Federal Republic of Nigeria
ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMWORK
(ESMF)
FOR
STATE GOVERNANCE CAPACITY BUILDING PROJECT
(SGCBP)
DRAFT FINAL REPORT
Submitted to:
The World Bank
104 Yakubu Gowon Way
Asokoro, F.C.T. Abuja
Nigeria
Submitted by:
Earthguards Limited
Suite 45, (3rd Floor),
God’s Own Plaza,
4 Takum Close, Area 11, Garki,
F.C.T. Abuja, Nigeria.
Email:
Website: www.earthguards.net
November, 2008
Environmental and Social Management Framework for SGCBP
ACRONYMS
AU African Union
BASEPA Bauchi State Environmental Protection Agency
CABS College of Administrative and Business Studies
CBOs Community Based Organizations
CPS Country Partnership Strategy
DFID Department for International Development
EA Environmental Assessment
ECOWAS Economic Community of West Africa States
EIA Environmental Impact Assessment
EPAD Environmental Protection Assessment Department
EMS Environmental Management Systems
ESIA Environmental and Social Impact Assessment
ESMF Environmental and Social Management Framework
EU-SRIP European Union –Support to Reforming Institutions Program
FEPA Federal Environmental Protection Agency
FMEH&UD Federal Ministry of Environment, Housing and Urban Development
FMF Federal Ministry of Finance
ISDS Integrated Safeguards Data Sheet
ITCZ Inter-Tropical Convergence Zone
KEPA Kaduna Environmental Projection Agency
LGAs Local Government Authority
MDA Ministries Department and Agencies
MDC Management Development Center
M&E Monitoring and Evaluation
NEEDS National Economic Empowerment and Development Strategies
NPCU National Project Coordinating Unit
NGOs Non-Governmental Organisation
PAD Project Appraisal Document
PCN Project Concept Notes
PFM Public Financial Management
PHC Public Health Care
SEPA State Environmental Protection Agency
SDC Staff Development Center
SPCU State Project Coordinating Unit
SGCBP State Governance Capacity Building Project
SSA Sub-Sahara Africa
SPC State Planning Commission
TDS Total Dissolved Solids
TOR Terms of Reference
WHO World Health Organisation
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TABLE OF CONTENTS
TABLE OF CONTENTS 2
LIST OF TABLE 4
LIST OF FIGURE 5
EXECUTIVE SUMMARY 6
CHAPTER ONE: INTRODUCTION 7
1.1 Objectives of the Environmental and Social Management Framework 8
1.2 Study Approach & Methodology 8
1.2.1 Literature Review 8
1.2.2 Data Gathering 9
CHAPTER TWO: PROJECT COMPONENTS 10
2.1 Component 1: Public Financial Management and Procurement Reforms 10
2.2 Component 2: Human Resource Management and Capacity Development 10
2.3 Component 3: Monitoring and Evaluation System Development 11
2.4 Component 4: Responsive Support for State Specific Requests 11
CHAPTER THREE: BASELINE DATA 12
3.1 The Bio- Physical Environmental Features 12
3.1.1 Physical Environment 13
3.1.2 Biological Environment 16
3.2 Social -Economics 17
CHAPTER FOUR: POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 20
4.1 Policy Framework 20
4.2 Legal Framework 20
4.2.1 Federal 20
4.2.2 State 22
4.3 Assessment of the Legal Framework 22
4.4 International Environmental Agreements 23
4.4 World Bank Safeguard Policies 24
CHAPTER FIVE: POTENTIAL IMPACTS AND MITIGATION MEASURES 25
5.1 Potential Impacts 25
5.2 Environmental Impacts 26
5.2.1 Construction Phase 26
5.2.2 Operation Phase 27
5.3 Social and Health Impacts 27
5.3.1 Construction Phase 27
5.3.2 Operation Phase 28
5.4 Mitigation 29
5.4.1 Mitigation Measures 29
5.4.2 Mitigation Funding 32
CHAPTER 6: IMPLEMENTATION ARRANGEMENTS FOR ENVIRONMENTAL MANAGEMENT 33
CHAPTER SEVEN: PUBLIC CONSULTATION PLAN 35
7.1 Objectives 35
7.2 Identifying Stakeholders 35
7.3 Consultation Strategies 35
ANNEX 1: List of Persons Contacted 37
ANNEX 2: Summary Of World Bank Environmental And Social Safeguard Policies. 38
ANNEX 3: Draft EIA /ESIA Terms Of Reference 41
ANNEX 4: Contract Provisions: Environmental and Social Impacts 43
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LIST OF TABLE
Table 3.1: Nigerian Ambient Air Quality Standard 14
Table 3.2: Air Quality Classification Based on TSP Values 14
Table 5.1: Potential Environmental and Social Impacts of the SCBGP II 24
Table 5.2: Summary of Environmental and Social Mitigation Measures 29
Table 6.1 Institutional Capacity Strengthening Program 33
Table 7.1: Stakeholder Identification Matrix 34
LIST OF FIGURE
Figure 3.1: Map of Nigeria showing the 36 states of Nigeria 12
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EXECUTIVE SUMMARY
The State Governance and Capacity Building Project-II (SGCBP-II)) is a public sector management project operating in the existing SGCBP-I states of Kaduna, Bauchi and Cross River; and with potentials to be extended to Anambra, Ekiti, Kwara, Niger, Plateau and Yobe states.
The project development objective is to strengthen the capacity and quality of the public financial and procurement management systems personnel and payroll management system and monitoring and evaluation system.
By improving these governance systems at state level, SGCBP II will support achievement of the third pillar of National Economic Empowerment and Development Strategy (NEEDS), which seeks to change the way government does its business and also the Country Partnership Strategy (CPS) of the World Bank and DFID.
The four components of this project are as follows:
Component 1: Public Financial Management and Procurement Reforms
Component 2: Human Resource Management and Capacity Development.
Component 3: Monitoring and Evaluation System Development
Component 4: Responsive Support for State Specific Requests
Based on the categorization of projects, funded by the World Bank, the SGCBP II is classified as a Category B (FEPA classification - Category 2) project and therefore triggering the World Bank Safeguard policy OP/BP 4.01 – Environmental Assessment.
The OP/BP 4.01 entails that the project would need to develop Environmental Assessment documents such as the Environmental and Social Management Framework (ESMF), Environmental Impact Assessment (EIA) and the Environmental Management Plan (EMP).
The ESMF is developed with a primary objective to improve decision making and to ensure that the design, construction, expansion, upgrading or rehabilitation of educational and judicial facilities being considered under the proposed project are undertaken in an environmentally sound and sustainable manner.
While the secondary objective is to ensure that in-country capacity, regulatory framework; principles and procedures are established to provide a basis for environmental assessments of all sub-projects to be carried out under this restructured project.
In developing the ESMF document certain mitigation measures were recommended to manage potential environmental and social impacts and were expressed in broad categories such as physical, biological and social. These will help minimize or adverse the potential environmental and social impacts associated with the propose project
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CHAPTER ONE: INTRODUCTION
The State Governance and Capacity Building Project-II (SGCBP-II) is a public sector management project operating in the existing SGCBP-I states of Kaduna, Bauchi and Cross River; and with potentials to be extended to Anambra, Ekiti, Kwara, Niger, Plateau and Yobe states. This project which is the principal Bank instrument for supporting governance reforms at the sub-national level in Nigeria, is a restructured one of the SGCBP-I and the main reasons for the re-structuring are to address implementation difficulties; respond to new priorities of the state governments; ensure the productive use of uncommitted funds; and enhance overall achievement of the project development objective. The restructuring provides the opportunity to enhance ownership, knowledge sharing and commitment to reforms by engaging the participating states and the Federal Ministry of Finance (FMF) in the restructuring process and reflecting new priorities of state governments.
The project development objective is to strengthen the capacity and quality of (a) the public financial and procurement management systems (b) personnel and payroll management system and (c) monitoring and evaluation system. By improving these governance systems at state level SGCBP II will support achievement of the third pillar of National Economic Empowerment and Development Strategy (NEEDS,)which seeks to change the way government does its business and also the Country Partnership Strategy (CPS) of the Bank and DFID.
The proposed changes from SGCBP-I include: (i) refocusing of the project development objectives to make them more realistic and achievable, and revision of project results framework and monitoring arrangements; (ii) minor adjustments to existing sub-component and activities, to address gaps in the capacity of some key stakeholders; (iii) the addition of a new component, necessary to align the project to the new reform agenda and priorities in the participating states, as well as complement the implementation of other sub-project components; (iv) reallocation of credit proceeds to reflect changes in work program priorities and enhance the productive use of credit proceeds; and (v) strengthening the institutional framework to address sources of delay in project implementation.
Some of the activities under the proposed project as identified in the restructuring project paper will involve civil works especially on the physical renovation of the College of Administration and Business Studies (CABS, Bauchi) and the Staff Development Center (SDC, Kaduna). There will also be civil works on the up-grading of judicial facilities in Calabar, Cross River State.
The World Bank’s Operational Policy (OP) 4.01 requires that an Environmental and Social Management Framework (ESMF) be prepared which will establish a mechanism to determine and assess future potential environmental and social impacts of project investments and then to set out mitigation, monitoring and institutional measures to be taken during design, implementation and operation of the subproject’s activities to minimize adverse environmental and social impacts to acceptable levels.
1.1 Objectives of the Environmental and Social Management Framework
The primary goal of this ESMF is to improve decision making and to ensure that the design, construction, expansion, upgrading or rehabilitation of educational and judicial facilities being considered under the proposed project are undertaken in an environmentally sound and sustainable manner.
The secondary goal is to ensure that in-country capacity, regulatory framework; principles and procedures are established to provide a basis for environmental assessments of all sub-projects to be carried out under this restructured project
More specifically, the purpose of the ESMF is to:
Assess the potential environmental and social impacts of the sub-projects (rehabilitation, up-grading, or new constructions), whether positive or negative and propose mitigation measures;
Inform the project preparation team and the Nigerian Government of the potential impacts of different anticipated sub-projects and relevant mitigation measures and strategies;
Establish clear directives and methodologies for the environmental and social screening of sub-projects to be financed by the project; and
Identify potential environmental policies, legal and institutional framework pertaining to the project.
1.2 Study Approach & Methodology
The ESMF study was prepared in accordance with applicable World Bank safeguard policies and Nigerian environmental impact assessment guidelines. The distinct phases of the study include:
§ Data Gathering;
§ Literature review;
§ Reconnaissance Surveys and visits to potential sub-projects sites;
§ Characterization of the baseline conditions;
§ Identification of potential impacts;
§ Identification of impact mitigation measures;
§ Preparation of an Environmental and Social Management Plan; and
§ Preparation of sub-project guidelines.
1.2.1 Literature Review
The approach was based on review of available literature and other strategic planning documents at the national and state level. Specifically, the following were reviewed: Project Concept Notes (PCN), draft Project Appraisal Document (PAD), concept-stage Integrated Safeguards Data Sheet (ISDS) of the SGCBP-I. In addition, the restructuring project paper and the SCBGP-II ISDS were consulted. Also consulted were the general environmental management conditions for construction contracts; federal and state environmental laws regulations, decrees, acts, policies and guidelines; World Bank safeguard policies and other relevant documents.
1.2.2 Data Gathering
The consultant assembled and evaluated relevant baseline data related to the physical, biological and socio-cultural environment of the country. The baseline data reviewed included: topography, soil, water resources, climate and meteorology; biological and socio-economics data.
Field visits were made to Cross River, Kaduna and Bauchi States. During the field visits to the states, discussions were held with officials of relevant state ministries and agencies. (See Annex 1.0 for complete list).
Using the specific circumstances of each state visited, the particular technical operations of each State project coordinating unit, including related agencies such as environmental protection agencies/authorities were studied, their capacity to implement the proposed environmental and social management process and mitigation measures was assessed, and discussions held to determine appropriate recommendations for improvement in service delivery, mitigation, monitoring, institutional requirements and their training and capacity building needs.
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CHAPTER TWO: PROJECT COMPONENTS
SGCBP II seeks to support reforms in participating states and pilot local governments towards improved fiscal, public financial management, and personnel and payroll management systems, including public procurement, multi-year budgeting and fiscal planning, tax administration, capacity development, monitoring and evaluation. There are four components:
2.1 Component 1: Public Financial Management and Procurement Reforms
This aims to develop and modernize the Public Finance Maintenance (PFM) systems of participating states, with the objective of improving its efficacy and quality in managing public financial resources. To enhance macroeconomic management and quality of public expenditure, the component will support fiscal planning and standardization of PFM procedures, processes, and reporting among participating state governments for consistency with the federal government. Activities will include:(a) fiscal responsibility legislation and implementation; (b) strengthening capacity for budget preparation, presentation, implementation and monitoring; (c) accounting, and financial reporting; (d) strengthening audit and oversight role of the State Houses of Assembly; (e) improving tax administration (f) modernization and automation of financial management system; and (g) public procurement reforms and capacity building. These activities are in line with the follow-up action plans that are part of the PEFA and PERs undertaken by the some potential candidate states. The PFM component will be coordinated with other development partners’ support in the selected states where applicable (e.g. with EU-SRIP in Anambra state).
2.2 Component 2: Human Resource Management and Capacity Development
Diagnostic work undertaken by the World Bank and other development partners highlight the depth of human resources capacity and systemic weaknesses that undermine the credibility of PFM, payroll and personnel management systems. They also highlight the fact the wage bill constitute one of the biggest items of government expenditure and subject to weak controls and abuses with negative impact on the quality of public expenditure. The objective of this component will be to provide targeted capacity building to PFM-related ministries, departments and agencies, as well as strengthen personnel and payroll systems to minimize abuse and redirect potential savings to improve services. Activities include conduct of a thorough assessment of existing skills and training needs of PFM and procurement related Ministries Department and Agencies (MDAs); targeted short to medium term training, provision of logistic support, and development, modernization and linking of payroll and personnel databases the state public service.