The Republic of Sierra Leone

THE REPUBLIC OF SIERRA LEONE

Ministry of Local Government and Rural Development

DECENTRALIZED SERVICE DELIVERY PROGRAM II PROJECT

Environmental and Social Management Framework

[ESMF]

LIST OF ACRONYMS

DoF Department of Forestry

DLCP Department of Land and County Planning

DPO Development Planning Officer

DSDP II Decentralized Services Delivery Program – Phase II

DSL Department of Survey Lands

EA Environmental Assessment

ESIA Environmental and Social Impact Assessment

ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plan

ESO Environmental and Social Officer

ESS Environmental and Social Specialist

GDP Gross Domestic Product

GoSL Government of Sierra Leone

IDA International Development Association (of the World Bank)

IPAU Integrated Project Administration Unit

LGA Local Government Act

LGFC Local Government Finance Committee

LGFD Local Government Finance Division

MAFFS Ministry of Agriculture, Forestry and Food Security

MDAs Ministries, Departments, and Agencies

MLCPE Ministry of Lands, Country Planning and the Environment

MLGRD Ministry of Local Government and Rural Development

MoFED Ministry of Finance and Economic Development

MoHS Ministry of Health and Sanitation

MSWGC Ministry of Social Welfare, Gender and Children

MTI Ministry of Trade and Industry

MWHI Ministry of Works, Housing and Infrastructure

NEAP National Environmental Action Plan

NGO Non-Governmental Organization

ORAF Operational Risk Assessment Framework

PDO Project Development Objectives

RAP Resettlement Action Plan

RFP Request for Proposal

RPF Resettlement Policy Framework

SLEPA Sierra Leone Environmental Protection Agency

WC Ward Committee

TABLE OF CONTENTS

CHAPTER PAGE

EXECUTIVESUMMARY 46

1.0 INTRODUCTION 420

1.1 Background 420

1.2 Objectives of DSDP II 421

1.2.3 Environmental and Social issues relevant to the project 422

1.3 Purpose and Objectives of the ESMF 423

1.4 Study objectives of ESMF 424

1.5 Approach and methodology for ESMF Preparation 424

1.5.1 Approach 424

1.5.2 Data Gathering 424

1.5.3 Literature Review 424

1.6 Consultations for ESMP Preparation 424

2.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 426

2.1 Legal and Regulatory Framework for Environmental Management 426

2.2 Sierra Leone Environmental Requirements 426

2.2.1 The Constitution of Sierra Leone, 1991 426

2.2.2 The National Lands Policy, 2005 426

2.2.3 Environmental Protection Agency Act, 2008 and the Environmental Protection 427

2.2.4 The Local Government Act, 2004 Error! Bookmark not defined.27

2.3 World Bank Safeguards Policies 428

2.3.1 Management of Cultural Property (OPN 11.03) 428

2.3.2 Bank’s Policy on Disclosure (BP17.50) 428

2.3.3 Involuntary Resettlement (OP/BP 4.12) 428

2.3.4 Forestry (OP/BP3.36) 428

2.3.5 Environmental Assessment (OP 4.01) 429

2.3.6 Natural Habitat (OP/BP 4.04) 429

2.3.7 Physical Cultural Resource (OP 4.11) 429

2.4 Institutional Framework for Environmental Management 431

2.5 National Environmental Policy Goals: 432

2.6 National Environmental Policy Objectives: 432

2.7 Strategies: 432

2.8 Ministry of Lands, Country Planning, and the Environment 433

3.0 DESCRIPTION OF THE DSDP II PROJECT 434

3.1 Description of Potential Subprojects under Component 1 438

3.2 Ineligible Activities 440

4.0 SIERRA LEONE BASELINE PROFILE 441

4.1 Methodology for Data Collection 441

4.2 Climate: 442

4.3 Soils and Hydrology 443

4.4 Natural Resources 443

4.5 Wetlands 443

4.6 Socio-Economic Features 444

4.7 Population 444

4.8 Land Tenure 444

5.0 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS 446

5.1 Methodology for Impact Identification 446

5.2 Potential positive social impacts: 446

5.3 Potential adverse environmental and social impacts: 446

5.3.1 Construction Phase: 447

6.0 ENVIRONMENTAL AND SOCIAL IMPACTS MITIGATIOn principles 450

6.1 General mitigation measures/ principles: 450

6.1.1 Air Quality (particulate emission /dust abatement) management principles 450

6.1.2 Cultural Resources Preservation Principles 450

6.1.3 Constructional Waste Generation and Management Principles 450

6.1.4 Landscape Improvement Principles 451

6.1.5 Water Resource Protection Principles 451

6.1.6 Occupational health and safety Principles 451

6.1.7 Gender Impacts Mitigation Principles 452

6.2 Resettlement principles 452

7.0 ESMF IMPLEMENTATION AND MANAGEMENT 453

7.1 Institutional Arrangement and Inter-agency Coordination 454

7.1.1 Sierra Leone Environmental Protection Agency (SLEPA) 454

7.1.2 Decentralisation Secretariat (DecSec) 454

7.1.3 Local Councils 454

7.1.4 Roles of NGOs 454

7.1.5 Contractors 455

7.2 Capacity building requirements 455

7.3 Awareness creation 456

7.4 Budget for ESMF Implementation 456

7.6 ESMF implementation, Monitoring and reporting 458

7.8 Institutional arrangements for monitoring 459

8.0 PUBLIC CONSULTATIONS AND DISCLOSURE FOR ESMF PREPARATION 460

8.1 Stakeholder consultations 460

8.2 ESMF Disclosure 460

1.1.1 Project description 493

LIST OF TABLES

Table 1: Potential Subprojects 410

Table 2: Summary of ESMF Implementation and Management Arrangements 414

Table 4: Proposed Budget for ESMF Capacity Building Implementation Activities 418

Table 5: List of Potential Subprojects 440

Table 6: Environmental and Social Impacts of Civil Works 448

Table 7: Proposed Budget for ESMF Capacity Building Implementation Activities 456

Table 8: Environmental Monitoring Indicators 458

Table 9: Persons Consulted at National Level and Summaries of Issues Discussed 461

Table 10: Persons Consulted at Local Council Level and Summaries of Issues Discussed 462

Table 11: Persons Consulted at Local Council Level and Summaries of Issues Discussed 463

Table 12: Bo District Council (08/06/2011) 464

Table 13: Makeni City Council (09/06/2011) 465

Table 14: Kenema District Council (10/06/2011) 467

Table 15: Sierra Leone Environmental Protection Agency (01/06/2011) 468

EXECUTIVESUMMARY

Introduction

The Government of Sierra Leone (GoSL) with support from the World Bank (the Bank) is currently preparing a Decentralized Service Delivery Program II Project (DSDP II). Pursuant to the requirements of the Bank, GoSL has prepared an Environmental and Social Management Framework (ESMF). The purpose of the ESMF is to provide strategic guidance for the integration of environmental and social considerations in the planning and implementation of DSDP II activities.

Purpose

The general framework for the assessment and management of environmental and social safeguards of developments/projects in Sierra Leone is codified in the Environmental Protection Agency Act, 2008 and the Environmental Protection Agency (Amendment) Act, 2010. Some development partners, however, have their own respective Environmental and Social (E&S) safeguards procedures and policies that must be followed for projects funded by them. As part of the funding arrangements for the DSDP II, the Bank’s E&S safeguards policy (OP/BP 4.01) must apply. This requires the preparation of an ESMF. The features of the DSDP II that trigger an ESMF are:

·  The project has a number of subprojects and components

·  Various developmental stages to be carried out in modules

·  Subprojects spread over a wide geographic area

·  Implementation phases and duration spread over a number of years

·  Design of subprojects and exact locations for implementation as well as impacts not yet determined at this stage.

The ESMF spells out the E&S safeguards, institutional arrangements and capacity required to use the framework. This ensures that subprojects under the DSDP II meet the national and local E&S requirements and are consistent with OP 4.01 and OP 4.12. It sets out principles and processes within which the subprojects will be implemented agreeable to all parties. The other objectives of the ESMF include:

·  Assessment of potential adverse E&S impacts commonly associated with the subprojects and ways to avoid, minimize or mitigate them.

·  Establishment of clear procedures and methodologies for the E&S planning, review, approval and implementation of subprojects.

·  Development of an environmental assessment (EA) screening/initial assessment system to be used for subprojects.

·  Specification of roles and responsibilities and the necessary reporting procedures for managing and monitoring subproject E&S concerns.

Goal

The goal of the ESMF is to strategically guide the integration of environmental and social issues into the planning and implementation activities of DSDP II so as to enhance any positive and sustainable environmental and social outcomes of the project and to mitigate and manage the adverse impacts. The ESMF will provide all key stakeholders with a framework within which negative environmental and social will be addressed.

Study Objectives

The purpose of the study is to update the existing ESMF for DSDP I and develop a Resettlement Policy Framework (RPF) for the proposed DSDP II for the Government of Sierra Leone to source funds from the World Bank to deepen its Decentralized Service Delivery Program.

Approach and Methodology for ESMF Preparation

The ESMF study has been prepared in accordance with applicable Bank safeguards policies and GoSL environmental guidelines. The distinct phases of the study included:

·  Review of the existing ESMF for DSDP I

·  Data gathering and field visits

·  Consultations and discussions with ministries, departments, agencies, local governments, and non-governmental organizations

·  Environmental screening and scoping

·  Determination of potential impacts

·  Identification of impact mitigation measures

·  Preparation of an Environmental and Social Management Plan (ESMP)

·  Preparation of subproject guidelines

·  Preparation of guidelines for contractors.

Consultations for ESMF Preparation

During the ESMF preparation, consultations were held with the listed ministries, agencies and Local Councils to gain insight on the types of projects handled and how resettlement issues have been addressed, with respect to projects under the DSDP I. The consultations also explored the capacity needs of these organizations to implement the ESMF, and what could be done to enhance the incorporation of resettlement issues for subprojects under the DSDP II. The following organizations were consulted:

·  Ministry of Finance and Economic Development (MoFED)

·  Ministry of Local Government and Rural Development (MLGRD)

·  Ministry of Social Welfare, Gender and Children (MSWGC)

·  Ministry of Health and Sanitation (MoHS)

·  Ministry of Lands, Country Planning and Environment (MLCPE)

·  Sierra Leone Environmental Protection Agency (SLEPA)

·  Department of Social Welfare

·  National Youth Commission

·  Local Government Finance Department (LGFD)

·  Integrated Project Administration Unit (IPAU)

·  National Lands Board

·  Bo City, Bo District, Kenema District, Makeni City, Makeni District and Western Area Local Councils.

A briefing/disclosure meeting on the RPF and ESMF for the leadership of key implementing agencies was held on June 9, 2011 at the IPAU offices.

Policy, Legal and Institutional Framework for Environmental Management

The environmental policy and environmental assessment (EA) legislation and procedures of Sierra Leone and those of the World Bank, which are relevant to the project, are outlined below. In principle, the two sets of policies and procedures on environmental and social assessment are similar in many respects. The relevant Sierra Leone national regulatory frameworks include:

·  Constitution of Sierra Leone, 1991

·  Local Government Act, 2004

·  National Land Policy, 2005

·  Environmental Protection Agency Act, 2008 and the Environmental Protection Agency (Amendment) Act, 2010.

Under the EPA Act, 2008, SLEPA is required to conduct monitoring to verify compliance with given approval/permit conditions, required environmental standards and mitigation commitments. Furthermore, a requirement by SLEPA for an EA precludes any authorizing Local Councils from licensing, permitting, approving or consenting such undertaking, unless notified otherwise.

The World Bank’s ten safeguards 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 (OPs) are meant to ensure that Bank operations do not lead to adverse impacts or cause any harm. The safeguards policies are divided into environmental and social policies, and include:

·  OP 4.01 Environmental Assessment

·  OP 4.04 Natural Habitats

·  OP 4.09 Pest Management

·  OP 4.12 Involuntary Resettlement

·  OP 4.10 Indigenous Peoples

·  OP 4.11 Physical and Cultural Property

·  OP 4.36 Forests

·  OP 4.37 Safety of Dams

·  OP 7.50 Projects on International Waters

·  OP 7.60 Projects in Disputed Areas.

The proposed DSDP II project may trigger two of the policies: environmental assessment and involuntary resettlement.

Description of DSDP II

The overall objective of the project is to support decentralized delivery of basic services in Sierra Leone. The Project Development Objective (PDO) for the second phase remains unchanged, to: (i) strengthen government capacity to manage decentralized services; (ii) improve availability and predictability of funding for LCs; and (iii) strengthen the Recipient’s intergovernmental fiscal transfer system. In addition to providing LCs with substantially more funding for basic service delivery, Phase I of the program focused on strengthening the institutional and organizational capacity of the government at the central and local levels to enable LCs to fulfil their core devolved functions, while laying the basis of an “umbrella” platform to consolidate all financial flows to LCs. During Phase II, the project will focus more explicitly on translating that institutional and organizational capacity into better service outcomes with continued focus on refining the grants system and mitigating cross-cutting constraints.

Component 1: Grants to LCs. These grants would complement governmental fiscal transfers and flow through the same mechanism as those used by the government. They would cover five sectors: (i) health and sanitation; (ii) education; (iii) rural water; (iv) solid waste management; and (v) social assistance services for the disabled and other vulnerable groups. These funds are currently programmed and utilized towards expenditures for devolved functions based on LC annual work plans and budgets.

Component 2: Capacity Development and Technical Assistance to Strengthen LCs' and MDAs' capacity to carry out their core functions and central government capacity to provide adequate strategic guidance and oversight to LCs. This component will strengthen LCs’ capacity to perform their core functions and MDAs’ capacity to provide adequate strategic guidance and oversight to LCs.

Component 3: Results and Social Accountability. During Phase II, the focus on results will be enhanced by adding a results and social accountability component. This component will support the focus on social accountability throughout the program, which will be scaled up over the implementation period to keep adding new districts beyond the initial four pilot districts. The project will work with stakeholders at the central and local levels to improve communication, information dissemination, and performance monitoring, which is expected to enhance the quality of service delivery.

Component 4: Project Management. The objective of this component is to ensure timely implementation and satisfactory monitoring of the project. The component will finance administrative costs related to the implementation of capacity development and social accountability components (Components 1, 2, and 3). This component will finance specific operational costs of the Integrated Project Administration Unit (IPAU). It will also support capacity building to strengthen such areas as fiduciary management, intergovernmental coordination, monitoring, administration, supervision, and auditing. The emphasis will be on improved planning, budgeting, monitoring, and accountability mechanisms with civil society and citizen participation. The program already includes use of information communication technology (ICT) for the instant monitoring of services from selected representative groups. This will be strengthened in Phase II.