Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
Social and Environmental Safeguards
3 April 2019
Sita Ram Kandel
Environmental Management Expert
Strengthening National Rural Transport Program (SNRTP)
DoLI/GoN-WB
Safeguards (Environmental and Social)
- tool to for address environmental and social
issues
- standards to be followed with systematic
procedure
- provide a framework for consultation with
communities and for public disclosure
- to reach every least and ensure a project
doesn’t harm people or the environment
Scope of Presentation
Safeguards Policies,
Principles and Legal
Framework
Environmental and
social Safeguard
Management in
development Project
Safeguards Policies, Principles and Legal Framework
From History………….
Prithivi Narayan Shah æiffgL eofsf 7fpFdf ufpF eof
klg ufpF c? hUufdf ;fl/sg klg iffgL rnfpg‘, if]t aGof
hUufdf 3/ eof klg 3/ cGt hUufdf ;f/L s'nf] sf6L if]t
agfO{ cfafb ug'{, cfˆgf b]zsf] lhlg; h8La'6L b]; n}hfg' /
gut lvRg '‘ .Æ
Background
1972 Stockholm Conference on the Human Environment-Established
UNEP
1980 World Conservation Strategy
1983: UN Establish Independent Commission (WCED)- 1987,
Published Report-OUR COMMON FUTURE
1992: Conference on Environment and Development (UNCED) in Rio
de Janeiro, Brazil.-
National Conservation Strategy, 1983
Nepal Environmental Policy and Action Plan, 1993
Sector ACT Regulations-Driven by international Commitment
Environmental Protection Act, 2053 B.S (1997 A.D)
Any development project, before implementation, to pass
through environmental assessment, which may be either
IEE or an EIA depending upon the location, type and size of
the projects.
This act gives great emphasis on the proper use and
management of natural resources including the assimilative
capacity of ecosystem.
Penalty and punishment – Immediate closure of the project
and penalty if IEE or EIA not conducted
Environmental Protection Rules 2054 B.S. (1997 A.D.)
Provision for public consultation and disclosure
to ensure the participation of stakeholders.
It lists the types of development activities
requiring the level of environmental assessment
(IEE or EIA) study.
Forest Act, 2049 B.S. (1993 A.D.)
It ensures the development, conservation, and proper
utilization of forests and forest products
Provision for the implementation of the national priority
projects within forest area and carrying out environmental
assessment
Provision for punishment and penalties for forest related
offences
Article 68 (1) Power to use the forest
Government may give approval to use any part of the
government managed forest for the priority projects if
there is no alternative
Forest Rules, 2051 B.S. (1995 A.D.)
Management of different types of forests
Provision for the operation of priority projects in
the forest
Provision for forest products utilization and
royalty rates
National Parks and Wildlife Conservation Act, 2029 BS (1973)
It deals with the conservation and management of the
wildlife and their habitat.
The Act restricts entry in protected area without prior
permission.
Hunting of animals and birds, build or occupy any houses,
shelter or structures, occupy, clear or plant or grow any
part of land, cut, fell, remove overshadow any tree,
remove any quarry or any other activities are banned.
Provision for penalty and punishment for wildlife related
offences.
National Park and Wildlife Conservation Rules, 2030 BS (1974)
Provision for obtaining services from the national parks
and reserves.
Other provisions are about issuing hunting licenses,
permits, quota of hunting animals
Declaring harmful wild animals and permission to chase,
catch or kill them if they are found detrimental to the
agricultural crops and people.
Conservation Area Management Rules, 2053 BS (1996)
It provides institutional framework, systems, mechanisms
and processes for the management of the conservation
Area.
Conservation Area Management Committee (CAMC) has
to be formed for carrying out community development
related construction works, protection of the natural
environment, and effective implementation of the
management plan.
Buffer Zone Regulations, 2052 BS (1996)
These provide park authority and local users to design
programs for the buffer zone that are compatible with the
national park management.
It allows investing 30-50% of the park-generated
revenues for community development activities in buffer
zone.
It promotes activities that meet the basic needs of local
people for firewood, fodder, timber, and grazing.
Aquatic Animal Protection Act, 1961
Provides legislative protection of habitat of auatic animals
in water sources like, lakes, ponds, rivulets, stream, river,
channel, reservoirs, ditches etc.
Provision for penalty and punishment to any party spilling
poisonous, noxious or explosive materials into a water
source or destroying any dam, bridge or water system
with the intent of catching or killing aquatic life.
Soil and Watershed Conservation Act, 2039 BS (1982)
It empowers the government to declare any area a
protected watershed area. It also outlines the essential
parameters necessary for proper watershed management
including both river and lakes.
The Act is applicable only to protected watersheds.
राष्ट्रिय प्राथमिकता प्राप्त आयोजनालाई राष्ट्रिय बनके्षत्रउपलब्ध गराउने काययष्ट्रबधी २०७४
Forest area for national priority (P1) projects only.
Forest area should be avoided as far as possible.
IEE/EIA should be prepared according to EPA,1997 and
EPR ,1997.
Concerned project has to comply with the implementation
of mitigation measures as per approved IEE/EIA.
Provision for compensatory plantation.
;+/lIft If]qleq ef}lts k"jf{wf/x? lgdf{0f Pj+ ;+rfng ;DalGw sfo{gLlt, @)^%
For providing permission to conduct project feasibility study
and preparation of IEE/EIA for the construction and
operation of physical infrastructures within protected area
Government of Nepal Working Procedure for Good Governance 2069 BS
Compensatory plantation in the ratio of 1:2 for
hydropower projects till the national production
reaches 5000 MW
Forestry clearance procedures within forest/protected area for Development Project
SN Action Responsibility
1 Identification of forest area needed for road
project
Project Manager (PM)
2 Permission from DNPWC/MoFE to conduct EA PM
3 Preparation of IEE/EIA study PM
4 Approval of IEE/EIA Concerned Ministry/MoFE
5 Determination of national priority project NPC
6 Request letter to MoFE to avail forest PM
7 Forestry clearance approval GoN (Cabinet) through MoFE
8 Tree marking, felling and transportation PM with DFO/Warden/CFUG
9 Sale of felled trees DFO/Warden /CFUG
10 Compensatory plantation work PM or DFO/Warden/CFUG
11 Monitoring of compensatory plantation MoFE/concerned Ministry
SN Name Establishment Area (sq km) Buffer zone (sq km)
1 Annapurna Conservation Area 1962 7629
2 Api Nampa Conservation Area 2010 1903
3 Blackbuck Conservation Area 2009 16.95
4 Gaurishankar Conservation Area 2010 2179
5 Kanchenjunha Conservation Area 1998 2035
6 Manaslu Conservation area 1998 1663
7 Dhorpatan Hunting Reserve 1987 1325
8 Banke National Park 2010 550 343
9 Bardiya National Park 1976 968 327
10 Chitwan National Park 1973 932 175
11 Khaptad National Park 1984 225 216
12 Langtang National Park 1976 1710 420
13 Makalu Barun National Park 1962 1500 830
14 Rara National Park 1976 106 198
15 Sagarmatha National Park 1976 1148 275
16 Shey Pkoksundo National Park 1984 3555 1349
17 Shivapuri Nagarjun National Park 2002 159
18 Koshi Tappu Wildlife Reserve 1976 176 173.5
19 Parsa Wildlife Reserve 1984 499 298.17
20 Shukla Phanta Wildlife Reserve 1976 305 243.5
Total 28583.95 4848.17
Protected Areas of Nepal
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
It entered into force on 1 July 1975. Countries that signed
the Convention become Parties by ratifying, accepting or
approving it.
Roughly 5,000 species of animals and 28,000 species of
plants are protected by CITES against over exploitation
through international trade.
Appendix I - Species threatened , Appendix II - Species
not yet threatened, Appendix III -Species that are
protected by individual countries
The International Union for Conservation of Nature (IUCN)
The IUCN Red List of Threatened Species- IUCN Red List
or Red Data List), founded in 1948, is the world's most
comprehensive inventory of the global conservation
status of plant and animal species.
The IUCN aims to have the category of every species re-
evaluated every 5-10 years
Categorize the species; Extinct (EX),Extinct in the Wild
(EW), Critically Endangered (CR),Endangered (EN),
Vulnerable (VU), Near Threatened (NT), Least Concern
(LC), Data Deficient (DD) and Not Evaluated (NE)
Ramsar Convention (The Convention on Wetlands of International Importance), 1971
It is an international treaty for the conservation and
sustainable utilization of wetlands.
Currently, the number of Ramsar sites is 2,143
covering an area of 205,430,026 hectares.
There are 10 wetland listed in Ramsar sites from
Nepal- 60,561 hectares.
The Constitution of Nepal 2072 (2015 AD)
Property Rights as Fundamental Rights
Every citizen shall have the right to acquire, own,
sell, dispose of and deal with property.
In case the state acquires or establishes the rights
over individuals’ property for public welfare, the state
will compensate for the loss of property.
The process and the procedures shall be as
prescribed by the law.
Land Acquisition Act 1977 and Guidelines 1989
Land - land belonging to any person, and walls,
building, trees, etc., permanently installed thereon.(Section 2(a) LAA -1977)
Govt. can acquire land
– Where ? -- any place
– How much ? -- any quantity
– How ? – by giving compensation
– Condition – public purpose for operation of any
development project initiated by govt. institutions
A. Initial Procedures
Identify the area of land to be acquired and
requests authorization from the concerned
Ministry or Department to proceed with
acquisition (related to Section 3, 4)
B. Preliminary Action With Compensation -15 days (5,6)
Confirm the place and land
With At least Gazetted 3rd class officer or Head of the
Office
Notice – at accesses places
Survey or mapping
Considered suitable for acquisition Submit Report
C. Notification of Land Acquisition
Purpose for which the land is to be acquired
What to acquire - land or along with the houses
and walls located thereon,
Name of the V.D.C. and Municipality ward no.
Plot number- Area of Land
Notice-to Area of the land, District government
office, Concerned V.D.C. or Municipality Office,
The Land Revenue Office
Voluntarily Acquisition of Land (Section 27)
Acquisition of Land Through Negotiations
- Without Compensation
- No Procedures are needed.
Labor Act 2074 (B.S.)
No discrimination of labor based on religion,
region, race, sex, ethnicity, language
Equal wage of same work for men and
women
8 hour per day and 48 hour of one week
working hour
Provision of Occupational Safety and Health
(OSH) equipment based on nature of work
Child labor are prohibited (age below than 16 years)
Labour Rules, 2050 (1993)
In chapter-3 of this rules describes that there will be
no discrimination in remuneration to male or female
worker or employee for engaging them in the works
of the same nature of functions.
This chapter also dictates regarding provision of
compensation against injury, Compensation in case
of grievous hurt resulting in physical disability,
Compensation in case of death of any workers/ or
employee
Public Road Act, 1974 (A. D.)
The Act prohibits the construction of permanent
structures(buildings) within road Right of Way (RoW).
If road projects require land and/or other properties
during construction, rehabilitation and maintenance,
compensation is determined by the Chief District
Officer (CDO).
International Labor Organization (ILO 169), 1989
Article 7 of the convention provides the right to the
indigenous and tribal people to decide their own
priorities for the process of development
Articles 12, 13, 14 and 15 safeguard rights of the
indigenous people in the land and natural resources
in territories traditionally occupied by them.
Indigenous Nationalities Act 2002 A.D.
GoN has identified 59 indigenous ethnic groups
Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972
The World Heritage List - created under the terms of the
Convention Concerning the Protection of the World Cultural
and Natural Heritage
Sites inscribed include 725 cultural, 183 natural and 28
mixed properties in 153 States Parties.
Nepal ratified the convention in 1978 and so far, four
properties have been recognized:
– Two cultural, the Kathmandu Valley and Lumbini,
– Two natural sites, Sagarmatha National Park and
Chitwan National Park.
Asian Development Bank
ADB Safeguard Policy Statement, 2009
It consists of FOUR operational policies Environment,
Indigenous people and Involuntary resettlement.
SR1: Environment- Policy principles
SR 2: Involuntary Resettlement
SR 3: Indigenous Peoples
SR 4: Special Requirements for Different Finance
World Bank Safeguards Policy
Environmental and Social Framework (ESF)
October 1, 2018
ESS1: Assessment and Management of Environmental and SocialRisks and Impacts
ESS2: Labor and Working Conditions
ESS3: Resource Efficiency and Pollution Prevention andManagement
ESS4: Community Health and SafetyESS5: Land Acquisition,Restrictions on Land Use and Involuntary Resettlement
- ESS5: Land Acquisition, Restrictions on Land Use andInvoluntary Resettlement
- ESS6: Biodiversity Conservation and Sustainable Management ofLiving Natural Resources
- ESS7: Indigenous Peoples/Sub-Saharan African HistoricallyUnderserved Traditional Local Communities
- ESS8: Cultural Heritage
- ESS9: Financial Intermediaries
ESS10: Stakeholder Engagement and Information Disclosure
Environmental and Social Framework (ESF)-October 1, 2018
Safeguards Management Approach and Measures
Compliance Approach
• Avoidance of the
Impact
• Minimization of the
impact,
• Mitigation of impact
Compliance Measures
• Mitigation Measures
• Compensatory
Measures
• Enhancement
Measures
DO BETTER rather than DO NO HARM
Safeguards Instruments…..
Social Safeguards
• Social Screening,
• Resettlement Action Plan
(RAP)
• IPDP/VCDP
• GAP
Environmental Safeguards
• Environment Screening,
• EIA or IEE or and Site
Specific Environmental
Management Plan (EMP)
Steps to be followed for Safeguard Compliance
Project Identification/Pre-feasibility:
• Environmental and Social Screening
Feasibility Studies:
• Initial Environmental Assessment (IEE)
• Environmental Impact Assessment
• or and preparation of Site Specific SE-MAP
Difference between IEE and EIA
Initial Environmental Examination
(IEE)
Small scale proposal
Works on known impacts
May recommends for further study
Legal basis
No scoping but ToR required
No auditing
Deed of inquiry and public notice
Approved by concerned Ministry
Proposal included in schedule 1 of
EPR, 1997
Environmental Impact Assessment
(EIA)
Large scale proposal
Also works on unknown impacts
No further recommendation
Legal basis
Scoping/ToR required public notice
Auditing required
Public hearing required
Public notice for EIA disclosure
Approved by MoFE
Included in schedule 2 of EPR,
1997
IEE Procedure
Preparation of ToR and approval from concerned ministry
Public Notice ( 15 days);
Collection of deed of inquiry of published notice
Collection of public Views/Field investigation- baseline-
identification of impacts-mitigation measures
Preparation of IEE report as per EPR –template
Approval from concerned ministry
Preparation of Site Specific S-EMAP
List out the major environmental impacts based on
IEE/EIA reports
Verification of issues/impacts with site visit and public
consultation (if required)
Make a joint discussion with Social and Technical team
on issues and proposed mitigation measures for Social
and environmental issues/impacts
Prepare draft S-EMAP report with detail of different
plans integrate with technical design report
Ensure the cost of S-EMAP in DPR
• Instructions on safeguard during pre bid meeting
• Verification of S-EMAP works (joint survey)
• Provide feedback for design alternative
• Site Clearance; acquisition of land, demolish/relocation of
structures, forest clearance
• Orientation to Users-LCC/contractors-manager- adverse
impacts and mitigation measures (cost/time line/ responsibility)
• Records every loses/impact and against reports
• Grievance record and address
• Facilitate/empower/enforce for implementing plans
• Ensure the impact are mitigated/compensated-monitoring
Implementation of S-EMAP
Safeguard
Screening
Field
Assessment-
Baseline/Imp
act record
Formation of
Committees
Collection of
recommenda
tion/consent
IEE/EIA&S-
EMAP
Bid
Invitation
Assistance
distribution-
Deed
Transfer
Integration
of Safeguard
works in
BoQ
DMC
Certification
Orientation
to all
stakeholders
Site clearance
(forest/structu
res/utilities
Civil
Contract
Award
Regular Monitoring
(CBPM/DMC/
Bi-Monthly)-
Grievance handling
Implementatio
n of EMP-
VCDP-GAP
Summary Diagram of Safeguard Management