WB are relevant for NLSIP (Table 17). Table 15 WB Safeguard Policies Safeguard Policies Yes Potential No Environmental Assessment OP/BP 4.01 X Natural Habitats OP/BP 4.04 X Forests OP/BP 4.36 X Pest Management OP 4.09 X Physical Cultural Resources OP/BP 4.11 X Indigenous Peoples OP/BP 4.10 X Involuntary Resettlement OP/BP 4.12 X Safety of Dams OP/BP 4.37 X Projects on International Waters OP/BP 7.50 X Projects in Disputed Areas OP/BP 7.60 X 3.1.1 ENVIRONMENTAL ASSESSMENT (OP/BP 4.01) The environmental assessment is required by the WB to identify, avoid, and mitigate potential negative environmental impacts associated with the operations early on in the project cycle. The policy states that Environment Assessment (EA) and mitigation plans are required for all projects having significant adverse environmental impacts or involuntary resettlement. Assessment should include analysis of alternative designs and sites, including the “no project option� and require public participation and information disclosure before the WB approves the project. The purpose of EA is to improve decision making, ensure project options under consideration are sound and sustainable, and affected people are properly consulted and concerns addressed. The WB environmental assessment policy and recommended processing are described in Operational Policy (OP)/Bank Procedure (BP) 4.01: Environmental Assessment. 3.1.2 PHYSICAL CULTURAL RESOURCES (OP/BP 4.11) The WB Policy OP/BP 4.11 defines physical cultural resources as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural interest may be at the local, provincial or national level, or within the international community. 48 The WB assists countries to avoid or mitigate adverse impacts on physical cultural resources from the development projects that it finances. The impacts on physical cultural resources resulting from project activities, including mitigating measures, may not contravene either the borrower’s national legislation, or its obligations under relevant international environmental treaties and agreements. The borrower addresses impacts on physical cultural resources in projects proposed for WB financing, as an integral part of the environmental assessment (EA) process. The WB will also follow compliance with Nepal’s chance find policy. 3.1.3 INDIGENOUS PEOPLE (OP/BP 4.10) Indigenous People (OP/BP 4.10) are triggered because of the presence of Janajati in the project area (See section 3.1.2 for explanation). Dalit (socially oppressed groups) and other vulnerable peoples are also present in the project area. This policy states that any development process under WB financing should fully respect the dignity, human rights, economies, and cultures of Indigenous Peoples (IPs). The project should engage in a process of free, prior, and informed consultation with IPs that should result in a broad community support to the project by the affected Indigenous People. Projects should include measures to avoid potentially adverse effects on the IP’s communities or when avoidance is not feasible, minimize, mitigate, or compensate for such effects. They should ensure that the IPs receive social and economic benefits that are culturally appropriate and gender and inter-generationally inclusive. 3.1.4 INVOLUNTARY RESETTLEMENT (OP/BP 4.12) The Involuntary Resettlement (OP/BP 4.12) is triggered in case the project results into loss of private properties such as land, houses, structures and commercial places or disruption of formal /informal sources of income and livelihoods due to project interventions. It recognizes that involuntary land-taking resulting in loss of shelter, assets or access and income or sources of income should be addressed in the WB-financed projects. Displaced persons should be meaningfully consulted, given opportunities to participate in planning and implementing resettlement programs and assisted in their efforts to improve their livelihoods and standards of living. Absence of legal title to land should not bar for compensation, resettlement, and rehabilitation assistance. Vulnerable groups such as IPs, women-headed households, and senior citizens should be entitled to special benefit packages in addition to compensation and resettlement. The Operational Policy is applicable whenever there is involuntary land taking resulting in displacement of people and/or loss of livelihood or source of livelihood. 3.1.5 FORESTRY (OP 4.36) The Bank's current forests policy (Operational Policy/Bank Procedure 4.36) aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty, and encourage economic development. Combating deforestation and promoting sustainable forest conservation and management have been high on the international agenda for two decades. However, little has been achieved so far and the world's forests and forest dependent people continue to experience unacceptably high rates of forest loss and degradation. The 49 Bank is therefore currently finalizing a revised approach to forestry issues, in recognition of the fact that forests play an increasingly important role in poverty alleviation, economic development, and for providing local as well as global environmental services. Success in establishing sustainable forest conservation and management practices depends not only on changing the behavior of all critical stakeholders, but also on a wide range of partnerships to accomplish what no country, government agency, donor, or interest group can do alone. The Forest Strategy suggests three equally important and interdependent pillars to guide future Bank involvement with forests:  Harnessing the potential of forests to reduce poverty,  Integrating forests in sustainable economic development, and  Protecting vital local and global environmental services and forest values Natural habitat OP/BP 4.04: Operational Policy 4.04: Natural Habitats seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society. The policy strictly limits the circumstances under which any Bank-supported project can damage natural habitats (land and water areas where most of the native plant and animal species are still present). Specifically, the policy prohibits Bank support for projects which would lead to the significant loss or degradation of any Critical Natural Habitats, whose definition includes those natural habitats which are either:  legally protected,  officially proposed for protection, or  unprotected but of known high conservation value. In other (non-critical) natural habitats, Bank supported projects can cause significant loss or degradation only when i. there are no feasible alternatives to achieve the project's substantial overall net benefits; and ii. acceptable mitigation measures, such as compensatory protected areas, are included within the project. Pest Management OP 4.09 50 Rural development and health sector projects have to avoid using harmful pesticides. A preferred solution is to use Integrated Pest Management (IPM) techniques and encourage their use in the whole of the sectors concerned. If pesticides have to be used in crop protection or in the fight against vector-borne disease, the Bank-funded project should include a Pest Management Plan (PMP), prepared by the borrower, either as a stand-alone document or as part of an Environmental Assessment. 3.1.6 POLICY FEATURES GON AND THE WB The policy features of the Government of Nepal and World Bank arecategorizedin5 major areas as the following which are then summarized in the Table 18. Table 16. Comparison of the GoN and the WB Policies, Gaps and Recommendations A. Environment (Natural Habitat , & Forest including terrestrial and aquatic) Government of Nepal Policy Development project falling under EPR criteria should be subjected to IEE/EIA. Forest regulation requires permission from related authorities (DFO, CFUG etc.) for any intervention in forested area. Compensatory re-plantation ratio is defined for commercial projects. National Park and Wildlife Conservation Act, demands permission from Ministry of Forest and Soil Conservation besides Ministry of Environment. The NLSIP does not affect the national parks and conservation areas. World Bank Policy Environmental Assessment is required to identifying potential risks and adverse impacts, mitigation measures and environmental management plan. When natural habitat and forest policies are triggered environmental assessment and environmental management plan (EMP) will adequately address the relevant issues. Policy Gap Activities listed in EPR Schedule I, particularly cross sectoral provisions related forest and investment limits is likely to require an IEE, and those listed in Schedule II requires EIA. The Schedule I and II is based on activity type, Potential risk is not formally considered for screening. Recommendation In order to fill the gap between WB and GON requirements/approach, environmental screening is must for each subproject, and consider potential environmental risk : project Environmental Screening Format includes this. An Environmental Management Plan (EMP) shall be prepared for each contract during detail engineering design phase. The plan aims to address adverse environmental 51 impacts arising due to project intervention. The project will strictly follow re-plantation as per the ratio of plantation in the forest guideline 2006. B. Physical-Cultural Resources Government of Nepal Policy Clause 28 of EPR states that physical and cultural resources shall not be disturbed or damaged without the prior approval of concerned authority. World Bank Policy Environmental assessment has to be carried out in case such resources are found to be affected by the subproject. Policy Gap “Chance find’ is not covered by the EPR requirements but is stipulated in Ancient Monument Protection Act. Recommendation ESMP shall address such issues following GoN and WB policy. C. Land and Structures Government of Nepal Policy Clause 3 of Land Acquisition Act states that any asset that is required for public purposes shall be acquired by providing compensation. Compensation Fixation Committee will establish the Compensation rates. Guthi Corporation Act, 2033 (1976). Section 42 of this Act states that Guthi (religious trust land) acquired for a development must be replaced with other land, rather than compensated in cash Land Reform Act (LRA) 2021 (1964). This Act establishes the tiller's right on the land, which he is tilling. The LRA additionally specifies the compensation entitlements of registered tenants on land sold by the owner or acquired for the development purposes World Bank Policy Full compensation at replacement cost for lost assets shall be provided according to asset types and location. Resettlement and Rehabilitation assistance to affected people to enable them to improve their living standard. As per OP 4.12 community assets needs to be replaced in consultation with the community. As per OP 4.12, all those who are affected need to be assisted including, tenants and sharecroppers. Squatters and encroachers will be provided compensation at replacement value for their structures as well as other assistances. 52 Gap Defining of affected person and resettlement, and rehabilitation packages should be clearly spelled out. D. Indigenous Community Government of Nepal Policy NFDIN Act 2002, Local Self-Governance Act, 1999 and Tenth Plan (2007-10) and World Bank Policy Ensures free, prior, and informed consultation (FPIC) with the affected indigenous people to obtain broad community support to the project. Social Assessment will be carried out to identity potential effect and prepare plan to ensure that indigenous peoples receive social and economic benefits that are culturally appropriate. economic framework socially Policy Gap GoN has also ratified ILO 169 and United Nations Declaration of Rights of Indigenous People (UNDRIP). Among very few signatory, Nepal is one of them. Recommendation Project will carry out free prior informed consultations with the indigenous community and other vulnerable communities to obtain broad consent. Project will prepare Vulnerable Community Development Plan (VCDP) based on community needs of indigenous as well as other vulnerable communities. E. Loss of Crops and Income Source Government of Nepal Policy Compensation shall be provided for loss of crop damage/income source World Bank Policy Full compensation shall be provided together with income and livelihoods restoration measures. Policy Gap: Full compensation is not practiced in Nepalese system. Recommendation Livelihood assistance shall be provided for business losses (if any, land or access required during implementation shall be fully compensated. 53 Chapter 4: Impact and Assessment Framework 4.1.1. Beneficial Impact The NLSIP will be beneficial to communities and the people since environmentally and socially sound management activities like integration of environmentally sound technologies (rain water harvesting, biogas, waste to energy) will be practiced. The development and compliance with Livestock Management Plan, policies, legislations, rules, guidelines, conduction of IEE/EIA and incorporation of code of practices prior the implementation of livestock project which triggers national and WB safeguard plan, and policies will help enhance beneficial impacts. The implementation as per the above and managed properly can bring environmental social and economic benefits to the NLSIP recipients/community Establishing and reinforcing a policy and regulatory framework that strengthen livestock sector. The project will support MoLD and its agencies in developing capacity for strategic sector planning and for evidence-based sector strategies that promote private sector led growth within the sector. It will enable and improve delivery of demand-driven services to livestock producers and provides adequate incentives for private sector investments in livestock. The project will support the development and implementation of the livestock- relevant sections of the Local Adaption Program of Action (LAPA) under NAPA. The project will create awareness related to environmental and social concerns and issues related to impact of livestock sector in environment and develop capacity of MOLD in environmental and social safeguard sector. The enhanced skills regarding environmental and social safeguard aspects in livestock management sector and proper management of laboratory wastes (solid and liquid) is additional benefit. The integration of environmental and social concerns in project cycle including ESMP, RAP, GESI and VDCP will ensure the compliances in relation to environmental and social safeguard requirements for NLSIP. The cattle markets developed in an environmentally friendly manner will be sources of income for the local governments. The livestock services delivered to smallholder farmers by environmental friendly technologies will support implementation of breeding, restocking and herd improvement programs. Promotion of community-based approach to a productive, comprehensive management of rangelands and pastures takes into account evolving carrying capacity of livestock in fragile environments slowly adapting to changing climate. The learning programs regarding environmental and social safeguard requirements, environmentally friendly technologies will benefit livestock producer groups and cooperatives as well as livestock entrepreneurs. The NLSIP supports national action plan for the eradication of FMD and PPR. The creation of positive enabling environment for certified vaccines manufactured in-country adhering with environmental standards will strengthen the veterinary quality control and animal nutrition laboratories to carry out adequate quality control tests on veterinary drugs, animal feed and feed ingredients according to set environmental standards. Hence, it will create better and hygienic environment for livestock and subsequently livestock products will have better environmental practices and market accessibility. There will be positive impacts in terms of healthy meat and milk production, creation of employment, improved accessibility to trade, agricultural activities, and social-economic condition of communities. 54 4.1.2. Likely Adverse Impacts of NLSIP Animal waste is a concern of management. The livestock industries emit large amount of carbon dioxide, methane, and other greenhouse gases. The land used for animal grazing, as well as the land that goes to specialized crop production for livestock animal diets, often causes mass scale deforestation. Feed production also required intensive use of water (for irrigating animal feed and nourishing the animals), fertilizer, pesticides, and fossil fuels. Livestock are estimated to be the main inland source of phosphorous and nitrogen contamination, contributing to biodiversity loss. Livestock's presence in land and its demand for feed crops contribute to biodiversity loss. Livestock sector accounts for 9 percent of carbon dioxide emissions derived from human related activities, as well as approximately 37 percent of methane emissions primarily gas from the digestive system of cattle and other domesticated ruminants, and approximately 65 percent of nitrous oxide gases, mostly from manure. Human health also is affected by pathogens and harmful substances transmitted by livestock. Emerging diseases, such as highly Pathogenic Avian Influenza, are closely linked to changes in the livestock production. Major likely issues of indigenous and vulnerable people identified are social exclusion, low level of involvement in decision-making and low level of involvement in commercial livestock activities. The likely waste management issues of slaughter house, intensive energy requirement and other issues associated with powder plant construction are some of the likely adverse impacts of the project. Policy provisions as specific measures to safe guard interest, livelihood, culture and tradition, and customary rights of indigenous people are key to be integrated in NLSIP. The Indigenous People Development Plan (including Dalit issues) will adopt strategies geared towards inclusion, greater participation and involvement in commercial agriculture, capacity building along with specific measures either through direct project funds or from other sources. The policy framework ensures meaningful consultations with them throughout project preparation and implementation, and guarantees them assistance in accordance with their own priorities. The gender issues in livestock sector is identified during the field surveys are lack of awareness, low level of literacy, denial of opportunities, low level of participation in decision-making, low level of technical knowledge, disparity on wages, and limited access to markets. 4.2 Examples of Likely Environmental and Social Impacts and proposed mitigation measures of NLSIP Sub Projects Sub Project and their Potential Environmental and Social Impacts Subproject Forming and strengthening of livestock farmers organization, cooperatives, commodity associations, and other value chain participants Likelihood of excluding disadvantaged and marginalized group/communities such as women and vulnerable people, indigenous people, , differently able people, Dalits and Madeshis Sub Project Local public infrastructure, livestock infrastructures support Social impacts associated with land acquisition for construction, may displace people losing all or part of their prime land or other permanent assets. •Land use change in the construction area 55 •Obstruction of drainage pattern in the slope instability crating major problems of erosion. •Increased safety risks due to handling of machinery Used in livestock farm, projects like slaughter house, dairy, etc •Health impacts on construction workers due to dust and noise pollution, Accidental Injuries to construction of facilities for livestock service centers, and other associated constructions of NLSIP •Use of child labor and discriminated wages based on gender. Suggested mitigation measures: Adherence with RAP, incorporation of best engineering practices in construction, integration of environmentally friendly design, strictly follow Child Labor Act, and other relevant legislations. The detail mitigation measures are obtained from construction phase impacts and mitigations listed below in table Sub Projects: Establishment and support to veterinary laboratories (including support for construction of ancillary facilities like water treatment plant, sewage treatment plant etc) Physical Issues related to consumption of water and energy Issues related to major polluting agents are animal wastes, antibiotics, hormones, chemicals Phosphorous and nitrogen contamination of water bodies Radioactive contamination of land, water and air due to unsafe disposal including drainage to agricultural fields. Unpleasant view of the environment due to haphazard disposal of lab generated bulky wastes and hazardous wastes. Socio-economic Health impacts on citizens, waste collectors/street vendors, resulted from unsafe disposal of chemicals in the environment and lab. •Occupational health hazards due to potential exposure to pathogenic micro- organisms, risk of fires, explosions, asphyxiation, poisoning. •Health impacts on due to exposure to harmful chemicals and to untrained lab workers. Biological •Contamination of vegetation (trees, crops etc.) due to unsafe disposal practices. •Pollution of water bodies leading to impact on aquatic communities. •Chemical contamination of ecosystems threats to the integrity of living species. Suggested mitigation measures: Adherence with air, water, noise, soil, waste water standards of the GoN, construction of environmentally friendly technologies like water and waste water treatment, introduction of 3R concepts, Development and implementation of environmental manual for the laboratory etc 56 Sub Project: Large Scale Livestock Production Farm Establishment (Cattle, Goat, Chyangra) Physical High water and energy requirement, concern of animal wastes (green manure, straw, fodder etc), dust pollution, water pollution, soil pollution, issues of pesticide and herbicide residues in water, issues of odor, flies, rodents, emit large amounts of carbon dioxide, methane and other GHG, issues related to climate change due to livestock Biological Degradation of pastureland due to grazing or feed production, use of fossil fuels, biodiversity loss, Socio-economicAffect on human health by pathogens and harmful substances transmitted by livestock, employment of child labor, disparity in wages between male and female workers, conflicts related to land and property, issues related to grazing in public land/others land Mitigation Measures Development of IEC (information, education, and communication) brochure by the NLSIP and its wide distribution at grass root level to increase the level of awareness and knowledge regarding environmental conservation and to understand and implement social safeguard measures Improving the water efficiency, energy efficiency system in farms, promotion of composting, integration of waste water treatment facilities Rational use of ground water (extraction within permissible limit) Control of flies, rodents, and odor Farmyard manure could be prepared by slurry farm shed and dung of animals. This fertilizer makes the field more fertile rather than chemical fertilizers. Biogas: Dung is decomposed and changed in the form of methane in digester and used for various purpose like cooking, heating etc Controlling access and removing obstacles to mobility on common pastures, use of soil conservation measures and sylvopastoralism, together with controlled livestock exclusion from sensitive areas Payment schemes for environmental services in livestock based land use to help reduce and reverse land degradation Improving animals diets to reduce enteric fermentation and consequent methane emissions and setting up biogas plant to initiatives to recycle manure Equal opportunity employment, no disparity in wages, establish good rapport with neighbors NLSIP Support Services Livestock resource centers, Livestock research, Extension, Livestock-business development, Livestock related enterprises, Livestock resource centers at farmer’s level, water and waste water treatment, Biogas and composting Physical Chemical contamination of land, water and air due to unsafe disposal of wastes to agricultural fields, and due to seepage of leachate from compost plants. •Air pollution due to generation of gases like Ammonia, Methane and Nitrous oxides, Odor Pollution, Loss of amenity due to waste storage: visual intrusion, windblown litter, attraction of flies and rodents. 57 •Heavy metal pollution of land and water caused by application of compost manufactured by using Municipal solid waste and sewage sludge and also due to disposal of anaerobic digestion effluents. •Emissions of raw (unscrubbed) biogas from leaks in the gas collection system Biological: Contamination of vegetation (trees, crops etc.) due to unsafe disposal practices. Socio-economic •Land acquisition problems for large-scale compost and/or biogas productions. •Health impacts on citizens resulted from unsafe disposal of chemicals in the environment. •Health hazards associated with odour pollution and consumption of contaminated water. •Occupational accidents due to methane emissions during waste storage: risk of fires, explosions, asphyxiation, poisoning. •Public health issues: methane build-up in residential areas (risk of fires and explosions) from leaks in gas collection system. The Environmental and Social Management Framework (ESMF) will be used during project implementation. The ESMF will provide clear steps, processes, procedures and responsibilities including various tools. The ESMF will be followed for ensuring environmental and social integration in the planning, implementation, and monitoring of project supported activities. For ensuring good environmental and social management in the proposed project, the ESMF will provide guidance on pre-investment works/ studies (such as environmental and social screening, environmental and social assessment, environmental and social management plans, etc); provide a set of steps, processes, procedures and mechanisms for ensuring adequate level of environmental and social consideration and integration in each investment in the subproject-cycle; and describe the principles, objectives and approach to be followed to avoid or minimize or mitigate adverse impacts. Specifically, ESMF has the following:  Environmental and social Issues that need to be considered while planning and design of different type/categories of Sub projects (annex-4) includes environmental issues to be checked/verified during project planning  Environmental and social screening checklists/formats: criteria, process, procedures, steps, time, and responsibility as well as necessary tools (format, checklists etc) for environmental and social screening of the investment under the proposed program. ( Annex 5) Environmental screening and categorization will be proposed by recipient stakeholder of NLSIP, and endorsed by NLSIP. This will be done during the selection of project and shall be an integral component of pre design phase. The detail screening checklist is included in annex 5 Environmental review/analysis of each relevant NLSIP component is required to flag likely environmental issues in the proposed activities. It is advisable to flag environmental issues in such components. Each component of NLSIP which are related to infrastructure development will go through environmental screening in order to identify relevant 58 environmental concerns as well as suggest any further investigation and assessment is necessary. This will be done during pre-feasibility study. Pre-feasibility team requires collecting/furnishing detailed information on environmental setting of the NLSIP supported project area. The expert assigned from NLSIP will review the sub project, environmental setting, and propose environmental category. Based on the environmental risks perceived, the proposal may fall in one of the following four categories: 4.2.1 Environmental Screening Criteria Category I- Negative Listing of Sub-Projects: Sub-projects/ activities under NLSIP in the category of ‘Negative Listing’ (annex 6) shall be rejected during screening. Category II - Sub-Projects under NLSIP requiring EMP. Threshold environmental criteria for sub-projects requiring IEE or EIA are identified on the basis of Environment Protection Act and Regulations 1997 as well as based on potential short-to-long-term adverse environmental impacts and their sensitivity. The sub project requiring EIA are excluded for funding. The activities/sub projects which trigger the IEE requirement shall be given low priority or avoided as far as possible (rational: IEE report preparation takes long time and its approval also takes substantial time). In case, if project requiring IEE is essential for funding, prior consent of NLSIP is necessary. In such cases, NLSIP will initiate for conducting IEEs and its approval through concerned ministry. However, each sub project under NLSIP with minor to major degree of environmental issue shall prepare Environmental Management Plan (EMP) except projects which falls in category III. Category III – Subproject /Activity requiring ESMP The eligible subprojects activities under NLSIP that are not under the IEE requirements, but their implementation could still have some adverse environmental impacts (not significant); they fall under this Category III. The NLSIP activities which triggers environmental and social safeguard requirement of GoN and the World Bank should present Environmental and Social Management Plan of sample activity which identifies foreseeable potential environmental and social impacts of the activity and recommends the appropriate mitigation/management measures to eliminate, minimize, or manage these environmental impacts. Format and sample ESMP is shown in (Annex-7 and 8) Category IV Environmental Code of Practice The EMF contains generic Environment Code of Practice (ECP) that could be adapted to all activities associated with NLSIP. The ECP will be included in the clauses of the contractual agreements. These ECP will be modified and improved and new sector ECP will be developed during project implementation phase. For that project that only requires use of environmental code of conduct, environmental officer (with support from NLSIP) will prepare sub project specific environmental code of practice or a simple EMP, which will be approved by NLSIP. Examples of code of practices are enclosed in annex 9  Procedures for conducting assessment. Steps, process, and procedures to be followed in different levels of environmental and social assessment (limited or full assessment). 59 This suggests ways to integrate findings of environmental and social processes with the activity planning and implementation processes.  Sample activity level Environmental and Social Management Plan. The NLSIP activities which triggers environmental and social safeguard requirement of GoN and the World Bank policies require presenting Environmental and Social Management Plan identifying foreseeable potential environmental and social impacts of the activity and recommends the appropriate mitigation/management measures to eliminate, minimize, or manage these environmental impacts. Format and sample ESMP is shown in (Annex-5 and 6)  Project level environmental and social monitoring framework. ESMF monitoring shall be integral part of overall project monitoring system. This also includes mechanism to measure the indicators.  ESMP Implementation: This will define specific roles, responsibilities, and authority of involved institutions (their environmental units/ focal points) with regard to environmental and social management in the proposed project . ESMP will identify the impacts and the mitigation measures together with the cost.  Capacity strengthening Measures: Drawing from the capacity assessment and gaps identified, the ESMF includes a, measures for strengthening environmental and social aspects management capacity of the involved parties in accordance with their role and functions.  Consultation and Information Disclosure. Within the overall objective of efficient and effective environmental and social management in the proposed project, a consultation and information disclosure framework is proposed. This provides guidance on appropriate ways of holding consultations: whom to consult, why and how to consult, and what after consultation. The ESMF will be disclosed at MoLD, and World Bank web site, and widely disseminated to the DLSO and other stakeholders through orientation, and print media.  Environmental codes of practices. Standard good practices that are to be complied (do and do not do) for most likely types of activities/ subprojects.(Annex 7) Environmental and social considerations should be envisioned right from the stage of project identification. In general, projects are identified based on the technical requirement and need assessment, so the project selected without environmental and social considerations can lead to serious environmental and social problems, creation and even failure of project sometimes. While identifying projects or collecting demands from stakeholders, possible alternatives should also be foreseen and noted. The NLSIP will collect the information on environmental and social setting; possible beneficiaries and possible generally foreseen environmental and social impacts of each alternative should also be taken from the proposers or demand providers. The sub project proposers and general public should be made aware of the environmental and social consequences of project implementation and should be requested to choose environment and socially acceptable projects right from the project identification to avoid environmental problems at later stage in NLSIP. 4.3. Process for Managing Environmental Impacts The ESMF for NLSIP is prepared dealing with avoidance and minimization of the likely adverse impacts for the project as a whole. The ESMF proposes measures to minimize and mitigate environment and social impacts through all stages of the project. Proper integration of findings from the safeguard studies and public consultation process into the planning/decision-making process and engineering outputs (design and bidding 60 documents) would help in avoiding/reducing the environmental and social issues that may arise due to the project. To ensure that sub-projects do not cause any significant adverse impacts, the identified subprojcts will undergo an environment and social screening process using the checklist given in the annex. In case the screening report reveals the possibility of occuring significant adverse impacts, the sub-project/s in question will require a detailed environmental assessment and preparation of mitigation/management plans. The key steps for managing any potential adverse environmental impacts are outlined in the table below: Table 17: Key Steps for Managing Environmental Issues Stages in Steps in the Assessment Process Sub-Project Cycle Sub-Project Environmental and social screening to determine key issues and Identification & Pre- appropriate selection of site. Feasibility Studies Field verification to determine whether exclusion criteria have been adhered to. Project Design Consultation with key stakeholders (for sub-projects Preparation of Environment and Social Management Plan for that do not require sub-projects not requiring detailed assessment (Category II detailed projects) assessment) Integration of the ESMP into the Bidding Documents Initial Environmental Examination (IEE)/EIA: Assessment of environmental impacts to determine level and scope of EA, Social Impact Assessment (SIA) Baseline Data Collection: Identification of environmental and socio-economic conditions; collection of relevant socio-economic and subproject related data. Environmental Impact Prediction/Assessment: Assessment of impacts in terms of characteristics such as magnitude, extent, duration and significance in quantitative terms as far as possible; Project Design describe all reasonable alternatives, including preferred and ‘no project’ options. (for sub-projects that require detailed Mitigation Measures Design: Design to avoid, reduce and assessment) minimize adverse environmental and social impacts and enhance beneficial impacts Public Consultation and Participation: At various stages in the assessment process to ensure quality, comprehensiveness and effectiveness of the stakeholders’ participation and to adequately reflect/address their concerns. Preparation of Environmental and Social Management Plan (ESMP): Determination of specific actions to be taken during engineering design and construction stages for infrastructure projects and for others project concept note preparation stages to minimize or mitigate negative impacts and enhance the positive impacts. 61 Stages in Steps in the Assessment Process Sub-Project Cycle Report Preparation: Summary of all information obtained, analyzed and interpreted in a report form; Sub-Project Review and Approval of Technical and Safeguard Report/s: Approval Review of report/s to assess if all possible issues have been adequately addressed to facilitate the decision-making process- decide if project should proceed, or if further alternatives must be examined or totally abandoned. Integrate ESMP into subproject design. bidding documents, NLSIP project cycle Implementation Orient / train the stakeholders, contractors and other field staff on ESMF requirements. Supervise, Monitor and Regularly Report on ESMP compliance (if contractor is used, environmental and social clauses should be part of bidding document and monitoring by the supervising engineer/or MOLD/or by other related entity should be mentioned) Determine clean-up and site rehabilitation before Completion and Final Bill Payment Take corrective actions, as and if necessary Post-Construction Maintenance and Operation to include ESMP compliance of post-operation stage Flow of Environmental Management for NLSIP Environmental Screening Sub Project Requiring Sub Project Requiring EIA Sub Project Requiring Sub Project Requiring IEE EMP Code of Practices Monitoring, Reporting 4.4. Pest Management Plan 62 The subprojects to be implemented under the Nepal Livestock Sector Innovation Project might involve use of veterinary chemicals and animal health products in excess of recommended dosages in anticipation of higher returns. Therefore, as a matter of precaution to address any potential and unforeseen consequences arising out of their use and disposal of chemicals on both human health and the environment (soil, water, air), a Guide on Safe Use of Animal Health Drugs and Chemicals will be prepared. The pests used in this project include antibiotics, deworming, seed treatment etc. It is for the above reason, the World Bank safeguard policy on Pest Management (OP 4.09) has been triggered and as a result, MoLD is required to prepare Pest Management Plan1 as a standalone document. PMP shall be prepared within 6 months of execution of project. PMP Objectives The objective of the Pest Management Plan is to: • Promote the use of environmentally friendly practices (hygienic, cultural, biological or natural control mechanisms and the judicious use of chemicals) in pest control; • Effectively monitor pesticide use and pest issues amongst participating farmers/cooperatives/farms/recipient under NLSIP • Work in close coordination with PMPaction plan in the event that serious pest management issues are encountered, and/or the introduction of technologies is seen to lead to a significant decrease in the application of pesticides; • Ensure compliance with national standards, laws and regulations; • Ensure compliance with World Bank safeguard policy OP 4.09; and Challenges and Potential Impacts The impacts and challenges identified include: • Likely pollution of water resources and aquatic life from pesticide usage; • Poisoning from improper use of pesticides by farmers and farm assistants; • Impact from improper disposal of pesticide containers; • Large scale production losses from fruit fly and armyworm outbreaks; • Production losses from threats from other crop pests and diseases; • Abuses associated with pesticide supply and sales; and • General health and safety of farmers and environmental hazards. Likely Program to meet PMP requirements • Formation of a Safeguard Team or subject matter specialist • Registration and training of all interested pesticide distributors/resellers under the Project • PMP Communication and IPM/PMP Orientation Workshop • Education and awareness creation 63 • Pests Inventory and Monitoring Measures • Stakeholder and Interest Group consultation and Involvement • Prevention of new Pest Infestations and management of established Pests • Institutional Arrangements and Training Responsibilities • Participatory Monitoring and Evaluation • Ensuring Sustainability • Reporting and Management Reviews 4.5. Process for Managing Over-all Social Impacts of NLSIP The key steps are essentially the same as for dealing with the environmental issues – screening, assessment and preparation of mitigation plan. Social Management Framework (SMF) is the instrument that provides the necessary guidance to identify and address the potential social concerns or impacts of a project right from the planning stage to its implementation and post-implementation operations. 4.5.1 Social Screening Every sub-project proposal to be funded under the NLSIP is subject to social screening process before it is selected for inclusion in the project. 64 Social Screening Flowchart Site Identification Filling of Social Screening Questionnaire No Yes Does the project activity result in any potential social impacts ? Proceed with implementation of sub - project activity Does the sub - project No activity affects more than 200 people (i.e . either complete or partial loss of assets and / or livelihood ) Yes No Has an abbreviated Resettlement Conduct Social Impact Assessment (SIA ) Action Plan ( RAP ) based on the and prepare a full Resettlement Action Entitlement framework provided in the Plan (RAP ) based on the outcome of the ESMF been prepared ? SIA Yes Is the RAP adequate and Disclosed to those affected ? No Strengthen the RAP or Yes Consultation process Yes Prepare Indicative Provide appropriate compensation to the Resettlement Action Project Affected Person (PAP ) or Plan (RAP ) community as per the RAP Proceed with implementation of sub - project activity Figure: Social Screening for NLSIP; Flow Chart showing Key Steps Screening is the first step in the ESMF process. The purpose of screening is to get an overview of the nature, scale and magnitude of the issues in order to determine the need for conducting SIA and preparing Resettlement Action Plan (RAP). After identifying issues, the applicability of the Bank’s environment and social safeguard policies is established along with Government of Nepal’s regulatory requirements. Based on this, boundaries and focus areas for the SIA along with the use of specific instruments are determined. During the interaction with the PMT personnel and in stakeholders' consultation it was mentioned that no land acquisition will take place in NLSIP. Due to this reason, the Bank's Involuntary Resettlement Policy -OP 4.12 doesn't seem to be triggered in NLSIP. However, as a precautionary measure of GoN legal measure and the World Bank policies, the Resettlement and Rehabilitation requirements have been specified in this document. If in future, the project requires acquisition of land, then only the GoN and WB policies will be triggered and necessary steps will be followed to mitigate adverse impacts related to land acquisition. . 65 Though it is envisaged that the subproject activities will have very generic social issues that are manageable through standards and codes of practice, there might be some sub- project activities proposed in due course, and/or impacts. The possibility of such an issue arising in the sub-project site will be identified during the screening process. The screening format has been designed to identify sub-project/s with potential social issues that may need to be addressed at the project planning stage. The screening process intends to: a) Determine potential impacts of selected activities under each component as to whether they are likely to cause negative social impacts b) Determine the scope and focus of detailed social assessment c) Helps in making appropriate decision about inclusion or exclusion of the site/location under consideration. The envisaged activities and scope of NLSIP may not require SIA or RAP. However, the short term impact on livelihood and access to facilities and properties of household may prevail. Such impacts (if any ) shall be well documented. 4.6. Social Impact Assessment (SIA) Social Impact Assessment analyses, monitors and manages the intended and unintended social consequences, both positive and negative, of planned interventions (policies, programs, plans, projects) and any social change processes invoked by those interventions. Its primary purpose is to bring about a more sustainable and equitable biophysical and human environment.The project will undertake a survey individuals, families and community likely to be affected by the project. The following information of the project affected families will be gathered:  Information on residences, information on trade, occupation or vocation.  The community members likely to losehomes, commercial establishment, agricultural land, employment or are alienated wholly or substantially from the main source of communities' trade occupation or vocation or losing any other immovable property.  Agricultural laborers and non-agriculture laborers, livestock farmers.  Loss of access to private property or common property resources.  Information on families belonging to dalit and janjati groups  Vulnerable persons such as the disabled, orphan, widow, elderly dependent to others for immediately and long term livelihood. The project on completion of the survey will disseminate the survey results among the affected community. 4.7. Scope of Resettlement Action Plan Based on the social impact assessment survey, project will prepare an action plan to mitigate or minimize the adverse impacts as identified during the survey. The draft mitigation plan in form of resettlement action plan (RAP) will be again disseminated among the affected individuals / community. The feedback received from the affected groups will be incorporated to the extent possible before finalization of the RAP. The Resettlement Action Plan (RAP) shall contain the following particulars. 66  The extent of area to be acquired for the project, the name(s) of the corresponding wards of particular project area and the method employed for acquiring land with the relevant documentation.  List of project affected families and likely number of displaced persons by impact category including the encroachers and squatters.  The type, extent and nature of land and immovable property in their possession indicating the survey numbers thereof held by such persons in the affected zone;  Socio-economic census survey of affected people by subproject including income/asset inventory of PAPs.  A list of agricultural laborers in such area whose livelihood depend on agricultural activities;  A list of persons who have lost or are likely to lose their employment or livelihood or who have been alienated wholly and substantially from their main sources of occupation or vocation consequent to the acquisition of land and / or structure for the project;  Information on vulnerable groups or persons for whom special provisions may have to be made;  List of permanent business owners in project areas  Inventory of hawkers (if possible)  A list of public utilities and government buildings which are likely to be affected  A comprehensive list of benefits and packages which are to be provided to project affected families by impact category  Details of the extent of land available which may be acquired in settlement area for resettling and allotting of land to the project affected families  Details of the basic amenities and infrastructure facilities which are-to be provided for resettlement  Entitlement matrix  Time schedule for shifting and resettling the displaced families in resettlement zones  Grievance redressal mechanism  Institutional mechanism for RAP implementation  Monitoring and evaluation indicators and mechanism  Budget 4.7.1. Preparation of Resettlement Action Plan (RAP) Having identified the potential impacts of the relevant activities under NLSIP component, the next step is to develop action plan to mitigate the impacts. The RAPs provide a link between the impacts identified and proposed mitigation measures to realize the objectives of involuntary resettlement. The RAPs will take into account magnitude of impacts and accordingly prepare a resettlement plan that is consistent with this framework for Bank approval before the sub-project is approved for Bank financing.  Sub-projects that will affect more than 200 people due to land acquisition and/or physical relocation and where a full Resettlement Action Plan (RAP) must be produced.  Sub-projects that will affect less than 200 people will require an abbreviated RP.  The above plans will be prepared as soon as subproject is finalized, prior to Bank’s approval of corresponding civil works bid document.  Projects that are not expected to have any land acquisition or any other significant adverse social impacts; on the contrary, significant positive social impact and improved livelihoods are expected from such interventions. 67 4.7.2. Sub-Project Approval In the event that a sub-project involves land acquisition, compensation payment and loss of livelihood or shelter, the project shall:  Not approve the subproject until a satisfactory RAP has been prepared and shared with the affected person and the local community; and  Not allow works to start until the compensation and assistance has been made available in accordance with the framework. Environmental Monitoring The process of Environmental Monitoring intends to identify environmental compliance and management system implementation gaps, along with related corrective actions.Compliance to the environmental processes as well as implementation of necessary mitigation measures/ actions will be monitored at different levels and by different agencies. Regular monitoring will be done by the recipient office/party. Recipient progress report will contain status of environmental mitigation works (activities implemented, issues encountered, new issues etc). The subproject progress report submitted by the recipient will contain environmental status, mitigations works implemented, difficulties faced, and unforeseen issues that may have arisen. The quarterly compliance monitoring will be done by NLSIP. Field based monitoring assessment will be conducted annually. NLSIP may outsource the monitoring as and when necessary. The monitoring report will be used by the implementing agencies for further improving the compliance. 4.8. ESMF Implementation Arrangement The overall implementation of the ESMF will be the responsibility of NLSIP. For clarity, the implementation arrangements have been discussed below considering two scenarios: i) preparation phase ii) implementation phase 4.8.1. Preparation Phase The proposals received from the beneficiary entity/stakeholder for NLSIP supported activities will be screened as per the requirement of ESMF. The proposals will be framed to contain information needed for the screening (beneficiary institutions may be asked to provide additional information if the information is not sufficient). The screening will determine whether there is need for further activities like IEEs or EMPs. The responsibility of preparing IEE/EMP will be with the beneficiaryinstitution/entity. However, considering the weak capacity of some of the party/entity technical support/guidance will be provided by NLSIP as and when necessary. During the preparation phase NLSIP will give training awareness program to all the recipient institutions on EMF. The project support proposal will not be accepted until all environmental safeguard requirements are cleared. 4.8.2. Implementation Phase The recipient institution will be responsible for implementing environmental mitigations, obtaining necessary permits (if needed), implementing the EMPs and management plan cited in the approved IEEs etc. NLSIP will give technical support/ guidance to the party/institution whenever required, environmental and social specialist may be outsourced as necessary. Regular monitoring of the environmental and social issues will 68 be conducted by the recipient institution and the report will be submitted to NLSIP as part of the periodic progress report. The compliance monitoring will be conducted by NLSIP, outsourcing the tasks to experts as necessary, on quarterly basis which will be used for further improving the safeguard compliance. This report will also be shared with the WB. The findings of compliance monitoring will be discussed with the relevant recipient institution for necessary action. 4.9. Technical Support for Implementing Environmental and Social Safeguard Measures in NLSIP The environmental and social safeguard consultant will be recruited by the NLSIP and work directly under the project director to ensure the compliance with environmental and social safeguard measures. The consultant will introduce the environmental and social safeguard requirements in livestock sector, train the livestock experts in areas of environmental and social safeguard. The consultant shall provide "on the ground" training to prepare site specific EMP and to fulfill the requirements of ESMF for NLSIP. The roles and responsibilities of personnel engaged in ESMF compliance are as follows Table 18 Title of Person Roles and Responsibilities Remarks Project director Project planning, monitoring, evaluation Work as a liaison between the GoN and the WB, Ensure compliance with ESMF throughout the NLSIP Quality Control/Quality Assurance on ESMF/EMP Finalization of report, correspondence with WB Environment and Assist the project director for ESMF compliance Social Safeguard Assist the environmental officer/DLSO and recipient Consultant on preparation of site specific EMP, provide training and technology transfer to recipient entity, conduct IEE/EIA of project (as deemed required) Integrate environmental and social aspects in monthly reports, progress report Involve in providing trainings to the RLSO and recipients on environmental and social safeguard measures Through the project director coordinate with the World Bank in ESMF related matters Revise and update ESMF (as deemed required) Environmental Screening of proposal as per ESMF, provide Officers recommendations to PMT on proposals Facilitate the stakeholders in getting decisions and support the awardees in streamlining ESMF aspects in proposal and overall project cycle 69 Perform compliance monitoring, impact monitoring, ensure the site specific mitigation Provide environment and social safeguard related trainings project recipients Preparation of monthly, annual report summarizing environmental and social report of projects. Support the RLSO in ESMF related matters DLSO DLSO will perform the daily monitoring which shall DLSO Or be Compliance with ESMF, as per requirement the person DLSO should intiation in preparation of EMP, site responsible specific monitoring for oversight activities on the ground Monitoring Monitoring of compliance of ESMF and EMP by the Expert MoLD or third party 70 CHAPTER 5: Involuntary Resettlement and Vulnerable Community Development Framework 5.1 Resettlement Policy Framework The framework includes Vulnerable Community Development and Gender Development Plan. The Resettlement Policy Framework (RPF) provides norms and procedures to screen, assess, and plan land acquisition and resettlement activities for sub-projects that are prepared and approved during implementation of the NLSIP in full compliance with WB’s Involuntary Resettlement Policy as well as applicable laws of GoN. 5.2 Key Policy Norms and Principles The resettlement principles adopted for NLSIP recognize the Land Acquisition Act, 2034 (1977) and the requirements of the World Bank (WB) policies on Involuntary Resettlement, Indigenous People and other relevant acts, policies and guidelines related to urban development. The RPF has been prepared based on the general findings of the reviews of literatures and stakeholder consultations at the central and municipal levels. The details of the principles are presented in the table below. Table 19. Principles and Corresponding Guidelines to Execute Resettlement Policy Principles Guidelines Principle 1: Land acquisition and involuntary resettlement will be avoided Minimize human where feasible or minimized to the extent possible through the displacement and incorporation of social considerations into project design options. resettlement For example ,in the case of any activities where land acquisition wherever may be required and land, house or assets may be affected, , possible. while selecting the sub-project, the Executing Agency (EA), in this case the NLSIP will explore design and site alternatives and option for the design and site alternative involving minimum land and resettlement impacts. The objective should be to avoid impact on productive land and economic assets, shelter and cultural properties. Principle 2: As soon as the site/land/RoW is identified for any activity, a Social Identify all Project Screening will be undertaken to broadly estimate the involuntary impacts and resettlement and IP-VC impacts. record all losses Based on the findings of the Social Screening, if the impacts are properly. minimal, an abbreviated Resettlement Action Plan will be prepared which will record impacts in detail through a Census Survey. If the Social Screening shows substantial impacts requiring a full RAP, a Social Impact Assessment (Census Survey supplemented by a Socio-Economic Survey) will be carried out to record all the impacts in detail. A database of all project Affected Persons/Families ( PAPs/PAFs) will be established which will include information on the following: landholdings; non-retrievable loss of buildings and structures to determine fair and reasonable levels of compensation and mitigation; 71 Principles Guidelines census information, detailing household composition and demography; and Current income streams and livelihood of the families. The asset inventories will be used to determine entitlements of individual families/persons; severely project affected persons/families; The socio-economic census data will be used to monitor how the affected households are able to re-establish their shelter and livelihoods with the resettlement and rehabilitation benefits provided by the Project. All information will be entered into the database to facilitate planning, implementation, and monitoring and evaluation. Principle 3: Plan Land acquisition and involuntary resettlement activities will be and implement integral part of the project planning an implementation through the land acquisition following steps. and resettlement Land acquisition and resettlement costs will be built into the activities as an overall project budget as an upfront cost; integral part of the The design and site layout will be prepared with social screening Project. in order to avoid/minimize LA and IR impacts; Detail Project Report (DPR) for the sub-projects will incorporate Social Screening/SIA findings and the RAP and IPVCDP An organizational framework will be established ensuring coordination of the roles and responsibilities of the social development and engineering units so that the schedules for LA and R&R and the civil works are properly linked; These arrangements should ensure that payment of compensation, resettlement are completed before site clearance. LA process and key resettlement actions must be completed prior to award of civil works Principle 4: Inform Disclose and disseminate information on sub-project at feasibility and hold public stage; consultations with Disclose and disseminate Social Screening and SIA results (LA affected people and R&R impacts) before preparing RAP and IP-VCDP; during planning Disclose and Disseminate Entitlements, compensation and RR and assistance payment schedule; RAP Implementation Plan; and implementation. Grievance Procedure during RAP preparation and implementation; Pay special attention to the following: inform people in time about of project proposals and implementation schedules; consult people on measures to restore their shelter, and livelihoods, and ensure their participation in design and implementation; and Inform affected families about relocation and land acquisition dates sufficiently in advance of actual implementation. 72 Principles Guidelines Principle 5: AssistThe Project implementing agencies will take the following steps to the affected enable the affected families to restore and improve their persons to livelihoods through the following provisions: restore, and Provide compensation at replacement rates for all loss and ultimately to damage caused to land and assets. improve, their Offer fair, equitable and prompt compensation for the loss of livelihoods to assets attributable to the project including to those without title to conditions equal land where such asset is established provided that their eligibility or better than for such assistance has been confirmed with the local community. their earlier status. support to re-establish lost or damaged shelter/shop any other structure through cash and/or, alternative site and/or, building at replacement value; relocation assistance including displacement allowance where physical relocation is required; and Support for livelihood restoration and community development. Principle 6: Bank has developed gender strategy for 2016 to 2023 entitled Principle on Gender equality, poverty reduction and inclusive growth. The gender strategy outlined the Bank’s objectives related to gender equality and suggested how the objectives are to be operationalise within the institution, noting that gender equality is central to the Bank’s stated goals of ending extreme poverty and boosting shared prosperity. The achievement of gender equality and empowerment of all women and girls as articulated in Sustainable Development Goal 5 is at the centre of the strategy. The strategy outlined three objectives: 1) improving human endowments, such as education, health and social protection; 2) increasing economic opportunities by focusing on removing constraints to more and better jobs and ownership of and control over assets; and 3) enhancing women’s voice and agency and engaging men and boys. With these objectives the strategy recognized “structural barriers to women’s economic participation� such as sexual and reproductive health, violence against women, women’s political participation, and especially the burden of unpaid care work. In terms of implementation, it places emphasis on outcomes and results. This includes strengthening the country-driven approach, especially emphasizing the value of collecting sex-disaggregated data, disseminating evidence of what works, and adopting a more strategic approach to gender mainstreaming, including developing a more robust monitoring system. The Bank also identified leveraging of the private sector as key to effective gender equality outcomes. Principle 7: Special attention to adverse impacts on vulnerable households Special support to (elderly and physically disabled, female-headed households, enhance project Dalits and indigenous groups who may be vulnerable to changes benefits for the brought about by project activities or excluded from its benefits. Indigenous Members of these groups are often not able to make their voice people and heard effectively, and therefore may need special support in 73 Principles Guidelines vulnerable accessing their entitlements and getting their grievances groups. redressed. NLSIP will assess and compensate for any loss of or adverse impacts on their traditional rights to land and other natural resources, communal property resources; The NLSIP will design and implement projects in a manner which does not adversely impact their social and cultural traditions and their traditional access to land and other natural resources. Any subsequent losses resulting from the project will be assessed and mitigated. Principle 8: Grievance handling mechanism is to be instituted at NLSIP Grievance and Independent monitoring agency will be instituted to carry out monitoring periodic review of the safeguard due diligence with regard to land procedures will be acquisition, resettlement and livelihood restoration. in place. Monitoring will be an ongoing activity involving internal monitoring, and periodic external review using quantitative and qualitative methods; Principle 9: Resettlement planning will take account of: Resettlement any current/planned government developments in the project area, planning will take including initiatives to address poverty; and account of the any current/planned NGO/funding agency initiatives in the region. local socio- economic development context. Principle 10: Resettlement planning and implementation will comply with project Resettlement policies and the provisions of relevant national legislation and WB planning and policies pertaining to: implementation environmental management; will comply with public participation and disclosure; all legal and policy provisions land tenure, occupation, acquisition and compensation; of the local government, development and service provision. Government of Nepal and the World Bank safeguard policies. Principle Sub-project planning and implementation will follow a bottom-up 11:Establish approach, allowing communities to participate in the planning and safeguard implementation. Where the local people are willing to voluntarily procedure to donate a part of their land for establishing socio-economic ensure that infrastructure such as improvement of inner urban roads and voluntary land small-scale urban infrastructure that provide direct benefit to donation does not community, the NLSIP will allow such donation on the following pose any grounds: As a first principle, APs will be informed of their right to impoverishment receive compensation for any loss of their property (house, land, 74 Principles Guidelines risks for the land and trees) that might be caused by the sub-project construction, donors and that and the land donation might be accepted only as a last option; this process No one will be forced to donate their land, and APs will have the remains purely right to refuse a land donation proposal from the EA; voluntary without In case APs are directly linked to sub-project benefits and thus are any use of willing to voluntarily donate their land after they are fully informed pressure or about their entitlement, the sub-project will assess their socio- influence. economic status and potential impact of land donation and accept land donation only from those APs who do not fall below the poverty line after the land donation. In no case land donation shall be received from families living below poverty line and those who are marginal or small livestock farmers In case land donation involves giving away of more than 10% of the total land holding, such donation may be permitted only after confirming that such donation shall not adversely affect the future economic status of the willing donor. Voluntary donation procedure will not apply to cases where this will cause any damage to private structures (boundary walls not included) In all voluntary donation cases, there should be at least two neighborhood witnesses to attest the donation form certifying that this was purely voluntary. 75 5.3 Social Screening and Categorization of Impacts on Involuntary Resettlement (IR) Screening of subproject for assessing its potential IR impacts will be carried out by the NLSIP during the project identification and prioritization process using the Social Screening Format. Based on the screening data on the extent of likely IR impacts the sub- project safeguard requirements will be categorized as the following. a. Significant (Category A) – If as a result of the subproject, about 200 or more people may experience major impacts, that is, being physically displaced from housing, or losing 10% or more of their productive (income-generating) assets; b. Not significant (Category B) – If as a result of the subproject, fewer than 200 people will be physically displaced from housing or lose less than 10% of their productive (income-generating) assets. Resettlement plans are prepared commensurate to their impacts; c. No resettlement effect (Category C) – If the subproject does not require temporary or permanent land acquisition, and there are no impacts involving the loss of land, structures, crops and trees, businesses or income. No resettlement plan is required. This category also includes temporary but not significant impacts which will have to be mitigated as a part of construction management in consultation with the PAP by the Contractor. Any subprojects that may cause significant resettlement impacts or indigenous people impacts (Category A) will require a full scale Social Impact Assessment along with Environment Impact Assessment (EIA) and will require preparation and implementation of a comprehensive Resettlement Action Plan. The aim should be to avoid undertaking such under NLSIP. The screening and categorization of impact on involuntary resettlement will be initiated by NLSIP either by the relevant staff or, if there are no such skills, then with the help of external consultants. The social screening report will be prepared by the NLSIP with the support of social safeguard specialist of grant facility administrator. 5.4 Entitlement for Various Losses An Entitlement Matrix (EM) has been developed as per this framework and outlines various types of losses that could result from a sub-project and provides for compensation and resettlement and rehabilitation benefits for various categories of affected people. The matrix lists various types of impacts and losses, application parameters, and entitlements. The matrix will apply to all sub-projects entailing IR impacts irrespective of the size of the sub-project and extent of impact. If in any stage of a sub-project, additional resettlement impacts are identified, the RAP will be updated by including provision of compensation and assistance for the additional impacts by the concerned the municipality. The entitlement matrix has been prepared in accordance with the GoN and in compliance with the World Bank safeguard policies. Following the finalization of the design, the detailed measurement survey (DMS) of the affected land and/or non-land assets and detailed census survey of the affected families will be carried out to record the actual impacts. As a part of the land acquisition, replacement cost surveys (or asset valuation) will be carried out, which will form the basis for determining the compensation for the affected land and assets. This information will be used by the Land Acquisition Compensation Fixation Committee (LACFC) for fixing up compensation amounts for the land and assets to be acquired. This valuation can also be used to inform the negotiation of land value between the officer of Chief district officer and plot owner as per the LAA, or 76 when land is to be directly purchased. All involuntary land acquisition (other than exceptional voluntary land donation) will be compensated at replacement cost and the APs will be assisted to re-establish their living standards (affected shelter and incomes) to a level equal to or better than their living condition prior to the sub-project. Under the Project, a representative from the affected persons is required to be a member of the LACFC to ensure compensation for assets is at replacement value. Where the replacement cost of the LACFC is lower than the market determined value, the local government is required to pay the difference to the land loser. In cases of disputes such as where land records are not updated or where the APs are unable to produce the desired documents or absentee land owners, then the compensation amount will be deposited in the account of the concerned Chief District Administration (CDO) office till the case is disposed. Table 20 Entitlement & Policy Matrix Types of Application Entitled Policy/ Entitlement Lost Persons/family Acquisition Entire or Titleholder Direct purchase of land through the of private, part of Tenants chief district office through negotiation tenancy, or land to be with the land owner having the Ward Committee as witness. Guthi land acquired from Land of equivalent size and category ( if available ), or cash compensation at owner of replacement cost, the In case of vulnerable group (IPs, Dalits, land as socio-economically poor, women recorded headed families), preference will be in at cut-off replacing land for land, date Any transfer costs, registration fees or charges to be borne by the project, In case there are legal Tenant (Mohi), the land owner will have to produce consent of tenant or the purchase price or compensation as described in clauses 1 & 2 above shall be apportioned 50: 50 between the owner and the legal tenant as per the Land Reforms Act, 1964, Land compensation/registration shall be paid/done in favor of both the land owner and spouse, If remaining land becomes unviable as a result of land acquisition, land owner will have an option to relinquish unviable remaining portion of land and receive similar benefits to those losing all their land parcel(s), 77 Types of Application Entitled Policy/ Entitlement Lost Persons/family Temporary Temporary Titleholder One month Prior notice before civil loss of land land Tenants works allowing the owners to salvage taken by their assets and crops; the Compensation for any damage caused sub-project to structure/assets or standing crops (The contractor will be responsible for compensating for any temporary damage to property business, assets, crops and trees during civil works which will be reflected in the contract agreement. Loss of Structures, Owner Direct purchase of structure and land by residential, buildings Tenants the through negotiation with the land commercial, including owner having the Ward Committee as Non-titled cattle (encroachers witness. and other shed, walls, and squatters) Compensation for full or partial loss at structure replacement cost of the affected toilets etc. affected by structure(s) without depreciation or the deduction for salvaged material, sub-project Displacement and transportation allowance for residential and commercial structures to cover actual transaction cost as estimated in the resettlement plan,six months of agriculture income as one time grant will be provided to AP, Prior notice of 35 days delivered to the affected family (tenants) or 3 month’s rent for tenants who have to relocate from tented building Non-titled (squatters) persons will receive compensation for structures at replacement cost without depreciation or deduction for salvaged material. Encroachers will not be provided any compensation for land, but will be provided replacement value for the structure loss. Relocation assistance to all fully displaced householdsi.e.some additional support for vulnerable households including all titleholders as well as non titleholders in both the categories (residential as well as commercial), preferential employment 78 Types of Application Entitled Policy/ Entitlement Lost Persons/family at project site or three months of minimum wages. Loss of Community The users of Reconstruction by the sub-project community facilities the leaving such facilities in an equal or (e.g. facility or better condition than they were before, structures irrigation, community or or and/or water, etc.) Cash compensation to the resources group affected by legal/community custodians at full the sub- replacement cost without depreciation project of deduction for salvaged material; or Negotiated relocation in consultation with the community Loss of Affected Owner of the Cash compensation based on annual trees and fruit/nut affected timber value of the produce and calculated crops trees and according to Department of Agriculture (DOA) norms, fodder trees Resettlement Plans to confirm that the DOA norms and techniques are sufficient and are updated regularly Affected Owner of the Cash compensation based on timber affected timber calculation of the production and and fodder and calculated according to the district trees fodder trees norms as decided by the Department of Forestry Affected Owners and Cash compensation based on local crops sharecroppers market prices for the produce of one of year and calculated as per the norms of District Agriculture Development Office, affected crops 50% cash compensation of the lost crop for the sharecroppers/legal tenant (Mohi) Non-titled persons will be informed 6 months prior to construction or provide compensation for crops. Loss of Economic Persons in the Preferential involvement in project economic opportunity subproject construction works, opportunity lost vicinity who Skills training support for economic as result of may be restoration, loss adversely Priority in poverty reduction/social of livelihood affected, development program base 79 Types of Application Entitled Policy/ Entitlement Lost Persons/family although they do not lose assets as such Loss of time Expenses All sub-project Program facilitates transportation in and travel incurred in affected official process, expenses traveling to persons Payment on the same day as other fill eligible for compensation application compensation and making claims and time lost Land Loss of land Voluntary No compensation for the donated land, Donations and donation compensation and allowances for other is accepted assets (such as house, structures) assets by only if AP: (i) is which may be partially affected due to means of subproject land donation. voluntary beneficiary and Transfer of land ownership by donation is fully negotiation (Municipality and the consulted and owner). informed about Free/escape of any transfer costs, rights; (ii) registration fees, or charges. doesn’t Preferential employment in sub-project fall below construction work poverty line Public acknowledgement of and after land appreciation for voluntary land donors donation; (iii) through concrete display boards donating up to 10% and above land holding; and (iv) freely willing to donate (with an agreement, including a "no coercion" verified by a third party) the remaining land should not be less than minimum size 80 Types of Application Entitled Policy/ Entitlement Lost Persons/family of plot or land as defined by the concerned district No donation in case of impact on structure unless the house owner has more than none house in the same town. Additional Assistance Preferential treatment in All APs Construction contracts include provision employment in project that APs will have priority in wage activities labor/employment on sub-project construction during implementation, APs shall be given priority after construction for work as maintenance workers, mandated in local body agreement Skill training and income One member of Skills training and income generation generation support each project support financed by subproject with affected special focus on women, Dalits and IPs family Resettlement Plan to include a need belonging to assessment and skills training program for APs. vulnerable group/below poverty line Priority in Poverty All APs Participation of APs, especially women, reduction/social Dalits, and IPs, with priority in saving development programs credit scheme facilitated by the sub- project, Participation of APs with priority in life skills, income generation, and other entrepreneurship opportunities 5.5 Indigenous People and Vulnerable Communities Development (IPVCDP) Framework for NLSIP Indigenous People and Vulnerable Community Development Framework (IPVCDF) is prepared to guide the preparation of activities under relevant component of the NLSIP to ensure better distribution of the benefits and promote development of the adivasi/janajatisalong with other disadvantaged social groups in all sub-project areas of influence. The IPVCDF is developed based on the national policies/strategies as well as WB’s Indigenous Peoples Policy. The principal objectives of the IPVCDF are the following. 81 a. Ensure that project engages in free, prior, and informed consultation with the vulnerable community wherever they are affected. b. Ensure that project benefits are accessible to the vulnerable community living in the project area c. Avoid any kind of adverse impact on the vulnerable community to the extent possible and if unavoidable ensure that adverse impacts are minimized and mitigated d. Ensure vulnerable people’s participation in the entire process of preparation; implementation and monitoring of the sub project activities e. Minimize further social and economic imbalances within communities f. Develop appropriate training / income generation activities in accordance to their own defined needs and priorities. 5.6 Steps for VCDP Preparation The following are the steps for preparing VCDP. a. Screening to identify whether Indigenous / vulnerable peoples are present or have collective attachment to, the project area. b. Social assessment and analysis to be carried out to address the social concerns of the subcomponent area. c. Identifying views of the affected communities by following a process of free, prior, and informed consultation at each stage of the project, and particularly during project preparation d. Institutional arrangements (including capacity building wherever necessary) for screening project-supported activities, evaluating their effects on vulnerable community, preparing VCDPs (if required), and addressing grievances. e. The preparation of Plan. f. Monitoring and reporting including the establishment of mechanisms and benchmarks appropriate to the project. g. Disclosure of the draft Plan 5.7 Relevant Policies on IPs and other Vulnerable Communities Nepal does not have a standalone policy on Indigenous Peoples, however in the Tenth Plan significant emphasis has been placed on delivering basic services to the disadvantaged and indigenous people, Dalits, women, disabled and other vulnerable groups including the Adivasi / Janajati. One of the main thrusts of the Tenth Plan is the implementation of targeted programs for the uplift, employment and basic security of Dalits, indigenous people and disabled peoples. The policy provision also outlines that the government should pilot strong and separate package of program of basic security for vulnerable sections of society. The Three Year Interim Plan (TYIP) (2007-2010) includes the following policies for inclusive development of Adivasi/Janajatiand other vulnerable groups. a. Creating an environment for social inclusion. b. Participation of disadvantaged groups in policy and decision making. c. Developing special programs for disadvantaged groups d. Positive discrimination or reservation in education, employment. e. Protection of their culture, language, and knowledge f. Proportional representation in development. 82 g. Making the country’s entire economic framework socially inclusive. National Foundation for Upliftment of Adivasi/Janjati Act, 2058 (2002), the National Human Rights Action Plan 2005, the Environmental Act 1997, and the Forest Act 1993 have emphasized protection and promotion of vulnerable groups in general, indigenous peoples’ knowledge, and cultural heritage in particular. In 1999, the Local Self-Governance Act was amended to give more power to the local political bodies, including authority to promote, preserve, and protect the IP's language, religion, culture, and their welfare. The WB policy on indigenous people emphasized to design and implement projects in a way that fosters full respect for indigenous peoples’ dignity, human rights, and cultural uniqueness and so that as to receive culturally compatible social and economic benefits, and do not suffer adverse effects during the development process. 5.8 Screening and Categorization of Impacts on IPs and Vulnerable Communities for NLSIP Social screening will be undertaken at an early stage in all sub-projects for ascertaining impacts on the Indigenous people and vulnerable communities will be carried out alongside the screening done for land acquisition and involuntary resettlement impacts to categorize the impacts on IPs and decide whether it requires a separate IPVCDP or not. A thorough screening will be conducted during the project feasibility study and preparation of DPR. The screening for VC, which will involve identifying IPs and vulnerable communities belonging to the area of the sub-project, their population (number and ratio), and their characteristics as compared to the main population in the sub-project influence zone through primary and secondary data collection. Social screening provides first stage information about the subproject which also identifies: (i) beneficiary population living within various impact zones of the sub project (ii) extent of land required and number of land owners affected; (iii) impacts on poor and vulnerable groups including needs and priority for social and economic betterment; (iv) willingness of people for voluntary land donation; and v) other impacts. Screening report also provided information about the potential damage / loss of common community structures such as water tank including pipelines, religious cultural monuments / sites, inner urban road. Relevant activities under the component will be categorized according to the level of impacts on IPs and vulnerable communities. These will be determined by the type, location, scale, nature, and presumed magnitude of potential impacts on IPs and vulnerable communities. Based on this, the sub-projects will be categorized in Table 83 Table 22.Categorization of Impact on IPs and Vulnerable Communities for Sub- Projects Category Determination of the type of Social Assessment Needed Category A Sub-projects expected to have significant impacts20 that require an Indigenous People (IP)/Vulnerable Group Development Program Category B Sub-projects expected to have limited impacts that require specific action for IP/ Vulnerable Group in resettlement plans and/or social action plans Category C Sub-projects not expected to have impacts on IP/ Vulnerable Group and, therefore, do not require special provision for IP/ Vulnerable Group If required, the NLSIP will initiate the screening and categorization with the support of social safeguard specialist of grant facility administrator of NLSIP.In case of significant impacts (falling in categories A and B) on IPs and vulnerable groups, the NLSIP will share the IPVCDP to WB for clearance. Short IPVCDPs prepared as a part of ‘less impact’ or ‘no impact’ category will be internally evaluated and will be cleared with the NLSIP. The WB will periodically review and do random checks for the documents. Based on the categorization for screening impact, the NLSIP will prepare sub-project specific IPVCDPs as per the sample IPVCDP provided in Annex 10 5.9 Specific Measures Specific measures for vulnerable groups including indigenous peoples, Dalits, minor ethnic communities, women, and powerless communities are outlined below. a. Ensure awareness raising, active participation and capacity building of the vulnerable communities b. Ensure of participation in awareness campaign, project implementation and monitoring c. Ensure equal wages for similar work during implementation d. Launch project information campaign to inform the target groups about the key features of the project and sub project. e. Asses and analyze the presence of indigenous and Dalits in subcomponent sites f. Treat and support indigenous people, dalits and other vulnerable communities preferentially g. Involve indigenous people and dalits in beneficiary groups to increase their participation. h. Define training/income generation activities based on the identified needs and priorities of vulnerable people in the project areas. i. Conduct project related meetings in indigenous and vulnerable community areas to encourage their participation. Ensure a quorum which includes representation from IP groups. 20The impacts on IP/ Vulnerable Group will be considered ‘significant’ or Category A if the sub-project positively or negatively affects 1) customary rights of use and access to land and natural resources,socio-economic status, cultural and communal integrity, health, education, livelihood, and social security status, and/oralters or undermines the recognition of indigenous knowledge. 84 j. Provide targeted assistance/training aimed at vulnerable groups to enhance livelihoods and participation in the subcomponents k. Built in awareness campaign about the project in the subproject l. Build capacity of indigenous peoples, Dalits and other vulnerable communities promoting necessary knowledge and skills to participate in subcomponent activities m. Develop capacity through trainings on skill enhancement (handicraft etc) of local people. 5.10 Framework for Developing Gender Action Plan The Gender Action Plan (GAP) framework outlines the specific issues linking with corresponding strategies and activities which will be given due consideration in the project. This will ensure women’s participation in the value-chain in order to benefit from project activities. The major tools used to identify and deal with gender issues in the project cycle are: gender analysis, project design, and policy dialogue. Gender analysis should be an integral part of the initial social assessment at the screening stage itself. The issues identified can be scaled up during the feasibility and detailed analysis can be carried out during the proposal screening stage. The project designs/concept should be gender responsive based on the gender analysis, and should be included in the DPR.The findings and recommendations from the gender analysis during project planning and feedback from beneficiaries during implementation must be discussed thoroughly to determine the need for further action. Listed below are the key action points: 5.11 General Checklist a. Identify key gender and women’s participation issues. b. Identify the role of gender in the project objectives. c. Prepare Terms of Reference (ToR) for the gender specialist or social development specialist of the client d. Conduct gender analysis as part of overall Social Assessment. e. Draw up a socioeconomic profile of key stakeholder groups in the target population and disaggregate data by gender. f. Examine gender differences in knowledge, attitudes, practices, roles, status, wellbeing, constraints, needs, and priorities, and the factors that affect those differences. g. Assess men’s and women’s capacity to participate and the factors affecting that capacity. h. Assess the potential gender-differentiated impact of the project and options to maximize benefits and minimize adverse effects. i. Identify government agencies and nongovernmental organizations (NGOs), CommunityBasedOrganizations (CBOs), and women’s groups that can be used during project implementation. Assess their capacity. j. Review the gender related policies and laws, as necessary. k. Identify information gaps related to the above issues. l. Involve men and women in project design. m. Incorporate gender findings in the project design. n. Ensure that gender concerns are addressed in the relevant sections (including project objectives, scope, poverty and social measures, cost estimates, institutional arrangements, social appendix, and consultant’s ToR for implementation and M & E support). 85 List out major gender actions a. Develop gender-disaggregated indicators and monitoring plan. Specific Checklists to be covered during various stages of project cycle Methodology Desk review Review available information (e.g., statistics, gender analysis, documents of previous projects) in the project area and the socioeconomic profile of the target population. Review the relevant legal (e.g., inheritance law), policy (e.g., R&R policy), and institutional framework (e.g., current administrative system for land acquisition, compensation disbursement) and their gender implications. Household surveys Draw up gender-disaggregated socioeconomic and cultural profiles and identify the constraints, and needs of the target population. Collect quantitative information. Participatory methodologies The participatory methods include participatory rapid appraisal, focus group discussions, random interviewsandobservation. The suggested Gender Development Plan includes issues, strategies and activities(Table 23 ) Table 23.Gender Development Plan Issues Strategy Proposed Activities Lack of Awareness campaign Formation of women groups around specific awareness about the project for the project areas. community focusing on the Share information about the project benefits in vulnerable group including Nepali language. women. Low Level of Support functional literacy Undertake literacy programs as built- in literacy campaign and develop activities coordinated with literacy programs. extension programs to Develop the implementing strategies to take the benefits from the communicate real time information specifically project as per the needs of for EWS. illiterates. Develop audio-visual aids and documentary for training programs about the project for illiterate women groups. Excluded from Rapport building with Carry out meetings and interaction program Opportunities Women Development with and orientation to women in the and because of Office at District or local community. social boundaries level involving them in Prepare a brief guidelines that there should be as a result low Programs representation of women in the local level of consultative forum /local grievance resolution participation in Gender sensitization to all committee. decision making stakeholders including Prepare clause to be included in civil work process project entities. contract documents to prevent discrimination in 86 Issues Strategy Proposed Activities Ensure Women’s employment on the basis of sex, caste, religion participation during and ethnicity. meetings, project Conduct leadership training for women implementation and members of commodity groups. monitoring. Provide opportunities of exposure or study visit to women's group to develop their leadership capacity Lack of Promote need based Organize training on newly lunched knowledge on and technical awareness and technologies (metrological/hydrological) access to support services. technical knowhow Disparity in Accord Priority Inform women groups regarding proposed Wages Employment to women in construction works. Identify women interested project generated to work; assess their skills and involve them as construction activities. per their capabilities. Promote equal wages for Monitor women wage rate and do the needful to equal work ensure wage equality for similar type of construction works. Inclusion of the above elements in the contractors’ document. 87 CHAPTER 6: PROJECT ADMINISTRATIVE STRUCTURE, MANAGEMENT AND IMPLEMENTATION 6.1 Formation of PIU at Central and District Level Officer The NLSIP intervention sites are delineated in Figure 3. The organizational structure proposed for NLSIP shows project director as the head of NLSIP. Under the project director, there will be two teams, each led by the Deputy Project Director (DPD) and the Consultant. The Consultant Team Leader will lead the technical team in which livestock, veterinary, food safety, finance, procurement and administrative experts/staff is proposed. Similarly from DPD who will be Senior Veterinary Officer /senior livestock development officer class I officer lead monitoring and evaluation, planning, finance, procurement, and administration units. Experts and officers are deputed to these units by DPD. Figure 4. NLSIP intervention sites 88 Project Director ((Liv/Vet-Class I) Deputy Project Director Consultant/Team Leader (SVO/SLDO-Class II) Environment and Livestock-1 Livestock-1 Social Safeguard Veterinary-2 Veterinary-2 Food Safety-2 Food Safety-2 Finance-1 Finance-1 Procurement-1 Procurement-1 Administration-1 Computer Operator-3 Driver-4 The PIU will be responsible for planning, budgeting, selection of final schemes/activities, preparation of final reports, liaison with the MoLD and the WB, , trainings and capacity building of regional coordination units. The PIU will be responsible for overall project management and coordination of team as well as close monitoring and supervision. Specifically, PIU will be involved in planning, preparation, selection, implementation and monitoring and supervision of subprojects, Since the MoLD is relatively new several activities that trigger environmental and social safeguard requirements, environmental and social safeguard expert (intermittent) is to be envisioned in the project structure that works directly with the consultant team leader of the project. The environmental and social safeguard expert will assist the team leader, project director and regional directors in preparing EMP, development and implementation of mitigation measures, compliance and impact motoring, trainings on environmental and social safeguards. Similarly, the project envisaged coordination units in 3 regions namely Biratnagar, Pokhara, and Kathmandu. Each unit will be headed by the regional director and under him Livestock/Veterinary officers, junior officers, account and administration officers. The proposed organization chart of regional coordination unit is shown below. 89 Regional Coordination Units Biratnagar Pokhara Kathmandu Regional Director Regional Director Regional Director Environmental & Social Safeguard Environmental & Social Environmental & Social Officer Safeguard Officer Safeguard Officer Livestock/Veterinary (Class II Officer) Livestock/Veterinary (Class II Livestock/Veterinary (Class II Officer) Officer) Livestock/Veterinary (Class III Officer) Livestock/Veterinary (Class III Livestock/Veterinary (Class III Officer) Officer) Livestock/Veterinary JT Livestock/Veterinary JT Livestock/Veterinary JT Accountant Accountant Accountant Driver (Contract) Driver (Contract) Driver (Contract) Messenger (Contract) Messenger (Contract) Messenger (Contract) 6.2 Technical Support for Implementing Environmental and Social Safeguard Measures The environmental and social safeguard consultant is recruited by the NLSIP and works directly under the project director to ensure the compliance with environmental and social safeguard measures during planning and implementation. The consultant will introduce the environmental and social safeguard requirements in livestock sector, train the livestock experts in areas of environmental and social safeguard. The consultant shall provide "on the ground" training to prepare site specific EMP and to fulfill the requirements of ESMF for NLSIP. The roles and responsibilities of personnel engaged in ESMF compliance are as follows: 90 Title of Person Roles and Responsibilities Project director Planning, coordination monitoring and supervision Quality Control/Quality Assurance on ESMF/EMP Finalization of report, correspondence with WB Environment Assist the project director for ESMF compliance Consultant (Full Assist and guide the regional offices on screening and time)and Social preparation of site specific EMP, provide training and Safeguard Consultant technology transfer to recipient entity, conduct IEE/EIA of (Part time) for PMT project (as deemed required) Provide overall safeguard related training to regional staff, integrate environmental and social components in project cycle, follow up and monitoring. Prepare monthly and annual environmental report. Environmental Officer ( Integration of ESMF compliance at regional projects/levels, one in each regional support to regional director and other officials in ESMF offices) planning and implementation Work closely with NLSIP recipient in filling up environmental checklists, forms, formats, preparation of required documents Perform compliance monitoring, impact monitoring, ensure the site specific mitigation Provide environmental and social safeguard related trainings to district level staff and Preparation of monthly, bi monthly, annual report summarizing environmental and social report of projects. DLSO Compliance with ESMF, preparation of EMP, site specific monitoring Monitoring Expert Monitoring of compliance of ESMF and EMP by the MoLD or third party 6.3 ESMF Compliance during Subproject Submission and Approval Process The NLSIP value chain participants will submit their concept note/first cut proposal in a standard format to the District Livestock Services Office or Regional Livestock Service Office. The regional office of NLSIP will review the request application and forward to PMT along with recommendations. During this process RLSO will complete all the technical and ESMF requirements. The regional ESMF officer shall review and provide necessary recommendations. Then the regional office shall forward the concept note along with recommendations to PU. The NLSIP at RLS will reject the proposal/concept note which falls in category I of the project or not meeting the criteria. Review of Proposal and PMT The detail step wise process for the review and approvals are highlighted in the flow diagram below. The PMT shall develop screening criteria for the proposal received from the region. 91 The criteria for the proposal and other details shall be pre disseminated to the region. For the successful recipient, the PMT through RLS will issue the second letter for submitting the full proposal in a prescribed format. The environmental officer of RLS will assist the likely recipient in format and other details of the proposal. The PMT will review the proposal and successful proposals will be awarded. The applicant will sign a project with NLSIP which includes ToR, including the ESMF requirements. 6.4 Tentative Budget for ESMF Implementation for NLSIP Activities Estimated Remarks Budget (Rs) Translation of ESMF in Nepali, 300000.00 dissemination through print and electronic media Recruitment of Environment Expert 32000000.00 Environment expert: 48 (FT) and Social Expert (PT) at PMU mm Social expert: 24 mm Budget also includes logistics Recruitment of environment officers 20000000.00 2 person 48 mm each at region (Biratnagar, Pokhara) Budget also includes logistics Internal ESMF monitoring and 600000.00 1 time/year for 4 times reporting External Third party monitoring 450000.00 3 times 2 times MTR and end of project monitoring 92 ESMF training to staff and 1200000.00 6-8 no of trainings stakeholders as per capacity building program Office supplies and program related 2500000.00 expenses at central and region Sub total (A) 57050000.00 B. Contingency 5% of A 2852500.00 Total (A+B) 59902500.00 6.5. Projective Activities Schedule (Please Refer Excel File) 93 Chapter 7: Consultation, Communication, Information Dissemination, Grievance Redress NLSIP financed subprojects will involve beneficiaries from a large number of people engaged in livestock activities, processors, traders, and entrepreneurs from public and private sector. The subproject beneficiaries will undertake a wide range of activities such as developing dairy enterprise for the production of milk and dairy products, meat and dairy processing and marketing. The properly designed and developed consultation and social mobilization guidelines to address multiple sectors’ requirements is essentially a demanding task. Community consultation process is to make the potential beneficiaries participate in proper decision-making, and giving them opportunity for broad-based community involvement in all the subprojects of the NLSIP. Hence, the project considered community consultation and communication pivotal to the project. Community consultation protocols such as stakeholders mapping, consultation schedule, and information disclosure are prepared. Well-designed information, education and communication strategies help participation of stakeholders. Activities for social mobilization of community at different phases of project are prepared. 7.1 Public Consultation A range of formal and informal consultative methods shall be carried out for all NLSIP supported projects including, but not limited to: focus group discussions (FGDs), public meetings, meeting with user's group, Key Informant Survey, community discussions, and in-depth and key informant interviews; in addition to surveys. Consultations will be held with special emphasis on vulnerable groups. The consultation shall be continued from the pre planning phase, planning phase, feasibility phase, construction and operation phases of the project. Encouraging stakeholders' participation in consultations informs the public and serves as avenue for the public to express their opinion on priorities which the Project should address. During the consultation the project deputy director/environmental and social safeguard specialist (at center,PMT), and regional director/environmental and social safeguard specialist (at region) shall disseminate the environmental and social safeguard requirements for the project through website and local newspaper. It is to be noted that for project specific IEE/EIA, consultations are also required at different stages. The key stakeholders to be consulted during project preparation, and program implementation includes the following: a. All APs, including vulnerable households b. Project beneficiaries c. Host populations in resettlement sites (if any) d. Political party representatives, community leaders, and representatives of community based organizations e. Farmers group, Farmers cooperatives, Private firms, Local NGOs f. Officials of municipalities and relevant government agency representatives Consultations with APs during RP and IPP preparation will ensure that views of APs on compensation and resettlement assistance measures are fully incorporated while consultations conducted during RP implementation will identify necessary assistance required by APs during rehabilitation. Continuing involvement of those affected by sub- projects is necessary in the resettlement process. The MoLD will ensure that APs and 94 other stakeholders are informed and consulted about the sub-project, its impact, their entitlements and options, and allowed to participate actively in the development of the sub- project. This will be done particularly in the case of vulnerable APs, who will be encouraged to choose options that entail the lowest risk. This exercise will be conducted throughout the sub-project cycle—during preparation, implementation, and monitoring of NLSIP supported project results and impacts. 7.2 Consultations during Preparation of ESMF Experts’ consultations were conducted by the study team members for the preparation of ESMF. The main objectives of the consultation were to disseminate information about ESMF requirements under NLSIP. Similarly, consultation meetings with MOLD, WB were conducted in a regular basis during the preparation of ESMF. The consultation mainly focused on contents of ESMF, environmental and social screening process, likely impacts and mitigation measures, and capacity building measures for institutions involved in NLSIP. During the preparation of ESMF, the consultations were held with the central and regional level stakeholders, the names of participants and place of consultations are included in annex-2. The schematic pictorial highlights of consultative workshop are included in annex 3. 7.3 Grievances Redress Mechanism Through a participatory process, grievances are expected to be minimized. However, it is necessary to establish an effective grievance redress mechanism to address complaints/grievances that may arise related to the project in general including but not limited to environmental and social issues. Any grievances and objections will be referred to the project Grievances Redress Committee (GRC). The GRC needs to be established as soon as the Project is effective. The representative from project beneficiaries will be nominated by the chairman of the GRC for a period of one year. A complaint cell will be established in each NLSIP regional offices to collect complaints and transmit them to the GRC. The affected persons/communities can register their grievances through multiple ways including locked boxes at the project office that can only be opened by a designated person, email, a designated telephone number, and submission of complains at the regional offices etc. The affected persons can also register their grievances at the complaint cell established at NLSIP. Any affected family or person can approach the GRC directly regarding issues related to environmental and social issues including temporary impacts and impacts during construction. Handouts providing details of the structure and process for redressing grievances will be distributed in the project area through the regional offices. All cases will be registered, categorized and prioritized by the complaint cell. The GRC will meet in a bi- monthly basis to discuss the petitions submitted by the people/community. If any member (including director) is concerned, then the grievances will be forwarded to the PMU). The GRC will be regularly supervised by the World Bank, including reviews of documentation. Any grievances and objections retarding the environmental and social concerns of the project will be referred to the project Grievances Redress Committee (GRC). An effective grievance redressal mechanism shall be established to address complaints/grievances related to environmental and social issues that may arise. Any grievances and objections regarding the environmental and social aspects of the project will be referred to the project Grievances Redress Committee (GRC). The project GRC will 95 be formed at PMT (central level) and at the regional levels (i.e at project office level). It is basically a 2 tier approach. The composition of the GRC at PMT level will be the following. a. Project Director, NLSIP- Chairperson b. Environmental and Social Safeguard Specialist, PMT/NLSIP- Member (1) c. Representative from MOLD- Member (1) The grievances will be redressed at the local level in a consultative manner and with full participation of the affected households, or their representatives, along with project officials and local government representatives. The Grievance Redress Committee (GRC) shall be formed at each regional level which comprises of the following. a. Regional Director, NLSIP-Chairperson b. Senior Officer, NLSIP, Member (1) c. Representative from stakeholder- Member (1) The GRC needs to be established as soon as the Project is effective. The representative from project beneficiaries will be nominated by the chairman of the GRC for a period of one year. A complaint cell will be established in each NLSIP regional offices to collect complaints and transmit them to the GRC. The affected persons/communities can register their grievances through multiple ways including locked boxes at the project office that can only be opened by a designated person, email, a designated telephone number, and submission of complains at the regional offices etc. The affected persons can also register their grievances at the complaint cell established at NLSIP. Any affected family or person can approach the GRC directly regarding issues related to environmental and social issues including temporary impacts and impacts during construction. Handouts providing details of the structure and process for redressing grievances will be distributed in the project area through the regional offices. All cases will be registered, categorized and prioritized by the complaint cell. The GRC will meet in a bi- monthly basis to discuss the petitions submitted by the people/community. If any member (including director) is concerned, then the grievances will be forwarded to the PMU). The GRC will be regularly supervised by the World Bank, including reviews of documentation. The grievances at the local level need to be resolved within 5 weeks from the date of petition. If grievances couldn’t resolve in two months, then it should be forwarded to PMT with reason, in such cases the PMT should resolve the unresolved grievances within 1 month from the date of entry of such grievances at PMT. Through a participatory process, grievances are expected to be minimized. However, it is necessary to establish an effective grievance redress mechanism to address complaints/grievances that may arise related to the project in general including but not limited to environmental and social issues. Any grievances and objections will be referred to the project Grievances Redress Committee (GRC). The GRC needs to be established as soon as the Project is effective. The representative from project beneficiaries will be nominated by the chairman of the GRC for a period of one year. A complaint cell will be established in each NLSIP regional offices to collect complaints and transmit them to the GRC. The affected persons/communities can register their grievances through multiple ways including locked boxes at the project office that can only be opened by a designated person, email, a designated telephone number, and submission of complains at the regional offices etc. The affected persons can also register 96 their grievances at the complaint cell established at NLSIP. Any affected family or person can approach the GRC directly regarding issues related to environmental and social issues including temporary impacts and impacts during construction. Handouts providing details of the structure and process for redressing grievances will be distributed in the project area through the regional offices. All cases will be registered, categorized and prioritized by the complaint cell. The GRC will meet in a monthly basis to discuss the petitions submitted by the people/community. The decision on grievances shall be made within 5 weeks at the regional office. If grievances couldn’t be resolved at the regional level, it will be forwarded to PMU. If any member (including director) is concerned, then the grievances will be forwarded to the PMU). The GRC will be regularly supervised by the World Bank, including reviews of documentation. 7.4 Information Disclosure and Dissemination For IEE/EIA studies, the information disclosure and dissemination requirements shall follow GoN EPA/EPR requirements. The public notifications, disclosures, and public hearing shall follow the GoN requirements. Summaries of the ESMF will be made available in Nepali language to the offices and recipient parties, APs, local NGOs, and public offices in the project site shall obtain a copy of ESMF from the PMT. Copies of these documents will be provided to any requester by charging the photocopy cost. The draft and final ESMF will be disclosed in the websites of MOLD and the WB and made available to stakeholders. Information dissemination and consultation will continue throughout program implementation. For all projects under NLSIP, information will be disseminated to beneficiaries and APs at various stages. The regional office will be responsible for informing potential stakeholders/affected parties/persons (APs) and the general public of the project about the land acquisition requirements through leaflets and publication in local media. NLSIP with support from regional office will conduct consultations and disseminate information to all beneficiaries during these initial stages to create awareness of the project. In the implementation stage, the NLSIP regional offices will provide information to beneficiaries regarding the environmental requirements for by the project in appropriate communications procedure. The information such as project location, impact estimates, entitlements, safeguard requirements and implementation schedule presented to stakeholders enable stakeholders to provide inputs on the resettlement process before signing of civil work contracts. 97 Table 24.The ESMF disclosure and dissemination stages in NLSIP Project Stage Information dissemination approach Remarks and target audience ESMF By print and electronic media. Copy of ESMF be Preparation Information uploads in URL of MoLD provided at the request of and the WB individuals/parties interested fir review. Prior to project During regional consultative Subprojects screening, implementation workshops to all the stakeholders21 preparation of ESMPs/IEEs/EIA During The experts/firms/contractors recruited implementation through NLSIP will disseminate the components/aspects of ESMF to stakeholders including local community local political representatives Monitoring and ESMF compliance and need for Based on finding of M&E Evaluation improvements will be shared by NLSIP report process of to recipient institutions with disclosure participatory monitoring of M&E report and evaluation (M&E) is advisable. Beneficiary committees can be formed for monitoring and supervision of the sub- project works/activities of NLSIP. Ensure implementation of ESMF and timely delivery of entitlements by consultation. Ensure ESMF implementation based on implementation activity schedule Reporting periodic progress of the project implementation status of ESMF Reporting Stage Detailed ESMF compliance issues are Based on findings of sent to relevant government agencies. annual project report of NLSIP 21 Local communities, individuals’ relevant offices. 98 CHAPTER 8:MONITORING AND REPORTING 8.1 Monitoring The ESMF requires detailed supervision, monitoring and evaluation of the impact of the subproject on the environment and social aspects. For this purpose a Monitoring & Evaluation (M&E) system will be established for the NLSIP. MOLD and implementing agencies will be responsible for implementing ESMF for periodic internal monitoring to ensure ESMF implementation. Internal monitoring will be carried out focusing on outcomes, outputs and implementation progress for each sub-grant. NLSIP may establish ESMF unit or outsource the regular monitoring. External evaluation will be conducted by independent experts using quantitative and qualitative methods. The external evaluation will be conducted in midterm and end of the project period. The NLSIP may coordinate with the Department of livestock for midterm monitoring. 8.2 Responsibility of Monitoring Recipient institution has prime responsibility for regular monitoring, besides NLSIP is responsible for compliance monitoring as well as final evaluation. The midterm and final term monitoring shall be done by the independent expert. The regular monitoring includes the following. a. Adherence with ESMF for NLSIP b. Compliance with ESMF including mitigation measures c. Compliance monitoring of contractor in construction work d. Regular on site environmental monitoring 8.2.1 PROPOSED MONITORING FRAMEWORK FOR NLSIP Regular Monitoring As per the ESMF, the regular monitoring will be performed by the recipient institution. If the recipient institution requires any external technical support/ guidance shall be provided by the NLSIP, RDLS and DLSO. Environmental status, mitigations works implemented, difficulties encountered and unforeseen issues will be reported in each progress report. The checklist, forms, formats, guidelines of ESMF shall be followed. Quarterly Monitoring The quarterly monitoring on ESMF compliance, including contractor compliance shall be performed by NLSIP. The logistics and support required for such type of monitoring is included in ESMF. The ESMF forms, formats, guidelines shall be followed. A quarterly monitoring report shall be prepared by the implementing agencies (NLSIP)based on the reporting by the recipient institutions. This report will also be shared with WB. Annual Third Party Monitoring NLSIP will outsource this activity to independent consultant/firm/institution/expert to conduct third party monitoring of ESMF compliance. The annual monitoring report shall be prepared and submitted to MOLD. This report will also be shared with WB. 99 8.2.3 CONTRACTORS COMPLIANCE ON ESMF The contractors engaged for civil works through sub components/activities under NLSIP are also principle stakeholders in the project whose roles and responsibilities are to identify and mitigate the adverse impacts right from the beginning. Therefore, contract document needs to clarify the following roles / responsibility of contractors: Some of the generic requirements are mentioned below. Such requirements are mentioned under the environmental and social requirements in contract clauses while preparing the bid document by the NLSIP recipient institutions through support of project's environment specialist. The following are some of the generic requirements recommended for inclusion in contract document of the contractor. a. Construction materials from approved site, and of standard quality.(good housekeeping) b. Reclaim the quarry site and fill up borrow pit after the completion of the work. c. Maintain health and sanitation of the labor camp (if such camp is envisaged in work). d. Proper disposal of spoil along hill slopes, vegetated areas, water bodies and other environmentally sensitive areas. e. Enforce use of recommended disposal sites that are approved by project manager. f. Provide health and safety gears to the labors. g. Restrict labors’ use of forest products, hunting and poaching. h. Hire as many local laborer as possible (priority has to be given for poor, marginalized and Dalits). i. Avoid use of child labor (below 16 years age). j. Employ at least 33 percent women laborer in construction. k. Ensure life insurance of the laborers (major infrastructure development). l. Ensure there will be no disturbance to operate the institution while construction is ongoing (i.e. proper construction planning, use of less noisy equipment, storage of materials in a safe manner). m. Adherence with occupational health and safety standards for staff, workers (use of PPE, posting of safety signs, warning signs during construction). The monitoring of contractor’s compliance shall be done by the RLS environment and officer through regular quarterly and annual monitoring. The status of contractor’s compliance monitoring shall be recorded and recipient institutions shall take necessary actions to correct the noncompliance (if any). 100 Table 25.Summary of Monitoring Framework Type of Stages of Responsibility Aspects of Remarks Monitoring Project Monitoring Regular During Recipient Environmental Monitoring construction Institution (RI) status at site, report shall be with required mitigation works prepared to guidance/ implemented, MoLD as part technical support difficulties of the progress from NLSIP (as encountered, report needed) and unforeseen issues RDLS and DLSO etc Compliance with mentioned in bid documents etc Quarterly During NLSIP Review of regular Deliverables: construction monitoring report, Quarterly on the spot Monitoring verification of ESMF report to MOLD and EMP and WB compliance, contractor’s compliance to ESMF and bid document etc Third Party MTR and NLSIP out Review of regular Deliverables: Monitoring end of sourced and quarterly Monitoring project independent monitoring, and the report experts/firms spot monitoring as per the EMF and the adequacy of ESMF prepared for the project. 101 CHAPTER 9: CAPACITY BUILDING Ministry of Livestock Development (MoLD) does not have direct experience with the implementation of WB-funded projects, the ESMF has included capacity strengthening measures. 9.1 Training Training is an important component for developing capacities. Appropriate and timely training to the officials with regard to various issues can bring a positive change in the functioning of the staff. Apart from training in generic areas such as human resource management, information management, government functionaries require training in handling certain specialized tasks pertaining to environmental and social issues. The PMT will identify the training need assessment of staff at ministry and regional level and suggest the training packages including their modality of operation.Potential training areas are the following. a. Hazards (from veterinary laboratories)supported under NLSIP b. Orientations on ESMF c. Orientations on plan, policies, legislations, standards of GoN and WB safeguard policies d. Preparing EMPs and ECOPs e. General Introduction to EA and Management 9.2 For Central and Regional Level Staff of NLSIP Training on Environmental Assessment, Appraisal and Management, Social Safeguard and Issues The staff working for NLSIP would require capacity building inputs to help them understand the environmental risks associated with NLSIP sub-grants and the appropriate measures that can be taken to mitigate adverse impacts on the community. In addition, they would require training to equip them with skills they can use to appraise sub-grants on key environmental criteria and ensure that they are environmentally sound. Environmental assessment and management training should also be provided to them. Training related to environmentally sound technologies, tools and techniques for conducting environmental surveys. Trainings on EAs, EPA/EPR requirements, and requirements stipulated by sectoral legislations shall be provided during the trainings. Training on Environmental and Social Assessment of NLSIP sub-grants will enable the NLSIP staff to understand the environmental risks attached to different sub-grants and the appropriate measures that can be taken to mitigate adverse impacts on the community. This would not only enable them to prepare environmentally sound sub-grants but also help them put in place strong monitoring and management plans. 9.2.1 TRAINING ON SOCIAL ASSESSMENT, APPRAISAL AND MANAGEMENT PMT members and relevant staff at MoLD would require capacity building inputs to help them understand the social risks attached to different sub-projects and the appropriate R&R measures that can be taken to mitigate adverse impacts on the community. In 102 addition, they would require training to equip them with skills they can use to appraise sub- projects on key social criteria and ensure that they are socially sound. 9.2.2 TRAINING ON PREPARING COMMUNICATION STRATEGIES A well-developed communication strategy is required to realize better results in the implementation of the projects. The PMT will have to develop and effectively implement own consultation and communication strategy. Successful implementation of sub grant would depend, to a large extent, on the ability to maintain close contact with the community in the sub-grant area. For this purpose the PMT needs to develop consultation plans along with the help of recipient wards. Such a communication strategy would help in better communication, clearer understanding of social problems, better service delivery, easier conflict resolution and grievance redress. Training modules may be developed to help regional livestock officers to draft and implement appropriate consultation strategies. Environmental and Social Safeguard Specialists will assist the PMT in preparing this training. 9.2.3 CAPACITY BUILDING MEASURES PROPOSED FOR NLSIP STAKEHOLDERS ESMF will be widely distributed in such institutions. ESMF orientation training shall be provided to user's committee, farmers’ organizations, and other relevant persons as required. Training is an important component for developing capacities. NLSIP will integrate ESMF training to its regular training cum orientation program for recipient institutions/organizations. Such cost will be inbuilt in overall training budget. Skill transfer in ESMF related aspects (from experts to key staff of PI) MOLD lacks the capacity for implementing ESMF. Similarly, there is no capacity at recipient institutions to deal in this matter. So, it is recommended to include environmental and social safeguard specialists at PMT at central level and environmental and social safeguard officers to all the regions. The safeguard specialists at center in coordination with regional safeguard specialist will conduct training, monitoring and supervision of activities. 103 Annexes 104 ANNEX 1 Environmental Standards: Government of Nepal Industrial Effluent Quality (Generic Standards, Tolerance Limits for Industrial Effluent Discharged into Inland Surface Water) Parameters Tolerance Limits pH 5.5 - 9.0 Particle Size of Total Suspended Particles Shall pass 850-micron Sieve Total Suspended solids, (mg/l) 30 - 200 BOD5 at 20 o C, (mg/l) 30 - 100 Oils and Grease, (mg/l) 10, max Phenolic Compounds, (mg/l) 1, max Cyanides as CN, (mg/l) 0.2, max Total Residual Chlorine, (mg/l) 1 Sulfides as S, (mg/l) 2, max Fluorides as F, (mg/l) 2, max Arsenic as As, (mg/l) 0.2, max Cadmium as Cd, (mg/l) 2, max Hexavalent Chromium as Cr, (mg/l) 0.1, max Copper as Cu, (mg/l) 3, max Lead as Pb, (mg/l) 0.1, max Mercury as Hg, (mg/l) 0.01, max Nickel as Ni, (mg/l) 3.0, max Zinc as Zn, (mg/l) 5, max Ammoniacal Nitrogen, (mg/l) 50, max Chemical Oxygen Demand, (mg/l) 250, max Silver, (mg/l) 0.1, max Generic Standards, Tolerance Limits for Industrial Effluent Discharged into Public Sewers S.N. Parameters Tolerance Limits Temperature, oC 45 pH 5.5 ~ 9.0 Total Suspended solids, (mg/l) 600 Total Dissolved Solids, (mg/l) 2100, max BOD5 at 20 o C, (mg/l) 400, max Oils and Grease, (mg/l) 50, max Phenolic Compounds, (mg/l) 10, max Cyanides as CN, (mg/l) 2, max Total Residual Chlorine, (mg/l) 1000 as chloride Sulfides as S, (mg/l) 2, max 105 S.N. Parameters Tolerance Limits Sulfides as SO4, (mg/l) 500, max Fluorides as F, (mg/l) 10, max Arsenic as As, (mg/l) 1, max Cadmium as Cd, (mg/l) 2, max Hexavalent Chromium as Cr, (mg/l) 2, max Copper as Cu, (mg/l) 3, max Lead as Pb, (mg/l) 0.1, max Mercury as Hg, (mg/l) 0.01, max Nickel as Ni, (mg/l) 3.0, max Zinc as Zn, (mg/l) 5, max Selenium as Se, (mg/l) 0.05 max Ammoniacal Nitrogen, (mg/l) 50, max Chemical Oxygen Demand, (mg/l) 1000, max Silver, (mg/l) 0.1, max Mineral Oils, (mg/l) 10, max Inhibition of Nitrification Test at 200ml/l <50% Ref :g]kfn  /fhkq,  sf7df08f}+,  c;f/  (  ut]  @)^)  ;fn,  g]kfn  ;/sf/  .(Equivalent year - 2003, Country Environmental Analysis for Nepal, ADB 2004) Air Quality Standards National Ambient Air Quality Standards for Nepal Averaging Concentration in ambient Air, Parameters Units Time maximum Annual - TSP µg/m3 24 - hours* 230 Annual - PM10 µg/m3 24 - hours* 120 Annual 50 Sulfur Dioxide µg/m3 24-hours** 70 Nitrogen Annual 40 µg/m3 Dioxide 24-hours** 80 Carbon 8hours 10000 µg/m3 Monoxide 15 minutes 100000 Annual 0.5 Lead µg/m3 24-hour - Annual 20 Benzene µg/m3 24-hours* - Ref.: Environment Sector Program Support, Ministry of Population and Environment, Kathmandu: Ambient Air Quality Monitoring in KathmanduValley, Yearly Report for the year 2003, March 2004 Note: 106 * : 24 hourly values shall be met 95% of the time in a year. 18days per calendar year the standard may exceed but not on two consecutive days. **: 24 hourly standards for NO2 and SO2 are not to be controlled before MOPE has recommended appropriate test methodologies. This will be done before 2005. Noise Pollution Standards of Government of Nepal, 2069 Area Noise Level Leq (Decibel) Day Night Industrial Area 75 70 Commercial Area 65 55 Rural Residential Area 45 40 Urban Residential Area 55 50 Mixed Residential Area 63 55 Quiet Area 50 40 Equipment 1. Water pump for lifting water : 65 dB 2. Diesel generator : 90 dB 3. Recreational equipment : 70 dB 107 National Drinking Water Quality Standards Maximum Categories Parameters Concentration Limits, Remarks (MCLs) Turbidity, (NTU) 5(10) pH 6.5-8.5* Color, (TCU) 5(15) Physical Taste & Odor Total Dissolved Solid, (mg/l) 1000 Electrical Conductivity 1500 Iron, (mg/l) 0.3(3) Manganese, (mg/l) 0.2 Arsenic, (mg/l) 0.05 Cadmium, (mg/l) 0.003 Chromium, (mg/l) 0.05 Cyanide, (mg/l) 0.07 Fluoride, (mg/l) 0.5-1.5* Lead, (mg/l) 0.01 Ammonia, (mg/l) 1.5 Chloride, (mg/l) 250 Chemical Sulphate, (mg/l) 250 Nitrate, (mg/l) 50 Copper, (mg/l) 1 Total Hardness, (mg/l) 500 Calcium, (mg/l) 200 Zinc, (mg/l) 3 Mercury, (mg/l) 0.001 Aluminum, (mg/l) 0.2 Only for Residual Chlorine, (mg/l) 0.1-0.2* chlorinated systems E-Coli, (MPN Index / 100ml) 0 Micro- Biology Total Coliform, (MPN Index / 0(95)% ) 100ml) Note: 1. *: Represents the range values. 2. ( ): The indicated values inside the brackets represent for those water if other alternative options are unavailable. 108 Generic Standards, Tolerance Limits for Wastewater Discharged into Inland Surface Water from Combined Waste Water Treatment Plant Parameters Tolerance Limits Temperature, oC <40 pH 5.5 ~ 9.0 Total Suspended Solids, (mg/l) 50, max BOD5 at 20 o C, (mg/l) 50, max Oils and Grease, (mg/l) 10, max Phenolic Compounds, (mg/l) 1, max Cyanides as CN, (mg/l) 0.2, max Total Residual Chlorine, (mg/l) 1 Sulfides as S, (mg/l) 2, max Fluorides as F, (mg/l) 2, max Arsenic as As, (mg/l) 0.2, max Cadmium as Cd, (mg/l) 2, max Hexavalent Chromium as Cr, (mg/l) 0.1, max Copper as Cu, (mg/l) 3, max Lead as Pb, (mg/l) 0.1, max Mercury as Hg, (mg/l) 0.01, max Nickel as Ni, (mg/l) 3, max Zinc as Zn, (mg/l) 5, max Selenium as Se, (mg/l) 0.05, max Ammoniacal Nitrogen, (mg/l) 50, max Chemical Oxygen Demand, (mg/l) 250, max Silver, (mg/l) 0.1, max 109 Nepal Vehicle Mass Emission Standard for gasoline & Diesel operated Vehicles, 2056 (1999) Vehicle Model HC, Fuel CO% HSU, % Test Type Year ppm Up to 4.5 Four 1980 1000 - Idle wheeler After 3.0 1981 Up to Petrol 4.5 Three 1991 7800 - Idle wheelers After 3.0 1992 Two All 4.5 7800 - Idle wheelers LPG / All - 3.0 1000 - Idle CNG categories Up to 75 (Ka=3.22 Free Four 1994 per meter) Diesel - - wheelers After 65 (K=2.44 Acceleration 1995 per meter) K= Coefficient of light absorption, a measure of blackness of smoke. It is independent of the measurement length. Legal Framework for AQMS in Nepal Actions Undertaken by Government:  Vehicle exhaust emission control standards: Nepal introduced vehicle exhaust emission tests in 1994 following the tail-pipe standards of 65 hartridge smoke units (HSU) for diesel operated vehicles and 3% CO for petrol - operated ones. A vehicular color rating system with respect to the exhaust emission standards was introduced. This system provides green stickers to vehicles meeting the emission standard and red stickers to vehicles failing test.  Nepal Vehicle Mass Emission Standard 2056BS (2000AD): Nepal vehicle mass standard is the government’s major step towards reducing emissions per kilometer of travel. This standard is similar to the EURO - 1 standard. 110 National Indoor Air Quality Standards, 2009 Maximum Concentration Pollutant Level Averaging Time 120µg/m3 24 - Hours Particulate Matter, PM10 3 200 µg/m 1 - Hour 60 µg/m3 24 - Hours Particulate Matter, PM2.5 100 µg/m3 1 - Hour 3 9ppm (10mg/m ) 8 - Hours Carbon Monoxide, CO 35ppm (40mg/m3) 1 - Hour 3 Carbon Dioxide, CO2 1000ppm (1800mg/m ) 8 - Hours Ref.: National Indoor Air Quality Standards & Implementation Guideline, 2009; GoN, Ministry of Environment, Science & Technology, Kathmandu Nepal Note:  Units of measure for the standards are parts per million (ppm) by volume, milligrams per cubic meter of air (mg/m3), and microgram per cubic meter of air (µg/m3).  The use of PM2.5 value is preferred.  No need to monitor / measure both particulate matter (PM10) and particulate matter (PM10). In accordance with World Health Organization (WHO) Air Quality Guidelines for Particulate Matter, Ozone, Nitrogen Dioxide and Sulfur Dioxide, 2005, the PM2.5 values can be converted to the corresponding PM10 values by application of a PM2.5 / PM10 ratio of 0.5.  Averaging time can be fixed as per convenience.  When 1 hour averaging time is chosen, monitoring should be done during cooking hour.  When 8 hour averaging time is taken, monitoring should cover cooking time too.  Monitoring of Carbon dioxide is to ensure the adequacy of the ventilation of the monitoring sites. Emission Limits for Imported and Operated Diesel Generators, 2069 BS (2012) The GoN endorsescarbon monoxide (CO), combined hydrocarbon / oxides of nitrogen (HC+NOx) and particulate matter emission of smoke that goes into the air for imported (Table 1) and in use diesel generators (Table 2). The prescribed standards are similar to Euro III or Bharat III equivalent. The standards are prescribed in the basis of power rating of the diesel generator capacity. Table 1: Emission Limits for Newly Imported Diesel Generators HC+NOx, Category, (kW) CO, (g/kWh) PM, (kWh) (g/kWh) <8 8.00 7.50 0.80 8 ~ 19 6.60 7.50 0.80 19 ~ 37 5.50 7.50 0.60 37 ~ 75 5.00 4.70 0.40 75 ~ 130 5.00 4.00 0.30 130 ~ 560 3.50 4.00 0.20 Ref.: Section 62 No.30 Nepal Gazette Part 5 Date: 2069/7/13 111 Table 2: Emission Limits for In-use Diesel Generators Category (kW) CO, (g/kWh) NO, (g/kWh) PM, (kWh) CO, (g/kWh) <8 8.00 1.30 9.20 1.00 8 ~ 19 6.60 1.30 9.20 0.85 19 ~ 37 6.50 1.30 9.20 0.85 37 ~ 75 6.50 1.30 9.20 0.85 75 ~ 130 5.00 1.30 9.20 0.70 130 ~ 560 5.00 1.30 9.20 0.54 Ref.: Section 62 No.30 Nepal Gazette Part 5 Date: 2068/7/13 Notes:(a) The Sample collection point should be one third part of diesel generator chimney’s height; (b) KW=Power factor x KVA; (c) Test Method: The method should be same as mentioned in ISO 8178 or countries producing generator ISO 8178. 112 Annex 2 Name list of participants, venue of Workshop 113 114 115 116 117 Annex 3: Pictorial Highlights of Consultation Workshop Region: Kathmandu 118 Region: Biratnagar 119 Annex 4 ENVIRONMENTAL and SOCIAL ISSUES TO BE CHECKED/VERIFIED DURING PROJECT PLANNING AND IDENTIFICATION PHASE  Activities Triggering TORT (Trespass, Nuisance, and Negligence) in a community  Activities triggering EPA/EPR or sectoral acts related to environment  Factors responsible for creating waste (solid, liquid, gaseous), toxic waste (chemical, batteries from laboratory etc)  Activities causing possibility of forest degradation and possible loss of vegetation for timber and fuel wood.  Impact on topography and land use changes  Activities triggering climate change related impacts  Activities generating solid and hazardous wastes (laboratories)  Water quality and quantity  Sanitation (disposal of waste water and sewerage/septage management)  Water consumption and pressure on sources  Surface Water pollution/ pressure :  Groundwater pollution/ depletion/ pressure:  Air pollution:, noise pollution etc during construction  Maintain greenery and open spaces  Environmental situation and human health (community)..  Occupational Health and Safety issues during construction and in operation of infrastructures  Issues related to noise and vibrations and impact on operation of existing facilities  Possible burden on local infrastructures  Traffic management related environmental issues.  Environment friendly construction  Natural hazard and risks – river cutting, flooding, earthquake, landslides/erosion, fire hazard etc  Structural safety and status of existing infrastructure  EOE,  Issues related to GESI  Grievances /issues (if any)  Issues related to resettlement and rehabilitation (if any) 120 ANNEX5 ENVIRONMENTAL AND SOCIAL SCREENING/CHECKLIST The following checklist may be used as a reference guide during environmental and social screening of the proposed civil works/physical infrastructure upgrading or construction of buildings for laboratory and general civil work under NLSIP. Project Area Region District: Location: Name of subproject: Brief description of sub project: Include summary of DPR/design/drawings as applicable Environmental and Social Screening Format A. Proposed NLSIP activities including physical infrastructure upgrading/construction activities ……………. ………….. ………………… …………… B Potential environmental issue and screening stage suggestions Issues (during upgrading/ construction and/or Remarks/suggestions operation) Risks of Flood, landslide/erosion hazards Water inundation, drainage problem Earthquake and fire hazards Drinking water (quality, quantity) Wastes (Solid, liquid), management of institution wastes Solid wastes and septage management of institutions Issues of surface water runoff, issues related to ground water pollution/over extractions etc Chemical pollution/hazardous wastes (from laboratories, etc) Risks of accident during construction/upgrading Noise pollution and disposal of construction wastes Air pollution, dusts Source of construction material, and material processing/ crushing etc 121 Sound, ventilation and light (facility design and standards) Health and safety related issues during construction including risks of accident during construction/upgrading (risks to workers and staff, pedestrians, visitors Use of locally available materials Environmental and climatic consideration in plan and design Land availability / issues related to involuntary resettlement as a result of civil works? Beneficiary hhs/groups including caste/ethnicities and gender? Presence of indigenous peoples and their support to the projects? Project's potential impacts on employment, income and livelihoods of the people/communities? Presence of squatters/encroachers in the site; source of income and livelihoods? Any displacement issues? Are there risks of accident during construction/upgrading (risks to workers and staff, pedestrians, visitors Any other site specific environmental issues Any other site specific environmental issues Local grievances (if any) Environmental standards that triggers due to the activity Social standards /requirements that triggers due to activity Screening conclusions/ recommendations C. Screened By (Signature and Date) I. II. F. Screening Approved by Sketch of the Institute premises, its surroundings and lay-out plan of the infrastructure and other pertinent details. 122 ANNEX 6 CRITERIA FOR NEGATIVE LISTING RELATED OR LINKED WITH NLSIP Criteria for Negative Listing related or linked with NLSIP are as follows: i. Activity which triggers for conducting Environmental Impact Assessment (EIA) ii. NLSIP activities using or depending for its resources from national parks and protected areas or any critical aquatic and terrestrial habitat area. iii. NLSIP activities/subprojects that are located in defined/ known high risk zone such as landslide prone area, steep slopes, highly degraded land in hills, riverine area susceptible to annually flooding, and in areas causing large-scale soil erosion. iv. Any activity that involves significant land clearance and excavation on slopes greater than 45 degree. v. Subproject/activities under NLSIP affecting the nationally or internationally renowned heritage site. vi. Sub project/activities under NLSIP that produce hazardous waste vii. Subprojects involved in logging or causing any major environmental harm viii. Subproject that is likely to eliminate indigenous plant species of ecological significance ix. Any activity of the subproject that is likely to make irreversible adverse impact on indigenous communities, women and vulnerable groups x. Subproject activities that promote or involve incidence of child labor 123 ANNEX 7 PROJECT ENVIRONMENTAL MANAGEMENT PLAN Format for simple Site Specific Environmental and Social Management Plan Impacts Mitigation Responsibility Timing of Mitigation Cost Measures Action Note: explain the content of the table. Sketch map of the proposed infrastructure location, surroundings, lay-out plan of the infrastructure facilities, and waste disposal system/sites. Guidance for monitoring. What are the main issues / parameters to be checked during implementation (what issue/ parameter at what stage/when)? 124 ANNEX 8 SAMPLE ESMP OF A CONSTRUCTION/MINOR CONSTRUCTION WORK Impacts Mitigation Measures Responsibility Timing of Mitigation Action Cost Structural Ensure it is safe for Project Prior the Included in safety of the renovation, and for further screening preparation EMF existing construction consultant/RI of Bid structure Impacts Construction material shall ESMP should During bid Contactor’s related to be stored/stock piled in be integral of document responsibilit stockpiling of designated area (fenced and part of preparation, y construction secured, covered). contract bid constructio material document. n phase Contractor should adhere with it. RI/Consultant need to monitor this during construction Impacts Adequate traffic signs, ESMP should During bid Awareness related to warning signs, and be integral of document raising to traffic scheduling of transport part of preparation, staff and obstruction operator in off office hours to contract bid visitors and traffic avoid traffic congestion and document. management, inconvenience to staff. Contractor safety of staff Scheduling of work in off should adhere hours of office and in with it. weekend. RI/Expert need to monitor this during construction Possibility of Discourage use of direct Proper Bid Contractor’s contamination discharge of water in to management document responsibilit of water water bodies without proper of water and preparation y. source due treatment. safe stage, sub project Awareness raising program discharge of constructio construction in community regarding waste water n stage activities. water sources protection adhering with national standards are pre requisite for contractor hence such clauses shall be included in bid document 125 Impacts Mitigation Measures Responsibility Timing of Mitigation Action Cost Impacts Use of safety signs in Contractor Clause to contractor’s related to places, fencing of active include in responsibilit health and work places/construction bid y safety of sites provision of PPE to document, workers, and workers. applied /staff during constructio n phase Socio-economic, Cultural, Environment Disturbance to Prior information Information Prior and Included in local dissemination to the public dissemination during items under residents, regarding the nature, by the RI construction physical community, schedule of work in advance compliance environmen bazzar, Timely completion of work to by the t/project obstruction to minimize disturbance contractor cost their access, Adherence to pollution pollution etc control measures as elaborated above. Pressure on Record keeping of workers Contractor During No cost local Provide orientation and construction allocated infrastructures training to workers for (Temporary due to influx of maintaining social harmony, residual workers prohibition of ill social impact) behaviors (alcohol, gambling etc) Local people shall be engaged in construction as per their skills and qualifications. Note: For site specific environmental and social issues ESMP shall be prepared accordingly. 126 ANNEX 9 ENVIRONMENTAL CODE OF BEST PRACTICES FOR SUB PROJECTS/ACTIVITIES UNDER NLSIP IEE or EIA report of category II sub projects will have built in environment and social management action plan which will fully describe appropriate preventive and curative mitigation measures and their implementation procedures. The category III sub project that are not subjected to formal environmental studies (e.g IEE or EIA) will require adopting Environmental Code of Practice (ECP) both as preventive and curative measures. The ECP described here for group of sub-projects could eliminate or minimize environmental and social risks at acceptable levels. ECP will be included in the clauses of the contractual agreements to be signed between proponents- the subproject implementers and the concerned authorities implementing NLSIP. These best practices should be applied in conjunction with the standard technical standards of concerned infrastructures for preparation of designs. There are generic and project specific best practices as well. Such type of projects within NLSIP requires specific best practices to be followed. Accordingly, best practices to be followed for specific type of sub projects and generic environmental best practices to be followed are elaborated below. ECP primarily focuses in prevention i.e controlling potential hazards at all stages of project value chain, it is a safety management method. The commodity producers, processors/manufactures, traders will have to adapt good practices to meet safety and quality requirements. The good practices commonly are Good Agricultural Practice (GAP), Good Veterinary Practice (GVP), Good Manufacturing Practice (GMP). C. Implementation/Construction Construction Approach  Local people or people's representatives should be involved construction management to better care local environment, generate local ownership feeling and to enhance transfer of technology to local people.  Rural population of Nepal is heavily unemployed or under-employed. Thus, as far as possible labour-based approach should be applied by deploying locally available labour force or workers from neighboring communities. Due to lack of high quality work management at local level, use of heavy equipments should be minimized in environment friendly local infrastructure construction.  The construction materials (sand, stones, wood etc) should be extracted as per need only. Sites for quarrying should be selected such that the quarrying activity should not result into slope instability, erosion, disruption of natural drainage, riverbank cutting, destruction of vegetation and farmland and other physical resource. All borrow pit sites should be stabilized immediately after completion of quarry activity. Managing Risks of Air, Water and Noise Pollution  No horn region should be marked around institutions  Waste and fluids from labor camps should be managed properly. Organic waste should be composed at least 30 meters away from the water sources.  If possible, water should be sprinkled if dust is carried out by wind during construction phase. Managing Risks of Chemicals, hazardous wastes from laboratories etc  Special care should be applied to avoid chemical pollution of land and water bodies due to spilling of chemicals, fuel, lubricants, etc. 127 Appropriate Technology  Maximum consideration should be made to use locally available construction materials. Managing Risks of Air, Water and Noise Pollution  Waste and fluids should be managed properly. Air and noise pollution will only nominal in such construction activities. However, when there are chances of such pollution, appropriate controlling measures should be applied like sprinkling of water. 128 Annex 10 IPs &Vulnerable Groups Impact Screening & Categorization Form A. Project Data Sub-project Title: B. Identification of Impact on IPs/ Vulnerable Group in Sub-project Area Impact on Indigenous Peoples (IPs)/ Ethnic Not Yes No Remarks or Minority(EM)/ Vulnerable Group known identified problems, if any Are there Dalits, Janjatis, or ethnic minorities present in project locations? Do they maintain distinctive customs and traditions and economic activities in their locality? Will the project in any way affect their economic and social activity and make them more vulnerable? Will the project affect their socioeconomic and cultural integrity? Will the project disrupt their community life? Will the project positively affect their health, education, livelihood or social security status? Will the project negatively affect their health, education, livelihood or social security status? Will the project alter or undermine the their local knowledge, customary behaviors or institutions? Are IP and VC households likely to lose customary rights over, access to land? Are IPs and VCs likely to lose shelter/business and be displaced? In case no disruption of indigenous community life as a whole, will there be loss of housing, strip of land, crops, trees and other fixed assets owned or controlled by individual indigenous households? C. Specific Impacts on IPs and VCs No of IP No VC No of IP Govt Forest No of No of No of No of Public families families HHs land land IP/VC IP/VC other IP/VC utilities losing losing losing required required houses shops IP/VC Squatter affecte land land house in Sq. in Sqmts affected affected structure s d over 10% mts. s affected of their affected residence 129 D. Anticipated project impacts on indigenous peoples Project activity and Anticipated positive Anticipated negative output effect effect 1. 2. 3. 4. 5. E. Decision on Categorization After reviewing the above, it is determined that the sub-project is: Categorized as an A project, an Indigenous Peoples Development Plan (IPDP) is required Categorized as a B project, a specific action favorable to indigenous peoples is required and addressed through a specific provision in related plans such as a Resettlement Plan, or a general Social Action Plan Categorized as a ‘C’ project, no IPDP or specific action required ___________________________ _____________________________ Prepared by: Reviewed by: Date: Date: ______________________________ ______________________________ Approved by: Endorsed by: Date: Date: 130 Annex 11 Baseline Condition of the Existing Laboratories and Adherence with Best Environmental Practices There are seven existing major veterinary laboratories in Nepal that deals with the diagnosis of veterinary diseases and cases. It was observed during the preparation of ESMF that laboratory has constraints in regular cleaning and disinfection, proper waste disposal (autoclaving), personal protection, washing of lab coats and risk awareness. Regarding other regional veterinary laboratories (RVL) the availability of the facilities are even poorer. For veterinary laboratory support under NLSIP must follow "Hierarchy of controls" to select ways of dealing with workplace hazards. In this context, it is advisable to for all the labs supported under NLSIP to systematically remove it from the workplace, rather than relying on staff/workers to reduce their exposure. For this purpose following measures are recommended; - Engineering control measures: introduction of measures so that it will change or enhance work environment to reduce work related hazards. Examples; installation of good ventilations, installation of chemical fume hoods, biological safety cabinets, installation of sewage treatment plants - Administrative control measures: e.g. modifying work schedule, practices (developing standard operating practices for chemical handing), SOP for testing protocols - Adhering with good work practices; i.e. introduction of practices for safe and proper work that at used to reduce the duration, frequency or intensity of exposure to hazard. (e. no mouth pipetting, chemical substitution where feasible) - Use of personal protective equipment (PPE), use of gloves, masks, eye glasses, safety boots, and other PPEs as per nature of testing and scope of laboratory services. PPE should be selected based upon the hazard to the worker. Chemical Hazard: The different types of chemicals used in the laboratory possesses physical and/or health threats to staff and the laboratory workers. The chemicals includes toxins, carcinogens, geno toxic waste, radioactive waste etc. For these types of hazards the standard recommends five major elements which includes 1) hazard identification, 2) Chemical hygiene plan, 3) Information and training, 4) Exposure monitoring. Besides these, the recipient laboratory under NLSIP, should prepare Chemical Hygiene Plan (CHP). The CHP is developed to provide guidelines for prudent practices and procedures for the use of chemicals in the laboratory. The laboratory standard requires that the CHP set forth procedures, equipment, PPE, and work practices capable of protecting workers from the health hazards due to chemicals used in the laboratory. The NLSIP recipient laboratory should include CHP which includes, 1) Standard Operating Procedures (SOP), Exposure control measures, use of air, water, noise pollution control, information and training to employee, medical consultations and examinations of staff/workers. Energy and Water Conservation Measures: The laboratories supported under NLSIP, must ensure that water and energy conservation requirements are integral component of the project 131 Solid, liquid, gaseous waste management: The recipient laboratory must integrate these ancillary environmentally friendly technology in their laboratory. For veterinarian clinics, this waste generally includes the following:  Sharps waste – Any needles, syringes, suture needles, scalpels and other similar waste.  Animal waste – Animal carcasses, body parts, bedding and related wastes that come into contact with bodily fluids.  Hazardous waste – Chemo or other pharmaceutical waste. Wastes in the veterinary laboratories are generated in all forms of matter. In addition, the wastes generated bear the characteristics of infectious and sharps, which require special attention. The basic waste disposal practice comprises the disinfecting and disposal activities. Disinfection of wastes depends upon the types of the wastes arising from the laboratory activities. Glassware and other lab equipments like scissors and forceps are autoclaved first and then sterilized in a hot air oven. In case of broken glassware they are simply disposed off in the burial pits. For combustible wastes like papers and plastics simple combustion of the waste in the laboratory premises is carried out. Largely the combustion is open and seldom is carried out in the pits. Besides these wastes, the matter of prime concern is the disposal of the infectious wastes being generated from the laboratory. The infectious wastes include carcasses of dead animals, tissues and organs brought to the laboratory for the test. In most of the laboratories, the disposed infectious wastes are smeared over with Sodium Chloride (common salt) in order to enhance biodegradation inside the pit and at the top lime powder is placed. The wastes are continually added up in the pits and so far emptying the filled up pits have not been conducted. Not any laboratory has the practice of weighing the wastes that are subjected for disposal. Regarding the dimension of the pit, there is no recorded dimension of the pits being utilized for disposal of the wastes. So far, there is no evidence or even estimation on how many times has the pit been filled to its capacity. This gap in information led in difficulty in quantifying the amount of wastes being generated from the laboratory. Burial pits should be provided with metallic lid and locking system. In order to prevent the animals from digging up the pits, the surface of the pit is well concreted. However, the extent of brick lining in the pit and what condition is at the base of pit is still a matter of investigation. The location of burial pits is also crucial factor. In most of the laboratories, burial pits are constructed within the laboratory premises and in case of any laboratory; the pits are constructed within 50 feet from the nearest laboratory building. Similar is the case with the presence of water bodies from the pit site. In order to refurbish the laboratory waste management and disposal following recommendations are made:  Recording the quantity of the wastes generated out from the each sections of laboratory should be done.  Waste quantification should be based on the types of waste i.e. glassware, infectious, sharps, plastics, papers, textile and so on.  While disposing the wastes the pits should be categorically allocated for different types of waste.  Open burning of the wastes should be limited to minimum as far as practicable.  The pit dimension and the volume of waste added each time should be measured. 132  When designing a burial pit laboratory authorities are recommended to follow the instructions provided in health care waste management guidelines, 2014 of GoN In summary, the above mentioned practices are also mentioned in Health Care Waste Management Guidelines, 2014 of the ministry of health/GoN which could be referred as a reference Record Keeping: NLSIP recipient laboratory must maintain accurate record of exposure monitoring activities and other details. Assigning of roles and responsibilities of laboratory staff and workers: The project should develop detail ToR, roles and responsibilities of all the staff engaged in laboratory.The mechanisms for reporting all accidents and potential chemical exposures immediately to the responsible person within laboratory. Capacity Building of Laboratory Staff: The capacity of the laboratory and human resources shall be revisited and based on the need assessment such activities will be devised. Some of the module of trainings are:  Hands on training/ evaluation  Regular competence evaluation  Maintenance of a training program relevant to present and anticipated needs of the laboratory→ continuous improvement  Training on operation of solid waste, water, and waste water treatment facilities including its operation and maintenance. Accreditation As per the intended requirements of the laboratory, the national and international accreditation shall be obtained by the recipient laboratory. NLSIP will facilitate in obtaining such accreditation. The documentation and other requirements to be prepared for obtaining such accreditation is the responsibility of the concerned laboratory/office. The national environmental standards specified in this document and any other that is applicable must complied by such NLSIP supported laboratories. The PMU will ensure such compliance regarding the laboratory standards. 133 134 135 Annex 12 Livestock Distribution Map 136