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Consultants for Development

ESMF - LGSDP South Sudan

E4109

Environmental and Social

Management Framework

Local Governance and Service Delivery Project

Republic of South Sudan

DRAFT

Dege Consult

December 2012

List of Content

1Executive Summary1

1.1Introduction1

1.2Objective and Scope of Work1

1.3Rationale for Preparing the ESMF2

1.4Policy and Legal Framework2

1.5ESMF Implementation3

1.6Capacity Building for ESMF implementation3

1.7Environmental and Social Impacts3

2LGSD and its components6

3Purpose and methodology10

3.1Purpose10

3.2Methodology10

4Socio-economic and environmental context11

4.1Socio-economic and cultural setting12

4.2Environment and natural resource setting13

5Regulatory and Administrative framework16

5.1Transitional Constitution16

5.2Land Act16

5.3Draft Environment Policy17

5.4South Sudan Development Plan17

5.5Existing institutional setup18

6Applicable World Bank Safeguard Policies19

6.1OP 4.01 Environmental Assessment22

6.2OP 4.10 Indigenous Peoples22

6.3Chance find of physical cultural resources23

7Potential impacts and mitigating measures23

8Capacity development32

8.1Safeguards staff32

8.2Training32

8.3Technical assistance37

8.4Operational support37

9Subproject management procedures37

9.1Subproject preparation and application37

9.2Screening, appraisal and approval of subprojects38

9.3Disclosure of subproject information38

10Environmental Management Plan (EMP)38

11Chance find of physical cultural resources41

12ESMF Monitoring, reviews and evaluation42

12.1Monitoring42

12.2Reviews42

12.3End-of-project evaluation42

13ESMF implementation Budget43

14Public consultation, disclosure and grievances43

14.1Public consultation43

14.2Disclosure43

14.3Feedback and Grievance mechanism44

Annex A - Literature45

Annex B - List of people consulted46

Annex C - Checklist for screening of subprojects47

Annex D - List of subproject that are not eligible for funding50

Annex E - Procedures for chance find of physical cultural resources51

Annex F - Form for appraisal of subproject53

Annex G - Form for field appraisal56

Annex H Format for Documenting Voluntary Land Donation by Individual for Subprojects58

Annex I - Template safeguards procedures for contracts59

Annex J - ESMF reporting form62

Annex K - Guidelines for annual reviews63

Annex L: Template for Environmental Management Plan (EMP)65

Abbreviations

Abbreviation

Explanation

BDC

Boma Development Committee

CBO

Community Based Organization

CDC

Community Development Committee

CDD

Community-Driven Development

CDG

County Development Grants

EIA

Environmental Impact Assessment

EMP

Environmental Management Plan

ESMF

Environmental and Social Management Framework

FP

Facilitating Partner

FTI

Fast Track Initiative

GRSS

Government of the Republic of South Sudan

IDP

Internally Displaced Person

LGB

Local Government Board

LGSD

Local Governance and Service Delivery Project

MoCYS

Ministry of Culture, Youth and Sports

M&E

Monitoring and Evaluation

MoE

Ministry of Environment

MoFEP

Ministry of Finance and Economic Planning

MoGCSW

Ministry of Gender, Child and Social Welfare

NGO

Non-Governmental Organization

OP

Operational Policy

PCSO

Project Coordination and Support Office

PDC

Payam Development Committee

PDG

Payam Development Grants

PMU

Project Management Unit

RoSS

Republic of South Sudan

SSDP

South Sudan Development Plan

TA

Technical Assistance

UNDP

United Nations Development Programme

UNICEF

United Nations Children's Fund

USD

United States Dollar

WB

World Bank


24

Executive SummaryIntroduction

In order to support the Government of the Republic of South Sudan's (GRSS) efforts to deliver services to the population, the World Bank (WB) and bilateral donors are supporting the development of the Local Government Service Delivery Project (LGSD). LGSD aims at supporting improvements in local governance and deliver services to communities through strengthening of community engagement and local government capacities in planning, implementation and oversight of local development activities.

The project development objective of the LGSD is to improve local governance and service delivery in participating counties in South Sudan. LGSD will support a simple process for planning, implementation and oversight of small-scale public infrastructure subprojects corresponding to community priorities, through four inter-related components.

a. Component 1: Block Grants to Counties for Payam Development. The objective of this component is to incentivize citizen engagement and county capacity development by providing grants (rule-based resources) through the intergovernmental fiscal transfer system to finance community-driven public infrastructure investments.

b. Component 2: Community Engagement. The objective of this component is to facilitate and strengthen the engagement of communities in the planning, implementation and oversight of local development activities, with a particular focus on vulnerable social groups (including women, elderly, youth, disabled, displaced, returned, minority ethnic groups etc.) and their access to social and economic infrastructure.

c. Component 3: Institutional Strengthening. The objective of this component is to increase the capacity of county governments to fulfill the roles and functions required to effectively implement the local development investment cycle.

d. Component 4: Project Management Support. This component will support the management of the project, including technical, financial, procurement, social and environment safeguards, monitoring and evaluation; spot checks and Annual Performance Audits of county grant management and individual subprojects as well as annual Project Financial Audits; implementation of a grant monitoring system, project monitoring framework and system as well as project evaluations; and implementation of a grievance mechanism related to all project supported activities.

These components operate in an integrated and complementary manner to strengthen elements of the annual local public investment management cycle of counties, which progresses from participatory identification of and allocation of resources to subprojects, sub-project implementation, reporting and oversight mechanisms. The efficacy of this cycle is dependent on relationships between three main stakeholders—the county governments, communities and higher tiers of government.

Objective and Scope of Work

The objective of this assignment is to assist the Ministry of Finance and Economic Planning (MoFEP) and the Local Government Board (LGB) in assessing the potential impacts of LGSD with respect to the applicable World Bank safeguards policies and to draft an ESMF with the following objectives:

· To identify the potential positive and negative social and environmental impacts of project supported subprojects;

· To identify measures for mitigating adverse social and environmental impacts and measures to enhance positive impacts;

· To establish clear procedures and methodologies for the environmental and social screening, planning, review, approval and implementation of subprojects to be financed under LGSD;

· To specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to subprojects;

· To determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF;

· To establish the project funding required to implement the ESMF; and

· To provide practical resources for implementing the ESMF.

The ESMF was developed based on an extensive literature review, as well as discussions and interviews with key resource persons working for GRSS ministries and donors. Discussions were also held with the civil society representatives and more consultations with community representatives are scheduled and will inform finalization of the ESMF.

Rationale for Preparing the ESMF

It is anticipated that the proposed subproject activities under LGSD will generate potential environmental and social impacts, and measures need to be put in place in order to mitigate the negative impacts and enhance the positive impacts. This involved the review of the relevant environmental and social policies of RoSS namely the draft Environment Policy and draft Environmental Bill, the Land Act 2009 and the relevant World Bank Safeguards Policies including the environmental and social management requirements outlined in the Environmental Assessment policy (OP.4.01). LGSD activities will generate small, reversible and localized impacts, and since the specific activities and exact locations are not known, the indicative list of subprojects was used to identify the likely positive and negative environmental and social impacts. The ESMF, as a safeguard instrument, has been prepared to identify, analyze and mitigate any potential impacts of the project.

Policy and Legal Framework

Only a limited number of RoSS policies and legislations have been developed since independence. The main ones of relevance to environmental and social safeguard measures are the Transitional Constitution, the 2009 Land Act, the National Development Plan, the draft Environmental Policy and draft Environmental Bill.

OP 4.01 World Bank (WB) Operational Policy on Environmental Assessment and Operational Policy 4.10 on indigenous people are triggered by the LGSD. Several subprojects to be financed under Component 1 will have positive environmental and social impacts. Others could potentially result in adverse impacts on the environment. However, given the anticipated small scale of the subprojects, the negative environmental impacts are likely to be localized, temporary, and easily mitigated through sensible construction management techniques, and diligent management practices. This ESMF therefore helps the project comply with the OP 4.01 World Bank. OP 4.11 on Physical Cultural Resources is not triggered. Any project activity that would affect physical cultural resources (graves, sites of religious/spiritual significance, known or unknown sites of cultural significance, etc.) will be excluded from the project.

OP 4.10 on Indigenous Peoples is triggered. Analysis by Bank and other experts confirms that the majority or all people in the project area meet the requirements of the policy. As Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries in South Sudan and the elements of an Indigenous Peoples Plan (IPP) have been incorporated into the overall project design. OP 4.12 on Involuntary Resettlement is not triggered as no land acquisition will be required for subproject implementation. Any subproject requiring land acquisition will be excluded. The ESMF provides a format for recording voluntary community donations of land for subprojects.

ESMF Implementation

The capacity for implementation of the environmental and social management measures as laid out in the Laws and Policies is very limited across the five administrative units, namely - National, State, County, Payam and Boma. The existing capacity of the implementing institutions - MoFEP, LGB, state Ministries of Local Government and Ministries of Finance, and participating counties- to implement the ESMF and other environmental and social safeguard instruments is very limited. However, checklists for screening; formats for preparation, appraisal and approval of LGSD subprojects along with a format for Environmental Management Plan (EMP) as well as procedures for public disclosure and addressing grievances are included in the ESMF.

Capacity Building for ESMF implementation

The project has provided for capacity building and technical support to MoFEP, LGB, PMU, FPs, state ministries of Local Government and Ministries of Finance, and county level institutions in environmental and social safeguards management including implementing and monitoring to increase their effectiveness. A senior safeguards specialist and safeguards officer at the national PMU will oversee safeguards implementation in LGSD; liaise with National and State Environmental Ministries on a regular basis; ensure compliance with ESMF and other safeguard instruments; build capacity and troubleshoot for the state and county level focal points; prepare and implement EMP and other instruments as required; and raise awareness and build capacity of various stakeholders at the state, county and payam levels. Earmarked budget of USD 86,000 will support capacity development of these focal points..

Environmental and Social Impacts

Based on the indicative list of subprojects, consultations and professional judgment, the following are the indicative list of positive and negative social and environmental impacts.

The identified key positive environmental and social impacts include:

· Increased employment opportunities (laborers, guards etc. during construction)

· Increased employment opportunities (guards and small-scale craftsmen: plumbers, carpenters etc. during use and maintenance)

· Increased income (improved market access, increased agricultural production)

· Improved access to basic social services (e.g. education, health care, water, etc)

· Improved health

· Improved aesthetics due to more environmentally friendly construction.

· Improved capacity of state and county focal points due to on-the-job training in environmental and social assessment.

· Improved capacity of MoE to handle chance find of physical cultural resources.

The ESMF has also identified the following key potential negative environmental and social impacts during construction and use and maintenance of subproject facilities:

· Loss of vegetation cover causing erosion of soil and siltation of streams

· Dumping of construction debris

· Use of limited or sensitively located local construction materials such as aggregate and wood

· Dust and noise pollution due to movement of equipment, digging

· Pollution of surface and ground water due to oil and fuel spills and exposure of ground water table

· Chance find of physical cultural resources

· Health hazards due to inadequate cleaning and maintenance of latrines

· Stagnant water causing health hazards

· Health hazards caused by inadequate storage and disposal of medical and other wastes

· Pollution of soil and water resources due to inappropriate collection and disposal of refuse and waste

· Change of water flow causing water shortage, change of water course, etc. downstream

· Safety concerns due to speeding vehicles

· Lowering of water table

Mitigation measures identified for key adverse environmental and social impacts of the subprojects that relate to construction and/or rehabilitation of physical structures are presented below.

Subproject

Potential negative impact

Mitigating measures

Environmental impacts


· Cutting of vegetation to be kept at a minimum, replanting around construction

· Application of appropriate erosion-protection measures, in particular when working on slopes

· Works adjacent to a water resource require temporary barriers on slopes to prevent silt from entering the water resource


· Disposal of construction debris should occur at waste dumps


· Ensure aggregate is only obtained from locations with no risk of river bank collapse, landslides, loss of flora and fauna, etc.

· Minimize the use of wood for construction

· Dust pollution due to movement of equipment, digging

· Prevention of excessive dust emissions including cement dust by careful handling and working under moist conditions as much as possible

· Noise pollution due to use of equipment

· Use of noisy equipment should be concentrated during day-light hours

· Pollution of ground water due to oil and fuel spills and exposure of ground water table

· All solid waste, fuels or oils should be collected

· Ensure the presence of oils spill containment at the construction site

· The bottom of the pit is at least 1.5 m above the water table

· Latrines should be located at least 30 m from any water source

· Occupational health and safety due to hazards from handling of equipment

· The contractor should protect workers by ensuring the use of protective equipment


· Follow procedures in chapter 11 for chance find of physical cultural resources

· Stemming of water flow during construction of bridges causing water shortage, change of water course, etc. downstream

· Leave some channels to allow for continued flow downstream.

· Design bridge to ensure minimum changes in water flow

Social Impacts


· Maintenance plans for school latrines must be developed

· Health hazard due to stagnant water at water points acting as breeding ground for malaria carrying mosquitoes and other vector-borne diseases

· All water facilities must have proper drainage


· Provide collection and disposal system for medical or others wastes, e.g. incinerators or transfer to special dump sites

· Safety hazards due to collapsing latrine pits

· Latrine design standards must be adhered to


· Provide speed control bumps where road is close to community to avoid accidents and dust and noise pollution

· Interference with culturally sensitive sites, graveyards, spiritual sites

· Avoid siting haffirs/boreholes or other water supply structures or any infrastructure even if it involves changing the dimensions and sizes

LGSD and its components

LGSD aims to support improvements in local governance and service delivery by strengthening community engagement and local government capacities in the planning, implementation and oversight of local development activities. The project responds to the unique imperatives in South Sudan—the need to deliver early benefits to communities in the context of weak government capacity while at the same time strengthening government institutions and legitimacy—by combining features of traditional local government and community-driven development operations.

The project development objective of the LGSD is to improve local governance and service delivery in participating counties in South Sudan. LGSD will support a simple process for the planning, implementation and oversight of small-scale public infrastructure subprojects corresponding to community priorities, through four inter-related components. These components operate in an integrated and complementary manner to strengthen elements of the annual local public investment management cycle of counties, which progresses from participatory identification of and allocation of resources to subprojects, sub-project implementation, reporting and oversight mechanisms. The efficacy of this cycle is dependent on relationships between three main stakeholders - the county governments, communities and higher tiers of government.

Component 1: Block grants to counties for payam development. The objective of this component is to incentivize citizen engagement and county capacity development by providing grants (rule-based resources) through the intergovernmental fiscal transfer system to finance community-driven public infrastructure investments. Therefore the project will support Payam Development Grant (PDG), which will complement the existing CDG (funded by the GRSS budget and focusing on county government prioritized infrastructure investment). The PDG will provide dedicated resources within county budgets that respond to payam level priorities for small infrastructure investments. Counties will be the formal budgeting, procurement and accounting authority for the PDG. County eligibility for the PDG will require signature of a Participation Agreement, adequate reporting of prior grant use, and a ‘clean’ audit report for the prior budget year. Allocations to participating counties will be made on an annual basis through a population weighted formula from a national resource envelope. By establishing clear criteria for eligibility of both counties (based on administrative rigor and engagement with communities) and subprojects (based on their responsiveness to community demand), the PDG will also contribute to institutionalizing precedents for sound and responsive county management of the CDG and other resources.

An overview of the allocation of PDG, fund flow and reporting and oversight arrangements is included in figure 2.1 below.

Figure 2.1: PDG allocation, fund flow, reporting and oversight arrangements

The PDG menu includes mainly public goods such as social and economic infrastructure; it may also include ‘club goods’ benefiting local associations where justified.[footnoteRef:1] In order to ensure recurrent budget coverage, improvements to existing schools and health facilities may be funded with the PDG, but unstaffed new facilities will not be eligible. Facilities with essential staff that are currently being run from temporary or substandard structures will be eligible. County governments will be permitted to reserve a maximum of US$5,000 from their annual PDG allocation to cover their own administrative and logistical expenses related to grant planning, management and monitoring. Counties will be responsible for implementing and reporting on PDG financed subprojects, and will be supported to do so under Component 3. [1: Eligibility criteria for club goods (i.e. semi-public collective assets) will be the number of beneficiary households (at least 15-20), nature and equity of resulting benefits, contribution of the investment to enhancing returns from ongoing social or economic activities, and a clear consensus and prioritization during the Boma and Payam planning process.]

Component 2: Community engagement. The objective of this component is to facilitate and strengthen the engagement of communities in the planning, implementation and oversight of local development activities, with a particular focus on vulnerable social groups (including women, elderly, youth, disabled, displaced, returned, minority ethnic groups etc.) and their access to social and economic infrastructure.

Activities supported under this component will include: (a) a carefully designed communication campaign to disseminate the key features of the project and the processes to ensure citizen voice and oversight as well as government accountability; (b) a social and conflict analysis to map the social, ethnic and demographic composition of bomas and payams, leadership structures and inter as well as intra-community tensions; (c) a facilitated inclusive process to establish representative BDCs and PDCs consistent with the government’s Participatory Planning and Budgeting Guide for Local Governments in Southern Sudan[footnoteRef:2]; (d) a facilitated planning process involving BDCs, PDCs and government representatives to identify priority infrastructure investments for financing under the annual grant envelope, and to determine the selection and phasing of subprojects for subsequent years; (e) the participation of communities in the management and oversight of local public infrastructure investments to ensure that they are used in accordance with agreed plans, that infrastructure and service delivery meet established standards, and that access to benefits corresponds to agreed development plans; and (f) a feedback and grievance mechanism established to provide multiple channels and modalities to enable community members, especially those from vulnerable groups, to ensure the integrity and responsiveness of decision-making and resource management by PDCs, FPs, and county and project staff. [2: Membership guidelines that require representatives of women, youth, elders and special groups (disabled, displaced, returnees as applicable) in addition to the traditional Chiefs, will be followed. ]

Through this facilitated local planning and prioritization process, communities will take into consideration: available resources and service deficits at the boma and payam levels; the particular needs of women, youth and vulnerable groups; the drivers and manifestations of local conflict; and the potential for subprojects to promote greater equity or mitigate potential conflict. The payam planning process and resulting Payam Action Plan will also feed into the County Development Plan, which in turn would provide the framework for activities by state government and by non-governmental actors and other donor agencies operating in a particular county so that their activities support the implementation of priority initiatives at the level of both the county and the payams.

Component 3: Institutional Strengthening. The objective of this component is to increase the capacity of county governments to fulfill the roles and functions required to effectively implement the local development investment cycle. This component thus operates in conjunction with the provision of PDG resources in Component 1, and community engagement activities in Component 2. Institutional strengthening of county governments, and of state governments in their roles to support and supervise them, will contribute to improving local governance and thus ‘building the state from below.’ Training will prioritize PDG recipient counties, although within resource constraints staff from other counties may be eligible to participate. Priority areas for LGSD institutional strengthening include those capacities supporting a responsive, effective and transparent local development investment cycle, focusing on the following dimensions: (i) participatory local development planning and budgeting; (ii) financial management; (iii) procurement; (iv) technical (engineering) aspects of local infrastructure planning and implementation; (v) monitoring and reporting; (vi) environmental and social safeguards; (vii) social accountability; and (viii) communication and information dissemination.

Component 4: Project Management Support. This component will support: (a) the management of the project, including technical, financial, procurement, social and environment safeguards, monitoring and evaluation; (b) spot checks and annual County Performance Audits of county grant management and individual subprojects as well as annual Project Financial Audits; (c) implementation of a grant monitoring system, project monitoring framework and system as well as project evaluations based on data collection at initiation, mid-term and completion; and (d) implementation, in collaboration with the CA, of a grievance mechanism related to all project supported activities. Recognizing that various elements of the project (grant allocation and access, planning and budgeting, procurement, institutional strengthening, and the application of safeguards, social accountability and communication/information dissemination) could elicit feedback from participants or become a focus for local disputes, the feedback and grievance mechanism will be integrated into the design of each component, and described fully in the Operations Manual.

The Key institutional actors with respect to the implementation of the LGSD include:

a) MoFEP and LGB at national level and Ministries of Finance and Local Government at state level, which will have overall responsibility for project implementation;

b) The National Project Management Unit (PMU) and state-level Project Coordination and Support Offices (PCSOs) that will provide support to national and state government in core project management and fiduciary functions, primarily financial management, procurement, environmental and social safeguards, and monitoring and evaluation;

c) Technical Assistance (TA) through a competitive tendering process to provide technical support to counties in the areas of local development planning, financial management, procurement and small infrastructure engineering; and

d) NGO FPs that will provide facilitation support to communities to ensure that they can effectively engage in the planning, implementation and oversight of local development activities.

Purpose and methodologyPurpose

The purpose of this assignment is to assist the Ministry of Finance and Economic Planning (MoFEP) and the Local Government Board (LGB) in assessing the potential impacts of LGSD with respect to the applicable World Bank safeguards policies and to draft an ESMF with the following objectives:

· To identify the potential positive and negative social and environmental impacts of project supported activities, subprojects;

· To identify measures for mitigating adverse, and enhancing the positive social and environmental impacts;

· To establish clear procedures and methodologies for the environmental and social screening, planning, review, approval and implementation of subprojects to be financed under the Project;

· To specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to subprojects;

· To determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF;

· To establish the project funding required to implement the ESMF requirements; and

· To provide practical resources for implementing the ESMF

Methodology

The ESMF is primarily based on an extensive literature review as well as discussions and interviews with key resource persons working for donor agencies and government ministries.

The literature review provided information on the existing environmental and social context of the RoSS. Furthermore, the review of relevant GRSS policies and laws, WB safeguard policies, and the Bank’s Appraisal Document for LGSD, provided the background to identification of potential environmental and social impacts. A list of relevant literature is included in Annex A and a list of people consulted is included in Annex B.

Interviews with key resource persons, especially the staff from relevant GRSS ministries, NGOs, UNDP, UNICEF as well as deliberations during workshops held in conjunction with the WB Technical Mission, which took place from 22nd October to 2nd November in Juba, provided additional information and qualified the literature review.

More consultations with community representatives are scheduled and will inform finalization of the ESMF.

Based on the potential adverse environmental and social impacts of the LGSD subprojects a list of mitigating measures has been developed along with procedures for screening of these subprojects. The potential positive social and environmental impacts have also been identified with measures to enhance them. Finally, based on the above, the training and assistance required ensuring appropriate screening, mitigation and follow-up on implementation is included in this document.

Socio-economic and environmental context

RoSS is located in the Nile catchment area, bordering 6 countries: Sudan, Ethiopia, Kenya, Uganda, Democratic Republic of Congo, and the Central African Republic. RoSS covers over 644,000 km2 with altitudes varying between 600 and 3,000 m above sea level, the lowest point found in the extreme north of Upper Nile and the highest in the mountains of eastern Equatoria. A map of RoSS is included below.

Map 5.1: Map of the Republic of South Sudan

Socio-economic and cultural setting

RoSS has approximately 8 to 10 million people[footnoteRef:3], half of which are below 18 years old and 83 % live in the rural areas with an overall life expectancy of 42 years[footnoteRef:4]. The average household size is 7. RoSS is expected to be very close to the bottom of the HDI list[footnoteRef:5]. There are approximately 164,000 IDPs and 200,000 refugees in RoSS.4 [3: According to the 2008 census it was 8.2 million, which was being criticised by some for not including all. Considering that approximately 2 million IDPs and refugees have returned, the number could now exceed 10 million.] [4: "South Sudan 2012 Consolidated Appeal-Mid Year Review", UN, 2012] [5: The whole of Sudan ranked 154 in the 2011 Human Development Report. ]

RoSS has been marginalized during decades of rule by North Sudan, and indicators for basic social services paint a dire picture of the present situation. Half of the population of RoSS lives for less than 1.25 USD /day with 1.6 million people depending on food aid. The poverty, however, is not equally spread with some states having more people below the poverty lines. Poorest is Northern Bahr-El-Ghazal (NBG) with 76 % of the population living below the poverty line; the population of Upper Nile is relatively better off with only 26 % living below the poverty line.4

The under-five mortality rate is 135/1,000 live births, and the maternal mortality rate is 2,054 per 100,000 live births - one of the highest in the world. Only one in four of adults are literate.4 Other basic indicators are included in table 4.1 below.

Table 4.1: Basic indicators4 and [footnoteRef:6] [6: "UN & Partners Work Plan 2011 Mid-Year Review", UN, 2011]

Indicator

Most recent data

Poverty and human development

Poverty line

$26 per month

Proportion of population living in poverty

51%

Average monthly consumption per capita

$33 (79% spent on food)

Proportion of households that used cash in the previous 7 days

53%

Proportion of households that own a phone (urban, rural)

15% (59%, 8%)

Youth aged 15-24 with comprehensive knowledge about HIV/AIDS

11%

Health

Infant mortality (per 1,000 live births)

84

Under-five mortality (per 1,000 live births)

135

Maternal mortality (per 100,000 live births)

2,054

HIV/AIDS

Estimate of HIV/AIDS prevalence among adults aged 15-49

3.1%

Education

Literacy rate above age 15 years (m, f)

27% (40%, 16%)

Net enrolment rate, primary (m, f)

44% (51%, 37%)

Average promotion rate, all primary grades

64%

Primary school pupils per classroom

134

Food Security and Nutrition

Proportion of arable land cultivated

4%

Children under five severely or moderately underweight

30%

Water, sanitation and hygiene

Access to an improved water source (urban, rural)

55% (67%, 53%)

Access to improved sanitation (urban, rural)

20% (53%, 13%)

Proportion of households using sanitary means of excreta disposal

15%

Conflict

There are numerous on-going and dormant conflicts in RoSS. Some of them arise from tensions over the use of shared natural resources. Environmental issues such as desertification, land degradation, and climate change are becoming factors in these conflicts, both as causes and results. For example, the overlap of rangeland with land for cultivation is a major source of conflict, especially when overstocking increases rangeland’s vulnerability to degradation.

Four main categories of natural resources linked to conflict are oil and gas reserves, water, timber, and land. Over the past decades, conflicts have increased among pastoral groups and host communities. And there is the potential for growing inter-community conflicts due to growing competition for land as a result of land degradation, displacement of pastoralists and population growth among cattle herders and farmers, increased cattle raiding among pastoralists in some of the states, and reduced food security and water availability due to rainfall variability and extended and recurrent droughts.

Pollution

The industrial sector in RoSS is limited with industries typically being small-scale workshops for wood processing and metalworking and a number of water purification companies. Large-scale industrial activities are anticipated to increase in the future.

Pollution of water sources is increasing due to urbanization with waste water from households, slaughter houses, hospitals, etc, that has been discharged directly into the environment leading to pollution of soil, water and air.

Environmental health

The majority of the population lives with inadequate access to safe water and sanitation facilities. Inappropriate waste management systems mean that they are exposed to health risks. Limited access to safe water and inadequate sanitation coupled with inappropriate hygiene behaviors is a major cause of diarrhea and other water-borne diseases contributing to the high child mortality rate.

Waste management is mainly a problem in areas with high population density, especially towns. Uncontrolled and open waste dumpsites promote vectors, flies, rodents, pathogens and nasty odors. Insufficient management of waste from health facilities might cause health risks due to unsafe disposal of medical wastes.

Environment and natural resource settingClimate

Overall the climate of RoSS is tropical with wet (April to December) and dry seasons with annual rainfall varying between 200 mm in Eastern Equatoria to 1,200-2,200 mm in the forest zone in Western Equatoria and 700-1,300 mm in the northern states. The rainy season causes seasonal flooding of floodplains. The mean temperatures are between 26 and 32 ºC.

A report from FEWSNET concludes that the climate in Southern Sudan is changing quite drastically: summer rains have declined by 10-20 % and temperatures have increased by more than 1 ºC since the 1970s. Roughly speaking, the productive rain fed crop area is shrinking from the north and from the east, leaving the people in Kordofan, Upper Nile, Jonglei and Eastern Equatoria states more food insecure - if present trends continue people of NBG, Warrap, Unity and Central Equatoria states will also increasingly be affected by climate changes.

Climate changes can, besides its direct impact on food production, also lead to increased conflicts over scarce resources: pastoralists are forced to move to where there is pasture and water, often leading to conflicts with other groups of pastoralists or with farmers. It is not known how climate changes will affect the Nile.

Oil and minerals

Oil exploration is carried out mainly in the states of Jonglei, Lakes and Upper Nile with potential significant negative impacts on the livelihoods of the local communities and the environment, including land degradation and water contamination; dumping of hazardous materials, human wastes, and solid wastes; disruption or relocation of human communities and habitat loss.

There is believed to be substantial minerals in RoSS, including gold, copper and iron. Most of the minerals are still to be explored and unless handled carefully has the potential to adversely affect the environment.

Land resources

Land ownership in RoSS can be divided into three categories: customary, private and public. For details of each category, please refer to table 4.2 below.

Table 4.2: Categories of land ownership[footnoteRef:7] [7: Source: “South Sudan Food Security and Land Governance Fact Sheet”, LANDac – The ISacademy on land governance, compiled by the Royal Tropical Institute (www.landgovernance.org), 2012]

Ownership

Characteristics

Customary

· Covers most of rural areas.

· Is used for residences, agricultural, forestry, and grazing.

· May be granted for life to the landholder and are inheritable.

· Can be subject to usufruct rights and sharecropper agreements but cannot be alienated.

· Allocated by traditional authorities subject to pre-notification of local government authorities and pre-approval of local government authorities for non-residential land over 250 feddans (about 105 hectares)

Private

· Held in perpetuity and includes the right to transfer and dispose of the land.

Public

· Land pertaining to the State, including roads and other public transportation thoroughfares; watercourses over which community ownership cannot be established; and forest and wildlife areas formally labelled as national reserves or parks.

· By default, land over which no private ownership including customary ownership is established is declared public.

Although land in general is readily available, land ownership are not always clear with powerful individuals claiming private ownership of community land.

Erosion of land, particularly on sloping areas with poor vegetation cover is a serious problem that is worsened by cultivation, over-grazing, and land clearing. Erosion can cause loss of soil quality and siltation of water resources.

Water resources and wetlands

RoSS lies within the watershed of the Nile and has both ground and surface water. The surface water is found in lakes and rivers, most notably the Nile. Pollution, construction of dams, irrigation and other diversions of water can affect downstream ecosystems, depriving people of their livelihood and destroy habitats.

The main wetlands of RoSS are the Sudd and Machar. The Sudd wetlands are designated as a Ramsar Site. Three protected areas, the Shambe National Park, Zeraf and Fanyikang Game Reserves are located in the Sudd wetlands. The Sudd wetlands are threatened with pollution as a result of drainage for agricultural production, brick making and industrial expansion and oil exploration.

Livestock

Despite the cultural and economic importance of livestock in RoSS the number of livestock is not known. Livestock keeping depends on rangelands that are being degraded by recurrent droughts and depletion of forests for fuel wood, construction and charcoal production.

Livestock grazing can result in degradation of land through overgrazing of rangelands that reduces the vegetation cover and the production of organic matter, in turn increasing wind and water erosion, and thus decreasing soil fertility and leads to desertification especially of semi-arid and arid lands.

Agriculture

It is estimated that 90% of the total area of RoSS is suitable for agriculture, but that only 2% is used for agricultural production. Agriculture remains largely traditional, limiting households to cultivate an average of less than 1.5 ha. Agriculture is predominantly rain-fed with main crops being maize, sorghum, finger millet, cassava, sweet potato, and groundnuts.

Despite the agricultural production potentials, especially in the green belt in the southern part of the country, a large proportion of the population of RoSS is food insecure. Increased rain-fed and irrigated agriculture could produce food for local consumption and export.

Agricultural production might affect the environment negatively through contamination from pesticides and fertilizers and might reduce the diversity of flora and fauna. Soil erosion and silting of surface water sources is also a potential consequence of increased agricultural production.

Forest and woodland resources

Forest and woodlands cover approximately 30 % of RoSS. Cutting of trees for fuel, charcoal production and construction as well as clearance for grazing and urbanization is causing deforestation which might lead to soil erosion, habitat loss and changes in water flows. Illegal and uncontrolled exploitation of forest resources contributes to this.

Wild fires, overgrazing and over-cutting during successive wars with low and declining productivity, have degraded the forests and woodlands. The vast majority of South Sudanese depend on firewood or charcoal as their main source of energy, resulting in substantial cutting of trees.

Fisheries

Lakes, wetlands, the Nile and other rivers not only sources of livelihood of a large proportion of the population of RoSS but also an important source of food. There is a risk that the current unregulated fishing compounded by pollution and siltation is not sustainable and could eventually lead to a decline in fish productivity.

Regulatory and Administrative framework

Only a limited number of national policies and legislation have been developed by GRSS with others being in the drafting and approval stages, most of which remains confidential and not available for review. The main available relevant documents are the Transitional Constitution, the 2009 Land Act, the draft Environment Policy and the National Development Plan.

Transitional Constitution

The supreme law of RoSS is the 2011 Transitional Constitution of the Republic of South Sudan. The constitution states that all levels of GRSS shall "protect and ensure the sustainable management and utilization of natural resources including land, water, petroleum, minerals, fauna and flora for the benefit of the people" and shall "protect cultural heritage, monuments and places of national, historic or religious importance from destruction, desecration, unlawful removal or illegal export".

With regards to the environment, the constitution specifies that every person has the right to live in a clean and healthy environment and that the environment shall be protected for future generations; more specifically, the environment shall be protected from pollution and degradation, and ecologically sustainable development and use of natural resources must be ensured. The constitution also states that it is the duty of citizens to protect the environment and preserve natural resources, and that communities must be involved in the use of natural resources.

Land Act

The Land Act from 2009 is important for the sustainable management of land in South Sudan. The purpose of the act is to regulate land tenure and protect rights to land in RoSS while creating an enabling environment for economic development of land and natural resources. The Land Act classifies land into public land, community land and private land. Public land is owned collectively by the people of RoSS and is held in trust by GRSS. Community land is owned by communities if it is registered, used or managed by communities.

The Land Act states that traditional leaders may grant customary rights for residential, agricultural and grazing purposes provided the relevant authorities are notified.

The Act contains provisions on protection of access to communal grazing land and water points on communal grazing land.

Prior to any decision related to lands - whether in urban or rural areas - the land administration shall consult with the communities concerned and land used for investment purposes shall be subject to social, economic and environmental assessment.

Land can be appropriated by GRSS if the land is to be used for public purposes, including for government premises, sanitary improvements, urban development, and roads construction. The owner has the right to just and equitable compensation. Persons who lost their rights to land due to displacement caused by the war also have the right to compensation.

Draft Environment Policy

An Environment Policy was drafted in 2010, and an Environment Bill, also drafted in 2010, is to be presented to the Council of Ministers shortly. The draft Environment Policy will provide guidance for sustainable management of the environment in view of anticipated developments especially with regards to oil exploration, housing, roads, deforestation, pollution, resource related conflicts, and overuse of fish resources.

The draft policy recognizes the limitations posed by inadequate institutional capacity and limited budget allocations for environmental protection. The draft policy also recognizes the need for decentralization and devolution of environmental management to the lowest levels of government.

For implementation of the policy, a number of instruments are to be developed, including development of an institutional framework, creation of environmental awareness, procedures for environmental assessments and audits, and establishment of standards. For more details of the envisioned institutional setup, please refer to section 5.5 below.

South Sudan Development Plan

The 2011 South Sudan Development Plan (SSDP) is the roadmap for the future development of RoSS. The objective of the SSDP is "To ensure that by 2014 South Sudan is a united and peaceful new nation, building strong foundations for good governance, economic prosperity and enhanced quality of life for all." This is to be achieved through improved governance, rapid improvement of livelihoods and expansion of employment opportunities, improvement and expansion of education and health services, and by deepening peace and improving security.

The focus of SSDP is on building the strong institutions required to promote a transparent and accountable state and improving capacity at all levels of government. The plan also emphasizes the importance of promoting private sector-led economic growth and the delivery of basic services in reducing the incidence of poverty among the population. However, it also recognizes that these actions can only be successful in the long run by maintaining relative peace and security. The Economic Pillar of the SSDP includes improvements of roads while the Social and Human Development Pillar includes health and sanitation facilities.

SSDP identifies seven crosscutting issues as important, including environment and equality. The SSDP recognizes the protection of the environment as a key policy and will address it in legislation and policy development, and environmental impact assessments will be taken into account. Natural resources are recognized as crucial to the economic development and are to be used in an environmentally sustainable manner.

Existing institutional setup

GRSS has five administrative units: national, state, county, payam and boma. At national and state level sectoral ministries are established and at county, payam and boma level there are administrations with units for the various sectors. GRSS at present has 29 ministries of which the most important with regards to environmental and social safeguards of the LGSD are the Ministry of Environment (MoE); the Ministry of Gender, Child and Social Welfare (MoGCSW); and the Ministry of Culture, Youth and Sports (MoCYS).

At present MoE, including the Directorate of Environment has approximately 30 staff at national level (Juba) whereas only three states have environmental officers, two of which are not MoE staff but falls under other ministries. MoE is responsible for development and implementation of environmental policy and legislation, including performing the following functions and duties:

· Develop and execute policies and programmes on environmental protection and conservation throughout South Sudan;

· Establish the government's environmental policy and monitor its effectiveness and impact;

· Develop Environmental Impact Assessment standard methodologies and procedures for GRSS development policies and for private sector investment; and

· Advise and support states and local governments in their responsibilities for environment protection and build their capacity to assume all functions.

MoGCSW is responsible for promoting gender equality and equity with the following functions:

· Articulate and execute GRSS policy on gender equity and social services;

· Develop policies and programmes to promote the welfare of physically and mentally handicapped persons and other vulnerable groups;

· Develop policies and programmes in regards to social welfare for the aged, disabled, orphans and street children;

· Develop policies and programmes in regards to women affairs; and

· Supervise and regulate all organizations, societies and unions that are concerned with women and social welfare.

The vision of MoYCS is to transform RoSS into a culturally harmonious and vibrant society with ethnic and cultural diversity. The functions include:

· Foster cultural interaction between different parts of Southern Sudanese society;

· Protect and preserve tangible and intangible cultural heritage records of Southern Sudan;

· Identify, gazette, maintain and oversee national monuments; and

· Advise and support states and local governments in their responsibilities for culture, youth and sports and build their capacity.

Furthermore, GRSS has established a land commission as an independent agency with responsibility for management of land, involving issues such as ownership, registration, conflict resolution and development of policy and legislation in this regard. The 2009 Land Act lays out the institutional arrangement for land management at the lower administrative levels, but has not yet been implemented.

The draft environment policy anticipates that state governments will be responsible for ensuring that environmental and social impact assessments are undertaken. The counties are expected to evaluate county and payam level applications and ensure mitigating measures are implemented. The payam level is expected to support development of environmental awareness and solve local conflicts over resources. The boma level is, amongst other things responsible for promoting traditional best practices of environmental resource management and to ensure that local communities are involved in all stages of decision-making.

Applicable World Bank Safeguard Policies

To ensure that World Bank funded initiatives does not have adverse impacts or cause harm, 10 operational safeguard policies - aimed at ensuring that interventions are implemented in environmentally and socially appropriately - have been developed.

Depending on the context and the characteristics of the WB funded interventions none, some or all of the operational policies are triggered. For the LGSD, five operational policies (4.01, 4.09, 4.10, 4.11, and 4.12) are of potential relevance. These five policies are listed in table 6.1 below along with the trigger of the operational policy and an analysis if the policy is triggered or not. OP 4.01 on Environmental Assessment and OP 4.10 Indigenous Peoples are triggered.

Table 6.1: Potential relevant operational policies

Operational Policy

Description

Trigger

Triggered

4.01 Environmental assessment

The objective of this policy is to ensure that projects are environmentally and socially sound and sustainable, and that decision-making is improved through appropriate analysis of their environmental impacts.

OP 4.01 covers impacts on the natural environment (air, water and land); social aspects, human health and safety; physical cultural resources; and transboundary and global environmental aspects.

The policy is triggered if a project is likely to have potential adverse environmental and social impacts.

Yes, see details in section 6.1 below

4.09

Pest Management

The objective of this policy is to promote the use of biological or environmental control and reduce reliance on synthetic chemical pesticides; and if necessary, to strengthen the capacity of the country’s regulatory framework and institutions to promote and support safe, effective and environmentally sound pest management.

The policy is triggered if procurement of pesticides is

envisaged

No. Agricultural subprojects involving purchase of pesticides are not eligible for funding.

4.10 Indigenous Peoples

The objective of this policy is to ensure that the project respects the dignity, human rights, economies and cultural uniqueness of indigenous peoples.

The policy will ensure that adverse effects during the development process are avoided, or when avoidance is not feasible, ensure that adverse effects are minimized, mitigated or compensated. The policy will also ensure that indigenous peoples receive social and economic benefits that are culturally appropriate and gender and intergenerational inclusive.

The policy is triggered when the project potentially affects indigenous

peoples

Yes. Analysis by Bank and other experts confirms that the majority or all people in the project area meet the requirements of the policy. Per the requirements of OP/BP 4.10, when Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries, the elements of an Indigenous Peoples Plan (IPP) should be included in the overall project design; a separate IPP is not required.

4.11 Physical Cultural Resources

The objective of this policy is to assist with avoiding or mitigating adverse impacts of projects on physical cultural resources, e.g. movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance.

Physical cultural resources may be above ground, underground, or underwater. The cultural interest may be at the local, provincial or national level, or within the international community.

The policy is applicable to all projects requiring a category A or B

Environmental Assessment under OP 4.01 and to projects located in or in the vicinity of cultural heritage sites.

No. Any project that would have an impact on physical cultural resources will be not be funded. However, there might be “chance finds” that would require avoidance or mitigating measures. For more details, see section 6.3 below.

4.12 Involuntary Resettlement

The objective of this policy is to

(i) avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs;

(ii) ensure community participation in planning and implementation of resettlement programmes;

(iii) assist displaced persons in improving their livelihoods and standards of living standards, or at least in restoring them.

The policy covers not only physical relocation, but any activities resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, and iv) restrictions on access to parks and protected areas.

No. Given the generally low population density in RoSS, land is generally available for construction of small-scale infrastructure facilities, be it community or public land or through documented voluntary community donations. Any sub-project activities that will require acquisition of land will be not be eligible for funding.

The Policy 4.01 requiring environmental assessments is triggered. The Environmental Assessment policy calls for the LGSD as a whole to be screened to determine the extent and type of environmental assessment process. Projects are assigned one of four project categories:

Category “A” projects:

Category A project have impacts that are expected to have ‘significant adverse environmental impacts that are sensitive, diverse[footnoteRef:8], or unprecedented. The environmental assessment is to consider the project's negative and positive environmental impacts and compare them with those of feasible alternatives. An Environmental Impact Assessment (EIA) is always required for projects that are in this category. [8: A project is sensitive" if it may be irreversible (e.g., lead to loss of a major natural habitat) or raise issues covered by OP 4.04 - Natural Habitats; OP/BP 4.10 - Indigenous Peoples; OP/BP 4.11 - Physical Cultural Resources or OP 4.12 - Involuntary Resettlement.]

Category “B” projects:

Category B projects have "potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural habitats - that are less adverse than those of Category A projects". Category A projects are site-specific and most or all are reversible, and in most cases mitigating measures can be readily designed. Like for Category A projects, the environmental assessment it considers the project's positive and negative impacts and compare them with alternatives and proposes preventive, minimising, mitigating OR compensatory measures. Although an EIA is not always required, some environmental analysis is necessary, typically in the form of en Environmental Management Plan (EMP) - for details of this, please refer to chapter 10.

Category “C” projects:

Category C projects have "minimal or no adverse environmental impacts". After classification of a project as a Category C project, no further action is required.

Category “FI” projects: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts.

The subprojects of LGSD will be of small-scale, site-specific in nature and are expected to i) have only limited environmental impact on humans and the environment, ii) will be reversible, and iii) for most subprojects mitigating measures can be easily designed. The LGSD is thus classified as Category B (see definition of categories above).

More details on OP 4.10 on Indigenous Peoples are in section 6.2 .

All subprojects that would trigger OP 4.11 on Physical Cultural Resources and OP 4.12 on Involuntary Resettlement will not be eligible for funding. However, there is the possibility of chance find of physical cultural resources for which mitigating measures have to be developed.

OP 4.01 Environmental Assessment

This policy requires environmental assessment of projects proposed for World Bank financing to ensure that they are environmentally and socially sound and sustainable. The breadth, depth, and type of analysis of the environmental assessment depend on the nature, scale, and potential environmental impact of the proposed project, in the case of LGSD of the proposed subprojects.

Some of the subprojects could potentially have adverse environmental impacts, e.g. construction or repair of health and educational facilities, markets, roads, drainage and dikes, water and sanitation facilities, cattle dips, and small-scale irrigation facilities. Details on the potential impacts of these subprojects are included in chapter 7.

The ESMF checklist is designed to identify the potential impacts, and assist the implementing bodies at local level, communities and extension teams with practical measures of avoiding or mitigating them. Moreover, for some subprojects with impacts on the nearby environment, the ESMF will assist the implementing bodies and the local government authorities in preparing an acceptable EMP before commencement of the work.

OP 4.10 Indigenous Peoples

OP 4.10 on Indigenous Peoples is triggered. In South Sudan indigenous peoples are the sole or overwhelming majority of the population, and thus also of the beneficiaries of the LGSD.

The LGSD will eventually cover the entire country, with its main approach being a local participatory planning process that aims at including all vulnerable sub-groups (whether ethnic/tribal/kinship minority groups, women, youth and displaced) in consultations to agree on the subprojects to be implemented. The LGSD supports the intentions and outcomes of OP 4.10 by (a) including as an early activity in the participatory county planning process a mapping of ethnic tribal groups with identification of particularly vulnerable minority groups and the nature of their vulnerabilities, so that measures can be taken to ensure their inclusion in the planning process; (b) applying the principle of “equitable access to benefits” across all vulnerable sub-groups (whether ethnic/tribal/kinship minority groups, women, youth and displaced) within the county; (c) monitoring delivery of equitable benefits across ethnic groups with particular emphasis on the vulnerable (e.g. by accountability arrangements that disclose information on budgets and spending and that involve communities in monitoring); and (d) establishing a simple feedback and grievance mechanism that is accessible to the different groups. The LGSD is thus embedding the basic principles of OP 4.10 of a free, prior, and informed consultation leading to broad community support for the project.

Due to the above reasons, no separate Indigenous Peoples Plan (IPP) is required.

Chance find of physical cultural resources

Although subprojects that will have a negative impact on physical cultural resources are on the negative list, physical cultural resources might unexpectedly be encountered (chance find) during implementation of subprojects, e.g. in conjunction with excavation for construction of infrastructure facilities. For more on this, please see chapter 11.

Potential impacts and mitigating measures

Table 7.1 below contains a summary of eligible subprojects that can be funded using the participatory process for planning under the LGSDP, involving development of payam and county development plans based on inputs from bomas and communities.

Table 7.1: Indicative subprojects

Type

Sector

Items

Local Public Infrastructure

Water

Construction or repair of hand-pumps (non-motorized), tanks, dug wells, and haffirs for public use or in primary health care or education facilities

Sanitation

Provision or repair of latrines for public use or in primary health care or education facilities

Storm water

Repair of flood protection infrastructure (drainage / guttering / dykes)

Roads

Rehabilitation of local roads (using labor based methods only); construction or rehabilitation of foot paths; culverts and bridges

Health

Construction, repair or extension of existing PHCC or PHCU where health worker is already present

Purchase of furniture or equipment for existing PHCC or PHCU

Education

Construction, repair or extension of existing primary schools where teacher is already present

Purchase of furniture or equipment for existing primary schools

Economic Infrastructure

Markets

Construction or repair of public market places

Livestock

Construction or repair of livestock dips

Irrigation

Repair of small scale community irrigation schemes, subject to approval of technical design

Not all of the above subprojects will necessarily be implemented and others not on the list might be included as experience is gained with implementation of the various subprojects during the first year of LGSD.

Common for most of the subprojects are that some kind of physical infrastructure will be constructed or rehabilitated which might have adverse environmental and social impacts. Furthermore, the use and maintenance of facilities can also have adverse impacts. The exact scale of the impact will be site-specific as will the mitigating measures to be taken.

For most of the subprojects it is expected that they will have positive economic and social impacts. These include improved service delivery; improved access to markets; increased employment opportunities especially for subprojects that involve construction or rehabilitation, be it through a contractor or through communities; development of the private sector; and increased accountability downwards as well as upwards in the public sector.

An overarching issue related to construction of physical infrastructures is allocation of land. Such lands might restrict use or access to livelihoods of individuals or communities. As described in chapter 6 subprojects requiring involuntary resettlement will not be eligible for funding. All land for construction of facilities will have to be obtained through voluntary donations and it has to be ensured that the construction of facilities will not restrict use and access of the land and its resources itself or of neighboring land and resources, e.g. water points. Public lands allocated by the Government for subprojects, will be without any encumbrances. A format for documenting the voluntary donation a of land for the purpose of subprojects is presented in annex H.

Subprojects on lands with physical cultural resources will also not be eligible for funding. However, there is the potential of discovering physical cultural resources during excavation. Procedures for how to deal with such chance finds have been developed (see chapter 11 for details).

A list of other subprojects not eligible for funding is included in annex D.

Table 7.2 contains the potential impact of the different subprojects anticipated. The first row of the table contains potential impacts and mitigating measures of construction of general physical infrastructures applicable to all construction work. Depending on the level of rehabilitation required, some or all of the impacts and mitigating measures might also be relevant for rehabilitation. A standard template for safeguard measures to be included in contracts for construction or rehabilitation of infrastructure is included in annex I.

Some of the subprojects also have specific impacts and accompanying mitigating measures, e.g. construction of pits latrines requires digging pits that might potentially pollute the groundwater. These subproject specific impacts and mitigating measures are described in subsequent rows in the table.

Use and maintenance of the physical infrastructure might also have subproject-specific impact. These and mitigating measures are also included in separate rows in table 7.2.

Table 7.2: Potential impact and mitigating measures of subprojects

Subproject

Potential negative impact

Mitigating measures

Potential positive impact

Construction or rehabilitation of physical structures




· Dust pollution due to movement of equipment, digging

· Noise pollution due to use of equipment

· Pollution of ground water due to oil and fuel spills and exposure of ground water table

· Pollution of surface water due to oil spills

· Occupational health and safety due to hazards from handling of equipment


· Cutting of vegetation to be kept at a minimum, replanting around construction

· Application of appropriate erosion-protection measures, in particular when working on slopes

· Ensure aggregate is only obtained from locations with no risk of river bank collapse, landslides, loss of flora and fauna, etc.

· Minimize the use of wood for construction

· Works adjacent to a water resource require temporary barriers on slopes to prevent silt from entering the water resource

· Disposal of construction debris should occur at waste dumps

· Prevention of excessive dust emissions including cement dust by careful handling and working under moist conditions as much as possible

· Use of noisy equipment should be concentrated during day-light hours

· All solid waste, fuels or oils should be collected

· The contractor should protect workers by ensuring the use of protective equipment



· Follow procedures in chapter 11 for chance find of physical cultural resources

· Ensure the presence oils spill containment at the construction site

· Increased employment opportunities for community members (laborers, guards etc. during construction)


· Improved capacity of state and county focal points due to on-the-job training in environmental and social assessment.

· Improved capacity of MoE to handle chance find of physical cultural resources.

Use and maintenance of schools

· Health hazards due to inadequate cleaning and maintenance of school latrines


· Health hazard due to stagnant water at school water points acting as breeding ground for malaria carrying mosquitoes and other vector-borne diseases

· Maintenance plans for school latrines must be developed


· All water facilities must have proper drainage

· Improved access to education

· Increased employment opportunities for community members (guards) and small-scale craftsmen (plumbers, carpenters etc.)

Use and maintenance of health facilities




· Provide collection and disposal system for medical or others wastes, e.g. incinerators or transfer to special dump sites

· Maintenance plans for latrines must be developed

· Improved access to health care

· Increased employment opportunities for community members (guards) and small-scale craftsmen (plumbers, carpenters etc.)

Use and maintenance of markets

· Pollution of soil and water resources due to inappropriate collection and disposal of market refuse and waste

· Noise pollution from movement of trucks etc. carrying market goods.

· Health hazards due to poor storage of market goods providing breeding grounds for disease carrying rodents and vectors.



· Privacy concerns and sexual violence due to lack of gender separated latrines


· Establish waste collection procedures

· Identification of suitable locations for waste disposal

· Establish timing rules for movements of trucks

· Undertake public awareness campaign on storage of market goods



· Ensure all water facilities have proper drainage

· Create awareness on safe collection and disposal of wastes

· Improved access to markets

· Increased employment opportunities for community members (guards) and small-scale craftsmen (plumbers, carpenter etc.)

·

Construction or rehabilitation of roads and bridges

In addition to the potential impacts mentioned in the section on general construction or rehabilitation impacts at the top of this table:

· Stemming of water flow during construction of bridges causing water shortage, change of water course, etc. downstream

In addition to the mitigating measures described in the section on general construction mitigating measures at the top of this table:

· Leave some channels to allow for continued flow downstream.




· Improved capacity of state and county focal points due to on-the-job training in environmental and social assessments.

· Improved capacity of MoE to handle chance find of physical cultural resources

Use and maintenance of roads and bridges

· Dust and noise pollution due to movement of vehicles etc

· Erosion during rain due to drainage


· Pot holes with stagnant water providing breeding ground for disease-carrying vectors

· Bridges causing changes in water flow causing flooding, erosion or siltation

· Provide speed control bumps where road is close to community to avoid accidents and dust and noise pollution

· Adequate design of drainage systems

· Ensure adherence to design quality and regular maintenance to avoid pot holes


· Improved access to basic social services

· Improved access to markets

· Increased employment opportunities for small-scale craftsmen (carpenter etc.)

Construction or rehabilitation of water facilities, e.g. drilling and installation of hand pumps


· Contaminated water due to a proximity of latrines and waste disposal sites

· Interference with culturally sensitive sites, graveyards, spiritual sites

In addition to the mitigating measures described in the section on general construction or rehabilitation mitigating measures at the top of this table:

· Water facilities should be located at least 30 m from any latrine or waste disposal site

· Avoid siting haffirs/boreholes or other water supply structures even if it involves changing the dimensions and sizes





Use and maintenance of water facilities

· Lowering of water table


· Health hazard due to bacteriological contamination of water

· Health hazard due to poisonous substances in ground water, e.g. arsenic, fluoride

· Establish abstraction limit

· Ensure water facilities have proper drainage

· Bacteriological and chemical testing of water

· Ensure adequate chlorination procedures for water source

· Improved access to safe water

· Increased employment opportunities for small-scale craftsmen (plumbers, masons etc.)

· Improved health

Construction or rehabilitation of sanitation facilities


· Contamination of groundwater due to inappropriate location of latrines








Use and maintenance of sanitation facilities



· Privacy concerns and sexual violence due to lack of gender separated latrines



· Separate latrines for men/boys and women/girls must be constructed

· Improved access to latrine facilities

· Increased employment opportunities for small-scale craftsmen (plumbers, masons etc.)

· Improved privacy for girls

· Improved health

Construction of flood protection infrastructure


· maintenance of latrines

· Stemming of water flow during construction., change of water course, etc. downstream


· Leave some channels to allow for continued flow downstream

· Estimate and allow the minimum ecological flow to downstream





Construction or rehabilitation of livestock dips


· Contamination of groundwater due to inappropriate location of livestock dips

·


· Livestock dips should be located at least 30 m from any water source




Use and maintenance of livestock dips

· Health hazards due to unsafe storage and use of chemicals

· Health hazards due to unsafe disposal of expired chemicals and empty containers

· Pollution of soil and groundwater due to spillage

· Erosion of nearby areas due to (temporary) high density of livestock

· Training of livestock herders in safe storage and use of chemicals

· Training of livestock herders in safe disposal of expired chemicals and empty containers

· Provision of proper onsite safe chemical storage

· Establish separator and containment pond in case of significant impact

· Improved livestock health

· Improved income

Construction or rehabilitation of small-scale irrigation schemes


· Stemming of water flow during construction., change of water course, etc. downstream


· Design water intake to ensure minimum changes in water flow





Use and maintenance of small-scale irrigation schemes

· Over-use of water deprives downstream communities access to water

· Ensure design does not deprive downstream communities of water

· Estimate and allow minimum ecological flow to downstream

· Improved agricultural production

· Improved income

· Increased employment opportunities for small-scale craftsmen (plumbers, masons, etc.)


Dege Consult

31

Capacity development

Taking into consideration the limited institutional capacity of GRSS and the lack of an explicit legislative environmental framework, support to develop the capacity to sufficiently screen and assess the environmental impact of the LGSD is required.

Safeguards staff

It is envisaged that the LGSD PMU will employ a full-time Senior Safeguards Specialist who will be recruited internationally/regionally and nationally recruited Safeguards Officer. These experts will oversee implementation of LGSD social and environmental safeguards measures; liaise closely with the Ministry of Environment at national and state level; will be responsible for implementation of the ESMF, and will provide support to and supervise state and county-level safeguard focal points. The Senior Specialist will conduct a detailed training needs assessment and based hereupon develop detailed training programmes for the state and county level focal points. The senior specialist together with the safeguard officer and state safeguard focal points will also be responsible for monitoring and audit of safeguards implementation in subprojects as per chapter 12.

The state, county and payam level focal points will be appointed among existing staff. The state focal points will support and supervise the county level safeguard focal points. The focal points at state and county level will regularly follow up and monitor the implementation of subprojects to guarantee compliance with the ESMF and will work in collaboration with the State Ministry/Directorate of Environment to manage the environmental and social safeguards issues in the project.

State and County level safeguard focal points will also apply screening checklists to subprojects; conduct environmental and social management activities; ensure sound implementation of ESMF; be responsible for development, implementation and monitoring of the environmental and safeguard tools (EIA, EMP); provide training and capacity building activities to local government staff at county, payam and boma levels and to community members; conduct regular supervision; and prepare progress reports.

Training

The objective of the training activities are to ensure that relevant state and county government staff are able to design and contract community-driven subprojects taking into consideration environmental and social aspects, and to ensure that local government officials have the capacity to analyze environmental and social impacts, prescribe mitigating measures and appraise, approve and supervise implementation of subprojects.

The Senior Safeguards Specialist is expected to require some additional exposure to regional and international standards. Such training is expected to be available at the regional and international level. Participating in one regional and one international training course is foreseen.

The state focal points will require initial training on environmental issues in general, on the safeguards policies, and on the use of the checklists. The Senior Safeguard Specialist will provide the training. Annual follow-up training is anticipated. The training will take place in Juba.

Training of county focal points will be required, both on general environmental issues and on the specific screening procedures and

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