SFG3838 Health System Performance Strengthening Project (HSPSP): DEVELOPMENT OF AN ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK AND HEALTH WASTE MANAGEMENT PLAN LIST OF ACRONYMS AND ABBREVIATIONS CHDA Community Health and Development Agents (Agentes de Desenvolvimento Comunitário e Sanitário, ADECOS) CHW Community Health Workers DHIS2 District Health Information Software 2 DNPAIA Direcção Nacional de Prevenção e Avaliação de Impactes Ambientais/ National Directorate for Prevention and Evaluation of Environmental Impacts DNSP Departamento Nacional de Saúde Pública (National Department of Public Helath) EIA Environmental Impact Assessment ENA Estratégia Nacional do Ambiente (National Environmental Strategy) ESMF Environmental and Social Management Framework GDP Gross Domestic Product HCWMP Health Care Waste Management Plan HSPSP Health System Performance Strengthening Project IP Indigenous People MHSS Municipal Health Services Strengthening LMIC Lower Middle Income Country MINAMB Ministério do Ambiente/ Ministry of Environment MoH Ministry of Health MPLA Popular Movement for the Liberation of Angola NHS National Health System MoE Ministry of Environment MoH Ministry of Health PASSII Projecto de Apoio ao Sector da Saúde (Health Sector Support Project) PCU Project Coordination Unit PIU Project Implementation Unit PNGA Programa Nacional de Gestão Ambiental (National Environmental Management Programme) PRSMS Municipal Health Services Strengthening Project SADC Southern African Development Community SNS Sistema Nacional de Saúde (National Health System) UNDP United Nations Development Programme UNITA National Union for the Total Independence of Angola WHO World Health Organisation ii Table of Contents LIST OF ACRONYMS AND ABBREVIATIONS ......................................................................................... II SUM�RIO EXECUTIVO ........................................................................................................................1 EXECUTIVE SUMMARY ..................................................................................................................... 13 BACKGROUND TO THE ESMF ........................................................................................................................ 13 PROJECT DESCRIPTION.................................................................................................................................. 14 COMPONENTS OF THE PROJECT ..................................................................................................................... 14 PROJECT BENEFICIARIES ................................................................................................................................ 15 INSTITUTIONAL ARRANGEMENTS .................................................................................................................... 16 PUBLIC CONSULTATIONS ............................................................................................................................... 18 WORLD BANK SAFEGUARD POLICIES .............................................................................................................. 18 ANGOLA ENVIRONMENTAL AND SOCIAL MANAGEMENT LEGAL FRAMEWORK ........................................................ 19 GAPS IN THE ANGOLA LEGAL FRAMEWORK AND WORLD BANK SAFEGUARD POLICIES ............................................. 20 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES ................................................... 20 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK MONITORING REQUIREMENTS.................................... 21 ENVIRONMENTAL AND SOCIAL SCREENING PROCESS ......................................................................................... 22 TRAINING AND INSTITUTIONAL CAPACITY DEVELOPMENT NEEDS ......................................................................... 22 CONCLUSIONS AND RECOMMENDATIONS ........................................................................................................ 23 1 INTRODUCTION .........................................................................................................................1 1.1 PROJECT DESCRIPTION....................................................................................................................... 2 1.2 PROJECT IMPLEMENTATION ARRANGEMENT ......................................................................................... 5 1.3 OBJECTIVES OF THE ENVIRONMENTAL SOCIAL MANAGEMENT FRAMEWORK (ESMF) .................................. 5 2 METHODOLOGY USED TO PREPARE THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) .........................................................................................................................8 3 OVERVIEW OF ANGOLA’S ENVIRONMENTAL POLICIES, LAWS, PROCEDURES, REGULATORY AND ADMINISTRATIVE FRAMEWORKS .......................................................................................................9 3.1 ENVIRONMENTAL FRAMEWORK LEGISLATION FOR THE REPUBLIC OF ANGOLA ............................................ 9 3.1.1 The National Environmental Management Programme....................................................... 10 3.1.2 National Directorate for the Prevention and Evaluation of Environmental Impacts ............ 10 3.1.3 Permits and licences .............................................................................................................. 13 3.1.4 Offences and penalties .......................................................................................................... 14 3.1.5 EIA Guidelines ........................................................................................................................ 15 3.1.6 EIA procedure in Angola ........................................................................................................ 15 3.1.7 Review of EIA reports ............................................................................................................ 16 3.1.8 Environmental monitoring and audits .................................................................................. 17 3.1.9 Other relevant environmentally-related legislation in Angola .............................................. 17 4 OVERVIEW OF THE WORLD BANK’S SAFEGUARD POLICIES TRIGGERED ...................................... 28 4.1 SUMMARY .................................................................................................................................... 28 iii 4.2 SAFEGUARD POLICIES TRIGGERED BY THE PROJECT ............................................................................... 29 4.2.1 OP 4.01 Environmental Assessment ...................................................................................... 29 4.2.2 OP 4.04 Natural habitats....................................................................................................... 31 4.2.3 OP 4.10 Indigenous People .................................................................................................... 32 4.2.4 World Bank Policy on Disclosure of Information ................................................................... 33 5 GAPS IN ANGOLA LEGISLATION AND IN THE WORLD BANK SAFEGAURD POLICIES ...................... 36 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS DUE TO PROPOSED PROJECTS .................. 37 6.1 SUMMARY .................................................................................................................................... 37 6.2 NEGATIVE IMPACTS ........................................................................................................................ 38 7 CUMULATIVE IMPACTS ............................................................................................................ 42 8 MITIGATION MEASURES........................................................................................................... 43 9 ENVIRONMENTAL AND SOCIAL SCREENING PROCESS ................................................................ 49 9.1 SUMMARY .................................................................................................................................... 49 9.2 STEP 1: SITE SCREENING.................................................................................................................. 49 9.3 STEP 2: ENVIRONMENTAL CATEGORIES OF THE ACTIVITIES .................................................................... 50 9.4 STEP 3: CARRYING OUT ENVIRONMENTAL WORK ................................................................................ 50 9.5 STEP 4: REVIEW AND APPROVAL ....................................................................................................... 51 9.6 STEP 5: PUBLIC CONSULTATIONS AND DISCLOSURE .............................................................................. 52 9.7 STEP 6: ENVIRONMENTAL MONITORING AND FOLLOW UP ..................................................................... 53 9.8 RESPONSIBILITIES FOR THE IMPLEMENTATION OF THE SCREENING PROCESS .............................................. 53 10 GUIDELINES FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS AND MONITORING REQUIREMENTS ............................................................................................................................... 56 10.1 GENERIC ENVIRONMENTAL MANAGEMENT PLAN ................................................................................ 56 10.2 MONITORING REQUIREMENTS .......................................................................................................... 56 11 GRIVANCE REDRESS MECHANISM............................................................................................. 59 12 TRAINING AND CAPACITY BUILDING REQUIREMENTS ............................................................... 60 13 RECOMMENDATIONS ............................................................................................................... 61 14 LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED UNDER PUBLIC CONSULTATIONS................... 62 15 REFERENCES ............................................................................................................................ 65 16 ANNEXES: ................................................................................................................................ 66 16.1 ENVIRONMENTAL AND SOCIAL SCREENING CHECKLIST .......................................................................... 66 16.2 ENVIRONMENTAL AND SOCIAL FIELD APPRAISAL FORM ........................................................................ 71 Table 1: health facilities that are part of the hspsp in angola ......................................... 16 Table 2: Health status indicators for Angola .................................................................... 1 Table 3: Population and demographic statistics for Angola vs Africa for the year 2017 .. 2 Table 4: Other relevant legislation in Angola ................................................................. 17 Table 5: Safeguard Policies triggered by the Project .................................................... 29 iv Table 6: Summary Table of Potential Impacts of the Project and Mitigation Measures . 43 Table 7: Responsibilities for Implementation of the proposed screening Process ......... 53 Table 8: Stakeholder database - angola hspsp ............................................................. 63 Figure 1: Context map of Angola showing the 18 provinces into which the country has been divided. ............................................................................................................ 3 v SUM�RIO EXECUTIVO Antecedentes ao QGAS O Quadro de Gestão Ambiental e Social (QGAS), apresenta um informe sobre a implementação do Projecto para o Fortalecimento do Sistema de Saúde (PFSA), busca delinear as disposições e as necessidades de formação na área ambiental durante a implementação e monitoria das medidas de mitigação identificadas para projectos desenvolvidos no âmbito do PFSA. O PFSA manterá o status de categoria B de avaliação ambiental de seu antecessor (ou seja, o Projecto Municipal de Fortalecimento de Serviços de Saúde), que exclarece o motivo pelo qual uma análise ambiental e ambiental parcial é considerada adequada para abordar questões ambientais e sociais específicas associadas a qualquer obra de engenharia e com o fornecimento de suprimentos médicos (ou seja, que causaria preocupações com o gestão de resíduos de saúde). O QGAS fornecerá diretrizes ambientais e sociais, bem como um mecanismo de selecção para contratadas, supervisores e a Unidade de Implementação do Projecto (UIP) para garantir que os investimentos propostos e as subsequentes operações e a manutenção sejam realizados de forma ambientalmente e socialmente sustentável. O presente documento foi elaborado com base numa bibliografia sobre Angola e as áreas afectadas do Projecto (ou seja, as 18 províncias); revisão das lições da síntese das disposições relevantes do quadro jurídico angolano referente às Políticas de Salvaguarda do QGAS e do Banco Mundial e os documentos de orientação; bem como os comentários obtidos das reuniões de consulta pública realizadas ao preparar este documento. Os impactos ambientais e sociais do Projecto previstos serão provavelmente mínimos dado que os impactos ambientais negativos normalmente ocorrem durante as fases de construção dos Projectos e porque este é essencialmente um Projecto social com uma grande componente do trabalho virado principalmente para a capacitação e implementação de medidas para melhorar a prestação de serviços de saúde (ou seja, administração de vacinas e medicamentos, formação e desenvolvimento de habilidades para pessoal adequado e profissionais de saúde, etc.). Podem também surgir impactos relacionados com os riscos de saúde ocupacional para trabalhadores durante a fase de operacionalização das unidades sanitárias e riscos para a saúde ambiental para morradores e residentes nas comunidades circunvizinhas ás unidades sanitárias. Os trabalhadores estão também susceptíveis de estar expostos a níveis significativamente 1 mais altos de contaminação, pois estão em contacto directo com as unidades sanitárias. Descrição do Projecto O Projecto de Fortalecimento do Desempenho do Sistema de Saúde (PFSA) pretende melhorar os serviços de saúde materno-infantil em Angola através da reabilitação e melhoria da infra-estrutura de saúde e da prestação de serviços como vacinação, formação de profissionais de saúde e a melhoria da capacidade dos sistemas de saúde no fornecimento de serviços de saúde primária como parte do Sistema Nacional de Saúde (SNS), de forma a garantir a sustentabilidade e a resiliência do serviço de saúde em Angola (que foi negligenciada durante a prolongada guerra civil do país). The objectives of this QGAS are to:  Proporcionar um processo de selecção ambiental e social para futuros investimentos na melhoria ou reabilitação de infra-estrutura de saúde existente ou nova (isto é, estabelecimentos de saúde, capacitação e formação de pessoal, prestação de serviços de saúde materno-infantil e primário, etc.) e para os quais podem ser necessárias medidas adequadas de mitigação. O QGAS será assim usado como uma ferramenta prática durante a implementação do Projecto.  O processo de triagem será conduzido de acordo com as prescrições da Política de Salvaguarda do Banco Mundial (OP 4.01 Avaliação Ambiental), que exige que todas as operações financiadas pelo Banco sejam avaliadas para possíveis impactos ambientais e sociais e que o trabalho ambiental requerido seja realizado com base nos resultados da triagem, que podem indicar o seguinte: o Que nenhum trabalho ambiental adicional seria necessário; o A aplicação de medidas de mitigação simples por pessoal qualificado seria suficiente; o Que uma avaliação separada do Impacto Ambiental (EIA) seria necessária de acordo com as leis e regulamentos ambientais aplicáveis em Angola; o Que deve haver um Plano de Gestão Ambiental e Social apropriado (PGAS); o Que um Plano de Gestão de Resíduos Hospitalares deve ser preparado. Componentes do Projecto 1) A primeira componente implica melhorar a qualidade dos serviços de saúde nas províncias alvo (para um orçamento estimado em 65,0 milhões US $). Esta 2 componente implicaria apoiar actividades a níveis provincial e municipal para melhorar a qualidade dos serviços de saúde, bem como o desenvolvimento de um piloto de Financiamento Baseado em Resultados (FBR) em duas províncias selecionadas (US $ 10,0 milhões). a. A primeira sub-componente deste Projecto tem como objectivo melhorar a qualidade dos serviços de saúde materno-infantil a níveis provincial e municipal. b. A segunda subcomponente implica a gestão da FBR (10,0 US $ milhões) para apoiar a prestação de serviços de saúde através de um foco de desempenho a nível provincial e municipal. 2) A segunda componente do Projecto envolve o fortalecimento da administração do Sistema Nacional de Saúde (NHS) para apoiar na prestação de serviços de saúde de qualidade (US $ 25,0 milhões). Esta componente visa fortalecer as instituições em todo o sistema nacional de saúde para melhorar a qualidade e coordenação dos serviços de saúde prestados à níveis municipal, provincial e nacional. 3) A terceira componente tem como objectivo apoiar a capacidade de resposta a prevenção de emergências de saúde pública através da provisão de fundos para financiar esforços de resposta destinados à prevenção de potenciais surtos e pandemias. Esta componente só será desenvolvida em caso de emergências de saúde pública e quando certas acções acordadas pelo governo e pelas equipas do Banco forem alcançadas/ não alcançadas. Esta componente se assemelha a um plano de resposta de emergência que só será desencadeado durante casos de emergência e detalhará as acções e medidas de resposta a serem implementadas durante essas emergências. 4) A quarta componente é a Gestão de Projectos, Monitoria e Avaliação (US $ 10 milhões). Esta componente sustenta implementação do Projecto pelo Ministério da Saúde (MdS), incluindo a de Projectos, tarefas fiduciárias, além de Monitoria e Avaliação (M & A). Beneficiários do Projecto O PFSA beneficiará mulheres em idade reprodutiva e crianças menores de cinco anos em 21 municípios de sete províncias. As províncias e seus respectivos municípios são os seguintes: (i) Bengo (Ambriz e Dande, (ii) Luanda (Icolo e Bengo), (iii) Lunda Norte (Chitato, Cambulo, Cuango e Lucapa) (iv) Malanje (Cacuso) Calandula, Malanje e 3 Caculama); (v) Moxico [Comanongue, Luau e Luena (Moxico)]; (vi) Uige (Maquela do Zombo, Negage, Sanza Pombo e Uige); (vii) Cuando Cubango (Cuito Cuanavale, Mavinga e Menongue). A população destes 21 municípios representa um total de 3,8 milhões de habitantes, que corresponde a cerca de 13,5% da população Angolana. O Projecto visa melhorar o desempenho de 288 estabelecimentos saúde de cuidados de saúde primários (ou seja, 117 postos de saúde, 93 centros de saúde e 22 hospitais municipais) nos municípios-alvo. As 288 unidades de cuidados de saúde primárias identificadas representam cerca de 70% das unidades de saúde existentes nos 21 municípios, uma vez que não foi possível cobrir todas as instalações. Os critérios e considerações utilizados foram os seguintes: • Todos os Hospitais Municipais foram considerados • Uma grande parte dos Centros de Saúde e Centros de Saúde Materno-Infantil foram considerados • Hospitais gerais foram excluídos (não foram consideradas unidades primárias, especialmente quando existem hospitais municipais); • Algumas estações e centros de saúde foram excluídos (em algumas províncias, como as estações de Moxico e Malange, servem uma pequena população e envolvem distâncias longas tornando-as inacessíveis) • Kuando-Kubango - Estes são números estimativos visto que uma pesquisa não foi realizada por ser uma nova província para o Projecto. 70% das Unidades Unidades Hospitais Província Consideradas Consideradas Postos Centros Municipais Total Luanda 24 16 11 4 1 16 Bengo 39 27 19 6 2 27 Lunda N. 45 31 19 7 5 31 Moxico 50 35 19 14 2 35 Malange 50 35 9 22 4 35 Uige 80 56 22 30 4 56 K. Kub. *40 32 18 10 4 32 Total 288 232 117 93 22 232 * Estimated number TABELA 1: UNIDADES SANIT�RIAS QUE FAZEM PARTE DO PFSA EM ANGOLA 4 Disposições Institucionais Este Projecto será implementado de forma colaborativa envolvendo várias instituições que trabalham em conjnto. O Ministério da Saúde terá a responsabilidade geral de implementação do Projecto. O Departamento Nacional de Saúde Pública (DNSP) terá a responsabilidade diária na implementação do Projecto. Será estabelecida uma Unidade de Coordenação de Projecto específica (UCP) no MDS que será incorporada fisicamente nos escritórios da DNSP. A UCI será composto pelo pessoal do MDS que ocupará as seguintes funções: um Director de Projecto que reporta ao Director Nacional de Saúde Pública, um Coordenador de Projecto, um Coordenador de Projecto FBR, Especialista em M & E, um Especialista em Gestão Financeiro (FM) e um Especialista em Procurement, onde todos apresentam relatórios ao Director do Projecto. Além disso, para apoiar ainda mais a capacidade fiduciária, a UCI terá dois funcionários das finanças e um Assistente de Procurement. Estas Disposições Innstitucionais desvia-se do estabelecido no actual Projecto Municipal de Fortalecimento de Serviços de Saúde, na medida em que visa capacitar a UCP no Ministério da Saúde de duas formas, sendo instalado no Ministério da Saúde e não fora e incorporando pessoal do Ministério da Saúde nas cargos e funções chave de UIP em vez de contar principalmente com consultores internacionais. Para apoiar o Ministério da Saúde no estabelecimento e capacitação da UIP no Ministério da Saúde, o Projecto irá financiar consultores internacionais nas áreas de Gestão Financeira e Procurement por um período de seis meses a um ano que irá formar o pessoal do Ministério da Saúde que posterioremente assumirá essas funções na UCP. O especialista em Gestão Financeira Projecto a ser recrutado irmá capacitar as duas equipes de Finanças do Ministério da Saúde que serão integradas na UCP, onde uma, será selecionada para assumir o cargo de Especialista em Gestão do Projecto num período compreendido entre 12 a 24 meses. Além disso, a equipe da UIP será apoiada pela equipe técnica do Ministério da Saúde em cada área técnica específica do Projecto, tais como financiamento da saúde, saúde pública, recursos humanos para área da saúde, sistemas de informação em saúde, epidemiologia, entre outros. Além disso, um coordenador FBR fará a gestão do aspecto FBR do Projecto. A Figura 14 abaixo fornece uma visão geral da estrutura do MDS que irá apoiar e implementar o Projecto. 5 O Ministério da Saúde informou ao BM que não possui capacidade fiduciária e destacou isso como sendo um risco para o Projecto. O Banco irá descrever as medidas de mitigação para desenvolver essa capacidade no Ministério da Saúde. Isto precisará ser feito em conjunto com a capacidade ambiental através da nomeação de um recurso que supervisionará a implementação do QGAS / ESMP e EMPs específicos para estudos de EIA que podem ser preparados para Projectos específicos que serão implementados para melhorar a infra-estrutura ou para casos em que é necessário construir novas infra-estruturas (ou seja, laboratórios). O papel desempenhado pelo MoE será o de apoiar o Ministério da Saúde (através da UIP) na identificação de Projectos e actividades que exigem o licenciamento de acordo com o ESMP ou o EMPS específico do Projecto. Especificamente, o MOE ou o especialista ambiental designado prestará acessoria no quadro ambiental de acordo com o QGAS, bem como os protocolos para a implementação do Projecto para maximizar a conformidade ambiental e a sustentabilidade. Todos os Projectos de desenvolvimento propostos precisarão ser submetidos a análise para determinar a necessidade de licenciamento ou estarem sujeitos às medidas de mitigação identificadas nos casos em que não seja necessário o licenciamento. 6 Consultas Públicas As consultas públicas serão realizadas em locais selecionados em todos os 21 municípios abrangidos pelo PFSA, com o objetivo de colher percepções públicas sobre a melhoria das instalações de saúde, bem como sobre os serviços de saúde materno- infantil proposto. O processo de consulta compreenderá os seguintes métodos: (i) consultas de forma individual com os principais interessados (funcionários de ministérios de execução, organizações nacionais, ONGs, Banco Mundial e equipe técnica de províncias alvo), (ii) reuniões públicas a serem realizadas nos municípios, (iii), bem como reuniões de grupos focais ou consultas com comunidades específicas que exigem atenção centrada ou sessões de consulta inovadoras. O objectivo do processo de consulta será de reunir as percepções e opiniões gerais de todas as partes interessadas relevantes (pessoas afectadas pelo Projecto, bem como pessoas interessadas) no Projecto proposto. Entre outros, os Consultores procurarão identificar e confirmar as condições nos diferentes contextos provinciais e locais onde as unidades sanitárias estão a funcionar ou serão estabelecidas, bem como determinar os impactos específicos que precisarão ser abordados no âmbito do presente QGAS. Políticas de Salvaguarda do Banco Mundial As Políticas de Salvaguarda do Banco Mundial (OPs) são obrigatórias na obtenção de apoio financeiro para Projectos voltados para a redução da pobreza e melhoria de meios de subsistência e condições socioeconómicas em comunidades desfavorecidas. Os impactos ambientais previstos no PFSA são mínimos, dado que o Projecto pretende melhorar o acesso aos serviços de saúde já prestados pelos centros de saúde. Para a maior parte, isso incluirá equipamentos e material que pode desencadear a necessidade de eliminação de resíduos hospitalares (ou seja, perigosos) de acordo com as políticas e diretrizes aplicáveis. Embora a melhoria das instalações de saúde ou a provisão de novas instalações (ou seja, laboratórios) possa causar efeitos ambientais e sociais mínimos, é importante que estes sejam abordados no QGAS ou como parte de quaisquer Projectos de EIA que possam ser conduzidos com base nos requisitos específicos desses Projectos. A lista de verificação apresentada nos Anexos dará orientação em termos de necessidade de EIAs ou se as actividades podem ser realizadas após a implementação de medidas de mitigação e as directrizes fornecidas no ESMP. O OP específico desencadeado por actividades no âmbito do PFSA é OP 4.01 (Avaliação Ambiental). 7 O QGAS fornece ferramentas práticas para a preparação e / ou implementação de Planos de Gestão Ambiental e Social (ESMPs), com a sua preparação descrita em documentos separados, preparados em paralelo com o presente QGAS. Quadro Jurídico Ambiental e Social de Angolano Um resumo das políticas, leis e regulamentos ambientais e sociais em Angola, particularmente aqueles relevantes para o Projecto, foi incluído no presente QGAS. A legislação relevante em Angola inclui o seguinte: • A Constituição da República de Angola (2010) • Lei de Bases do Ambiente 5/1998. • Lei da �gua 6/20002 • Lei de Terras 9/2004 • Lei do Ordenamento do Território e Urbanismo • Lei de Recursos Biológicos e Aquáticos 6/2004 • Lei de Actividades Petrolíferas 20/2004 • Decreto Sobre Avaliação de Impacto Ambiental 51/2004 • Decreto sobre Licenciamento Ambiental 59/2007 • Regulamentos sobre Danos Ambientais 194/2001 • Decreto sobre Auditorias Ambientais 1/2010 • Decreto sobre Proteção Ambiental para a indústria do petróleo 39/2000 • Decreto sobre Proteção Ambiental para Atividades Petrolíferas 10/2000 • Lei das Pescas 20/1992. • Lei do Trabalho • Regulamento sobre Contratação de Obras Públicas Civís • Regulamento de Consulta Pública O EIA de Angola é regulada pela Lei Quadro Ambiental. O artigo 16 da Lei do Quadro Ambiental prevê EIA obrigatórias e o Decreto sobre Avaliação de Impacto Ambiental 51/2004 e o processo o processo a ser seguido. O artigo 17 trata do licenciamento, o artigo 18 da auditoria, ambos têm como base os passos semelhantes aos desenvolvidos pelo Banco Mundial. Existem quatro categorias de Projectos, a saber: Categoria A + que exigem que um EIA completo seja realizado e supervisionado por Revisores Especialistas Independentes com experiência verificável; Categoria A que requerem uma EIA completa; A categoria B, que exige um estudo ambiental simplificado, como os impactos potenciais de Projectos neste grupo são considerados menos significativos ou requerem medidas de mitigação menos complexas; e Categoria C que não requerem EIA, mas devem respeitar os regulamentos sobre impacto ambiental. Estes são amplamente alinhados às categorias do Banco Mundial. 8 O Ministério do Meio Ambiente (MMA) é responsável por questões relacionadas à gestão ambiental a todos os níveis (nacional, provincial e distrital), com a assistência da Direcção Nacional de Prevenção e Avaliação de Impactos Ambientais (DNPAIA), que avalia os relatórios recebidos e encaminhados para o MoE com recomendações sobre a necessidade ou não de uma Licença Ambiental. Lacunas no quadro jurídico de Angola e nas políticas de salvaguarda do Banco Mundial A principal lacuna entre a legislação Angolana e as Políticas de Salvaguarda do Banco Mundial é a falta de procedimentos e normas claras para lidar com a saúde e a segurança da população local de uma área do Projecto e / ou dos trabalhadores do Projecto. A legislação Angolana aborda a segurança no local de trabalho, mas, no entanto, é insuficiente em termos de disposições específicas para Projectos, tais como actividades específicas que se enquadram no PFSA. Para combater a lacuna nos procedimentos de saúde e segurança, recomenda-se que as Diretrizes Ambientais, de Saúde e Banco Mundial (2007) orientem o proponente do Projecto em todas as fases de implementação do Projecto e forneçam algumas orientações sobre medidas de mitigação adequadas a serem tomadas. Potenciais Impactos ambientais e sociais s e medidas de mitigação Uma vez que actividades relacionadas com a implementação do PFSA implicam melhoria do acesso aos serviços de saúde, bem como a construção ou actualização de laboratórios em locais já existentes, não estão previstas aquisições de terras ou impactos negativos em habitats importantes. A maioria dos impactos antecipados pode ser respondidas de forma adequada ou pelas medidas genéricas de mitigação propostas neste QGAS. É possível que algumas actividades, como a construção ou a renovação de laboratórios, possam desencadear estudos de EIA que incluam EMPs mais detalhados abordando medidas específicas de mitigação que orientarão a implementação do Projecto. As actividades e os sub-Projectos no âmbito do Projecto PFSA foram considerados Projectos de Categoria B, pois todos os potenciais impactos para as sub-componentes ou as actividades do Projecto são considerados específicos do local, reversíveis ou passíveis de acções de gestão e, em todos os casos, as medidas de mitigação podem ser prontamente projectadas. Alguns dos impactos genéricos ambientais e sociais 9 incluem, mas não estão limitados aos seguintes: erosão do solo (resultante da depuração da vegetação e escavações de solos onde exista reabilitação ou construção de novos locais); poeira e poluição do ar; geração de resíduos sólidos e líquidos e seu tratamento ou descarte; resíduos hospitalares (cuidados de saúde) e a necessidade de tratamento ou eliminação; riscos de infecções para profissionais de saúde; riscos de propagação de doenças como o aumento das taxas de HIV / AIDS como resultado do afluxo de trabalhadores sazonais para os locais do Projecto; incidentes e acidentes no local de trabalho; bem como ruído e vibrações e conflitos sociais, entre outros. Embora alguns impactos ambientais e sociais negativos sejam esperados neste Projecto, há também alguns impactos positivos significativos que podem contrariar os negativos. Os impactos positivos incluem: melhor estado de saúde em Angola, ambientes seguros e saudáveis, melhores meios de subsistência e estimulação económica como resultado de uma população muito mais saudável, entre outros. Requisitos de Monitoria do Quadro de Gestão Ambiental e Social O monitoria e o relatório de progresso são fundamentais para a boa implementação do EMSF, bem como do Projecto geral PFSA. Os relatórios têm como base um conjunto de indicadores que devem ser reportados regularmente, com responsabilidades específicas e indicadores aqui estabelecidos, que serão integrados ao sistema geral de monitoria e avaliação (M & E) do Projecto. O objectivo específico do processo de monitoria é de garantir que o ESMP seja cumprido e verificado a todos os níveis e estágios do ciclo de implementação do Projecto. O monitoria deve ser um processo contínuo e deve incluir o estágio de conformidade, bem como a realização dos objectivos do Projecto. Dado o número de instituições envolvidas na implementação do PFSA, recomenda-se que uma equipe de coordenação interinstitucional, com o apoio do Comité Director, coordene e actue com outras instituições governamentais relevantes no que se refere a monitoria ambiental e social do Projecto. Os relatórios semanais, mensais, trimestrais e anuais devem ser preparados e distribuídos para todas as entidades relevantes. A implementação e a monitoria da QGAS devem ser realizadas por cada um dos proponentes do Projecto, em conjunto com as autoridades provinciais e locais e após consulta às pessoas afectadas. As revisões anuais da implementação do QGAS serão realizadas por um consultor local independente, ONG ou outro provedor de serviços que não esteja envolvido no PFSA, sujeito a aprovação do Comité de Direcção e do Banco Mundial. Auditorias independentes, bi-anuais solicitadas devem ser realizadas. 10 Processo de triagem ambiental e social O processo de triagem destina-se a determinar que actividades do Projecto resultarão provavelmente em impactos ambientais e sociais negativos significativos, com vistas a determinar medidas adequadas de mitigação de impacto para essas actividades e garantir a sustentabilidade ambiental de sub-Projectos realizados nas áreas do Projecto. O processo de triagem para este Projecto consiste em quatro etapas: i) revisão da lista de verificação de impactos ambientais e sociais para Projectos; ii) triagem dos impactos das sub-componentes e dos locais; iii) atribuição de categorias ambientais; e iv) preparação, revisão e aprovação de um Plano de Acção Ambiental. O processo de triagem será realizado utilizando um formulário de triagem a ser anexado a este QGAS. As salvaguardas já estabelecidas pela equipe especializada nas unidades de implementação serão responsáveis pela realização do processo de selecção ambiental e social em estreita colaboração com a DNPAIA e a Unidade de Coordenação do Ministério da Saúde (UCP) no Ministério da Saúde. Necessidades de Formação e Capacitação Institucional A BM já identificou a necessidade capacitação institucional no Ministério da Saúde, especialmente para a UCP, particularmente no que se refere à Gestão Financeira do Projecto ou a outros aspectos do Projecto (ou seja, gestão ambiental). Propomos que sejam realizadas sessões dedicadas com a UCP para aconselhá-las e induzi-las no QGAS e em quaisquer EMPs ou ESMPs que acompanharão este QGAS. Além disso, esse treinamento deve se concentrar no processo ambiental que é parte deste QGAS para permitir que os funcionários compreendam melhor suas responsabilidades para a implementação de Projectos. Especificamente, a formação inicial / capacitação incidirá sobre:  Identificar e capacitar pessoal relevante a todos os níveis, que será responsável pelo monitoria de PGES a nível local, distrital e provincial;  Assegurar uma coordenação intra-institucional eficaz para satisfazer a implementação adequada das medidas de mitigação propostas para melhorias contínuas na gestão ambiental e social. Para uma efectiva integração das medidas de mitigação propostas na planificação, implementação e operacionalização das actividades do programa, a implementação do EMP do Projecto é da responsabilidade dos proponentes do Projecto (MDS, através da 11 UCP, bem como as Províncias e os respectivos municípios) que assegurarão o cumprimento de todas as medidas estipuladas no PGES pelas partes interessadas. Além disso, deve ser obrigatório que todos os empreiteiros e supervisores empregem Especialistas Ambientais experientes para garantir o cumprimento do QGAS / ESMP. Conclusão e Recomendações Espera-se que os impactos ambientais e sociais negativos associados ao Projecto e às actividades que serão realizadas como parte do PFSA sejam de baixo a curto prazo, colocados a curto prazo, principalmente insignificantes, e podem ser mitigados pelo cumprimento deste QGAS e dos regulamentos de EIA relevantes e prescrições (quando relevante), bem como o Plano de Gestão Ambiental e Social (ESMP). Devem ser delineadas medidas específicas a ser implementadas pelas Contratadas, que devem fazer parte do contrato e subsequentes EMPs. 12 EXECUTIVE SUMMARY Background to the ESMF The Environmental and Social Management Framework (ESMF), which informs the implementation of the Health System Performance Strengthening Project (HSPSP), seeks to outline institutional arrangements and related environmental training needs during implementation and monitoring of the mitigation measures identified for projects under the HSPSP. The HSPSP will retain the environmental assessment category B status of its predecessor (i.e. the Municipal Health Services Strengthening Project), which informs why a partial environmental and social analysis is considered adequate to address specific environmental and social issues associated with any civil works and with the provision of medical supplies (i.e. which would trigger concerns about healthcare waste management). The ESMF will provide environmental and social guidelines, as well as a screening mechanism for contractors, supervisors, and the Project Implementation Unit (PIU) to ensure that proposed investments and subsequent operation and maintenance are carried out in an environmentally and socially sustainable manner. The current document was prepared on the basis of extensive literature reviews on Angola and the affected project areas (i.e. the 18 provinces); review of lessons from the synthesis of relevant provisions from the Angolan legal framework related to the ESMF and World Bank Safeguard Policies and guideline documents; as well as feedback obtained from public consultation meetings carried out when preparing this document. The environmental and social impacts anticipated from the project are likely to be very minor given that negative environmental impacts normally arise during the construction phases of projects and because this is essentially a socially-premised project with a large component of the work focusing mainly on capacity building and implementation of measures to improve the provision of healthcare services (i.e. administration of vaccinations and medicines, provision of training and skills to suitable personnel and healthcare workers, etc.). Impacts may also arise during the operational phase of the healthcare facilities related to both occupational health risks to workers and environmental health risks to residents and workers adjacent to the health units. Workers are also likely to be exposed to significantly higher levels of contaminants as they are in direct contact with the healthcare facilities and units. 13 Project description The Health System Performance Strengthening Project (HSPSP) sets out to improve maternal and child healthcare services in Angola through rehabilitating and improving health infrastructure and provision of services such as vaccination, training of medical health professionals, as well as strengthening the capacity of the healthcare systems to provide primary health services as part of the National Health System (NHS), in a manner that will ensure the sustainability and resilience of the healthcare service in Angola (which had been neglected during the protracted civil war in the country). The objectives of this ESMF are to:  to provide an environmental and social screening process for future investments in the improvement or rehabilitation of existing or new healthcare infrastructure (i.e. healthcare facilities, capacity building and training of staff, provision of maternal, child and primary healthcare services, etc.) and for which appropriate mitigation measures might be required. The ESMF will thus be used as a practical tool during project implementation.  The screening process will be conducted in line with the prescripts of the World Bank Safeguard Policy (OP 4.01 Environmental Assessment), which requires that all Bank-financed operations are screened for potential environmental and social impacts, and that the required environmental work will be carried out based on the screening results, which may indicate the following: o That no additional environmental work would be required; o The application of simple mitigation measures by qualified staff would be sufficient; o That a separate environmental impact assessment (EIA) would be required in keeping with applicable environmental laws and regulations in Angola; o That there must be an appropriate Environmental and Social Management Plan (ESMP); o That a Healthcare Waste Management Plan ought to be prepared. Components of the Project 5) The first component entails improving the quality of health services in target Provinces (for an estimated budget of US$65.0 million). This component would entail supporting activities at the provincial and municipal levels to improve the quality of healthcare services as well as the development of a results-based financing (RBF) pilot in two selected provinces (US$10.0 million). 14 a. The first sub-component of this project is on the improvement of the quality of maternal and child healthcare services at the provincial and municipal levels. b. The second subcomponent entails piloting RBF (US$10.0 million) to support the delivery of healthcare services through a performance focus at the provincial and municipal level contexts. 6) The second component of the project entails strengthening the stewardship of the National Health System (NHS) to support the delivery of quality health services (US$25.0 million). This component aims at strengthening institutions across the national health system to improve the quality and coordination of healthcare services delivered at the municipal, provincial, and national levels. 7) The third component aims to support the capacity to respond to and prevent public health emergencies through the provision of surge funding to finance response efforts directed at preventing outbreaks from potentially becoming deadly pandemics. This component will only be triggered in case of public health emergencies and when certain actions agreed to by the Government and Bank teams are met/ not met. This component resembles an emergency response plan of sorts which will only be triggered during cases of emergencies and will detail response actions and measures to be implemented during such emergencies. 8) The fourth component is Project Management, Monitoring and Evaluation (US$10M). This component supports project implementation by the Ministry of Health (MoH), including project management, fiduciary tasks, as well as Monitoring and Evaluation (M&E). Project beneficiaries The HSPSP will target women of reproductive age and children under the age of five in 21 municipalities in seven provinces. The provinces and their respective municipalities are the following: (i) Bengo (Ambriz and Dande; (ii) Luanda (Icolo e Bengo); (iii) Lunda Norte (Chitato, Cambulo, Cuango, and Lucapa; (iv) Malanje (Cacuso, Calandula, Malanje, and Caculama); (v) Moxico [Comanongue, Luau, and Luena (Moxico)]; (vi) Uige (Maquela do Zombo, Negage, Sanza Pombo, and Uige); (vii) Cuando Cubango (Cuito Cuanavale, Mavinga, and Menongue). The population of these 21 municipalities represent a total of 3.8 million people comprise about 13.5 % of the population of Angola. The project aims to improve the performance of 288 primary health care facilities (i.e. 117 health posts, 93 health 15 centres and 22 municipal hospitals) in the target municipalities. The 288 primary health care units identified represent about 70% of existing health units in the 21 municipalities as it was not possible to cover all facilities. The criteria and considerations used were as follows:  All the Municipal Hospitals were considered  A large part of the Health Centres and Maternal and Child Health Centres were considered  General Hospitals were excluded (not considered as primary units, especially when there are Municipal hospitals);  Some stations and health centres were excluded (in some provinces such as Moxico and Malange stations are serve a small population and involve long distances making them inaccessible)  Kuando-Kubango – These are estimated numbers as a survey has not been done because it is a new province for the project. Units 70% of Units Municipal Province Considered Considered Posts Centres Hospitals Total Luanda 24 16 11 4 1 16 Bengo 39 27 19 6 2 27 Lunda N. 45 31 19 7 5 31 Moxico 50 35 19 14 2 35 Malange 50 35 9 22 4 35 Uige 80 56 22 30 4 56 K. Kub. *40 32 18 10 4 32 Total 288 232 117 93 22 232 * Estimated number TABLE 2: HEALTH FACILITIES THAT ARE PART OF THE HSPSP IN ANGOLA Institutional arrangements This project will be implemented in a collaborative fashion involving several institutions working together. The MoH will have overall responsibility for project implementation. The National Department of Public Health (DNSP) will be responsible for the day-to-day implementation of the project. A specific Project Coordination Unit (PCU) within the MOH will be established that will be physically housed in the DNSP offices. The PIU will consist of MoH staff who will occupy the following roles: a Project Director who reports to the National Director of Public Health, a Project Coordinator, an RBF Project 16 Coordinator, an M&E Specialist, a project Financial Management (FM) Specialist, and a Procurement Specialist, who all report to the Project Director. In addition, to further support the fiduciary capacity, the PIU will include two finance staff and a Procurement Assistant. This institutional arrangement deviates from that established under the current Municipal Health Services Strengthening Project as it aims to build the PCU capacity within the MoH in a two-fold manner, by being housed within the MoH and not externally, and by incorporating MOH staff to take on key PIU roles and functions instead of relying primarily on international consultants. To support the MOH in establishing and building the PIU capacity within the MOH, the project will finance international consultants in the areas of Financial Management and Procurement for a six-month to one-year period who will train the MOH staff who will take on these positions with the PCU. The project FM Specialist to be recruited will train the two MOH finance staff to be deployed at the PCU, where one of them will be selected to take over the position of project FM Specialist within a period between 12 to 24 months. Furthermore, the PIU team will be supported by technical staff of the MOH for each specific technical area of the project, such as health financing, public health, human resources for health, health information systems, epidemiology, among others. In addition, an RBF coordinator will manage the RBF aspect of the project. Figure 14 below provides a visual overview of the MOH structure that will support and implement the project. The MoH have indicated to the WB that they do not have fiduciary capacity and highlighted this as a risk to the project. The Bank will outline mitigation measures to build this capacity in the MoH. This will need to be done jointly with environmental capacity through the appointment of a resource who will oversee the implementation of 17 the ESMF/ESMP and specific EMPs for EIA studies that may be prepared for specific projects that will implemented to upgrade infrastructure or for those cases where new infrastructure (i.e. laboratories) need to be built. The role played by the MoE will be that of advising the MoH (through the PIU) with the identification of projects and activities that require licensing as per the ESMP or project specific EMPS. Specifically, the MoE or the appointed environmental specialist will advise on the environmental framework as per the ESMF as well as the protocols for project implementation to maximise environmental compliance and sustainability. All proposed development projects will need to be subjected to screening to determine the need for licensing or subjected to the mitigation measures identified in cases where no licensing is required. Public consultations Public consultations will be carried out in selected sites in all 21 municipalities targeted by the HSPSP, with the objective of gathering public perceptions of the proposed improvement of healthcare facilities as well as maternal child healthcare services. The consultation process will comprise the following methods: (i) consultations on a one-to- one basis with key stakeholders (officials from line ministries, national organizations, NGOs, the World Bank and technical staff from targeted provinces), (ii) public meetings to be held in the municipalities, (iii) as well as focus group meetings or consultations with specific communities who require focused attention or innovative consultation sessions. The objective of the consultation process will be to gather the general perceptions and views of all relevant stakeholders (project affected persons as well as interested persons) on the proposed project(s). Among others, the Consultants will seek to identify and confirm conditions in the different provincial and local contexts where the healthcare facilities are in place or will be established, as well as determine specific impacts that will need to be addressed under the scope of the present ESMF. World Bank Safeguard Policies The World Bank Safeguard Policies (OPs) are mandatory to obtain financial support for projects that are geared to poverty reduction and improvement of livelihoods and socioeconomic conditions in underprivileged communities. Environmental impacts envisaged under the HSPSP are minimal given that the project plans to improve access to healthcare services already being provided by health centres. For the most part, this will include equipment and medical supplies which may trigger the need for disposal of medical waste (i.e. hazardous) in line with applicable policies and guidelines. 18 Although improvement of healthcare facilities or the provision of new facilities (i.e. laboratories) is expected to cause minimal environmental and social effects, it is important that these are addressed in the ESMF or as part of any EIA projects that may need to be conducted based on the specific requirements of such projects. The screening checklist provided in the Annexes will provide guidance in terms of the need for EIAs or if activities can proceed following the implementation of mitigation measures and guidelines provided in the ESMP. The specific OP triggered by activities under the HSPSP is OP 4.01 (Environmental Assessment). The ESMF provides practical tools for preparing and/or implementing Environmental and Social Management Plans (ESMPs), with the preparation thereof described in separate documents prepared in parallel to the present ESMF. Angola Environmental and Social Management Legal Framework A summary of environmental and social related policies, laws and regulations in Angola, particularly those of relevance to the Project has been included in the present ESMF. Relevant legislation in Angola include the following:  The Constitution of the Republic of Angola (2010)  Environment Framework Law 5/1998.  Water Law 6/20002  Land Law 9/2004  Land Use Planning and Urban Development Act 3/2004  Biological and Aquatic Resources Act 6/2004  Petroleum Activities Act 20/2004  Decree on Environmental Impact Assessment 51/2004  Decree on Environmental Licencing 59/2007  Environmental Damage Regulations 194/2001  Decree on Environmental Audits 1/2010  Decree on Environmental Protection for the Oil Industry 39/2000  Decree on Environmental Protection for Petroleum Activities 10/2000  Fisheries Act 20/1992.  Labour Law  Regulations on Contracting for Public Civil Works  Public Consultation Regulations Angola’s EIA is regulated by the Environmental Framework Law. Article 16 of the Environmental Framework Law makes provision for mandatory IEAs and the Decree on 19 Environmental Impact Assessment 51/2004 and the process to be followed. Article 17 deals with licensing, article 18 with auditing, both of which are based on steps similar to those developed by the World Bank. There are four categories of projects, namely: Category A+ which require a full EIA to be undertaken and supervised by Independent Specialist Reviewers with verifiable experience; Category A which require a full EIA; Category B which require a simplified Environmental Study as the potential impacts of projects in this grouping are considered less significant or require less complex mitigation measures; and Category C which do not require an EIA but must abide by the regulations on environmental impact. These are broadly aligned to the World Bank categories. The Ministry of Environment (MoE) is responsible for issues related to environmental management at all levels (national, provincial and district), with the assistance of the Directorate for the Prevention and Evaluation of Environmental Impacts (DNPAIA), who evaluate reports received and forward to the MoE with recommendations on whether an Environmental Licence is required or not. Gaps in the Angola legal Framework and World Bank Safeguard Policies The major gap between the Angolan legislation and the World Bank Safeguard Policies is the lack of clear procedures and norms for handling health, safety and security of both the local population of a project area and/ or the project workers. The Angolan legislation does touch on safety in the workplace, but does however fall short in terms of making specific provisions for projects such as specific activities that will fall under the HSPSP. To bridge the gap on procedures for health, safety and security, the World Bank Group Environmental Health and Safety Guidelines (2007)1 are recommended to guide the project proponent throughout all phases of implementation of the project, and to provide some guidance on suitable mitigation measures that should be taken. Potential environmental and social impacts and mitigation measures Because activities related to the implementation of the HSPSP entail improvement of access to healthcare services as well as construction or upgrade of laboratories on already-existing sites, no land acquisition or negative impacts on important habitats are envisaged. Most of the impacts anticipated can be sufficiently catered or by the generic mitigation measures proposed in this ESMF. It is possible that some activities such as the construction or renovation of laboratories may trigger EIA studies that would include more detailed EMPs addressing specific mitigation measures that will guide project implementation. 1 World Bank Group EHS 2007: http://www.ifc.org/wps/wcm/connect/554e8d80488658e4b76af76a6515bb18/Final%2B- %2BGeneral%2BEHS%2BGuidelines.pdf?MOD=AJPERES 20 Activities and subprojects under the HSPSP project have been assumed to be Category B projects as all potential impacts for the sub-components or project activities are considered site-specific, reversible or amenable to management actions, and in all cases mitigation measures can be readily designed. Some of the generic environmental and social impacts include, but are not limited to the following: soil erosion (resulting from vegetation clearance and excavations of soils where there is rehabilitation or construction of new sites); dust and air pollution; solid and liquid waste generation and the treatment or disposal thereof; medical (healthcare) waste and the need for treatment or disposal thereof; risks of infections for healthcare personnel; risks of spread of diseases such as increases in HIV/AIDS rates as a result of the influx of temporary workers into project sites; incidents and accidents in the workplace; as well as noise and vibrations and social conflicts, amongst others. Although some negative environmental and social impacts are expected from this project, there are also some significant positive impacts that may counteract the negative ones. The positive impacts include: improved health status in Angola, safe and healthy environments, improved livelihoods and economic stimulation as a result of a much healthier population, amongst others. Environmental and Social Management Framework Monitoring Requirements Monitoring and reporting on progress are critical for the successful implementation of the EMSF as well as of the overall HSPSP project. Reporting is based on a set of indicators which should be reported on, on a regular basis with specific responsibilities and indicators set out here which will be mainstreamed into the overall monitoring and evaluation (M&E) system for the project. The specific objective of the monitoring process is to ensure that the ESMP is complied with and verified at all levels and stages of the project implementation cycle. Monitoring shall be a continuous process and should include the status of compliance as well as achievement of the objectives of the project. Given the number of institutions involved in the implementation of the HSPSP, it is recommended that an inter-institutional coordination team, with the support of the Steering Committee, coordinates and liaises with other relevant government institutions with regards to environmental and social monitoring of the project. Weekly, monthly, quarterly and annual reports shall be prepared and distributed to all relevant entities. The ESMF implementation and monitoring should be carried out by each of the project proponents, in conjunction with provincial and local authorities, and following 21 consultation with affected persons. Annual reviews of the implementation of the ESMF will be carried out by an independent local consultant, NGO or another service provider that is not involved in the HSPSP, subject to agreement by the Steering Committee and the World Bank. Independently-commissioned bi-annual environmental audits should be carried out. Environmental and Social Screening Process The screening process is aimed at determining which of the project activities are likely to result in significant negative environmental and social impacts, with a view to determining appropriate impact mitigation measures for such activities, and to ensure environmental sustainability of sub-projects undertaken in the Project areas. The screening process for this project consist of four steps: i) review of environmental and social impacts checklist for projects; ii) screening of impacts from the sub- components and sites; iii) assignment of environmental categories; and iv) preparation, review and approval of an Environmental Action Plan. The screening process will be carried out using a screening form to be attached to the Annexes of this ESMF. The safeguards that have already been established by the specialist team in the implementation units will be responsible for carrying out the environmental and social screening process in close collaboration with DNPAIA and the MoH/the Project Coordination Unit (PCU) within the MoH. Training and Institutional Capacity Development Needs The WB has already identified the need for institutional capacity in the MoH, especially for the PCU especially with regard to Project Financial Management or other aspects of the project t (i.e. environmental management). We propose that dedicated sessions be held with the PCU to advise and induct them on the ESMF and any EMPs or ESMPs that will accompany this ESMF. In addition, such training should focus on Environmental process that is party of this ESMF to enable officials to better understand their responsibilities for the implementation of projects. Specifically, the induction/training will focus on:  Identifying and training relevant personnel at all levels who will be responsible for monitoring of ESMPs at site, district and provincial levels;  Ensure effective intra-institutional coordination to satisfy appropriate implementation of the proposed mitigation measures for continued improvements in environmental and social management. 22 For an effective integration of the proposed mitigation measures into planning, implementation and operation of the program’s activities, the implementation of the Project’s EMP is the responsibility of the project proponents (MoH, through the PCU, as well as the Provinces and the respective municipalities) who will ensure compliance with all measures stipulated in the ESMP by stakeholders. Furthermore, it should be mandatory that all contractors and supervisors employ experienced Environmental Specialists to ensure compliance with the ESMF/ESMP. Conclusions and Recommendations It is expected that the negative environmental and social impacts associated with the project and activities that will be undertaken as part of the HSPSP will be low to short- term, localised to short-term, mostly insignificant, and can be mitigated through compliance with this ESMF and relevant EIA Regulations and prescripts (where relevant) as well as the Environmental and Social Management Plan (ESMP). Specific measures that should be implemented by Contractors have been outlined, which should form part of the Contractors’ contract and subsequent EMPs. 23 1 INTRODUCTION Decades of civil war and strife following the end of colonial rule in Angola left the country in a dire state without a properly functioning healthcare system. Evidence for this is in the form of a reportedly poor healthcare infrastructure and very lopsided health metrics (i.e. high child mortality rates, high maternal mortality rates, high prevalence of underweight children, as well as high fertility rates which are higher than those of other countries in sub-Saharan Africa – see Table 3). In addition, Angola has very poorly developed agricultural infrastructure, as well as lack of decent roads and dilapidated buildings owing to lack of investment during the many years of the prolonged civil war. The state of infrastructure, as with that of other useful socioeconomic metrics, lags that of comparable countries in sub-Saharan Africa and even among so called Lower Middle Income Countries (LIMC), of which Angola is a member. The focus of this study is the health sector in Angola and hence the statistics quoted will be primarily on the healthcare sector. TABLE 3: HEALTH STATUS INDICATORS FOR ANGOLA Indicator Measure Angola Sub-Saharan Africa Source Data Source Data (year) Life Life 38 (male) 47 (male) expectancy at WHO 2004 WHO 2004 expectancy 42 (female) 49 (female) birth Infant deaths MCS 2001 115.7 Infant mortality per live 1,000 WDI 2009 79 (2007) rates births IBEB 2008 150 Child deaths MICS 2001 250 Under 5 per 1,000 live WDI 2007 158 WDI 2009 124.9 (2007) mortality rates births IBEP 2008 195 Maternal UNDP 2007 1,400 – 1,700 Maternal deaths per WDI 2009 832 (2005) mortality ratio 10,000 live WDI 2009 1400 births Number of babies per WHO 2004 6.7 woman Fertility rates through the WDI 2009 4.9 (2007) end of childbearing UNICEF 2007 5.8 period Low weight by Prevalence of MICS 2001 31% age > 2 underweight standard WHO 24.9 (2001) children >5 deviation from years UNICEF 2007 16% average 1 Prevalence of HIV HIV among UNGASS 2.0% UNAIDS 2008 5.7 (2007) prevalence adults (15 – 2010 49-year-old) Source: Connor Catherine, Denise Averbug, and Maria Miralles. July 2010. Angola Health System Assessment 20/20, Abt Associates Inc. TABLE 4: POPULATION AND DEMOGRAPHIC STATISTICS FOR ANGOLA VS AFRICA FOR THE YEAR 2017 Year 2017 Angola Africa % change 3.37 2.55 Yearly change 970,730 31,197,515 Migrants 0 -462,112 Median age 16.5 19.4 Fertility 5.58 4.66 2 Density (p/km ) 24 42 Urban population % 37.1 40.2 Urban population 11,047,226 505,429,407 Country share of world 0.39% 16.6% population (%) Global rank 48 2 Source: http://www.worldometers.info/world-population/angola-population/ Public spending on health and infrastructure has decreased since 2013 owing largely to dependence of the country on earnings from the petroleum sector. The extended period of lower oil prices over the past year or so has put pressure on the revenue of the Angolan government (which is still dependent on oil in the absence of meaningful economic diversification), resulting in added pressure on the delivery of services and reconstruction efforts. It is worth noting that countries with a similar economic profile to that of Angola (i.e. Nigeria, Venezuela – government revenues are dependent on earnings from oil) have been similarly affected. This means there is less money for investment in important social infrastructure and services such as education, healthcare, etc. Unfortunately, these are the areas that need priority investment in a country such as Angola, which desperately needs assistance in reducing poverty and rebuilding infrastructure damaged during the long-drawn-out civil war. 1.1 Project description The Health System Performance Strengthening Project (HSPSP) arises out of funding received by the Angolan Government from the World Bank for the Municipal Health Services Strengthening Project (PRSMS, P111840). The PRSMS is a USD $70.8 million project (which was approved in 2010 and due to come to an end in 2018), to 2 improve the population’s utilization of maternal and child healthcare services in Angola. The project has had some successes in the way of improved health services in Angola such as in improved immunization and antenatal care at provincial and municipal levels, personnel who received training in obstetric and neonatal emergencies, the integrated management of childhood illnesses, as well as monitoring and evaluation. FIGURE 1: CONTEXT MAP OF ANGOLA SHOWING THE 18 PROVINCES INTO WHICH THE COUNTRY HAS BEEN DIVIDED. 3 The PRSMS targeted 18 municipalities in six of Angola’s 18 provinces (i.e. Luanda, Bengo, Malange, Lunda Norte, Moxico and Uige), which collectively have an estimated population of 2.1 million of the target population in the country (i.e. the population of the country is currently estimated at 26,655,5132). In the six provinces targeted by the project, there was notable improvement in healthcare service delivery at the primary level as confirmed by increased births with skilled attendants, as well as an increased number of children receiving vaccines (i.e. the pentavalent vaccine). The PRSMS included capacity building and training of over 2,000 personnel in areas such as emergency neonatal and obstetric care, integrated management of childhood illnesses, as well as management, monitoring and evaluation. The lessons and experiences garnered from the PRSMS ought to be replicated in the other provinces in the country in the HSPSP project and subprojects. To protect people and the biophysical environment from negative impacts and minimize the potential damage of such impacts on the environment, the HSPSP will be guided by an ESMF and a separate HWMP. The ESMF will outline the institutional arrangements and related environmental training needs for the implementation and monitoring of the mitigation measures of anticipated projects’ environmental and social impacts. Potential environmental impacts will be addressed in the context of this ESMF, especially to do with expected investments in the renovation of existing healthcare infrastructure and facilities (i.e. such as laboratories), as well as the construction of new infrastructure/facilities. Project activities are not expected to result in loss of livelihoods or loss of access to economic assets (i.e. access to improved healthcare services is expected to be in already existing sites), meaning that no land acquisition or any negative impacts on important natural habitats is envisaged as a result of project activities associated with the HSPSP. However, as the government entails scaling up the delivery of healthcare services to 21 municipalities in 7 provinces in the country under the current Project and to also include municipalities in the Huila and Moximo Provinces (i.e. which reportedly contains San Populations that may be impacted upon by the Project), a separate public consultation process will be required. The purpose of the public consultation process will be to assess the presence of Indigenous People in the new Municipalities targeted by the project, as well as preparing an Indigenous People Policy Framework (IPPF) for those cases where the presence of indigenous peoples (i.e. the San) is confirmed. The potential environmental and social impacts associated with the Project have been highlighted, and suitable mitigation measures to offset the potential negative impacts have been recommended to the project proponent. Recommendations have also been 2 https://www.populationpyramid.net/population-size-per-country/2017/ 4 made with regards to the need to improve the institutional capacity of the entities responsible for each of the sub-components to continue integrating environmental and social considerations in the related projects. 1.2 Project Implementation Arrangement The Successful implementation of projects identified in the HSPSP will follow the framework laid out in this ESMF to contain or minimise any negative environmental and social effects that may arise. This will require coordination between all the groups/stakeholders with interest in the success of the projects. Among others, the key stakeholders will involve the Ministry of Environment (i.e. who has overall responsibility for environmental sustainability and for ensuring that subprojects are licenced and guided by conditions in the ESMP); the Ministry of Health (who will have overall responsibility for the HSPSP), through the National Department of Public Health (DNSP) who will be responsible for the day-to-day implementation of activities and subprojects under the HSPSP, some of which will require licensing or to follow appropriate environmental protocol; as well as Provincial Administrations and Municipalities who will be the primary beneficiaries of the healthcare projects. It is expected that National Governmental Organisations (NGOs) and funding faith-based groups will also be important as well and will need to be identified during project screening. We envisage an active role for the MoE or a dedicated resource (i.e. Environmental Control Officer) appointed to advise the PIU on environmental measures identified in the ESMF and the HCWMP, which will be a separate document focusing purely on medical waste generated as part of activities related to improved access to medical services. These sets fop documents can provide a basis for determining whether licensing is required for specific project activities or whether the generic mitigation measures provided are sufficient to guide project implementation (in cases where no EIAs are required). 1.3 Objectives of the Environmental Social Management Framework (ESMF) The Project Development Objective (PDO) is to increase the utilization of and the quality of healthcare services in target provinces and municipalities across Angola. 1) The first component entails improving the quality of health services in target Provinces (for an estimated budget of US$65.0 million). This component would entail supporting activities at the provincial and municipal levels to improve the 5 quality of healthcare services as well as the development of a results-based financing (RBF) pilot in two selected provinces (US$10.0 million). a. The first sub-component of this project is on the improvement of the quality of maternal and child healthcare services at the provincial and municipal levels. b. The second subcomponent entails piloting RBF (US$10.0 million) to support the delivery of healthcare services through a performance focus at the provincial and municipal level contexts. Comment: Interventions to improve the level of healthcare service provided involves renovations of already-existing sites and provision of vaccinations and medical services/supplies to hospitals and clinics. This will not involve activities which are going to have a detrimental effect on the environment and may in fact have a positive effect on the overall status of health and economic wellbeing in Angola. 2) The second component of the project entails strengthening the stewardship of the National Health System (NHS) to support the delivery of quality health services (US$25.0 million). This component aims at strengthening institutions across the national health system to improve the quality and coordination of healthcare services delivered at the municipal, provincial, and national levels. Comment: Strengthening the NHS involves coordination of services provided by the MoH, Provinces, and Municipalities in the provision of healthcare services. Among others, this involves coordination and sharing of resources among primary healthcare service providers such as municipal healthcare units, health posts and health centres. 3) The third component aims to support the capacity to respond to and prevent public health emergencies through the provision of surge funding to finance response efforts directed at preventing outbreaks from potentially becoming deadly pandemics. This component will only be triggered in case of public health emergencies and when certain actions agreed to by the Government and Bank teams are met/ not met. This component resembles an emergency response plan of sorts which will only be triggered during cases of emergencies and will detail response actions and measures to be implemented during such emergencies. 6 4) The fourth component is Project Management, Monitoring and Evaluation (US$10M). This component supports project implementation by the Ministry of Health (MoH), including project management, fiduciary tasks, as well as Monitoring and Evaluation (M&E). The project components are focused primarily on improving the quality of healthcare service in healthcare facilities across Angola. Over and above improving the capacity of institutions and the personnel who deliver the service, a key issue of concern is the extent to which healthcare workers and society in general can be exposed to medical waste as well as the appropriate treatment or disposal thereof. Although renovations and upgrades of equipment/facilities may be necessary in already-existing sites, this will be undertaken in line with generic mitigation measures outlined in this ESMF and it is considered unlikely that there will be a need for environmental licensing preceded by detailed Environmental Impact Assessment applications. 7 2 METHODOLOGY USED TO PREPARE THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) The ESMF was prepared on the basis of extensive literature on environmental and social conditions in Angola as well as lessons learned from studies conducted in the country over the years. It must be acknowledged that information sources were limited as there was a dearth of reliable information during the years of protracted civil war in the country. Lesson learned from projects implemented in other countries in the SADC region (i.e. Mozambique, South Africa) were taken into account in the preparation of this report. The review of legislative context of Angola provided a means of comparing requirements in the country against the benchmark of World Bank policies and sustainability guidelines. Benchmarking country legislation and regulations against WB Safeguards is a key requirement of all world Bank funded projects. Although not conducted yet up to this point, we have made provision for extensive stakeholder engagements to be followed when finalising this ESMF to garner input from stakeholders across the country. Necessarily, this will involve key stakeholders such as government departments and provinces/municipalities, NGOs, research institutes, communities in the affected communities or the target project areas, with overall guidance and direction provided by the World Bank who are the funders of the project. In summary, the key stages in the preparation of the ESMF included the following: 1) Extensive literature review on environmental and social conditions in Angola to gather lessons and the overall framework of the project; 2) Review of the legislative framework for Angola against the World Bank and IFC sustainability framework/guidelines; 3) A public participation framework designed to feed into the project and garner input from interested and affected parties; 4) Preparing the ESMF and ESMP as well as screening tool to consolidate information and inform implementation framework for the identified project (s). 8 3 OVERVIEW OF ANGOLA’S ENVIRONMENTAL POLICIES, LAWS, PROCEDURES, REGULATORY AND ADMINISTRATIVE FRAMEWORKS 3.1 Environmental Framework Legislation for the Republic of Angola The Constitution of the Republic of Angola (Lei Constitucional da República de Angola) was first signed into law in 1992, replaced in 2010, and provides the basis for the Environmental Framework Act through Article 39. Article 39 enables environmental protection and conservation, and the right to a healthy and unpolluted environment (SADC Environmental Legislation Handbook, 20123). In further detail, Article 39 (Environmental rights) provides that: 1. Everyone has the right to live in a healthy and unpolluted environment and the duty to defend and preserve it. 2. The state shall take the requisite measures to protect the environment and species of flora and fauna throughout the national territory, maintain the ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species. 3. Acts that endanger or damage conservation of the environment shall be punishable by law. The constitutional articles above are very important for the achievement of sustainable development goals in the country. Owing to the history of Angola (i.e. being ravaged by civil war for the better part of its post-liberation history), the achievement of sustainable development goals is especially more important given the dire need to improve the quality of life of people and the environment (and hence the need for the project to improve the capacity of the health system). Indeed, the Articles are concerned with the conservation and protection of natural resources, biodiversity and a healthy environment, with a view to maintaining the natural ecological balance and meeting basic human needs. The Ministry of Environment is responsible for the development and coordination of the country’s environmental policy and for implementing the National Environment Management Programme (Programa Nacional de Gestão Ambiental (PNGA). As the 3 Walmsley, B & Patel, S, 2011. Handbook on environmental assessment legislation in the SADC region. 3rd edition. Pretoria: Development Bank of Southern Africa (DBSA) in collaboration with the Southern African Institute for Environmental Assessment (SAIEA). 9 authority responsible for the implementation of the Environment Framework Law, No. 5/98, the Environmental Licensing Law, No. 59/07, and all associated Regulations, the Ministry is also responsible for the review and regulation of environmental impact assessments (EIAs), which are a primary tool for sustainable development. Depending on the type of project to be developed, the EIA report should also be approved by the appropriate line ministry. This ensures that the EIA not only addresses the requirements of the Environment Framework Law and the Decree on Environmental Impact Assessment, but also relevant sectoral legislation. 3.1.1 The National Environmental Management Programme The National Environmental Management Programme (PGNA). Finalised in 2009, with the assistance of the United Nations Environment Programme (UNDP), the PGNA emphasises the need for an environmental management strategy to protect the environment, even though most of Angola’s natural resources are still largely intact. Importantly, the Environment Framework Law recognises that the implementation of the PNGA should be the responsibility of all sectors of government whose activities may have an influence on the environment, all private individuals and organisations that make use of natural resources, as well as those individuals who may use resources unsustainably and cause pollution. 3.1.2 National Directorate for the Prevention and Evaluation of Environmental Impacts Responsibility for EIA falls under the National Directorate for the Prevention and Evaluation of Environmental Impacts (Direcção Nacional de Prevenção e Avaliação de Impactes Ambientais), which, among other things, is responsible for reviewing and commenting on draft EIA reports. The granting of an Environmental Licence for a proposed project is based on the results and recommendations of the EIA for that project. If required, the Ministry of Environment invites different institutions and stakeholders to give comments and make suggestions on the final report. Although there are efforts to identify partners for this process, the Ministry currently retains full control of the EIA process, and there is no decentralization of decision-making to lower government levels. Important Decrees for environmental management and other relevant policies:  The National Development Plan (PND) for 2013-2017 is the first medium-term plan elaborated in the framework of the new Constitution of Angola following 10 approval of the Basic Law of the National Planning System. This Plan also includes a period of great importance for the country's future. It is at the mid-point of the National Long-Term Development Strategy "Angola 2025". Following efforts to redevelop the country after decades of civil war, Angola is entering a phase of modernisation and sustainable development premised on stability and growth, as well as respect for human life. The literacy and training of Angolans in technical and professional fields as well as high education has been identified as a basis for sustainable, equitable and rejuvenated development of Angola.  Decree 39/00 on Environmental Protection for the Oil Industry (Protecção Ambiental para a Indústria Petrolífera). This decree was gazetted in October 2000 and regulates environmental practices in the oil industry in the Angolan marine and terrestrial environments.  The National Environmental Strategy (Estratégia Nacional do Ambiente (ENA). The Strategy is a guiding framework closely related to the PNGA, which aims to identify the main environmental problems in Angola and address them in order to achieve sustainable development goals. The ENA is geared to meet Angola’s needs but also reflects the goals and objectives of the United Nations Conference on Environment and Development. The ENA is seen by some as Angola’s ‘Agenda 21’.  Angola 2025: Long-Term Strategy (Estratégia de Longo Prazo). This strategy document and reviews the significant challenges in Angola (i.e. very low human development, weak economy, inadequate health and education services, regional inequality, etc.) and establishes strategic options up to the year 2025. The plan considers the possible growth of various sectors and the main activities to realise this growth. The plan has been revised to include stakeholder aspirations and input.  Strategy to Combat Poverty (2003). The government has developed a strategy to combat poverty, following an ongoing process of reconstruction and national development. The overall objective is to improve the conditions of Angolan citizens, in particular those who are vulnerable, by getting them to participate actively in the socioeconomic development process.  National Biodiversity Strategy and Action Plan (2006). The government approved this Strategy (Resolution No. 42/06 of 26 July 2006) to guarantee the conservation and sustainable use of biological components to enable the fair and equitable sharing of the benefits of the use of biological resources. Its objective is to incorporate measures for the conservation and sustainable use of biological resources as well as the fair and equitable sharing of the benefits arising out of biological resources for the benefit of all Angolans.  The Environment Framework Law of 1998 (Lei de Bases do Ambiente), No. 5/98 of 19 June 1998. This Act is based on Article 39 of the Angolan 11 Constitutional Law and provides the framework for all environmental legislation and regulations in Angola. It gives the definitions of important concepts, such as the protection, preservation and conservation of the environment, the promotion of quality of life, and the use of natural resources. The Law incorporates the main international sustainable development declarations and agendas (e.g. Agenda 21), and establishes citizens’ rights and responsibilities. Article 14 allows for the establishment of environmental protection areas and the setting of rules for those areas, including the identification of activities that would be prohibited or permitted in protected areas and their surroundings. Article 16 of the Law makes provision for mandatory EIAs for all undertakings that may have an impact on the balance and wellbeing of the environment and society. Clause 2 of this Article states that the government will develop more specific legislation on EIAs. This was accomplished when the Decree on Environmental Impact Assessment was passed in July 2004. Article 17 deals with the issue of environmental licensing and Article 18 with auditing. These steps are based on the guidelines provided by the World Bank.  Decree on Environmental Impact Assessment. The aim of the Decree on Environmental Impact Assessment (Decreto sobre Avaliação de Impacte Ambiental), No. 51/2004 of 23 July 2004, is to ensure better environmental protection, particularly in terms of human activities likely to have an impact on the environment (such as mining, civil construction and the exploration of natural resources), by� a) Providing regulations to supplement the Environment Framework Law on EIAs, in particular on the procedures and mechanisms to be used in EIAs; b) Establishing norms for conducting an EIA for public and private projects, which, due to their nature, dimension or location, might have significant  environmental and social impacts; and c) Establishing which projects should be subject to an EIA, what elements are to be included in the EIA, the nature and extent of public participation, the entity responsible for compliance with these legal requirements, and the EIA monitoring process. o Article 3: Provides definitions, including what is meant by environmental audit, EIA, Environmental Impact Study, public consultation, etc.; o Article 4: Indicates which projects require an EIA and which might be exempted from an EIA, such as those aimed at national defence and security; o Article 6: Indicates the kind of information that needs to be included in the EIA; o Article 10: Explains the procedure for public consultation and indicates that the costs of such consultations should be covered by the project proponent; o Article 16: Indicates what is considered an infraction of this Decree; 12 o Article 17: Sets out the penalties for various offences; and o Article 22: States that environmental audits shall be conducted. o Article 7 of the Environment Framework Law does, however, refer to the development of a National Environmental Management Plan and its implementation.  Decree on Environmental Licensing. Decree No. 59/07 on Environmental Licensing came into force on 14 October 2007. This Decree provides additional legislation to supplement Decree No. 51/04 on EIAs by providing guidance on topics such as: which project should be subject to an EIA; what elements are to be included in an Environmental Impact Study; the nature and extent of public participation; the entity responsible for compliance with these legal requirements; and the EIA monitoring process. It also indicates that only Angolan-registered environmental companies can submit an Environmental Impact Study for approval.  Environmental Damage Regulations. Decree 194 of 2011 is titled Environmental Damage Regulations. It is applicable to all sectors, including the petroleum and mining industries. Highlights of the Regulations include the following: a). The polluter pays principle; b). Strict liability (regardless of culpability) for environmental damage; c). Powers of the regulatory authority (the Ministry of Environment) to prevent or reduce the risk of environmental injury, including requiring businesses to develop prevention programmes and make disclosures in case of an imminent threat to the environment; d). Financial guarantees being payable for remediation or compensation of environmental damage in the form of insurance policies, bank guarantees, company reserves or other mechanisms; e). Individuals and non-governmental organisations granted legal standing to pursue legal action (including class action suits) to avoid, remedy and/or obtain compensation for environmental damage; and f). Strict penalties, including fines that can reach US$100 million, as well as cancellation of Environmental Licences. 3.1.3 Permits and licences In terms of Chapter 2 of the Decree on Environmental Licensing, the following licences are required: a) An Environmental Licence is required for all activities that, because of their nature, location and scale, may have a significant environmental or social impact. The Environmental Licence is issued on the basis of the findings of an EIA and is required before the issuance of any other permits or licences under other laws. 13 b) An Environmental Installation Licence is issued by the Ministry of Environment to authorise the setting out and change of works, in accordance with the specifications contained in the project. c) An Environmental Operations Licence is a document issued by the Ministry of Environment, which, subject to verification of compliance with all the requirements of the Environmental Impact Study, permits an undertaking or activity to operate and allows for the integration of the activity into the area of interest. 3.1.4 Offences and penalties In terms of Article 26 of the Decree on Environmental Licensing, a person who constructs, implements or alters any installation without an Environmental Installation Licence, or anyone who alters a system of production without the relevant licence, will be liable of an offence and subject to a fine. The fines are based on the value of the project, as follows: Value of project Quantum of fine Less than Kz 90,000 10% More than Kz 90.000 and less than Kz 500,000 7% More than Kz 500,000 but less than Kz 1,000,000 5% More than Kz1,000,000 3% In addition, the competent authority can suspend, embargo or interdict the operation or activity, and notify the public ministry and the line ministry accordingly ( Article 27). Article 16 of the EIA Decree specifies the following as offences that are liable to a fine ranging between US$1,000 and US$1 million, depending on the seriousness of the case: • The installation, start-up or extension of an activity in breach of the EIA Decree and any related Regulations; • Obstruction or non-collaboration with the environmental auditing team, as per Article 22(5); • Breach of the conditions of the Environmental Licence; and • Non-compliance with the recommendations of the Environmental Impact Study. In addition, offenders may have their machinery or equipment seized, have their operations closed down, and/or be prevented from tendering for government contracts (Article 17). Decree No. 1/10 on Environmental Audits specifies that penalties 14 payable for offences are a minimum of US$1000 and a maximum of US$1 000 000 for any of the following: • Obstruction of or failure to cooperate with registered environmental auditors; • Non-compliance with the recommendations of a previous audit; • Working without complying with environmental regulations; and • Acting as an environmental auditor without being registered. 3.1.5 EIA Guidelines Most major development projects make use of the World Bank guidelines in order to fulfil country and lender-specific requirements. In terms of Article 29 of the Decree on Environmental Licensing, only specialists and mid-level or senior technical staff registered in terms of the Decree may perform EIAs in Angola. Individual environmental consultants, environmental consulting companies and consortia may register with the Ministry of Environment. A certificate of registration will be issued within 30 days of the date of receipt of the application. In order to register, the individual applicant must submit the following, in terms of Article 30: a) Name, nationality, profession, office location, residential address and tax number; b) Academic and professional registration certificates; c) Curriculum vitae listing environmental consulting experience and knowledge of the environmental situation in Angola; and d) A declaration that s/he is not an employee of or contractor to the competent authority. 3.1.6 EIA procedure in Angola The Environment Framework Law establishes a broad rationale for the kinds of projects that are subject to an EIA, stating that an EIA is compulsory when actions “interfere with the social and environmental equilibrium and harmony�. Activities are listed in the Annex to the EIA Decree and are categorised according to the following sectors: • Agriculture, fisheries and forestry; • Extractive industries, such as petroleum, mining and dredging; • Energy industry; • Glass industry; • Chemical industry; • Infrastructure projects; and • Other projects. 15 No scoping phase is required for projects in Angola. The EIA Decree specifies the activities that are required during the EIA process, as well as the contents of the EIA report. The activities required as part of the Environmental Impact Study are set out in Articles 6 and 7 of the EIA Decree. The Environment Framework Law (Article 16) and the EIA Decree (Article 9) specify the following contents of an EIA report: • A non-technical summary of the project; • A description of the planned activities, including all technological alternatives as well as the no-go option; • A general description of the state of the environment of the chosen locations for the project; • Summary of opinions and comments obtained from public consultations; • A description of possible environmental and social changes caused by the project; • An indication of the measures envisaged to eliminate or minimise negative social and environmental effects; and • An indication of the systems envisaged for controlling and monitoring the activity. All projects listed in the Annex to the EIA Decree 51/2004 are subject to a public consultation programme organised by the Ministry of Environment, as prescribed in Article 10 of the EIA Decree. The public consultation process, to be undertaken by the responsible ministry, comprises the following steps: • Release of the non-technical summary of the EIA report to the interested and affected parties (as defined in Article 3 of the Decree); • Consideration and appraisal of all presentations and comments relating to the proposed project; and • Compilation of a brief report within eight days of the completion of the consultation period, specifying the steps taken, the level of public participation, and the conclusions that may be drawn. The consultation process must take place over a period of five to ten days and the costs must be borne by the developer. 3.1.7 Review of EIA reports Once completed, the EIA reports and any supporting documents must be sent to the relevant line ministry. Within five days of receiving these documents, the line ministry must forward such documentation to the Ministry of Environment. The review is conducted by the Directorate for the Prevention and Evaluation of Environmental Impacts (DNPAIA) and the line ministry relevant to the project in question. For projects 16 in urban areas or that affect human settlements, the minister responsible for planning should also be included in the review process. Within 30 days from the date of receipt of the documents, the EIA Directorate in the Ministry of Environment must evaluate the EIA report. If a favourable opinion is received, the Ministry of Environment shall issue an Environmental Licence. If there is insufficient information in the EIA report, the Ministry of Environment may request additional information before it can make a decision. If, however, a negative opinion is received from the Directorate, the project cannot be authorised or licenced. The final decision must be made public. 3.1.8 Environmental monitoring and audits Per Article 22 of the EIA Decree, the Ministry of Environment is responsible for monitoring the implementation of the EIA in specific projects and must decide on the imposition of fines in the case of non-compliance (i.e. for those projects which do not comply with EIA rules and recommendations or which otherwise have a negative impact on the environment). Decree No. 1/10 on Environmental Audits, gazetted in January 2010, establishes terms under which environmental audits take place. Article 18 of the Environment Framework Law states that any activities that take place without the necessary environmental and social mitigation, and from which environmental damage is observed, are subject to environmental auditing. The Decree explains types of audits that may be conducted, and that such audits must be conducted by authorised public or private bodies. It makes provision for the registration and accreditation of environmental auditors. The costs of the audits are carried by the entity being audited. 3.1.9 Other relevant environmentally-related legislation in Angola TABLE 5: OTHER RELEVANT LEGISLATION IN ANGOLA Legislation Key elements Responsible authority Fisheries Act • The Act regulates fishing in marine and Ministry of (Lei das interior waters. The Act establishes the Fisheries Pescas), principle that fisheries are for public use and No. 20/92 of stipulates quotas consistent with the 14 August 1992 conservation of marine resources, adjusted according to available fishing potential and season. • It regulates the fishing industry with the aim of achieving sustainable development. Biological and • This innovative Act is very comprehensive Ministry of 17 Aquatic and emphasises the need for policies aimed Fisheries Resources at preserving and regenerating biological Act, No. 6-A/04 and aquatic resources. of • It is also a mechanism for the harmonisation 8 October 2004 of different legislation on marine resources, particularly on fisheries and aquaculture activities. • The Ministry of Fisheries has to be consulted before the implementation of any project pertaining to the exploitation of natural resources within inland waters. • The Act considers it a crime to discharge any objects or substances that are likely to cause serious damage to biological resources. It further states that any individual or collective person that causes damage to the environment should repair the damage and indemnify the state. • The Act was developed as part of the government’s policies on environmental protection and the sustainable use of natural resources. It draws on the Constitution and the Environment Framework Law. The Act also considers international instruments such as the United Nations Law of the Sea, the Convention on Biological Diversity, and the Southern African Development Community (SADC) Protocol on Fisheries. • The Act considers biological and aquatic resources as important food sources for subsistence, economic activities and renewable resources. • The most important part of the Act in relation to environmental protection is Title II, which deals in its five chapters with measures for the protection of biological aquatic resources and the marine environment. • This legislation included the Hunting Regulation (Regulamento de Caça), Decree 18 No. 2873 of 11 December 1957, Forestry Regulation (Regulamento Florestal), Decree No. 44 531, and National Parks Regulation • (Regulamento de Parques Nacionais), Decree No. 10 375 of 15 October 1958. • In its annexes, Decree No. 40 040 included a list of mammal and bird species whose hunting was considered illegal. • Decree No. 43/77 of 5 May 1977 approved the structure of the Ministry of Agriculture and defined five different categories for protected areas, namely national parks, strict nature reserves, partial reserves, regional nature parks and special reserves. This differentiation of categories does not include issues such as rural community use of wildlife or the conservation on heritage sites and important monuments. • This legislation is being reviewed through a Food and Agriculture Organization project known as Participatory Formulation of Policy and Legislation on Forest, Wildlife and Protected Areas. Decree on Soil, • The first legislation on nature conservation Ministry of Flora and Fauna and the establishment of protected areas for Agriculture Protection, different purposes (initially for hunting and No. 40 040 of later for nature conservation) was issued on 1955 20 January 1955 through Decree No. 40 040 (published in the Official Bulletin on 9 February 1955). This Decree covered aspects related to soil, fauna and flora protection, conservation and use of game, and the establishment of national parks, nature reserves and controlled hunting areas. It pioneered the establishment of the Nature Conservation Council (Conselho de Proteção à Natureza) to control protected areas and develop enabling legislation. • This legislation included the Hunting Regulation (Regulamento de Caça), Decree 19 No. 2873 of 11 December 1957, Forestry Regulation (Regulamento Florestal), Decree No. 44 531, and National Parks Regulation (Regulamento de Parques Nacionais), Decree No. 10 375 of 15 October 1958. • In its annexes, Decree No. 40 040 included a list of mammal and bird species whose hunting was considered illegal. • Decree No. 43/77 of 5 May 1977 approved the structure of the Ministry of Agriculture and defined five different categories for protected areas, namely national parks, strict nature reserves, partial reserves, regional nature parks and special reserves. This differentiation of categories does not include issues such as rural community use of wildlife or the conservation on heritage sites and important monuments. • This legislation was reviewed through a Food and Agriculture Organization project known as Participatory Formulation of Policy and Legislation on Forest, Wildlife and Protected Areas. Mining Code • The Mining Code of 2011 repeals a number Ministry of (Código of old laws relating to mining, such as the Geology Mineiro), Law of Mines (Lei das Minas), No. 27 of and Mines 23 September 1979, the Geological and Mining Activities 2011 Law, No. 1 of 1992, and the Diamond Act, No. 16 of 1994. The new Mining Code amalgamated these (and other laws) into a single set of regulations, with the intention of providing easier access to applicable laws and harmonising, to the extent possible, the rules and procedures that apply to particular activities. • The Code applies to all mining activities (such as prospecting, mining and commercialisation) that take place in Angola and all maritime areas that are subject to the Angolan jurisdiction. It does not apply to 20 hydrocarbons, whether in liquid or gas form. • The Code further provides that, in consideration for granting mining rights, the Angolan state shall be entitled to compensation, in the form of a participation of not less than 10% in the company that conducts the activities and/or allocations in kind of the minerals to be extracted. • The Code contains specific rules for mining activities that involve strategic minerals. Gold, diamonds and radioactive minerals are currently designated as strategic minerals, although the Angolan Executive can designate others. • All mineral resources that can be found in Angola and within the maritime boundary of Angola are deemed the property of the Angolan state. However, the minerals explored and extracted by holders of mining rights are the property of these parties in accordance with the terms of their concession. • Mining rights can be granted for the following activities: o Prospecting for specific minerals; o Mining of specific minerals; o Prospecting and exploitation of minerals for civil construction; and o Artisanal mining. • The Mining Code imposes a number of obligations on the holders of mining rights regarding the exercise of their rights. These include obligations in the areas of: o Hygiene, health, security and training; o Environmental protection; o Use of soil; and o Use of explosives. Land Use • After independence, issues relating to land Ministry of Planning use planning and urban management were Environment and Urban not considered a priority in terms of the 21 Development development of new legislation. Most of the Ministry of Act, legislation on this issue was inherited from Agriculture No. 3/04 of the colonial period and is thus outdated and 25 June 2004 inefficient. • The existing legislation on territory, town and country planning and urban issues is fragmented and not in line with scientific and technological progress. • In addition, the growth of the main cities, particularly from urbanisation in the coastal areas as result of the war and migration in search of urban opportunities, has exacerbated problems in the management of urban areas, leading to overcrowded and dilapidated cities. • The lack of integrated and coordinated plans to respond to the growing number of people, which is associated with the inefficient development and growth of the cities, has motivated the development of this law. • The Act adopts a concept of integrated planning, which not only includes socio- economic aspects but also attempts to create synergies in the relationship between the city and the countryside. It calls for the establishment of a decentralised system to coordinate land use planning. Land Law, • This Law deems land the property of the Ministry of No. 9/04 of state and proposes the following multiple Environment 9 November uses for the land: 2004 o A shelter and home for the inhabitants of Angola, which implies the existence of an appropriate urban planning system; o A source of natural resources that can be used for mining, agriculture, forestry and land planning; and o A support for economic, agricultural and industrial activities. 22 • The Land Law contains a number of aspects related to the environment, which are important to foster sustainable development and the improved use of the soil and natural resources. The Law refers to various other pieces of environmental legislation, with particular emphasis on the Environment Framework Law. • The other legislation is used to support mechanisms for the implementation and enforcement of certain Articles and clauses of the Law. • It presents two land classifications, namely urban land (areas for the construction of buildings) and rural land (areas for agriculture, raising livestock, forestry and mining). The ministry dealing with land planning and environment is the government institution that declares such land, based on a proposal from other government entities dealing with similar issues. This is the case for the establishment of mining and oil schemes and the industrial sector. The government decides on the establishment of protected areas (total and partial reserves) for specific purposes, such as environmental protection, national security, preservation of monuments, and historical sites. These reserves include both coastal areas (e.g. territorial sea, contiguous zone, economic exclusive zone, islands and estuaries) and land areas (e.g. roads, inland borders, airports and ports, and military bases). Water Law (Lei • This Act states the priorities for the use of State das �guas), No. surface water resources in Angola. It Secretariat 6/02 of 21 June enables the State Secretariat to ensure for Water 2002 environmental protection and conservation of areas of partial protection. It provides a list of water management principles, 23 particularly the harmonisation of the water management policy with land use planning. • The Act calls for the development of a General Plan for the Development and Use of Water Resources in Basins. • It further notes that water resources are state property. • Article 6 gives the right to the organ of state responsible for water affairs to ensure the preservation and conservation of areas of partial protection. • The Act describes a number of principles of water management that the government should put into practice. These include: the right of individuals and entities to access water; integrated management of water resources; institutional coordination and community participation; the harmonisation of the water management policy with land use planning and environmental policies; water as a renewable resource for people; and the relationship between pollution and social and financial issues. • The Water Law encourages the development of a new administrative policy for the water sector, which includes a decentralised system of control over the use of water, as well as for the protection of water resources and the environment. In the implementation of such a policy, the government aims to achieve a number of objectives, namely to ensure access to water resources; ensure a continuous balance between the availability of water resources and demand; promote research activities and the sustainable use of existent water resources; ensure proper sewage systems; and regulate the discharge of domestic effluents. Law on Internal • This Law regulates control over internal State 24 Waters, Ocean waters and lakes. Secretariat and Exclusive • It also regulates the use of natural for Water Economic Zone resources, the protection of the marine (Lei sobre águas environment, the promotion of scientific interiores, marine research, and the use of artificial oceanos e zona structures. económica exclusiva), No. 21/92 of 28 August 1992 Local • The Act establishes that local governments Provincial Municipalities are responsible for the promotion of and Act (Lei das development, basic sanitation, local Autoridades environmental protection and land authorities Locais), No. management. 17/99 of 1999 Oil Activities • The Decree states the need to regulate oil Ministry of Decree (Decreto exploration activities in a way that ensures Petroleum Lei das sustainable development. Actividades • It recognises the important role of oil in the Petrolíferas), Angolan economy and its impact on the No. 39/00 of environment, and calls for the compulsory 10 October 2000 implementation of EIAs for any offshore or onshore project. Petroleum • This Act includes principles of economic Ministry of Activities Law, policies, particularly for the protection of Petroleum No. 10/04 of national interests, the promotion of the 12 November workforce, the valuation of minerals, and 2004 environmental protection. Including: • It establishes the exclusivity principle for the Petroleum national petroleum concessionary Sonangol, Activities Waste by giving Sonangol the right to use natural Management, resources through the establishment of Removal and partnerships with other foreign companies. Disposal, • Article 7/2 states that all petroleum Executive operations must be conducted carefully, by Decree No. considering the safety of people and 8/05; infrastructure as well as the protection of the Petroleum environment and the conservation of nature. 25 Activities Spill Furthermore, Article 9/3 notes that rights for Notification petroleum operations can only be granted if Procedures, measures are in place to ensure the Executive sovereignty of the country, safety, Decree environmental protection, research and the No. 11/05; management and preservation of natural Management resources, including the living and non-living of Operational aquatic biological resources. Discharge • Article 24 on Environmental Protection during indicates that all companies involved in Petroleum petroleum operations, including Sonangol, Activities, have to implement appropriate measures to Executive ensure environmental protection and Decree preservation. This includes health, water, No. 12/05 soil and subsoil, air, biodiversity preservation, flora and fauna, ecosystems, landscapes, atmosphere and cultural, archaeological and aesthetic values. In addition, Article 24/2 requires plans on environmental preservation, EIA plans, rehabilitation plans and environmental audits to be submitted to the competent authorities within the established timeframes. Decree on • This Decree, which is administered by the Ministry of Environmental Ministry of Petroleum, aims at protecting the Petroleum Protection environment from petroleum exploration and for Petroleum production activities. It defines the Activities, environment as including, inter alia, fauna, No. 39/00 of flora, soil, water, landscape, cultural values, 10 October 2000 atmosphere and the like, and is applicable to activities both off- and onshore (Article 3). • In regulating petroleum activities in a way that ensures sustainable development, the Decree recognises the impact of these activities on the natural environment. It also calls for compulsory implementation of EIAs as an important instrument for ensuring environmental protection in any project. It provides details on the EIA process, with an 26 emphasis on the procedure for obtaining an Environmental Licence from the Ministry of Urbanisation and Environment (Article 6). • The government is developing complementary legislation to this Decree, including on the management of operational discharges; the management, collection and treatment of waste; and the procedures for the notification of oil spills. • Other legislation for the petroleum industry include an Executive Decree on the procedures for waste management (No. 8/05 of 5 January 2005), an Executive Decree on the procedures for oil spill notification (No. 11/05 of 12 January 2005), and an Executive Decree on procedures for the management of operational discharges (No. 12/05 of 12 January 2005) 27 4 OVERVIEW OF THE WORLD BANK’S SAFEGUARD POLICIES TRIGGERED 4.1 Summary The World Bank's Environmental and Social Safeguard Policies are considered a cornerstone of its support to sustainable poverty reduction projects. The policies require governments receiving funding from the World Bank to address certain environmental and social risks in order to receive Bank support for investment projects. As a rule, the WB policies include requirements that projects should include such as the need for environmental and social impact assessments, consulting with affected communities about the impacts that such projects would have, as well as the need for the livelihoods of affected people to be restored (i.e. either re-establish their pre-existing conditions or improve upon them). The effectiveness and overall positive impacts of projects and programs supported by the Bank has substantially increased as a result of the attention focused on these policies. Safeguard policies have often provided a useful platform for the participation of stakeholders in project design, and have been an important instrument for building ownership among local populations. The World Bank’s key Operational Policies and associated Bank Procedures are critical to ensuring that potentially adverse environmental and social consequences are identified, minimized, and mitigated, and receive attention during the Bank’s project preparation and approval processes. These Operational Policies or Safeguards include:  OP 4.01 Environmental Assessment;  OP 4.04 Natural Habitats;  OP 4.09 Pest Management;  OP 4.11 Cultural Heritage;  OP 4.12 Involuntary Resettlement;  OP 4.10 Indigenous People;  OP 4.36 Forests;  OP 4.37 Safety of Dams;  OP 7.50 Projects on International Waterways;  OP 7.60 Projects in Disputed Areas. The World Bank, through its Disclosure Policy BP 17.50, requires that all Safeguard documents are disclosed in the respective countries as well as at the WB’s Infoshop prior to the appraisal of a project or for fast-tracking Initiatives prior to the signing of a Grant Agreement. 28 4.2 Safeguard Policies triggered by the Project As detailed in the project description section, the Health System Performance Strengthening Project (HSPSP) will focus primarily on improvement of health services and is not expected to include extensive civil works such as the construction and rehabilitation of facilities (i.e. expect where deemed absolutely necessary to facilitate the provision of health services – such as building of clinics, health facilities, etc.). Where civil works are involved, these will trigger the need for the relevant safeguards to avoid or minimize negative environmental and social effects. Consequently, the HSPSP is expected to trigger the following World Bank Operational Policies: Environmental Assessment (OP/BP 4.01); Natural Habitat (OP/BP 4.04); and Indigenous Peoples (OP/BP 4.10), as described below. Table 6: Safeguard Policies triggered by the Project Safeguard Policies Triggered by the Project Yes No  Environmental Assessment (OP/BP 4.01) X  Natural Habitats (OP/BP 4.04) X  Pest Management (OP 4.09) X  Physical Cultural Resources (OP/BP 4.11) X  Forests (OP/BP 4.36) X  Safety of dams (OP 4.37) X  Indigenous Peoples (OP/BP 4.10) X  Involuntary Resettlement (OP/BP 4.12) X  Project on International Waterways (OP/BP 4.50) X 4.2.1 OP 4.01 Environmental Assessment The aim of OP 4.01 is to ensure that World Bank-financed projects are environmentally and socially sustainable, and ensure better decision making through the integration of environmental and social impact considerations throughout the different phases of development project and actions (i.e. design, planning, and implementation). The main objectives of Environmental Assessment (EA) is to ensure the consideration of environmental aspects (air, water, and land), human health and safety, social aspects (involuntary resettlement, local communities and cultural heritage), as well as consideration of trans-boundary and global environmental effects such as climate change. OP 4.01 is applicable whenever a proposed project or actions have the potential to cause negative environmental effects to the surroundings. 29 The projects are classified into one of the following four categories depending on the type, location, sensitivity and scale of the project and the nature and magnitude of potential environmental impacts.  Category A: A proposed project is classified as Category A if it is likely to result in significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect a more extensive area than the sites or facilities where physical activities take place. The Environmental Assessment for a Category A project examines the potential negative and positive environmental impacts, compares them with those of other feasible alternatives (including the situation without the project.) and recommends necessary measures to avoid, minimize, mitigate or compensate for adverse impacts and improve the environmental performance impacts. For a Category A project, the proponent is responsible for preparing a report, usually an Environmental and Social Impact Assessment (ESIA) with its respective Environmental and Social Management Plan (ESMP) or environmental auditing as required.  Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas, including aquatic ecosystems, forests, grasslands and other natural habitats, are less adverse than those provided for Category A projects. These impacts are specific to the project site; few if any of them are irreversible, and in most cases the identification of mitigation measures is faster for projects of this Category than for Category A. Just as is the case for Category A projects, the potential negative environmental impacts are examined and recommendations made on measures needed to prevent, minimize, mitigate or compensate for adverse impacts and improve environmental performance. For simple projects with minimal social and environmental impacts, the preparation of the Environmental and Social Management Plan based on the ESMF is sufficient. Likewise, the drafting of a Resettlement Plan based on QPR may also be sufficient.  Category C: A proposed project is classified as Category C if the possibility of adverse environmental impacts is minimal or non-existent. In addition to the preliminary environmental analysis, it does not require any additional action for a project of Category C status.  Category FI: A proposed project classified in Category FI engages investment funds from the World Bank through a financial intermediary, in subprojects that may result in adverse environmental impacts. 30 The Municipal Health Services Strengthening Project out of which the current ESMF for the HSPSP was born had been allocated a Category B status and it is expected that some of the projects that will be implemented under the current project will retain the Category B classification. Category B classification means that such projects are likely to have significant environmental and social impacts which will be site site-specific and can be mitigated or avoided with an Environmental and Social Management Plan or through improved design and layout of the project. Potential negative environmental and social impacts are likely to result from rehabilitation and construction-related activities, which may include soil, surface and groundwater pollution, air pollution, loss of vegetation, health and safety issues, as well as noise, dust, and disruption of social and cultural practices. Some of the impacts, if not properly mitigated, have the potential of affecting far more extensive areas, beyond the Project sites or the areas where physical activities will occur. Once specific subprojects have been defined, an evaluation through a simple environmental and social impact assessment (ESIA) and an Independent Social and Environmental Management Plan based on the results of the analysis/ social and environmental screening will be prepared by experts in social areas, health and safety for specific areas of implementation of the Project. The costs for carrying out such evaluation will be included in the Project budget. The results of the selection and the determination of categories of sub-projects will be confirmed and approved by the Ministry of Health to verify compliance with the Angolan EIA legislative framework. The current ESMF is elaborated to focus on those potential environmental and social effects likely to occur during the planning/ improvement and or operational activities associated with the HSPSP project areas. 4.2.2 OP 4.04 Natural habitats Although considered in this project, it must be stated upfront that the impacts of the project on important natural habitats are considered highlight unlikely as development activities envisaged as part of the HSPSP will be on already existing sites that will likely already have been transformed/impacted upon, thus not experience any significant transformation. For most parts of Angola, the biophysical environment is considered to be in a relatively undisturbed state and least affected during the prolonged civil war in the country. As a result, natural habitats remain intact in many areas. For this reason, it is important that any development activities that take place do so with due regard to the state of the natural habitats. 31 The key objective of this policy is to promote environmentally-sustainable development by supporting the protection, conservation, maintenance, and rehabilitation of natural habitats and their functions. The key operational principle guiding this policy are the following:  Use a precautionary approach to natural resources management to ensure opportunities for environmentally sustainable development. Determine if project benefits substantially outweigh potential environmental costs;  Avoid significant conversion or degradation of critical natural habitats, including those habitats that are (a) legally protected, (b) officially proposed for protection, (c) identified by authoritative sources for their high conservation value, or (d) recognized as protected by traditional local communities;  Where projects adversely affect non-critical natural habitats, proceed only if viable alternatives are not available, and if appropriate conservation and mitigation measures, including those required to maintain ecological services they provide, are in place. Include also mitigation measures that minimize habitat loss and establish and maintain an ecologically similar protected area;  Whenever feasible, give preference to siting projects on lands already converted;  Consult key stakeholders, including local nongovernmental organizations and local communities, and involve such people in design, implementation, monitoring, and evaluation of projects, including mitigation planning;  Provide for the use of appropriate expertise for the design and implementation of mitigation and monitoring plans; and  Disclose draft mitigation plan in a timely manner, before appraisal formally begins, in an accessible place and in a form and language understandable to key stakeholders. 4.2.3 OP 4.10 Indigenous People It is expected that the project may impact on Indigenous People in parts of provinces in the southern part of Angola (i.e. such as Huila, Moximo, Cunene, and Kuando Kubanga) where indigenous San people are known to reside. The interests and aspirations of these communities ought to be taken into account in project design so that they derive maximal benefits from the project. The objective of this operational policy is to design and implement projects in a way that fosters full respect for Indigenous Peoples’ dignity, human rights, and cultural uniqueness and so that they: (a) receive culturally compatible social and economic benefits; and (b) do not suffer adverse effects during the development process. The applicable operational principles include the following: 32  Screen early to determine whether Indigenous Peoples are present in, or have collective attachment to, the project area. [Indigenous Peoples are identified as possessing the following characteristics in varying degrees: self-identification and recognition of this identity by others; collective attachment to geographically distinct habitats or ancestral territories and to the natural resources in these habitats and territories; presence of distinct customary cultural, economic, social or political institutions; and indigenous language.];  Undertake free, prior and informed consultation with affected Indigenous Peoples to ascertain their broad community support for projects affecting them and to solicit their participation: (a) in designing, implementing, and monitoring measures to avoid adverse impacts, or, when avoidance is not feasible, to minimize, mitigate, or compensate for such effects; and (b) in tailoring benefits in a culturally appropriate manner;  Undertake social assessment or use similar methods to assess potential project impacts, both positive and adverse, on Indigenous Peoples. Consider options preferred by the affected Indigenous Peoples in the provision of benefits and design of mitigation measures. Identify social and economic benefits for Indigenous Peoples that are culturally appropriate, and gender and inter- generationally inclusive and develop measures to avoid, minimize and/or mitigate adverse impacts on Indigenous Peoples;  Prepare an Indigenous Peoples Plan that is based on the social assessment and draws on indigenous knowledge, in consultation with the affected Indigenous Peoples’ communities and using qualified professionals. Normally, this plan would include a framework for continued consultation with the affected communities during project implementation; specify measures to ensure that Indigenous Peoples receive culturally appropriate benefits, and identify measures to avoid, minimize, mitigate or compensate for any adverse effects; and include grievance procedures, monitoring and evaluation arrangements, and the budget for implementing the planned measures;  Disclose the draft Indigenous Peoples Plan, including documentation of the consultation process, in a timely manner before appraisal formally begins, in an accessible place and in a form and language that are understandable to key stakeholders;  Monitor implementation of the Indigenous Peoples Plan, using experienced social scientists. 4.2.4 World Bank Policy on Disclosure of Information As part of the World Bank’s recognition of the right to information, the institution has developed information disclosure policies which generally contain the following 33 elements: principles of disclosure; exceptions to disclosure; routine disclosure; and request-driven disclosure. Disclosure of documents (including a summary of the project, and a summary of Environmental Assessment) should be in the local language, at a public place accessible to project-affected groups and local non-governmental organizations. In-country disclosure of information is the responsibility of the borrower, in this case the Ministry of Health. Disclosure in the InfoShop is the responsibility of the World Bank. Documents that need to be disclosed include:  Integrated Safeguards Data Sheet  All Safeguard mitigation plans: o Environmental Assessment/ Environmental Management Plan o Indigenous Peoples Plan o Natural Habitats Timing of Disclosure and Consultation o Draft documents should be made available to stakeholders well in advance of consultations; o All required public consultations should be completed, and draft or final documents disclosed prior to the project Appraisal; o Final documents (incorporating results of consultations) should be disclosed for the record. For the present ESMF document, information disclosure will be initiated by advertisement of public participation meetings to be held in the affected project areas which will still be determined. The meetings will provide an opportunity for stakeholders to provide comments and useful inputs to be taken into consideration when planning and implementing the proposed HSPSP subprojects. As the EMSF has now been drafted, it is proposed that the disclosure process be through continued interaction with stakeholders using contact details that will be gathered during public meetings. Email communication shall be used to notify stakeholders that the ESMF document has now been drafted and it is available for comment. A hyperlink will also be provided to a site where the document will be stored and can be downloaded. The E-mail to be sent to stakeholders will also include the executive summary of the ESMF (Portuguese version), wherein stakeholders shall be invited to provide further comments as required. Newspaper advertisements will also be distributed targeting the most widely distributed and read newspapers in each region to inform stakeholders of the availability of the ESMF document for review. The Ministry of Health will assist with nominating relevant officials to whom comments can be sent by stakeholders. Additionally, the MoH shall ensure the availability of the full ESMF in Portuguese in its offices in all cities. 34 35 5 GAPS IN ANGOLA LEGISLATION AND IN THE WORLD BANK SAFEGAURD POLICIES The major gap identified is in relation to the lack of clear procedures and norms for handling health, safety and security for both the local population of a particular project area and/ or the project workers. Although the Angolan legislation does include measures for safety in the workplace which will be used for workers in the healthcare facilities associated with the HSPSP, it is proposed that the International Finance Cooperation (IFC) Performance Standards4 are recommended in order to bridge the gaps that exist in procedures for health, safety and security. This section provides a description of the specific standard on health and safety to guide the project proponent throughout all phases of implementation of the project, and provides some guidance on what mitigation measures should be taken. Performance Standard 4 (PS 4) recognizes that project activities, equipment, and infrastructure often bring benefits such as employment and access to services. However, projects also have the potential of increasing exposure to risks and impacts arising from equipment accidents, structural failures, and releases of emissions and hazardous materials. Local inhabitants of the project areas may also be affected by impacts on their surroundings, exposure to diseases, and the use of security personnel. The objectives of the PS 4 are to:  avoid or minimize risks to and impacts on the health and safety of the local community during the project life cycle from both routine and non-routine circumstances; and to  ensure that the safeguarding of personnel and property is carried out in a legitimate manner that avoids or minimizes risks to the community’s safety and security. The PS 4 requires that risks and impacts to the health and safety of the affected community during the design, construction, operation, and decommissioning phases of projects are identified and that preventive measures to address such impacts are put in place. Where the project poses risks to or adverse impacts on the health and safety of affected communities, an Action Plan ought to be prepared and disclosed by the project proponent. 4 IFC Performance Standard on Environmental and Social Sustainability: https://www.ifc.org/wps/wcm/connect/c8f524004a73daeca09afdf998895a12/IFC_Performance_Standards.pdf?M OD=AJPERES 36 The following should be considered when assessing the potential risks related to health, safety and security:  Infrastructure and Equipment Safety;  Hazardous Materials Safety;  Environmental and Natural Resource Issues (such as floods/ landslides etc.);  Community Exposure to Disease (such as water-borne illnesses etc.);  Emergency Preparedness and Response. The project proponent should assess the potential risks and impacts from project activities and inform affected local populations of significant potential hazards in a timely manner. It is also the responsibility of the project proponent to support and work with the project affected population and the local government structures to respond to any emergencies that may arise. For the purposes of implementation of this ESMF, potential health, safety and security impacts associated with the project have been identified, and mitigation measures have been recommended in the section that follows. 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS DUE TO PROPOSED PROJECTS 6.1 Summary Potential impacts associated with the HSPSP projects include construction and upgrade of laboratories which would lead to adverse impacts such as direct impacts on sites, the generation of solid and liquid waste, the generation of medical waste and the disposal thereof, as well as occupational risks faced by workers in the healthcare facilities or during construction/renovations of laboratories and infrastructure. It is expected that any potential negative environmental and social impacts associated with the proposed HSPSP activities and subprojects will be localized and of short-term duration, and can be significantly offset or minimized through adequate planning and a through implementation of ESMP by contractors and workers in the healthcare facilities (i.e. those responsible for the improvement works or any construction-related projects). Any construction activities related to the improvement or rehabilitation of healthcare facilities may result in negative environmental and social effects (e.g. on habitats, soils, workers, Indigenous Peoples and inhabitants, etc.). Most direct impacts will be related to site clearance and disturbance of habitats associated with the rehabilitation or upgrade of laboratories/facilities, especially in cases where new infrastructure is considered necessary. 37 With regards to the rehabilitation of existing infrastructures, potential negative impacts are likely to be related to contamination of air and water sources which may pose impacts on the natural environment as well as human health. Considering that the main activities of the proposed program will be conducted in urban/ built up areas where healthcare facilities are located, some of the indirect impacts will be related to public nuisance, including disruptions of public access, disruptions of traffic, noise and dust emissions, as well as health and safety issues that may be experienced by workers in the healthcare facilities. Occupational hazards that healthcare workers may be exposed to include unsafe working conditions, stress as a result of taking care of sick people who themselves are vulnerable, risks of infections if not wearing suitable protective clothing/attire or not having proper immunisations against diseases, as well as general hazards as a result of lack of suitable training on healthcare procedures and hygiene. 6.2 Negative Impacts In general, it is expected that negative environmental and health and safety impacts will involve temporary disturbances in smaller areas and with limited permanent effects that can effectively be mitigated through the implementation of an ESMP at project level. Negative impacts on the biophysical environment identified during the construction phase vary between low to moderate. All potential impacts on biology are low, except for the loss of vegetation cover and plant diversity, which is considered to be of high importance, dropping to moderate following implementation of mitigation measures. Most of the impacts applicable during the construction period can be mitigated to the greatest extent possible. The negative socioeconomic impacts identified are mostly of low intensity or insignificant, and can be reduced significantly after implementation of the proposed mitigation measures. The impacts will come up during both the construction and operational phases of the project. The main impacts related to health and safety during the pre-construction phase is mostly related to the design of buildings such as clinics and healthcare posts, amongst others. It is therefore necessary that the following safety measures are taken into consideration:  availability of fire extinguishers and/or fire alarm systems and appropriate storage areas for chemicals;  hazardous and flammable materials to reduce risks;  Local inhabitants and workers should be informed of all safety measures; 38  Signals and the necessary signage should be placed close to potential areas of danger. The key impacts likely to result from the proposed activities are summarized as follows: a) Direct impacts of the construction/rehabilitation phase:  Contamination of soils, ground and surface water as a result of chemicals (oils, fuels and lubricants from machinery and vehicles working on site, remains of paints, etc.) particularly on sites located near waterways – can be minimized through adoption of an EMP that details suitable mitigation and management measures to be taken, as well as use of suitable clothing and protective equipment.  Air and noise quality may be affected as a result of construction activities – these can be mitigated by following existing Regulations and the EMP.  Public nuisance and health impacts resulting from inadequate disposal of solid wastes.  Increased risk of work-related accidents as a result of lack of use of personal protective equipment by workers during the construction phase.  Regarding Health and Safety aspects, projects can be implemented without any significant risks and impacts, provided that the Health and Safety requirements stated are implemented.  For any construction works, it is highly recommended to hire local workers wherever possible. This will improve acceptance of the project by local residents in project areas even if they do not benefit directly from the improved healthcare facilities.  Spread of HIV/AIDS during the construction phase of healthcare infrastructure may perpetuate poverty in the municipalities by impacting on the most economically-productive members of society– this can be mitigated through awareness raising and conscientize workers about the socioeconomic risks at play. b) Indirect impacts during and after construction/ rehabilitation works:  The contractor should establish all the necessary means for waste water and solid waste collection, which should be available during and after the construction phase. This is to ensure that the water used during the project is not contaminated and does not expose workers and inhabitants to health risks;  It is anticipated that indirect impacts will be related to nuisance and these will include disruption of public access, disruption of traffic (including pedestrians), noise and dust emission, public safety issues, disruption of access to public and private property including residential and commercial areas located in proximity of the sites; 39  Differences in the visual appearance of the area (as a result of the construction of new infrastructures such clinics, healthcare posts or any other healthcare facilities, among others).  Noise and dust emissions which may lead to impacts on human health particularly in the communities living in proximity to project areas;  Disruption of public access affecting pedestrian and traffic during the construction activities particularly in the towns, and in sensitive locations such as schools, markets and health facilities;  Poor sanitation in construction areas which can be mitigated/ avoided with the provision of adequate washing and toilet facilities close to the works.  Involuntary resettlements resulting from the construction of new infrastructure which may affect particularly single women and households headed by children especially in peri-urban areas; c) Direct and indirect impacts during the operational phase of the healthcare facilities: A large part of the work will involve capacity building and capacitating workers who will deliver healthcare services in the healthcare facilities. This will entail making contact with patients and children and administering vaccines and medication as appropriate. The major risk to healthcare workers will be in the form of:  Increased occupational health risks and infections experienced by workers or nurses who administer vaccines and medication;  Risk of spread of diseases for workers dealing with primary healthcare and maternal/child healthcare cases;  Exposure to water- borne, water based, water-related, and vector- borne diseases, and communicable diseases;  Exposure to medical waste (hazardous) generated during the operational phase of the project as well as adequate disposal in licenced facilities or lack thereof. A mitigation measure to offset the risk of impacts during the operational phase of the project may be in the form of taking suitable preventative measures to minimise the risk of infections or contracting diseases. In addition, increased collaboration between the different parties involved in the project (i.e. Affected Communities, local government agencies, Provinces and the MoH, other relevant parties) in their preparations of response plans to respond effectively to emergency situations (i.e. such as health emergencies and spikes in infections or spread of diseases such as malaria, typhoid, etc.), especially when their participation and collaboration are necessary to respond to such emergency situations. 40 41 7 CUMULATIVE IMPACTS Cumulative impacts are limited to those impacts generally recognized as important on the basis of scientific concerns and/or concerns from Affected Communities. Examples of cumulative impacts include: incremental contribution of gaseous emissions to an airshed; reduction of water flows in a watershed due to multiple withdrawals; increases in sediment loads to a watershed; interference with migratory routes or wildlife movement; or more traffic congestions and accidents due to increases in vehicular traffic on community roadways. In the context of the HSPSP, situations such as overall decrease in health status across the country as measured by different metrics (i.e. high rates of cholera, malaria, typhoid, HIV AIDS infections, malnutrition, etc.) may be regarded as cumulative impacts of the lack of or a deteriorating health system in the country. It can be argued that the lack of cumulative effects may be an indication of improved health status in the country and thus the success of this project. There will thus be no cumulative impacts experienced if all the management measures identified in the ESMF and ESMP as well as guidelines in the OPs are implemented successfully to contain or offset the identified impacts. In addition, project-specific EMPs that go hand in hand with Environmental Licences will detail any cumulative measures considered relevant to specific projects and how such can be prevented. 42 8 MITIGATION MEASURES The table below presents some generic mitigation measures considered important to the success of the HSPSP overall. Much more specific mitigation measures will be project-specific and will be identified during EIA studies or much more specific ESMP that will be prepared to address specific circumstances and context of projects. When the project scope has been fully defined, it will be much easier to prepare ESMP’s responding to particular projects based on specific impacts envisaged for particular projects. TABLE 7: SUMMARY TABLE OF POTENTIAL IMPACTS OF THE PROJECT AND MITIGATION MEASURES Potential Negative Impacts Mitigation Measures Vegetation and Soils Vegetation Reinstatement of vegetation cleared clearance and soil following completion of works; rehabilitation disturbances of sites disturbed soils immediately after completion of works. Quality of water During all types of During construction works: construction or rehabilitation works, Measures include: proper storage of residual waters, hazardous chemical products at the Project chemicals and oils sites. Other measures include adequate are discharged. drainage of water and/or other liquid wastes These have the used during construction and operation potential of phases of the Project. adversely affecting underground water All products used during the Project should and soils in the be nontoxic and biodegradable. areas where the project is The use of chemical products such as oils, implemented. lubricants and fuels should be limited and controlled/ supervised.  Pollution of underground Drainage systems in the Project sites water should be equipped with a water/ oil  Variations in separator. water levels  Pollution resultant from the lack of effective management in the water catchment areas  Salt Intrusion Air pollution Dust/ toxic Mitigation measures include watering 43 chemicals in the air surfaces to reduce dust and reduce usage during construction of chemicals (toxic). or rehabilitation works Reduction of wind speed with the use of wind breaks and covering dirt roads with tar. Some low-cost mitigation measures include:  Wetting exposed surfaces with water to minimise the spread of dust;  Adequate preparation of construction material such as cement;  Reduction of speed limits and/ or access to roads that lead to the project areas;  Ensure regular maintenance of vehicles and equipment used on sites;  Avoid starting fires in open areas. Risk of work-related Risks of accidents  It is important that workers are accidents during likely to increase in inducted and receive the necessary construction/upgrade construction or training prior to resumption of work of equipment upgrade sites activities to minimise the risks of accidents related injuries.  The EMP for each construction site ought to include suitable training for staff on health and safety measures and work conduct as well as activities that are allowed/not allowed. Social conflicts Potential for social Mitigation measures include: conflicts between workers (from other  Ensure that the proposed areas) at site and construction/rehabilitation works are members of local carried out by members of the community community residing in the specific municipality where the project is undertaken, and priority be given to local construction firms with knowledge of the local social norms;  As a rule, prioritise the recruitment of workers from communities where projects are implemented. Noise and vibrations Noise and vibrations Mitigation measures include: are common during construction and  Choosing less noisy equipment and rehabilitation works, making use of equipment that is in and these can be good conditions 44 exceeded  Usage of silencers to reduce vibrations of equipment during construction phases  Where necessary, reduce construction time and the running speed of noisy equipment  Planning and logistics should be appropriate – plan noisy activities for early hours of the day and inform local inhabitants of activities that will result in noise and vibrations.  Monitor noise and vibrations and to ensure the sound ratings levels are kept at IFC/WB recommended levels for rural or urban areas as befitting of the context or conditions of the areas where projects are being implemented. Water treatment Liquid and solid Solid and liquid waste should be managed waste will be adequately to reduce adverse impacts on produced during the water and soils and to ensure safety in the construction and Project area rehabilitation phases of the Hazardous/ toxic waste should be disposed- project. of correctly The contractor should categorise all waste, and should adopt the practice of recycling whenever possible. Health of population Water-borne Where water/ oil leaks occur, separators in Project areas illnesses resultant should be installed and cleaned regularly from still waters/ waste water Solid waste should be covered to avoid treatment. contamination of water Guidelines and procedures on cleaning oil/ fuel/ chemical leaks should be made available Water leaks if unattended in the distribution systems can create permanent wet conditions, leading to the proliferation of mosquitoes in the beneficiary communities. MoH shall ensure that community sensitization is carried out on management of tap water in households. Regular monitoring and maintenance of water distribution network is also required for early identification of leaks and repairs. 45 Waste water Poor sanitation in Mitigation measures to offset this impact treatment construction or may include: upgrade sites  Provision of adequate washing and mobile toilet facilities on project sites during construction or upgrade activities;  All healthcare facilities to have suitable water-born or environmentally suitable sanitation facilities that meet applicable WHO standards. Soil erosion Increase in soil  Implement appropriate soil erosion erosion and control measures such as minimising potential for run-off, building terraces and landslides may diversions, etc. occur.  Combine civil construction, tree- planting and small earth movements to help stabilize soils,  Establish protection zones in unoccupied areas or areas that become unoccupied when households are moved/ resettled;  Mining of construction materials in borrow pits to be preceded by appropriate mining plan which identifies measures for site decommissioning and restoration plan Climate change Effects of climate The MoH ought to take into account effects change on overall anticipated impacts of climate change in health status and Angola (i.e. .as per latest UNFCCC findings) risks of spikes in and factor such impacts in the likelihood of diseases spread of diseases as a result of shifts in habitats and incorporate this into the emergency response plans that will be part of this ESMF. Health, safety and Incidents and Safety and security measures in the security accidents are bound workplace should include: to occur in the workplace  Restrict access to construction sites and protect surroundings of the project area;  Make provisions for security guards at entrances and exits of construction sites  Ensure that workers know how to swim – where construction sites are close to water  Make provisions for proper training on 46 the use of equipment as well as training on health and safety procedures in the workplace to workers and provide safety equipment to workers (such as helmets, gloves, goggles, boots) etc.  Prepare an emergency response plan  Make provisions for a health unit and first aid for small works; for larger works arrangements for the use of ambulances and local medical facilities should be made, as required by the World Bank standard contracts: In collaboration with local health authorities, the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel. The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instruction�.  Ensure that sufficient lighting is available for night works  Establish speed limits at site areas to avoid accidents  Distribute mosquito nets to project workers who remain on-site  Liquid and solid waste should be disposed off-site  Outbreaks of malaria, urinary infections and water-borne illnesses should be monitored  Make provisions for access to potable water and washrooms during works and of water, sanitation and hygiene (WASH) programmes directed towards the local population of the areas covered by the project The WHO as well as the IFC Performance Standard 4 recommendations for health (in the case of the former), safety and security (in the case of the latter) in the workplace should be followed. 47 Socio-economic Potential loss of  Specific project areas or areas of land, interruptions in work should be identified and chosen income generating in a consultative and participative activities manner to avoid disturbances and negative social implications;  Where possible, labour from local inhabitants of the project areas should be used to avoid/ reduce social conflict;  Education and sensitization of workers and inhabitants on the prevention of HIV/AIDS should be organized. Condoms should be distributed to inhabitants and healthcare workers.  Respect for local cultural habits and for religious and cultural areas. Increased health During the  Basic hygiene and preventative risks and exposure operational phase, measures to be exercised by all to diseases healthcare workers healthcare workers; likely to be exposed  Suitable protective equipment to be to infections and worn at all times; increased risks of  All healthcare workers to receive contracting disease. comprehensive induction and training prior to starting with work;  Each facility to have a health and safety plan to be used by all personnel. 48 9 ENVIRONMENTAL AND SOCIAL SCREENING PROCESS 9.1 Summary The screening process described in this section is aimed at determining which activities (construction/rehabilitation/operational works) are likely to result in significant negative environmental and social effects with a view to determine appropriate impact mitigation measures for those activities, and ensuring the environmental sustainability of sub- projects undertaken in the Project areas, through effective monitoring of impacts during the construction/rehabilitation or operational phases. The outcome of the screening process will determine the extent of environmental considerations required preceding the carrying out of activities of the Project. For the purpose of the construction/rehabilitation of civil works, an Environmental Screening Form (Appendix 2) has been considered. However, the form does not fully address some of the key environmental and social effects likely to result from the proposed activities. Thus, an Environmental and Social Screening Form (Appendix 3) has been devised to support environmental and social decision-making of the proposed works. The form is also designed to be used by the persons involved in the implementation of the HSPSP overall and relevant decision makers, in order to identify mitigation measures for the activities likely to have adverse environmental and social effects, and identify the need for advanced environmental assessment. The Form covers information which will help reviewers describe the bio-physical aspects and social conditions of the proposed sites for installation of the infrastructure, in order to identify the potential impacts of the activity on the environment and on the social settings, and to identify the need for mitigation or compensation measures, as may be appropriate. 9.2 Step 1: Site Screening The Directorate for the Prevention and Evaluation of Environmental Impacts will appraise the project’s plans and activities to identify the basic environmental and social issues associated with the development projects. The Directorate shall work in coordination with the project proponent or representatives thereof to determine the likelihood of the project to cause negative environmental and social impacts. Where relevant, the Directorate, together with other members of the team shall conduct a site visit with a view to verify the site conditions and hence determine what the potential environmental and social impacts associated with the projects are. 49 After the site visit, the Directorate representatives will complete the Environmental and Social Screening Form presented in Appendix 4, in order to identify the potential environmental and social effects, determine their significance, categorize the activity and propose appropriate environmental impact assessment (EIA) by assigning the appropriate Category (A, B or C). 9.3 Step 2: Environmental Categories of the Activities The criteria for categorization of the proposed activities for this ESMF is based on the World Bank’s OP 4.01 for Environmental Assessment which is in many ways similar to the Angolan EIA regulations. Categorization will be preceded by filling the Environmental and Social Screening Form (Appendix 4) and the information gathered in this form will be used to assign the appropriate environmental category: A, B or C as described below. Environmental categorization of activities will be carried by the Directorate in consideration of the criteria below. Box 1: Criteria for Environmental Categorization of the proposed activities Category A: activities requiring an Environmental Impact Assessment; Category B: activities requiring an Environmental Impact Assessment (EIA) or/and an Environmental Management Plan (EMP); Category C: activities that are exempt from detailed environmental impact assessment, but which shall be implemented in observance of environmental management best practices. Given the nature of the foreseen works, it is anticipated that most activities will fall under Categories B and C, given that the potential environmental and social impacts are site- specific, minimal, and which can be easily mitigated through a simple environmental management plan (for category B activities) and environmental management best practices for category C projects. The project proponents will be required to fill the environmental and social screening forms of the proposed construction/rehabilitation works, propose adequate environmental classification of the activities, and communicate the results of the screening to the Directorate for the Prevention and Evaluation of Environmental Impacts and to the Environmental Ministry for decision-making. 9.4 Step 3: Carrying out Environmental Work Following the analysis of the screening form and the categorization of the activity, and the determination of the level of environmental work required, the Directorate will make a recommendation on whether: 50 a) The Environmental Impact Assessment (EIA) is necessary; b) A simple Environmental Management Plan is required; or c) The project is exempted from environmental impact assessment but its implementation must be based on environmental management best-practices. As per the proposed screening process, the following environmental work can be conducted: a) Use of the environmental and social checklist (Appendix 3): The environmental and social checklist will be filled by the Directorate for the Prevention and Evaluation of Environmental Impacts/project proponent. This activity will take place in parallel to the preparation of plans and drawings of the proposed construction/rehabilitation works under the HSPSP Category B activities may require only the application of mitigation measures indicated in the checklist. b) Requirements for Environmental Impact Assessment: In case the results of the environmental and social screening process indicates the need for environmental impact assessment as a result of the complexity of the proposed activities under the HSPSP, EIAs will be carried out by an authorized consultancy firm, in line with the Regulations for Environmental Impact Assessment Processes administered by the Ministry of Environment, and in consideration of the Bank’s OP 4.O1 for Environmental Impact Assessments. 9.5 Step 4: Review and Approval The environmental and social screening forms as well as the EIA reports will be submitted to the Ministry of Environment for review and decision-making. In summary, the Ministry of Environment will be responsible for the following:  Review of the results and recommendations submitted by the Directorate for the Prevention and Evaluation of Environmental Impacts based on the environmental and social screening form (Appendix 3);  Review of the proposed mitigation measures presented in the Environmental Checklist (Appendix 3);  Review the results of the conducted EIAs and EMPs to determine whether the relevant environmental and social issues have been properly addressed, and relevant mitigation measures have been put in place for the proposed civil works. 51 The Directorate will make recommendations for approval to the Ministry of Environment in consideration of the results of the review process. In the case of approval of an EIA Report, an Environmental License will be issued in conformity with the requirements of the Decree and Regulations for Environmental Impact Assessment and Licensing to explicitly state how the findings of the EIA Report were used to make the final decision. Once the environmental and social screening form has been approved by the Directorate, the project proponent and the Directorate will be notified and the development works can begin. 9.6 Step 5: Public Consultations and Disclosure As per the EIA Regulations for Environmental Impact Assessment Process, public consultation is an integral part of the EIA activities and should be considered during and throughout the preparation of the EIA, in collaboration with relevant bodies and the Project Affected Persons (PAPs) and may include:  Conducting one or more public (members of the community, government and non-government entities and other stakeholders) meetings with a view to present the proposed activities, and gather public views, concerns and expectations regarding the proposed project;  Register all the issues raised and ensure that communication channels between the public and the project team are established with a view to gather public perception regarding the proposed project. Public meetings must be preceded by a public announcement which clearly states where the meetings will be held, the date, and such notice must be publicized though the newspaper with the highest circulation figures form the area, or the most utilised communication medium (e.g. radio, TV, newspaper) 5 – 10 days before the meeting date. In certain cases, members of the public may require baseline information to gain an understanding of the project prior to the meeting date, to allow them to participate actively during the public meetings. Public consultation should contribute to the elaboration of the reports by identifying the key issues which should be addressed in detail during the environmental assessment of the project’s activities. The results of consultations should be included into the EIA Report and it should be explicitly stated how these results have been used in the EIA report and in making the final decision of the EIA Report. 52 All relevant information necessary for the consultation should be provided to the public timely, prior to the consultation, and must be in a form and language understandable and accessible to the groups to be consulted. In terms of disclosure of information, all reports related to the consultation process, the environmental assessment and/or the ESMF and ESMP reports should be made available in a public place accessible to the affected and interested groups including non-governmental organizations. These reports should also be formally submitted to the World Bank in-country and subsequently the Bank makes them available in the InfoShop. Disclosure process for the ESMP should follow the same approach as proposed in the present ESMF. For the purpose of the civil related works in the proposed HSPSP subprojects, it is proposed that the consultation with the public be carried out in the following two phases:  During the completion of the environmental and social screening forms and the respective categorization of the activity  During the detailed evaluation of environmental and social impacts. The Environmental Ministry (through the DNPAIA) may also provide copies of the completed EIA Reports to the public for review and comments prior to issuing of the final decision. The Environmental Ministry (through the DNPAIA) will also involve other relevant bodies (provincial directorates of different line ministries, the district and the municipal governments, education and research institutions, NGOs, local associations etc.). 9.7 Step 6: Environmental monitoring and follow up Environmental Monitoring intends to verify how effective and relevant the proposed mitigation measures are, and ensure their updating where relevant for continual improvement. For the purpose of the HSPSP subprojects, monitoring will be carried out by the DNPAIA, or the Ministry of Environment appointed persons. 9.8 Responsibilities for the implementation of the screening process Table below summarizes the key stages as well as the relevant institutional arrangements to carry out the screening process, preparation and evaluation of the proposed activities and the final decision making, to allow the initiation of works. TABLE 8: RESPONSIBILITIES FOR IMPLEMENTATION OF THE PROPOSED SCREENING PROCESS Screening phase Responsibility Subprojects to be undertaken under the Project Proponent Health Services Performance Strengthening Project Environmental Categorization of the Project Proponent/DNPAIA 53 activities (categories A, B, or C) Carrying out Environmental Work: i.e. implementing simple mitigation measures (Table on section 7.5), or, carrying out a separate EIA Review and Approval The DNPAIA will review the reports submitted by the project proponent/ MoH and make recommendations to MoE for final decision making and issuance of licence. Approval of (i) the screening results; (ii) MoE (DNPAIA) the assigned environmental category; and (iii) recommendations to project proponent/MoH Selection of the consultant in case of the The MoH or its representatives will draft need for a separate EIA the EIA ToRs, and prepare criteria for hiring an authorized EIA Consultant, evaluate proposed candidatures, and select the most qualified consultant and submit the selected Consultant to the specific sector. Should the procurement be carried out through World Bank funds, appointments will be based on both quality (70%) and Cost (30%). The Proponent will make decision on the selection of the EIA Consultant, draft and award a Contract for the EIA Consultant. Carrying out the Environmental Impact Authorized EIA Consultant Assessment (EIA) Approval of environmental assessment MoE (DNPAIA) Public Consultation and Disclosure MoH or its appointed representatives will ensure that the results of the screening process and the EIA Reports are communicated to the public and made available to stakeholders including PAPs. Monitoring Category C activities: MoH or its appointed representatives will oversee the implementation of environmental management best practices under Category C. Category B activities: DNPAIA The Generic EMP foresees the position of Environmental Control Officer (ECO) who shall be appointed by the Project 54 Supervisor to monitor, review and verify the implementation of the EMP (by the Contractor). However, in the case of this Project, this position is not warranted in terms of the potential negative environmental impacts of the Project. However, it is recommended that the responsibility for environmental compliance monitoring is vested in the Resident Engineer who shall be audited by the Environmental Engineer of MoH. The Resident Engineer may seek advice on environmental matters or delegate part of his environmental responsibilities to the Consultant. 55 10 GUIDELINES FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS AND MONITORING REQUIREMENTS 10.1 Generic Environmental Management Plan The generic environmental and social management plan has been prepared to guide the implementation HSPSP activities. This ESMP is generic in nature and addresses basic environmental and social issues associated with healthcare projects. The ESMP places emphasis on management of environmental and social issues associated with construction-related activities, with consideration for the operational phases of projects. The EMP does address occupational health and safety issues as well as the need to protect healthcare workers and communities living in the vicinities of the healthcare projects. In order to properly address the range of environmental and social impact issues associated with healthcare projects, it is recommended that the generic ESMP be updated and shared with all interested stakeholders to reflect the need to address the environmental and social impacts during planning, construction, and the operational phases of the project. 10.2 Monitoring requirements By nature, activities in the ESMP are subject to ongoing monitoring and adaptation to keep the ESMP relevant to the project and the conditions in the Environmental Licence. The Generic ESMP will suffice for most activities though for those activities for which there is an Environmental Licence in place, there will be a need to abide by the conditions and stipulations in the Licence to make sure that the project fulfils all the conditions of authorisation and operation. More specifically, the monitoring and auditing programme must be customised to satisfy the stipulations in the Environmental Operations Licence. Example of Generic Environmental and Social Management Plan: DISPOSAL AND TREATMENT OF MEDICAL WASTES Hospital waste is one of the most problematic types of waste for waste disposal and treatment especially in developing countries. Waste generated within hospital premises has three main components:  common wastes, for example, administrative office waste and kitchen waste;  pathogenic or infectious wastes (including sharps); 56  hazardous wastes (mainly those originating in the laboratories containing toxic substances). The quantity of the first type of waste tends to be much larger than the second and third types. Ideally, these three types of waste should be separated. However, separation is possible only when there is significant management commitment, in-depth and continuous training of personnel and permanent supervision to ensure that the prescribed practices are being followed. Otherwise, there is always a risk that infectious and hazardous materials will enter the common waste stream. Sound practices for managing medical wastes include the following: Source separation within the hospital Source separation involves isolation of infectious and hazardous wastes from common wastes through colour coding of bags or containers. This requires a high level of commitment and thorough management monitoring. Treatment of infectious waste through incineration An incinerator is difficult and expensive to maintain. However a centralized incinerator could be maintained at a main hospital that provides services to clinics in one region. In addition, simple low cost incinerators have recently been developed for the safe disposal of hazardous medical wastes in developing countries and remote rural areas. These do not require a power source and are fuelled by wood. In Angola the main hospitals are provided with incinerators. Disposal in a dedicated hazardous waste land-fill site Currently this is not an option in Angola as no hazardous waste sites are in operation. However, Angola intends to prepare a national medical waste management plan and this option may become available in the future but probably not during LDP. Proper disposal of hospital wastes in the absence of incineration and landfill sites In most urban and rural areas of Angola none of the above treatment systems are widely available, so final disposal of infectious and hazardous components of the wastes is necessary. In the absence of landfills specifically designed to receive special wastes, hospital wastes need to go to the local landfill or dump. In this case, close supervision of the disposal process is critical in order to avoid contact with waste pickers. Final disposal should preferably be done in a specially designated cell, which should be covered with a layer of lime and at least 50 cm of soil. When no other alternative is available for final disposal, hospital wastes may be disposed of jointly with regular wastes. In this case, however, hospital wastes should be covered 57 immediately by a meter thickness of appropriated cover material and always be placed more than two meters from the edge of the deposited waste. Transport of waste Waste must be transported away from the areas of generation at regular intervals or daily. Transport of waste from areas of generation must be done only by designated staff that should be fully aware of the hazards posed by the material they handle and of protective measures to be taken. They should be provided with adequate personal protective equipment and should be instructed to report any injury to the medical authorities. Additional measures that may reduce the amounts of hazardous wastes generated in clinics and health posts include:  Take-back systems, where vendors or manufacturers take back unused or out-of-date medications for controlled disposal.  Tight inventory control over medications, to avoid wastage due to expiration dates (really a form of waste reduction). The facility should be secure from trespassers and stray animal to prevent scavenging of hazardous wastes. 58 11 GRIVANCE REDRESS MECHANISM Grievance redress mechanism for Indigenous San People as part of Indigenous People’s Management Framework. The Indigenous San populations in southern Angola were negatively impacted upon by the prolonged civil war especially in those areas that are littered with landmines, which became especially inhospitable for them to settle in. Different types of San groups are known to exist in Angola (estimates of around 3,400 were made in the book - The Indigenous World, 20065). The San communities are known to occur in parts of the provinces of Huila, Cunene, Kuba Kubango, and Moximo. Not enough time was devoted to conducting public participation process for the affected communities as part of this ESMF. Based on information gleaned from the literature, the San communities in southern Angola tend to experience social exclusion, discrimination and social exploitation. The majority were found to be highly vulnerable, impoverished and food insecure and reliant on food received in exchange for work that they undertake for their adjacent Bantu neighbours. Some of the communities relied on subsistence through foraging for resources. The San population face pressure from the Bantu neighbours with whom there is an uneasy relationship of servitude as a result of competition for resources (water for instance). From the little contact that has been established with the San of Angola, they have proved very positive and open in welcoming support from outside. Experiences from San communities in adjacent countries reveal that generous funding from donors could help alleviate problems faced by the San and open ways for integration of aspects of their culture to the mainstream to allow San children to acquire education and skills. This would then enable the San to build their capacity, acquire relevant skills, gain confidence in order to fight for their rights and improve their lives. These are some of the points that will be taken into account during formal surveys or liaisons with the San Community to prepare a formal Grievance Redress Mechanism that will be incorporated in the ESMP. 5 The Indigenous World, 2006. International Work Group for Indigenous affairs, Copenhagen, Denmark. 59 12 TRAINING AND CAPACITY BUILDING REQUIREMENTS To scale up the HSPSP to all provinces and municipalities in Angola will require that lessons learned from the Municipal Health Services Strengthening Project (PRSMS) are transmitted to new recruits or workers in the healthcare services sector/projects. A formal process to review implementation of projects and drawing up lessons learned during the capacity building and training of the over 2,000 healthcare workers will need to be drawn up. A training programme can then be customised for all new recruits so they receive the same level of training to equip them to work in the healthcare facilities/sector. The training ought to be extended to institutions in the healthcare sector as well. The ESMP will be simplified and used for training of institutions and healthcare workers who are involved in the project. In summary, the capacity building process will proceed as follows: 1) Review of lessons learned from the Municipal Health Services Strengthening project target areas and workers who were inducted into the programme; 2) Draw a training manual covering environmental and social issues in the ESMF, ESMP, and screening tools; 3) Draw up an induction manual for staff in the healthcare facilities incorporating all the social and environmentally-important issues highlighted; 4) Drawn up an overall training programme for staff on mitigation and management measures for all healthcare facilities in Angola focusing on the construction, upgrade and the operational phases of all projects in the healthcare facilities. 5) Draw up an accompanying monitoring and audit programme to test the successful implementation of the healthcare programme in the National Health System. 60 13 RECOMMENDATIONS The ESMF details measures for the successful implementation of social and environmental sustainability considerations in the HSPSP in Angola. Specific recommendations to ensure success in implementation of the project include the following:  For the overall project to meet its set objectives and sustainability considerations, it is very important that this EMF and the World Bank Safeguard Policies are applied diligently and successfully;  The recommended training programmes must be prepared and implemented;  Where EIAs are required based on the outcome of the checklist, this must be implemented in keeping with country legislation and environmental prescripts as outlined in this ESMF, and World Bank Safeguard Policies;  It is recommended that the Ministry of Health takes the lead in customising training programmes and standardisation of these into the National Health `system to ensure consistency and improvement of the health system in the country;  Ongoing monitoring of all health metrics to be carried out to determine if the interventions (i.e. HSPSP) are yielding positive results or if there is a ned for adaptation and improvements in order to ensure that resources are utilised optimally. 61 14 LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED UNDER PUBLIC CONSULTATIONS A list of individuals and institutions who will be contacted as part of the public participation process will be included in this section. The names and relevant contact details will be included in the table below: 62 TABLE 9: STAKEHOLDER DATABASE - ANGOLA HSPSP Date Name Organisation Contacts Location Comments Number Email Address Number Email Address Number Email Address Number Email Address Number Email Address Number Email Address Number Email Address 63 64 15 REFERENCES 1. Connor Catherine, Denise Averbug, and Maria Miralles. July 2010. Angola Health System Assessment 20/20, Abt Associates Inc. 2. IFC Performance Standard on Environmental and Social Sustainability: https://www.ifc.org/wps/wcm/connect/c8f524004a73daeca09afdf998895a12/IFC_ Performance_Standards.pdf?MOD=AJPERES 3. The Indigenous World, 2006. International Work Group for Indigenous affairs, Copenhagen, Denmark. 4. Walmsley, B & Patel, S, 2011. Handbook on environmental assessment legislation in the SADC region. 3rd edition. Pretoria: Development Bank of Southern Africa (DBSA) in collaboration with the Southern African Institute for Environmental Assessment (SAIEA). 65 16 ANNEXES: 16.1 Environmental and Social Screening Checklist Project title…………………………………………………………………………………….. Project number…………………………………………………………………………………. Project type…………………………………………………………………………………….. Name of district for infrastructure rehabilitation/construction………………………………… Name of Executing Agent……………………………………………………………………… Date: ……………………………………………………………………… Name of the Approving Authority ………………………………………… PART A: BRIEF DESCRIPTION OF THE PROPOSED ACTIVITIES Please provide brief information on the type and scale of the construction/rehabilitation activity (total area, required land, approximate size of floor area). ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________ Please provide information regarding actions needed during the construction of facilities including support/ancillary structures and activities required to build them, e.g. need for borrow pits, energy and water pipes/lines installations, access road etc. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________________________ Please describe how the construction/rehabilitation activities will be carried out, including complementary activities and infrastructures and resources required e.g. roads, disposal site, water supply, energy requirement, human resource etc. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________ PART B: BRIEF DESCRIPTION OF THE ENVIRONMENTAL SITUATION AND IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS 66 # Environmental and social aspect Yes No Don’t Plea Kno se w desc ribe the prop osed infr astr uctu res loca tion, sitti ng; surr oun ding s (incl ude a map) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________ Describe the land formation, topography, vegetation in/adjacent to the activity area ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________ Estimate and indicate where vegetation might need to be cleared. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________ PART C: OTHER ENVIRONMENTAL ASPECTS 67 Is the site zoned for the proposed land-use? Are there any environmentally sensitive areas or threatened species (specify below) that could be adversely affected by the project? Is there any intact natural forests? Is there any surface water courses, natural springs? Is the water table close to the surface? i.e. 0,5 m or less? Are there any wetlands (lakes, rivers, swamp, seasonally inundated areas) in the proximity of the site? Is there any area of high biodiversity? Are there habitats of endangered/threatened or rare species for which protection is required under the Mozambican national law/local law and/or international agreements Is there a possibility that, due to construction/rehabilitation works and subsequent operation of the infrastructure, the river and lake ecology will be negatively affected with regards to its water quality and quantity? Is the site (or its complementary facilities) located within/adjacent to any protected areas designated by the government (national park, national reserve, world heritage site etc.)? Is the infrastructure likely to alter any historical, archaeological, cultural heritage traditional (sacred, ritual area) site or require excavation near same? Will the project involve any involuntary land acquisition? Will there be any voluntary land acquisition? Will the activities be located in any vacant public land? Is the site located in any or near polluted area (near a waste dump)? Is the site located in an area of steep slope and or susceptible to landslides or erosion of soils? Is the site located to agricultural land? Is the site located in the proximities of tourism activities? Is the project site susceptible to natural disasters (flooding, fire, cyclones and earth quake)? Is the site located in area of population concentration points (schools, markets, health facilities, water sources and commercial areas)? Will the construction/rehabilitation activities result in the permanent or temporary loss of crops, fruit trees and household 68 infra-structure (such as granaries, outside toilets and kitchens, livestock? Will the construction/rehabilitation works interfere with or block access, routes etc. (for people, livestock and wildlife) or traffic Na routing and flows? me, Will the operating noise level exceed the allowable noise limits? job Will the construction/rehabilitation works require large number title, of staff and labourers; large/long-term construction camp? and Will the activities result in emission of large amounts of dust, cont hazardous fumes? act Will the construction/rehabilitation works generate solid or deta liquid wastes? (including human excreta/sewage, asbestos) ils If “Yes�, does the architectural plan include provisions for their of adequate collection and disposal, particularly asbestos? the Are the construction/rehabilitation activities prone to hazards, pers risks and could they result in accidents and injuries to workers on during construction or operation? resp Will the operation involve use of considerable amounts of onsi natural resources (construction materials, water spillage, land, ble energy from biomass etc.) or may lead to their depletion or for degradation at points of source? filli Has public consultation and participation been sought? ng the Form: Name: ------------------------------------ Job title: ------------------------------------ Telephone numbers: ------------------------------------ Fax Number: ------------------------------------ E-mail address: ------------------------------------ Date: ------------------------------------ Signature: ------------------------------------ PART D: MITIGATION MEASURES For all “Yes� responses, please briefly describe the measures taken to this effect. Subsequent to completion of the present Environmental and Social Screening Form, the analysis by the Directorate for the Prevention and Evaluation of Environmental Impacts will follow in order to classify the activity into one of the categories A, B or C. 69 70 16.2 Environmental and Social Field Appraisal Form Civil work activity Issue to be addressed Yes No Construction/upgrade/operational Are there agricultural lands in the proximity activities of the site (cultivated or non-cultivated lands) or any other natural resources likely to be affected by construction/rehabilitation works? Are there appropriate facilities to handle wastes resulting from the proposed construction/rehabilitation works? Will the construction/rehabilitation works require clearing of vegetation and excavation of soils? Will the use of local construction materials (borrow pit materials for brick manufacturing, need for firewood and timber harvesting) be required during the construction/ rehabilitation works? Are there pollution risks of surface and groundwater as a result of the proposed construction/ rehabilitation works? Are there suitable preventative measures to offset health and safety impacts (i.e. hand washing with soap/detergents/disinfectants? Where the option is ‘YES’ on any of the issues above, the mitigation measures in this ESMF should be investigated for appropriate response measures to be implemented. 71 72