executive summary - documents & reports - all...

7TH FLOOR, TRUST TOWERSFARRAR AVENUE, ADABRAKA ACCRA, GHANA.

THE REPUBLIC OF GHANATHE REPUBLIC OF GHANA

MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT (MLGRD)

LOCAL GOVERNMENT CAPACITY SUPPORT PROJECT

(LGCSP)

FINAL REPORT

ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)

FOR LOCAL GOVERNMENT CAPACITY SUPPORT PROJECT

Prepared By: Dyson T. [email protected]

E2673 rev

FEBRUARY 2011

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 ii

LIST OF ABREVIATIONS AND ACRONYMSLIST OF ABREVIATIONS AND ACRONYMS

ARAP

ARIC

Abbreviated Resettlement Action Plan

Audit Review Implementation Committee

BOD Biochemical Oxygen Demand

BP Best Practice

CBRDP Community-Based Rural Development Project

DACF District Assemblies Common Fund

DANIDA

DDF

Danish International Development Agency

District Development Fund

EA

EIA

EMP

ESO

EPA

ESIA

ESMF

ESMP

Environmental Assessment

Environmental Impact Assessment

Environmental Management Plan

Environment and Social Officer

Environmental Protection Agency

Environmental and Social Impact Assessment

Environmental and Social Management Framework

Environmental and Social Management Plan

FDS Fiscal Decentralization Secretariat (within MLGRD)

FDU Fiscal Decentralisation Unit (within MOFEP)

FOAT Functional and Organisational Assessment Tool

GAS Ghana Audit Service

GPRS

GSGDA

GIFMIS

GIZ

Ghana Poverty Reduction Strategy

Ghana Shared Growth Development Agenda

Ghana Integrated Financial Management Information System

German International Cooperation

GoG Government of Ghana

IGF Internally Generated Funds

IGFF Intergovernmental Fiscal Framework

ILGS Institute of Local Government Studies

IMCC Inter-Ministerial Coordinating Committee

L.I. Legislative Instrument

LG Local Government

LGCSP Local Government Capacity Support Project

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 iii

LGSS Local Government Service Secretariat

MDA Ministries, Departments and Agencies

MLGRD

MMA

Ministry of Local Government and Rural Development

Metropolitan and Municipal Assemblies

MMDA Metropolitan, Municipal and District Assemblies

MOFEP Ministry of Finance and Economic Planning

MPCU

NDAP

Metropolitan/Municipal Planning and Development Unit

National Decentralisation Action Plan

NEAP

NGO

OP

PEFA

National Environmental Action Plan

Non Governmental Organization

Operational Policy

Public Expenditure and Financial Accountability

PFM Public Financial Management

RAP

RCC

RPF

SPEFA

UDU

Resettlement Action Plan

Regional Coordinating Council

Resettlement Policy Framework

Social Public Expenditure and Financial Accountability Groups

Urban Development Unit in MLGRD

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 iv

Table of Contents

LIST OF ABREVIATIONS AND ACRONYMS.......................................................................................................................... II

EXECUTIVE SUMMARY.................................................................................................................................................. VIII

1.0 INTRODUCTION....................................................................................................................................................... 1

1.1 BACKGROUND..................................................................................................................................................................11.1.1 Environmental and Social Issues Relevant to the Project....................................................................................2

1.2 PURPOSE AND STUDY OBJECTIVES OF ESMF.........................................................................................................................2

2.0 OVERALL APPROACH AND METHODOLOGY FOR ESMF PREPARATION..................................................................- 4 -

2.1 APPROACH.................................................................................................................................................................. - 4 -2.2 METHODOLOGY........................................................................................................................................................... - 5 -

3.0 DESCRIPTION OF LGCSP....................................................................................................................................... - 6 -

3.1 CONTEXT AND OBJECTIVES OF LGCSP.............................................................................................................................- 6 -3.2 PROJECT COMPONENTS................................................................................................................................................. - 6 -

3.2.1 Component 1 - Strengthening the fiscal framework for decentralization.......................................................- 6 -3.2.2 Component 2 - Enhancing decentralised urban service delivery.....................................................................- 7 -3.2.3 Component 3 - Stimulating demand for accountable governance and service delivery..................................- 9 -3.2.4 Component 4 - Institutional and Project Management Support...................................................................- 10 -

4.0 RESULTS OF THE PUBLIC CONSULTATION PROCESS............................................................................................. - 11 -

4.1 CONSULTATIONS WITH MMAS..................................................................................................................................... - 11 -4.2 CONSULTATIONS OF THE EPA....................................................................................................................................... - 13 -

5.0 GHANA BASELINE PROFILE................................................................................................................................. - 14 -

5.1 WATER RESOURCES.................................................................................................................................................... - 14 -5.1.1 Surface Water...............................................................................................................................................- 14 -5.1.2 Groundwater................................................................................................................................................ - 14 -

5.2 SOIL......................................................................................................................................................................... - 14 -5.3 POPULATION............................................................................................................................................................. - 15 -5.4 ECONOMY OVERVIEW.................................................................................................................................................. - 15 -5.5 EDUCATION............................................................................................................................................................... - 15 -5.6 HOUSING.................................................................................................................................................................. - 15 -5.7 HEALTH.................................................................................................................................................................... - 16 -

6.0 POLICY, LEGAL, INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT........................................- 17 -

6.1 NATIONAL ENVIRONMENTAL REQUIREMENTS...................................................................................................................- 17 -6.1.1 Ghana’s Environmental Policy...................................................................................................................... - 17 -6.1.2 The Environmental Protection Agency Act....................................................................................................- 17 -6.1.3 EA Regulations and Procedures....................................................................................................................- 17 -6.1.4 EA (Amendment) Regulations, 2002.............................................................................................................- 18 -6.1.5 Local Government Act, 1993 (Act 462).........................................................................................................- 18 -

6.2 NATIONAL LABOUR, SAFETY AND HEALTH REQUIREMENTS.................................................................................................- 18 -6.2.1 Factories, Offices and Shops Act...................................................................................................................- 18 -6.2.2 Occupational Safety and Health Policy of Ghana (Draft)..............................................................................- 19 -6.2.3 National Workplace HIV/AIDS Policy............................................................................................................- 19 -6.2.4 Labour Act.................................................................................................................................................... - 19 -

6.3 THE GHANA SHARED GROWTH AND DEVELOPMENT AGENDA (GSGDA)...............................................................................- 19 -

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 v

6.4 THE POVERTY REDUCTION STRATEGY OF GHANA..............................................................................................................- 20 -6.4.1 GPRS I and II................................................................................................................................................. - 20 -

6.5 THE WORLD BANK REQUIREMENTS............................................................................................................................... - 20 -6.5.1 The Bank’s Safeguard Policies.......................................................................................................................- 20 -6.5.2 Environmental Assessment (OP 4.01)...........................................................................................................- 20 -6.5.3 Involuntary Resettlement (OP 4.12)..............................................................................................................- 21 -6.5.4 Forestry (OP 4.36).........................................................................................................................................- 21 -6.5.5 Physical Cultural Property (OP 4. 11)............................................................................................................- 21 -6.5.6 Natural Habitats (OP 4.04)...........................................................................................................................- 21 -6.5.7 Safety of Dams (OP 4.37)..............................................................................................................................- 21 -6.5.8 Indigenous People (OP 4.10).........................................................................................................................- 22 -6.5.9 Bank’s Policy on Disclosure (OP 17.50).........................................................................................................- 22 -

6.6 ENVIRONMENTAL SANITATION POLICY............................................................................................................................ - 22 -6.6.1 Solid Waste Management............................................................................................................................ - 22 -

6.7 INTERNATIONAL CONVENTIONS..................................................................................................................................... - 23 -6.8 INSTITUTIONAL FRAMEWORK........................................................................................................................................ - 23 -

6.8.1 Ministry of Environment, Science and Technology.......................................................................................- 23 -6.8.2 Ministry of Local Government and Rural Development................................................................................- 23 -6.8.3 Ministry of Water Resources Works and Housing.........................................................................................- 24 -6.8.4 Ministry of Finance and Economic Planning.................................................................................................- 24 -6.8.5 Ministry of Roads and Highways..................................................................................................................- 24 -

7.0 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF LGCSP AND MITIGATION..............................................- 25 -

7.1 POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS............................................................................................................ - 25 -7.1.1 Water Supply Project....................................................................................................................................- 26 -7.1.2 Urban Road Rehabilitation and Drainage Project.........................................................................................- 26 -7.1.3 Street Lighting Project.................................................................................................................................. - 26 -7.1.4 Abattoirs Project...........................................................................................................................................- 26 -7.1.5 Aesthetics Improvement...............................................................................................................................- 27 -7.1.6 Economic Benefits to MMAs.........................................................................................................................- 27 -7.1.7 Enhanced Institutional Capacity to Support Decentralization.......................................................................- 27 -7.1.8 Environmental and Social Safeguards Applied to MTDP Projects.................................................................- 27 -

7.2 IDENTIFICATION OF POTENTIALLY ADVERSE ENVIRONMENTAL AND SOCIAL IMPACTS,...............................................................- 27 -7.2.1 Environmental Impact Assessment...............................................................................................................- 27 -7.2.2 Social Impacts...............................................................................................................................................- 29 -

7.3 MITIGATION MEASURES.............................................................................................................................................. - 30 -7.3.1 Construction Phase Impacts......................................................................................................................... - 30 -7.3.2 Post Constructional Phase impacts...............................................................................................................- 33 -

7.4 INTEGRATION OF THE EMP.......................................................................................................................................... - 35 -7.4.1 Environmental Management........................................................................................................................- 35 -7.4.2 Objectives of Program.................................................................................................................................. - 35 -7.4.3 Resources for Programme Implementation..................................................................................................- 36 -

7.5 MONITORING............................................................................................................................................................ - 38 -7.5.1 Construction Phase....................................................................................................................................... - 38 -7.5.2 Operation and Maintenance Phase..............................................................................................................- 39 -

8.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)................................................................- 40 -

8.1 THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS...................................................................................................- 40 -8.1.1 The Screening Process.................................................................................................................................. - 41 -8.1.2 Responsibilities for the Implementation of the Screening Process................................................................- 47 -

8.2 MITIGATION MEASURES.............................................................................................................................................. - 47 -8.2.1 General mitigation measures....................................................................................................................... - 47 -8.2.2 Specific construction impacts mitigation measures......................................................................................- 49 -

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 vi

8.3 RESPONSIBILITY AND INSTITUTIONAL ARRANGEMENT FOR IMPLEMENTATION AND MONITORING................................................- 51 -8.4 CAPACITY STRENGTHENING FOR ESMP IMPLEMENTATION.................................................................................................- 54 -

8.4.1 Capacity Building Program and Awareness..................................................................................................- 55 -8.4.2 Technical strengthen measures....................................................................................................................- 55 -

8.5 ESMF IMPLEMENTATION SCHEDULE.............................................................................................................................. - 56 -8.6 ESTIMATED BUDGET....................................................................................................................................................- 56 -8.7 ESMF/ ESMP DISSEMINATION.................................................................................................................................... - 59 -

9.0 REFERENCES...................................................................................................................................................... - 60 -

10.0 ANNEXES...................................................................................................................................................... - 61 -

ANNEX 1A: ENVIRONMENTAL AND SOCIAL SCREENING (ESS) OF SUB-PROJECTS...........................................................- 61 -ANNEX 1B: STANDARD FORMAT FOR SCREENING REPORT..............................................................................................- 63 -ANNEX 1C: SCREENING REPORT-ENVIRONMENTAL AND SOCIAL CHECKLIST..................................................................- 66 -ANNEX 2: STANDARD FORMAT FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)................................- 67 -ANNEX 3: GUIDANCE ON ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN BY PROJECT PHASES.................................- 68 -ANNEX 4: DRAFT TERMS OF REFERENCE FOR SUB-PROJECT REQUIRING AN ESIA.........................................................- 71 -ANNEX 5: GENERAL ENVIRONMENTAL MANAGEMENT CONDITIONS FOR CONSTRUCTION CONTRACTS..........................- 73 -ANNEX 6: SUMMARY OF WORLD BANK SAFEGUARD POLICIES AND HOW THEY WILL APPLY TO THE FUTURE PROJECT ACTIVITIES............- 81 -ANNEX 7: LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED...........................................................................................- 83 -ANNEX 8: TERMS OF REFERENCE FOR LGCSP ESMF............................................................................................................... - 102 -ANNEX 9: MINUTES OF DISCLOSURE WORKSHOP.....................................................................................................................- 105 -

LIST OF TABLESTABLE ES1: COST BREAKDOWN FOR ESMF IMPLEMENTATION……………………………………………………………………………xiiTABLE 4.1: SUMMARY OF SOME KEY CONSULTATION ISSUES..........................................................................................................- 12 -TABLE 4.2: SUMMARY OF CONSULTATIONS WITH EPA....................................................................................................................- 13 -TABLE 7.1: STATUS OF SAFEGUARD WORK................................................................................................................................... - 25 -TABLE 8.1: STRUCTURES INVOLVED IN LGCSP ENVIRONMENT AND SOCIAL MANAGEMENT.....................................................................- 41 -TABLE 8.2 : CONTENTS OF ENVIRONMENTAL STUDIES.....................................................................................................................- 42 -TABLE 8.3: PROCEDURES FOR ESIA............................................................................................................................................. - 43 -TABLE 8.4: PROCESS MONITORING INDICATORS OF ESMF MEASURES................................................................................................- 45 -TABLE 8.5: INDICATORS AND MONITORING MECHANISM OF ENVIRONMENTAL AND SOCIAL ISSUES............................................................- 46 -TABLE 8.6: SUMMARISED ENVIRONMENTAL SCREENING PROCESS AND RESPONSIBILITIES.......................................................................- 47 -TABLE 8.7: GENERAL MITIGATION MEASURES................................................................................................................................ - 48 -TABLE 8.8: SUMMARY OF ENVIRONMENTAL MITIGATION MEASURES.................................................................................................- 49 -TABLE 8.9: INSTITUTIONS RESPONSIBLE FOR IMPLEMENTATION OF ESMF...........................................................................................- 52 -TABLE 8.10: INSTITUTIONAL ARRANGEMENTS FOR ESMF IMPLEMENTATION........................................................................................- 54 -TABLE 8.11: TRAINING SCHEDULE............................................................................................................................................... - 55 -TABLE 8.12: TIMETABLE FOR IMPLEMENTATION AND MONITORING OF ENVIRONMENTAL ACTIVITIES.........................................................- 56 -TABLE 8.13: ESTIMATED COSTS OF TECHNICAL MEASURES................................................................................................................- 57 -TABLE 8.14: TRAINING AND AWARENESS MEASURES COSTS..............................................................................................................- 57 -TABLE 8.15: SUMMARIZED ESTIMATED BUDGET FOR ENVIRONMENTAL AND SOCIAL IMPACT MANAGEMENT.............................................- 58 -TABLE 8.16: COST BREAKDOWN FOR ESMF IMPLEMENTATION........................................................................................................- 58 -TABLE 10.1: ENVIRONMENTAL AND SOCIAL CHECKLIST....................................................................................................................- 66 -TABLE 10.2: GUIDANCE ON ESMP BY PROJECT PHASES..................................................................................................................- 68 -

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 vii

LIST OF FIGURES

FIGURE 8.1: GHANA LGCSP INSTITUTIONAL ARRANGEMENTS.........................................................................................................- 53 -FIGURE 8.2: ESMP IMPLEMENTATION ARRANGEMENT................................................................................................................... - 54 -FIGURE 10.1: TYPICAL ENVIRONMENTAL SCREENING PROCEDURE......................................................................................................- 62 -FIGURE 10.2: CONSULTATIONS WITH THE KETA MUNICIPAL ASSEMBLY, KETA (18/01/2011)................................................................- 87 -FIGURE 10.3: CONSULTATIONS WITH THE KWAHU WEST MUNICIPAL ASSEMBLY, NKAWKAW (19/01/2011)...........................................- 89 -FIGURE 10.4: CONSULTATIONS WITH THE ASHANTI AKIM NORTH MUNICIPAL ASSEMBLY, KONONGO (19/01/2010)................................- 91 -FIGURE 10.5: CONSULTATIONS WITH THE KUMASI METROPOLITAN ASSEMBLY, KMA, KUMASI (19/01/2010)........................................- 93 -FIGURE 10.6: CONSULTATIONS WITH THE ENVIRONMENTAL PROTECTION AGENCY (EPA), ASHANTI REGION, KUMASI (19/01/2010)..........- 94 -FIGURE 10.7: CONSULTATION WITH THE SEKONDI TAKORADI METROPOLITAN ASSEMBLY (19/01/2010)................................................- 96 -FIGURE 10.8: CONSULTATION WITH CAPE COAST METROPOLITAN ASSEMBLY......................................................................................- 98 -FIGURE 10.9: CONSULTATION WITH EPA (CAPE COAST) (19/01/2010)...........................................................................................- 99 -FIGURE 10.10: CONSULTATIONS WITH KOMENDA........................................................................................................................ - 101 -

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 viii

EXECUTIVE SUMMARYEXECUTIVE SUMMARY

The Ministry of Local Government and Rural Development (MLGRD), with support from the World Bank, is currently preparing a Local Government Capacity Support Project (LGCSP).

The objective of the project is to build the capacity of local governments to deliver services by (i) enhancing the intergovernmental fiscal framework, (ii) improving municipal management capabilities, and (iii) strengthening local accountability. The project has four main components. Component 1 will be implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD.

Component 1: Strengthening the fiscal framework for decentralization.

Component 2: : Enhancing decentralized urban service delivery

Component 3: Stimulating demand for accountable governance and service delivery.

Component 4: Institutional and Project Management Support.

Activities under component 1, 2b, 3 and 4 will not have any major environmental and social safeguards impacts. The main impact will be related to Component 2a, the Urban Development Grant.

Description of Prospective Projects under Component 2

Under Component 2a, the grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure and services that they have a mandate to deliver (with a simple negative list). These could be small scale civil works such as local roads, street lighting, drainage, markets, abattoirs, public toilets, sanitation, etc.

Environmental and Social Issues Relevant to the Project

The potential environmental and social impacts of the likely investments are not currently known, even though they are likely to be minor. Since the exact location, nature and number of investments and/or services are not known, MLGRD is required to prepare an Environmental and Social Management Framework (ESMF) to ensure that all investments are adequately screened for their potential environmental and social impacts, and that correct procedures to be followed, depending on the types of investments to be carried out, and these will be reflected in the ESMF document.

In pursuant to the requirements of the World Bank, including OP 4.01, an ESMF for LGCSP, subject of this study, is prepared.

Objectives of the Study

The objective of the assignment is to prepare an ESMF which will:

(i) Establish the legal framework, procedures, and methods for environmental and social planning, review, approval and implementation investments to be financed using the performance grant funds;

(ii) Identify roles and responsibilities, including reporting procedures and monitoring and evaluation;

(iii) Identify capacity/ or training needs for different stakeholders to ensure better implementation of the provisions in the ESMF and also in the sub-project ESIAs and ESMPs and;

(iv) Identify funding requirements and resources to ensure effective implementation of the framework.

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 viii

Methodology

The ESMF study has been prepared in accordance with applicable World Bank safeguard policies and Ghana environmental assessment guidelines. The distinct phases of the study include:

Data Gathering; Consultations and discussions with MLGRD, LGCSP, MMAs, EPA and NGOs; Literature review; Environmental screening and scoping; Determination of potential impacts; Identification of impact mitigation measures; Preparation of an Environmental and Social Management Plan; and Preparation of sub-project guidelines.

NATIONAL ENVIRONMENTAL REQUIREMENTS

The adoption of the National Environmental Action Plan (NEAP) led to the enactment of the EPA Act 1994 (Act 490); and subsequently the passing of the Ghana EIA Procedures into the EA Regulations, 1999 (LI 1652).The EPA is required to conduct monitoring to verify compliance with given approval/permit conditions, required environmental standard and mitigation commitments. Furthermore, a requirement by EPA for an EA precludes any authorising Ministries, Departments and Agencies (MDAs) from licensing, permitting, approving or consenting such undertaking, unless notified otherwise.

EA Regulations and Procedures

The EA Regulations combine both assessment and environmental management systems. The regulations prohibit commencing an undertaking/activity without prior registration and environmental permit (EP). Undertakings are grouped into schedules for ease of screening and registration and for EP. The schedules include undertakings requiring registration and EP (Schedule 1), EIA mandatory undertakings (Schedule 2), as well as Schedule 5-relevant undertakings (located in Environmentally Sensitive Areas).

The Regulations also define the relevant stages and actions, including: registration, screening, preliminary environmental assessment (PEA), scoping and terms of reference (ToR), environmental impact assessment (EIA), review of EA reports, public notices and hearings, environmental permitting and certification, fees payment, EMP, Annual Environmental Report (AER), suspension/revocation of permit, complaints/appeals, etc.

Local Government Act, 1993 (Act 462)

The Local Government Act (Act 462) seeks to give a fresh legal expression to government’s commitment to the concept of decentralization. It is a practical demonstration of a bold attempt to bring the process of governance to the doorstep of the populace at the Regional and more importantly, the District level. The Metropolitan, Municipal and District Assemblies (MMDAs) created under the law, constitute the highest political authority in each district, municipality and metropolis.

Other relevant legislative, regulative and administrative regimes considered are: The Factories, Offices and Shops Act of 1970 (Act 328); Occupational Safety and Health Policy

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 ix

National Workplace HIV/AIDS Policy; Labour Act, 2003 (Act 651); Ghana Shared Growth and Development Agenda (2010-2013); Ghana Poverty Reduction Strategy (GPRS I & II); World Bank Safeguards Policies Ghana Environmental Sanitation Policy; Relevant International Conventions and Protocols; and Institutional Framework.

POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS

The overall environmental impact of the project is expected to be positive. Significant positive impacts to the natural and socioeconomic environments will be achieved by the participating MMAs. By developing infrastructure, the capacity of the MMAs to deliver quality services will be improved.

Potential Environmental Impacts

The proposed upgrading of infrastructure works will have minimal impact on the environment. An assessment of the negative impacts can be classified into construction phase and post-construction phase impacts. The constructional works would present minor negative environmental impacts. The construction phase includes the following operations: site clearing, excavation and grading, upgrading of access roads and drains, installation of utility services (electricity and water supply). Some of the potential minor environmental impacts are:

Loss of ornamental and shady trees; Soil and land degradation; Visual intrusion; Air quality impacts; Vehicular traffic implications; Noise level increase and ground vibration; Construction waste generation Solid waste generation; Occupational, health and safety issues etc.

Potential Social Impacts

Social impacts may emanate from the various infrastructure services delivery activities under the LGCSP within the MMAs. The following are some of the potential social negative impacts:

Disruption of utility services; Displacement of families and businesses; Restriction of access to source of livelihood; Loss of buildings, structures, land, crops, etc; Delays in compensation payment and provision of alternative mean of livelihood; Social conflicts, etc.

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 x

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

During the implementation of LGCSP activities, potential environmental and social impacts must be considered and managed. The impacts must be mitigated, minimized or preferably avoided particularly to meet the Government of Ghana’s National Environmental Requirements and the World Bank safeguards policies requirements.

The objective of the ESMF is to outline the institutional arrangements relating to: (i) identification of environmental and social impacts arising from activities under the LGCSP sub-projects, (ii) the implementation of proposed mitigation measures, (iii) Capacity Building and (iv) Monitoring.

The ESMF will be included in LGCSP Project Implementation Manual and the Operations Manual. The ESMF outlines mechanisms for:

1) Screening of proposed sub-projects, identifying potential environmental and social impacts and management of safeguard policies implications;

2) Institutional arrangements for implementation and capacity building

3) Monitoring Environmental and Social Management Plan (ESMP) measures implementation;

4) Public consultation;

5) The estimated costs related to the ESMP.

ESMF Implementation Arrangement

MLGRD is the lead implementing agency for the LGCSP. The Planning, Budgeting, Monitoring and Evaluation (PBME) Directorate is the entity designated by MLGRD to manage the project. PBME will also supervise the implementation of the ESMF by the MMAs. The Municipal/Metropolitan Planning and Coordination Committees (MMPCUs) (and directly the Planning Officer) of the MMAs will execute the provisions of the ESMF on the ground.

The MLGRD will recruit an Environmental and Social Officer (ESO). The ESO’s main task is to ensure that the 46 MMAs comply with the National Environmental requirements and the World Bank’s environmental and social safeguard policy requirements and recommnedations, including reviewing screening documents from MMAs, reviewing, overseeing, and participating in ESIA reviews and implementation, monitoring activities of mitigation measures implementation and act as the interlocutor of the LGCSP/MLGRD and MMAs (MMPCUs). The MLGRD will also be responsible for the dissemination the ESMF/ESIAs/ESMPs in country and in the World Bank’s infoshop.

Responsibilities for the Implementation of the Screening Process

The ESMF will be implemented by the MMAs (MMPCU) supported by MLGRD. MLGRD will collaborate with the EPA and the World Bank to ensure effective execution of the ESMF.

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 xi

CAPACITY STRENGTHENING FOR ESMF IMPLEMENTATION

In order for MLGRD to effectively carry out the environmental and social management responsibilities for sub-project implementation, institutional strengthening will be required. Capacity building will encompass MLGRD staff and sub-project executing institutions such as the Regional Coordinating Councils, Regional EPAs and MMAs. MLGRD should therefore ensure that the following concerns and needs are addressed:

Institutional structuring within the relevant departments to ensure that required professional and other technical staff are available.

To successfully implement the ESMF, a training programme for MLGRD and MMAs is necessary. Proposed capacity building training needs are as follows:

- Environmental and Social Management Process.- Use of Screening form and Checklist - Preparation of terms of reference for carrying out EA- Design of appropriate sub-project mitigation measures.- Review and approval of EA reports- Public consultations in the ESMF process.- Design of appropriate monitoring indicators for the sub-project’s mitigation measures- Integration of sub-project ESMPs into the MMAs project cycles during their project implementation

stages.

ESTIMATED BUDGET FOR ESMF

The estimated budget for Implementation of ESMF and RPF are as follows:

Table ES 1: Cost Breakdown for ESMF ImplementationS/No Task Cost ($) Comment

1 Salary and travel costs for Environmental and Social Officer at MLGRD (including regular monitoring visits)

195,000 Total duration of Project – 6 years

2 Orientation and training of MMAs in environmental and social safeguards

140,000. Duration of Project

3 Assessments of project implementation for compliance to ESMF and RPF recommendations at MMA levels covering two (2) visits

80,000 2013 and 2015

4 Conduct sub-project ESIAs/ESMPs/RAPs/ARAPs before project implementation

Nil The cost will be borne by MMAs using urban grants

Total Estimated Costs 415,000

The total estimated cost for the implementation of the ESMF and RPF is Four Hundred and Fifteen Thousand US Dollars ($415,000)

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 xii

1.01.0 INTRODUCTIONINTRODUCTION

1.1 BACKGROUND

The Ministry of Local Government and Rural Development (MLGRD), with support from the World Bank, is currently preparing a Local Government Capacity Support Project (LGCSP). The Government of Ghana has sought a Project Preparation Advance from the World Bank to finance preparatory activities to support the design of the project. The objective of the project is to build the capacity of local governments to deliver services by (i) enhancing the intergovernmental fiscal framework, (ii) strengthening local public financial management and accountability for improved infrastructure and services in urban assemblies , and (iii)improve citizens’ engagement with urban assemblies and their perceptions of urban management . The project has four main components. Component 1 will be implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD.

Component 1: Strengthening the fiscal framework for decentralization. This component will support the establishment of a predictable and transparent fiscal framework for local governance, through assisting MoFEP to develop the intergovernmental fiscal framework, introduce local government public financial management reforms in five key areas, and manage the overall system of intergovernmental fiscal relations

Component 2: Enhancing decentralized urban service delivery. This component will support selected urban local governments to improve their management capabilities in the identified key reform areas through two sub-components: (i) a performance based annual Urban Development Grant (UDG), and (ii) targeted capacity support to participating local governments

Component 3: Stimulating demand for accountable governance and service delivery. This component will generate civil society demand for financial information from urban assemblies (e.g. budgets and audits); foster more effective engagement of civil society with assemblies on this information (i.e. helping civil society to understand it and provide a forum for exchange and debate around the information); and strengthen the capacity and engagement of citizens’ representatives on the budget and service delivery issues

Component 4: Institutional and Project Management Support. This component will provide support to MLGRD in fulfilling its role in supporting the decentralization process specifically related to fiscal decentralization and urban development. Support will be provided in three broad areas: (i) strengthening MLGRD through providing institutional support to the Urban Development Unit, and the Fiscal Decentralization Secretariat; (ii) supporting the management of the Urban Development Grant; and (iii) project management and implementation support, including procurement and FM specialists, project audits, evaluations, citizen surveys, project communications activities, training and workshops, and operating costs.

FINAL ESMF of LGCSP for MLGRD, Ghana, February, 2011 1

1.1.1 Environmental and Social Issues Relevant to the Project

Under Component 2, the project will provide grants to urban (Metropolitan and Municipal) Assemblies (MMAs) based on achievement of performance in key focus areas of the project related to public financial management and accountability. The grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure and services that they have a mandate to deliver (with a simple negative list). These could be small scale civil works such as local roads, street lighting, drainage, markets, abattoirs, public toilets, sanitation, etc. The potential environmental and social impacts of these investments are not currently known, even though they are likely to be minor. Since the exact location, nature and number of investments and/or services are not known, MLGRD is required to prepare an Environmental and Social Management Framework (ESMF) to ensure that all investments are adequately screened for their potential environmental and social impacts, and that correct procedures to be followed, depending on the types of investments to be carried out, and these will be reflected in the ESMF document.

In pursuant to the requirements of the World Bank, including OP / BP 4.01, an ESMF is prepared by the Government of Ghana (GoG) as a requirement for the implementation of the LGCSP. Furthermore, the World Bank requires that the description of measures taken by the GoG represented by the Ministry of Local Government and Rural Development (MLGRD) (the Borrower) to address the safeguard policy issues and undertake an assessment of MMAs and MLGRD’s capacity to plan and implement the measures proposed to be addressed in the ESMF.

1.2 PURPOSE AND STUDY OBJECTIVES OF ESMF

In World Bank-financed projects, a key goal is to enhance positive and sustainable environmental and social outcomes of the project by minimizing and/or avoiding negative environmental and social impacts. Where avoidance is not possible, an Environmental and Social Management Framework is developed which provides the framework within which to address the issues. The objective of the assignment is to prepare an ESMF which will:

Establish the legal framework, procedures, and methods for the environmental and social planning, review, approval and implementation investments to be financed using the performance grant funds;

Identify roles and responsibilities, including reporting procedures and monitoring and evaluation; Identify capacity and/or training needs for different stakeholders to ensure better implementation of the

provisions in the ESMF and; Identify funding requirements and resources to ensure effective implementation of the framework.

The EA Regulations of Ghana provide the general framework and procedures for EA and environmental management (EM) of development actions. Most Development Partners (DPs) and funding institutions, including the World Bank also have EA requirements. As part of funding arrangements for the LGCSP, the World Bank’s safeguards policies and national requirements must apply. The project has the following attributes (quite distinct from project-specific level assessment):

Geographical coverage of 46 Metropolitan and Municipal Assemblies in all the 10 regions of Ghana;

Implementation duration spread over 6 years.

Involvement of several institutions at the national, regional, district and local levels;


Design of the sub-projects, types and numbers for implementation, and the specific project locations and communities all not determined at this stage.

The ESMF spells out the World Bank safeguards policies, country’s institutional arrangements and capacity required to implement the framework. This ensures that sub-projects meet the national and local E&S requirements and are consistent with OP 4.01, OP 4.12, etc of the Bank. Other objectives of the ESMF include:

Assessment of potential adverse environmental and social impacts commonly associated with the listed sub-projects and the way to avoid, minimize or mitigate them;

Establishment of clear procedures and methodologies for the environmental and social planning, review, approval and implementation of sub-projects;

Development of an EA screening/initial assessment system to be used for sub-projects; and

Specification of roles and responsibilities and the necessary reporting procedures for managing and monitoring sub-project environmental and social concerns.

Development of general environmental management conditions to be added to construction contracts.

The ESMF will be principally used by MMAs and other collaborators to ensure that adequate mitigation measures and other environmental and social safeguards have been incorporated into the sub-projects to be implemented under the LGCSP.


2.02.0 OVERALL APPROACH AND METHODOLOGY FOR ESMF PREPARATIONOVERALL APPROACH AND METHODOLOGY FOR ESMF PREPARATION

2.1 APPROACH

The ESMF study has been prepared in accordance with applicable World Bank safeguard policies and Ghana environmental assessment guidelines. The distinct phases of the study include:

Data Gathering; Consultations and discussions with MLGRD, LGCSP, MMAs, EPA and NGOs; Literature review; Environmental screening and scoping; Determination of potential impacts; Identification of impact mitigation measures; Preparation of an Environmental and Social Management Plan; and Preparation of sub-project guidelines.

Data GatheringThe ESMF Consultant assembled and evaluated relevant baseline data related to the biophysical and socio-economic characteristics of the environment to be covered by the project. The baseline data reviewed included: topography, soil, water resource, biological and socio-economic data.

- ConsultationsDuring the assessment, consultations with key stakeholders such as impacted groups, local communities and non-governmental organizations were held from 13-27th of January 2011. Selected LGCSP beneficiary MMAs were also visited during the period. (see Annex 7)

Literature Review

The ESMF preparation involved document review. The GoG and the World Bank reference documents reviewed included:

Environmental Protection Agency Act, 1994 (Act 490); Environmental Assessment Regulations, 1999 (LI 1652); National Environmental Action Plan; Ghana EIA Procedures; and World Bank’s Safeguards Policies.

The approach was based on review of available project literature and other strategic planning documents at the national and sector level.

2.2 METHODOLOGY


KEY ACTIVITIES SPECIFIC TASKSDevelopment of the Environmental and Social Management Framework

1. Provide general information on the project 2. Present the ESMF objectives 3. Describe the project activities and components4. Present and analyze the baseline data (biophysical and socioeconomic

environment)5. Analyze the national, legal and regulatory framework and the World Bank

safeguard policies6. Analyze the country environmental and social management institutional

framework and within the framework of the project7. Assess the project impacts8. Develop the Environmental and Social Management Plan including:

a. Screening processb. Mitigation measuresc. Environmental monitoring plan d. Responsibility and Institutional arrangements in

implementation and monitoring e. Capacity Strengthening plan f. Consultation plan g. Implementation schedule h. Cost estimation

Technical appendices / recommendations/ List of individuals/institutions contacted/ references


3.03.0 DESCRIPTIONDESCRIPTION OF LGCSP OF LGCSP

3.1 CONTEXT AND OBJECTIVES OF LGCSP

The project will provide an integrated package of support to build the capacity of Metropolitan, Municipal Assemblies (MMAs), with a specific focus on the urban assemblies (Metropolitan and Municipal Assemblies or MMAs). A systematic and dynamic approach to capacity building is proposed, aimed at ensuring that an appropriate enabling policy, regulatory and fiscal environment at the national level supports efforts to strengthen local government capabilities. It would also ensure that the capacity of urban assemblies is built in relation to functions that they actually perform (“learning by doing”), and that they are held to account (by citizens and national government) and appropriately rewarded for the performance of these functions.

This project will build on the incentive driven approach to enhancing MMDA performance that has been initiated through the District Development Fund (DDF) performance grant that has been operating over the last two years, and which is showing positive outcomes. It will focus on the specific needs of urban assemblies through encouraging the emergence of a differentiated fiscal framework and providing incentives and support in key reform areas already identified in the National Decentralisation Action Plan (NDAP) and related policies of government. The broad focus area of these reforms will be on local government public financial management systems, as these are recognized as the critical foundation of accountable and effective local governance and service delivery. The specific reform areas considered critical are: (i) budget reform; (ii) reporting, monitoring and auditing systems; (iii) revenue management; (iv) asset management; and (v) social accountability.

The project will complement and harmonize with existing and planned support from other development partners (DPs) to the overall decentralization framework. Specific support to administrative decentralization is already being provided by the Danish International Development Agency (DANIDA), French Development Agency (AFD) and German International Cooperation (GIZ), with further support planned by the European Union (EU). The growing focus of the EU support is on the work of the Local Government Service Secretariat (LGSS) related to personnel decentralization and civil service reforms. In this context, Bank support under this project will focus on fiscal decentralization and financial management reforms, given their importance in supporting administrative decentralization as well as enhancing local service delivery and governance outcomes. The project is also being designed in strategic partnership with other DPs engaged in decentralization to ensure a mutually reinforcing reform agenda in support of the government’s decentralization policy (using common frameworks, performance criteria, indicators, triggers, etc).

3.2 PROJECT COMPONENTS

3.2.1 Component 1 - Strengthening the fiscal framework for decentralization

This component will support the establishment of a predictable and transparent fiscal framework for local governance, through assisting MoFEP to develop and manage specific aspects of the fiscal framework for local governance. Current problems in the fiscal framework disrupt the performance of local government functions, such as budget management, and undermine their ability to respond to citizen needs. In addition, the framework for public financial management by local governments is outdated and insufficient for the growth in their roles


and responsibilities. An effective fiscal framework will complement the provision of capacity support and financing to local governments through creating appropriate incentives for effective local service delivery and accountable decision-making. GoG has recognized that the fiscal framework is a critical element of the enabling environment for effective and accountable local governance. High-level agreement has been reached that MoFEP should provide leadership in this area and a Fiscal Decentralisation Unit (FDU) has been created in MoFEP to start operations in calendar year 2011. The FDU has the mandate to lead a consultative process of fiscal policy development over the medium term and to monitor fiscal and financial aspects of the decentralisation programme. The FDU is expected to work closely with MLGRD on these issues.

The FDU will be supported through three sub-components, namely: (i) the development of intergovernmental fiscal policy, including the revision of the overall Intergovernmental Fiscal Framework Policy Statement of 2008, a series of studies focusing on fiscal issues in decentralization (e.g. decentralized education/health financing, issues associated with personnel transfers, etc.), a review of the system of fiscal transfers with a specific focus on the performance of the District Assemblies Common Fund (DACF), and the review of the regulatory environment for municipal borrowing; (ii) the development of implementation strategies in the five key local government financial management reform areas of budgeting; reporting and auditing; revenue management; asset management; social accountability in public financial management (PFM); (iii) the development of FDU management capacity, through the provision of a long term technical advisor on fiscal decentralization, international training course for staff, study tours, support to MoFEP communications and awareness activities at national and local level, and general support to selected unit overheads.

3.2.2 Component 2 - Enhancing decentralised urban service delivery

This component will support selected urban local governments to improve their management capabilities in the identified key reform areas through 2 sub-components: a performance-based Urban Development Grant (UDG), and capacity building and support activities. The UDG builds on the existing District Development Facility (DDF), currently supported by four Development Partners and administered as a performance grant open to all 170 MMDAs, managed by the Ministry of Local Government and Rural Development (MLGRD). The DDF has minimum access conditions which measure functional capacity in five core areas: (i) development planning, (ii) financial management and accounting, (iii) public procurement, (iv) implementation capacity, and (v) the functioning of the General Assembly. The DDF also carries out an annual performance assessment exercise (FOAT) which scores each MMDA according to a range of indicators 1, and which determines the amount of the grant each assembly gets based on a formula that weights these scores. The DDF is described in more detail in Annex 6. The DDF also provides capacity support to MMDAs, and the capacity support proposed under this project aims to avoid duplication and instead complement what is already being provided through the DDF (and other interventions) at the local government level.

(i) Performance-based Urban Development Grant (UDG) to urban assemblies The core of the component is an annual performance-based grant to urban assemblies. All 46 MMAs (40 municipal and 6

metropolitan assemblies as per the official classification of MMAs) are technically eligible. In order to access the grant, the MMAs will need to meet DDF minimum conditions, achieve at least the average score (across all

1 The FOAT measures performance under eight sub-themes using 50 indicators. The sub-themes, along with the maximum score achievable out of 100, are: management and organization (12); transparency, openness and accountability (12); planning system (15); human resource management (8); financial management and auditing (16); fiscal capacity (15); procurement (12); and environmental sanitation management (10).


MMAs) on the DDF annual assessment (FOAT) each year, and have signed a Grant Participation Agreement confirming their agreement to abide by the terms and conditions of the Grant. The DDF minimum conditions are: (i) Establishment of District Planning Coordinating Unit (DPCU); (ii) Annual Action Plan formulated; (iii) Annual Statement of Accounts prepared; (iv) Procurement plan prepared; (v) Minimum number of General Assembly meetings held; (vi) Progress reports on Implementation of Annual Action Plan submitted; and (vii) No adverse audit comments bordering on dishonesty

The UDG will be provided in addition to existing DDF allocations. The allocation of the UDG will be based on performance in the key reform areas targeted by the project: (i) budget reform; (ii) reporting and auditing systems; (iii) revenue management; (iv) asset management; and (v) social accountability. These will be assessed through a limited number of indicators, ensuring that performance in any one of the indicators has a potentially significant impact on the grant amount for a particular year. This assessment will be carried out as part of the regular FOAT exercise, as an additional “chapter” to the FOAT. The specific performance indicators, their associated weighting, and the formula for allocation will be elaborated in an Operational Manual for the UDG. The allocation formula will also take into account the relative populations of the assemblies.

Assuming a gradual entry of the urban assemblies over the project period, participating assemblies could expect an estimated average of $500,000 per assembly (or $2.23 per capita) in the first year, rising to $1.02 million (or $4.56 per capita) by the end of the project. An “average” assembly participating in every year of the grant would receive $3.04 million in total (or $13.59 per capita).

The use of performance-based UDG funding is aligned with the requirements under the DDF. The UDG can be used for expenditures that fall within the legal mandate of MMAs and support the implementation of development priorities within District Medium Term Development Plans (DMTDPs). Legislative Instrument 1961 (Local Government (Departments of District Assemblies) Commencement Instrument, 2009) provides the most current description of sectoral functions that have been transferred to the local government level: education, youth and sports; health; agriculture; social welfare and community development; works; industry and trade; disaster prevention; conservation (forestry, game and wildlife); transport; and urban roads, and specifically for metropolitan assemblies, also waste management.

The choice of sub-projects within these functional areas will be made by the MMAs with the following restrictions: Allowable expenses include (i) maintenance of community and social infrastructure (expenses related to

furniture and fixtures, plant and machinery, and general equipment); and (ii) expenses related to construction (new projects, completion of on-going/abandoned projects, and rehabilitation of buildings, plant and machinery).

Disallowable expenses (negative list) are as follows: investments outside of the DMTDPs; purchase of cars, motor bikes, and bicycles; construction and furnishing of District Administration offices and residential accommodations; investments in loans, other micro credit schemes and other securities; payment of allowances to Assembly members and staff; and acquisition of land.

(ii) Targeted capacity support to urban assemblies This sub-component will support a program of targeted capacity support to MMAs to assist them to enhance their

performance in relation to the five key PFM reform areas. Support will be provided through: (i) training and technical assistance support that will be managed centrally; and (ii) a Capacity Support Fund that will be made available directly to MMAs.

The centrally managed capacity support will finance: (a) workshops and peer learning events; (b) development and/or revision of national training modules in the five key reform areas, (c) training of core MMA staff in the key PFM reform areas; and (d) regional teams of technical advisors who will provide hands-on support to staff of MMAs on a rotating basis. This training will be directly linked to gradual


reforms undertaken under component 1 so that regulatory and policy changes will be reflected in the training provided and the materials used. Training on key PFM reform areas will include supporting MMAs to deepen “supply-led” initiatives on social accountability, such as the preparation and dissemination of user-friendly formats that will make financial information such as budgets and audits more accessible to citizens and civil society. The centrally managed support will be undertaken by the Local Government Service Secretariat (LGSS), which will contract out specific services as needed to private sector service providers, and will engage institutions such as the Institute of Local Government Studies (ILGS) in their mandated roles such as quality assurance, standardization of training, and evaluations. This support will be provided to all 46 MMAs.

The Capacity Support Fund will provide targeted capacity support to each participating MMA to address their specific and unique needs related to the introduction of the five key PFM reforms (approximately US$ 40,000 per year per participating MMA). The fund aims to incentivize the achievement of specific outcomes in the key reform areas through the use of strategic consulting services (e.g. street addressing to improve revenues) and advisory support for transactions (e.g. assistance for setting up management contracts for revenue collection). Funds will only be transferred to the MMA based on applications and contracts, subject to quality assurance and approval by the technical advisors and LGSS.

3.2.3 Component 3 - Stimulating demand for accountable governance and service delivery

Component 3 will support and underpin social accountability objectives as laid out in the government’s Decentralization Policy Framework and the NDAP. Activities supported under this component will directly complement and underpin the “supply-led” accountability initiatives introduced under Components 1 and 2, including public disclosure of allocations, budgets and reports. Component 3 activities will advance and deepen openness, accountability, and transparency beyond existing DDF initiatives. It will do this by supporting initiatives designed to increase civil society’s knowledge of, and engagement on, local government PFM. Specifically, it will work to generate civil society demand for financial information from MMAs (e.g. on budgets and audits); foster more effective engagement of civil society with assemblies on this information; and strengthen the capacity and engagement of citizens’ representatives on the budget and service delivery issues.

MLGRD will establish a Social Accountability Unit on activation of the project which will be charged with the responsibility for implementing Component 3 activities. The Unit will be staffed by appropriately skilled MLGRD staff who will have time dedicated specifically for implementation of Component 3 activities. The project will complement the Unit staffing by supporting a highly experienced Technical Advisor on social accountability full-time for the first two years of the project and part-time for years 3 and 4 of the project. The project will support capacity building for staff of the Social Accountability Unit. The project will also support some limited equipment and material needs for the Unit necessary to facilitate its operation.

Component 3 comprises three sub-components. One sub-component will support the introduction of a social audit approach which will stimulate civil society engagement with local governments on PFM issues. This will be done through the formation and facilitation of community-level Social Public Expenditure and Financial Accountability (SPEFA) groups which will receive ongoing practical training and assistance from CSOs in engaging effectively with MMDAs and sub-District structures. The design of this social audit approach is informed by lessons learned from ongoing social accountability programs in Ghana (e.g. School Feeding Program; HIPC Watch), and is premised on existing institutions and structures (community representative groups, CSOs/CBOs/NGOs, traditional authorities, sub-District structures, local governments, and Assembly Members).


The second sub-component will support the development of a media network (radio, print, television) on local government PFM issues. The objective will be to build capacity in the media to report effectively on local government PFM issues; expand considerably the number of media entities reporting on these issues; and, increase the frequency and accuracy of media coverage on relevant topics. Increased media coverage will raise awareness and improve knowledge of local government PFM among civil society at large.

The third sub-component will provide support to MLGRD’s existing Ministerial Advisory Board in deepening its engagement on issues relating to the project and particularly social accountability for local government PFM with a view to fostering further advancements and innovations on social accountability for these issues at the local government level.

3.2.4 Component 4 - Institutional and Project Management Support

This component will provide support to MLGRD in fulfilling its role in supporting the decentralization process specifically related to fiscal decentralization and urban development, and support project management needs of MLGRD. The first subcomponent will strengthen MLGRD through providing technical assistance and operational support to the Fiscal Decentralization Secretariat and the Urban Development Unit, the Inspectorate Division and the Monitoring and Evaluation Unit of the Planning, Budgeting, Monitoring and Evaluation (PBME) Department. The second sub-component will support the management of the UDG, including specialist technical advisors for grant management, monitoring and evaluation, and safeguards; the annual UDG performance assessment process; annual procurement, financial management and value-for-money reviews at the MMA level; and semi-annual field surveys of physical progress by MMAs. The third sub-component will support project management, including procurement and FM specialists, project audits, project evaluations, citizen surveys, project communications activities, training and workshops, and operating costs.


4.04.0 RESULTS OF THE PUBLIC CONSULTATION PROCESSRESULTS OF THE PUBLIC CONSULTATION PROCESS

To adequately appreciate the views and concerns of stakeholders with regard to the project implementation, field visits and consultation with key stakeholders, Ministries, Departments and Agencies, MMAs, and non-governmental organizations are on-going. The consultations focused on:

Assessing the views and understandings of the MMAs on the LGCSP;

Identifying and Assessing environmental and social impact of the LGCSP

Proposed or ongoing infrastructure rehabilitation activities under the MMAs

Reviewing the status of compliance and enforcement of environmental regulations within the MMAs.

Identifying capacity building needs for the MMAs and relevant regulatory institutions and recommending actions to strengthen MLGRD and its partners to ensure sustained environmental and social compliance monitoring.

The consultation was basically done in two forms:

- Group discussions with a cross-section of officials and professionals from government Ministries, Departments, and MMAs.

- Interviews with key informants (MLGRD, EPA etc) so that views and concerns are more broadly captured.

4.1 CONSULTATIONS WITH MMAS

Consultations were held with the under-listed Metropolitan and Municipal Assemblies (MMAs): 1. Accra Metropolitan Assembly (AMA), Greater Accra2. Ashaiman Municipal Assembly (Greater Accra);3. Keta Municipal Assembly (Volta Region)4. Cape Coast Municipal Assembly(Central Region);5. Komenda-Edina-Eguafo-Abirem Municipal Assembly (Central Region);6. Sekondi-Takoradi Metropolitan Assembly (Western Region);7. Asante Akim North Municipal Assembly (Ashanti Region);8. Kumasi Metropolitan Assembly (Ashanti Region); and 9. Kwahu West Municipal Assembly (Eastern Region).

The detailed consultation issues and responses with pictures are presented in Annex 7. The Table 4.1 below is a summary of consultations held with the MMAs.


Table 4.1: Summary of some Key Consultation Issues

S/N Assembly Name/Position of Officer Consulted

Main Consultation Issues Responses

1 Accra Metropolitan Assemby, Accra

Mr. Timothy Teye Oman-Metropolitan Planning and Development Officer

1. The lacks an in-house capacity for EA management, monitoring and compliance enforcement

- Capacity building and training for MA staffs

2 Keta Municipal Assembly, Keta

Mr. M. P. Dagbui-Chief Economic Planning Officer

2. Threats of infrastructure project to wildlife conservation in the MA and restriction to natural resource.

- Promotion of wetland conservation, alternative means of livelihoods, involvement of wildlife experts in project design and training.

3. Ashaiman Municipal

Mr. S.S Agbeve- Planning Officer

3. Resettlement issues in theimplementation of sub-projects of the MDTPs

2. Observance of Environmental and Social safeguards in project implementation

3.Involvement of NGOs in the assemblies’ plan implementation

- Public consultations are held to sensitize the community people

- Compensations are paid to legal occupants of affected properties

- Only donor sponsored projects are subjected to EA. Assembly sponsored projects are not subjected to EA unless in ‘severe’ cases

- NGOs are included in community dialogue as a first step in identifying the needs of the community to be incorporated in the MTDPs

4. Cape Coast Metropolitan

Hon. Anthony Egyir Aikins- Chief Executive

5. Komenda-Edina-Eguafo-Abirem Municipal

Mr. Atta-Ullah Dason- Co-ordinating Director

6. Sekondi-Takoradi Metropolitan

Hon. Kobina Pra Annan- Chief Executive

7. Asante Akim North Municipal

Mr. M.D.A. Avah- Municipal Coordinating

Director

8. Kumasi Metropolitan Assembly

Mr. Paa Kwesi Simon- Development Planning

Officer

9. Kwahu West Municipal Assembly

Hon. Alex Obeng-Somuah- Chief Executive

4.2 CONSULTATIONS OF THE EPA

Consultations were held with the under-listed Regional EPA Offices:


1. EPA, Head Office-Accra2. EPA, Central Regional Office – Cape Coast; and3. EPA, Ashanti Regional Office – Kumasi.

Table 4.2 is a summary of consultations held with EPA Regional Offices.

Table 4.2: Summary of Consultations with EPA

S/N Name of Regional Office

Name/Position of Officer Consulted Main Consultation Issues

1 EPA, Head Office Mr Ebenezer Sampong- Director of EAA Dept.

Effective collaboration with MDAs with the EPA and provision of the needed resources to enable the EPA offers her support roles to the MDAs.

2. EPA, Central Region Mr. Don Boateng Addae- Senior Programme Officer

1. Correspondence with the Assembly in observing E&S safeguards on sub-projects

2. Contribution to the works of EMCs of the assembly3. EPA, Ashanti Region Mr Prempeh Adakwa - Yiadom

- Senior Programme Officer


5.05.0 GHANA BASELINE PROFILEGHANA BASELINE PROFILE

5.1 WATER RESOURCES

Water is fundamental to life and essential for nearly every human endeavour. Water resources have to be developed to provide for human consumption, agriculture (crop production, livestock, and fisheries) and industrial applications (power generations, processing). In general water supply development in Ghana is influenced by an abundance of surface water and low occurrence of ground water. Surface water is being used to supply potable water to population centres (above 10,000 people), provide hydro-power and for irrigation among others. Ground water is used mainly to provide potable water in low population areas and areas where surface water is inadequate. Total renewable water resources is estimated at 53.2 cu km (2001), while fresh water withdrawer both Domestic, Industrial and Agriculture is 0.98 cu km/yr (24%/10%/66%), while per capita consumption stood at 44 cu m/yr (2000)

5.1.1 Surface Water

The main river basins in Ghana that constitute the available surface water sources are the White Volta, Black Volta, Oti, Lower Volta. Pra. Ankobra, Tano. Bia, Coastal Drainage (mainly Ayensu and Densu) and Tordze Aka Basins. Rainwater harvesting also serves as a source of surface water available to many rural communities. The mean annual rainfall varies from 2250mm in the west costal area, to about 750mm in the eastern coastal area (around the capital, Accra), and 100 mm in the North. This indicates that the South Western part of the country is well watered unlike the semi-arid savannah to the North and the Central and Eastern coastal plains. The variability and uneven distribution of rainfall results in a water deficit in some parts of the country during the year. Investigations reveal that though surface water quality is generally good, local pollution however exists particularly in the mining areas of intense agricultural activities.

5.1.2 Groundwater

Aquifers underlie almost all areas in the country. Occurrence of ground water however is controlled principally by the local geology and other factors such as topography and climate. In northern Ghana aquifers have been located at between 10m and 60m depth with an average of 27m and recurrent drought in north severely affects agricultural activities; deforestation; overgrazing; soil erosion; poaching and habitat destruction threatens wildlife populations; water pollution; inadequate supplies of potable water. In southern Ghana, due to thicker soil cover, boreholes are deeper, ranging between 25m and 80m depth with an average of 42m.

5.2 SOIL

The major soils in Ghana include: the Oxysols (Oxisols, Ferric, Plinthic Aerisols) These are developed under evergreen rain forest with rainfall above 1778mm. They are strongly leached soils with predominant kaolinitic clays and deficient humus content. The oxysols are strongly susceptible to erosion on exposure and to rapid nutrients depletion. These soils occur around the extreme south-western corner of Ghana.

The ochrosols are developed in both forest and savannah environment under rainfalls between 900mm and 1650mm. The savannah ochrosols occur in the northern and coastal savannahs in the middle range of the rainfall


limits and under a single maximum rainfall on the northern savannahs. The profile may contain iron pan or gravel at depths that are shallower in the savannah areas. The organic matter content is low especially in the savannah soils and is draughty in the surface horizons. The ochrosols are extremely important agriculturally. They are widely cultivated in both forest and savannah areas. Like many other soils, however, their nutrient-vegetation relationships are fragile and they are susceptible to water erosion.

5.3 POPULATION

The current population of Ghana is estimated to be about 24,339,838 million (Population & Housing Census, 2010. Population trends from analysis of census data from 1960. 1970 and 1984 indicated a progressive increase of rural-urban migration from 23% to 32%.

However, data gathered from the Ghana Living Standards Survey (GLSS 1991/92) point to gradual reversal of this trend, and the GLSS 3 (2000) actually indicates a 10% rural to urban migration. Various rural development interventions in recent years have contributed to improved employment opportunities and social amenities like schools, pipe-borne water, Electricity, roads, proper health care, access to banking credit facilities, leisure and entertainment facilities.

5.4 ECONOMY OVERVIEW

Ghana is well endowed with natural resources and agriculture accounts for roughly one-third of GDP and employs more than half of the workforce, mainly small landholders. The services sector accounts for 50% of GDP. Gold and cocoa production and individual remittances are major sources of foreign exchange. Oil production at Ghana's offshore Jubilee field began in mid-December and is expected to boost economic growth. Ghana signed a Millennium Challenge Corporation (MCC) Compact in 2006, which aims to assist in transforming Ghana's agricultural sector.

In 2009 Ghana signed a three-year Poverty Reduction and Growth Facility with the IMF to improve macroeconomic stability, private sector competitiveness, human resource development, and good governance and civic responsibility. Sound macro-economic management along with high prices for gold and cocoa helped sustain GDP growth in 2008-10.

5.5 EDUCATION

Although educational facilities are generally available countrywide, about 59% of adults in rural areas are literate in English or a local Ghanaian language, compared with an urban adult average of 34%. The national adult literacy average rate is 50%.

5.6 HOUSING

Housing is one of the basic needs that every individual requires. Rural housing types vary slightly among the three ecological zones. Houses in the rural savannah are built of mud with thatch roofing. The forest and southern part of the rural savannah utilize sticks and mud, with corrugated irons sheets for roofing. With the coastal zone rural houses are built of mud bricks with sandcrete plastering.


The average number of persons per household varies from a high of 5.55 in the rural savannah areas to 4.21 and 4.19 in the rural forest and rural coastal areas respectively. Housing in the rural areas generally lack built-in amenities such as electricity, toilet facilities and water.

5.7 HEALTH

Rural community dwellers are exposed to a host of health problems related directly to inadequate water (quality and quantity) and lack of proper sanitary provisions. These problems are compounded by absence of basic health infrastructure and health education. Some of the common diseases are malaria. Guinea worm, kwashiorkor, cholera and diarrhoea.


6.06.0 POLICY, LEGAL, INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENTPOLICY, LEGAL, INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT

The environmental policy and EA legislation and procedures of Ghana and those of the World Bank, which are relevant to the Project, are outlined. In principle the two sets of policies and procedures on environmental and social assessment are similar in many respects.

6.1 NATIONAL ENVIRONMENTAL REQUIREMENTS

6.1.1 Ghana’s Environmental Policy

The environmental policy of Ghana formulated in the National Environmental Action Plan (NEAP) of 1993 hinges strongly on ‘prevention’ as the most effective tool for environmental protection. The policy aims at a sound management of resources and environment, and the reconciliation between economic planning and environmental resources utilization for sustainable national development. It also seeks among others, to institute an environmental quality control and sustainable development programs by requiring prior EA of all developments, and to take appropriate measures to protect critical eco-systems, including the flora and fauna they contain against harmful effects, nuisance or destructive practices. The adoption of the NEAP led to the enactment of the EPA Act 1994 (Act 490); and subsequently the passing of the Ghana EIA Procedures into the EA Regulations, 1999 (LI 1652).

6.1.2 The Environmental Protection Agency Act

The Environmental Protection Agency (EPA) Act, 1994 (Act 490) grants the Agency enforcement and standards setting powers, and the power to ensure compliance with the Ghana EA requirements/procedures. Additionally, the Agency is required to create environmental awareness and build environmental capacity as relates all sectors, among others. The Agency (including its Regional and District Offices) is also vested with the power to determine what constitutes an ‘adverse effect on the environment’ or an activity posing ‘a serious threat to the environment or public health’, to require EAs, EMPs, Annual Environmental Reports (AERs), etc of an ‘undertaking’, to regulate and serve an enforcement notice for any offending or non-complying undertaking.

The Agency is required to conduct monitoring to verify compliance with given approval/permit conditions, required environmental standard and mitigation commitments. Furthermore, a requirement by EPA for an EA precludes any authorising MDA from licensing, permitting, approving or consenting such undertaking, unless notified otherwise.

6.1.3 EA Regulations and Procedures

The EA Regulations combine both assessment and environmental management systems. The regulations prohibit commencing an undertaking/activity without prior registration and environmental permit (EP). Undertakings are grouped into schedules for ease of screening and registration and for EP. The schedules include undertakings requiring registration and EP (Schedule 1), EIA mandatory undertakings (Schedule 2), as well as Schedule 5-relevant undertakings (located in Environmentally Sensitive Areas).


The Regulations also define the relevant stages and actions, including: registration, screening, preliminary environmental assessment (PEA), scoping and terms of reference (ToR), environmental social impact assessment (ESIA), review of EA reports, public notices and hearings, environmental permitting and certification, fees payment, EMP, Annual Environmental Report (AER), suspension/revocation of permit, complaints/appeals, etc.

6.1.4 EA (Amendment) Regulations, 2002

The EA (Amendment) Regulations were made to amend sections of the EA fees regime of LI 1652 (the ‘principal enactment’) on fee payment for EP and certificate issued by the Agency.

6.1.5 Local Government Act, 1993 (Act 462)

The Local Government Act (Act 462) seeks to give a fresh legal expression to government’s commitment to the concept of decentralization. It is a practical demonstration of a bold attempt to bring the process of governance to the doorstep of the populace at the Regional and more importantly, the District level.

The Metropolitan, Municipal and District Assemblies (MMDAs) created under the law, constitute the highest political authority in each district, municipality and metropolis.

Among the functions of the MMDAs are the following:

Formulate and execute plans, programmes and strategies for the effective mobilization of the resources necessary for the overall development of the MMDAs;

Initiate programmes for the development of basic infrastructure and provide municipal works and services in the MMDAs; and

Be responsible for the development, improvement and management of human settlements and the environment.

6.1.5.1 Bye-Laws

One of the most important provisions of the law is the power of the MMDAs to make bye-laws for the purpose of the functions conferred under Act 462 or any other enactment. Most MMDAs have adopted by-laws on sanitation and waste. However, most MMDAs are still without sanitary engineered waste disposal facilities in place.

6.2 NATIONAL LABOUR, SAFETY AND HEALTH REQUIREMENTS

6.2.1 Factories, Offices and Shops Act

The Factories, Offices and Shops Act of 1970 (Act 328) mandates the Factories Inspectorate Department to register factories and ensure that internationally accepted standards of providing safety, health and welfare of


persons are adhered to. It defines a factory to include any premises (whether in or not in a building) in which one or more persons are employed in manual labour, among others.

6.2.2 Occupational Safety and Health Policy of Ghana (Draft)

The policy statement of the Occupational Safety and Health Policy (draft 2004) is: ‘to prevent accidents and injuries arising out of or linked with or occurring in the course of work, by minimizing, as far as reasonably practicable, the cause of the hazards in the working environment and, therefore, the risk to which employees and the public may be exposed’. The policy is derived from provisions of the International Labour Organization (ILO) Conventions 155 and 161. The policy document has specific sections on objectives, scope, strategies, activities and promotion and awareness creation.

6.2.3 National Workplace HIV/AIDS Policy

The broad objectives of the policy among others, are to provide protection from discrimination in the workplace to people living with HIV and AIDS; prevent HIV and AIDS spread amongst workers; and provide care, support and counselling for those infected and affected.

6.2.4 Labour Act

The purpose of the Labour Act, 2003 (Act 651) is to amend and consolidate existing laws relating to labour, employers, trade unions and industrial relations. The Act provides for the rights and duties of employers and workers; legal or illegal strike; guarantees trade unions and freedom of associations, and establishes the Labour Commission to mediate and act in respect of all labour issues. Under Part XV (Occupational Health, Safety and Environment), the Act explicitly indicates that it is the duty of an employer to ensure that every worker works under satisfactory, safe and healthy conditions.

6.3 THE GHANA SHARED GROWTH AND DEVELOPMENT AGENDA (GSGDA)

The 1992 Constitution provides a long-term national development imperative for Ghana through the Directive Principles of State Policy which requires that every Government must pursue policies that would ultimately lead to the “establishment of a just and free society”, where every Ghanaian would have the opportunity to live long, productive, and meaningful lives.

The Ghana Shared Growth and Development Agenda (GSGDA, 2010-2013), Government responds to the 1992 constitutional injunction within the context of its Better Ghana Agenda. The “Better Ghana Agenda” encompasses, but is not limited to the understated social and economic goals.

It is the belief of Government that the policies and programmes emanating from the Ghana Shared Growth and Development Agenda (GSDA) will lay the foundation to move Ghanaians closer to the long-term aspiration of a just, free and prosperous society.


6.4 THE POVERTY REDUCTION STRATEGY OF GHANA

6.4.1 GPRS I and II

The GPRS I was a comprehensive framework of policies and development strategies, programs and projects to facilitate macro-economic stability, sustainable growth and poverty reduction (2003-2005). The central goal of GPRS II (2006-2009), which built on GPRS I was to accelerate the growth of the economy to attain a middle-income status. The GPRS II emphasizes the implementation of growth-inducing policies and programs with the potential to support wealth creation and sustainable poverty reduction. The document refers to the need to apply environmental impact assessment and environmental audit to ensure that the growth arising from the GPRS is environmentally sustainable.

6.5 THE WORLD BANK REQUIREMENTS

6.5.1 The Bank’s Safeguard Policies

The Bank’s ten (10) safeguard policies are designed to help ensure that programs proposed for financing are environmentally and socially sustainable, and thus improve decision-making. The Bank’s Operational Policies (OP) is meant to ensure that operations of the Bank do not lead to adverse impacts or cause any harm. They include guidance on EA requirements.

The Safeguard Policies are lumped into Environment, Social Development and International Law. The following seven out of the ten are relevant for considerations under the Project. These are:

Environmental Assessment (OP 4.01); Natural Habitat (OP 4.04); Pest Management (OP 4.09); Indigenous Peoples (OP 4.10); Physical Cultural Resources (OP 4.11); Involuntary Resettlement (OP 4.12); Forestry (OP 4.36); Safety of Dams (OP/ 4.37); Projects in International Waterways (OP 7.50); Projects in Disputed Areas (OP 7.60); Plus Public Disclosure (OP 17.50).

6.5.2 Environmental Assessment (OP 4.01)

The OP 4.01 requires among others that screening for potential impacts is carried out early, in order to determine the level of EA to assess and mitigate potential adverse impacts. The Bank’s project screening criteria group projects into three categories:

Category A – Detailed Environmental Assessment; Category B - Initial Environmental Examination and Category C – Environmentally friendly


The EA ensures that appropriate levels of environmental and social assessment are carried out as part of project design, including public consultation process, especially for Category A and B projects. The OP 4.01 is applicable to all components of the Bank’s financed projects, even for co-financed components.

6.5.3 Involuntary Resettlement (OP 4.12)

The Policy on Involuntary Resettlement is intended to assist displaced people arising from development projects, in order not to impoverish any affected people within the area of influence of projects. An action plan that at least restores the standard of living must be instituted, in cases where resettlement is inevitable or loss of assets and impacts on livelihood occurs.

6.5.4 Forestry (OP 4.36)

The OP/BP 4.36 aims at enhancing the environmental and social contribution of forested areas, and the need to reduce deforestation. The protection of forests through the control of forest-related impact of all investment operations is a concern of the policy. It promotes the restriction of operations affecting critical forest and conservation areas, while requiring that the sector and other relevant stakeholders should be consulted as appropriate.

6.5.5 Physical Cultural Property (OP 4. 11)

The policy is premised on the need to investigate and take inventory of cultural resources likely to be affected. Mitigations are provided for in cases of adverse impacts on physical cultural resources. Mitigation measures should be undertaken in conjunction with the appropriate authorities, organizations and institutions that are also required to be consulted and involved in the management of cultural property.

6.5.6 Natural Habitats (OP 4.04)

This policy recognises that the conservation of natural habitats is essential for long-term sustainable development. The Bank, therefore, supports the protection, maintenance, and rehabilitation of natural habitats in its project financing. The Bank supports, and expects the borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development.

6.5.7 Safety of Dams (OP 4.37)

The Policy seeks to ensure that appropriate measures are taken and sufficient resources provided for the safety of dams the Bank finances. The Bank distinguishes between small and large dams, and the policy is triggered for large dams. Small dams are normally less than 15m in height; this category includes farm ponds, local silt retention dams, and low embankment tanks. For small dams, generic dam safety measures designed and supervised by experienced and competent professionals are usually adequate.


6.5.8 Indigenous People (OP 4.10)

The objective of the policy is: (i) ensure that the development process encourages full respect of dignity, human rights and cultural features of indigenous people; (ii) ensure they do not suffer from the detrimental effects during the development process; and (iii) ensure indigenous people reap economic and social advantages compatible with their culture. Measures to address issues pertaining to indigenous people must be based on the informed participation of the indigenous people themselves.

6.5.9 Bank’s Policy on Disclosure (OP 17.50)

The Bank’s policy on disclosure currently under review requires that all the people residing in the given areas of a project have the right to be informed of the proposed development project. Prior to project appraisal therefore, the summary of the study of the development action along with other relevant information should be disclosed to or at the level of the Bank and the project area.

6.6 ENVIRONMENTAL SANITATION POLICY

In 1999 the Ministry of Local Government published an Environmental Sanitation Policy. This Policy was prepared long after the NEAP. Sanitation is construed to have a broader meaning than waste. The Policy describes the objectives of environmental sanitation to include developing a clean, safe and pleasant physical environment in all human settlements, promoting the social, economic and physical well-being of all sections of the population. It comprises of various activities including the construction and maintenance of sanitary infrastructure, the provision of services, public education, community and individual action, regulation and legislation.

6.6.1 Solid Waste Management

The Policy confers primary responsibility for solid waste management on the Assemblies. However, the private sector will be invited to provide the actual services under contract or franchise, as appropriate.

The Policy lists the following as acceptable technologies for solid waste disposal: Sanitary landfill; Controlled dumping with cover; Incineration; Composting; and Recycling

6.7 INTERNATIONAL CONVENTIONS

Ghana is party to many international agreements such as: Treaty on Marine Life Conservation, 1966


The Convention on Prevention of Marine Pollution by Dumping of Waste and other Matter, 1972 Convention on the Prevention of Pollution from Ship, 1973/1978 Convention on the International Trade in Endangered Species of Wild Flora and Fauna, 1981 Law of the Sea, 1982 International Agreement on the Protection of Tropical Timber, 1994 Comprehensive Nuclear Test Ban Treaty (CTBT), 1996 Vienna Convention on the Protection of the Ozone Layer, 2001 United Nations Framework Convention on Climate Change (UNFCCC), 1994 The Convention on Biological Diversity (Biodiversity Treaty), 1993 Environmental Modification Treaty, 1997.

6.8 INSTITUTIONAL FRAMEWORK

6.8.1 Ministry of Environment, Science and Technology

The Ministry of Environment, Science and Technology (MEST) was established in 1994. Its creation was in response to a national development need to integrate environmental, scientific and technological considerations into the country’s sectoral, structural and socio-economic planning processes at all levels.

The declared mission of MEST is to establish a strong national scientific and technological base for accelerated sustainable development of the country to enhance the quality of life for all. Among other things, this will be done through the development and promotion of cost-effective use of appropriate technologies.

Among the main areas of policy thrust for MEST, are Sanitation and Waste Management (Technical Options) and Science and Technology promotion, education and acculturation.

6.8.2 Ministry of Local Government and Rural Development

The Ministry of Local Government and Rural Development (MLGRD) exists to promote the establishment and development of a vibrant and well resourced decentralized system of local government for the people of Ghana to ensure good governance and balanced rural based development.

Under the LGCSP, MLGRD will manage the disbursement of the Urban Development Grant under Component 2(a) to selected urban assemblies using the established mechanisms for the DDF, under the DDF Secretariat. The allocations and transfer of the grant will be based on the performance of urban assemblies, as measured through clearly defined and pre-specified indicators. The capacity building and technical assistance programs under Component 2(b) will be managed by the Local Government Service Secretariat (LGSS) and the Institute of Local Government Studies (ILGS) who is mandated to provide support to local governments and whose managerial and technical capacities will be strengthened.


6.8.3 Ministry of Water Resources Works and Housing

The Ministry of Water Resources, Works and Housing has as its main functions the formulation and co-ordination of policies and programmes for the systematic development of the country's infrastructure requirements in respect of Works, Housing, Water Supply and Sanitation and Hydrology. The Ministry co-ordinates and supervises, by way of monitoring and evaluation of the performance of both public and private agencies responding to and participating in the realisation of the policy objectives established for the sector.

6.8.4 Ministry of Finance and Economic Planning

The ministry of Finance and Economic Planning is the agency that manages the central government’s budget. The ongoing management of the fiscal framework for local government is a core competence of the Ministry of Finance and Economic Development (MoFEP). The Ministry has recently expressed a strong commitment to develop dedicated capacity through the decision to establish a Fiscal Decentralisation Unit within the Budget Office of the Ministry. This project component will provide support directly to the Unit to assist in its establishment and the performance of its functions. Staff costs and basic administrative overheads have already been budgeted for by the Ministry from the 2011 financial year. Simultaneously, MLGRD has established the Fiscal Decentralization Secretariat (FDS). The Fiscal Decentralization Unit will work in close collaboration with the FDS as part of rolling out its activities in particular in relation to preparation of PFM reform strategies for the five core reform areas.

6.8.5 Ministry of Roads and Highways

The Ministry of Roads and Highways is a government establishment responsible for policy formulation, monitoring and evaluation with regard to the transport sector which consists of the following:

a) Road Infrastructure sub-sectorb) Road Transport Services and Safety sub-sector.c) Road Transport Trainingd) Road Maintenance Financing

The Departments and Agencies relevant to the LGCSP that operate under the direct ambit of the Ministry are following with respect to Road Infrastructure:

Department of Feeder Roads (DFR) Department of Urban Roads (DUR)


7.07.0 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF LGCSP AND MITIGATIONPOTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF LGCSP AND MITIGATION

Description of Prospective Projects under Component 2a

Under Component 2a, the grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure and services that they have a mandate to deliver (with a simple negative list). These could be small scale civil works such as local roads, street lighting, drainage, markets, abattoirs, public toilets, sanitation, etc. The Table ES.1 below presents the list of some of the likely investments and the safeguards status (this list is not comprehensive:

Table 7.3: Status of Safeguard Work

Sub-componentinfrastructure upgrading facilities

Location ImplementationStatus of Safeguard Work (OP 4.01 and OP 4.12)ESIA RPF RAP

MMAs Construction To be done if required

Done To be done if required

MMAs Rehabilitation To be done if required

Done To be done if required

LIST OF POTENTIAL SUB-PROJECTS Construction of classroom blocks; Construction of culverts; Rehabilitation/renovation of school blocks; Mounting of electricity poles; Construction of Clinics and Community Health

Posts and Centres; Construction of maternity clinics and maternity theatres

and wards; Construction of hospitals and hospital wards; Construction of public health units; Construction of nurses quarters; Construction of laboratory blocks; Drilling of boreholes; Construction of water supply system; Mechanization of boreholes; Construction of teachers quarters; Construction of KVIPs; Construction of libraries; Construction of water closet seaters; Landscape and greenbelt development; Rehabilitation of public toilet; Construction and lining of drains; Acquisition of waste disposal sites /landfills; Expansion of lorry parks; Construction of market stalls; Construction of rest stops; Reshaping of road; Provision of streetlights; Bridge constructions; Construction of apartments for the pro-poor, etc.

7.1 POSITIVE ENVIRONMENTAL AND SOCIAL IMPACTS

The overall environmental impact of the project is expected to be positive. Significant positive impacts to the natural and socioeconomic environments will be achieved by the participating MMAs. By developing infrastructure, the capacity of the MMAs to deliver quality services will be improved. The next sections explore some of the identified prospective projects (water supply, road rehabilitation and drainage, street light and abattoir) related benefits and general positive impacts:


7.1.1 Water Supply Project

Construction and rehabilitation of water and sanitation facilities will have significant positive impacts on the health of the communities and populations in all the targeted districts,

Safe water fully available to the populations as well as their assets emanating from projects in livestock watering points and associated animal tracks (reducing or eliminating prevailing agriculturalist/pastoralist conflicts) and small scale agricultural activities and essentially improve their quality of life.

7.1.2 Urban Road Rehabilitation and Drainage Project

The road project in the Metropolitans and Municipalities will reduce cost of transportation and make transportation convenient to the people.

Good access road will translate to improved movement of goods and services; and this will enhance income generation of traders and business people.

Road rehabilitation will eliminate hazards and sufferings associated with the use of dilapidated road, including road accident.

Good road network within the Metropolitan and Municipals will enhance the economic linkages between them through its stimulation of business locations to sites near raw materials and convenience in the transportation of goods between the urban areas.

The drainage system that this project will support will amongst other things reduce the incidences of flooding and erosion along the roads.

7.1.3 Street Lighting Project

This could help in reducing the rate of crimes in the MMAs

It will reduce the rate of road accident within the MMAs at night. Street Lights within the MMAs will be critical to support meaningful economic activities during the

night time; and this will boost further the sustained economic growth of the government of Ghana.

It will improve the social and aesthetic condition of the targeted MMAs.

7.1.4 Abattoirs Project

Supporting abattoir project will not only enhance development in the abattoir market but will improve sanitation in the meat market;

This will facilitate the growth of the tannery industry.


7.1.5 Aesthetics Improvement

Many of the selected MMAs have not experience a major rehabilitation or maintenance over a very long period and are in very deplorable states. A major expected positive impact of the LGCSP is that the beneficiary MMAs will experience significant infrastructure rehabilitation which will lead to enormous aesthetic improvement.

7.1.6 Economic Benefits to MMAs

Improved road infrastructure through rehabilitation and maintenance provides such socio-economic benefits as accessibility which will significantly enhance economic prospect and integration. Lack of access has been traditionally linked to poverty in Ghana.

7.1.7 Enhanced Institutional Capacity to Support Decentralization

The Project will offer important contribution and legacy to the decentralization program by providing capacity building opportunities to the MMAs. The support to MMAs will particularly enhance community involvement in decision processes affecting their interests, gender issues and other environmental and social related activities in their immediate neighbourhoods.

7.1.8 Environmental and Social Safeguards Applied to MTDP Projects

The skills and the culture developed by the MMAs in applying Environmental and Social safeguards in the implementation of the LGCSP sub-projects are most likely to be extended to other projects from the MTDPs. This will not only help the MMAs meet the requirements of the LI 1652, but also adequately address Environmental and Social safeguards for sustainable district developments and investments.

7.2 IDENTIFICATION OF POTENTIALLY ADVERSE ENVIRONMENTAL AND SOCIAL IMPACTS,

The proposed upgrading of infrastructure works will have an impact on the environment. The potential impacts of the development are both adverse and beneficial. An assessment of the negative impacts can be classified into construction phase and post-construction phase impacts.

7.2.1 Environmental Impact Assessment

Constructional Phase Impacts

The constructional works would present negative environmental impacts. The construction phase includes the following operations: site clearing, excavation and grading, upgrading of access roads and drains, installation of utility services (electricity and water supply). These activities will have direct impact on the environment. The negative impacts are discussed and assessed below:


7.2.1.1 Loss of ornamental and shady trees:

The upgrading of access roads may on occasion require the cutting of trees and bushes. There is however no endangered species of flora and fauna on the right of way since this development are taking place within an urban environment.

7.2.1.2 Soil and Land Degradation

Access road upgrading normally involves the use of earth-moving equipment such as bulldozers and excavators. The use of earth moving equipment or machinery during the clearing of the access way will not only expose the soils but also compact the soil and break down the soil structure. This and the sealing of the road surface with tar or another petroleum-based material would potentially reduce rainwater percolation into the ground water. In addition, site-levelling activities will interfere with the natural drainage pattern and this has the potential of causing siltation of the natural drainage channel.

7.2.1.3 Visual Intrusion

The project will change the natural landscape setting or characters of the area. The clearing of vegetation, construction of roads and drains will impact on the visual amenity of nearby houses and communities or township around the area.

7.2.1.4 Air Quality

The main impact on air quality will be experienced during the construction phase. Particulates (dust) from site preparation, haulage of plant and equipment and construction materials on the untarred access road will cause deterioration in the quality of air at the site. Other sources of dust will be earthworks such as excavation and the delivery of coarse aggregates. The excessive generation of dust will have a significant impact on the health of the workers and persons living in nearly residences.

7.2.1.5 Vehicular Traffic Implication

The construction works will result in an increase in traffic volume on the roads in the area. The transport of raw materials will introduce a number of heavy trucks on the main road and this could increase the risk of motor accidents and also result in vehicular-pedestrian conflicts. These impacts are localised and regarded as short term.

7.2.1.6 Noise Levels and Ground Vibration

Minimal and intermittent noise would be generated during the construction phase of the project. The background noise levels and ground vibrations at the access roads will increase as a result of the movement of a number of tipper trucks delivering materials, heavy earthmoving equipment and the use of machinery such as concrete mixtures. The anticipated noise levels and ground vibrations will however, not have devastating effects on the


work force and immediate environment. Other inconveniences will be created to the adjoining communities during the construction stage

7.2.1.7 Constructional Wastes

The constructional activities on the access ways will produce wastes such as excavated soils and redundant materials such as broken block and pieces of wood. The haphazard collection of constructional wastes could obstruct the movement of the workers and trucks as well as affect the beauty of the estates. These wastes will therefore have to be managed at various times during the construction period.

7.2.1.8 Occupational Health and Safety

Safety of the local population and workforce may be threatened during constructional phase. The movement of trucks to and from the access roads, the operation of the various equipment and machinery and the actual construction will expose the workers to work-related accident and injuries. Pollutants such as dust and noise in the workplace environment could also have negative implications for the health of the workers.

7.2.2 Social Impacts

The Potential Negative Impacts

Social impacts may emanate from the various infrastructure services delivery activities under the LGCSP funded sub projects within the MMAs. The following are some of the potential social negative impacts:

7.2.2.1 Disruption of Utility Services

There will be interruption of utility services such as electricity and water and this will cause temporary disruption of these services. Such disruptions will be a nuisance to the affected communities in the area. As far as possible such connections would be carried out as soon as possible to reduce the inconvenience.

7.2.2.2 Displacement of families

It is possible, but unlikely, that the infrastructure upgrading will involve the permanent displacement of residents or businesses. Resettlement will more likely take the form of the occasional destruction of a room, kiosks, compound wall, steps, and little bridges over the side drains. If a sub project results in displacement, , a RAP or ARAP must be prepared by following the guidelines provided by the Resettlement Planning Framework (), with adequate advance consultation with the affected population and adequate compensation and/or reconstruction of the premises elsewhere.


7.2.2.3 Reduction in the number of rented residential accommodation

It is likely that there will be a reduction in the number of rented residential accommodation within the areas due to the conversion of residential premises into shops/stores, thus affecting the already precarious residential housing stock in the metropolis.

7.2.2.4 Dumping of solid waste and rubbish into the drains

Some unscrupulous residents will resort to anti-social practices whereby, rubbish and other solid waste matter will be dumped into open drains, to await storm waters to wash them away.

7.2.2.5 Accidents

As the condition of the roads improves, the traffic volume will increase, and some drivers tend to over speed, increasing the chance of road accidents.

7.2.2.6 Inconvenience to be caused due to delays in payment

Inconvenience, delayed payment and lower than market value payment for households whose lands are expropriated by MMAs during access road upgrading.

7.2.2.7 Restricted Access to Source of Livelihood

The population staying or working next to the construction site will be temporarily inconvenienced by restricted mobility.

7.3 MITIGATION MEASURES

Various mitigating measures are proposed below in order to ensure an efficient environmental management of the construction and sustainability of the infrastructure facilities provision. The mitigation measures are proposed for the impacts identified under both the construction and post construction phases of the project.

7.3.1 Construction Phase Impacts

7.3.1.1 Air Quality

Dust pollution will be temporal since it will be restricted mainly to the constructional phase. However, all the exposed surfaces will be watered regularly and finally tarred with bitumen in order to enhance dust suppression. Moreover, all the exposed surfaces will be paved. Besides, transportation of raw materials will be covered with tarpaulin to avoid dust blow and spills. In addition there will be speed limits for vehicles plying the road.


7.3.1.2 Noise and Vibration

To ensure that the noise generated during construction is not a nuisance to the residents of the neighbourhood, constructional activities will be restricted to the daytime. In this way, the noise generated will be confined to working machinery only and diffuse into the existing background noise. The plant and equipment that will be used at the site will also be maintained and serviced regularly in order to ensure their smooth operation so as to reduce the noise they generate. In addition, all heavy construction machinery must be equipped with appropriate and functional noise suppresser (muffler).

7.3.1.3 Constructional Waste Management

Excavated soils will be stock piled and be transported elsewhere. In addition, the sand would be used to level holes or pits created by the construction activities and landscape the area. Re-usable pieces of block will be packed and used elsewhere. In addition, the site offices and stores of the contractors will be decommissioned and the planks of wood and other materials, which could be used again, will be carted away and kept for other projects elsewhere.

7.3.1.4 Occupational Health and Safety

The health and safety of the work force must be of paramount concern. Contractors will be required to adopt extensive policies to minimise accidents and to improve the health and safety of its workers. This will be done through the provision of protective clothing. All workers on site will be provided with helmets, Wellington boots, ear plugs, nose pad and hand gloves to protect them from injuries. The use of protective clothing will be strictly enforced.

Besides the provision of protective clothing, a first-aid kit stocked with enough drugs and materials will be provided on site so that workers who unfortunately get injured or sick on the job would be given first aid. However, workers who may sustain serious injuries will be given some initial treatment and rushed to the Hospital for professional medical care.

In addition, provision for workers to include: Proper management of sanitary wastes Adequate supply of safe water Adequate protection against dust and excessive noise An education program is a component of occupational health and safety. An orientation on proper values

on safety and environmental awareness shall be inculcated among contractors and in turn among their workers.

Furthermore, there should be in addition to the above: Vehicle safety signals Speed ramps Loading and off-loading procedures Only drivers with Vehicle license and permit are to drive


7.3.1.5 Adherence to specification and Environmental Standards by Contractors

MMAs shall be responsible for the strict compliance of its contractors and sub-contractors with the highest standards of social responsibility and environmental management. Contractors shall be required to follow and incorporates environmental mitigation measures. This is the basis for monitoring by the proponent’s MMA Development Planning Subcommittee (or, where applicable, the Environment Management Committee).. The contractors shall also be responsible for the proper disposal of their wastes subject to monitoring..Generally, concerns are raised about some contractors who do not observe the proper specifications in the civil works, have no safety signs, etc. Stakeholders are interested to help monitor not only observance of commitments on social and environmental compliance as a result of the Environmental Impact Statement, but would like to be part of a mechanism that will review quality of civil works by eradicating leakage in the application and purchase of materials. Such a mechanism may be strengthened or established if none yet exists. The appropriate monitoring body should also address feedback on alleged corruption and poor implementation by contractors.

A policy may be issued whereby erring contractors may be blacklisted for using substandard specifications and for not observing environmental guidelines, provided that they shall be released only upon proper compliance.

7.3.1.6 Social Problems from Work Sites

Social problems created by migratory workers in work sites areas should be discussed by contractors, local officials and women representatives. The appropriate sanctions and enforcement mechanism, as agreed upon, shall be made known to the workers. Concern about workers transmitting sexually transmitted diseases can be addressed through worker education.

7.3.1.7 Housing and Sanitation for Non-Resident Workers

Priority shall be given to residents of those low-income areas for employment as a way to help regulate the in-flow of migrant workers. On the other hand, there shall be proper planning of worker facilities. Necessary non-resident workers shall be provided with housing facilities with adequate provisions for water and sanitation. Malaria is endemic in the MMAs. There shall be schedules for measures of the workers’ camp for mosquito control. Monitoring shall be done to ensure that solid wastes are properly disposed.

7.3.1.8 Addressing Fear of Non-Compensation

There may be homeowners, businesses, etc in proposed project areas and elsewhere who may be apprehensive about non-compensation because they do not possess building construction permits. Awareness raising activities and orientation meetingsat MMA level, carried out by the MMAs, can address undue fears and facilitate discussion on acceptable compensation packages. Details can be seen in the RPF report.

7.3.1.9 Resettlement

For sub projects that trigger a resettlement action plan (identified on the initial screening process), a resettlement action plan (RAP) and /or an Abbreviated Resettlement Action Plan (ARAP), based on the guidelines provided in


the RPF, shall be prepared to make sure that all issues are settled satisfactorily and that any compensation package for loss of livelihood, property, etc., is just and acceptable. Addressing concerns of vulnerable groups, e.g. women-headed households, the poor and landless, shall consider the following:

Provision of adequate compensation and alternative opportunities and facilities for resettlement.

Preferential access to jobs and employment, credit and other related services.

A resettlement plan that complies with World Bank requirements

7.3.2 Post Constructional Phase impacts

7.3.2.1 Support for Wood Lot and Roadside Tree Planting

MMAs can consider it an important contribution to the enhancement of the aesthetic value of the access road to support tree planting, lawns, bushes by the roadside. Support for a community-based tree-planting project for shade enhances the aesthetic of the environment. Subprojects may involve roadside planting of appropriate trees.

7.3.2.2 Management of Social Issues on Burrow Pits

Many issues both environmental and social now surround the extraction of materials in the quarrying areas for construction. Some involve non-compensation of areas that are appropriated as quarry sites. Attendant environmental concerns needs to be adequately addressed including closure plans.

7.3.2.3 Addressing Observation of Lack of Road Maintenance

Lack of road maintenance is rampant in MMAs and cost recovery schemes can help support routine maintenance while being sensitive to affordability issues for the poorest sectors. The enforcement of load limits can extend serviceable life of road. Existing arrangements for canal clearing and road maintenance may be augmented through involving local governments and populations in the routine clearing of ditches. Some canals accumulate garbage and others fill up because of sandy oil. The cleanliness of canals may be maintained in coordination with nearby neighbourhoods as a function of a cleanliness drive by local governments.

7.3.2.4 Underside Effects of Increase in Land Values

Increased land values have a positive impact on landownership. But some homeowners and business stalls along the road do not own the land but pay rent on the property. Increased rentals exert pressure on low-income families. The poor and landless shall be priority targets for assistance in appropriate components of the Community Development Plan.

7.3.2.5 Information Campaign/Public Hearing

An information campaign shall be undertaken to inform and get the feedback of the people on sub projects that trigger EMPs and RAPs, its potential impacts and proposed mitigating measures. This can be in the form of a


public hearing or meetings to inform officials, traditional and community leaders, etc. In Ghana, a public hearing is scheduled only if there are significant concerns against a project. On the other hand, meeting among stakeholders can be a management tool to inform, clarify misconceptions, give feedback on proposed mitigating measures to issues that were raised, plan for cooperative action – i.e. land use, traffic management, implementation of MMAs Development Plan, etc. These can also be occasions to firm up recommendation on a monitoring mechanism and as venues to reach consensus on outstanding issues.

Misconceptions about MMAs/Department of Urban Roads requirements for compensation without building permits may be clarified or further discussed.

The officials and representatives of the various sectors of the population shall be properly briefed on their role in the proper implementation of the Environmental Impact Assessment System in such phases as project planning, implementation, and environmental and social impact monitoring and evaluation. This is designed to increase stakeholder participation – host community, local governments, NGO, etc., role in environmental management and social development in cooperation with the proponent. This can be part of the program during a public hearing/meeting.Information dissemination shall also be done on a regular basis to communicate the result of project monitoring. Results of periodic monitoring shall also be given to the districts and localities.

7.3.2.6 Continuing Dialogues and Consultations on Resettlement

Consultations shall be conducted on site identification regarding the process of relocation, the terms of compensation and other issues relative to resettlement. The negotiation of an acceptable package and the settlement of important concerns may be settled through dialogue which shall be a continuing feature of problem solving and cooperation among Department of Urban Roads, the local government and affected and host populations.

7.3.2.7 Dissemination of Monitoring Results

Information dissemination is also done on a regular basis to communicate the result of project monitoring and evaluation. In addition to the MMPCU, results of periodic monitoring shall be submitted to the assembly, which shall be enjoined to disseminate critical information to their constituents and submit recommendations on the resolution of issues when necessary.

7.3.2.8 Environmental Information and Awareness Raising Campaign

The MMAs should educate the general public through the local media to desist from dumping rubbish and other solid waste matter into the open drains, a practice which prevents road side drains from functioning properly.


7.3.2.9 Prompt payment of Compensation

The time lag between field measurements of affected properties and preparation of compensation for the beneficiaries by the Land Valuation Board should be reduced, as work sometimes had to be suspended pending receipt of approval. Secondly, such delays tend to bring untold hardship to the affected persons (beneficiaries) and a great inconvenience to both the Contractor and the Consultants on the project.

7.4 INTEGRATION OF THE EMP

Impact mitigation, infrastructure and environmental protection can be achieved through management and monitoring programmes. This section outlines a programme that accomplishes environmental protection and monitoring, as well as contributing to governmental strengthening of institutions.

7.4.1 Environmental Management

The critical point of any infrastructure project is the implementation phase where the immediate environment could be degraded or improved upon. The negative impacts identified as of potential concern relate to the construction phase of the project. This implies that the activities of the Contractor, therefore, have a direct impact on the environment. In order to be effective, environmental management must be fully integrated with the overall project management effort, which in itself should aim at providing a high level of quality control. Environmental Management is carried out during all stages of the project planning, design and implementation.

Environmental Protection can be achieved through the effective mitigation of anticipated adverse impacts or drawbacks associated with the project and enhancement of the project benefits. To ensure that the mitigation measures proposed are well implemented, an environmental management program is recommended.

7.4.2 Objectives of Program

Environmental management deals with how mitigation measures proposed are implemented and assign the responsibility and costs, if appropriate, in its implementation. The programme has the following objectives:

Protection of the environment from potentially harmful infrastructure facility and related activities, and vice versa;

Enhancement of infrastructure facility attributes, especially with regard to integrated local development; and

Government institutional strengthening in conducting environmental protection and monitoring of infrastructure projects.

These objectives can be achieved through the following components of the environmental programme:

(a) MMPCUs will be engaged in the following:

Checking the progress of the Contractor in implementing the mitigation measures outlined in the Contract documents and ESIAreport.


Liaising with an advisory group (e.g. EPA) regarding policies, procedures, contracts and approaches for administering and monitoring environmental protection activities;

Coordinating parties involved in the impact mitigation and enhancement process, including: Contractors, Consultants, Governmental and Non-Governmental Officials at all levels, as well as the public;

Facilitating environmental monitoring and evaluation of the bio-physical and socio-economic concerns pertaining to the infrastructure facility;

Helping to administer resources designated for assistance at the local level; and Conducting studies as well as performing other project related tasks.

(b) Contractor requirements for environmental protection to be implemented during the construction phase of the project.

(c) The requirements of the Construction Supervision Consultant regarding monitoring during the period of the project, (i.e. both construction and operation phases).

7.4.3 Resources for Programme Implementation

The resources required for implementing the environmental management programme are basically personnel and finance. The key stakeholders in the environmental management activities are the members of the MMPCUs, Environemtnal Management Subcommittee the Contractor, MLGRD and the public.

7.4.3.1 Pre-Construction Phase

If the screening process of a sub project triggers a RAP, ESIAor ESMP, the following principles apply. Prior to Contractor mobilization and the commencement of construction, environmental management will cover the following:

Environmental review of the infrastructure facility to be completed Detailed ESIA including Environmental Management and Monitoring Plan which will be developed by a

consultant on the basis of a ToR agreed with the EOS at MLGRD, but contracted by the MMA. Works Department of MMAs, reparation of detailed designs which gives due consideration to

minimization of adverse impacts and benefit enhancement.

7.4.3.2 Construction Phase

Environmental management during the construction phase is essentially concerned with controlling impacts, which could result from the activities of the Contractor. This can be done through the enforcement of Contract Clauses relating to environmental protection. These clauses will not themselves, however, have any effect unless they are fully implemented and enforced.

7.4.3.3 Operation and Maintenance Phase

Some of the impacts, which are expected to occur during the operational phase, are essentially related to the design of the sub project. In this respect, the principal environmental management functions are the responsibility of the design consultant. Matters relating to routine and periodic maintenance will be the responsibility of Works


Department of MMAs who will as well be responsible for the environmental management of the infrastructure facility where relevant.

7.4.3.4 Responsibilities at MMA Level

The Project Phase

(i) Feasibility – Propose environmentally friendly project and design method. Proposed a project requiring felling of the lowest feasible number of trees.

(ii) Detailed Design – Design the project for the least negative environmental impact during the operational life of the project. Design the project for environmentally friendly construction methods. Design the project proscribing materials with the least negative environmental impact. Incorporate any feasible safety measure within the project design e.g. speed limit zones, rumble strips

and lay-bys within settlements. Design environmentally friendly projects with drainage systems.

(iii) Implementation Phase Supervise and enforce the Contractor’s performance on all environmental requirements included in

the Contractor Documents. Monitor the overall environmental impact of the project and recommend additional mitigation

measures for implementation when deemed necessary. Liaise with the local health, traffic and educational authorities to plan agreed awareness raising

campaigns.

7.4.3.5 Responsibilities of the Contractor

The Project Phase

(i) Mobilization: Ensure that all staff, including managers and foremen are well informed about all environmental issues of the project. Train all site managers and foremen in environmentally friendly construction methods. Ensure that all equipment mobilized fulfill the environmental requirements in the Contract

Documents. Establish and maintain environmentally friendly construction camps well provided with sanitary

facilities. Obtain necessary approvals for all burrow pits and quarries. Establish a spoil and waste management plan comprising all types of wastes.

(ii) Project Implementation: Apply environmentally friendly equipment and construction methods. Ensure occupational health and safety for all workers and visitors to the sites. Inform the Supervisory Engineer if the occurrence of any unforeseen negative environmental impact

should occur.


(iii) Demobilization: Ensure that all affected project areas have been properly cleaned of waste, graded and revegetated.

7.5 MONITORING

7.5.1 Construction Phase

The aim will be to assess the mitigation measures for noise, vibration, water quality, dust, air quality and public safety using visual assessment by the management and feedback from the other stakeholder.

Transportation: Equipment, motor vehicles and transport of materials and personnel shall be closely monitored to include the following activities:

Speed limits of vehicles Motor vehicles condition and maintenance Vehicle safety signals Loading and off-loading procedures Vehicle license and permit to drive, and Kit for first aid and fire extinguisher

Civil Works: The monitoring criteria should include the following: Working gear and protective clothing Noise levels Plant and equipment maintenance Concrete works Dust levels Vehicular and pedestrian safety Destruction/Disruption of Utilities Socioeconomic/Cultural Issues

Wastes: Solid and liquid wastes which will be generated will have to be disposed off accordingly. These are expected to include:

Vegetation Solid wastes Mud and top soil Liquid waste from concrete works and pumping water from excavations All wastes such as vegetation and mud will be sent to recognised dump sites or used to fill holes left

after construction of drains


7.5.2 Operation and Maintenance Phase

The monitoring plan will ensure that the negative impacts of the operation and maintenance of the upgrading of infrastructure facility are reduced to the barest minimum. This will guarantee the safety and health of the employees and the public at large. This would include:

Cleaning/de-silting of the drains or removal of wastes from the drains Monitor the regular watering of the un-tarred surface Monitor speed of vehicles and traffic loads to assess the necessity for road upgrade Repairs service pipes for water, drains and walkways Hygiene education and education on the proper use of the facilities


8.08.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)

During the implementation of LGCSP activities, potential environmental and social impacts must be considered and managed. The impacts must be mitigated, minimized or preferably avoided particularly to meet the requirements of EPA as well as the World Bank safeguards policies and Ghana national law requirements.

The objective of the ESMF is to outline the institutional arrangements relating to: (i) identification of environmental and social impacts arising from activities under the LGCSP sub-projects, (ii) the implementation of proposed mitigation measures, (iii) Capacity Building and (iv) Monitoring and Reporting.

The ESMF will be included in LGCSP Manual of Operations. The ESMF outlines mechanisms for:

Screening of proposed sub-projects, identifying potential environmental and social impacts and management of safeguard policies implications;

Institutional arrangements for implementation and capacity building

Monitoring ESMF measures implementation;

Public consultation;

The estimated costs related to the ESMF.

8.1 THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS

A screening process, selection and evaluation of LGCSP sub-projects are required to manage environmental and social aspects of these activities. The sections below show the various stages of this environmental and social screening process:

i. Screening: identify actions that have negative environmental and social impacts;

ii. Determination of environmental categories: identify appropriate mitigation measures for activities with adverse impacts;

iii. Implementation of environmental work: activities that require separate ESIA or ESMP;

iv. Review and approval of the selection.

v. Dissemination of ESIA/ESMP.

vi. Supervision and monitoring

These steps are explained in the following paragraphs and incorporate those responsible for implementing each step. The stakeholders identified and their roles are developed in detail in the chapter "Strengthening institutional capacity”.

The screening process determine which project and sub-project activities are likely to have negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into the project as appropriate and to monitor environmental parameters during the implementation of activities.


The extent of environmental assessment that might be required prior to the commencement of the projects will depend on the outcome of the screening process as per the EPA schedule 1-5. The stages of the environmental and social screening process leading to the review and approval of the LGCSP sub-project activities to be implemented are described below.

8.1.1 The Screening Process

The purpose of the screening process is to determine whether sub-projects are likely to have potential negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into the sub-projects design; to review and approve sub-projects proposals and to monitor environmental parameters during implementation. The extent of environmental and social work that might be required for the sub-projects prior to implementation will depend on the outcome of the screening process. This process should include screening for possible resettlement impacts.

Table 8.4: Structures involved in LGCSP environment and social management

Intervention level

Environmental structures Other environmental stakeholder

MMAs Metropolitan/Municipal Planning and Coordinating Unit(M/MPCU)

Metropolitan/Municipal Works Unit Regional EPA Officers (EPA)

NGO, Community

National EPA, MLGRD MWRWH, Ministry of Roads, Department of Urban Roads, Lands Commission/Land Valuation

LGCSP MLGRD Environment and Social Officer MLGRD M&E officer

Step 1 Screening of Sub-projectsThe screening process is the first step in the ESMF process. One of the objectives of the screening process is to rapidly identify those sub-projects which have little or no environmental or social issues so that they can move to implementation in accordance with pre-approved standards or codes of practices or other pre-approved guidelines for environmental and social management.

For each relevant sub-project proposal the MMA, led by the Planning Officer (PO), will carry out a screening process. The PO will complete the Environmental and Social Screening Form (Annex 1b) and submit to the MMPCU for review as part of the project package. Completion of this screening form will facilitate the identification of potential environmental and social impacts, determination of their significance, assignment of the appropriate environmental category, proposal of appropriate environmental mitigation measures, or recommend


the execution of an Environmental and Social Impact Assessment (ESIA) or an Environmental and Social Management Plan (ESMP), if necessary.

Step 2: Determination of appropriate environmental categories

Based on screening results, the appropriate environmental category for the LGCSP proposed activity will initially be determined by the PO in the screening form, the rating and screening form will be reviewed by the MMPCU and confirmed by the Statutory Planning Committee. After determining the correct environmental category based on the EPA schedules 1-5, the extent of environmental work required could be: (a) an environmental work will not be necessary and therefore a ESIA or ESMP would not be prepared, (b) An Environmental and Social Management Plan will suffice, or (c) A separate Environmental and Social Impact Assessment (ESIA)will be prepared.

The distinction between categories will be determined based on the EPA schedules 1-5 as stated in the instructions below. Table 8.2 summarizes the environmental work to be performed by classification category of activity.

Table 8.5 : Contents of Environmental Studies

Sub-project classification Environmental work to be implemented

Project requiring an environmental and / or social assessment

- Identify and assess potential environmental impacts of the subproject; - Prepare the ToR for the ESIA -ESIA prepared by a MMPCU under Urban Grant - To the ESIA by service providers; - Review and approve the ESIA.

Implement all mitigation, institutional and monitoring measures during implementation and operation of achievements to eliminate, reduce or mitigate environmental and social impacts

Project requiring no ESIA and for which common mitigation measures are sufficient

ESMP to be prepared by Planning Officer

Project has no environmental and social impacts No environmental assessment (ESIA or ESMP) is required

Step 3: Implementation of environmental and social work

Depending on the results of the determination of step 2, the following environmental work will be performed: Sub-projects for which an ESMP is required

An ESMP will incudes the potential environmental and social impacts; appropriate mitigations measures; appropriate monitoring indicator; frequency of monitoring the mitigation measures; person responsible for the task and cost implications. This determination will be made in consultation with the community and persons likely to be impacted by the sub-project’s activities.


Sub-projects for which separate Environmental and Social Impact Assessment (ESIA) is required Environmental Permits are needed for sub-projects for which ESIAs may be required as per the EPA schedule 1-5. The planning and preparation of environmental assessment tool required for sub-projects permitting are described in the table 8.3 below. The MMPCU/MMA will undertake the preparation of the ESIA using the urban grants.

The ESIA will identify and evaluate potential environmental and social impacts for the proposed activities, evaluate alternatives, and design mitigation measures. The preparation of the ESIA will be done in consultation with stakeholders, including people who may be affected. Public consultations are critical in preparing a proposal for the activities of the LGCSP likely to have impacts on the environment and population. The public consultations should identify key issues and determine how the concerns of all parties will be addressed in the ESIA. When an ESIA is necessary, the administrative process enacted by the EPA will be followed and executed.

Table 8.6: Procedures for ESIA

Procedures for sub-projects requiring an ESIA

First step: Preparation of Terms of Reference The results of identification, and extent of the ESIA (scoping), the terms of reference will be prepared by the MMA.Second step: Tasking of Planning Officer to prepare ESIA Third stage: Preparation of the ESIA with public consultation The report will follow the following format:

Description of the study area Description of the subproject Discussion and evaluation of alternatives Environment description Legal and regulatory Identifying potential impacts of proposed sub-projects Process of public consultations Development of mitigation measures and a monitoring plan, including estimates of costs and

responsibility for implementation of surveillance and monitoring Step Four: Review and approval of the ESIA for the sub-project; Publication / Dissemination of ESIA

Step 4: Review and approval of ESIA

The MPCU submits the final draft ESIA to EPA. The report is reviewed by the ESO at MLGRD and by the EPA.Copies of the ESIA are placed at vantage points including the EPA Library, relevant MMA, EPA Regional Offices. EPA serves a 21-day public notice in the national and local newspapers about the ESIA publication and its availability for public comments.

Step 5: Public Hearing and Environmental Permitting Decision (EPD)

Public Hearing


Regulation 17 of the LI 1652 specifies three conditions that must trigger the holding of a public hearing on a project by the Agency. These are:

Where a notice issued under regulation 16 results in great public reaction to the commencement of the proposed undertaking;

Where the undertaking will involve the dislocation, relocation or resettlement of communities and

Where the Agency considers that, the undertaking could have extensive and far -reaching effects on the environment.

Where a public hearing is held, the processing of an application may extend beyond the prescribed timelines required for EPA’s actions and decision-making.

Environmental Permitting Decision (EPD)

Where the draft ESIA is found acceptable, the proponent (MMA) is notified to finalise the report and submit eight hard copies and an electronic copy. Following submission to EPA, the proponent shall be issued an Environmental Permit within 15 working days and issue gazette notices.

Where the undertaking is approved, the proponent shall pay processing and permitting fees prior to collection of the permit. The fees are determined based on the Environmental Assessment Fees Regulations, 2002, LI 1703.

Step 6: Environmental Monitoring

Environmental monitoring of LGCSP activities will be conducted under the project general system of monitoring. It will be done at two levels:

Performance monitoring at central level: At central level, the LGCSP will involve MLGRD.

Implementation of monitoring at local level /MMAs: At the MMAs level, monitoring will be conducted by the MMPCU and Regional EPAs. In circumstances where the sub-project triggers an ESIA, RAP, or ARAP the monitoring will be escalated to the Environmental and Social Officer (ESO) at MLGRD.

Step 7: Development of Monitoring Indicators

Monitoring measures will focus on key indicators to be defined considering both the positive and negative impacts of the projects. The monitoring indicators will be parameters which will provide quantitative and / or qualitative information on the direct and indirect impacts of the LGCSP environmental and social benefits. The choice of indicators will be guided by the characteristics of relevance, reliability, usefulness and measurability. To evaluate the effectiveness of mitigation measures of LGCSP activities impacts, we propose to use the indicators listed in the table below. Environmental guidelines for firms serve as indicators.


Oversight for the environmental and social management process of the sub-projects will be assured by the MMPCUs. The environmental monitoring and supervision program for the implementation of the LGCSP will serve as an integral part of the operational activities of MLGRD and will generate the requisite information for environmental management and environmental information dissemination.

The following monitoring indicators are proposed for assessing the efficiency of the mitigation measures: Safe waste management related to construction works Compliance with the MWRWH/EPA Environmental Guidelines for Contractors Best practice in the implementation of project activities.

Step 8: Reporting

Safeguards reporting will be bi-annually from MMAs-MLGRD for onward submission to World Bank for review.

Table 8.7: Process monitoring indicators of ESMF Measures

Measures Intervention field Indicators

Technical measures (studies)

-Conducting Environmental Assessments reports (ESIA and ESMP) and ARAP and/or RAPs -Develop a health and safety plan

-Develop the TOR -Number of ESIAs/ESMPs/RAPs/ARAPs/ Health Safety Plans submitted for each sub-project in a MMDA-Number of study elaborated

Measures for monitoring and evaluating projects

Perform monitoring and evaluation ESMF (continuous monitoring, mid-term and annual assessment)

-List of indicators identified for all sub-projects as may stipulated under the environmental permitting conditions -Number of monitoring missions for all sub-projects-Number of monitoring reports submitted for all sub-projects

Institutional measures

Recruit an Environment and Social Officer support the LGCSP in the MLGRD

Development of a TOR for the ESO-ESO is operational-ESO reports semi-annually to World Bank updating on status of projects, if any are triggering safeguards

Awareness and structured Training for staff of MLGRD and MMAs working on the LGCSP

-Number of EA trainings conducted for staff per region-number of attendance (male/female) at EA trainings-Number of awareness trainings conducted before, during and after project implementation in each region-Number of staff tin attendance at the awareness trainings (Male/Female)

Awareness

Awareness about HIV / AIDS Communication campaign and awareness before, during and after construction

-Number of sub-project sites with adequate posters


Table 8.8: Indicators and monitoring mechanism of environmental and social issues

Elements of monitoring and indicator

Methods and devices for monitoring Responsible Period

WaterPollution

- Follow up of procedures and facilities for the disposal of liquid wastes

- Monitoring of groundwater and surface water around project site

- Monitoring surface water using activities

MMPCUs and Regional EPAs

Start, mid-term and end of rehabilitation / construction activitiesoperating infrastructure

Soils Erosion / gulling Pollution / degradation

- Visual assessment for soil erosion - Availability of approved applications to open

career- Availability of career opening statements - Verification of suitable measures for the

management of lubricants / Diesel/ used oils


Start, mid-term and end of activities

Vegetation / Wildlife

Degradation rate of reforestation

- Visual assessment of reforestation / plantation measures

- Controls on clearing - Control and monitoring of sensitive areas - Control of attacks on wildlife

Forest Commission/Parks and Gardens


Humanenvironment

Hygiene and health Pollution and nuisances

Safety in construction sites

- Hiring local labor priority - Respect the heritage and sacred sites - Monitoring the level of noise at construction

site- Follow-up measures to reduce dust - Verification of the use of landfill sites

licensed for construction waste- Truck noise



Verification: - Of disease vectors presence and the onset of

diseases related to work - Diseases associated with various projects

(HIV / AIDS, etc..)- Respect of hygiene measures on the site - Monitoring management practices of

biomedical waste (whole chain)- Existence of biomedical waste management

plan and necessary equipment - -Existence of health and safety plan



operating infrastructure

Verification: - Availability of safety guides in case of

accident- Availability of appropriate signage - Compliance with traffic regulation- Respect the speed limit- Appropriate protective equipment wearing

Works Department of MMPCUs/Regional EPAs

Monthly


8.1.2 Responsibilities for the Implementation of the Screening Process

The ESMF will be implemented by MPCUs of the MMAs with oversight provided by the Development Planning Subcommittee of the Assemblies. Table 8.6 provides a summary of the stages and institutional responsibilities for the screening, preparation, assessment, approval and implementation of the LGCSP activities.

The extent of environmental assessment that might be required prior to the commencement of the sub-projects will depend on the outcome of the screening process. The key stages of the environmental and social screening process leading to the review and approval of the LGCSP activities to be implemented are described below:

Table 8.9: Summarised Environmental Screening Process and Responsibilities

Stage Management responsibility

Implementation responsibility

1. Screening Environmental and Social Infrastructure Project and public consultation

MMA MMPCU Planning Officer1

2. Determination of appropriate environmental categories2.1 Classification of Project by EPA schedule1-5Review of screening and determination of Environmental assessment tool to be prepared

MMA EPA, MMPCU and Planning Officer

3. Preparation of required environmental assessment tool as per the EPA environnemental assessment procedures

MMA MMPCU and Planning Officer in the MMAs,

3-1. If ESIA is necessary

3.1.a Preparation of ToR MMA ESO and MMPCU

3.1 b Preparation of the ESIA, Public ConsultationIntegration of environmental and social management plan issues in the tendering and project implementation,

MMA MMPCU and Planning Officer

4 Review and Approval4.1 ESIA Approval (B1) EPA EPA, ESO, World Bank4.2 Approval simple measures where ESIA is not required MMA MMPCU and Planning Officer5. Public Consultation and disclosure MLGRD/EPA MMPCU and Planning Officer

6. Surveillance and monitoring MMAs/EPA MMPCU and Planning Officer

7 Development of monitoring indicators for ESIA as may be stipulated under tbe environmental permitting conditions.

MMA MMPCU and Planning Officer

8.2 MITIGATION MEASURES

8.2.1 General mitigation measures

Environmental mitigation consists of measures that can reduce the negative environmental impacts associated with implementation (construction, expansion, rehabilitation etc) of the project. Mitigation measures have been

1 If necessary, the MPCU can assign a designated, capable officer to carry out the screening process if MPCU sees that need. However, the planning officer will still be the final signatory to the screening format.


identified that would reduce both existing and potential impacts associated with LGCSP activities. Potential impacts and the mitigation measures are identified in Table 8.7.

Tables 8.7 and 8.8 below indicate the areas to which the potential impact applies. In addition, mitigation measures are identified as either social or physical measures. Social mitigation includes the measures used to mitigate effects such as noise and other effects to the human environment. Physical mitigation includes measures that address impacts to the physical environment, such as vegetation, air quality, and others. The measures serve as the basis for the cost estimates.

Design Measures

The quantities, specifications and estimated costs of design measures to avoid or mitigate negative impacts will be assessed by the civil design contractor and incorporated into the bidding documents. The contractor will execute all required works and will be reimbursed through pay items in the bill of quantities, which will be financed by the project.

Table 8.10: General mitigation measures

Measures Proposed actions

Technical measures- ESIA / ESMP/RAP/ARAP Studies

Construction and operational measures

- Conduct a communication campaign and advocacy before construction work- Ensure compliance with hygiene and security in facilities sites - Undertake the marking of site under construction site- Use the local workforce as a priority- Ensure adherence to safety rules at work - Ensure the collection and disposal of waste arising from work- Provide the project accompanying measures (connection to water networks, electricity and

sanitation, equipment, program management and maintenance)- Conduct awareness campaigns on HIV / AIDS - Engage closely MLGRD services in monitoring the implementation- Rehabilitate quarries and other sites for loans- Respect of protected species including trees- Management of Environmental and Health Hazards.


8.2.2 Specific construction impacts mitigation measures

Table 8.11: Summary of Environmental Mitigation Measures

Potential Impacts Recommended Mitigation MeasuresPhysicalLand Use Visual impact following the disposal of construction and demolition

waste onto roadsides Regular collection and evacuation of work site refuse towards authorized

dumps Involvement of the Local Government Authorities and Communities in

the selection of discharge sitesNoise Employees and communities exposed to high noise level Disturbance of healthcare activities during construction works

Installation of sound insulation. Schedule work periods to avoid peak hours

Air Quality Emission of pollutants from mobile (vehicles) and stationary (mixers, etc)

sources. Air pollution from burning of demolition wastes e.g. wood, paper etc

Introduction of dust reduction measures in construction sites Safety measures put in place

Soil Point source contamination from diesel, lubricants etc around workshop

areas. Increased soil erosion due to vegetation clearing , soil trampling and

compaction Increased rapid runoff due to vegetation clearing and soil compaction

diminishing infiltration capacity Deterioration of soil characteristics due to increased erosion

Appropriate containment measures for all operational areas and proper disposal of used lubricants.

Soil erosion control measures (e.g. reforestation, reseeding of grasses, land preparation, terracing etc)

Water Quality Potential pollution of surface and ground water though runoff of

pollutants e.g. lubricating oil, diesel fuel etc from workshop areas etc Water pollution due to seepage from tanks (diesel, sanitary wastes etc) Lack of water for sanitation or toilet facilities Heavy water usage resulting in reduction of surface and groundwater

sources

Appropriate containment measures for all operational areas and proper disposal of used lubrication oil.

Work sites Installed far from waterways Regular collection of work sites wastes for proper disposal Liquid waste discharged at designated outfalls after effluent treatment to

protect water resources


Regular emptying of on-site latrines and toilets Biological Resources Vegetation Vegetation clearing resulting in loss of valuable habitat, species diversity

and population levels. Impacts on protected areas; critical habitats for rare species or of ecologic

or domestic importance.

No siting and excavations in sensitive habitat Careful planning and selection of sites Forests and cultural heritage sites protection enforced.

Wetlands Expansion and new construction encroaching on the wetland and directly

impact wetland plant communities. Preservation, restoration, and enhancement of existing wetland. Sensitive and critical habitats avoided

Solid/Hazardous Waste Management Solid waste generated from demolition and construction activities

containing potentially hazardous materials (e.g. asbestos). Waste generation during building works piling on the roadside

Quick sorting, collection and disposal of waste removed from the sites in accordance with applicable regulations.

SocialHealth and Safety Risks of road accidents during work Contamination risk by HIV from the labour force.

Conduct an awareness raising campaign for the work sites staff and the users of infrastructure under construction/rehabilitation

Conduct awareness raising campaigns on HIV/AIDSLand Use Involuntary displacement of populations or economic activities Changes of existing uses within affected communities.

Acquisition and relocation should occur in accordance with appropriate regulations including World Bank OP/BP 4.12 Involuntary Resettlement.

Avoid facilities in areas that will need resettlement, the displacement; or the encroachment on historic, cultural or traditional use areas


8.3 RESPONSIBILITY AND INSTITUTIONAL ARRANGEMENT FOR IMPLEMENTATION AND MONITORING

MLGRD will be the lead implementing agency for the LGCSP on the whole. The Planning, Budgeting, Monitoring and Evaluation (PBME) Department is the entity designated by MLGRD to manage the project. PBME will also supervise the implementation of the RPF by the MMAs. MLGRD will be responsible for (i) supporting MMAs in preparing TORs for the ESIA/ESMP and RAP/ARAP (ii) supporting MMAs in ensuring the contractors comply with the recommendations the environmental and social assessments and environmental and social management clauses (inserted into the contract) during construction phase.

Ghana Environmental Protection Agency (EPA) will be responsible for providing overall quality control through the review and clearance of the ESIAs/ESMPs and RAPs/ARAPs and validating the Environmental Audit Reports (EAR) to be prepared at the completion of works by the contractors. EPA will also assist in enforcing compliance with World Bank safeguards policies and monitor the implementation of the ESMPs. The EPA will also support the MMAs in coordinating safeguards activities.

Safeguards management should be anchored in the Metropolitan and Municipal Planning Coordination Unit (MMPCU) of the MMA, with oversight provided by the Development Planning Subcommittee of the Assembly. IF an Environment Management Committee exists (which is usually not the case), the MMA should use that for the screening process of all projects financed by the UDG as part of the annual planning and budget cycle. The main focal person and overall responsible person will be the Planning Officer (PO) of the MMA. For monitoring purposes projects that trigger an ESIA or ESMP and RAP or ARAP, be escalated to the Environmental and Social Officer (ESO) at MLGRD.

The Ministry (MLGRD) will recruit Environmental and Social Officer2 (ESO). The ESO attached to MLGRD will be responsible for the implementation of the ESIA or ESMP and the RAP or ARAP in close collaboration with the EPA and MMAs. The ESO’s main task will be to analyze screening document, participate in ESIA or ESMP reviews, monitoring activities of mitigation measures implementation and acts as the interlocutor of the LGCSP at MLGRD and MMAs (Planning Officers and Environmental Health Officers). The ESO will also be accountable in the development of environmental and social guidelines to be included in tender documents; training in environmental and social assessment, monitoring and evaluation of MMAs. Other responsibilities of the ESO shall include:

Coordination with MPCUs, liaison with and monitoring of the contractors; Compilation and preparation of periodic environmental and social impacts reports for submission to the

World Bank; Review of ESIA reports from consultants in collaboration with EPA and MLGRD; Facilitating the disclosure of ESIAs/ESMPs and RAPs/ARAPs in-country and with the World Bank Infoshop; Data management; and Sub-project inspections and monitoring

To ensure effective implementation of the provisions of the ESMF and the RPF on the ground at the MMA levels, the key stakeholders (members of the MPCU, including the Planning Officer) will be trained in environmental and social safeguards.2 The Environmental and Social Officer will be responsible for the implementation of both the ESMF and RPF provisions.

FINAL ESMF of LGCSP for MLGRD, Ghana, January, 2011 51

The MPCU of the MMA will liaise with the ESO to be engaged at MLGRD under the LGCSP to ensure effective implementation.

Management of environmental and social safeguards under LGCSP is anchored under MLGRD as the lead implementing agency with responsibility for management and ensuring compliance with ESMF, with the MMAs playing a key role in screening, reviewing and monitoring projects at the MMA level. Below are summarized the tasks assigned to different institutions in the screening process, monitoring and evaluation of mitigating measures implementation.

Key recommendations for LGCSP institutional strengthening to meet the needs of the ESMF are as presented in the summary of institutional responsibilities of the table 8.10.

Table 8.12: Institutions responsible for implementation of ESMF

Measures Areas of interventionStructures Responsible

Execution Oversight

Mitigation measures

Mitigation of negative impacts of construction and rehabilitation (environmental monitoring)

Firms and MMAs Planning Sub-committee

Technical measures

Conducting Environmental Assessments (ESIA and ESMP) MMPCUs

Planning Sub-committee

Environmental Assessments implementation (permanent, at mid-term and final)

MMPCUs Planning Sub-committee

Training

Subprojects environmental and social assessment,

Monitoring and enforcement of environmental and social measures


AwarenessCommunication campaign and awareness before, during and after construction (HIV) (optional)



- Policy Studies- Guidelines- Templates

- Urban Grant Management- Capacity Support Fund ManagementRegional TA advisers - Training module development- Quality Assurance- Evaluations

- Training Workshops, etc. - Social Audit- Media Network- Local Government Review

- Policy Studies- TA, training - Project Management

MMA Level

Receive TA/training Services Engagement of Civil SocietyGrants Capacity Support Funds

Sub-district Structures Engagement of Civil Society

Review of TORs, Contracts, Applications

Figure 8.1: GHANA LGCSP Institutional Arrangements

DRAFT ESFINAL ESMFF of LGCSP for MLGRD, Ghana, January, 2011

53

MOFEP DDF Secretariat LGSS MLGRD Social Accountability

Team

MLGRD Depts

ILGS

Ministry of Local Government and Rural DevelopmentPBME Department

Component 1 Component 2 Component 3 Component 4

Table 8.13: Institutional arrangements for ESMF implementationINSTITUTIONAL MEASURES Proposed actions Responsible Means and scheduleEnvironmental and Social Officer’s Recruitment

Head of the Planning, Budgeting, Monitoring and Evaluation Department of MLGRD

At the start of project implementation

Orientation of MPCUs within the MMAs

MLGRD/MMAs As part of UDG orientation and safeguards orientation

Figure 8.2: ESMP Implementation Arrangement

8.4 CAPACITY STRENGTHENING FOR ESMP IMPLEMENTATION

In order for the MMAs to effectively carry out the environmental and social management responsibilities for sub-project implementation, institutional strengthening will be required. Capacity building will encompass MLGRD, and MMA staff. MLGRD should therefore ensure that institutional structuring within the relevant departments to ensure that required professional and other technical staffs are available.

To successfully implement this ESMF, training programmes for MLGRD and MMAs is necessary. Proposed capacity building training needs are as follows:- Environmental and Social Management Process.- Use of Screening form and Checklist - Preparation of terms of reference for carrying out appropriate EA instrument (ESIA/ESMP/RAP/ARAP)- Design of appropriate mitigation measures.


World Bank

MLGRD

MMAsOversight by Planning sub-

committees

MMPCUsSafeguards Management

ESO in LGCSP of MLGRD

-

- Review monitoring reports to ensure regulatory compliance

- Review and approval of EA reports (ESIA/ESMP/RAP/ARAP)- Public consultations in the EA process.- Monitoring mitigation measures for in the ESIA/ESMPs - Integrating ESMP into sub-projects cycle.

The proposed capacity building program will be carried out annually during the project. .

8.4.1 Capacity Building Program and Awareness

The effectiveness of environmental and social issues consideration in the implementation of activities goes particularly through training of MLGRD key actors on validation, monitoring, implementation of identified mitigation measures. The training activities target: MLGRD Staff working on the LGCSP, MPCUs, construction companies, operating agents.

Training modules will be determined and prepared by consultants specializing in environmental assessment under ESO/MLGRD’s supervision. Topics will be centred around: (i) environmental and social issues of infrastructure projects and environmental assessment procedures, (ii) hygiene and safety, requirements of national legislation, World Bank safeguards requirements, environmental monitoring of construction sites.

The training aims to enhance their competence in environmental assessment, environmental control of work and environmental monitoring so they can play their roles more effectively in the implementation of subprojects. The training schedule is shown in the table 8.11 below.

Table 8.14: Training Schedule

Participants Duration Period

- MLGRD Staff, MMAs/MPCUs 3 days training workshop1st quarter First Project Year

8.4.2 Technical strengthen measures

The technical measures include:

- A provision for conducting any Environmental and Social Impact Assessment (ESIA)

Environmental Assessments could be required for activities in accordance with the EPA schedules classifications to ensure they are sustainable environmentally and socially. If the environmental classification of activities indicates the need to conduct ESIA/ESMP and specific RAPs/ARAPs plans where involuntary resettlement is triggered the MMAs will be required to fund these out of the Urban Development Grant..,

- Inclusion of environmental and social guidelines in the Operational Manual

An environmental and social procedure manual with social and environmental provisions will be included in the Operational Manual of the Urban Grant.


- LGCSP Monitoring and evaluation activities

The monitoring program will focus on continuous monitoring, supervision, mid-term and annual evaluation. Support provided in the budget is needed for local monitoring to be conducted by ESO.

8.5 ESMF IMPLEMENTATION SCHEDULE

Timetable for implementation and monitoring of LGCSP environmental activities will be as presented in table 8.12.

Table 8.15: Timetable for implementation and monitoring of environmental activities

Measures Proposed actions Implementation period in the project cycle


ESO’s Recruitment Before sub-projects implementation

Screening of sub-projects designs and activities by Planning Officers using the screening form Before sub-projects implementation

Reviews of screening forms for sub-projects by MMPCU Before sub-projects implementation

Technical measures

Development of ESIAs/ESMPs for certain sub-projects andRAPs/ARAPs for sub-projects that may cause displacement

After screening of specific activities at a site

Development health and safety plan (construction companies)

After signing the contract by company

Mitigation measures

A table showing the potential environmental and social impacts; appropriate mitigation measures, monitoring indicators, persons responsible and costs implications attached to them for each sub-project

Before subprojects implementation

Training Training of Environmental Assessment implementing actors in environmental and social assessments

1st quarter First project year

Follow-up ActionProject Environmental Monitoring

Close monitoring During the implementation of the LGCSP

Supervision Every month

Environmental and Social Assessment Evaluation At mid-term End of LGCSP

8.6 ESTIMATED BUDGET

The budget needed for ESMP / LGCSP environmental and social management is the recapitulation of the following:

- Institutional development activities - Training program, awareness - Allowances for the preparation / implementation of sub-projects ESIA / ESMP/RAPs/ARAPs. (The costs

of implementing such plans measures are included in the budgets of sub-projects.)- Annual assessments.


The costs of environmental measures as well as training and awareness are summarized in tables 8.13, 8.14 and 8.15 below. We believe that under the LGCSP Category B project, two sub-projects will be classified as category B1 and therefore will require the development of ESIA.

Table 8.16: Estimated costs of technical measures

Activity Quantity Unit cost($US)

Total cost($US)

ESIA/ESMP/RAP/ARAP development at MMA level and to be integrated into projects budget

To be determined later at MMA



Supervision and permanent monitoring at MMAs level by MPCUs, Planning officers Quarterly

Normal MMA Budget

Normal MMA Budget

Table 8.17: Training and awareness measures costs

Actors involved Topics Quantity Unit cost($US)

Total cost($US)

Training

MMAs(Training of members of MMPCU at MMA level, including Planning Officer, and other designated officers

- Training on Environmental and Social Assessment (screening and classification of activities, identification of impacts, mitigation options and indicators)

- Involuntary Resettlement Issues- Drafting ToR for ESIA- Selection of mitigation measures in the

checklists - Legislation and national environmental

procedures- Safeguard Policy World Bank- Impact of sub-projects and mitigation

measures- Environmental measures monitoring- health and safety standards monitoringSafety and hygiene at work and operation

4 workshops per year Y1-Y5 of the project covierng all 46s MMAs

7,000 140,000

Awareness

- Commuities- Local

associations and NGOs

- Reps of construction companies

- Public awareness and advocacy on projects environmental and social issues, good environmental practices, good conduct in the yards, respect for hygiene and safety, compliance with development standards

- Awareness Campaign HIV / AIDS

2Normal MMA Budget

Normal MMA Budget

TOTAL 140,000


Table 8.18: Summarized estimated budget for Environmental and Social Impact Management

Measures Actions Responsible Costs USD


Recruitment of ESO at MLGRD LevelMLGRD 195,000

Technical measures

Perform ESMP monitoring and evaluation (continuous monitoring, mid-term and annual assessment)ESIAs / RAP developmentHealth and safety Plans developmentSupervision and Monitoring

MMAMLGRD

Covered by normal MMA

Budgets

Covered by ESO

Monitoring and Evaluation

Budget

Training Training of MMA staff in projects environmental and social management and monitoring and enforcement of environmental measures

MLGRD

Covered under training above

Awareness - Information and awareness campaigns on the nature of

work, environmental and social issues- Awareness on HIV / AIDS

MMANormal MMA Budget

TOTAL 195,000

The total estimated budget for Implementation of ESMF and RPF are as follows:

Table 8.16: Cost Breakdown for ESMF ImplementationS/No Task Cost ($) Comment1 Salary and travel costs for Environmental and Social Officer at

MLGRD (including regular monitoring visits)195,000 Total duration of Project –

6 years

2 Orientation and training of MMAs in environmental and social safeguards

140,000. Duration of Project

3 Assessments of project implementation for compliance to ESMF and RPF recommendations at MMA levels covering two (2) visits

80,000 2013 and 2015

4 Conduct sub-project ESIAs/ESMPs/RAPs/ARAPs before project implementation

Nil The cost will be borne by MMAs using urban grants

Total Estimated Costs 415,000

THE TOTAL ESTIMATED COST FOR THE IMPLEMENTATION OF THE ESMF AND RPF IS FOUR HUNDRED AND FIFTEEN THOUSAND US DOLLARS ($415,000)


8.7 ESMF/ ESMP DISSEMINATION

Under the approach advocated by the World Bank, environmental assessments are not only an expert analysis, but part of a participatory process involving all stakeholders in the project.

The various stakeholders must be :(i) viewed as sources of information and points of view and different interests; (ii) systematically informed of the findings and progress of the project (through a communication plan), and iii) loans at any time to make their voices heard by decision makers.

To do this, an information system and public communication must be established early of subproject assessment. The system also includes a provision of formal public reports, once the assessments are completed. The OP 4.01 outlines the requirements for consultation and dissemination of environmental assessments in accordance with the policy of dissemination of the World Bank (BP 17.50).

The ESMF document has been disclosed in-country by advertising it in two newspapers and stating the locations where the copies could be found for review for 21 working days and at the World Bank’s Infoshop for 60 days according to the Public Disclosure Policy (OP 17.50). The ESIA/ESMP of sub-projects will also be disclosed in country and at the World Bank’s Infoshop.


9.09.0 REFERENCESREFERENCES

Ghana Shared Growth and Development Agenda(GSGDA) (2010-2013)

Ghana Poverty Reduction Strategy Paper (GPRS I & II)

Project Appraisal Document (PAD) for LGCSP

Republic of Ghana (2003): Labour Act, 2003 (Act 651)

Republic of Ghana (1994): Environmental Protection Agency Act, 1994 (Act 490)

Republic of Ghana (1999): Environmental Assessment Regulations 1999 (LI 1652)

Republic of Ghana (2002): Environmental Assessment (Amendment) Regulations, 2002 (LI 1703)

Environmental and Social Analysis for the Second Urban Environmental Sanitation Project (UESP II),

Ghana, 2003

Handbook for Preparing a Resettlement Action Plan, International Finance Corporation Ghana: LGCSP Preparation Mission, Aide Memoire, December 6-17, 2010 State Land Act 1963

FINAL DRAFT ESMF of LGCSP for MLGRD, Ghana, January, 2011 60

10.010.0 ANNEXESANNEXES

ANNEX 1A: ENVIRONMENTAL AND SOCIAL SCREENING (ESS) OF SUB-PROJECTS

This stage marks the beginning of the ESIA or ESMP process, which should be initiated as early as possible along with the sub-project planning process after the sub-project is conceived. During this stage, the important functions that need to be performed are:

i. Establish the likely study area by identifying broad boundaries for the sub-project;

ii. Make a preliminary assessment of the significance of potential environmental impacts, and likely mitigating measures;

iii. Identify possible alternatives and the major potential environmental impacts associated with each, as well as the likely corresponding mitigation measures;

iv. Estimate the extent and scope of ESIA to be performed, and offer an initial recommendation as to whether a full ESIA is required;

v. Estimate the time frame of the ESIA study;

vi. Identify the expertise and human resources needed for the ESIA study; and

vii. Prepare the terms of reference for the conduct of an initial environmental examination.

The value of conducting environmental and social screening at the early conception and planning phase of a development project is to provide useful technical input to the project team for their planning and budgeting, thereby eliminating the possibility of costly remedial environmental work and delays caused by problems with adverse environmental damage. Such early input on environmental considerations also provides useful information that helps the project team to gain government approval and win public acceptance.

The environmental and social screening process considers the following aspects in the recommendation: project type, environmental and social setting, and magnitude and significance of potential environmental and social impacts. Some of the typical questions asked in the environmental and social screening process are outlined in the figure in the next page below.


Figure 10.3: Typical Environmental Screening Procedure


ANNEX 1B: STANDARD FORMAT FOR SCREENING REPORT

1.0 Description of Sub-Project

1.1 Nature of Sub-Project and Duration…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

1.2 Scope of Sub-Project [Size of labour force, area covered or length &width of road, type of raw materials (quantities and sources), types of equipment, implements, machinery, etc.]

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

1.3 Waste Generationi. Types: Solid □ Liquid □ Gaseous □ Other ………………………………..ii. Quantity: …………………………………………………………………………………..iii. Means/Place of Disposal: ………………………………………………………………….

2.0 Proposed Site for Sub-Project

2.1 Location [attach a site plan or a map (if available)]

i. Location or Area (and nearest Town(s)): …..……………………….……………………

ii. Land take (total area for sub-project and related activities): …………………………………

2.2 Land Use of the Area for the Sub-Project:Agriculture □ Residential □ Existing Dugout □Existing Road □ Reservation □ Park/Recreation □Industrial □ Other (specify) □

2.3 Site Description [Attach photographs and sketches showing distances]

i. Distance from nearest water body or drainage channel (minimum distance measured from the edge of proposed site to the bank of the water body or drain).

More than 100 meters □ 100 meters □ Less than 100 meters □

ii. Number of water bodies and/or drainage channels/depressions crossed by the route/road corridor:……………………………………………………………………………………………..

iii. Distance to nearest community (house) and/or other existing structures from the proposed site:…………………………………………………………………………………………………

iv. Number of communities (structures) along the entire stretch of the Sub-project road:…………………………………………………………………….……………………………

2.4 Land Cover and Topographyi. Land cover of the site consists (completely or partly or noticeably) of:

Vegetation □ Sparse Vegetation □ Physical Structure(s) □Flood Plane □ Agriculture (Animals) □ Cultural Resource □


Water □ Agriculture (Crops) □ Other specify………ii. Elevation and topography of the area for the Sub-Project:

Flat □ Valley □ Slope □ Undulating □Hill □ Mountain □ Depression □

iii. Elevation and topography of the adjoining areas (within 500 meters radius of the site):

Flat □ Valley □ Slope □ Undulating □Hill □ Mountain □ Depression □

3.0 Infrastructure

i. The Sub-project would be developed in/on: Undeveloped site □ Partly developed site □ Existing route □ Other (specify)

………………………ii. The Sub-project would involve excavation Yes □ No □iii. Estimated number and depth of the excavations, etc): ………………………………………………vi. Are any of the following located on-site or within 50 metres from the edge of the proposed site?

Water supply source Yes □ No □Pipeline Yes □ No □Power supply source (electric pylon) Yes □ No □Drainage Yes □ No □Other(s) specify: …………………………………………….

4.0 Environmental and Social Impacts

4.1 Air Quality - Would the proposed Sub-project:i. Emit during construction

Dust □ Smoke □ VOCs □ii Expose workers or the public to substantial emissions? Yes □ No □iii. Result in cumulatively increased emissions in the area? Yes □ No □vi. Create objectionable odour affecting people? Yes □ No □

4.2 Biological Resources - Would the proposed Sub-project:

i. Have adverse effect on any reserved area? Yes □ No □ii. Have adverse effect on wetland areas through removal, filling, hydrological

interruption or other means?Yes □ No □

iii. Interfere substantially with the movement of any wildlife species or organisms? Yes □ No □vi. Be located within 100m from an Environmentally Sensitive Area? Yes □ No □

4.3 Cultural Resources - Would the proposed Sub-project:i. Disturb any burial grounds or cemeteries? Yes □ No □ii. Cause substantial adverse effect on any archeological or historic site? Yes □ No □iii. Alter the existing visual character of the area and surroundings, including trees and rock

outcrops?Yes □ No □

4.4 Water Quality and Hydrology - Would the proposed Sub-project:i. Generate and discharge during construction:

Liquid waste □ Liquid with oily substance □Liquid with human or animal waste □ Liquid with chemical substance □Liquid with pH outside 6-9 range □ Liquid with odour/smell □

ii. Lead to changes in the drainage pattern of the area, resulting in erosion or siltation? Yes □ No □iii. Lead to increase in surface run-off, which could result in flooding on or off-site? Yes □ No □


iv. Increase runoff, which could exceed the capacity of existing storm water drainage? Yes □ No □4.5 Noise Nuisance - Would the proposed Undertaking:

i. Generate noise in excess of established permissible noise level? Yes □ No □ii. Expose persons to excessive vibration and noise? Yes □ No □

4.6 Other Environmental and Social Impacts

…………………………………………………………………………………………………………………………………………………………………………………………………….………………………………………………………………………………………………….………………….……………………

5.0 Management of (Environmental and Social) Impacts

5.1 Air Quality…………………………………………………………………………………………………..…………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………….

5.2 Biological Resources …………………………………………………………………………………………………..………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………..

5.3 Cultural Resources…………………………………………………………………………………………………..…………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………….

5.4 Water Quality and Hydrology…………………………………………………………………………………………………..…………………………………………………………………………………………………..…………………………………………………………………………………………………………………………………………

5.5 Noise …………………………………………………………………………………………………..…………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………..

5.6 Any Other

…………………………………………………………………………………………………..………………………………………………………………………………………………..…………………………………………………………………………………………………………………………………………….


ANNEX 1C: SCREENING REPORT-ENVIRONMENTAL AND SOCIAL CHECKLIST

Table 10.19: Environmental and Social Checklist

MMA: District: Date:LGCSP Facility Name: Location:

Issue Degree* CommentLand ResourcesWorksite/Campsite AreasExcavation AreasDisposal AreasOthers

Water Resources & HydrologySources of Water for ConstructionDrainage IssuesOthers

Biological ResourcesSpecial Trees/Vegetation aroundProtected Areas directly affectedOthers

Air Quality & NoiseSpecial issues (e.g. quiet zone for working)Residential Areas

Socio-Economic & CulturalInvoluntary Resettlement**Graveyards and Sacred Areas affectedCultural ResourcesPopulation affected/provided accessOthers

*Degree: N = Negligible or Not ApplicableL = LowM = ModerateH = High

**If yes, indicate # of persons likely to be affected and nature of the effect


ANNEX 2: STANDARD FORMAT FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

EXECUTIVE SUMMARY

1. PROJECT DESCRIPTION1.1. Overview of the MMA where the LGCSP Facility is located1.2. List of LGCSP Facilities1.3. Environmental Screening Category

2. POLICY AND ADMINISTRATIVE AND LEGAL FRAMEWORK

3. MMAs -SPECIFIC ESMPs3.1. Location 3.2. Proposed Works3.3. Estimated Cost3.4. Baseline Data

3.4.1.Land Resources3.4.2.Hydrology and Water Resources3.4.3.Air and Noise3.4.4.Biological Resources3.4.5.Socio-Economic and Cultural

3.5. Potential Impacts3.5.1.Land Resources

3.5.1.1. Construction Phase3.5.1.2. Post Construction Phase

3.5.2.Hydrology and Water Resources3.5.2.1. Construction Phase3.5.2.2. Post Construction Phase

3.5.3.Air Quality and Noise3.5.3.1. Construction Phase3.5.3.2. Post Construction Phase

3.5.4.Biological Resources3.5.4.1. Construction Phase3.5.4.2. Post Construction Phase

3.5.5.Socio-Economic and Cultural3.5.5.1. Construction Phase3.5.5.2. Post Construction Phase

3.6. Analysis of Alternatives3.7. Mitigation Measures

3.7.1.Construction Phase3.7.2.Post Construction Phase

3.8. Monitoring and Supervision Arrangements3.9. Summary ESMP Table

4. ATTACHMENTS4.1. Photos4.2. Summary of Consultations and Disclosure4.3. Other


ANNEX 3: GUIDANCE ON ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN BY PROJECT PHASES

Table 10.20: Guidance on ESMP by Project Phases

Phases Issue/Potential Impact Mitigation Measure(s) ImplementingResponsibility

Monitoring Responsibility

Cost

Design Phase Impacts on physical environment: air quality, hydrology, waste, soils, noise

Consider the impact of the construction activities on the physical environment for the design of civil works

Design Consultant MPCU To be determined

Impact on Air Quality:Emission of dust and other pollutants

Bid document will include requirement to ensure:- Adequate watering for dust control- Prohibition of open burning- Ensure stockpile of materials are properly secured- Proper unloading/storage of construction

materials- On-site mixing of materials in shielded area- Equipment and materials to be properly covered

during transportation.

Design Consultant MPCU To be determined

Noise impact Bid document to include requirement to ensure:- Noise silencers be installed on all exhaust

system- Use of ear plugs for construction workers - Equipment placed as far as possible from

sensitive land users.

Design Consultant ESO/MPCU To be determined

Impact on hydrology: Degradation of surface water quality

The contract document should specify:- use of good engineering practice during

construction, including adequate supervision- Minimal water usage in construction area- Minimal soil exposure time during construction- Minimal chemical usage (lubricants, solvents,

petroleum products.


Alteration of surface drainage Contract document to include requirement to ensure:- installation of adequately sized drainage

channels- stabilization of slopes to avoid erosion


Waste generation and disposal (solid/ oily/hazardous)

Contract document to include requirement to ensure:- Provision of waste management plan.



- Proper handling and disposal /recycling of oily waste

Impact on Soil:Increased soil erosion

Contract document to include requirement to ensure:- Use of less erodable materials,- Lined down-drains to prevent erosion


Socioeconomic Impact:Disruption during work- demand for local infrastructure increase

- Avoid the creation of congested and unsafe road conditions at intersections and in villages or cities.


Disruption to traditional lifestyles and other services

- Ensures access to homes, businesses, other key services


Construction Impact on Air Quality:Emission of dust and other pollutants

- Periodically use water to spray areas under construction

- Construction workers to wear face masks and gloves

- Ensure that all equipment and materials loaded on trucks are covered during transportation

Contractor, Supervising consultant

ESO/MPCU To be determined

Noise Impact - Noise standards to be enforced to protect construction workers

- Ensure that silencers are installed on all exhaust systems.

- Ear plugs to be worn by construction workers- Turn off construction equipment when not in use



Impact on hydrology: Degradation of surface water quality

- Use good engineering practice during construction

- Ensure wastewater from cleaning of equipment is not disposed of in water course.

- Wastewater should be collected and treated suitably before being disposed of in water courses.

- Ensure minimal use of water in construction area- Minimal soil exposure time during construction



Alteration of surface drainage - Install adequately sized drainage channels- Ensure stabilization of slopes to avoid erosion




Solid waste generation and disposal

- Ensure all waste earth and materials associated with construction activities are disposed land without prior consent of PPT.

- Daily life rubbish and waste materials associated with construction activities should be daily collected and disposed of in suitable approved dumpsites.

- Ensure that solid wastes are not disposed of in water courses.



Poor Sanitation at construction camp and site

- Provide adequately located and maintained latrines

Contractor ESO/PPT

Accidental spill of toxic material/oil

- Design and implement safety measures- Provide an emergency plan to contain accidental

spill

Contractor ESO/PPT

Impact on Soil:Increased soil erosion

- Avoid erosion of cuts and fills by providing proper drainage,

- Lined down-drains to prevent erosion

Contractor, Supervising Consultant

ESO/MPCU

Impact on vegetation - Replanting of land within project area. Contractor, Supervising Consultant

ESO/MPCU

Health and Safety Impact - Enure adequate health facility systems are in place on-site to deal with influx of temporary workers.

- Ensure use of nets, insect repellent and other malaria preventive measure for workers on site.

- Health education about STDs should be introduced.

- Training of construction crew and supervisors on health and safety guidelines

- Personal protective equipment to be worn by all workers

Contractor, Supervising Consultant

ESO/MPCU

Socioeconomic Impact:Loss of property

- Avoid or reduce loss of property- Avoid land where farmers will be displaced.

Contractor Supervising Consultant/ESO

To be determined


ANNEX 4: DRAFT TERMS OF REFERENCE FOR SUB-PROJECT REQUIRING AN ESIA

Based on the screening and scoping results. ESIA terms of reference will be prepared. A local consultant will conduct the ESIA and the report should have the following format:

Introduction and ContextThis part will be completed at a time and will include necessary information related to the context and methodology to carry out the study.

Objectives of the StudyThis section will indicate (i) the objectives and the project activities; (ii) the activities that may cause environmental and social negative impacts and needing adequate mitigation measures.

Mission/TasksThe Consultant should realize the following:

Describe the biophysical characteristics of the environment where the project activities will be realized; and underline the main constraints that need to be taken into account at the field preparation, during the implementation and exploitation/maintenance of equipments.

Assess the potential environmental and social impacts related to project activities and recommend adequate mitigation measures, including costs estimates;

Assess the need of solid and liquid waste management and suggest recommendation for their safe disposal;

Review political, legal and institutional framework, at national and international level, related to environmental, identity constraints and suggest recommendations for reinforcement;

Identify responsibilities and actors for the implementation of proposed mitigation measures; Access the capacity available to implement the proposed mitigation measures, and suggest

recommendation in terms of training and capacity building, and estimate their costs; Develop an Environmental Management Plan (EMP) for the project. The EMP should underline (i) the

potential environmental and social impacts resulting from project activities; (ii) The proposed mitigation measures; (iii) the institutional responsibilities for implementation; (iv) the monitoring indicators; (v) the institutional responsibilities for monitoring and implementation of mitigation measures; (vi) the costs of activities; and (vii) the schedule of implementation.

Public consultationsThe ESIA results and the proposed mitigation measures will be discussed with population, NGOs, local administration and other organizations mainly involved by the project activities. Recommendations from this public consultation will be included in the final ESIA report.

Plan of the ESIA Report Cover page Table of Contents List of Acronyms Executive Summary Introduction Description of project activities Description of Environment in the project area Description of policy, legal and Institutional Framework


Description of the methodology and techniques used in assessment and analysis of the project impacts Description of environmental and social impacts for project activities Environmental Management Plan (EMP) for the project including the proposed mitigation measures;

institutional responsibilities for monitoring and implementation; Summarized table for EMP. Recommendations References List of Persons/Institutions met

Qualification of the ConsultantThe Consultant will be agreed upon by the EPA in carrying out the ESIA studies

Duration of StudyThe Duration of study will be determined according to the type of activity

Production of final ReportThe Consultant will produce the final report one (1) week after receiving comments from EPA and LGCSP Secretariat. The final report will include comments from these institutions.

Supervision of StudyThe consultancy will be supervised by the Environmental and Social Management Specialist (ESMS) of the LGCSP Secretariat.

Description of the study area Description of the sub-project Legislative and regulatory considerations Determination of the potential impacts of the proposed sub-projects Environmental Management Plan Public consultations process Development of mitigation measures and a monitoring plan, including cost estimates.


ANNEX 5: GENERAL ENVIRONMENTAL MANAGEMENT CONDITIONS FOR CONSTRUCTION CONTRACTS

General1. In addition to these general conditions, the Contractor shall comply with any specific Environmental

Management Plan (EMP) or Environmental and Social Management Plan (ESMP) for the works he is responsible for. The Contractor shall inform himself about such an EMP, and prepare his work strategy and plan to fully take into account relevant provisions of that EMP. If the Contractor fails to implement the approved EMP after written instruction by the Supervising Engineer (SE) to fulfill his obligation within the requested time, the Owner reserves the right to arrange through the SE for execution of the missing action by a third party on account of the Contractor.

2. Notwithstanding the Contractor’s obligation under the above clause, the Contractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore work sites to acceptable standards, and abide by any environmental performance requirements specified in an EMP. In general these measures shall include but not be limited to:

(a) Minimize the effect of dust on the surrounding environment resulting from earth mixing sites, vibrating equipment, temporary access roads, etc. to ensure safety, health and the protection of workers and communities living in the vicinity dust producing activities.

(b) Ensure that noise levels emanating from machinery, vehicles and noisy construction activities (e.g. excavation, blasting) are kept at a minimum for the safety, health and protection of workers within the vicinity of high noise levels and nearby communities.

(c) Ensure that existing water flow regimes in rivers, streams and other natural or irrigation channels is maintained and/or re-established where they are disrupted due to works being carried out.

(d) Prevent oils, lubricants and waste water used or produced during the execution of works from entering into rivers, streams, irrigation channels and other natural water bodies/reservoirs, and also ensure that stagnant water in uncovered borrow pits is treated in the best way to avoid creating possible breeding grounds for mosquitoes.

(e) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building of temporary construction camps and access roads on the biophysical environment including protected areas and arable lands; local communities and their settlements. In as much as possible restore/rehabilitate all sites to acceptable standards.

(f) Upon discovery of ancient heritage, relics or anything that might or believed to be of archeological or historical importance during the execution of works, immediately report such findings to the SE so that the appropriate authorities may be expeditiously contacted for fulfillment of the measures aimed at protecting such historical or archaeological resources.

(g) Discourage construction workers from engaging in the exploitation of natural resources such as hunting, fishing, and collection of forest products or any other activity that might have a negative impact on the social and economic welfare of the local communities.


(h) Implement soil erosion control measures in order to avoid surface run off and prevents siltation, etc.

(i) Ensure that garbage, sanitation and drinking water facilities are provided in construction workers camps.

(j) Ensure that, in as much as possible, local materials are used to avoid importation of foreign material and long distance transportation.

(k) Ensure public safety, and meet traffic safety requirements for the operation of work to avoid accidents.

3. The Contractor shall indicate the period within which he/she shall maintain status on site after completion of civil works to ensure that significant adverse impacts arising from such works have been appropriately addressed.

4. The Contractor shall adhere to the proposed activity implementation schedule and the monitoring plan / strategy to ensure effective feedback of monitoring information to project management so that impact management can be implemented properly, and if necessary, adapt to changing and unforeseen conditions.

5. Besides the regular inspection of the sites by the SE for adherence to the contract conditions and specifications, the Owner may appoint an Inspector to oversee the compliance with these environmental conditions and any proposed mitigation measures. State environmental authorities may carry out similar inspection duties. In all cases, as directed by the SE, the Contractor shall comply with directives from such inspectors to implement measures required to ensure the adequacy rehabilitation measures carried out on the bio-physical environment and compensation for socio-economic disruption resulting from implementation of any works.

Worksite/Campsite Waste Management6. All vessels (drums, containers, bags, etc.) containing oil/fuel/construction materials and other hazardous

chemicals shall be bunded in order to contain spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed off at designated disposal sites in line with applicable government waste management regulations.

7. All drainage and effluent from storage areas, workshops and camp sites shall be captured and treated before being discharged into the drainage system in line with applicable government water pollution control regulations.

8. Used oil from maintenance shall be collected and disposed off appropriately at designated sites or be re-used or sold for re-use locally.

9. Entry of runoff to the site shall be restricted by constructing diversion channels or holding structures such as banks, drains, dams, etc. to reduce the potential of soil erosion and water pollution.

10. Construction waste shall not be left in stockpiles along the road, but removed and reused or disposed of on a daily basis.


11. If disposal sites for clean spoil are necessary, they shall be located in areas, approved by the SE, of low land use value and where they will not result in material being easily washed into drainage channels. Whenever possible, spoil materials should be placed in low-lying areas and should be compacted and planted with species indigenous to the locality.

Material Excavation and Deposit12. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operate quarries or

borrow areas.

13. The location of quarries and borrow areas shall be subject to approval by relevant local and national authorities, including traditional authorities if the land on which the quarry or borrow areas fall in traditional land.

14. New extraction sites:

a) Shall not be located in the vicinity of settlement areas, cultural sites, wetlands or any other valued ecosystem component, or on high or steep ground or in areas of high scenic value, and shall not be located less than 1km from such areas.

b) Shall not be located adjacent to stream channels wherever possible to avoid siltation of river channels. Where they are located near water sources, borrow pits and perimeter drains shall surround quarry sites.

c) Shall not be located in archaeological areas. Excavations in the vicinity of such areas shall proceed with great care and shall be done in the presence of government authorities having a mandate for their protection.

d) Shall not be located in forest reserves. However, where there are no other alternatives, permission shall be obtained from the appropriate authorities and an environmental impact study shall be conducted.

e) Shall be easily rehabilitated. Areas with minimal vegetation cover such as flat and bare ground, or areas covered with grass only or covered with shrubs less than 1.5m in height, are preferred.

f) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing.

15. Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall not be done more than two months in advance of operations.

16. Stockpile areas shall be located in areas where trees can act as buffers to prevent dust pollution. Perimeter drains shall be built around stockpile areas. Sediment and other pollutant traps shall be located at drainage exits from workings.

17. The Contractor shall deposit any excess material in accordance with the principles of these general conditions, and any applicable EMP, in areas approved by local authorities and/or the SE.


18. Areas for depositing hazardous materials such as contaminated liquid and solid materials shall be approved by the SE and appropriate local and/or national authorities before the commencement of work. Use of existing, approved sites shall be preferred over the establishment of new sites.

Rehabilitation and Soil Erosion Prevention19. To the extent practicable, the Contractor shall rehabilitate the site progressively so that the rate of

rehabilitation is similar to the rate of construction.

20. Always remove and retain topsoil for subsequent rehabilitation. Soils shall not be stripped when they are wet as this can lead to soil compaction and loss of structure.

21. Topsoil shall not be stored in large heaps. Low mounds of no more than 1 to 2m high are recommended.

22. Re-vegetate stockpiles to protect the soil from erosion, discourage weeds and maintain an active population of beneficial soil microbes.

23. Locate stockpiles where they will not be disturbed by future construction activities.

24. To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired.

25. Remove toxic materials and dispose of them in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute groundwater and soil.

26. Identify potentially toxic overburden and screen with suitable material to prevent mobilization of toxins.

27. Ensure reshaped land is formed so as to be inherently stable, adequately drained and suitable for the desired long-term land use, and allow natural regeneration of vegetation.

28. Minimize the long-term visual impact by creating landforms that are compatible with the adjacent landscape.

29. Minimize erosion by wind and water both during and after the process of reinstatement.

30. Compacted surfaces shall be deep ripped to relieve compaction unless subsurface conditions dictate otherwise.

31. Revegetate with plant species that will control erosion, provide vegetative diversity and, through succession, contribute to a resilient ecosystem. The choice of plant species for rehabilitation shall be done in consultation with local research institutions, forest department and the local people.

Water Resources Management32. The Contractor shall at all costs avoid conflicting with water demands of local communities.

33. Abstraction of both surface and underground water shall only be done with the consultation of the local community and after obtaining a permit from the relevant Water Authority.


34. Abstraction of water from wetlands shall be avoided. Where necessary, authority has to be obtained from relevant authorities.

35. Temporary damming of streams and rivers shall be done in such a way avoids disrupting water supplies to communities down stream, and maintains the ecological balance of the river system.

36. No construction water containing spoils or site effluent, especially cement and oil, shall be allowed to flow into natural water drainage courses.

37. Wash water from washing out of equipment shall not be discharged into water courses or road drains.

38. Site spoils and temporary stockpiles shall be located away from the drainage system, and surface run off shall be directed away from stockpiles to prevent erosion.

Traffic Management39. Location of access roads/detours shall be done in consultation with the local community especially in

important or sensitive environments. Access roads shall not traverse wetland areas.

40. Upon the completion of civil works, all access roads shall be ripped and rehabilitated.

41. Access roads shall be sprinkled with water at least five times a day in settled areas, and three times in unsettled areas, to suppress dust emissions.

Blasting42. Blasting activities shall not take place less than 2km from settlement areas, cultural sites, or wetlands without

the permission of the SE.

43. Blasting activities shall be done during working hours, and local communities shall be consulted on the proposed blasting times.

44. Noise levels reaching the communities from blasting activities shall not exceed 90 decibels.

Disposal of Unusable Elements

45. Unusable materials and construction elements such as electro-mechanical equipment, pipes, accessories and demolished structures will be disposed of in a manner approved by the SE. The Contractor has to agree with the SE which elements are to be surrendered to the Client’s premises, which will be recycled or reused, and which will be disposed of at approved landfill sites.

46. As far as possible, abandoned pipelines shall remain in place. Where for any reason no alternative alignment for the new pipeline is possible, the old pipes shall be safely removed and stored at a safe place to be agreed upon with the SE and the local authorities concerned.

47. AC-pipes as well as broken parts thereof have to be treated as hazardous material and disposed of as specified above.


48. Unsuitable and demolished elements shall be dismantled to a size fitting on ordinary trucks for transport.

Health and Safety

49. In advance of the construction work, the Contractor shall mount an awareness and hygiene campaign. Workers and local residents shall be sensitized on health risks particularly of AIDS.

50. Adequate road signs to warn pedestrians and motorists of construction activities, diversions, etc. shall be provided at appropriate points.

51. Construction vehicles shall not exceed maximum speed limit of 40km per hour.

Repair of Private Property

52. Should the Contractor, deliberately or accidentally, damage private property, he shall repair the property to the owner’s satisfaction and at his own cost. For each repair, the Contractor shall obtain from the owner a certificate that the damage has been made good satisfactorily in order to indemnify the Client from subsequent claims.

53. In cases where compensation for inconveniences, damage of assets etc. are claimed by the owner, the Client has to be informed by the Contractor through the SE. This compensation is in general settled under the responsibility of the Client before signing the Contract. In unforeseeable cases, the respective administrative entities of the Client will take care of compensation.

Contractor’s Health, Safety and Environment Management Plan (HSE-MP)54. Within 6 weeks of signing the Contract, the Contractor shall prepare an EHS-MP to ensure the adequate

management of the health, safety, environmental and social aspects of the works, including implementation of the requirements of these general conditions and any specific requirements of an EMP for the works. The Contractor’s EHS-MP will serve two main purposes:

For the Contractor, for internal purposes, to ensure that all measures are in place for adequate HSE man-agement, and as an operational manual for his staff.

For the Client, supported where necessary by a SE, to ensure that the Contractor is fully prepared for the adequate management of the HSE aspects of the project, and as a basis for monitoring of the Contractor’s HSE performance.

55. The Contractor’s EHS-MP shall provide at least:

a description of procedures and methods for complying with these general environmental management conditions, and any specific conditions specified in an EMP;

a description of specific mitigation measures that will be implemented in order to minimize adverse im-pacts;

a description of all planned monitoring activities (e.g. sediment discharges from borrow areas) and the re -porting thereof; and

the internal organizational, management and reporting mechanisms put in place for such.


56. The Contractor’s EHS-MP will be reviewed and approved by the Client before start of the works. This review should demonstrate if the Contractor’s EHS-MP covers all of the identified impacts, and has defined appropriate measures to counteract any potential impacts.

HSE Reporting

57. The Contractor shall prepare bi-weekly progress reports to the SE on compliance with these general conditions, the project EMP if any, and his own EHS-MP. An example format for a Contractor HSE report is given below. It is expected that the Contractor’s reports will include information on: HSE management actions/measures taken, including approvals sought from local or national authorities; Problems encountered in relation to HSE aspects (incidents, including delays, cost consequences, etc. as a

result thereof); Lack of compliance with contract requirements on the part of the Contractor; Changes of assumptions, conditions, measures, designs and actual works in relation to HSE aspects; and Observations, concerns raised and/or decisions taken with regard to HSE management during site

meetings.

58. It is advisable that reporting of significant HSE incidents be done “as soon as practicable”. Such incident reporting shall therefore be done individually. Also, it is advisable that the Contractor keeps his own records on health, safety and welfare of persons, and damage to property. It is advisable to include such records, as well as copies of incident reports, as appendixes to the bi-weekly reports. Example formats for an incident notification and detailed report are given below. Details of HSE performance will be reported to the Client through the SE’s reports to the Client.

Training of Contractor’s Personnel

59. The Contractor shall provide sufficient training to his own personnel to ensure that they are all aware of the relevant aspects of these general conditions, any project EMP, and his own EHS-MP, and are able to fulfill their expected roles and functions. Specific training should be provided to those employees that have particular responsibilities associated with the implementation of the EHS-MP. General topics should be: HSE in general (working procedures); emergency procedures; and social and cultural aspects (awareness raising on social issues).

Cost of Compliance

60. It is expected that compliance with these conditions is already part of standard good workmanship and state of art as generally required under this Contract. The item “Compliance with Environmental Management Conditions” in the Bill of Quantities covers these costs. No other payments will be made to the Contractor for compliance with any request to avoid and/or mitigate an avoidable HSE impact.

Example Format: HSE Report


Contract:Period of reporting:HSE management actions/measures:Summarize HSE management actions/measures taken during period of reporting, including planning and management activities (e.g. risk and impact assessments), HSE training, specific design and work measures taken, etc.

HSE incidents:Report on any problems encountered in relation to HSE aspects, including its consequences (delays, costs) and corrective measures taken. Include relevant incident reports.

HSE compliance:Report on compliance with Contract HSE conditions, including any cases of non-compliance.

Changes:Report on any changes of assumptions, conditions, measures, designs and actual works in relation to HSE aspects.

Concerns and observations:Report on any observations, concerns raised and/or decisions taken with regard to HSE management during site meetings and visits.

Signature (Name, Title Date):Contractor Representative

Example Format: HSE Incident NotificationProvide within 24 hrs to the Supervising Engineer

Originators Reference No:Date of Incident: Time:Location of incident:Name of Person(s) involved:Employing Company:

Type of Incident:

Description of Incident:Where, when, what, how, who, operation in progress at the time (only factual)

Immediate Action:Immediate remedial action and actions taken to prevent reoccurrence or escalation

Signature (Name, Title, Date):Contractor Representative


ANNEX 6: SUMMARY OF WORLD BANK SAFEGUARD POLICIES AND HOW THEY WILL APPLY TO THE FUTURE PROJECT ACTIVITIES

Environmental Assessment (OP 4.01). Outlines Bank policy and procedure for the environmental assessment of Bank lending operations. The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA process. This environmental process will apply to major infrastructure rehabilitation projects under LGCSP.

Natural Habitats (OP 4.04). The conservation of natural habitats, like other measures that protect and enhance the environment, is essential for long-term sustainable development. The Bank does not support projects involving the significant conversion of natural habitats unless there are no feasible alternatives for the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs. If the environmental assessment indicates that a project would significantly convert or degrade natural habitats, the project includes mitigation measures acceptable to the Bank. Such mitigation measures include, as appropriate, minimizing habitat loss (e.g. strategic habitat retention and post-development restoration) and establishing and maintaining an ecologically similar protected area. The Bank accepts other forms of mitigation measures only when they are technically justified. Should the sub-project-specific ESMPs indicate that natural habitats might be affected negatively by the proposed sub-project activities with suitable mitigation measures, such sub-projects will not be funded under the project.

Pest Management (OP 4.09). The policy supports safe, affective, and environmentally sound pest management. It promotes the use of biological and environmental control methods. An assessment is made of the capacity of the country’s regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. This policy will most likely not apply to LGCSP sub-projects.

Involuntary Resettlement (OP 4.12). This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by (a) the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets, or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Though the LGCSP project will not entail taking of land for new infrastructure development there are aspects of the project that cause displacement.

Indigenous Peoples (OD 4.20). This directive provides guidance to ensure that indigenous peoples benefit from development projects, and to avoid or mitigate adverse effects of Bank-financed development projects on indigenous peoples. Measures to address issues pertaining to indigenous peoples must be based on the informed participation of the indigenous people themselves. Sub-projects that would have negative impacts on indigenous people will not be funded under the LGCSP.

Forests (OP 4.36). This policy applies to the following types of Bank-financed investment projects: (a) projects that have or may have impacts on the health and quality of forests; (b) projects that affect the rights and welfare of people and their level of dependence upon or interaction with forests; and (c) projects that aim to bring about changes in the management, protection, or utilization of natural forests or plantations, whether they are publicly, privately, or communally owned. The Bank does not finance projects that, in its opinion, would involve significant conversion or degradation of critical forest areas or related critical habitats. If a project involves the significant conversion or degradation of natural forests or related natural habitats that the Bank determines are not critical, and the Bank determines that there are no feasible alternatives to the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially


outweigh the environmental costs, the Bank may finance the project provided that it incorporates appropriate mitigation measures. Sub-projects that are likely to have negative impacts on forests will not be funded under LGCSP.

Cultural Property (OP 11.03). The term “cultural property” includes sites having archeological (prehistoric), paleontological, historical, religious, and unique natural values. The Bank’s general policy regarding cultural property is to assist in their preservation, and to seek to avoid their elimination. Specifically, the Bank (i) normally declines to finance projects that will significantly damage non-replicable cultural property, and will assist only those projects that are sited or designed so as to prevent such damage; and (ii) will assist in the protection and enhancement of cultural properties encountered in Bank-financed projects, rather than leaving that protection to chance. The management of cultural property of a country is the responsibility of the government. The government’s attention should be drawn specifically to what is known about the cultural property aspects of the proposed project site and appropriate agencies, NGOs, or MLGRD should be consulted; if there are any questions concerning cultural property in the area, a brief reconnaissance survey should be undertaken in the field by a specialist.

Safety of Dams (OP 4.37). For the life of any dam, the owner is responsible for ensuring that appropriate measures are taken and sufficient resources provided for the safety to the dam, irrespective of its funding sources or construction status. The Bank distinguishes between small and large dams. Small dams are normally less than 15 m in height; this category includes, for example, farm ponds, local silt retention dams, and low embankment tanks. For small dams, generic dam safety measures designed by qualified engineers are usually adequate. This policy does not apply to LGCSP since the policy is not triggered under the project.

Projects on International Waterways (O 7.50). The Bank recognizes that the cooperation and good will of riparians is essential for the efficient utilization and protection of international waterways and attaches great importance to riparians making appropriate agreements or arrangement for the entire waterway or any part thereof. Projects that trigger this policy include hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial, and similar projects that involve the use or potential pollution of international waterways. This policy will not apply to LGCSP.

Disputed Areas (OP/BP/GP 7.60). Project in disputed areas may occur between the Bank and its member countries as well as between the borrower and one or more neighbouring countries. Any dispute over an area in which a proposed project is located requires formal procedures at the earliest possible stage. The Bank attempts to acquire assurance that it may proceed with a project in a disputed area if the governments concerned agree that, pending the settlement of the dispute, the project proposed can go forward without prejudice to the claims of the country having a dispute.


ANNEX 7: LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED

MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENTLOCAL GOVERNMENT CAPACITY SUPPORT PORJECT (LGCSP)

Accra Metropolitan Assembly (AMA), Accra Date: 17/01/2011Name of Respondent(s) Designation Contacts

1 Mr. Timothy Teye Oman Metropolitan Development Planning Officer 0246223248

Consultation Issues ResponsesFormulation/Preparation of DMTDPs1 How is the MTDP formulated? - Process begins at the grassroots, involving

all relevant stakeholders including NGOs.- The process is an open participatory process

where all views and concern are collated through a series of community meetings and public forums.

2 How does the MMA select projects/communities for inclusion into the MTDP? Are beneficiaries consulted?)

- Projects are selected based on their priority within the community.

- The consultations involved are extensive and all beneficiaries are consulted.

3 What MTDP is currently being implemented and what environmental and social problems are often associated with the execution of the MTDP projects?

- Upcoming projects are the Millenium City Projects (50 3-storey 18 classroom blocks, library with sanitary facilities.), Modernisation of Markets, Road projects, street lighting, Sanitation projects etc.

- Funding sources for these projects are USAID, SIF, GETFUND, Common Fund, Privates Companies etc .

- These activities often results in dust, construction wastes generation, noise nuisance and interruption of access ways.

EA Compliance in Implementing the MTDP Projects

4 Do the MMAs comply with the EA requirements in implementing the MTDP projects?

Most major development Projects of the Assembly are subjected to the relevant environmental assessment requirements. However, ESIAs are not done some other infrastructure projects.

5 Are environmental permits obtained for the projects prior to execution? Why not? Do the MAs pay permit fees?

Yes, Environmental permits are obtained prior to the execution of some projects. Yes permit fees are paid. For some externally funded projects, (eg SIF) environmental permitting fees are always incorporated into the project cost..


6 How is the lack of capacity a factor in EA non-compliance (no environmental and social safeguards for projects)?

The AMA lacks an in-house capacity for environmental assessment and management. The AMA therefore depends on private consultancy services. The lack of the EA capacity affects the monitoring and compliance enforcement of environmental and social safeguards for projects.

7 Are planning approvals obtained prior to the execution of the MTDP projects? Why? Are fees paid? By & to whom?

Yes

Environmental & Natural Disasters8 What types of environmental & natural disasters have

been plaguing the Metro/Municipality and how often?

Flooding is a common occurrence during the raining season, when there is a heavy down pour.

9 How do these disasters affect the livelihood of the people – the most vulnerable and what emergency response plans are available?

It affects many households, and interrupts commercial activities, destroys assets of people and affects the livelihood of the people. There are no proper emergency response plans readily available but NADMO assist victims in such circumstances.

LGCSP (Urban Infrastructure Facilities Provision)10Is the second Urban Environmental Sanitation Project

(UESP II) being implemented in the Metropolis/Municipality and how successful are these?

Yes, the Metropolis has been benefiting mmensely from the UESP II. There are ongoing UESP II project covering sewerage improvement.

11Any lessons for the LGCSP (which is also has urban infrastructure facilities provisions)?

Technical and administrative structures and expertise in place will be useful to the LGCSP

12What are the likely environmental and social impacts that could result from the LGCSP investments?

The LGCSP will generate employment opportunities and improve infrastructure of the metropolis. Major environmental and social impacts are not anticipated from the LGCSP. The potential environmental and social impacts may relate to normal construction impacts, which could be addressed through effective EA compliance and monitoring. Land acquisition impacts and encroachment are potential social concerns that may arise.

13Are there any institutional needs and capacities you may require to participate in the LGCSP? Particularly capacities for implementing and monitoring the environmental and social management framework to achieve its objectives.

Capacity strengthening for environmental assessment and management within the AMA is very necessary.


14Are there personnel in the MMA who can be trained to meet the needs of the LGCSP?

Yes

15What challenges can we foresee & how can we overcome them?

The success of the LGCSP will depend on the MCEs so there is the need for the MCEs to understand and accept the project for good success. The MCEs need to be fully involved in the project.

Keta Municipal Assembly, Keta Date: 18/01/2011Name of Respondent(s) Designation Contacts

1 Mr. M.P. Dagbui Municipal Development Planning Officer 02435853492 Edith Tay Community Development Officer 02432260133 Gershon Tudoagbor Assistant MDPO 0246302063

Consultation Issues ResponsesFormulation/Preparation of DMTDPs1 How is the MTDP formulated? - Projects are identified through the

communities, Assembly members and validation done by the Municipal Assembly.





- Some project being undertaken are schools, roads, toilets, health infrastructure, Farm tracks, foot bridges, pipe-borne water, drains , irrigation infrastructure, etc

- Restriction of access to natural resources, which serves as a means of livelihood.

- Destruction of habitats of wildlife in the Ramsar site.

- Nuisance to road users and canoe users due to obstruction as result of road construction across the paths of fishing canoes.

- Difficult access to sand winning pits.- Burrow pit becoming breeding ground for


mosquitoes.- Community grievances and opposition to

ROW for road construction projectEA Compliance in Implementing the MTDP Projects


Yes, the MMA comply with EA requirements. EPA application Forms are processed for projects with significant environmental and social impacts through the EPA Regional Office at HO.


Yes, Environmental permits are obtained prior to the execution of some projects. However, the non presence of an EPA Office at the Municipality and the remoteness of the EPA office in far away HO is a de-motivator to the EA process compliance.Yes permit fees are paid.


The lack of EA capacity and other constraints such as the distance of the EPA office from Keta does not encourage the full compliance to the environmental and social safeguards for some projects.


Yes



Erosion and Flooding are a common occurrence in the MA.


It affects many households, and interrupts commercial activities, destroys assets of people and affects the livelihood of the people. There are no proper emergency response plans readily available but NADMO assist victims in such circumstances.



Yes, the Metropolis has been benefiting mmensely from the UESP II. There are ongoing UESP II project covering domestic toilet facilities provision. The UESP project is helping phase-out the use of pan latrines. The MA would like the sanitation projects to continue under the LGCSP


Technical and administrative structures and expertise in place will be useful to the


LGCSP12What are the likely environmental and social impacts that

could result from the LGCSP investments?The LGCSP will generate employment opportunities and improve infrastructure of the metropolis. Major environmental and social impacts are not anticipated from the LGCSP. The potential environmental and social impacts may relate to normal construction impacts, which could be addressed through effective EA compliance and monitoring. Land acquisition impacts and encroachment are potential social concerns that may arise.-The Keta MA area is a wetland and such sites needs to be protected. Construction of embankments and road projects could disturb the habitats of turtles.


Capacity strengthening for environmental assessment and management within the MA is very necessary. Training in negotiations and grievance redress in connection with community projects are required. Wildlife training is also needed.


Yes


-The availability of funds and timely disbursement for approved projects is critical to the success of the project.-Concern about the non-payment of compensation with World Bank projects funds could have an impact on the project success since expected government funds for compensation payment is a great challenge thus leading to litigations and project delays.


Figure 10.4: Consultations with the Keta Municipal Assembly, Keta (18/01/2011)


Kwahu West Municipal Assembly, Nkawkaw Date: 19/01/2011Name of Respondent(s) Designation Contacts

1 Hon. Alex Obeng-Somuah Municipal Chief Executive 02446605412 Mr. Kodjoe Dekpo Municipal Coordinating Director 02444887163 Mr. Morrison Agbemafle Municipal Development Planning Officer 02447173154 Mr Frederick Antwi Deputy Municipal Dev Planning Officer 0244756164

Consultation Issues ResponsesFormulation/Preparation of DMTDPs

1 How is the MTDP formulated? - Process begins at the grassroots, involving all relevant stakeholders including NGOs.

- The process is an open participatory process where all views and concern are collated through a series of community meetings and public forums.





- Construction/rehabilitation of schools and classroom blocks

- Construction of public toilets and pavements

- Construction of lorry parks, market centres and stalls

- Construction of staff accommodationMostly there are no social problems however

construction activities often results in dust and noise nuisance and interruption of access ways.

EA Compliance in Implementing the MTDP Projects


MTDP Plans are subjected to Strategic Environmental Assessment Tools however the MA does not comply fully regarding environmental assessment.


Environmental permits are not obtained prior to the execution of MTDP because most of these projects are minor projects and its environmental impacts are not pronounced. Projects that require environmental permission are normally borne by the contractor or proponent. For externally funded projects, environmental permitting fees are always incorporated into the project cost as such


environmental permits are secured. The MA does not pay permitting fees to the EPA.


The MA lacks capacity for EA screening and monitoring and this has resulted in the fact that there are no environmental safeguards for projects executed by the municipal assembly.




Flooding occurs during the wet seasons and also in 2005, there was a landslide that blocked the Kwahu-Tafo-Adawso road as a result of a heavy downpour.


It interrupts commercial activities, destroys farmlands and affects the livelihood of the people. There are no emergency response plans readily available but NADMO assist victims in such circumstances.



No


12What are the likely environmental and social impacts that could result from the LGCSP investments?

Ensure effective EA compliance screening and monitoring


Vehicles and Computer accessories including a projector will be needed to enhance the implementation and monitoring process.


Yes


Bureaucracy, apathy and politicisation might hinder the overall objective of the project and affect the timely release of funds.


Figure 10.5: Consultations with the Kwahu West Municipal Assembly, Nkawkaw (19/01/2011)


Ashanti Akim North Municipal Assembly, Konongo Date: 19/01/2011Name of Respondent(s) Designation Contacts

1 Mr. M.D.A. Avah Municipal Coordinating Director 02448285232 Mr. John Boadooh Chief Development Planning Officer 02442647843 Mr. Rutherford Osei Deputy Development Planning Officer 0207372479/0245137813


1 How is the MTDP formulated? - In formulating the MTDP a bottom-up approach is adopted starting from the local level. The needs of the community are collected through the Area Council. Public forums are held to disclose selected projects to be incorporated in the MTDP and also to seek the approval of the community regarding the selected projects. The process also involves NGOs. The DPCU/MPCU is entrusted with the preparation of the medium term development plans. The process is an open participatory one that ensures consensus building.






- Construction of public toilets - Construction of lorry parks and market

centres- Construction of boreholes and sanitation

facilitiesEA Compliance in Implementing the MTDP Projects


No


Initially the assembly did not seek EPA permit prior to the execution or implementation of the projects within the MTDP, but currently for major externally funded projects, environmental permitting is required prior to the commencement of the project. Payment of permitting fees is done indirectly through the donor agency, e.g. for the SIF program, permitting fees are


incorporated into the project cost and borne by the program. Planning approvals are also obtained prior to the execution of MTDP projects. The MA does not directly pay permitting fees.




Environmental & Natural Disasters8 What types of environmental & natural disasters

have been plaguing the Metro/Municipality and how often?

Flooding occurs during the wet seasons. Activities of illegal miners (Galamseys) in the municipality create pits which endangers human life. Also Fulani herdsmen destroy farmlands within the municipality.


It interrupts commercial activities, destroys farmlands and affects the livelihood of the people. There are no emergency response plans readily available but NADMO assist victims in such circumstances.

LGCSP (Urban Infrastructure Facilities Provision)10 Is the second Urban Environmental Sanitation

Project (UESP II) being implemented in the Metropolis/Municipality and how successful are these?

No

11 Any lessons for the LGCSP (which is also has urban infrastructure facilities provisions)?

12 What are the likely environmental and social impacts that could result from the LGCSP investments?

Socioeconomic benefits such as infrastructure upgrade and personnel development.

13 Are there any institutional needs and capacities you may require to participate in the LGCSP? Particularly capacities for implementing and monitoring the environmental and social management framework to achieve its objectives.

Financial restraint has always hindered the MA’s efforts to ensure compliance and due diligence.

14 Are there personnel in the MMA who can be trained to meet the needs of the LGCSP?

Yes from the Planning, Environmental and Engineering Departments.

15 What challenges can we foresee & how can we overcome them?

- Financial Constraint


Figure 10.6: Consultations with the Ashanti Akim North Municipal Assembly, Konongo (19/01/2010)

Kumasi Metropolitan Assembly (KMA) Date: 19/01/2011Name of Respondent(s) Designation Contacts

1 Mr. Paa Kwesi Simon Metropolitan Development Planning Officer 02448514612 Madam Yvonne Naboo Assistant Metropolitan Coordinating Director 0208820606


1 How is the MTDP formulated? - Process begins at the grassroots, involving all relevant stakeholders including NGOs.

- The process is an open participatory process where all views and concern are collated through a series of community meetings and public forums.



- Projects are also subjected to SEA tools of assessment.




- Construction of public toilets and pavements

- Construction of lorry parks, market centres and stalls

- Construction of roadsEA Compliance in Implementing the MTDP Projects



No


Projects that are outsourced to external contractors obtain environmental permits prior to their execution. Environmental permit are not obtained for projects such as the construction of markets, lorry parks, and classroom blocks. But it’s required to produce permits for project such as road construction and the construction of filling stations. Permit is also obtained for Social Investment fund (SIF) projects




Yes

Environmental & Natural Disasters8 What types of environmental & natural disasters

have been plaguing the Metro/Municipality and how often?

There are no natural disasters in the metropolis except man-made disasters such as building in water ways causing seasonal flooding.

9 How do these disasters affect the livelihood of the pESOple – the most vulnerable and what emergency response plans are available?

It interrupts commercial activities, destroys farmlands and affects the livelihood of the people.

LGCSP (Urban Infrastructure Facilities Provision)10 Is the second Urban Environmental Sanitation

Project (UESP II) being implemented in the Metropolis/Municipality and how successful are these?

Yes

11 Any lessons for the LGCSP (which is also has urban infrastructure facilities provisions)?

12 What are the likely environmental and social impacts that could result from the LGCSP investments?

Ensure effective EA compliance screening and monitoring

13 Are there any institutional needs and capacities you may require to participate in the LGCSP? Particularly capacities for implementing and monitoring the environmental and social management framework to achieve its objectives.

No


14 Are there personnel in the MMA who can be trained to meet the needs of the LGCSP?

Yes

15 What challenges can we foresee & how can we overcome them?

Financial Constraint

Figure 10.7: Consultations with the Kumasi Metropolitan Assembly, KMA, Kumasi (19/01/2010)

EPA – Ashanti Region Date: 19/01/2011Name of Respondent(s) Designation Contacts

1 Mr Prempeh Adakwa-Yiadon Senior Programme Officer 0547977555

2 Mr Kwesi Eyiah-Mensah Programme Officer 0244850920

3 Mr Hamidu Abdullah Assistant Programme Officer 0243274662

Consultation Issues Responses1 Do you conduct ES compliance monitoring of

Assemblies MTDPs/Projects implementations?No, except for donor funded projects where there are strict provisions for that, eg CBRDP, SIF, etc

2 Has the EPA ever carried out Public Hearing or Grievance Redress for any of the Assembly’s projects?

Yes

2a If no, are you in a position to conduct them? (Any capacity gaps?)

N/A

3 What are your contributions/inputs to the works of EPA currently serves on the Statutory


Environmental Management Committees in the assemblies?

Committees of the Assemblies by making inputs into the development of their MTDPs

4 Do you have the capacity to review RAPs from the Assemblies in the implementation of the LGCSP?

Yes, similar things are done for mining projects

5 What key roles can the Regional EPA play with regards to Resettlement, Compensation and Grievance Redress issues?

Educating the Assemblies on the compliance with the provisions of the Environmental Assessment Regulations of Ghana

Figure 10.8: Consultations with the Environmental Protection Agency (EPA), Ashanti Region, Kumasi (19/01/2010)


Sekondi Takoradi Metropolitan Assembly Date: 19th January, 2010 Name of Respondent(s) Designation Contacts

1 Hon. Kobina Pra Annan Chief Executive 0274084322

2 Abdulai Zakari Coordinating Director 0244888092

3 Henry Owusu Development Planning Officer 0244734284

Consultation Issues

1 What is the range of projects under implementation in your MTDPs?

The Assembly’s projects are under five thematic areas namely: Micro Economy, Production and Gainful Employment, Human Resource Development and Basic Services, Special Programmes for the vulnerable and the excluded, Good governance. Specific projects include building of classroom blocks, markets and car parks, vaccination for communities, support to farmers in terms of fertilizer costs organizing HIV/AIDS sensitization programmes etc

1a Have you ever implemented any MTDPs which affected people’s properties? (lands, farms, houses, etc)

Yes, a bus terminal is to be constructed and people have to be moved

1b

If yes how did you deal with the Resettlement, Compensation, Grievance Redress and Follow-ups? - Any involvement from LVB & EPA?

- Public consultations are held to inform the people of the community

- Compensations are paid to those who have legal rights to the land

1c If no, do you anticipate such situations in the implementation of your MTDPs? And if they arise how do you intend to deal with them?

There may be situations like that and we’ll use the same method described in section 1b above.

2 How do you incorporate ES safeguards into your MTDPs implementation and who conducts monitoring?

There are two types of projects; (i) assembly funded and (ii) donor funded. Donor funded projects such as UESP and CBRDP are subjected to E&S but Assembly-funded ones are usually not subjected to EA except in cases where the E&S issues are ‘severe’

3 Do you have Environmental Management Committees (EMC) in place?If yes, what is the composition?

Environmental issues are handled by the Statutory Planning Committee

4 What are some of the capacity gaps/training needs for the EMCs?

Training of personnel of the Statutory Planning Committee on E&S safeguards that guide the Assembly’s projects implementation

5 Is the Assembly in a position to implement Yes , with the necessary budgetary support


Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP?

and enhanced capacity on the management of resettlements, compensation and grievance issues

6 Has the Assembly ever conducted any EA (ESIAs, EMPs, etc) and acquired permit from EPA?

The Assembly does not usually conduct ESIAs for its projects except the ones that are donor-funded

7 How are NGOs involved or will be involved in the development and implementation of the MTDPs (dealing with public hearing & grievance redress, etc of the LGCSP)?

NGOs such as Life Relief Foundation and West Africa Integrated Development and Exchange Programme (WAIDEP) operate in the areas of health, community development, skill training, environmental sanitation and poverty reduction. Views of NGOs are incorporated at the community needs assessment level in developing MtDPs

Figure 10.9: Consultation with the Sekondi Takoradi Metropolitan Assembly (19/01/2010)


Cape Coast Metropolitan Assembly Date: 19th January, 2010Name of Respondent(s) Designation Contacts

1 Hon. Anthony Egyir Aikins Chief Executive 0208169393

2 P.K Dery Coordinating Director 0208116901

3 Nii Amarh Ashitey Deputy Director

4 Emmanuel Baisie Assistant Director I

5 Felix Ackah Quantity Surveyor

6 Francis Kwame Odei Chief Budget Analyst

7 Nana Poku Environmental Health Officer

8 Justice Amoah Planning Officer

Consultation Issues




Yes, land take issues

1b













5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress and Follow-up demands of the LGCSP?

Yes , with the necessary budgetary support and enhanced capacity on the management of resettlements, compensation and grievance issues




NGOs operate in the areas of health, community development, skill training, environmental sanitation and poverty reduction. Views of NGOs are incorporated at the community needs assessment level in developing MtDPs

Figure 10.10: Consultation with Cape Coast Metropolitan Assembly


EPA (Cape Coast) Date: 19th January, 2010Name of Respondent(s) Designation Contacts

1 Don Boateng Addae Senior Programme Officer 0244082002

2 Peter Ackon Program Officer 0243141940

Consultation Issues1 Do you conduct ES compliance monitoring of

Assemblies MTDPs/Projects implementations?We review TOR and EIS for projects related to CBRDP and UESP but the Assembly-funded projects are often not brought to our notice

2 Has the EPA ever carried out Public Hearing or Grievance Redress for any of the Assembly’s projects?

No

2a If no, are you in a position to conduct them? (Any capacity gaps?)

We will conduct Public Forum if the TOR and EIS we review for the projects we are notified of demands it

3 What are your contributions/inputs to the works of Environmental Management Committees in the assemblies?

We advise on how to mange environmental issues that may arise from implementation of projects (donor funded ones)

4 Do you have the capacity to review RAPs from the Assemblies in the implementation of the LGCSP?

Yes

5 What key roles can the Regional EPA play with regards to Resettlement, Compensation and Grievance Redress issues?

- Organisation of public forum- Conduct post project implementation monitoring of compliance

6 What cost estimates can be allocated for a Public Hearing involving LGCSP scale of work?

-

Figure 10.11: Consultation with EPA (Cape Coast) (19/01/2010)


Komenda Edina Eguafo Abirem Municipal Assembly Date: 19th January, 2010 Name of Respondent(s) Designation Contacts

1 Hon. Dason Atta-Ullah Coordinating Director 0242952520

2 Beatrice Ankrah Dept. Coordinating Director 0208163461

Consultation Issues




Yes, land take issues

1b












5 Is the Assembly in a position to implement Resettlements, Compensation, Grievance Redress

Yes , with the necessary budgetary support and enhanced capacity on the management of


and Follow-up demands of the LGCSP? resettlements, compensation and grievance issues




NGOs operate in the areas of health, community development, skill training, environmental sanitation and poverty reduction. Views of NGOs are incorporated at the community needs assessment level in developing MtDPs

Figure 10.12: Consultations with Komenda


ANNEX 8: TERMS OF REFERENCE FOR LGCSP ESMF

GHANALocal Government Capacity Support Project

Terms of Reference for Preparation of anEnvironmental and Social Management Framework

BACKGROUND

The Ministry of Local Government and Rural Development (MLGRD), with support from the World Bank, is currently preparing a Local Government Capacity Support Project (LGCSP). The Government of Ghana has sought a Project Preparation Advance from the World Bank to finance preparatory activities to support the design of the project. These Terms of References describe consultancy services to be financed through this Project Preparation Advance. The objective of the project is to build the capacity of local governments to deliver services by (i) enhancing the intergovernmental fiscal framework, (ii) improving municipal management capabilities, and (iii) strengthening local accountability. The project has four main components. Component 1 will be implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD.

Component 1: Technical assistance and capacity building to MOFEP for an improved intergovernmental fiscal framework, improved local government Public Financial Management, and improved administration and oversight of grants to local governments,

Component 2: A performance based urban grant to Metropolitan and Municipal Assemblies (MMAs) targeting performance in key areas of public financial management (budgeting, reporting, auditing, revenue generation), asset management and local accountability. This component will also provide capacity building and technical assistance in the key performance areas and for improved service delivery.

Component 3: Stimulating citizen demand for accountability of local governments through a combination of technical assistance and capacity building aimed at increasing citizens’ awareness, enhancing information sharing and transparency and improving citizen oversight of service delivery in urban local governments.

Component 4: Project management and evaluation.

Under Component 2, the project will provide grants to urban (metropolitan and municipal) assemblies (MMAs) based on achievement of performance in key focus areas of the project related to public financial management and accountability. The grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure and services that they have a mandate to deliver (with a simple negative list). These could be small scale civil works such as local roads, street lighting, drainage, markets, abattoirs, public toilets, sanitation, etc. The potential environmental and social impacts of these investments are not currently known, even though they are likely to be minor. Since the exact location, nature and number of investments and/or services are not known, MLGRD will prepare an Environmental and Social Management Framework (ESMF) to ensure that all investments are adequately screened for their potential environmental and social impacts, and that correct procedures to be followed to mitigate and minimize any potential negative impacts arising from these

FINAL DRAFT ESMF of LGCSP for MLGRD, Ghana, February, 2011 106

investments. The World Bank has strict Operational Policies and guidelines that dictate the procedures to be followed, depending on the types of investments to be carried out, and these will be reflected in the ESMF document to be prepared. These Terms of Reference (TOR) describes the tasks of a consultant to prepare an ESMF that responds to the needs of this project and is acceptable to the World Bank. 1. ObjectivesIn World Bank-financed projects, a key goal is to enhance positive and sustainable environmental and social outcomes of the project by minimizing and/avoiding negative environmental and social impacts. Where avoidance is not possible, an Environmental and Social Management Framework is developed which provides the framework within which to address the issues. The objective of the assignment is to prepare an ESMF which will:

i. Establish the legal framework, procedures, and methods for the environmental and social planning, review, approval and implementation investments to be financed using the performance grant funds;

ii. Identify roles and responsibilities, including reporting procedures and monitoring and evaluation;iii. Identify capacity/ or training needs for different stakeholders to ensure better implementation of

the provisions in the ESMF and;iv. Identify funding requirements and resources to ensure effective implementation of the

framework.

2. Scope of WORK

The Consultant shall undertake the following tasks:i. Project Description. Provide a detailed description of the performance grant, including how it will be

integrated within the local government budget and how investments using the grants will be identified, screened and implemented to ensure compliance with the environmental safeguard policies of the World Bank. The description should provide a typology of investments that grant funds are likely to be used for the MMAs.

ii. Legislative, Regulative and Administrative Regime. The Consultant shall describe the legislative, regulatory and administrative regime regarding the triggered safeguards policies that the project will be operating within (particularly at the local government level, but also at regional/central levels). In addition the consultant shall include the requirements and approval processes/procedures for specific environmental issues. The Consultant shall clearly identify and highlight any significant changes in regulations/legislative evelop a stakeholders’ consultation process that ensures that all key stakeholders, including potentially affected persons, are aware of the objectives and potential environmental and social impacts of the proposed project, and that their views are incorporated into the projects’ design as appropriate.

iii. Determination of Potential Impacts and Screening. The Consultant shall determine the types of environmental and social impacts that could result from the likely investments. The consultant shall also develop a simple environmental and social screening form to assist in the evaluation and future reviews and assessments of investments. The form shall be attached to the main report as annex.

iv. Environmental and Social Checklist The consultant shall develop an environmental and social checklist. The checklist shall outline simple mitigation measures for the identified potential negative environmental and social impacts. The implementation of these will be guided by an environmental and


social management plan. The management plan shall consist of mitigation measures and monitoring indicators.

v. Institutional Needs and Capacity Building. The Consultant shall identify the existing institutional needs and the capacity of all participating institutions from the national through to the local level. This is to help assess what needs and capacities will be required for implementing and monitoring the environmental and social management framework to achieve intended objectives. Based on this analysis, the consultant shall develop training and capacity building program on environmental and social safeguards for the identified institutions. Any other technical support considered important may also be outlined by the consultant.

vi. Budget. The Consultant shall develop appropriate budget for the implementation of the entire ESMF.vii. Public Consultations and Disclosure. I all these, public consultations shall be an integral part and the

consultant shall document the different forms of public consultations, the different categories of participants and issues discussed or highlighted. The participation shall take into consideration vulnerable people like the elderly, the youth, women and the disabled. If necessary, details of the consultation shall be attached to this report as an annex. The ESMF shall be disclosed in the country by the client.

viii. The Outline for the ESMF Report. The minimum content of the ESMF Report should include an Executive summary and all sections outlined under the scope of works of this TOR. There shall also be technical annexes attached to the main report.

3. Consultant Qualifications.The consultant shall have:(i) At least 5 years postgraduate qualification in environmental science and /or related field (ii) Proven experience with World Bank safeguard policies and requirements as well as Government of

Ghana environmental and social policies on safeguards.

4. Schedule and DeliverablesIt is expected that this work will be executed over six (6) weeks.a. Inception Report. This report will have detailed work plan with output indicators of performance. This

will be discussed by the consultant, client and other experts to ensure quality of final outcome. Three (3) copies shall be submitted to the client in addition to an electronic version. This will be delivered one (1) week after signing of contract;

b. First Draft Report This report will be circulated for comments and relevant issues raised incorporated into revised version. Three copies shall be submitted to the client. In addition the consultant will provide an electronic version. This will be delivered two (2) weeks after submission of inception report.

c. Final Draft Report This will be circulated for comments and relevant issues raised incorporated into the revised version. Three copies shall be submitted to the client. In addition the consultant will provide an electronic version. This will be delivered one (1) week after submission of first draft.

d. Final Report. The final report should include a concise Executive Summary and should have all annexes and bibliography and the dissemination/disclosure plan. This will be delivered two (2) weeks after submission of draft report, and it shall address comments provided by the client.

5. Administrative Arrangements:XX at MLGRD will supervise this assignment. MLGRD will provide the necessary administrative support and make available necessary documents, reports, data and contacts. In addition, MLGRD will


convey copies of the draft and final reports from the consultant to the World Bank Team Leader for comments prior to acceptance of the report and making final payments to the consultant.


ANNEX 9: MINUTES OF DISCLOSURE WORKSHOP

LOCAL GOVERNMENT CAPACITY SUPPORT PROJECT (LGCSP)MINUTES OF DISCLOSURE WORKSHOP OF ENVIRONMENTAL AND SOCIAL

MANAGEMENT FRAMEWORK AND RESETTLEMENT POLICY FRAMEWORK (RPF) FOR LGCSP WITH METROPOLITAN & MUNICIPAL ASSEMBLIES (MMAs) AT MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT IN ACCRA ON 31 ST JANUARY 2011

1.0 INTRODUCTION

The Government of Ghana is preparing a project titled: LOCAL GOVERNMENT CAPACITY SUPPORT PROJECT (LGCSP) to be funded by IDA (the World Bank). This project will benefit 46 Municipal and Metropolitan Assemblies (MMAs) in the country. An assessment of the project activities under Component 2 indicates that there could be minor environmental and social impacts. Consequently, the Government of Ghana, through the Ministry of Local Government and Rural Development has prepared appropriate safeguards instruments. These documents are:

(1) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) (2) RESETTLEMENT POLICY FRAMEWORK (RPF)

The Bank’s policy on disclosure requires that all the people residing in the given areas of a project have the right to be informed of the proposed development project. Prior to project appraisal therefore, the summary of the study of the development action along with other relevant information should be disclosed in the info-shop and in the project area as well as nationally. In compliance with these procedures a disclosure workshop was held in Accra with the relevant stakeholders to discuss the issues raised in the documents. This report presents the minutes of the discussions on the issues raised on the ESMF.

2.0 PRESNTATION

The ESMF Consultant made a presentation on the ESMF covering the following:Policy, Legal and Administrative Framework

The relevant policies, legal and administrative frameworks considered are: Ghana’s Environmental Policy; Resettlement and Compensation Policy The Environmental Protection Agency Act of 1994 (Act 490); The Environmental Assessment Regulations (LI 1652), and ESIA procedures; Local Government Act, 1993 (Act 462); and The World Bank’s policies and guidance on Environmental Assessment (OP 4.01), and also the

Involuntary Resettlement (OP/BP 4.120

Other relevant policies, legislative, regulative and administrative regimes considered are:The Factories, Offices and Shops Act of 1970 (Act 328);Occupational Safety and Health PolicyNational Workplace HIV/AIDS Policy;Labour Act, 2003 (Act 651);


Ghana Shared Growth and Development Agenda (2010-2013);Ghana Poverty Reduction Strategy (GPRS I & II);World Bank Safeguards PoliciesGhana Environmental Sanitation Policy;Relevant International Conventions and Protocols; andInstitutional Framework.

Description of the LGCSP

The LGCSP is to build the capacity of local governments to deliver services by (i) enhancing the intergovernmental fiscal framework, (ii) improving municipal management capabilities, and (iii) strengthening local accountability. The project has four main components. Component 1 will be implemented by the Ministry of Finance and Economic Planning (MOFEP), and Components 2, 3 and 4 will be implemented by MLGRD.

Component 1: Technical assistance and capacity building to MOFEP. Component 2: A performance based urban grant to Metropolitan and Municipal Assemblies (MMAs). Component 3: Stimulating citizen demand for accountability of local governments. Component 4: Project management and evaluation.

Description of Prospective Projects under Component 2Under Component 2, the grant funds will be provided as discretionary funds that can be used by MMAs for infrastructure and services that they have a mandate to deliver (with a simple negative list). These could be small scale civil works such as local roads, street lighting, drainage, markets, abattoirs, public toilets, sanitation, etc.

Potential Environmental and Social Impacts

The proposed upgrading of infrastructure works will have minimal impact on the environment. An assessment of the negative impacts can be classified into construction phase and post-construction phase impacts.

The constructional works would present minor negative environmental impacts. The construction phase includes the following operations: site clearing, excavation and grading, upgrading of access roads and drains, installation of utility services (electricity and water supply). Some of the potential minor environmental impacts are:

Loss of ornamental and shady trees;Soil and land degradation;Visual intrusion;Air quality impacts;Vehicular traffic implications;Noise level increase and ground vibration;Construction waste generationSolid waste generation;Occupational, health and safety issues etc.

Potential Social Impacts

Social impacts may emanate from the various infrastructure services delivery activities under the LGCSP within the MMAs. The following are some of the potential social negative impacts:

Disruption of utility services;


Displacement of families and businesses;Restriction of access to source of livelihood;Loss of buildings, structures, land, crops, etc;Delays in compensation payment and provision of alternative mean of livelihood;Social conflicts, etc.

Environmental and Social Management Plan (ESMP)

Environmental and social control and mitigation measures, monitoring programs, and responsibilities developed based upon an assessment of environmental and social impacts and risks for the proposed project.

ESMP Implementation Arrangement

The Ministry of Local Government and Rural Development (MLGRD) will recruit an Environment and Social Officer (ESO). The ESO’s main task is to analyze screening document, participation in ESIA review, monitoring activities of mitigation measures implementation and act as the interlocutor of the LGCSP MLGRD and MMAs (Planning Officers and Environmental Health Officers). The MLGRD is accountable in the development of environmental and social guidelines to be included in tender documents; training in environmental and social assessment, monitoring and evaluation. The MLGRD will also disseminate the ESMF/EMP and any ESIA.

CAPACITY STRENGTHENING FOR ESMF IMPLEMENTATION

In order for MLGRD to effectively carry out the environmental and social management responsibilities for sub-project implementation, institutional strengthening will be required. Capacity building will encompass MLGRD staff and sub-project executing institutions such as the Regional Coordinating Councils, and MMAs.

Proposed capacity building and training needs will include the following:- Environmental and Social Management Process.- Use of Screening form and Checklist - Preparation of terms of reference for carrying out EA- Design of appropriate mitigation measures.- Review and approval of EA reports- Public consultations in the ESMF process.- Monitoring mitigation measures implementation.- Integrating ESMP into sub-projects implementation.

3.0 QUESTIONS, COMMENTS & RESPONSES :

Engagement of Environment and Social Officer by MMAs: What calibre of person or qualification will be required of the Environment and Social Officer? Who has the responsibility to engage the ESO? Is it the responsibility of the MMAs or the Ministry of Local Government and Rural Development?

o The ESO required at the MMAs could be someone with a background in Environmental Science, Natural Resources Management, Environmental Management etc. Under the Local Government Act 462, the MMAs are to set up as many as 13 departments, which includes an Environmental or Natural Resources Management Departments. Hence the MMAs has the responsibility to engage ESO to ensure the implementation of the ESMF through collaboration with the Municipal


Development, Planning and Coordinating Unit of the MMA. Taking cognizance of the current embargo on employments in the Public Sector, the MMAs could utilize the services of National Service Persons with the relevant Environmental background and requisite training as stipulated under the ESMF.

Capacity Inadequacies of the Municipal Development, Planning and Coordination Units: Concerns were raised about the low functionality and weak capacities of the MDPCUs to undertake the tasks and responsibilities required under the ESMF. How can these be addressed?

o Through the consultation exercise undertaken as part of the processes for preparing the ESMF for the

LGCSP, it emerged from the discussions that the MDPCUs have capacity challenges. Accordingly, the ESMF has clearly identified the capacity building and training needs of the MMAs, which will significantly benefit the MDPCUs. A proposed implementation schedule for the capacity building and training of MMAs has been defined to group the MMAs into three categories and targeted for training within the first quarter of the LGCSP implementation year to enhance the capacities of the MDPCUs.

Potential Conflict among Environmental Unit and other existing Departmentss: Creation of an

Environmental Unit or Committee could be a source of conflict within the MMAs. How could this be addressed if it occurs?

o The Environmental Unit or Committee needs to be established on a clear job description as pertains to the stipulations of the ESMF and avoidance of personal egos. More also the Environmental Committee or Unit could be constituted with members of the MDPCUs so that they can be seen as collaborators for the realization of the objectives of the MDPCUs rather than as competitors. Further, L.I. 1961 is clear on the kind of departments to be set up of which the Environmental or Natural Resources Department is included.

Compensation Payments: Availability of funds for compensation payment in connection with MMAs project have been a major problem to MMAs with consequent associated undue delay of projects Meanwhile, World Bank funded projects does not permit the use of project funds to pay compensation. How can this problem be addressed?

o Many MMAs and other government project encounter such challenges. However, as long as the Bank’s Policy doesn’t change the Government needs to comply with this requirement and also adopt other strategies such as negotiations; justification of provision of other infrastructure and alternative means of livelihood where the main resettlement impacts economic or business related.

Appreciation of the ESMF: The stakeholders expressed satisfaction of the steps being taken by the Ministry of Local Government and Rural Development/LGCSP with the support of the World Bank to comply with the Environmental and Social Safeguard Policies. Participating stakeholders expressed their preparedness to identify their relevant staffs and make them available to participate in the capacity building and training requirements under the project to comply with environmental and social requirements in order not to negate the positive impacts that will be realised by this project as a result of the World Bank Environmental and Social Safeguards Policies compliance.


4.0 CONCLUSION

Generally, the stakeholders expressed a deep appreciation and support for the project and its objectives, with

valuable suggestions provided for its improvement, but without any serious criticism of the project approach or

the measures proposed for mitigation of social and environmental impacts.

List of Participants LOCAL GOVERNMENT CAPACITY SUPPORT PROJECT (LGCSP)

DISCLOSURE ON RESETTLEMENT POLICY FRAMEWORK (RPF) & ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF), ACCRA, 31ST JANUARY 2011

Name MMA/Position Tel No.Hon Simon Peter Asirifi East Akim/MCE 0244761719

Hon. Alex Asamoah NIMA/MCE 0208113935

Hon. Omar Amadu-Dabou Akwapim South/MCD 0243260656

Emmanuel Baibie Cape-Coast Municipal Assembly/AD 1 0247829798

Hon. Veronica Essuman Nelson KEEA/MCE 02465533344

Hon. Obeng Somuah Kwahu West-Nkawkaw/MCE 02444660541

Hon. Isaac Kodobisah Ho Municipal Assembly/MCE 0244414237

Hon. Numo Adinortey Ashaiman Municipal Assembly/MCE 0243767328

Hon. Henry K. Hayford Mfantseman Municipal

Assembly/MCE

0243642708

Mr. Peter K. Wilson Effutu/AD 0540981569

Del Nyamadu Keta Municipal Assembly/MA 0243304309

Mr. Cofie-Agama LGCSP/MLGRD 0244446622

Mrs Agnes Lamptey LGCSP/MLGRD

Dyson T. Jumpah Environ Engineering and Mgt Consult

(EEMC)

0244649873

Yaw Amoyaw-Osei CEHRT 0243223864


Disclosure Photos

Project Coordinator & Some Stakeholder MCEs

Some Stakeholder MCEs

ESMF Consultant and Some MCEs Some Stakeholder MCEs
