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

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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.

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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.

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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.

Legal Framework- Social Safeguards

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 Conventions Safeguard Policies

This page in:

•English

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 in Development Projects

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

EIA procedure

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

Environmental and Social Safeguard Compliance

Monitoring Checklist.docx

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Road alignment changed to save a tree

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Thank you for your Patience….!