Ensuring Environmental and social safeguards

Modality Classroom session Project sites visit Learning consolidation and sharing the learning by participants in groups

Safeguards Source: google.com

Discussion Questions Is safeguards necessary? Why or why not? What are your roles? Any experiences of safeguards/conflict in ensuring safeguards?

Profit - Profit - Profit Profit - People - Planet Project formulated, designed and executed by engineers who ensure technical compliance but pay little attention to social environmental impact/risk Social and environmental management as an integral part of the development project design and implementation.

Safeguards Safeguards are operational policies and procedures that seek to avoid, minimize, or mitigate adverse environmental and social impacts, including protecting the rights of those likely to be affected or marginalized, by the development process.

Safeguards Policies The safeguard policies require that impacts are identified and assessed early in the project cycle; plans to avoid, minimize, mitigate, or compensate for the potential adverse impacts; and …

Safeguards Policies… The safeguard policies require that … affected people are informed and consulted during project preparation and implementation (learning cycle).

“Safeguard” Policies Social Policies Environmental Policies Assessment Natural Habitats Forests Bio-diversity … Social Policies Physical Cultural Resources Involuntary Resettlement Indigenous People GESI … The ‘safeguard policies’ are instruments applied by the Bank in its operations to protect the interest of the beneficiaries, clients, shareholders and the Bank. They are linked to one another, and taken collectively, they provide a comprehensive framework for avoiding negative impact on the environment and the livelihood of people.

Operational Definition (Safeguards) Social IRP IPP Environmental

Safeguards Policy Principles Proper screening for categorization Assessment with identification of direct, indirect, cumulative and induced impacts, trans boundary and CC impacts Assess alternative of project location, design, technology, components and “no project” option Prepare plan with avoid, minimize, mitigate and compensate principle

Safeguards Policy Principles Undertake MEANINGFUL consultation and establish GRM Disclose information before project appraisal at an accessible location and local language Implement plan, monitor compliance, record and take “corrective actions” and disclose effectiveness through monitoring reports Do not implement projects in “critical habitats”. Protect biodiversity and natural resources

Safeguards Policy Principles Pollution control and avoid pollutant emissions like GHG, waste and hazardous material Ensure safe and healthy working conditions and prevent accidents, injuries, and disease to workers and local communities Conserve physical cultural resources and undertake “chance find” procedure for discoveries during implementation

Legal Frameworks The Constitution of Nepal Article 18, Right to Equality; Article 25 (1), Article 25 (2), Article 25 (3) Local Government Operation Act Section 6, plan formulation and implementation Land Acquisition Act Compensation Fixation Committee ILO convention on IPs 169 legally binding treaty on the rights of indigenous peoples consult indigenous peoples in all decisions affecting them

Legal Frameworks Sector wise safeguards provisions (Environmental & Social Management Framework) Roads Commerce and Supplies Education Energy Transportation Development partners' safeguard policy ADB’s Safeguard Policy Statement and WB’s Environmental and Social Framework

Genesis of Environmental Assessment Environmental Dilemma Development vs Destruction Economic prosperity vs Environmental poverty Resource harnessing vs Sustainability Present generation vs Future generation Greed vs Need

Environmental Management Plan A plan to ensure systematic integration of all proposed mitigation measures with the project construction/operation activities. EMP Includes: Project Management for Environment Protection Measures Implementation Monitoring Plan Auditing plan

Environment Screening and Categorization Basics of Screening Project types (EPR Schedule 1-IEE, schedule 2- EIA) Project area within forests (<5 ha-IEE; > 5 ha-EIA) Protected areas, historical and archaeological sites - EIA Project cost threshold (5-25 crore –IEE; >25 crore-EIA)

Environment Screening and Categorization EIA EIA used for large scale projects Also looks into unknown impacts as a detailed assessment and will require subject matter specialist and more budget Generally does not recommend for further assessment to identify and predict impact and mitigate adverse impact. IEE Used for small scale projects Works on known impacts and is conducted within the short span of time and some budget and manpower May recommend for further assessment, particularly EIA

Types of Impact Assessment Project level - Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA) Sector level - Sectoral Environmental Assessment Cumulative impacts - Cumulative Effects Assessment Policy, Plan and Program level - Strategic Environmental Assessment (SEA) Other assessments such as Health IA, Social IA, Biodiversity IA, Trade IA etc.

Involuntary Resettlement Safeguards A process that assists the displaced persons to replace their lost land, housing, and access to resources and services to restore and improve their socio-economic and cultural conditions. Enhance, or at least restore, the livelihoods of all displaced person and vulnerable group

Involuntary Resettlement Involuntary resettlement safeguards cover both physical and economic displacement as a result of involuntary acquisition of land, or involuntary restrictions on land use or on access to legally designated parks and protected areas. Displacement can be full or partial, permanent or temporary.

Involuntary Resettlement Displacement affects not only the physically displaced, but also those who lost their livelihoods and the host population Displacement outcomes: Loss of property; Loss of access to common land; Loss of access to natural resources; Loss of income sources; Loss of livelihood ; Community disintegration, etc

Involuntary Resettlement Issue GoN’s Policy Better IR Policy Loss of more than 10% of the total landholdings and income Do not consider the percentage loss of income or total land holdings Income restoration programme such as training and other measures to restore and improve the standard of living of the displaced households Squatters/illegal occupants/non-titled land users Do not consider squatters/ encroachers/ non titled land users for compensation Not entitled for compensation for land; squatters/ vulnerable encroachers/non title holders are entitled to payment for the structures/houses/ business and other assistance

Involuntary Resettlement Issue GoN’s Policy Better IR Policy Valuation of affected land, houses & other structures and trees Compensation rate will be determined by a Committee, consisting of (i) CDO, (ii) representative from DDC (iii)Chief of Land Revenue Office (iv) Project Manager All compensation is based on the principle of replacement cost Other assistance for relocation of the houses No provision Provision for the transitional allowances, transport allowances and one time financial assistance to the occupants, employees

Involuntary Resettlement Issue GoN’s Policy Better IR Policy Vulnerable groups No provision Provision for income restoration programme and other financial assistance

Indigenous People Requirement The IP safeguards are triggered when a project affects either positively or negatively and either directly or indirectly the Indigenous Peoples’: dignity, human rights, livelihood systems or culture (intangible aspects that are integral to their distinctiveness); or territories or natural or cultural resources (the tangible aspects of their identity).

Indigenous People Requirement Policy Principles Project Screening Impact assessment/SIA Planning/Management Plan (IPP) Information Disclosure Meaningful Consultations Grievance Redress Mechanism Monitoring and Reporting

Issues on Ensuring Safeguards Sufficient legal base, assessment has reasonably improved, but gaps are in implementation and enforcement Safeguard units in projects? Safeguard staff, mechanism and monitoring system Safeguards monitoring budget and resources Lack of meaningful consultation and GRM

Issues on Ensuring Safeguards Environmental provisions vague in contract agreement Contractors have limited awareness and understanding Safeguards receives least attention Sufficient monitoring but lacks documentation/progress status Periodic safeguard monitoring reports are not submitted/dissiminated

Issues on Ensuring Safeguards Project Planning Project Implementation Project Completion High Priority Safeguards Compliance Low

Overcoming the Issues Comply to rules and regulation consistently Follow the principle of ‘Do No Harm’ Establish and practice GRM Engagement of stakeholders: consultative participation Use of monitoring and evaluation report

Overcoming the Issues Project Planning Project Implementation Project Completion Safeguards Compliance Priority

Further Readings Asian Development Bank, 2009, Safeguard Policy Statements World Bank, 2018, Environmental and Social Framework Different sector specific reports on environmental and social framework Constitution of Nepal Acts, Rules and Regulations on Environment and Social provisions

What Next Site visit (30 August 2018, Thursday) Kalanki - Nagdhunga Road Arrival at NASC by 9:45 Field visit (10:00 am – 12:45 pm) Use compliance monitoring checklist Use separate sheet Social Environmental

What Next? 4 groups A group of four: Group 1: 1,5,9,13,17,21,25,29 (Environment) Group 2: 2,6,10,14,18,22,26,30 (Social) Group 3: 3,7,11,15,19,23 and 27 (Environment) Group 4: 4,8,12,16,20,24 and 28 (Social) A group of four: 5, 15, 20 and 30 (Lesson learnt and Summarization) Learning consolidation and prepare presentation (before 2:30 pm) Present at the Plenary (2:30 pm – 4:10 pm) 10 minutes each for presentation and 7 minutes each for discussion

Please bring necessary items: Umbrella Mask Sunglass Sunscreen Travel bottles Wear full sleeves cloths Comfortable shoes