Sarazina Mumu Infrastructure Investment Facilitation

Center (IIFC)

ENVIRONMENTAL AND SOCIALCONSIDERATIONS FOR PPP PROJECTS

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Sustainable Development

““Sustainable” Sustainable” developmentdevelopment is called “equitable is called “equitable and balanced,”and balanced,”

Development Development should balance the interests of should balance the interests of present and future generation, in three major present and future generation, in three major interrelated areas–interrelated areas–

Economic, Economic, Environmental.Environmental.Social, Social,

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Emergence of EIA and SIA

Social Aspects

Social impact assessment Land AcquisitionResettlement/Rehabilitation

Involuntary ResettlementIndigenous people

Legislative Framework

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Legal and Institutional Framework Legal and Institutional Framework

• NATIONAL LEGISLATION- Acquisition and Requisition Ordinance, 1982 amended 1994,1995 and 2004

• WORLD BANK’S SAFEGUARD POLICIES

OP 4.12 Requirements (Involuntary Resettlement) OP 4.10 Requirements (Indigenous Peoples)

• NATIONAL LEGISLATION- Acquisition and Requisition Ordinance, 1982 amended 1994,1995 and 2004

• WORLD BANK’S SAFEGUARD POLICIES

OP 4.12 Requirements (Involuntary Resettlement) OP 4.10 Requirements (Indigenous Peoples)

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Social Impact AssessmentSocial Impact Assessment

Social impact assessment (SIA) refers to assessing a broad range of impacts/consequences likely to be experienced by a broad range of social groups due to some course of action.

•Social profiling: Demographic issues

•Social assessmentExplore in depth by collecting primary data, community participation to build a picture of social effect an action

Social impact assessment (SIA) refers to assessing a broad range of impacts/consequences likely to be experienced by a broad range of social groups due to some course of action.

•Social profiling: Demographic issues

•Social assessmentExplore in depth by collecting primary data, community participation to build a picture of social effect an action

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Steps of Social Impact Assessment

1.Scoping –potentially impacted people(s)/group(s) & their concerns to determine type, scale & focus of assessment2. Formulation of alternatives – consider reasonable alternatives to the proposal based on needs ofcommunity/society3.Profiling4.Projection5.Assessment – try to determine magnitude of impacts, what is potential for avoidance/mitigation6. Evaluation – assess tradeoffs: net benefits? For whom? Net costs & for whom? Is overall impact acceptable?7. Mitigation8. Monitoring/management

Land acquisition

“Land Acquisition” means acquiring of land for some public purpose by government/government agency, as authorized by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency.”

“Land Acquisition” means acquiring of land for some public purpose by government/government agency, as authorized by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency.”

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Case i) LAND PURCHASE BY SPONSOR (THROUGH NEGOTIATION)

No RAP is required in such cases and development may start immediately.

Case ii) LAND ACQUISITION BY GOB (WITH GOB OR SPONSOR FUND)

• Land Acquisition Plan (LAP), prepared by concerned authority.

• Compensation payment made by DC to the affected persons.

Land acquired and handed over to authority and development starts

Land acquisition phase

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Case iii) LAND ACQUISITION BY GOB (FOR AVAILING WORLD BANK FINANCES)

–Disclosure (of Project information) and Consultations (with potential affected persons), by project sponsor and/or engaged consultants. - Resettlement Action Plan (RAP) preparation, The RAP will include:

Project Affected People (PAP) list Compensation policyCompensation Matrix and Entitlement Plan Relocation Plan (RP), if anyIndigenous People Development Plan, IPDP (if required)

Case iii) LAND ACQUISITION BY GOB (FOR AVAILING WORLD BANK FINANCES)

–Disclosure (of Project information) and Consultations (with potential affected persons), by project sponsor and/or engaged consultants. - Resettlement Action Plan (RAP) preparation, The RAP will include:

Project Affected People (PAP) list Compensation policyCompensation Matrix and Entitlement Plan Relocation Plan (RP), if anyIndigenous People Development Plan, IPDP (if required)

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Detail Methodologies of SIA and RAP reports.

MappingMapping

Determination of ‘Area of Influence/ Impact Zone/ Study

Area’

Determination of ‘Area of Influence/ Impact Zone/ Study

Area’

Plan forMonitoring and

Evaluation

Plan forMonitoring and

Evaluation

Development of mitigation &

implementation plan

Development of mitigation &

implementation plan

Socio-economic Survey

Socio-economic Survey

Stakeholder Participation and

Consultation

Stakeholder Participation and

Consultation

Identification of

Stakeholders

Identification of

Stakeholders

IdentificationOf

Impacts

IdentificationOf

Impacts

Activities/ Tasks of

SIA&

RAP

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ResettlementResettlement

Resettlement is the process of moving people to a different place to live, because they are no longer allowed to stay in the area Where they used to live.

- Involuntary Resettlement- Indigenous People

Resettlement is the process of moving people to a different place to live, because they are no longer allowed to stay in the area Where they used to live.

- Involuntary Resettlement- Indigenous People

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Impacts of Resettlement WB’s policy covers direct economic and social impacts of involuntary taking of land Relocation or loss of shelter Lost of assets Loss of income sources Loss of livelihood

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Involuntary resettlement

Avoid land acquisition wherever possible If unavoidable, pay compensation as existing

market price Resettlement plan to incorporate in the

mitigation measure Monitoring of resettlement plan.

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The objective must be such that the displaced persons should be assisted to:

livelihoods restoration/improve Improve/ restore standards of living

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CompensationCompensation

legal term referring to the financial compensation recoverable by reason of another's breach of duty; the money paid or awarded to a plaintiff.

legal term referring to the financial compensation recoverable by reason of another's breach of duty; the money paid or awarded to a plaintiff.

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INDIGENOUS PEOPLES PLAN

•The Bank will not assist development projects that involve encroachment on lands being used or occupied by vulnerable indigenous, tribal•They are provided to at least mitigate the negative or adverse effects of such projects on these people, their cultures and their environments. •Key concerns in EA, therefore, relate to the preferences of indigenous, tribal, low-caste or ethnic minority people and their responses to development opportunities.

INDIGENOUS PEOPLES PLAN

•The Bank will not assist development projects that involve encroachment on lands being used or occupied by vulnerable indigenous, tribal•They are provided to at least mitigate the negative or adverse effects of such projects on these people, their cultures and their environments. •Key concerns in EA, therefore, relate to the preferences of indigenous, tribal, low-caste or ethnic minority people and their responses to development opportunities.

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Issue 1982 ORDINANCE OP 4.12

Coverage Legal owners, Tenants, Share-croppers

All affected parties, including squatters and illegal occupants

Compensation Based on market values over previous 12 months

Replacement cost at current market price

Requires livelihood restoration component

Comparison: Bangladesh Law and World Bank OP 4.12Comparison: Bangladesh Law and World Bank OP 4.12

Minimization of impacts

Discourages unnecessary acquisition but no mechanism to monitor

Alternative analysis required to justify avoidance and/or mitigation of impacts

Consultation No consultation required Consultation as core issue in RAP preparation and implementation

Relocation assistance

No assistance provided Required

Livelihood restoration

Not addressed Livelihood restoration component and attention to post-resettlement required

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The major social issues related to infrastructure projects include

(i) Land acquisition(ii) Involuntary resettlement; (iv) Public consultation, participation, and consensus building.

The major social issues related to infrastructure projects include

(i) Land acquisition(ii) Involuntary resettlement; (iv) Public consultation, participation, and consensus building.

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ENVIRONMENTAL CONSIDERATIONS FOR PPP PROJECTS

2020

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The EA should assess the changes in pressures on natural resources in ecologically sensitive areas likely to be introduced by the development investment.

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•• Resource Use Patterns. Assess changes in patterns of access to or use of land, water, forest, pasturage•• Community Participation. •• Identification, Demarcation and Registry of Area. •• Inventory of Flora and Fauna. Survey and analyze fauna and flora and habitats, particularly endangered species, •• Social Infrastructure. Evaluate impacts on schools, medical facilities, communications/transport networks, markets; impacts on water supply, drainage, waste disposal systems. •• Public Health Conditions. Evaluate health risks and diseases in the area; environmental pollution; health, sanitation and hygienic conditions; traditional medicines and practices. •• Institutional Assessment. Determine capacity of local organizations and indigenous groups to participate in decision making, implementation, operations and evaluation.

•• Resource Use Patterns. Assess changes in patterns of access to or use of land, water, forest, pasturage•• Community Participation. •• Identification, Demarcation and Registry of Area. •• Inventory of Flora and Fauna. Survey and analyze fauna and flora and habitats, particularly endangered species, •• Social Infrastructure. Evaluate impacts on schools, medical facilities, communications/transport networks, markets; impacts on water supply, drainage, waste disposal systems. •• Public Health Conditions. Evaluate health risks and diseases in the area; environmental pollution; health, sanitation and hygienic conditions; traditional medicines and practices. •• Institutional Assessment. Determine capacity of local organizations and indigenous groups to participate in decision making, implementation, operations and evaluation.

Issues considered in EIA

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Policy and Legislative Features of Bangladesh

Environmental Policy, 1992

Issues related to improvement of environment in an integrated manner

This policy consists of 15 development sectors including agriculture, industry, health & sanitation and etc

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Environmental Conservation Act, 1995

Established for –

Environmental Conservation, Environmental standard development Environment pollution control and

abatement

Strategy of the Act – Declaration of ecologically critical areas, and restriction on the operation in the ecologically

critical area

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Environment Conservation Rules, 1997

National Environmental Quality Standards for ambient air, various type of water, industrial effluent, emission, noise, vehicular exhaust etc

Requirement for IEE/EIA according to categories of industrial and other development interventions

Project/development intervention is to obtain environmental clearance in two steps

Two steps of environmental clearance are 01. Location/Site clearance02 .Clearance on IEE/EIA

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Ground Water Management Ordinance 1985 National Conservation Strategy, 1992 National Environmental Management Action

Plan, 1995 National Water Policy, 2000 National Water Management Plan, 2001 National Water Bodies Protection Act 2000

Other Relevant Policies and Plans

Policy and Legislative Features of Bangladesh

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Key Environmental Concerns in Bangladesh

Drainage and Flooding River bank erosion and Surface water quality Ground water table and Groundwater quality Arsenic Contamination of Aquifers Saline intrusion Wetland deterioration Land degradation Air Pollution Fish and fisheries Forestry management Biodiversity conservation

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Environmental Assessment

EIA process and institutional linkage

Project need/justification Screening Scoping Baseline data Impact Assessment Mitigation measures

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Environmental Impact Assessment

Significant and Unavoidable Significant but Mitigable Not Significant Beneficial Cumulative Impacts – multiple project/ large scale

program

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Environmental screening and procedures

WB classifies projects into 3 categories:

Category A : Significant adverse environmental impacts Category B : Less diverse environmental impact Category C: Minimal or no environmental impact

DoE classifies projects into 4 categories:

Green Category Orange A Category Orange B Category Red Category

Instruments used are: EIA, environmental audit, screening and etc

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Public consultation is important

Public consultation process is the most effective role in project decision

Consultation with project affected groups during environmental assessment of Category A and B projects

Public consultation should be done as early as possible in project assessment

Publicly disclose the EA report

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Environmental Management Plan

EMP identifies feasible and cost-effective measures that reduces adverse environmental impacts

Project’s EMP consists of mitigation, monitoring, and institutional measures

EMP designed to avoid or mitigate identified environmental impacts.

Adverse impacts can be mitigated by implementation of measures

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Monitoring, supervision and reporting

Environmental monitoring is done to: 1. Predict and compare results of the project 2. To arrive to any conclusion

Monitoring and reporting procedures ensure: 1.early detection of conditions necessary for

mitigation measures 2. Information on the progress and results of

mitigation

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Potential Environmental Impacts

• Pre-Construction (Planning and Design) Phase Natural Habitats Induced Development Soil Stability / Erosion Above environmental issue range from

low sensitivity to high sensitivity

• Construction Phase Flora and Fauna Soil and Land Degradation Vehicular TrafficWaste Management Slope, Erosion and DrainageAir Quality Water Quality

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Potential Environmental Impacts

- Operation and Maintenance Phase Liquid WastesSolid Wastes Air Emission Noise Occupational Health & Safety Smell Visual impact

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EIA AND SIA simply as ‘window-dressing’ to comply with the funding requirements of aid donors(Horberry, 1985). •Fails to institutionalize EIA and SIA within the planning process

At an operational level, the effectiveness of EIA and SIA in developing countries is severely handicapped bylimited financial resources and insufficient technical capacities,

Challenges

Make EIA and SIA both participatory and technocratic.

Greening doesn’t just stop with the award of the contract – your organization will need to work with suppliers to ensure improved environmental performance throughout the life of the project.

Proper EIA and SIA implementation will actually lead to the success of any PPP project as well as development projects.

Key Messages

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THANK YOU