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Jamaica Social Investment Fund

Jamaica

JAMAICA INNER CITY BASIC SERVICES PROJECT

ASSESSMENT OF JSIF SAFEGUARDS COMPLIANCE CAPACITY, ENVIRONMENT AND RESETTLEMENT - FINAL REPORT

November 2005

E1281

Jamaica Social Investment Fund

Jamaica

JAMAICA INNER CITY BASIC SERVICES PROJECT

4041427

ASSESSMENT OF JSIF SAFEGUARDS COMPLIANCE CAPACITY, ENVIRONMENT AND RESETTLEMENT – FINAL REPORT

November 2005

HTSPE LtdThamesfield HouseBoundary WayHemel HempsteadHerts HP3 9WUUnited KingdomTel: + 44 (0) 1442 202400Fax: + 44 (0) 1442 219886Email: [email protected]://www.htspe.com

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TABLE OF CONTENTS

PART I: GENERAL......................................................................................................................................................... 12

1. INTRODUCTION................................................................................................................................................. 121.1Background............................................................................................................................................... 121.2Objectives.................................................................................................................................................. 131.3Methods..................................................................................................................................................... 141.4Scope of Report......................................................................................................................................... 15

2. SUMMARY OF APPLICABLE WORLD BANK SAFEGUARDS.........................................................................152.1 Applicable Operational Policies................................................................................................................. 15

2.1.1 OP 4:01 Environmental Assessment (Jan 1999).............................................................................162.1.2 OP 4:04 Natural Habitats (Jun. 2001).............................................................................................172.1.3 OP 4:09 Pest Management (Dec. 1998).........................................................................................172.1.4 OP 4:10 Indigenous People (Jul. 2005)..........................................................................................172.1.5 OPN 11:03 [Draft OP 4:11] Cultural Property (1999)......................................................................182.1.6 OP 4:12 Involuntary Resettlement (Revised Apr. 2004)..................................................................182.1.7 OP 4:36 Forests (Nov. 2002).......................................................................................................... 192.1.8 OP 4:37 Safety of Dams (Oct. 2001)...............................................................................................192.1.9 OP 7:50 Projects on International Waterways (Jun. 2001)..............................................................192.1.10 OP 7:60 Projects in Disputed Areas (Jun.2001)..............................................................................19

2.2 Environmental Assessment Sourcebook................................................................................................... 192.3 Relevant EA Sourcebook Updates............................................................................................................ 202.4 Involuntary Resettlement Sourcebook....................................................................................................... 21

PART II: ASSESSMENT OF JSIF SAFEGUARDS COMPLIANCE CAPACITY...........................................................22

3. JSIF’s POLICIES & PROCEDURES................................................................................................................... 223.1External Regulatory Framework................................................................................................................ 223.2JSIF’s Operations Manual & Environmental Guidelines............................................................................233.3Implementation of Environmental Guidelines............................................................................................243.4Revision of Environmental Guidelines....................................................................................................... 24

4. JSIF’s INSTITUTIONAL CAPACITY................................................................................................................... 254.1JSIF’s Institutional Framework................................................................................................................... 254.2Performance of EA Functions.................................................................................................................... 264.3Implementation Support for JSIF............................................................................................................... 29

5. AREAS FOR IMPROVED POLICIES AND PROCEDURES...............................................................................305.1Further Revision of Environmental Guidelines...........................................................................................305.2Complimentary Instruments/Guidelines..................................................................................................... 32

5.2.1 Contract Documents................................................................................................................... 325.2.2 ISO 14000 EMS......................................................................................................................... 33

5.3Environmental Management and Resettlement Frameworks for JICBSP..................................................34

Jamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427)

PART III: ENVIRONMENTAL MANAGEMENT FRAMEWORK....................................................................................35

6. JSIF Environmental Management Framework................................................................................................. 356.1 Legislative and Administrative Context...................................................................................................... 35

6.1.1 The National Environment and Planning Agency.............................................................................256.1.2 The Permit and License System.....................................................................................................366.1.3 The Environmental Impact Assessment Process............................................................................376.1.4 Prescribed Categories..................................................................................................................... 37

6.1.5 Strategic Environmental Assessments............................................................................................ 406.2 National Legislation and Policies – Natural Environment..........................................................................40

6.2.1 Natural Resources Conservation Act (1991)...................................................................................416.2.2 Wildlife Protection Act (1945).......................................................................................................... 416.2.3 National Legislation and Policies – Human, Cultural And Social Environment...............................446.2.4 Relevant Multilateral Environmental Agreements............................................................................48

6.3 JSIF Environmental Guidelines................................................................................................................. 496.3.1 Typology of Probable Infrastructure Projects..................................................................................52

6.4 Criteria for Site Screening......................................................................................................................... 566.4.1 Procedures to Manage Environmental Impacts Expected by the Sub-projects...............................596.4.2 Biological Environment.................................................................................................................... 606.4.3 Socio-economic Environment......................................................................................................... 60

6.6 Cumulative Impacts................................................................................................................................... 626.7 Positive Impacts........................................................................................................................................ 626.8 Public Participation.................................................................................................................................... 64

6.8.1 Individual Participation.................................................................................................................... 646.8.2 Community Based Participation...................................................................................................... 646.8.3 Public Notification............................................................................................................................ 64

6.9 Reporting....................................................................................................................................................556.9.1 NEPA Requirements....................................................................................................................... 656.9.2 JSIF Requirements......................................................................................................................... 656.9.3 World Bank Requirements.............................................................................................................. 656.9.4 Additional Reporting........................................................................................................................556.9.5 Public Review................................................................................................................................. 666.9.6 Emergency Response Plan............................................................................................................. 66

6.10 Monitoring Requirements.......................................................................................................................... 666.11 Institutional Arrangements......................................................................................................................... 686.12 Consideration of Alternatives..................................................................................................................... 70

PART IV: RESETTLEMENT FRAMEWORK................................................................................................................. 71

7. Involuntary Resettlement Policy and Practice In Jamaica.............................................................................717.1Introduction................................................................................................................................................ 717.2Existing National Legislation Governing Resettlement in Jamaica............................................................71

7.2.1 The Constitution.......................................................................................................................... 717.2.2 Land Acquisition Act 1947........................................................................................................... 727.2.4 Mining Act (1947)........................................................................................................................ 73

7.3Resettlement Practice in Jamaica............................................................................................................. 737.3.1 Highway Improvement Programmes...........................................................................................767.3.2 Urban Renewal Programmes...................................................................................................... 777.3.3 Housing Act.................................................................................................................................677.3.4 Mining......................................................................................................................................... 79

7.4Draft Green Paper..................................................................................................................................... 80


8. Involuntary Resettlement on JICBSP............................................................................................................... 838.1Scope of Involuntary Resettlement and Compensation on JICBSP..........................................................838.2World Bank Safeguards for Involuntary Resettlement OP 4:12.................................................................858.3Draft Green Paper Compliance with OP4.12.............................................................................................85

9. JSIF Involuntary Resettlement Framework...................................................................................................... 929.1Involuntary Resettlement and the JSIF Project Cycle................................................................................929.2Guiding Principles for Resettlement Planning............................................................................................949.3Project Description and Concept Development.........................................................................................969.4Resettlement Planning and Design........................................................................................................... 979.5Definition of Project-Affected Person (PAPs)...........................................................................................1039.6Asset Valuation.......................................................................................................................................... 989.7Compensation and Rehabilitation Measures...........................................................................................107

9.8 Monitoring and Evaluation 102

h

Annexes

ANNEX I Guidelines for Frameworks.............................................................................................................103ANNEX II JSIF Environmental Guidelines......................................................................................................106ANNEX III Communication Strategy..............................................................................................................124ANNEX IV Project Reporting Format..............................................................................................................131ANNEX V - Generic Environmental Monitoring Programme to Cover the JICBSP........................................136


PART I: GENERAL

1. INTRODUCTION

1.1 BackgroundThe Jamaica Social Investment Fund (JSIF) is an agency of the Government of Jamaica (GOJ) that was established in 1996, as part of the National Poverty Eradication Programme (NPEP) initiated in 1995. Like comparable Social Funds in other developing countries, JSIF’s mission is to mobilize financial resources from GOJ and international donor and lending agencies and channel these to poor communities for small-scale social and economic infrastructure and social services projects. JSIF applies a demand-driven participatory approach that involves partnerships with other agencies of GOJ, NGOs and CBOs, to the financing and implementation of eligible projects in communities that are targeted on the basis of need.

JSIF was set up with a US$20 million loan from the World Bank under the Jamaica Social Investment Fund Project (JSIFP). This project, which was approved on 5th September 1996 and closed on 31st July 2001, had two components. The first component comprised financing for demand-driven JSIFP sub-projects in the areas of social and economic infrastructure, social services and capacity building at the community level. The second component funded the establishment and operations of the JSIF, including salaries, vehicles, equipment and operating expenses and technical assistance to improve JSIF’s operational capacity and procedures. The finalization of an Operational Manual inclusive of detailed eligibility and appraisal criteria for all sub-projects was a condition of the World Bank loan. It was also agreed that Technical Assistance would be provided to JSIF to develop Environmental Assessment policies and procedures, to be approved by the Bank.1 The JSIF Operations Manual, to which the Environmental Guidelines are annexed, was prepared under the JSIFP in fulfilment of these obligations.

GOJ obtained a further US$15 million in funding for JSIF from the World Bank under the National Community Development Project (NCDP). This on-going project, which was approved on 24th October 2002 and is scheduled to close on 31st December 2007, has three components. The first component is financing of demand-driven, community-implemented infrastructure works and activities on JSIF’s sub-project menu. The second component is funding for Technical Assistance, training and institutional strengthening for JSIF and its partners for implementation of the Community-Based Contracting (CBC) System. The third component finances administration costs, covering the purchase of equipment required to facilitate sub-project supervision, monitoring, and community training. In May 2002, JSIF’s Environmental Guidelines, which were found to be mostly generic in nature and not consistently applied, were revised in the course of preparation of the NCDP, to reflect lessons learned from the past implementation of sub-projects under the JSIFP.2

1 JSIF Project Staff Appraisal Report, Report No.15615JM, World Bank, 1st August 1996.2 Jamaica NCDP Project Integrated Safeguards Data Sheet (ISDS) Report No.23650, World Bank 02/08/2002; Project Appraisal Document (PAD) Report No.23690, World Bank, Sept 11, 2002.


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GOJ is currently negotiating for an additional US$25 million in World Bank funding for the Jamaica Inner City Basic Services (JICBS) Project. The proposed project, which is in the preparation stage, will have three components. These include:

A series of integrated urban infrastructure and basic services provision investments in targeted inner-city communities.

Provision of support for public safety improvements. Capacity building for community-based infrastructure management.

As the project is targeted at communities in densely built-up areas within long-standing settlements, the World Bank expects that some of its Operational Policies not triggered by the JSIFP and NCDP will be triggered by the proposed project, and that JSIF’s Environmental Guidelines will need to be enhanced in order for the project to obtain World Bank approval.3

1.2 ObjectivesThe Consultants have been engaged to provide services to JSIF under the Jamaica Inner Cities Basic Services Technical Studies and Preparatory Activities Project. One of the main objectives of this project is to ensure that JSIF’s Environmental Guidelines, which are embodied in JSIF’s Operations Manual, are in compliance with the World Bank’s policies and guidelines and also comply with national policies and procedures.

In this context, the Consultants are required under the Terms of Reference (TOR) for the project to perform three principal tasks in association with environmental and social safeguards compliance:

a) Assess JSIF safeguards compliance capacity The primary task is to assess the extent to which JSIF procedures, policies implementation capacity and practices are consistent with the objectives and operational principles that underlie World Bank safeguards. Specific tasks under this assessment include:

Identification of the laws, regulations, policies, legal procedures likely to be relevant to the proposed operation; including (but not limited to): The National Environmental Protection Act, the Natural Resources Conservation Authority Act, the Public Health Act, the Clean Air Act, the National Heritage Trust Act, the Town and Country Planning Act, the Local Improvements Act, the Land Development and Utilization Act, and the Water Resources Authority Act;

Reviewing the requirements, both the intent and application, of the processes and policies currently used by JSIF to manage environmental and social aspects of projects and assess whether these requirements meet the objectives and satisfy the operational principles laid out the current system, and are consistent with the relevant national legislation and regulation; and

3 Jamaica Inner City Basic Services for the Poor Project, Project Information Document (PID) Concept Stage, Report No.AB1065, World Bank, Sept 10, 2004; Jamaica Inner City Basic Services for the Poor Project, Integrated Safeguards Data Sheet (ISDS) Concept Stage, Report No.AC997, World Bank, October 12, 2004.


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Assessing the institutional capacity of and the quality of implementation by JSIF through field visits and discussions or interviews with experts and stakeholders, and enumerate indicators on which the conclusions of the assessment are based. Assessing whether implementation practices, track record and capacity are acceptable with respect to achieving requirements in current procedures.

b) Identify areas for improved policies and procedures: The Consultant should subsequently identify areas where these systems for safeguards compliance would need to be strengthened for compliance and design actions required to address these areas during preparation or implementation. In particular, this task involves (but is not be limited to):

Advising the Bank on the level of involvement required by NEPA to provide adequate implementation support to JSIF and other implementing agencies; and

Designing complimentary mitigation procedures, measures, reports and templates based on the typology of sub-projects to be financed by Inner City Basic Services Project; and

c) Design Environmental Management and Resettlement Frameworks : Critically, the Consultant will design an Environmental Management Framework and a Resettlement Framework for expected resettlement during this operation. This activity includes the design of an environmental management framework (EMF) and a resettlement framework (RF) for subprojects to be financed by the Inner City Basic Services Project and to be implemented by JSIF and its current Management Information System. The EMF should include, site screening criteria, typology of probable infrastructure projects, chance find procedures for cultural values, and procedures to manage environmental impact expected by the type of subprojects to be financed under the Inner City Basic Services Project.

Parts (a) and (b) of the foregoing TOR, provide a basis for the design of the Environmental and Resettlement Frameworks required by part (c).

1.3 MethodsThe required tasks were completed by means of a combination of desk study of relevant documents and consultations with the JSIF and other stakeholders. The documents studied included:

World Bank Operational & Safeguard Policies (OPs) & Bank Procedures (BPs) World Bank Environmental Assessment Sourcebook & Updates World Bank Involuntary Resettlement Sourcebook World Bank Project Profiles & Documents for JSIFP, NCDP & JICBSP JSIF Operations Manual, Environmental Guidelines & Annexes (2004 Revision) JSIF Annual Report 2003-2004 JSIF Standard Forms of Contract & Annexes Relevant Laws of Jamaica Relevant GOJ Policy Documents Previous Consultancy Reports


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The following persons were consulted with respect to various aspects of the assigned tasks, during a mission to Jamaica by the Consultant Environmental Legal Advisor from 28th August 2005 to 1st September 2005 and ongoing consultations with the resident ICBSP team with regard to both environment and resettlement

Mr. Omar Sweeny - Operations Manager, JSIF Ms. Nicole Gordon-Haynes - Legal Officer, JSIF Ms. Grace-Ann Miller - Human Resources Manager, JSIF Ms. Celia Dillon - Environmental Coordinator, JSIF Mr. David Eberle - Peace Corps Volunteer (Environmental

. Engineer) JSIF Mr. Glenroy English - Legal Officer, NEPA Ms. Tameka Clough - Physical Planner, NEPA Mr Courtney Douce - Resettlement Officer NHIP Ms Simone Morris Rattray - Legal Adviser Ministry NHDC

1.4 Scope of ReportThree outputs are required based on the assigned tasks with respect to environmental and social safeguards compliance:

1. An Assessment of the Compliance Capacity of the Implementing Agency & Recommendations;

2. An Environmental Management Framework; and3. A Resettlement Framework.

Part I and Part II of the report covers the first of these outputs. Part I provides a general background and objectives with a summary of applicable World Bank Safeguard policies and guidelines; Part II provides an assessment of JSIF’s institutional capacity to implement environmental and resettlement procedures and identifies areas in which policies and procedures can be improved.

Parts III and IV details the second and third outputs, environmental and resettlement frameworks.

2 SUMMARY OF APPLICABLE WORLD BANK SAFEGUARDS

2.1 Applicable Operational PoliciesThe operations of the World Bank are guided by a comprehensive set of policies and procedures dealing with the Bank’s core development objectives and goals, set out in the Bank’s Operational Manual. The Bank’s Operational Policies (OPs) are based on its charter, its conditions and policies specifically approved by the Board. Ten key policies within the overall set of OPs, that are critical to ensuring that potentially adverse social and environmental consequences are identified, minimized and mitigated, are referred to as the Safeguard Policies. Compliance with the Bank’s Safeguard Policies is an important factor in project preparation and approval processes. The Bank screens each proposed project to determine the type and extent of environmental assessment (EA) that is appropriate to the project and whether or not it triggers any key OPs other than


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the primary safeguard of EA. The Bank’s Safeguard Policies4 and their applicability to the JICBSP are discussed below.

2.1.1 OP 4:01 Environmental Assessment (Jan 1999)This OP sets out the Bank’s requirements with respect to EA of projects proposed for financing. It provides that EA is mandatory, outlines the EA process and defines the environment broadly for the purposes of the process. EA is the responsibility of the borrower. The types of EA that may be acceptable for various projects are outlined. Full definitions of EA terms are contained in OP 4:01 Annex A. OP 4:01 provides for the screening of all projects on the basis of their type, location, sensitivity and scale, on the basis of which projects (other than those being funded by the Bank through a Financial Intermediary) are classified into one of three categories (referred to as A, B, and C) with respect to the extent and type of EA that is appropriate.

A full Environmental Impact Assessment (EIA) is required for projects which are likely to have significant adverse environmental impacts and are classified as Category A. Details concerning the contents of an EA for a Category A project are contained in OP 4:01 Annex B. A project is classified as Category B if it is unlikely to have major adverse impacts on humans or environmentally important areas and the impacts it will have are likely to be site-specific, reversible and capable of mitigation. The level of EA for Category B is not as great as that required for Category A projects and the findings and results of an EA for a Category B project may be described in the project documents,5

unless the screening process throws up issues that warrant special attention or national legislation requires the preparation of a separate report. A project is classified as Category C if it is likely to have no or minimal adverse environmental impacts. Beyond screening no further EA is required for such projects.

In the case of sector investment loans that are implemented through sub-projects, the Bank requires the assurance that the sub-projects will be subjected to EA. If the in-house capacity to satisfy the EA requirement is not developed by the borrower, the Bank would have to screen and approve individual subprojects. Hence, OP 4:01 provides that sector investment loans may provide for strengthening of the capabilities of implementing institution to ensure that subprojects are screened, there is expertise to carry out and review EAs and adequate mitigation measures are implemented and monitored.

The JSIFP, NCDP and Jamaica Inner Cities Basic Services Project are classified by the Bank as Category B projects because the environmental impact of these projects is primarily positive and any adverse environmental impacts resulting from the implementation of sub-projects are largely confined to the construction phase, temporary in nature and capable of mitigation. In the context of OP 4:01, this means that a separate EA report is not required by the Bank; however, the Bank must be satisfied that JSIF has the institutional capacity and systems in place to ensure that sub-projects adhere to the Bank’s Safeguard Policy on EA.

4 The full text of the World Bank’s Safeguard Policies can be found on the Bank’s website on the internet http://web.worldbank.org 5 The Project Information Document (PID), at the conceptual stage, and subsequently the Project Appraisal Document (PAD).


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http://web.worldbank.org/

2.1.2 OP 4:04 Natural Habitats (Jun. 2001)This Safeguard Policy concerns the protection, maintenance and rehabilitation of natural habitats. It provides that the Bank will not support projects that involve the significant conversion or degradation of critical natural habitats. OP 4:04 is not applicable to the Jamaica Inner City Basic Services Project as unconverted natural habitats do not occur in the target areas of the project.

2.1.3 OP 4:09 Pest Management (Dec. 1998)This Safeguard Policy concerns the Bank’s policy with regard to the management of agricultural pests and pests that affect public health. In projects designed to improve public health, the Bank supports controlling pests through environmental methods, but where these are not totally effective the use of pesticides for vector control is acceptable; however, the selection and use of pesticides must conform to the provisions of this OP, which are based on WHO and FAO recommendations.

The issue of pest management, including the adequacy of the legal and institutional arrangements for pest control, must be addressed in the EA for the project. If necessary, measures to strengthen the implementing institution’s capacity for safe, effective and environmentally sound pest management may be incorporated into the project. OP 4:09 is applicable to the JICBSP because the menu of sub-projects eligible for JSIF funding6

includes infrastructure projects with impacts on public health, particularly water and sanitation projects, in which provision must be made for pest management, especially vector control.

2.1.4 OP 4:10 Indigenous People (Jul. 2005)This Safeguard Policy is intended to ensure that the dignity, human rights, economies and cultures of indigenous peoples are fully respected in the development process. This policy applies to any distinct, vulnerable, social and cultural group which has the following characteristics to some degree: the members consider it and it is considered by the wider society to be a distinct indigenous cultural group; it is collectively attached to a distinct ancestral territory within the project area; it has customary cultural, social, economic or political institutions that are distinct from those of the dominant society; and it has an indigenous language.

Where this OP is triggered, the project preparation process must include screening, a Social Assessment, consultation with the affected communities, and preparation and disclosure of an Indigenous People’s Plan or Planning Framework.

It is arguable that the Jamaican Maroons constitute an Indigenous People within the meaning of this Safeguard Policy.7 Despite the fact that several maroon communities benefited from the JSIFP and NCDP, OP 4:10 was not flagged as one of the Bank’s Safeguard Policies triggered by these projects because the maroon communities were not specifically targeted.8 As the maroon communities are located in the most remote parts of Jamaica, they will not be targeted or affected by the JICBSP. Hence, whether or not the Maroons are considered to be an Indigenous People within the meaning of this Safeguard Policy, OP 4:10 is inapplicable.

6 JSIF Operations Manual (2004), p.20, Box 3.7 NCDP PAD, World Bank Report No.23690JM (Sept. 2002), Annex 138 Ibid, §7.2.


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2.1.5 OPN 11:03 [Draft OP 4:11] Cultural Property (1999)OP 4:11 the Bank’s Operational Policy on Cultural Property is under preparation; hence, its Safeguard requirements on the management of cultural property are to be found in this Operational Policy Note. In this context, cultural property includes both remains left by previous human inhabitants of an area and unique natural features. The Bank’s general policy regarding cultural property, the loss of which is often irreversible, is to avoid its elimination and assist in its preservation. Where cultural property may be encountered in the implementation of Bank-financed projects, provision for the protection and enhancement of cultural property must be included in the project scope. Any project that involves large-scale excavation or other earthworks, the demolition of structures or other changes to the superficial environment, falls into this category.

This Safeguard Policy has been identified as one that may be applicable to the JICBSP, because some of the infrastructure sub-projects to be funded by JSIF in inner-city communities may involve chance finds of cultural property, because areas of high heritage value have been targeted for implementation of the JICBSP. The Bank requires that this risk be addressed by the enhancement of JSIF’s environmental guidelines for the implementation of sub-projects to make provision for dealing with chance finds of cultural property in accordance with World Bank guidelines. 9

2.1.6 OP 4:12 Involuntary Resettlement (Revised Apr. 2004)This Safeguard Policy is intended to ensure that, where involuntary resettlement is a necessary aspect of project implementation, long-term social and economic disruption of communities is avoided. The objectives of the policy are to minimize involuntary resettlement, to ensure that resettlement is properly planned and that the affected community participates in the planning process, and ensure that displaced persons received assistance to re-establish or improve their livelihoods and standards of living in the area to which they are resettled.

This Safeguard Policy has been identified as one that may be applicable to the JICBSP,10 because some of the sub-projects to be funded by JSIF in inner-city communities may involve the involuntary taking of land and displacement of some persons in the community.

In cases where OP 4:12 is triggered, the borrower is required to prepare a Resettlement Plan or, in the case of sector investment projects, a Resettlement Policy Framework, under which sub-projects are screened for consistency with this OP. The requisites of a Resettlement Policy Framework that conform to the requirements of this Safeguard Policy are set out in §23-§25 of OP4:12 Annex A. Further guidance, including specific guidance with respect to resettlement in urban areas, is to be found in the World Bank’s Involuntary Resettlement Sourcebook.11

A review of resettlement experience in Jamaica and a proposed involuntary resettlement framework for JSIF is presented in Sections 8-10.

9 JICBSP, ISDS Concept Stage, World Bank Report No.AC997 (Oct. 2004) §IE & §II. 10 JICBSP, ISDS Concept Stage, World Bank Report No.AC997 (Oct. 2004) §II. 11 Involuntary Resettlement Sourcebook: Planning and Implementation in Development Projects, World Bank Report 30118 Vol.1 (2004)


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2.1.7 OP 4:36 Forests (Nov. 2002)This Safeguard Policy deals with the sustainable use of forests and the protection of the local and global environmental role of forests. OP 4:36 is not applicable to the Jamaica Inner City Basic Services Project as forests do not occur in the target areas of the project.

2.1.8 OP 4:37 Safety of Dams (Oct. 2001)This Safeguard Policy deals with the Bank’s requirements concerning the design, construction, operation and maintenance of dams and associated works. OP 4:37 is not applicable because the construction of dams is not on the menu of sub-projects eligible for JSIF funding.

2.1.9 OP 7:50 Projects on International Waterways (Jun. 2001)This Safeguard Policy deals with certain types of projects that involve the use or pollution waterways or water-bodies bounded by or flowing through two or more countries. OP 7:50 is not applicable because JSIF’s operations are confined to Jamaica and there are no international waterways in or adjacent to Jamaica.

2.1.10 OP 7:60 Projects in Disputed Areas (Jun.2001)This Safeguard Policy deals with the Bank’s support for projects in geographical areas which are the subjects of territorial disputes between two or more States. As Jamaica is not a party to any territorial dispute concerning its land area, OP 7:50 is not applicable.

2.2 Environmental Assessment SourcebookGuidance on implementing the Bank’s Safeguard Policies is to be found in the Bank’s Environmental Assessment Sourcebook (1991), the Table of Contents of which is reproduced in Box 1.12 Cross reference to the EA Sourcebook is made in OP 4:01 and other Safeguard Policies which are applicable to the JICBSP. The guidance given in Section 3 of the EA Sourcebook concerning procedures and best practice with respect to the topics of Cultural Property, including chance find procedures, and Involuntary Resettlement, is particularly relevant to the enhancement of JSIF’s Environmental Guidelines and the preparation of a Resettlement Policy Framework, to address Safeguard Policies OPN 11:3 and OP 4:12.

12 The full text of the EA Sourcebook can be found on the World Bank’s website on the internet http://web.worldbank.org


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2.3 Relevant EA Sourcebook Updates

Further guidance on implementing the Bank’s Safeguard Policies is to be found in the EA Sourcebook Updates that are issued from time to time. Twenty-eight Updates have been published to date.13 Update No. 24 “Environmental Assessment of Social Fund Projects” (Jan. 1999) is of particular relevance to JSIF’s operations. This Update explains that Social Fund (SF) projects are generally classified as Category B because the specific sub-projects to be funded are not known until after the project has been implemented and, while many sub-projects may have no adverse environmental impacts, there is the risk that others might, unless appropriate mitigation measures are implemented.

The Bank’s normal EA process must therefore be adapted to SF projects. This is done by ensuring that EA procedures are incorporated into the Fund’s project cycle and included in its Operational Manual.

A general framework for undertaking EA within the SF project cycle is outlined and illustrated diagrammatically in the Update. The institutional arrangements that are necessary to implement EA within the SF project cycle are also discussed. A more detailed assessment of JSIF’s policies and procedures is made in the next section; however, it is fair to say that JSIF’s operational procedures and institutional arrangements conform generally to the provisions of the Bank’s EA Sourcebook Update No.24.

13 The EA Sourcebook Updates are also to be found on the World Bank’s website.


Box 1

The Environmental Assessment Sourcebook (1991)Table of Contents

Section 1: The Environmental Review ProcessSection 2: Global & Cross-Sectoral Issues in Environmental AssessmentSection 3: Social & Cultural Issues in Environmental AssessmentSection 4: Economic Analysis of Projects & Policies with Consideration of

Environmental Costs & BenefitsSection 5: Strengthening Local Capacities & InstitutionsSection 6: Sector Investment, Financial Intermediary & Private Sector

OperationsSection 7: Community Involvement & the Role of Non-Governmental

Organizations in Environmental AssessmentSection 8: Agriculture & Rural DevelopmentSection 9: Population, Health & Nutrition, Transportation, Urban

Development, Water Supply & SewerageSection 10: Energy and Industry

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2.4 Involuntary Resettlement SourcebookFurther guidance on implementing the Bank’s Safeguard Policy OP 4:12 is to be found in the Bank’s Involuntary Resettlement Sourcebook (2004),14 the Table of Contents of which is reproduced in Box 2.415 As this shows, the Sourcebook contains specific guidance with respect to resettlement in urban areas, which would be of particular relevance to the development of a Resettlement Framework for the ICBSP.

14 Involuntary Resettlement Sourcebook: Planning and Implementation in Development Projects, World Bank Report 30118 Vol.1 (2004)15 The full text of the Involuntary Resettlement Sourcebook can be found on the World Bank’s website on the internet http://web.worldbank.org


Box 2.4

Involuntary Resettlement Sourcebook (2004)Table of Contents

Section 1: Policy Issues in Involuntary Resettlement

Scope of OP 4:12Resettlement Instruments and DisclosureEligibility Criteria and Units of EntitlementCompensation and Income RestorationVulnerable Populations

Section 2: Technical Aspects of Involuntary Resettlement

Resettlement Planning and Processing RequirementsConsultation and ParticipationIncome ImprovementCosts, Budgeting and FinancingSurveys, Monitoring and SupervisionOrganizations for Planning and ImplementationImplementing Resettlement Plans

Section 3: Involuntary Resettlement in Selected Sectors

Resettlement in Urban AreasResettlement in Linear ProjectsDams and Resettlement: Building Good PracticeResettlement in Natural Resources Management and Biodiversity Projects

Appendix 1: World Bank Involuntary Resettlement Policy OP/BP 4.12Appendix 2: Checklist for Census InformationAppendix 3: Census FormsAppendix 4: Terms of Reference for a Socioeconomic StudyAppendix 5: Matrix of Resettlement ImpactsAppendix 6: Resettlement Entitlement Matrix China Yangtze Basin Flood

Control ProjectAppendix 7: Resettlement BudgetAppendix 8: Resettlement Timetable Appendix 9: Resettlement Supervision Guidelines

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PART II: ASSESSMENT OF JSIF SAFEGUARDS COMPLIANCE CAPACITY

3. JSIF’s POLICIES & PROCEDURES

3.1 External Regulatory FrameworkThe legal and institutional framework for the management of the environment in Jamaica, as in most other countries, has traditionally been sectoral in nature, with many different agencies having various environmentally-related powers and functions under different pieces of legislation, including:

The Town and Country Planning Act (1966) which empowers the Town & Country Planning Authority to prepared Development Orders, prescribing land use zones and development standards, and exercise powers of development control;

The Local Improvements Act (1914) which empowers Local Authorities (the Kingston & St. Andrew Corporation (KSAC) and the Parish Councils, to control the subdivision of land;

The Land Development and Utilization Act (1966) under which the use and development of agricultural land is controlled by the Land Development and Utilization Commission;

The Public Health Act (1974), vesting responsibility for environmental sanitation and the control of nuisances in the Ministry of Health and Local Boards;

The Clean Air Act (1961) vesting powers to control air pollution in the public health authorities;

The Jamaica National Heritage Trust Act (1985) establishing the Jamaica National Heritage Trust and empowering it to protect and preserve the national heritage, including both works of man or nature; and

The Water Resources Act (1995), establishing the Water Resources Authority and giving it control over water resources, including powers to protect water quality.

Jamaica led the way in the Commonwealth Caribbean in seeking to remedy this by enacting the Natural Resources Conservation Act (Act 9 of 1991), establishing the Natural Resources Conservation Authority (NRCA). This legislation provided for the first time for environmental impact assessments (EIAs) to be required for the undertaking of prescribed projects in Jamaica. These requirements applied only to designated areas; however, by an Order made under the principal legislation in 1996, the whole of Jamaica was designated as an area within which EIAs could be required. This order also listed the types of projects subject to EIA requirements. The Act also prohibited the grant by any other agency of any approval, licence, permit or consent for a project until after a decision to grant an environmental permit has been made.

There are over 60 types of projects for which EIAs can be required under the existing legislation. Any sub-projects to be undertaken under the JICBSP which are on the NRCA list would be subject to national EIA requirements, as well as JSIF’s Environmental Guidelines; however, very few of the projects on the NRCA list are on the menu of projects eligible for JSIF funding. The possible exceptions are:

Water treatment facilities, including water supply and desalination plants; Sewage and industrial wastewater treatment facilities; and


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Land reclamation and drainage projects.

In addition to an environmental permit, sub-projects eligible for JSIF funding may require other forms of regulatory approval, including planning permission or water abstraction licences, and/or the consent of the relevant line Ministries, such as Health and Education. In Jamaica, as elsewhere, this is largely an uncoordinated sequential process that can be expensive and time consuming. Under JSIF’s operational procedures, the design consultants are responsible for obtaining all the necessary approvals for individual sub-projects. JSIF enjoys no exemptions from the standard requirements and is offered no special facilities with respect to the processing of its applications.

The requirement for an EIA-based environmental permit to be obtained up-front added to the complexity of the pre-existing regulatory process. Jamaica was again in the forefront in the Commonwealth Caribbean in taking steps to address this problem. The National Environment and Planning Agency (NEPA), which was established in April 2001 under the Executive Agencies Act (Act 4 of 2000) as part of the Public Sector Reform Programme, brought together within one organization three entities, the NRCA, the Town Planning Department (TPD) and the Land Development and Utilization Commission (LDUC), previously responsible for separately administering different pieces of environmentally-related legislation.

The amalgamation of the NRCA, TPD and LDUC into NEPA has resulted in a more expeditious approvals process in which the progress of individual applications can readily be tracked. However, the new administrative alignment did nothing to address the problems of collateral jurisdiction and other deficiencies inherent in the pieces of legislation administered by NEPA, so that the three entities in NEPA are still not fully integrated. Consequently, NEPA is currently engaged in the process of consolidating and modernizing the legislation it administers. A first draft of a National Environment and Planning Act is in an advanced stage of preparation. This is the product of a process involving extensive consultations with stakeholders, including the local government authorities and the Bar Association. The enactment of this legislation should simplify the task of JSIF compliance with national environmental legal requirements.

3.2 JSIF’s Operations Manual & Environmental GuidelinesAs mentioned in §1.1, the preparation of an Operational Manual inclusive of detailed eligibility and appraisal criteria for all sub-projects, including EA policies and procedures, was a condition of the World Bank loan for the JSIFP.16 JSIF’s Environmental Guidelines were revised in May 2002 in the course of preparation of the NCDP, to reflect lessons learned from the implementation of sub-projects under the JSIFP,17 and further revised in 2004. The development of an Operations Manual and Environmental Guidelines conforms to the World Bank’s Safeguard policies as they apply to Social Fund projects.18

These documents are available in electronic as well as printed form and provide the framework for the organization’s administration of the Jamaica Social Investment Fund.

16 Supra, Footnote 1.17 Supra, Footnote 2.18 EA Sourcebook Update No. 24 “Environmental Assessment of Social Fund Projects” The World Bank Environment Department (Jan. 1999).


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3.3 Implementation of Environmental GuidelinesA local environmental consulting firm, Technological & Environmental Management Network Limited (TEMN), was engaged by JSIF to conduct a study of “Environmental Screening and Supervision of Projects under Implementation”. The main purpose of this assignment was to improve JSIF’s environmental management practices by means of an environmental performance review of completed JSIF projects and updating of JSIF’s Environmental Guidelines and Supervision Terms of Reference Template. The Consultants submitted three reports during the period January – May 2005.

The Phase 1 Report, submitted January 2005, includes a photo array and spreadsheet setting out TEMN’s findings with respect to the status of the 37 JSIF projects (approximately 7.5% of the projects completed by JSIF to date), including their compliance with the current JSIF environmental guidelines. It identifies areas of non-compliance and makes recommendations for remedial work necessary to achieve full compliance of the existing guidelines. Although the Consultants observed minor instances of non-compliance with JSIF’s Environmental Guidelines in the cases of 5 of the 37 projects, TEMN concluded that in general JSIF’s completed projects all appear to have been well executed with apparent active stakeholder participation and consequently a reasonably strong commitment to ensuring sustainability.

3.4 Revision of Environmental GuidelinesAs mentioned in §3.3, TEMN’s assignment involved updating JSIF’s Environmental Guidelines. A revised text of JSIF’s Environmental Guidelines is included in Appendix to TEMN’s Phase 2 Report “Preparation of Updated JSIF Operations & Maintenance Manual”, submitted in February 2005. The revision consists primarily of the reorganisation of the text in a more logical order, so that the section on Environmental Monitoring and the JSIF Project Cycle now precedes the General Guidelines for all projects and the Specific Guidelines for different types of projects, and all provisions that are general or specific in character appear in the appropriate sections. In addition, however, new text has been incorporated into both the General Guidelines and the Specific Guidelines.

Minor changes have been made to the General Guidelines for the Project Planning & Design phase. The major changes that have been made to the General Guidelines relate to the Construction phase of projects. New provision with respect to site hazards and safety, the contractor’s plant and equipment and chance finds of culturally significant artefacts have been incorporated into the Guidelines. Minor changes have also been made to the General Guidelines for the Operations and Maintenance phase. These relate to hazard mitigation and solid waste management. The major change with respect to the Specific Guidelines is the inclusion of a new section containing environmental guidelines for the design, construction and operation and maintenance of schools.

The new chance find procedures for cultural property are consistent with World Bank policy as set out in the Environmental Assessment Sourcebook19 and updates,20 and bring the provisions of JSIF’s Environmental Guidelines into compliance with Safeguard Policy OPN 11.3.

19 Environmental Assessment Sourcebook (1999) Section 3: “Social and Cultural Issues in Environmental Review”; Cultural Property §10.20 “Cultural Heritage in Environmental Assessment” EA Sourcebook Update No.8 (September 1994; Reissued December 1996).


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4. JSIF’s INSTITUTIONAL CAPACITY

4.1 JSIF’s Institutional FrameworkJSIF was established as a limited liability company under the Companies Act as a temporary intervention by GOJ and it is exempt by a Memorandum of Understanding with GOJ from some of the restrictions concerning procurement procedures and remuneration of personnel that apply to Government Companies. Due to the temporary nature of JSIF and the non-civil service status of its staff, the members of JSIF managerial and technical staff are considered as consultants to GOJ and are employed on short-term contracts.

As a result JSIF has a fairly rapid turn-over of staff; however, this does not mean that JSIF is chronically understaffed. A survey commissioned by JSIF’s Human Resources (HR) Department in 2003 found that the basic salaries offered by JSIF are more competitive than those offered by its benchmark organizations (other public sector corporations and agencies), although the total benefit package may not be as attractive to persons considering factors such as job security and pension rights. Based on exit interviews of persons who left JSIF in 2004 conducted by the HR Department, it is known that the majority of persons who left JSIF voluntarily were migrating to take up employment elsewhere in the Caribbean or abroad and only one person left to join another company in Jamaica.

JSIF’s organizational structure remains basically as illustrated in the Organogram in JSIF’s Operations Manual;21 however, some changes have been made within the Operations Department that will have the effect of strengthening JSIF’s environmental capabilities. An Environmental Coordinator has been appointed at the level of Projects Coordinator and two positions of Environmental Officer have been established at the level of Project Officer. JSIF is currently advertising for qualified persons to fill these positions. It is not anticipated that there will be any difficulty in recruiting staff to fill these entry level positions as there are adequate training opportunities in disciplines relevant to environmental management in Jamaica and elsewhere in the Caribbean. The position of Environmental Adviser is also being retained to permit JSIF to supplement its in-house capabilities with the services of more experienced environmental specialists on a short-term basis. The Consultants distributed a questionnaire to 10 project officers and other personnel in the Operations Department of JSIF, of which 4 were returned. Three of the four respondents had more than seven years experience in project management. All were acquainted with the existence of the World Bank’s Safeguard policies, either from reading the JSIF’s Operations Manual, or attendance at meetings or formal seminars. Three of the four thought they could benefit from further training in environmental management, including greater exposure to the Safeguard Policies. They were unanimous in the view that JSIF’s management is committed to environmental management policies. However, the survey also revealed that project officers encounter some difficulties in the performance of their duties due to their workload, a lack of adequate administrative assistance, slow decision-making at higher levels and inadequate material support, including a lack of technical items and transportation problems.

21 JSIF Operations Manual (Revised 2004) p.14.


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4.2 Performance of EA Functions Table I summarizes the situation with respect to JSIF’s performance of EA functions,22

when assessed against the activities that should be carried out in the EA project cycle of Social Fund sub-projects, as outlined by the World Bank.23

In view of the fact that the environmental components of its operations are generally being implemented in a timely and satisfactory manner, JSIF’s performance can be described as highly satisfactory.24

22 Based on perusal of JSIF documents & interviews with JSIF Staff, 29-31/08.2004.23 Based on EA Sourcebook Update No.24 “Environmental Assessment of Social Fund Projects” (Jan.1999), p.4 “Figure 1: Environmental Assessment Process of a Social Fund Subproject.” 24 EA Sourcebook Update No. 14 “Environmental Performance Monitoring and Supervision”, The World Bank, (June 1996).


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TABLE IJSIF COMPLIANCE WITH EA PROCESS OF A SOCIAL FUND SUB-PROJECT

Step in Project Cycle Objective Actions JSIF ComplianceTargeting & Promotion Ensure that environmental issues are

introduced to beneficiariesEducate beneficiaries and intermediaries (CBOs/NGOs) and other executing agencies on environmental issues and requirements of the SF

An Environmental Module has recently been incorporated into the initial JSIF Training Workshop for beneficiary communities

Promote environmentally beneficial projects

JSIF menu does not include such projects. This is the mandate of the Environmental Fund of Jamaica (EFJ)

Ensure conformity with national environmental strategies

JSIF projects are subject to all normal regulatory requirements

Project Formulation Ensure that environmental issues are considered at earliest stage of the project cycle

Provide technical assistance directly to project formulators when necessary or direct them to qualified specialists who can help in project formulation

JSIF provides technical assistance and/or expert assistance

Ensure impacts are identified & alternative sites and/or designs and mitigation measures are considered by project proponents

This is an integral aspect of the JSIF project design process

Project Appraisal Ensure that environmental impacts have been analyzed & appropriate mitigation measures designed

Screen project proposals to categorize projects according to type of environmental review that will be necessary

This aspect of the JSIF project appraisal process has recently been enhanced

Carry out either an Environmental Review, Limited Environmental Assessment or Full Environmental Assessment, which will identify impacts and design appropriate mitigation measures

This is an integral aspect of the JSIF project appraisal process. Because of their scale, JSIF projects ordinarily require only Environmental Review or Limited Environmental Assessment

Project Approval Select most needed & environmentally sound projects for funding

Once project has been screened and any necessary environmental review or assessment has been carried out, project can be approved if it meets viability criteria

This is JSIF practice

In some cases, approval may be denied if the environmental assessment recommendations have not been incorporated into project design

This is JSIF practice. Projects have been declined when required mitigation measures are unaffordable


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Step in Project Cycle Objective Actions Status

Project Implementation & Supervision

Ensure that all design standards and mitigation measures are being properly implemented

Prepare contracts with environmental clauses for contractors/communities/ NGOs to execute projects

Standard forms of design and construction contracts contain environmental specifications and/or conditions.

Undertake site visits to ensure that environmental criteria and mitigation measures, as required by contracts, have been incorporated into project

Site visits are undertaken by both JSIF staff & their project supervision consultants

Require changes to project design and/or implementation if unforeseen impacts occur

This is JSIF practice; e.g. recent introduction of chance find procedures for cultural property

Approval required to issue final payment for project construction

Checks for environmental compliance have recently been added to procedures for release of payment

Project Monitoring & Evaluation Ensure that all environmental contractual obligations are being met and EA process is refined

Site visits during project execution and operation to assess how environmental screening and mitigation measures are succeeding/ have succeeded in minimizing impacts

An environmental performance review of 37 JSIF projects was completed by consultants in January 2005

Determine if changes are needed to improve EA process

A review of JSIF Environmental Guidelines was completed by consultants in February 2005

Meet with contractors/community representatives to gather feedback

A Workshop for this purpose is scheduled for September 2005


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4.3 Implementation Support for JSIFJSIF has adopted participatory methods of discharging its mandate that encourage the involvement of stakeholders in decision-making. Partnership with other Governmental organizations, both at the national and local levels of government, is a core element of JSIF’s approach to achieving its stated objectives.

In order to reduce delays and facilitate speedy development and implementation of projects, JSIF has entered into Inter-Institutional Agreements with several partners that establish formal mechanisms for collaboration and coordination of activities. These agreements identify liaison officers between the two organizations and provided for the exchange of information and data. The agencies of GOJ with which JSIF has signed such written agreements and the dates on which the agreements were signed are given in Box 4.3.

Apart from the Project identification and Appraisal Agreement with SDC (Feb 2004), JSIF has not signed any new Inter-Agency Agreements since 1998 and does not have a formal agreement with NEPA (which was established in 2001). Currently, JSIF gets no implementation support from NEPA and the latter is of the view that JSIF is not in need of such support; however, both agencies agree that JSIF should enter into a formal Inter-Agency Agreement with NEPA.

One other agency with which JSIF should seek to negotiate an Inter-Agency Agreement is the National Water Commission (NWC). An impact evaluation of JSIF carried out by consultants in 2002 indicated that the main institutional problems affecting JSIF’s projects arise from the handover of water supply projects to NWC.25 The communities reported that they felt they had little contact with or support from JSIF in their disputes with NWC after water projects were handed over to NWC upon completion. In the most egregious case this led to a breakdown in relations between the community and the CBO sponsoring the project and the repair of and reversion to the old pre-JSIF intervention water supply systems by the community, in order to avoid having to deal with the NWC.

5. AREAS FOR IMPROVED POLICIES AND PROCEDURES

5.1 Further Revision of Environmental GuidelinesAs mentioned in §3.4, JSIF’s Environmental Guidelines have recently been revised by other consultants to comply with World Bank’s Safeguard requirements as indicated at the Concept Stage of the JICBSP.26 However, the Revised Guidelines27 still contain certain flaws and are capable of improvement. The major defects noted by the Consultant and the Consultant’s recommendations with respect to their rectification are discussed below, but it should be noted that implementation of these recommendations

25 ITAD Limited, Impact Evaluation of JSIF- Final Report - Vol.1: Main Report (Feb. 2002), pp.72-7326 Jamaica Inner City Basic Services for the Poor Project, Integrated Safeguards Data Sheet (ISDS) Concept Stage, Report No.AC997, World Bank, October 12, 2004. 27 TEMN Ltd, Phase 2 Report: Preparation of Updated JSIF Operations & Maintenance Manual; “Appendix C”; (Feb. 2005).


Box 4.3

JSIF’s Inter-Agency Agreements

Rural Agricultural Development Commission - May 02, 1997Ministry of Education, Youth & Culture - Jun. 24, 1997 Ministry of Health - Sep. 05, 1997Ministry of Labour, Social Security & Sports - Sep. 26, 1997Human Employment & Resource Training/

National Training Agency (HEART/NTA) - Oct. 30, 1997 Social Development Commission (SDC) - Jan. 23, 1998Project Identification and Appraisal Agreement (SDC)- Feb. 2004

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is not considered to be essential to JSIF compliance with World Bank Safeguard Policies.

1) The last sentence in section 1.1A “JSIF Project Menu” should be amended as sub-projects under the JICBSP may involve the relocation of individuals or communities.

2) The listing of World Bank OPs with which JSIF sub-projects must comply, in Section 1.1 B “Precautionary measures in project selection”, is not complete as respects the Safeguard Policies applicable to the JICBSP and should be revised.

3) The second paragraph under section 1.3 “JSIF and Environmental Management” does not reflect the new organizational arrangements. It should be amended to reflect the role of the Environmental Coordinator. Where appropriate, references in the document to the Environmental Advisor should be replaced with references to the Environmental Coordinator.

4) The first sentence of the first paragraph under the heading “Negative” in section 1.4 “The Environmental Impacts of JSIF projects” should be revised to take into account the fact that some sub-projects under the JICBSP may have impacts in the pre-construction phase, i.e. in cases where involuntary resettlement is necessary. This should also be reflected in the General and Specific Guidelines which currently speak only to the Design, Construction and Operations and Maintenance phases.

5) The JSIF project cycle, as illustrated in Figure 1 “Diagram of Environmental Inputs in the JSIF Community Project Cycle” and explained in section 2.0 “Environmental monitoring and the JSIF Project Cycle” 28 is not fully consistent with the JSIF project cycle as illustrated in Figure 4.1 in the JSIF Operations Manual. The discrepancies between the headings of the nine stages in the JSIF project cycle, as shown in the boxes in the two flow charts, are set out in Table 5.1.

In the 2005 Revision of the Environmental Guidelines some changes have been made to the nomenclature used with respect to stages 7 to 9 of the project cycle in Figure 1 in the 2004 version, but even these changes are not referable to the stages of project cycle as illustrated in the Operations Manual. These inconsistencies should be eliminated to underline the point that Figure 1 shows the environmental inputs into the activities being undertaken at each stage in the project cycle, which according to the accompanying text commence at stage 4 of the JSIF project cycle. Hence, boxes 1 to 3 of the JSIF project cycle as shown in the “Diagram of Environmental Inputs in the JSIF Community Project Cycle” (Figure 1 of the Environmental Guidelines) should contain no activities.

TABLE 5.1JSIF PROJECT CYCLE NOMENCLATURE

Stage#

JSIF Project Cycle Environmental Inputs

28 In the 2005 Revision; this is Section 4.0 in the 2004 Revision.


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1 Promotion Generating Applications2 Developing Applications Screening Applications3 Project Application Review Registration or rejection4 Project Concept Development &

Social ReviewProject Concept Development

5 Project Design & Review Project Design & Review6 Project Approval Project Approval 7 Project Implementation Project Implementation8 Project Completion Project Completion9 Evaluation & Support for

Sustained Use, Operations & Maintenance

Post-project Activities

6) There are several places in the Operations Manual and Environmental Guidelines (2004) where reference is made to one or the other of the “JSIF Environmental Handbook for Construction Supervision and Monitoring” and/or “JSIF Operational and Maintenance Manual for Infrastructure Projects.” These statements have been repeated verbatim in the Revised Environmental Guidelines 2005. The Consultant has been advised that these documents, if they ever existed, are not currently available. If this is correct, the Guidelines should be revised accordingly.

7) In the General Guidelines for the design phase of infrastructure projects it is said that the relevant regulatory approvals and/or no objections “must be obtained”, but no indication is given as to whose responsibility it is to take the necessary action. This is evidently the responsibility of the Design Consultants on individual sub-projects, not JSIF’s staff, and the Guidelines should be amended to reflect this.

8) There are a number of cross-references in the text of the Environmental Guidelines to documents said to be in the Annexes to the Operations Manual, which are either inaccurate in terms of their citation or can not be reconciled with the contents of the documents included in the Annexes. These have not been corrected in the 2005 Revision. A thorough review of the standard forms in the Annex that are relevant to the Environmental Guidelines is required. These should be updated (to include, for example, the Environmental Management Forms for Road, Construction and Sanitation Projects now in use) and consolidated in one Annex.

5.2 Complimentary Instruments/Guidelines

5.2.1 Contract Documents In the section of the Environmental Guidelines dealing with environmental inputs into the contracting stage of the JSIF project cycle, 29 it is stated that, “In order to maintain the integrity of the environmental considerations given prior to contracting, the proposed mitigation measures should be provided by the technical officer and included within clauses of the contracting documents of the supervisors and contractors. Also to be

29 §2.4A (2005 Revision).


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included within the contracting document are penalties for non-compliance to (sic) mitigation measures by contractors and/or supervising consultants.” The Consultants have examined the standard forms of contract documents utilized by JSIF to verify these statements.

JSIF’s standard contract for civil works is made up of four standard forms, customized for the particular agreement, together with several appendices referred to in the agreement. The four standard forms, which are not currently annexed to the Operations Manual, are:

JSIF Construction Agreement; General Conditions of Contract; Contract Data; and Specifications.

The usual appendices would be:

Insurance Cover Note; Financial Guarantee; Work Programme; and Environmental Management Plan (EMP).

The EMP form, which has recently been incorporated into the contract documents and is not referred to in the Environmental Guidelines, sets out the possible impacts anticipated and mitigation measures to be taken with respect to different activities on the project, and any alternative mitigation measures proposed by the contractor, and it contains a column for the recording of EM compliance by the supervisor. The inclusion of the EMP in the contract brings JSIF’s contracts closer to compliance with what is promised by the Guidelines, because the standard forms of contract, including the specifications, are virtually silent with respect to JSIF’s environmental requirements.

The claim made in the Guidelines that the contract documents contain penalties for non-compliance with mitigation measures by contractors and/or supervising consultants is inaccurate. Like any standard form of contract for civil works, the JSIF contracts provide general remedies for breach of contract. These include the payment of liquidated damages in certain circumstances and termination for breach of contract in others. The provisions with respect to termination empower JSIF to give notice to contractors requiring them to remedy any failures in the performance of their obligations under the contract within 30 days. There are no special penalties for non-compliance with environmental requirements.

These conventional provisions are not adequate to enforce environmental requirements. Non-compliance with environmental requirements may result in damage that cannot easily be remedied or adequately compensated for by payment of money. Moreover, a breach of environmental conditions in a contract can involve activities that require immediate discontinuation and correction, in the case of which a 30-day notice period is inappropriate. Hence, it is recommended that JSIF should take steps to strengthen the enforcement provisions of the standard form of contract for civil works, with specific reference to defaults in environmental compliance.


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5.2.2 ISO 14000 EMSIn 1996 the Jamaica Bureau of Standards (JBS) adopted the ISO 14000 series suite of environmental management standards as voluntary national standards. These standards are listed in Table III. The JBS is the local agency for ISO 14000 certification and provides training in the implementation and auditing of these national standards.

TABLE IIINATIONAL ENVIRONMENTAL MANAGEMENT STANDARDS

Standards No. TitleJS ISO 14001 Environmental Management Systems – Specification with

Guidance for UseJS ISO 14004 Environmental Management Systems – General Guidelines

on Principles, Systems and Supporting TechniquesJS ISO 14010 Guidelines for Environmental Auditing – General PrinciplesJS ISO 14011 Guidelines for Environmental Auditing – Audit Procedures –

Auditing of Environmental Management SystemsJS ISO 14012 Guidelines for Environmental Auditing – Qualification Criteria

for Environmental Auditors

In 1999 the GOJ embarked on the process of preparing a policy and strategy on environmental management systems (EMS). This effort, spearheaded by NRCA/NEPA, involved a number of agencies, the preparation of several background papers and the publication of a Green Paper in June 2001. This document was put through an island-wide consultative process focusing on certain target groups, leading to the preparation of a White Paper in September 2002.30

One of the Guiding Principles of the EMS Policy is that GOJ will provide leadership by “greening” its own operations as a first step towards responsible environmental stewardship. In the Policy, GOJ commits itself to set an example in improving its own environmental performance by utilizing EMS and to building capacity within the public sector for effective implementation of EMS. GOJ does not intend to mandate the use of EMS by legislation, although it proposes to amend relevant legislation to foster the adoption of EMS. All Government departments and agencies will be required to demonstrate their commitment by incorporating EMS into their corporate plans within a 5-year timeframe and GOJ proposes to implement six EMS Pilot Projects in relevant local and central government agencies within the first three years of this period.

Preparation of an EMS for JSIF as a whole, with a view to attaining ISO 14001 certification, is not within the scope of the services to be rendered by the Consultant under the Jamaica Inner Cities Basic Services Technical Studies and Preparatory Activities Project. However, in light of the mainstreaming of environmental issues in its operations, JSIF is well positioned to host one of these EMS Pilot Projects, which GOJ has undertaken to fund through its annual subventions or by means of bi-lateral or multi-lateral project funding.

30 NEPA, “Towards a National Policy and Strategy on Environmental Management Systems (EMS)”, Final Draft, September 2002.


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5.3 Environmental Management and Resettlement Frameworks for JICBSPThe Terms of Reference for the Jamaica Inner Cities Basic Services Technical Studies and Preparatory Activities Project identify the design of an environmental management framework (EMF) and a resettlement framework (RF) for sub-projects to be financed by the ICBSP and implemented by JSIF, as specific areas in which the World Bank requires improvements to JSIF’s policies and procedures.

The design of a RF is a completely new exercise, as JSIF has not financed sub-projects involving involuntary resettlement in the past. As mentioned in sections 2.1.6 and 2.4, general guidance with respect to the preparation of a RF can be found in §23-§25 of OP4:12 Annex A and specific guidance, including detailed guidance with respect to resettlement in urban areas, can be found in the World Bank’s Involuntary Resettlement Sourcebook (2004). Hence, interpretation of the Terms of Reference for this work is uncomplicated.

This is not the situation with respect to the design of an EMF. World Bank Guidance with respect to the preparation of an Environmental Management Plans (EMPs) can be found in OP 4:01 Annex C “Environmental Management Plan” and EA Sourcebook Update No.25 “Environmental Management Plans” (Jan. 1999). However, as the ICBSP is a Social Fund project, the specific sub-projects to be funded will not be known until after the project has been implemented, so what is required is an EMF which assures the Bank that its safeguard requirements will be met via the preparation of EMPs for the sub-projects to be funded under the ICBSP. As explained in section 1.1, the ICBSP is a “third generation” World Bank-funded project and JSIF has in place an Operations Manual and Environmental Guidelines developed and revised under the previous projects. Hence, the EMF for the ICBSP can be built on the existing policies and procedures.


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PART III: ENVIRONMENTAL MANAGEMENT FRAMEWORK

6. JSIF Environmental Management Framework

This section presents the Environmental Management Framework (EMF) for the JSIF Inner City Basic Services Project (ICBSP). This EMF is in fulfilment of the Consultants’ Terms of Reference (c) which is ”the design of an EMF for sub-projects to be financed under the Inner City Basic Services project and to be implemented by JSIF and its current Managemet Information system. The EMF should include site screening criteria, typology of probable infrastructure projects, chance find procedures for cultural values, and procedures to manage environmental impact expected by the type of sub-projects to be financed under the ICBSP.” Specific guidelines for the EMF are given in Annex I.

The Environmental Guidelines in the JSIF Operations Manual specifies that all JSIF infrastructure sub-projects should comply with donor requirements for environmental management. As the donor the World Bank’s Operation Manual and Operational Policies must be used to ensure that environmental requirements are fulfilled. As discussed in Section 2 the World Bank has ten key operational policies that are essential for ensuring that potentially harmful environmental impacts are identified and mitigated. Compliance with these policies is therefore essential for the JICBSP. The ten operational policies are detailed in Sub-sections 2.1.1 to 2.1.10.

In fulfilling the TOR’s as required, the Jamaican legislative and administrative context and the relevant legal instruments applicable to the ICBSP sub-projects have been identified, and the JSIF and World Bank Environmental Guidelines reviewed. The typology of probable infrastructure projects was reviewed and the potential negative impacts identified. Mitigation measures have been outlined to minimise these negative impacts, and the relevant monitoring requirements, public consultation requirements and institutional arrangements have also been presented.

6.1 Legislative and Administrative Context

6.1.1 The National Environment and Planning Agency

In 1991, Jamaica promulgated the Natural Resources Conservation Authority Act by which an Authority (the NRCA) was established to provide for the management, conservation and protection of the natural resources of Jamaica. The NRCA, was also charged with administering the Beach Control Authority Act (1956) the Watershed Protection Act (1963) and the Wildlife Protection Act (1945).

In 2001, the National Environment and Planning Agency (NEPA) was formed through a merger of the NRCA, the Town Planning Department (TPD) and the Land Utilisation and Development Commission (LUDC). This regulatory agency now has responsibility for the legislation listed above as well as the other relevant instruments such as the Town and Country Planning Act and the Land Development and Utilisation Act.

NEPA therefore represents an amalgamation of the Natural Resources Conservation Authority (NRCA) which has a statutory mandate for the conservation, protection and proper management of the natural resources of Jamaica; the Town and Country Planning Authority (TCPA) which has the statutory mandate to ensure the orderly planning of Jamaica, and the

Jamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427) 35

Land Development and Utilization Commission (LDUC) with a statutory mandate to ensure that prime agricultural lands are kept in agricultural production.

NEPA is in the process of promulgating the National Environment and Planning Agency Act which will reconstitute NEPA and consolidate and modernize the substantive law that it administers.

6.1.2 The Permit and License SystemThe Application Process as managed by NEPA is governed by the Permit and License System, which came into effect on January 1, 1997. The Permit & License System (P&L) is a mechanism to ensure that all Jamaican facilities (developments) meet required standards in order to minimize negative environmental effects.

The Permit & License System seeks to do the following:

Ensure compliance with Sections 9 and12 of the NRCA Act of 1991, which gives the NRCA the right to issue permits to persons undertaking new developments and request EIA studies where necessary.

Ensure that environmental considerations are taken into account early in the planning of new projects.

Monitor the discharge of certain waste into the environment.

Ensure compliance with established NRCA environmental standards and conditions of approval.

Ensure that goods and services are produced in an environmentally sound manner.

Bring existing facilities into compliance with environmental standards.

Permits will be required by persons undertaking new developments, and which fall within a prescribed category. Licences will be required for the discharge of trade or sewage effluent and for the construction or modification of facilities. Under the NRCA Act of 1991, the NRCA is authorized to issue, suspend and revoke permits and licences if facilities are not in compliance with the environmental standards and conditions of approval stipulated.

An applicant is required to complete an application form (for permit and or licence) and a Project Information Form (PIF) for submission to the NRCA. These forms can be obtained at NEPA and the regional offices of the Jamaica Information Services. Guidelines for Project Proponents are issued along with application forms.

The Project Information Form (PIF) provides information, which enables the NRCA to determine whether the applicant needs to conduct an Environmental Impact Assessment (EIA). If an EIA is required, the applicant should be notified within ten (10) days of NEPA’s receipt of the PIF. Where potential environmental impacts are deemed minimal, no EIA may be required.

The subprojects to be implemented under the JSIF Inner City Basics Services project are expected to produce reversible environmental impacts during implementation. However, the scope and nature of the projects may require NEPA approval and project documentation including a Project Information Form, and a Permit Approval Form may need to be completed. Because of the nature of the entire project and the sub-projects, and considering


JSIF’s mandate, it is recommended that dialogue between JSIF and NEPA be initiated with the aim of streamlining the potential JSIF application requirements for NEPA approval. This dialogue could be supported by submission of the JSIF project brief, operations manual and these Environmental Management and Resettlement Frameworks, and should be formalized with a Memorandum of Understanding.

In addition to the formal application process NEPA also accommodates pre-application discussions and Letters of Inquiry, the responses to which can offer guidance in project development and implementation.

6.1.3 The Environmental Impact Assessment ProcessThe term ‘environmental impact assessment’ describes a technique and a process by which information about the interaction between a proposed development project and the environment is collected, analysed, and interpreted to produce a report on potential impacts and to make recommendations for decision-makers. The results of the study are taken into account by NEPA in determining whether the development should be allowed, and under what specific and general terms and conditions. In this regard the environment includes all relevant aspects of the natural and human or built resources on the project development site, as well as within the sphere of influence (setting) of the proposed development. The EIA investigates the characteristics of the environment into which the development will be placed, and evaluates the expected interaction with the physical, biological and built environment.

In 2005 NEPA upgraded the Guidelines for Environmental Impact Assessment which was initially prepared in 1996. These guidelines are based on World Bank Guidelines and incorporates the experiences of the EIA process over the last nine years. If NEPA does not require an EIA for a particular development, they may request the submission of particular documentation in support of the permit application. An environmental Report or an Environmental assessment may be requested, but these are not commonly used within the NEPA system.

However, If projects do not require an Environmental Impact Assessment or a permit by NEPA it is recommended that the ICBSP Environmental Consultant prepare some documentation on the environmental aspects of the project area and the potential environmental impacts that may arise from project implementation. This would help to guide the project team in ensuring that the project implementation occurs in an environmentally sound manner.

6.1.4 Prescribed CategoriesUnder the Permit and License System several categories of development have been defined that require a permit. The following is a list of prescribed categories under the NRCA Act.

Development projects Subdivisions of 10 to 50 lots Subdivisions of 51 lots or more Housing projects of 10 to 50 projects Hotel resort complex of 12 to 50 rooms Hotel resort complex of 51 rooms or more


o Citrus, coffee, cocoa, coconut, sugar cane processing factorieso Solar salt productiono Water shed development and soil conservation projects including river

training such as river channel diversion works and works for the transfer of water resources between river basins, check dams, and retaining walls

o Agro processing and processing of agricultural wasteso Office complexes of 5000 square meters or greatero Eco tourism and nature tourism projects o Water treatment facilities, including water supply and desalination plants o Fish and meat processing o Food processing plants o Detergent manufacturing including manufacturing of soap o Manufacturing of containers and package materials including cans, bottles,

boxes and cartonso Distillery brewery and fermenting facilitieso Manufacturing of edible fats, oil and associated processeso Tannerso Boxing plantso Manufacturing of textileso River basin development and improvemento Irrigation and water management and improvement projectso Slaughter house and abattoirso Theme parks o Hospitalso Airports and air fields, including runway expansion greater than 20% of the

original lengtho Sewage and industrial waste water treatment facilitieso Metal processing

Ferrous metals Non ferrous metals Metal Plating Foundry operations

o Industrial projects Chemical plants

o Pulp, paper and wood processingo Petroleum production, refinery, storage, and stockpilingo Cement and lime productiono Paint manufactureo Manufacturing of pesticides or other hazardous or toxic substanceso Construction of new highways, construction of arterial roads, construction of

new roads on slopes greater than 20 degrees, major road improvement projects including construction of a road of 4 or more lanes or realignment or widening or an existing road into four lanes where such road realignment or widening would be ten (10) kilometers or more in continuous length

o Land reclamation and drainage projectso Modification, clearance or reclamation of wetlandso Dredging, excavation, clearing and reclamation of riverine, swamp, beach

wetlands or marsh areas o Solid waste treatment and disposal facilities including waste disposal

installation for incineration and chemical landfills or systems for the destruction reprocessing or recycling of such waste

o Cemeteries and crematoria Jamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427) 38

o Introduction of flora, fauna and genetic materialo Introduction of genetically modified organismso Hazardous waste storage, transportation, treatment or disposal facilitieso Clear cutting of forested areas and clearing of trees on land of 3 hectares and

over on slopes greater than 25 degreeso Golf Courseso Transportation centres for more than 10 vehicleso Construction or demolition of reservoirs, dams, dykes and aqueductso Railways, tramways, and cable car operations o Causeway and multiple span bridgeso Shopping centreso Aquaculture facilities and ponds and intensive fish farmingo Storage of scrap metal including derelict vehicles o Off shore drilling for extraction of oil, natural gas or minerals o Dry cleaning operations o Mining, quarrying and mineral processing, bauxite, peat, sand, minerals,

including aggregate, construction and industrial materials Metallic Non metallic

o Ship yardso Marinas and boat yardso Power generation plants including hydroelectric plants and installations for the

harvesting of wind power for energy production and nuclear reaction above one megawatt

o Electrical transmission lines and substations greater than 69 kv o Pipelines and conveyors including underground cables, gas lines, and other

such infrastructure with a diameter of more than 10 centimeters for the transport of gas, oil, or chemicals

o Port and harbour development

The typology of projects under the ICBSP that would require a permit, based on the NEPA list of Prescribed Categories are:

Water treatment facilities, including water supply and desalination plants Sewage and industrial waste water treatment facilities (this category would include

drains and gullies and sewerage and sanitation works.

However, it is recommended that the typology of projects and more detailed project information be submitted to NEPA, for their determination and guidance on permitting requirements.

Based on the list of prescribed categories most of the JSIF sub-projects may be exempt from the permit requirements. However categories such as water treatment facilities and sewage treatment facilities would require a permit. Other categories of JSIF sub-projects which are not a part of the ICBSP but which would require permits are:

Building permission to expand buildings License to discharge trade effluent and sewage Permits for Eco-tourism projects Permits for Pipelines and Conveyers Permits for Solid Waste Treatment and Disposal Facilities


6.1.5 Strategic Environmental AssessmentsA Strategic Environmental Assessment (SEA) is defined as “the formalized, systematic and comprehensive process of evaluating the environmental impacts of a policy, plan or programme and its alternatives, including the preparation of a written report on the findings of that evaluation, and using the findings in publicly accountable decision-making” (Therivel et al, 1992). A policy may be defined as an inspiration and guidance for action, a plan as set of co-ordinated and timed objectives for the implementation of a policy, and a programme as a set of projects in a particular area (Wood, 1991).

An SEA may be described as an EIA of policies, plans and programmes, where impacts are predicted at a strategic level. Cumulative Impacts which are applicable to EIA’s are certainly of increased importance in the SEA. In fact individual project EIAs will not adequately consider the cumulative impacts caused by several projects being proposed by developers, independent or otherwise.

An SEA should be carried out early in the decision-making process and should encompass all of the projects of a certain type or within a certain area. The SEA may ensure that alternatives are adequately assessed, that cumulative impacts are considered, that the public is fully consulted and that decisions concerning individual projects are made in a proactive way rather than in a reactive way (Glasson et al, 1994).

Four SEAs have been conducted in Jamaica in recent years, and serve to show the

following:

a. the emerging importance of the SEAb. the contribution of the SEA to informed decision-makingc. the benefits of the SEA to the developer, andd. the early dissemination of information to the public on proposed developments

These four SEAs have been for four distinctly different types of projects, in four different geographical areas, each with a unique set of issues. These SEAs are:

a. Port Royal Heritage Tourism Project (The proposed development of a town in a renowned heritage area, with themed sections, and associated development for the cruise ship and tourism market).

b. Highway 2000 (The proposed development of a cross nation, toll road covering over 240 km and traversing different types of terrain)

c. Rose Hall Developments Ltd. (The proposed development, based on government mandate, of prime north coast real estate, for the tourism market, and to include hotels, golf courses, condominiums and conference center.)

d. Harmony Cove Master Plan (The proposed development of a luxury signature resort in Trelawny to include villas, spas, hotels, golf courses and a marina.)

Recognizing the emerging importance and application of the SEA, NEPA has produced a Draft Manual on conducting Strategic Environmental Assessments. The SEAs should be considered as the wider context in which some of the JSIF sub-projects may take place.

6.2 National Legislation and Policies – Natural EnvironmentSeveral legal instruments, relevant to environmental protection should be taken into consideration in the course of project implementation. Those that are relevant to the context of the JICBSP are listed below:


6.2.1 Natural Resources Conservation Act (1991) The Natural Resources Conservation Act was enacted in 1991 and provided the basis for the establishment of the Natural Resources Conservation Authority (NRCA) with primary responsibility for ensuring sustainable development in Jamaica through the protection and management of Jamaica’s natural resources and control of pollution. Sections 9 and 10 of the NRCA Act stipulate that an Environmental Impact Assessment (EIA) is required for new projects and existing projects undergoing expansion.

As stated before this is the primary legal environmental instrument in Jamaica and it is with this instrument that JSIF would be required to apply for any required permits.

6.2.1.1 The Natural Resources (Prescribed Areas)(Prohibition of Categories of Enterprise, Construction And Development) Order (1996)

The island of Jamaica and the Territorial Sea of Jamaica has been declared as a Prescribed Area. No person can undertake any enterprise, construction or development of a prescribed description of category except under and in accordance with a permit. The Natural Resources Conservation (Permits and Licenses) Regulations (1996) gives effect to the provisions of the Prescribed Areas Order.

6.2.2 Wildlife Protection Act (1945) The Wildlife Protection Act of 1945 prohibits removal, sale or possession of protected animals, use of dynamite, poisons or other noxious material to kill or injure fish, prohibits discharge of trade effluent or industrial waste into harbours, lagoons, estuaries and streams, and Authorizes the establishment of Game Sanctuaries and Reserves. Protected under the Wildlife Protection Act are six species of sea turtle, one land mammal, one butterfly, three reptiles and several species of birds, including rare and endangered species and game birds. This Act is administered by NEPA.

All contractors and sub-contractors on the JSIF sub-projects should be made aware of these laws. Although the areas for project implementation are in residential areas, the proximity to areas with endangered species should be considered and secondary impacts, on wildlife in nearby areas, should be avoided.

6.2.2.1 The Endangered Species (Protection, Conservation And Regulation Of Trade) Act (1999)

This Act deals with restriction on trade in endangered species, regulation of trade in species specified in the schedule, suspension and revocation of permits or certificates, offences and penalties, and enforcement. Many species of reptile, amphibian and birds that are endemic to Jamaica but not previously listed under national protective legislation, or under international legislation, are listed in the Appendices of this Act. This Act was enacted in order to incorporate the Convention for International Trade in Endangered Species of Flora and Fauna (CITES) into domestic law, arising from the decision of the Jamaican Court of Appeal in the 1999 case of NRCA vs Sea Food & Ting International Ltd.

As for the Wildlife Protection Act, secondary impacts arising from project development and implementation should be avoided.


6.2.2.2 Water Resources Act (1995)

The Water Resources Act of 1995 established the Water Resources Authority (WRA). The WRA is authorized to regulate, allocate, conserve and manage the water resources of the island. The WRA is also responsible for water quality control and is required under Section 4 of the Act to provide upon request to any department or agency of Government, technical assistance for any projects, programmes or activities relating to development, conservation and the use of water resources.

Section 25 provides that the proposed user still has to obtain planning permission, if this is a requirement, under the Town and Country Planning Act. In addition, Section 21 of the Act stipulates that if the water to be used will result in the discharge of effluents, an application for a license to discharge effluents will have to be made to the NRCA or any other relevant body as indicated by the Minister.

With regard to underground water, Section 37 states that it is unlawful to allow this water to go to waste. However, if the underground water "interferes or threatens to interfere with the execution or operation of any underground works", it is not unlawful to allow the water to go to waste in order to carry out the required works, provided that there is no other reasonable method of disposing of the water. The WRA also has the power to determine the safe yield of aquifers. (Section 38).

Project implementation should ensure that contamination of aquifers through accidental release of contaminants or sedimentation, is avoided.

6.2.2.3 Country Fires Act (1942)

Section 4 of the Country Fires Act of 1942 prohibits the setting of fire to trash without prior notice being given to the nearest police station and the occupiers of all adjoining lands. In addition, a space of at least fifteen feet in width must be cleared around all trash to be burnt and all inflammable material removed from the area. Section 6 of the Act empowers the Minister to prohibit, as may be necessary, the setting of fire to trash without a permit.

Offences against this Act include:

Setting fire to trash between the hours of 6.00 p.m. and 6.00 a.m. (Section 5a); Leaving open-air fires unattended before they have been completely

extinguished (Section 5b); Setting fires without a permit and contrary to the provisions outlined in Section 6

(Section 8); Negligent use or management of a fire which could result in damage to property

(Section 13a); Smoking a pipe, cigar or cigarette on the grounds of a plantation which could

result in damage to property (Section 13b).

The purpose of this legislation is to control wildfires which may start when burning of garbage or vegetative matter is not properly supervised. The application of burning for clearing large tracts of land must be approved by the relevant authority.

6.2.2.5 The Clean Air Act (1964)This act provides guidelines for the conduct of operations which in the opinion of an inspector is likely to result in the discharge of smoke or fumes or gases or dust in the air.


An inspector may enter any affected premise to examine, make enquiries, make tests and take samples of any substance, smoke, fumes, gas or dust as he considers necessary or proper for the performance of his duties.

6.2.2.6 The Natural Resources Conservation Authority (Ambient Air Quality) Regulations 1996The national ambient air quality standards established under these regulations are categorized into two groups. In one group there are primary standards designed to protect human health and in the other, there are secondary standards designed to protect the environment and limit property damage.

The standards that are directly related to the JICBSP are summarized below in Table 6.2.2.7.

Table 6.2.2.7: Ambient Air Quality Standards

POLLUTANT AVERAGING TIME STANDARD µg/m3

Total suspended particulates

Annual24h

60150

PM10 (particulates with diameter <10 microns)

Annual24h

50150

Sulphur Dioxide Annual24h1h

Primary secondary80 60365 280700

Carbon Monoxide 8h1h

10,00040,000

Nitrogen Dioxide annual 100

6.2.2.7 Noise Standards

To date, Jamaica has no National legislation for noise, but World Bank Guidelines are used for benchmarking purposes. The NRCA is currently preparing a draft document for national Noise Standards.

Activities such as road works, trenching, movement of heavy vehicles can impact ambient noise levels especially within residential communities. The World Bank Guidelines should be used, and monitoring conducted, to ensure that noise levels do not create a nuisance to communities.

6.2.2.8 Water QualityThe NRCA has primary responsibility for control of pollution in Jamaica’s environment, including pollution of water, under the NRCA Act. National Standards exist for industrial and sewage discharge into rivers and streams. WHO Standards for drinking water are used, and these are regulated by the National Water Commission. The WRA can fix ambient water


quality standards under Part V of the Water Resources Act, but there are currently no national standards for ambient water quality of riverine systems.

6.2.2.9 The Natural Resources Conservation Authority (Trade Effluent) Regulations 1996Since 1996 Jamaica has draft regulations governing the quality of the effluent discharged from facilities to public sewers and surface water systems. These draft guidelines require the facility to meet certain basic water quality standards as stipulated in Section 17 of the regulation. The Authority has also promulgated draft ambient water quality standards for fresh and marine waters.

6.2.3 National Legislation and Policies – Human, Cultural and Social Environment

6.2.3.1 Town and Country Planning Act (1958)

Section 5 of the Town and Country Planning Act authorizes the Town and Country Planning Authority to prepare, after consultation with any local authority, provisional Development Orders required for any land in the urban or rural areas, so as to control the development of land in the prescribed area. In this manner, the Authority will be able to coordinate the development of roads and public services and conserve and develop the resources in the area.

A Development Order deals with the use and development of land in the area to which it applies, i.e. zoning. The Act makes no provision for the preparation of land use/development plans. In this respect the system of planning law in Jamaica is unique in the region and does not conform exactly to British planning law, on which it is based. Development Orders do not cover all areas of the island.

Section 10 of the Act states that a Development Order must include: clearly defined details of the area to be developed; regulations regarding the development of the land in the area specified; formal granting of permission for the development of land in the area.

Any person may, under Section 6 of the Act, object to any Development Order on the grounds that it is:

impractical and unnecessary; against the interests of the economic welfare of the locality.

However, if the Minister is satisfied that the implementation of the provisional Development Order is likely to be in the public interest, he may, under Section 7 (2) of the Act, confirm it with or without modification by publishing a notice in the Gazette. Section 8 of the Act also gives the Minister the authority to amend a confirmed Development Order.

If the provisions of section 9A of the Natural Resources Conservation Authority (NRCA) Act apply to the development, the application can only be approved by the Planning Authority after the NRCA has granted a permit for the development. (Section 11 (1A). The Authority may impose a "tree preservation order" under Section 25 of the Act if it considers it important to make provision for the preservation of trees and woodlands in the area of the development. This order may:

prohibit the cutting down, topping, lopping or willful destruction of trees;


secure the replanting of any sector of the woodland area in which trees were felled during the forestry operations permitted under the order.

The tree preservation order is not applicable to the cutting down of trees which were already dead, dying or had become dangerous and the order can take effect only after it has been confirmed by the Minister.

The Minister can, under Section 26 of the Act, make regulations to restrict and regulate the display of advertisements in any area to be developed if he considers this to be in the interest of public safety. Section 28 of the Act empowers the local authority to require the owner or occupier of land in the development area to take the steps necessary to ensure its proper maintenance.

6.2.3.2 Land Development and Utilization Act (1966)

Under Section 3 of the of the Land Development and Utilization Act (1966), the Land Development and Utilization Commission is authorized to designate as agricultural land, any land which because of its "situation, character and other relevant circumstances" should be brought into use for agriculture. However, this order is not applicable to land, which has been approved under the Town and Country Planning Act for development purposes other than that of agriculture. Among the duties of the Commission outlined in Section 14 of the Act is its responsibility to ensure that agricultural land is "as far as possible, properly developed and utilized". This Act is now administered by NEPA, which has absorbed the Commission.

6.2.3.3 Public Health Act (1974)

The Public Health (Air, Soil and Water Pollution) Regulations 1976, aim at controlling, reducing, removing or preventing air, soil and water pollution in all possible forms. Under the regulations given:

(i) No individual or corporation is allowed to emit, deposit, issue or discharge into the environment from any source.

(ii) Whoever is responsible for the accidental presence in the environment of a contaminant must advise the Environmental Control Division of the Ministry of Health and Environmental Control, without delay.

(iii) Any person or organization that conducts activities which release air contaminants such as dust and other particulates is required to institute measures to reduce or eliminate the presence of such contaminants.

(iv) No industrial waste should be discharged into any water body which will result in the deterioration of the quality of the water.

This Act deals with potable water standards and wastewater disposal and is of significance to the JICBSP as sub-projects include the provision of potable water and sanitation systems.

6.2.3.4 The National Solid Waste Management Authority Act (2001)


The National Solid Waste Management Authority Act (2001) is “an act to provide for the regulation and management of solid waste; to establish a body to be called the National Solid Waste Management Authority and for matters connected therewith or incidental thereto”. The Solid Waste Management Authority (SWMA) is to take all steps as necessary for the effective management of solid waste in Jamaica in order to safeguard public health, ensure that waste is collected, sorted, transported, recycled, reused or disposed of, in an environmentally sound manner and to promote safety standards in relation to such waste. The SWMA also has responsibility for the promotion of public awareness of the importance of efficient solid waste management, to advise the Minister on matters of general policy and to perform other functions pertaining to solid waste management.

6.2.3.5 Jamaica National Heritage Trust Act (1985)

The Jamaica National Heritage Trust Act of 1985 established the Jamaica National Heritage Trust (JNHT). The Trust's functions, outlined in Section 4, include the following responsibilities:

To promote the preservation of national monuments and anything designated as protected national heritage for the benefit of the Island;

To carry out such development as it considers necessary for the preservation of any national monument or anything designated as protected national heritage;

To record any precious objects or works of art to be preserved and to identify and record any species of botanical or animal life to be protected.

Section 17 further states that it is an offence for any individual to: willfully deface, damage or destroy any national monument or protected national

heritage or to deface, damage, destroy, conceal or remove any mark affixed to a national monument or protected national heritage;

alter any national monument or mark without the written permission of the Trust; remove or cause to be removed any national monument or protected national

heritage to a place outside of Jamaica.

Project implementation is targeted for areas that may have historical or archaeological features, including Kingston and Spanish Town.

6.2.3.6 Land Acquisition Act (1947)

Section 3 of the Land Acquisition Act (1947) empowers any officer authorized by the Minister to enter and survey land in any locality that may be needed for any public purpose. This may also involve:

Digging or boring into the sub-soil; Cutting down and clearing away any standing crop, fence, bush or woodland; Carrying out other acts necessary to ascertain that the land is suitable for the

required purpose..

The Minister is authorized under Section 5 of the Act to make a public declaration under his signature if land is required for a public purpose provided that the compensation to be awarded for the land is to be paid out of the:

Consolidated Fund or loan funds of the Government; Funds of any Parish Council, the Kingston and St. Andrew Corporation or

the National Water Commission.


Once the Commissioner enters into possession of any land under the provisions of this Act, the land is vested in the Commissioner of Lands and is held in trust for the Government of Jamaica in keeping with the details outlined in Section 16. The Commissioner shall provide the Registrar of Titles with a copy of every notice published as well as a plan of the land. The Commissioner will also make an application to the Registrar of Titles in order to bring the title of the land under the operation of the Registration of Titles Act.

Land acquisition may be required to facilitate the proposed improvement works.

6.2.3.7 Registration of Titles Act (1989)The Registration of Titles Act of 1989 is the legal basis for land registration in Jamaica, which is carried out using a modified Torrens System (Centre for Property Studies, 1998). Under this system, land registration is not compulsory, although once a property is entered in the registry system the title is continued through any transfer of ownership.

6.2.3.8 Involuntary Resettlement PolicyJamaica's experience in resettlement has come mainly as a result of urban renewal and bauxite mining but documentation of the process has been limited. Proposed policy guidelines for involuntary resettlement were outlined in a draft report McHardy (National Involuntary Resettlement Policy March 1997, Draft Green Paper May 1998). The following measures were recommended as the principles and objectives of the policy:

Avoid unnecessary displacement Give the population the option of selecting their choice among possible alternatives Prepare Rehabilitation Action Plans which will ensure that the project-affected people

regain at least their "former standard of living and earning capacity after a reasonable transition period"

All project-affected people should be entitled to benefit from the rehabilitation measures even if they are not holders of legal property titles

Compensation money due to the persons being displaced should be paid well in advance of the date of their removal

Rehabilitation measures should include:

Cost of moving to the new site Compensation for losses to be incurred Subsistence/maintenance allowance during the transition period Development programme to assist those resettled in regaining or improving on

their previous living standards Considerations geared to minimize disruption during rehabilitation

Temporary and permanent displacement may be necessary in the case of unforeseen events under the JSIF Inner City Basic Services Project. Aspects related to resettlement have been covered separately under the Resettlement Framework, which forms a part of this report.

6.2.3.9 Pesticides Act

The Pesticides Act controls the importation, use and disposal of pesticides. Additionally, the JSIF Environmental Guidelines restricts the use of pesticides, which are on the World Health Organisation’s Hazardous Pesticides List. For projects financed by the World Bank, procurement of pesticides or the increased us of pesticides, requires an appropriate Pesticides Management Plan as stipulated by the World Bank’s Pest Management Operational Policy, OP 4:09 This policy speaks to proper selection, application, storage, handling, transport and disposal of pesticides.


6.2.4 Relevant Multilateral Environmental AgreementsIn addition to the two treaties discussed below, Jamaica is also signatory to UNCLOS, CITES and MARPOL, but these are not relevant to the JICBSP.

6.2.4.1 Cartagena Convention (Convention For The Protection and Development of The Marine Environment of The Wider Caribbean Region) (1983)

Adopted in March 1983 in Cartagena, Colombia, the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, also known as the Cartagena Convention, is the only legally binding environmental treaty for the Wider Caribbean. The Convention came into force in October 1996 as a legal instrument for the implementation of the Caribbean Action Plan and represents a commitment by the participating governments to protect, develop and manage their common waters individually and jointly. Jamaica was one of the original signatories to the Convention in 1983 and ratified it in April 1987.

The Convention area is specified as the marine environment of the Wider Caribbean Region, but it includes parts of and/or activities on the land territory of Member States, for the purposes of the SPAW and LBS protocols, as these may affect the marine environment.

Ratified by twenty countries, the Cartagena Convention is a framework agreement which sets out the political and legal foundations for actions to be developed. The operational Protocols, which direct these actions, are designed to address special issues and to initiate concrete actions. The Convention is currently supported by three Protocols. These are:

The Protocol Concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region (The Oil Spills Protocol), which was adopted and entered into force at the same time as the Cartagena Convention;

The Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region (The SPAW Protocol), which was adopted in two stages, the text in January, 1990 and its Annexes in June, 1991. The Protocol entered into force in 2000;

The Protocol Concerning Pollution from Land-based Sources and Activities in the Wider Caribbean Region (LBS Protocol), which was adopted in October, 1999., but has not yet come into force.

Use of petrochemicals and project work near the coastal zone and parks or protected areas will be relevant to these protocols.

6.2.4.2 Biodiversity Convention

The objectives of the Convention on Biological Diversity are "the conservation of biological diversity, sustainable use of its components and the fair equitable sharing of the benefits arising out of the utilization of genetic resources". This is the first global, comprehensive agreement which has as its focus all aspects of biological diversity: genetic resources, species and ecosystems. The Convention acknowledges that the "conservation of biological diversity is a common concern of humankind and an integral part of the development process". In order to achieve its goals, the signatories are required to:

Develop plans for protecting habitat and species. Provide funds and technology to help developing countries provide protection. Ensure commercial access to biological resources for development. Share revenues fairly among source countries and developers.


Establish safe regulations and liability for risks associated with biotechnology development.

Jamaica’s Green Paper Number 3/01, entitled Towards a National Strategy and Action Plan on Biological Diversity in Jamaica, speaks to Jamaica’s continuing commitment to its obligations as a signatory to the Convention.

6.3 JSIF Environmental GuidelinesSection 3.2 introduces the JSIF environmental mandate in the context of its Environmental Guidelines. The JSIF Operations Manual (2004) contains Environmental Guidelines that are to ensure that the Guiding Principle of Environmental Soundness of all JSIF infrastructure projects is adhered to. These guidelines were revised in 2005 (TEMN, 2005) and are reproduced in their entirety in Annex II.

The JSIF Guidelines applies to the full list of infrastructure project types accommodated under the JSIF Sub-project menu as detailed in the Operations Manual and reproduced in Box 6.3, below, and which covers the construction, rehabilitation and equipping of:

Basic schools, primary schools and all age schools Small roads in agricultural areas, bridge approaches, small bridges, foot bridges,

retaining walls, drains Urban access roads Gullies Small scale water schemes (<2000 people) Ministry of Health approved Health Centres (Types 1 and 231) Community Resource Centres Skills Training Centres and Business Incubators Facilities for Community Tourism development Play and recreation areas in inner-cities Small sports facilities Offices/meeting facilities/income generation facilities for inner-city CBOs

The Environmental Guidelines states that JSIF does not implement housing projects or projects that involve the relocation of individuals or communities. The issue of relocation of individuals is addressed separately under the Resettlement Framework (Section 7 of this document).

The Environmental Guidelines in the JSIF Operations Manual specifies that all JSIF infrastructure sub-projects should comply with donor requirements for environmental management. Based on the World Bank’s Operational Policy 4.01; Pest Management Operational Policy 4.09; and the Natural Habitats Operational Policy 4.04, the following should be considered:31 Type 1 and 2 Health Centres provide services but do not admit patients, persons with illnesses requiring admission are sent to regional hospitals. The services offered are as follows: Type 1 - Serves 2,000 - 4,000 people. Provides: 1. Maternal and child helath services (antenatal. postnatal, child health, immunization, nutrition monitoring and support)2. Health promotion/educatoin and community participation Type 2 - As in Type 1 plus1. Health promotion and illness prevention (veterinary public health and foold, hygiene/food handlers clinics, water quality, solid liquid and excreta disposal)2. Surveillance and Disease Control (specific communicatble diseases e.g. TB and Hansens, malaria and childhood diarrhoeal disease, STDs, other communicable diseases, rheumatic fever prophylaxis)3. Curative Services (common medical conditions, STDs, acutre and chronic diseases4. Dental services (visiting)Source: Ministry of Health


(i) Any sub-project that falls into the World Bank’s environmental category ‘A’, will be included in a ‘negative list’ of sub-projects which would not be eligible for financing. This negative list would include the following sub-projects (as taken from JSIF Environmental Guidelines):

Construction of any new roads. Major upgrading or realignment of roads (“major” means changing the road category,

such as from seasonal to all-weather or secondary to primary; adding new lanes; or changing road surface)

Improvement and rehabilitation of any existing roads within 5 kilometres of any protected areas or any other areas of natural forest

Dam construction, reconstruction, rehabilitation or strengthening. Irrigation works with incremental command areas exceeding 200 hectares Flood protection, sewage treatment, agricultural drainage, or other works which could

adversely affect wetlands or natural waterways, either through pollution or hydrological changes.

Use of pesticides on the World Health Organization’s Hazardous Pesticides List which are not recommended.

Aquaculture using non-native species in natural water bodies. Works which would adversely affect cultural property, including archaeological and

historical sites Activities that negatively affect natural protected areas recognized by federal, state or

municipal governments (or buffer zones thereof) Land reclamation such as drainage of wetlands or filling of water bodies to create

land. Purchase or lease of land which has unclear titles Land clearance and levelling (when affecting critical natural habitats and natural land

contours, natural habitats for this purpose being those water or land areas where most of the original plant and animal species are still present).

Hazardous waste management and disposal as well as manufacture, transport and use of hazardous, and/or toxic materials (except small amounts of solvents, degreasing materials, paints, fuels, and the like used during construction).

(ii) Any sub-projects that require the conversion of any natural habitats should be evaluated to ensure compliance with World Bank procedures.

(iii) Any sub-projects that require the procurement of pesticides or that result in the increased use of pesticides would require the development of a Pesticides Management Plan. This would include non-chemical measures for pest management and guidelines for proper selection, application, storage, handling, transport and disposal of pesticides.


Box 6.3: What types of Community Project does JSIF consider for funding?

Sub-Projects, which will not cost more than the current small projects ceiling to implement fully. These projects can comprise a mix of supporting components from the menu below or other project type as agreed with funding agencies.

Infrastructure: Construction, rehabilitation and equipping of: Early childhood development centres, primary schools and all age schools small roads in agricultural areas, bridge approaches,

small bridges, foot bridges, retaining walls, drains urban access roads gullies small scale water schemes sanitation health centres community resource centres skills training centres & business incubators facilities for tourism product enhancement play and recreation areas in inner city sports facilities in inner city offices/meeting facilities/ income generation facilities for inner city CBOs community markets

Social Services Vocational skills training, market awareness, entrepreneur skills Job separation counselling, employment profiling, personal

development, job preparation skills Literacy Personal money management Conflict resolution, anger management Parenting skills, adolescent/adult life skills Trauma and bereavement counselling Health and hygiene behaviour change Construction site skills Substance abuse counselling

Capacity building Organizational Development Planning and Management Communication Skills and Basic Conflict Resolution Fund Raising and Financial Management Governance Disaster Preparedness Maintenance Management of Community Based Resource Centres Small grants in conjunction with capacity building training not exceeding J$ 150,000 for

‘Easily Achievable Tasks’ to enable new or re-energised CBOs to gain experience in planning, management and implementation of minor community development projects.

Source: JSIF Operations Manual (March, 2004) Chapter 4, Box 3

6.3.1 Typology of Probable Infrastructure ProjectsThe communities identified under the JICBS Project represent a wide range of characteristics in terms of geography, settlement patterns, crime and violence and socio-economic status of residents. Some of the selected communities are rural in nature with a


population density of only 23 person/ha, some are inner city areas with a density of over 220 persons/ha. And some may be classified as peri-urban. The typology of sub-projects under the JICBSP is outlined in this section as it serves to inform the potential types of environmental impacts that may be expected and hence is necessary for the establishment of this EMF.

All sub-projects of the JICBSP should follow the JSIF Environmental Guidelines as well as the type-specific guidelines that are presented in the JSIF Revised Guidelines (TEMN, 2005). The Revised Guidelines provides for all phases of the project cycle including Project Design, Construction Phase and Operation & Maintenance. The types of projects covered are:

Roads

Schools

Infirmaries, Health Centres and Similar Facilities

Sanitary Facilities

Drainage

Water Supply Projects

Agro-processing Facilities

Under its mandate JSIF may implement a wide range of infrastructure projects. However, under the Inner City Basic Services Project the following categories have been identified as the first tier of infrastructure project works:

6.3.2.1 Roads and Drainage (Small Roads and Urban Access Roads, Retaining Walls, Drainage Works and Gullies)

Table 6.3.2.1 a Roads and Drainage in KSA Parish

Community Roads & Drainage Reported problemsFederal gardens

A large main gully for KSA, termed ‘town gully’ passes on community boundary in Collie-Smith drive

Gully often blocked at junction with Spanish town Road due to deposition of solid waste there

Whitfield Town A large main gully for KSA passes on community boundary

Frequently blocked/partially blocked

Jones Town The town gully termed ‘Admiral gully’ passes through community

Gully often blocked due to deposition of solid waste

Dunkirk /Franklyn town

The NWA drain on Victoria road is often blocked reportedly due to being too small.

Drain often blocked due to its small diameter and shallow slope.

Source HTSPE, Information from NWA

Table 6.3.2.1 b Roads and Drainage in St Catherine

Community Roads & Drainage Reported problemsCentral Village (Andrews Lane, Big Lane, Little Lane, Detroit)

Easy access from dual carriageway. Main drain for a section of Spanish Town bypass towards

No safety barriers for a very deep drain.


highway 2000 passes through community.

Shelter Rock Easy access from main road into Spanish Town.

No through road into community due to hard overlying rock.

Africa Easy access from dual carriageway.

N/A

Tawes Pen Situated near Spanish Town market. Main town drain from Spanish Town passes on community boundary.

The drain often blocked at either end of the community at junction between parish and NWA drains. Excessive amount of deposited solid waste in gully appears to be the problem.

Lauriston The informal settlement is situated along the banks of the Rio Cobre river.

The Rio Cobre is changing its course, rapidly eroding the banks in the process and destroying homes of the informal settlement.

Bog Walk N/A Frequently waterloggedSource HTSPE, Information from NWA

Table 6.3.2.1 c Roads and Drainage in Clarendon

Community Roads & Drainage Reported problemsBucknor / Rectory lands

Rural area situated some distance from May Pen.Drain at junction with main road is often blocked

Constricted flow from downstream of community


Table 6.3.2.1 d Roads and Drainage in St James

Community Roads & Drainage Reported problemsFlankers Off main road from Montego

Bay to the airport.Main canal and several large drains flow adjacent to boundaries.

Temporary flooding of main gullies during heavy rainfall.


6.3.2.2 Solid WasteBased on the HTSPE Diagnostic Report (August 2005) with the exception of Flankers, all the communities targeted are served under the Kingston Metropolitan (formerly the Metropolitan Parks and Markets) which serves the Parishes of Kingston & St Andrew, St Catherine, Clarendon and St Thomas. There are only two disposal sites within this area: Riverton disposal site in Kingston and Church Corner is in St Thomas Parish.

The operational modes for solid waste between these fifteen communities, is defined as follows:

All four Kingston & St Andrew communities have a regular waste collection schedule on an allotted area; generally on a street by street basis

Lauriston and Bog Walk in St Catherine have a regular schedule for solid waste collection on a house to house basis

All other communities in St Catherine and Clarendon do not have any of their waste collected within the community itself.

6.3.2.3 Small Scale Water Schemes (Potable Water Supply)The HTSPE (August 2005) report details the works required under each sub-project. For water supply these are reproduced below:


Table 6.3.2.3 a Water supply in KSA Name of community

Provision of Water supply and Issues to community and its problems

Possible solutions

Whitfield Town

A 21 inch main on Spanish Town Road with a recent 50% pressure drop.

Replace critical bottlenecks in community and change inlets to and from community from either Spanish Town road or Cross Road by upgrading the piped network from Trench Town water tank

Trench Town / Federal gardens

A 21 inch main on Spanish Town Road with a recent 50% pressure drop resulting in daytime water pressure available only at ground level.

Jones Town From Spanish Town Road main with a recent 50% pressure drop.

Dunkirk / Passmore gardens

High leakage rate on route from Mona reservoir results in too low pressure for daytime water supply

Improve network supply from Victoria road end of community or provide a water tank at highest (and central) point in community

(Source HTSPE, information from NWC)

Table 6.3.2.3 b Water supply in St Catherine Name of community

Provision of supply to community and Issues

Possible solutions

Central Village (Andrew’s Lane, Big Lane, Little Lane, Detroit)

Each community has a 2” main off the 6” main on Mandela Highway that partially serves community.

Coordinate with NHT to increase supply to and from water tankj, then replace 2” and extend network.

Shelter Rock Served by a 2” main off the 12” main on Mandela Highway

Increase pipe diameter into community

Africa Served by a 2” main from Burkes road main that goes down March Pen road at junction of Africa


Tawes Pen Served by the 4” main on Wellington /Old Harbour road


Lauriston Served by the 4” main from Greendale Wells

N/A

Bogwalk Served by a well adjacent to Knollis community

Not enough information, to date.

(Source: HTSPE, information supplied by NWC)

Table 6.3.2.3 c Water supply in St James Name of community

Provision of supply to community and Issues

Possible solutions

Flankers Directly onto Pumping Main on Highway from Montego bay to airport. No pressure problems. Only some houses not connected in Old Flankers. Squatter area Red Dirt connected individual household pipes which are very inefficient and Hog city relies on public standpipes.

Obtain the water supply design. Supply to community via an elevated water tank and gravity feed from it; possibly in cooperation with NHDC.

(Source: HTSPE, information supplied by NWC)

6.3.2.4 Sanitation and Sewerage WorksA package plant for sewage treatment is proposed for Tawes Pen in St. Catherine. Sewage treatment and disposal of treated effluent will require a permit and a license from NEPA.

A summary of the sanitation works in the project areas is given below:

Table 6.3.2.4 a: Sanitation in KSAJamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427) 54

Name of community

Provision of sanitation to community and issues

Possible solutions

Whitfield Town

Presently being sewered independently through a JSIF sanitation project funded by the EU.

Investigate whether to expand the scope of the existing project.

Federal Gardens

Sewered but connected to present defunct Harbour view treatment plant. Some blocked sewers in community.

Coordinate with NWC to replace broken sewer sections and set up a community maintenance programme.

Jones Town Sewered but connected to present defunct Harbour view treatment plant.

Coordinate with NWC to replace broken sewer sections and set up a community maintenance programme.

Dunkirk / Passmore Gardens

Only McIntyre Villas sewered and connected to present defunct Harbour view treatment plant via Manley gardens pumping station.

Extend existing network to present defunct Harbour view treatment plant via Manley gardens pumping station.

(Source: HTSPE, Information supplied by NWC)

Table 6.3.2.4 b Sanitation in St CatherineName of community

Provision of sanitation to community and Issues

Possible solutions

Central Village (Andrew Lane, Big Lane, Little Lane, Detroit)

Not sewered Co-ordinate with NHT to connect central village settlements to Twickenham park Housing Scheme treatment plant.

Shelter Rock Not sewered but hard underlying rock substantially increases construction costs

Assess whether there is sufficient space to upgrade the treatment plant and connect, by gravity, Shelter Rock to it and if not whether can have a bio-reactor for that community. Failing that then need to provide septic tanks where none exist.

Africa Not sewered Assess whether it is possible to connect Africa to existing, adjacent treatment plant and if not whether can have a bio-reactor for that community. Failing that then need to provide septic tanks where none exist.

Tawes Pen Sewer network present and inoperative throughout whole community

N/A

Lauriston Not sewered Provide a bio-reactor or septic tanksBogwalk Not sewered Provide a bio-reactor or septic tanks(Source: HTSPE, Information supplied by NWC)


Table 6.3.2.4 c Sanitation in ClarendonName of community

Provision of sanitation to community and its problems

Possible solutions

Bucknor / Rectory lands

Pit latrines and ‘parachuting’ methods used. Lack of public conveniences at the basic school.

Provide a bio-reactor or septic tanks

Source: HTSPE. Information from NWC

Table 6.3.2.4 d Sanitation in St JamesName of community

Provision of sanitation to community and Issues

Possible solutions

Flankers Pit latrines used, but sometimes lack of space and hard overlying rock prevent easy construction of pit latrines. Some sewerage flows out into lane or into gully. All grey water flows onto lanes or into gullies. Lack of space.

Assess whether can connect a new sewer system to existing sewer mains along Highway.

(Source HTSPE, Information from NWC)

6.3.2.4 Small Sports FacilitiesSmall sports facilities have been identified for some of the communities including Central Village, Bucknor, Bog Walk, Africa and Loriston. Most of these are adjacent to existing community centers which have some facilities such as rest rooms. The sub-projects include leveling of playing fields only. No other works such as top-soiling, seeding or landscaping are to be implemented by JSIF. No buildings, toilets, pavilions, seating or other structures are to be built. Land acquisition is not expected to be an issue as the lands are either crown lands or privately owned lands which are being made available.

6.3.2.5 Street LightingStreet Lighting is the combined responsibility of the Jamaica Public Service Co. Ltd. (JPSCo.) and the respective Parish Councils. In some areas poles already exist but the lights on top of the poles have either been removed, destroyed or damaged.

6.4 Criteria for Site ScreeningA site screening mechanism identifies aspects of the sub-projects, and the potential interaction with, and impact on, the existing environment. Impacts include direct and indirect impacts as well as cumulative impacts. This screening mechanism helps to identify the sites that are likely to be subjected to negative environmental impacts during project works. Screening is conducted early in the project cycle to define the scale and scope of the environmental assessment requirements.

All required approvals, no objections, licenses and/or permits must be obtained before project implementation and the relevant GOJ agencies (NEPA,NWC, WRA, MOH, etc) should be involved as appropriate in the relevant aspects of the project cycle. The project works to be implemented must comply with the zoning requirements of the land on which the works are to take place. Based on the revised JSIF Revised Environmental Guidelines (TEMN, 2005) the land should be well drained, aesthetically landscaped and secure.


If any rehabilitation of buildings is required, buildings on unsuitable lands should not be approved for rehabilitation. Unsuitable lands are defined in the JSIF Revised Environmental Guidelines (TEMN, 2005) as:

land resulted from fill with any refuse matter that is contaminated by human or animal excreta or any other hazardous material;

wetlands and flood plains; Protected Areas where approval has not been obtained Steep (more than 30% declivity) and unstable slopes susceptible to slippage.

The prediction of impacts is intended to identify the magnitude, significance, duration, and scale of project interactions with the environment given the project intervention. Impacts are determined for physical, biological and socio-economic aspects of the environment. This must be an objective exercise utilizing scientific knowledge with a combination of informed professional judgement according to accepted procedure. Where possible negative environmental impacts should be minimized or negated by the application of suitable cost-effective mitigation measures. Positive impacts should be enhanced where possible.


Table 6.4: Potential Negative Impacts of JICBSP

Typology of Projects

Potential Negative ImpactsRoads and Drains

Solid Waste

Water Supply

Sanitation and Sewage

Small Spots Facilities

Street Lighting

Dust ProliferationNoiseVibrationObstruction of Channels DrainageSedimentationVisual ImpairmentFireFloodLoss of FloraLoss of FaunaPublic Health and SafetyTemporary DisplacementTraffic Dislocation (Pedestrian)Traffic Dislocation (Vehicular)Archaeology and CultureLand Use and Zoning


6.4.1 Procedures to Manage Environmental Impacts Expected by the Sub-projects.

Based on the typology of sub-projects presented in Section 6.3.2, potential environmental impacts have been identified as well as the procedures to manage and mitigate these impacts. The impacts have been identified for the three main components of the environment – physical, biological and socio-economic. For each aspect identified a description is giving of the nature of the works likely to cause the impact, the aspect of the environment to be impacted and the general mitigation measures to be applied in order to minimise the impact.

6.4.1.1 DustConstruction works including trenching and earth movement are likely to increase levels of fugitive dust and respirable particulates. Monitoring must be conducted during project implementation to determine levels of respirable particulates and to ensure that these do not exceed the national guidelines. Standard mitigation measures to be applied include the wetting of stripped, bare surfaces, the covering any stockpiles of earth materials and the provision of dust masks for relevant workers. The local community must be notified of the types of activities likely to generate fugitive dust, and the duration of these activities.

6.4.1.2 NoiseConstruction works including movement of heavy vehicles, trenching and earth movement are likely to increase levels of noise. Monitoring must be conducted during project implementation to determine levels of respirable particulates and to ensure that these do not exceed the national guidelines. Standard mitigation measures to be applied include the restriction of these activities to standard daylight working hours, maintenance of vehicles and machinery to ensure optimum functionality, and the provision of ear muffs for relevant workers. The local community must be notified of the types of activities likely to generate noise, and the duration of these activities.

6.4.1.3 VibrationConstruction works including trenching and earth movement may provide localized vibration effects. If blasting activities are required household surveys must be conducted before and after such activities and the Constabulary Forces must be informed to monitor the blasting activities, and ensure proper community notification and the use of blasting mats. The local community must be notified of the types of activities likely to generate vibrations and the duration of these activities.

6.4.1.4 DrainageNatural drainage courses as well as man-made drainage courses must be kept open and free of debris during all stages of the project works. Where project works require the modification of any drainage channels, physical barriers such as silt screens, sediment traps or gratings must be deployed along the gully banks to prevent the wash down of solid waste or sediment in the event of rainfall.

6.4.1.5 SedimentationAny works within the coastal zone must be carefully monitored to ensure that increased amounts of sediment are not washed into marine and coastal waters as a result of terrestrial run-off during rainfall events. Sediment traps and silt screen must be deployed as appropriate where works occur along gullies near to coastal waters.


6.4.1.6 Aesthetic AppealAlthough aesthetic appeal may be considered subjective, certain standards must be observed during project works to ensure that the communities are not exposed to visually intrusive areas. Work areas must be kept in relatively tidy and clean conditions, work materials and equipment must be stored in designated areas, sign-posting and detour signs should be neatly arranged, construction spoil and generated waste must be stored in a designated area until it is removed by a certified contractor for disposal at an approved site.

6.4.1.7 Natural and Man-made Hazard RiskNatural hazards that may impact the project areas include hurricane and storm force winds, flooding from high rainfall, landslides, earthquakes and storm surge. A preliminary natural hazard risk assessment must be outlined and a management plan prepared to cover the associated risks for each project area. The design of all infrastructure projects must accommodate the potential occurrence of a natural disaster and include the necessary mitigation measures. Man-made hazards such as fires must also be taken into consideration and safety precautions against fire assessed, implemented and documented as appropriate. At all times water supply for fire hoses must be secured and fire hydrants must be unobstructed.

6.4.2 Biological Environment

6.4.2.1 FloraThe Inner City areas targeted for project implementation are, by their nature, not located within forested areas. As stated in the JSIF Environmental Guidelines, projects must be designed to minimize tree taking and damaging. However, the preservation of existing flora including native and/or endemic mature trees; or feeding, breeding or nesting trees for endemic birds must be considered where appropriate. In the event of land clearing or cutting of trees, replanting with the same number of trees (using native species) is recommended.

6.4.2.2 FaunaNo rare, threatened or endangered species of fauna are expected to be found within the inner city communities. However, construction and works best practices must be employed to avoid any secondary impacts in adjacent areas or coastal waters resulting from terrestrial run-off in gullies and natural drainage channels.

6.4.3 Socio-economic Environment

6.4.3.1 Human Health and SafetyHuman health and safety considerations must include the persons within the communities targeted for upgrade as well as the work force carrying out the project implementation. Adequate public notification must be given to the communities to advise them of the schedules for the proposed works. Appropriate provision must be made for detours or alternate routes, and minimal disruption of services and utilities. Workers must be equipped with appropriate safety gear including ear muffs, dust masks, goggles, face masks, hard hats, boots and safety vests, as appropriate.

6.4.3.2 Temporary and/or Permanent DisplacementBased on the study undertaken it is envisaged that the intervention of the ICBSP will not result in households displacements and/or resettlements. However, if due to unforeseen circumstances or events, displacement could be required for an small numbers of housing


units and families, the Resettlement Framework (Chapter 7) proposed sets out the appropriate considerations to be taken into consideration including notification, consultation, selection of host site and any compensation required.

6.4.3.4 Employment CultureEmployment opportunities may be created in the short-term for persons in the community and this should be facilitated as appropriate. Project works should result in minimal disruption to day-to-day activities including job commute. The employment cultures and sub-cultures within the project areas must be taken into consideration during project implementation.

6.4.3.5 Archaeological and Cultural HeritageArchaeological and cultural heritage must be preserved where appropriate. The areas of Spanish Town and Kingston may have archaeological or cultural features not yet discovered; and these are areas of known archaeological heritage. The potential of the possibility of discovering archaeological or cultural material must not be overlooked. The Jamaica National Heritage Trust must be contacted to determine the likelihood of discovery of features in the project areas, and they must be allowed to perform a Watching Brief during project works. In sensitive areas such as Spanish Town a Heritage Impact Assessment may be required. Details of the areas for trenching and earthworks should be submitted to the JNHT with sufficient lead-time to allow for the JNHT to perform the necessary investigation.

6.4.3.6. Chance Find ProceduresIf the Jamaica National Heritage Trust (JNHT) has reason to believe that there is important cultural heritage on a property or site this gives them the right to go on this property or site for investigative purposes. The JNHT would advise the land-owner as a courtesy but this is not essential. If there is a chance find of archaeological or cultural value the JNHT has a right to protect that find. Under the JNHT Act a Preservation Order may be issued which is an emergency protective device that covers sites and buildings. The Preservation Order can be put on the structure or site for at least 6 months, as a preliminary means of protection before declaring the site. The legislation related to artefacts is not as clearly articulated. However, artefacts that have been determined as important to the nation’s heritage may have a Preservation Order and Declaration put on it. However, if it is on private property the JNHT does not have the right of confiscation. The legislation is weak in that it does not make provision for the compulsory submission of artefacts found to the JNHT nor for the JNHT to prosecute in cases where artefacts are found and not submitted.

Spanish Town is a declared Historic District and the JNHT has the right to stop any works in that area that may prove destructive to archaeological and cultural heritage. Certain parts of Kingston will soon be similarly protected. If any artefacts are found during project works the JNHT may need to perform Rescue Archaeology in order to secure and preserve these artefacts. Rescue Archaeology may require the temporary cessation of certain project activities to facilitate JNHT procedures.

6.5.3.7 Traffic Dislocation – Pedestrian and VehicularTraffic dislocation (pedestrian and vehicular) will be inevitable during implementation of project works. However, efforts must be made to minimize this disruption and to allow for smooth and continuous movement of people and vehicles. Notification of potential disruption to transportation corridors and access roads must be given in the print and electronic media as well as through the respective Parish Council Offices.


6.6 Cumulative Impacts

In addition to the site specific impacts, Cumulative Impacts should also be identified when appropriate. Cumulative Impacts are those impacts that derive from the summation of individual impacts over a period of time and over a specific area. Cumulative Impacts are particularly important for projects that are large in size, scale and geographic range. Cumulative Impacts will also be important for areas which are already extensively developed, or which have several other developments proposed, and in which the proposed project may add to or exacerbate existing environmental impacts. Within the JICBSP project area it is expected that cumulative impacts will apply in a positive sense from the improved infrastructure and basic social services to be supplied. Some negative cumulative impacts may arise during project implementation, particularly if construction schedules, transportation routes, or provision of materials and services overlap with any similar types of projects within or adjacent to the project area. These will have to be determined closer to project implementation.

6.7 Positive ImpactsThe JICBSP will significantly increase access of poor household’s to basic services and it should strengthen human and social capital in poor neighbourhoods through increasing community participation in the planning, delivery and maintenance of works and services. Improving community safety through reduced crime rates and improved public perceptions of safety is also a major objective of the programme.

Several positive impacts are anticipated from the project and include the following:

a. Improved character of a community, in terms of the provision of basic services including the supply of potable water, improved drainage, improved sanitation and sewerage, provision of street-lights and the establishment of recreational areas.

b. Provision of jobs in the short term and/or long term, which should occur if local labour supply is utilized from the targeted community. Suppliers and sub-contractors should also benefit from short to medium term contracts.

c. Creation of opportunities for improved environmental awareness should be made during the enhancement of the community facilities. The implementation of mitigation measures, the sensitization of sub-contractors to environmental infringements and adequate sign-posting during project implementation can all contribute to increased environmental awareness. These opportunities should be utilized as much as possible.

d. Improved standard of living is anticipated from the improved basic services to be provided, as described in a) above.


Table 6.7: Potential Positive Impacts of JICBSP

Typology of Projects

Potential Positive ImpactsRoads and Drains

Solid Waste

Water Supply

Sanitation and Sewage

Small Spots Facilities

Street Lighting

DrainageVisual AppealHuman Health and SafetyEmployment Short Term


6.8 Public ParticipationCivil society, which includes citizens, community-based and non-governmental organizations (CBO’s and NGO's) within the sphere of influence of the project must be engaged and provided with an opportunity to share information on the proposed project works. This will also allow for the inclusion of local knowledge and expertise. Civil society groups that should be included are:

● Environment and Development Non-government Organisations (NGO's)● Community Based Organisations (CBO’s)● Chambers of Commerce● Service Clubs● Citizens Associations/PTA’s/Church Groups

A multi-faceted Communications Strategy has been established by JSIF in order to ensure that JSIF communicates efficiently with numerous and diverse public entities including stakeholders and the general public. This strategy should be utilized as appropriate to ensure that information exchange during the Inner City Basic Services project. The strategy indicates the target groups (stakeholders, general public, Government agencies, NGOs, CBOs, funding agencies and partner organizations); the proper utilization of the media (print and electronic); internal and external communication methods (website, newsletters); and crisis management and damage control, should the need arises.

6.8.1 Individual Participation Dialogue with individual stakeholders is important to garner detailed information and personal perspective. For this project dialogue has already begun for various aspects related to the project, including resettlement issues, regulatory framework, and community participation. Stakeholders must be consulted early in the project cycle. Their views and concerns must be incorporated into any project documentation and reporting, and made available to decision-makers for their consideration.

6.8.2 Community Based ParticipationInformation sharing and gathering can be also performed through community based fora. This can include NGO or CBO based community groups or the invitation of key stakeholders and stakeholder groups to a public presentation. The World Bank will be hosting a consultation workshop to facilitate information sharing on the JICBSP. This consultation will meet the requirements as recommended in this EMF, to allow NGO’s, CBO’s and other community based stakeholder groups to learn about the proposed works, to share information that may be of relevance for the implementation of the project, and to be involved in the process. The proposed agenda for the World Bank Workshop includes and overview of the Jamaican environmental assessment system, NEPA’s Permit and License system, the JSIF’s environmental assessment system, and introduction to the World Bank’s country system pilot project. A question and answer session will facilitate the mutual exchange of information.

6.8.3 Public NotificationArrangements; and contact information of a responsible and responsive entity in the event of Public Notification is important and marks a formal communication effort on the part of the project proponent. Notification should be given through the print and electronic media and include the nature of works to be conducted; the time frame or schedule for start-up and completion; any potential disruption in services; identification of detours or other alternative public queries.


6.8.4 Public Hearing / Public Consultation /Public MeetingIf an EIA is required for a project, NEPA may request a Public Consultation (sometimes also referred to as a Public Hearing or Public Meeting) at which the project and its environmental considerations are presented. The general public will have an opportunity to ask questions related to the project and its potential environmental impacts at the meeting but will also be given a 30 day period in which to submit other comments in writing. NEPA will determine if such a meeting is required based on the nature and scope of the project, the sensitivity of the environment in which it is proposed, the profile of the project, general public sentiment and media interest. A period of notification is mandatory, with notification utilising print and electronic media as well as flyers and invitations. A report of the meeting must be prepared for submission to NEPA.

6.9 Reporting

Project reporting at various stages of the project cycle will be important for information sharing with JSIF’s various publics and partners, documentation of procedures, maintenance of standards and for compliance purposes. Various types of reporting requirements are described in the sub-sections below.

6.9.1 NEPA RequirementsNEPA may require the production of an environmental assessment to assist them in making an informed decision about the project. Preparation of monitoring reports which may be required by NEPA, but which should be a part of the JICBSP project implementation are dealt with under Section 6.10.

6.9.2 JSIF RequirementsThe JSIF Environmental Guidelines also requires project reporting depending on the type of environmental process determined for the project. The JSIF Environmental Guidelines recommends three main processes: the Environmental Review, the Environmental Assessment or the Environmental Impact Assessment. All three types of processes require documentation of the findings.

6.9.3 World Bank RequirementsThe World Bank Guidelines stipulates the preparation of a report on environmental assessments as indicated in OP4:01. The World Bank requirements for reporting procedures are discussed in detail in Section 2.1.1. The World Bank reporting must follow the WB format for Environmental Assessments.

6.9.4 Additional ReportingAn environmental report should be prepared by the Environmental Consultant for submission to JSIF in addition to or as part of any other reporting requirements. For JSIF purposes this report should have specific information on environmental impacts observed, corrective measures taken and compliance with suggested mitigation measures. Areas of non-compliance with the Environmental Guidelines should also be included. An example of a template that could be used to supplement such a report is given in Annex IV, and is based on the template provided in the JSIF Revised Environmental Guidelines (TEMN, 2005).


6.9.5 Public ReviewThe Environmental Management Framework and project details must be made available for public review and comment. Information must be prepared in a report of easily understood language and placed in accessible locations such as parish libraries or community centres, where they are staffed. The NEPA Library and website as well as JSIF’s website should also be utilised for the display of these reports.

6.9.6 Emergency Response PlanAn Emergency Response Plan is a procedures document to deal with both internal and external emergencies such as:

fires accidents earthquakes hurricanes floods landslides civil unrest handling of hazardous materials spills contingency malfunctioning equipment

In the interest of sound environmental management practices and in light of the areas targeted for project implementation, JSIF should prepare an Emergency Response Plan to cover at least the aspects described above. Guidelines as given in the JSIF Environmental Guidelines should be followed and site specific and project specific measures prepared.

6.10 Monitoring Requirements

After the impacts have been identified and mitigation measures recommended, a monitoring programme should be prepared. The main objective of the monitoring programme is to ensure that the mitigation measures are being implemented and that the mitigation measures are successful at minimizing or eliminating the negative impacts. If the effectiveness of the mitigation measures is not sufficient than modifications should be made to the mitigation plan.

A detailed environmental monitoring and evaluation programme must be prepared for implementation for a specified period after project completion. The reasons for and the costs associated with the monitoring activities should be covered.

The monitoring programme should clearly state the following:o institutional arrangements for carrying out the worko parameters to be monitoredo methods to be employed in monitoringo standards or guidelines to be usedo evaluation of the resultso schedule and duration of monitoringo initiation of action necessary to limit adverse impactso format and frequency of reporting required/undertaken


The parameters to be monitored will vary from site to site and for the various subprojects. However, several parameters are considered ideal indicators of environmental quality and are likely to be applicable to the JICBSP. These are

1. Air quality (dust, respirable particulates)2. Noise (worker exposure and perimeter levels)3. Water quality (oil and grease, TSS, coliforms)4. Solid waste management (receptacles, disposal sites)5. Sewage disposal (worker use, port-a-loos)6. Construction practices (storage areas, best practices, stockpiling, berming)7. Traffic management (signage, notification, detours)

The nature, extent and duration of any monitoring should be approved by NEPA. If a permit for any sub-project is required the General and Specific Conditions contained therein will form the basis of the monitoring programme. In light of the institutional arrangements existing and suggested, JSIF partners and other relevant government agencies should be consulted to determine consensus for the monitoring programme. Suggested partners/ agencies to be involved are:

NEPAWRAMinistry of HealthNWA

NWA, WRA and the Ministry of Health are already partners with NEPA through it’s Technical Review Committee (TRC) and so their inputs may be received directly or through NEPA’s review process.

The exact sampling locations, frequency of sampling and methods of analysis should be included in the monitoring programme, which should be prepared by JSIF in association with its environmental and project implementation consultants, for submission to NEPA. The sampling locations should be specific to each sub-project.

The frequency of sampling should also be approved by NEPA, but fortnightly or monthly monitoring is usually recommended. Additionally, a combination of fortnightly (for example, for the first two months) and monthly (for the duration of the project) may also be considered.

Methods of analysis to be employed should be standard scientific procedures and utilize accepted methodologies. National guidelines or standards should be used as the threshold to determine environmental non-compliance. Where national guidelines do not exist then the WHO standards should be adopted. Parameters should be determined before project implementation in order to set baseline conditions, which will be a benchmark, against which project implementation conditions are measured. Baseline data provides the basis for which project impacts or existing ambient conditions can be compared.

The JSIF Revised Environmental Guidelines (TEMN, 2005) recommends the following regarding the application of mitigation measures. The Environmental Consultant should:

1. Review JSIF’s Environmental Guidelines for familiarisation with the environmental standards for infrastructure sub- projects.

2. Review the relevant sections of the Appraisal Report and the checklists for familiarisation with the potential negative environmental impacts identified and the recommended mitigation measures.

3. Identify the sections of the environmental guidelines that are applicable to the sub-project under implementation and bring these to the attention of the contractor.


4. Develop an appropriate monitoring and mitigation tool (e.g. checklist) to evaluate the environmental aspects resulting from implementation of the project.

5. Advise JSIF immediately of any areas of non-compliance that may require the suspension of works.

An example of an Environmental Monitoring Programme that could be adapted for all the projects under the JICBSP is given in Annex V.

6.11 Institutional Arrangements

JSIF, through its consultants will be ultimately responsible for project implementation. However, JSIF partners, including Government agencies and NGO groups should be involved at various stages of the project cycle. Government agencies should be involved to the extent that the JICBSP falls under their mandate and NGO and CBO groups should be involved in the public consultation process and in monitoring as appropriate. A project organogram should be prepared to show the relationships and communication paths between JSIF, Project Consultants, Environmental Consultants, GOJ agencies, Community Groups and the general public.

6.11.1 Liaison with GOJ AgenciesThe JSIF Operations Manual refers to the partnering of JSIF with relevant Government agencies as required. For aspects related to the Environmental Management Framework the following Government agencies should be included in the review of relevant documentation, including monitoring plans and reports:

NEPA

The National Environment and Planning Agency is the agency responsible for environmental management and the issuing of environmental permits. NEPA will be invited to co-host the World Bank Consultation Workshop and this initiative shows the recognized importance of the role of NEPA and JSIF’s commitment to partnering.

NEPA, as the environmental regulatory agency will ultimately be responsible for the issue of environmental permits and/or approvals. Dialogue has been initiated with NEPA representatives (in October and November 2005) to determine the best approach for the presentation of the JICBSP to NEPA, for their guidance and ultimate approval. Some of the projects will require a permit as determined by the list of Prescribed Categories (discussed in Section 6.1.4). It is recommended that, as a follow-on to the dialogue, and as suggested by NEPA, JSIF submit a Letter of Inquiry, along with a typology of projects and project briefs, so that NEPA can assess the JICBSP in its entirety, rather than in a piece-meal fashion over several months, and therefore advise JSIF on the recommended approach to permit application.

NWA

The National Works Agency is responsible for road works and associated maintenance and as such should be engaged in discussions about the JICBSP. Where applicable, engineering designs must be submitted to the NWA for approval. The NWA is the responsible agency for the approval of detours, road closures and other such associated impacts that may arise as a result of project implementation.


WRA

The WRA is responsible for the supply of water resources and their mandate includes ground and surface water sources. The supply of potable water, one of the objectives of the JICBSP, and ensuring the integrity of the quality of ground and surface water during project implementation activities, will both be of relevance to the WRA.

Ministry of Health

The Ministry of Health is one of the Government agencies identified for JSIF partnering. Many of the sub-projects of the JICBSP will impact directly on human health aspects and the Ministry of Health must be involved in the approval of project design, implementation and monitoring as appropriate.

6.11.2 Institutional Arrangements for MonitoringThe presentation of mitigation measures to minimize negative impacts is the responsibility of JSIF through its environmental consultants. These mitigation measures would be approved by NEPA only if the project activity is a permitted activity and NEPA requests specific documentation in support of the permit application. The preparation and implementation of a monitoring programme is itself a mitigation measure. The monitoring programme to ensure application of the mitigation measures should be submitted to NEPA for approval, before implementation.

JSIF will be responsible for bearing the cost of implementation of the mitigation measures and the monitoring programme. JSIF’s environmental consultant will be responsible for conducting the monitoring programme and preparation of the monitoring report and submission of the reports to NEPA on behalf of JSIF.

Any General or Specific conditions contained in any permit, and all aspects approved by NEPA for the monitoring programme, provides a legal basis for implementation of the monitoring programme and JSIF can be found in breach of any permit or requirement if the monitoring programme is not implemented as stated.

Other relevant government agencies that are involved in the approval of the monitoring programme (eg. NWA, WRA, Ministry of Health) should also be involved in the review of the monitoring reports submitted to NEPA.

6.11.3 Institutional Arrangements to Support Capacity DevelopmentCapacity Development within the community may occur during the monitoring programme as appropriate. Community members could be incorporated in certain aspects of the monitoring programme, after receiving adequate training. Training should be conducted by Project Consultants, Environmental Consultants or GOJ agencies as appropriate. The cost of training would be borne by JSIF. Aspects that could involve community training and participation include:

- Deployment and collection of air quality monitoring equipment- Collection and storage of water samples- Investigation of signage and detour applications- Gathering of community response- Assessment of solid and liquid waste collection receptacles

All reporting from the community should be evaluated and collated by the Environmental Consultant for preparation of the monitoring report to be submitted to NEPA.


6.12 Consideration of Alternatives

Alternatives should be investigated from technical, financial and environmental perspectives. Alternatives should include alternative sites for implementation, alternative engineering designs, alternative supplies of material, and the “No Action Alternative”. The ‘No Action Alternative’ should be investigated in light of not implementing the sub-projects and allowing the existing inner city conditions to pertain. These alternatives should be presented for review.


PART IV: RESETTLEMENT FRAMEWORK

7. Involuntary Resettlement Policy and Practice in Jamaica

7.1 Introduction

Whilst the Jamaica Social Investment Fund does not implement housing projects or projects that normally involve the relocation of individuals or communities, involuntary resettlement and development will sometimes be necessary as an integral part of infrastructure planning programmes.

With respect to the JICBSP Technical Studies and Preparatory Activities Project there is a specific requirement for a Resettlement Policy Framework for all sub-projects. The Frameworks must conform to the World Bank’s Safeguard Policies.

Guidance with respect to the preparation of a Resettlement Policy Framework can be found in §23-§25 of OP4:12 Annex A, Chapter 3 of the EA Sourcebook and the new Involuntary Resettlement Sourcebook (2004). The World Bank safeguard policy OP4.12 is the internationally accepted standard in the absence of formal national policy. All major Bank funded projects involving involuntary resettlement are compelled to assess compliance against these guidelines. Other funding agencies such as the IADB and EDF insist that the guidelines are similarly incorporated into their projects.

In all agencies concerned with resettlement there is awareness of overriding principles outlined in OP4.12. These are applied to varying degrees. The key principles of direct importance are the requirement to minimise resettlement, engage all project affected persons (PAPs) at all stages, integrate resettlement into project planning, design and implementation of projects and ensure the net benefits of projects are trickled down to both households directly and/or indirectly affected. Where the state retains statutory powers of compulsory acquisition these must exercised so as not to compromise construction schedules but must, as a matter of formal policy, be balanced against resettlement requirements.

Formal national compensation and resettlement policies must be put in place in mitigation, and with full regard to the sustainability of livelihoods in the receiving areas. Methods used for identifying potential claimants, assessing the level of their entitlement and provision of alternative means of earning a livelihood compensating and reimbursing those who suffer loss due to construction of public infrastructure must be consistent.

The Resettlement Framework (RF) for JSIF should embrace all of these key principles. A review of policy, legal context and national experience is set out in Sections 8.2-3. The current scope of involuntary resettlement on the JICBSP, compliance with World Bank policy and draft National Policy is given in Sections 9 and 10.

7.2 Existing National Legislation Governing Resettlement in Jamaica

National laws relevant to involuntary resettlement in Jamaica include the Constitution, the Land Acquisition Act, the Housing Act and the Mining Act.

7.2.1 The ConstitutionThe 1961 Constitution of Jamaica contains a Chapter dealing with the Protection of the Fundamental Rights and Freedoms of the Individual. This provides that every person in


Jamaica is entitled -inter alia- to protection from deprivation of property without compensation. One of the Articles provides that no property of any description (a phrase that the Courts have interpreted broadly) shall be compulsorily acquired except under a written law that sets out the principles on which compensation is to be determined and given and provides recourse to the Courts to determine questions of entitlement. However, there are certain exceptions. One of these pertains to laws that provide for the taking of property in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to human health or the environment, Hence, this would not be unconstitutional.

7.2.2 Land Acquisition Act 1947Under this Act, which predates the Constitution, the Commissioner of Lands is responsible for the acquisition of all lands required by the GOJ for public purposes. The term “public purposes” is not defined and the Courts do not delve into the reasons for compulsory land acquisition. Rights of appeal relate only to the quantum and apportionment of compensation. As experience elsewhere in the Commonwealth Caribbean has shown, this creates the potential for abuse of the power of compulsory acquisition, for political or other reasons, which the Resettlement Policy Framework must guard against.

The Commissioner is empowered to acquire land either by way of private treaty or compulsory acquisition following a gazetted declaration of intent. This has been widely applied in both an urban and rural settings in Jamaica. Once a notice of intent is published, the GOJ may enter on the land for the purposes of carrying out topographic, boundary and geo-technical surveys. Once a notice inviting claims for compensation has been published, the Government may take possession of the land, which vests in the Commissioner of Lands, in trust for the Crown, from the date the Government enters into possession.

Where land is acquired for public purposes under the Act the Government is not required by law to provide rehabilitation entitlements related to the reestablishment of the displaced persons through income restoration and replacement land and/or housing. Under the law cash compensation applies only to those who can show either a registered Certificate of Title or some other means of legal ownership, although there is some provision for Government to enter into equitable arrangements other than the payment of cash compensation with persons having a limited interest in land. With regard to the loss of business there is currently no clear policy. The Housing Act allows the minister to compensate businesses displaced in slum clearance schemes. Some bauxite companies have had to address this issue and found it to be problematic and costly to deal with. Compensation has been paid in the form of money and land bonds in accordance with the Land Bonds Act, land in exchange for lands lost and erection of replacement structures on other land purchased by the Government with compensation payments for loss of business due during the construction phase.

The range of constraints and deficiencies under the Act arising from the land acquisition process are summarised in the Table overleaf. It should be noted that the Act is inconsistent with the World Bank’s safeguard policy OP4.12 in that it does not expressly provide for “prompt” payment of compensation or the taking of land only after compensation has been paid. Although the Act provides that interest is payable on compensation from the date that the Government enters into possession, the rate of interest is fixed at 5% per annum and not determined by prevailing market rates. Hence, delays in the payment of compensation, which the Government has no incentive to address, can cause considerable hardship for displaced persons.


7.2.3 Housing Act: Part V Acquisition of Land of the Housing Act (Act 55 of 1968) This Act addresses the issue of compensation as it relates to resettlement. Section 25 of the Housing Act states that any land required for the purposes of housing schemes, slum clearance, improvement or emergency housing shall be acquired in accordance with the Land Acquisition Act. However, when the Housing Act is being used, the land vests in the Minister of Housing and not the Commissioner of Land when the GOJ enters into possession.

Section 27 of the Housing Act gives the Minister the power to compensate persons displaced from any dwelling-house or other building in a slum clearance or house improvement area, acquired by virtue of the provisions of the Act as being unfit for human habitation and cannot be rendered fit at reasonable expense. He may also compensate for the loss of trade or business and pay due regard to the period on which the premises were occupied. Consistent with the Land Acquisition Act there is no obligation to provide replacement housing or facilitate restoration of incomes.

7.2.4 Mining Act (1947)The policy framework albeit largely the responsibility of the Private Sector this is currently the only piece of legislation that directly addresses the issues of rehabilitation for resettler households.

Under Section 12 subsection (1) of the Mining Act holders of prospecting rights must on demand of the owner or occupier of the land upon which prospecting or mining operations are being carried out pay the owners or occupiers fair and reasonable compensation for any disturbance of his surface of the land or for any damage resulting from such operations.

The amount of compensation will be determined between the parties, or if the parties are unable to reach agreement, they may take proceedings in the resident magistrates court. Mining companies may employ a number of methods to acquire the land

Outright purchase: Experience has shown that owners receiving cash compensation under outright purchase frequently lose this in ill judged investments. In order to avoid this the mining companies encourage land for land exchanges.

Lease arrangements combined with compensation: Under lease arrangements ownership is retained but compensation is obtained for; disturbance to land surface rights (principally loss of use or loss of income); damage done to surface of the land, damage to crops, livestock trees, buildings and rental of the property

Resettlement arrangements: Under this arrangement landowners may exchange the affected property, including dwelling house, for lands elsewhere. The company normally provides a replacement house and other buildings at the new site, often superior to the ones the owner previously had.

7.3 Resettlement Practice in JamaicaChanging trends in involuntary relocation processes in Jamaica over the last 30-40 years have largely centred on highway development, urban renewal programmes and bauxite mining. The absence of clear policy models of resettlement planning, compensation and implementation processes have resulted in inconsistent procedures being applied by both government and private sectors. Resettlement operations have suffered from deficiencies of policy, organisation, implementation and resources. Precedents can be found under three headings of Highway Improvement Projects; Urban Renewal Programmes and Private Sector Mining.


Steps in Land Acquisition Constraints/Issues Current PracticeSubmission of notification: Land required for public purpose is gazetted, a copy served to the owner of such land and the Commissioner of Lands will cause notice of that notification to be posted in the locality.

Levels of consultation as to the purpose of the acquisition are not specified.

In general, consultations are held on a one on one basis usually at the point of acquisition.

Power to enter and survey: The minister will authorise his officers to go onto the land to ascertain whether the land is suitable for the purposes for which it is required to carry out surveys and to delineate the boundaries of the land to be taken.

Under the Act there is only a requirement to value property for cash compensation. There is no provision for comprehensive formal assessment of assets with regard to welfare, livelihoods overall living space etc.

The Bauxite industry and resettlement completed for highways and re-housing carry out more comprehensive audits of assets beyond that required under the Act. Valuation for cash compensation is normally undertaken and market price is paid for all land and structures acquired under the Act.

Declaration of Intended Acquisition: When the Minister is satisfied land is in fact suitable, he will instruct the Commissioner to acquire the land.Negotiations for Purchase by Private Treaty: The Commissioner will then cause the land to be surveyed and valued and enter into negotiations for purchase by private treaty, of the land.

Only those with leasehold or freehold interests in land are entitled to compensation. Freehold titleholders are entitled to compensation for both land and fixtures. Leaseholders are entitled to compensation in respect of the unexpired duration of the lease and the fixtures.Informal settlers are not entitled to compensation if occupied land is acquired by Government.

Compensation levels for land and buildings occupied all tenure groups may be set by Government officials.

Though the distinction is made in the Act with regard to tilting the principle that lack of legal title/rights to assets lost must not bar PAPs from entitlement to such compensation and/or rehabilitation be made available is largely adhered to. Though there is no legal obligation to compensate informal settlers (squatters) the principle of squatter compensation has been widely applied. The Northern Coastal Highway Improvement Project (NCHIP) applied fixed rate levels of compensation to informal settlers as a relocation grant.

Current survey and valuation methods used by the NCHIP are independent and do not rely on Government or Project officials. Land and buildings are valued separately.

Compulsory Acquisition: If there is no agreement by private treaty within a reasonable time (as determined by the Commissioner) the Commissioner will invite interested persons to present to him in writing the nature of their interests in the land and the amount of their claim of compensation.Enquiry and Award by Commissioner: The Commissioner will enquire into the value of the land and the interests of the person claiming compensation and will make an award as to the true area of the land and the apportionmen of compensation to the interested parties

Procedures for reaching a settlement and determining fair market value compensation are only geared to acquiring land and do not address loss of income and other losses that may be incurred by the PAPs

Reference to the Court: Interested persons dissatisfied with the award may within a specified time request that the Commissioner refer the matter to the Court.Taking Possession: The Minister will direct the Commissioner to take possession of the land and that the land will be vested in the Commissioner of Lands and a notice to that effect published in the Gazette.

No provision is made for formal resettlement of all PAPs against the dates published in the gazette

Current levels of resettlement planning in Jamaica have largely recognised this deficiency and sought to address it in resettlement action plans, but this has been agency specific and not through formal policy or framework.

Compensation: After award has been made the Commissioner will pay to the interested persons compensation awarded. If the interested person do not consent to the award, or if there is any dispute as to the right to receive compensation the Commissioner will deposit the said amount in the Supreme Court.

After compensation for land and fixtures has been disbursed there is no legal obligation to relocate/resettle PAPs to any standard. There is an implicit assumption that resettlers will act rationally and use their cash compensation to invest in new land.


7.3.1 Highway Improvement ProgrammesThere are two principal areas of experience;

Northern Coastal Highway Improvement Project (NCHIP) Highway 2000

i) Northern Coastal Highway Improvement Project (NCHIP) Resettlement PlanUnder the NCHIP the Government is enhancing and developing the infrastructure along Jamaica’s north coast to support the total expansion of the tourism industry. This involves improvements along the highway corridor linking the towns for Negril in the northwest and Port Antonio in the northeast a distance of 270 km. Due to the magnitude of the project and different funding arrangements associated with it, upgrading activities have been divided into three segments. Along these three segments, the issues relating to land acquisition and resettlement are:

Persons residing in the areas designated for improvement are found mainly in small and sometimes scattered clusters of dwellings rather than in large established communities. This feature, combined with the ribbon like development, anticipated few people to be resettled. The initial estimate of project affected households was 726 affected households with a total population of 2,615. Of these 439 had insecure tenure.

The existing road reservation is inadequate in many places along the corridor. In order to accommodate proposed widening and upgrading of the carriageway lands have had to be acquired along the majority of the length of the roadway to facilitate upgrading. This required removal of some itinerant vendor structures.

At the time of project preparation there was no precedent for resettlement on this scale for public works in Jamaica. Three funding agencies were involved; the Overseas Economic Co-operation Fund of Japan (OECF), the Inter American Development Bank (IADB) and the European Union (EU). The OECF were not insistent on the formulation of a resettlement plan, however the IADB and latterly the EU required formulation of a full plan.

As a result the NCHIP prepared a detailed and comprehensive resettlement plan under the Ministry of Transport and Works in association with the Ministry of Environment and Housing under IADB funding. The plan sought to reconcile all mitigation initiatives to the Draft National Resettlement Policy whilst remaining consistent with the principles and guidelines of the IADB on resettlement. The resulting detailed document covered baseline surveys, resettlement strategies estimates of households and businesses affected, replacement structures, proposed relocation options, resettlement plans, residential solutions, commercial solutions and agricultural solutions. Implementation strategies and budgets were also prepared. Crucially the Plan detailed all public consultation strategy methods and outcomes.

The plan was reviewed in 1999 by the IADB with regard to the overall budget, inter-agency collaboration, action planning, agencies responsible and cost recovery. An MoU was agreed with the SDC and the Resettlement Execution Unit of the NCHIP.


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Since drafting, implementation for the NCHIP has followed existing guidelines. At the time of writing some 1,400 cases for resettlement had been addressed, somewhat more than the 726 anticipated at inception, largely as a result of inadequate census. Some 230 replacement houses have been constructed. Special measures have been taken to protect vulnerable groups such as the elderly.

Despite these strides, the Resettlement Execution Unit staffing for the NHCIP has reduced from seven staff to one. Implementation has reverted to straight cash compensation for lost assets under the Land Acquisition Act. This is largely because of the high cost of replacement housing. Cases are now settled using median values between the valuation estimate for the lost asset and the cost of replacement housing where the latter far exceeds the former. Though this generally results in the displaced person being better off financially the same caveats apply with regard to the wise use of these funds.

To date, of the 1,400 or so cases settled, 10 have resulted in recourse to legal action mainly due to slow payment.

ii) Highway 2000Highway 2000 is one of the Government of Jamaica's millennium projects and involves the construction of over 200 km of a toll highway in three phases. The first phase from Kingston to Williamsfield and including the Portmore Causeway is well underway with the section from Kingston the Sandy Bay completed and tolled. The second phase is projected from Kingston to Ocho Rios, and the third phase from Wilimasfield to Montego Bay.

The National Road Operating and Construction Company (NROCC) is a Government agency that was formed to oversee the construction of Highway 2000 and to handle matters on behalf of the Government of Jamaica, including resettlement if required. The experience so far has shown involvement in both individual residential and community resettlement along some sections of the alignment. Resettlement procedures have included financial compensation as well as rehabilitation in the new areas. In the absence of legal guidelines for resettlement NROCC, like other agencies and organisations involved in resettlement, have had to employ a range of methods that prove mutually satisfactory in determining the exact nature of the assistance to be provided. As with the Northern Highways resettlement activities full consultation with PAPs has been undertaken and the full range of opportunity costs detailed to each resettler household. At the time of writing no commercial activities have been given resettlement assistance with the exception of farming and fishing communities.

7.3.2 Urban Renewal Programmes

i) Urban Development Corporation.Urban renewal programmes have a history of resettlement through site and service provision as a response to the increased incidence of informal settlement (squatting). The programmes sought to regularise tenure on which improved housing facilities could be sited. Serviced plots were offered on rental basis for householders whose income prevented them from buying-in to the housing market. The Orange Bay Sites and Services project was a good example of this. Initially householders were offered lots at alternative, new, sites, however the practice of relocating tenants to new sites and then


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withdrawing was discredited and follow-up rehabilitation programmes at the new sites were incorporated into the programmes. More recently however the cost of these activities has forced cutbacks on such programmes. Rehabilitation assistance was comprehensive covering;

Assistance with construction or the completion of the new dwellings

Interest free loans during the construction period Flat rate charges for the lots regardless of area or quality.

In addition a Community Development Officer oversaw a programme to help re-establish tenants in the new location. This included

Assistance with managing rental and service payments such as electricity and water.

Assistance with employment and the leasing of small agricultural plots plus short term employment at the site

Social integration of the families at the new site and the construction of a community centre for basic schooling

These efforts were not sustained, however, as a result of increased costs and the need for work in other communities. Nevertheless over half of the persons relocated received their titles very quickly and overall the scheme had a very positive effect. Overall by the late 1990s over 1,700 families had been resettled. The scheme proves that given access to land, sites and services, beneficiaries will find ways to construct high quality houses. Despite the success, requirements for higher standards and the resulting higher costs have been the main constraint in replicating such schemes. As a result the UDC modified its relocation programmes to address the issue of escalating costs giving greater emphasis to cost recovery.

ii) Ministry of Housing and WaterThe Ministry of Water and Housing (formerly the Ministry of Environment and Housing) has completed a number of resettlement schemes in the Kingston Metropolitan Area to improve sanitation and environmental conditions. This has largely been undertaken as part of slum clearance schemes.

The 1968 Housing Act empowers the Minister of Housing to declare an area to be designated for slum clearance; this then requires development of a scheme that involves displacement and re-housing of persons. These programmes have come under some criticism given that some have benefited from the displacement while others have not. Some of the displacement has resulted in renewed squatting, often in other areas, whilst land titling has been slow and has not benefited everyone within the schemes.

The Programme for Resettlement and integrated Development (Operation Pride) has sought to address these concerns through the establishment of new planned settlements for low income groups, improvement of environment and public health conditions, mobilisation of resources in the informal sector towards their own improvement, employment creation and national development. Added to this is the distribution of State lands through individual titling. The principal stages for implementation under Operation Pride are summarised as follows;


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Socio Economic Survey Establishment of Legal Community Organisations Completing EIAs Topographical and Boundary Surveys Preparation of a Physical Planning Report and Physical Plan Observance of Planning Standards Technical assistance for mortgage plans Detailed survey plans for titling Preparation and distribution of legal titles Mortgage Financing

Several of these functions overlap with those that would be required for infrastructure projects under JSIF. Consequently there would be a need to establish inter-agency agreements with the Ministry where there is common interest.

7.3.3 MiningAll of the land containing bauxite deposits is privately owned. As a consequence all of the mining companies carry out resettlement. Land is not normally for sale and Mining companies normally have a difficult task acquiring it. More recently companies are moving closer to developed areas as more remote deposits have been depleted. Resettlement is therefore becoming more important. When an area has been identified the mining companies normally approach owners with the following options;

Purchase Option: acquisition through a straight cash purchase and private valuation. This is the least preferred method of the companies

Exchange of Land Options: This is the ‘land for land option’ in which land of equal productivity is given in exchange for land lost.

Resettlement Option: This involves full replacement of all structures on land of equal area and quality. The basic philosophy is to improve the living standards and productive capacity of resettler households. Companies usually make every effort to persuade landowners to accept resettlement rather than compensation. Resettlers receive compensation for crops and livestock and are also in receipt of rehabilitation support. Housing is restored to equal and often higher standards. Some flexibility and a range of options within these general principles is enjoyed by the resettler households. Land capability surveys are undertaken and the general consent of all land owners is sought for resettlement options. 1992 figures give an estimate of over 4,370 households resettled through 4 mining companies (Alcan, Jamalco, Alpart and Kaiser). Where untitled land is being acquired the acquisition period can be protracted. Companies plan 5-10 years ahead for resettlement.

Detailed procedures and policies are in place. Overall the general experience of involuntary resettlement by the mining companies is considered to be highly successful though there has been no detailed systematic survey to confirm the experience of resettled households. The most significant problem has been the protracted delays in acquiring the land. Approval processes are slow and many landowners hold out for a maximum price. Nevertheless, what is clear is that the methods used for resettlement and rehabilitation by the mining companies most closely fit the requirements for a national policy.


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7.4 Draft Green PaperIn the late 1990s the implementation of a number of programmes brought many of these deficiencies to the fore. All of these were comprehensively reviewed by McHardy1

culminating in the preparation of a Draft Green Paper ‘Toward a National Involuntary Resettlement Policy’ for the Ministry of Environment and Housing May 1998. Both papers highlighted specific inconsistencies and deficiencies in current policy and legislation in Jamaica compounded by the fact that there are is no institutional framework to monitor and guide involuntary resettlement carried out by the public or private sectors or multinational corporations such as the bauxite companies. Whilst in many cases the underlying principles of resettlement have been adhered to there is little documentation on how displaced residents were processed or what their fate has been as a result of displacement.

A summary of deficiencies in the current system are summarised in the Green Paper. These conditions still prevail and are restated from the Green Paper as follows;

i) Planning objectives centre on the removal of people from site of the main project and only marginally address re-establishment.

ii) State resettlement agencies often lack explicit policies, norms and guidelines for re-establishing people productively. These focus primarily on expropriation, without clearly stated goals and procedures.

iii) Estimates of population only to be displaced tend to undercount the actual number of people whose lands and/or houses are condemned.

iv) Government agencies tend to prepare resettlement components hurriedly and superficially

v) Assistance to re-settlers is restricted to short term relief and cash compensation

vi) Resettlement components are under-financed

vii) Productive capacities and incomes of displaced persons that are not restored within a reasonable transition period result in lasting impoverishment

viii) Re-settlers and host communities are often not consulted in a timely manner, effectively excluding their organisations from participation in the planning, negotiation and implementation of the relocation

ix) Development or local agencies charged with the management of resettlement lack the staff and skills and adequate organisational capacity.

x) Secondary environmental impacts from resettlement are not anticipated through preparation studies affecting the host.

1 National Involuntary Resettlement Policy with Guidelines and Procedures for Entitlement and Compensation of Squatters and Tenants Affected by Development Projects; Draft Final Report March 1997, report prepared for the World Bank and the Ministry of Environment and Housing – Pauline McHardy.


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xi) Strong laws which permit the compulsory purchase of land for comprehensive redevelopment fail to address the needs of affected persons who are not land owners

xii) An inadequate basis for the assessment of compensation through market values (for example where linked to values stated for tax purposes), these assessments are likely to be contested in the Courts leading to long delays

In addition to these deficiencies, there is also:

xiii) No formal definition or policy for the protection of vulnerable groups

xiv) No provision to address gender inequalities where assets are held only in the name of the male head of the household with no protection for the spouse.

Overall, positive impacts can result in increased security of tenure and improved housing facilities given adequate planning, provision of resources and implementation capacity. Where these benefits have been realised by providing resettlers with safe environments and scope for restoring incomes the benefits have been much greater.

Though never formally ratified by the GoJ, the Green Paper addresses all of the deficiencies in national policy and legislation and brings national policy into line with best practice nationally and internationally. In so doing, the key components are broadly compliant with WB OP4.12 and can be directly applied in the JSIF frameworks. The contents of the policy are reproduced in Box 7.3.


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Box 7.3

Draft Green Paper: Toward a National Involuntary Resettlement PolicyMay 1998

1. Context of Policy Formulation

2. Existing Legal and Policy ConstraintsLegal Constraints – the Land Acquisition ActMining ActHousing ActPolicy Constraints

3. A National Involuntary Resettlement PolicyPolicy JustificationPolicy Guidelines for Involuntary Resettlement

Principles and objectives of the PolicyDefinition of Project Affected Persons (PAPs)Eligibility

-PAPs losing Agric Land-PAPs losing Residential Land-PAPs losing business-PAPs losing cultural/civic amenities

Compensation Compensation optionsCompensation Procedures for Informal Settlers

-Resettlement Entitlements-Principle of Operation-Securing a Mortgage

Rehabilitation Action PlansInstitutional Arrangements

Overall coordinationPlanning and DesignImplementation

Methods of CompensationInstitutional Arrangements for Implementation of the Policy

8 Involuntary Resettlement on JICBSP

8.1 Scope of Involuntary Resettlement and Compensation on JICBSPThe ToR for the JICBSP make provision for the preparation of a resettlement and compensation framework in the event that resettlement may be required as a result of infrastructure works.

Under the current project appraisal system projects requiring resettlement are not normally included in the JSIF portfolio. These would be excluded on the basis that JSIF does not fund any project that requires acquisition of land or buildings. All JSIF projects are demand driven so the requirements for land are usually settled before the project comes to appraisal on a voluntary basis.

Nevertheless, involuntary land acquisition and resettlement principles and guidelines could, in principle, apply to the full list of infrastructure project types accommodated under the JSIF Sub-project menu as detailed in Chapter 4, Box 3 of the JSIF Operations Manual. Those projects more likely to involve resettlement and compensation issues resulting from implementation would apply to the construction, rehabilitation and equipping of:

Small roads, bridge approaches, small bridges, foot bridges, retaining walls, drains

Urban access roads Gullies Small scale water schemes Small sports facilities Sanitation Drainage Street lighting

At the time of writing there was no precedent for involuntary acquisition of land by JSIF for any purpose related to any JSIF projects with these components. This fact explains why an involuntary resettlement framework is not included in the current JSIF Operational Manual. The scope of the resettlement framework as required by the ToR is therefore interpreted to address the following three basic requirements.

Whether any involuntary resettlement and/or acquisition of land will be required as a result of works arising from the JICBSP.

In the event that resettlement will be required development of a resettlement framework that can be applied to the JICBSP and in general to any future JSIF projects.

If no resettlement is required for the JICBSP then a resettlement framework will be produced for future JSIF projects for future programme to ensure compliance with national and international best practice and WB OP4.12.


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The principal scope of capital works for the JICBSP and other similar projects in inner city areas might result in six possible categories of resettlement and/or compensation. These range from full relocation resulting from capital works to compensation for loss of land and structures resulting from road and drainage improvements. A summary of representative impacts is provided in Table 8.1.

Table 8.1 Categories of Impacts and Entitlements for Resettlement and

Compensation for the JICBSP and Similar Projects in Inner City Areas

ICBSP Infrastructure Investment

Category of Impact Definition of Entitled Person

Road widening, drainage and sanitation improvements; all off site trunk infrastructure improvements

1) Loss of land, including partial loss of gardens or yards and all related structures and fixtures such as fences and walls

Legal user of project affected lands

Non legal user of land without title

2) Loss of residential land dwelling and all fixtures and structures.

Legal and non legal owner of affected dwelling and structureNon legal user of land without title

3) Loss of Rented Government structures and use of land

Legal user of land with title


4) Business losses Legal user of structures used for business purposes

Non legal itinerant roadside vendors.

Utilities lossesTransition assistance All eligible PAPs to be relocated

In keeping with the principle of ensuring the resettlement and compensation be minimised, design principles adopted throughout the development of the Infrastructure Plans for the JICBSP served to ensure that the proposed works would not result in either the removal of existing structures or houses, or the encroachment of proposed facilities onto existing privately owned or occupied land.

To achieve this, engineering specifications under the JICBSP are being designed within existing road/drain alignments and dimensions. Where dimensions are being increased these remain within designated public space. This has been verified by checking existing rights-of-way against design drawings and site checks at specific locations.

For all of the communities, the plans/proposals included in ‘The Neighbourhood Basic Infrastructure and Public Safety Plans’ will not lead to either:

Involuntary resettlement of existing residents or trades-persons


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Encroachment on land presently used for domestic, agricultural or commercial purposes.

This will ensure minimum disturbance of existing boundary arrangements and preclude the requirement for compensation for loss of all or part of adjacent land holdings.

This strategy is in keeping with current JSIF policy and will not require the Fund to engage in negotiation for land acquisition as a result of road or drain widening/improvements under the JICBSP. As a result, the scope of the resettlement framework and compliance with OP4.12 presented here is given in the generalised context for future JSIF projects.

8.2 World Bank Safeguards for Involuntary Resettlement OP 4:12 As stated in Section 2 the World Bank OP4.12 is intended to ensure that, where involuntary resettlement is a necessary aspect of project implementation, long-term social and economic disruption of communities is avoided. This Safeguard Policy has been identified as one that may be applicable to the JICBSP because some of the sub-projects to be funded by JSIF in inner-city communities may involve the involuntary taking of land and displacement of some persons in the community. In cases where OP 4:12 is triggered, the borrower is required to prepare a Resettlement Plan or, in the case of sector investment projects, a Resettlement Policy Framework, under which sub-projects are screened for consistency with this OP.

8.3 Draft Green Paper Compliance with OP4.12 The Draft Green Paper on National Involuntary Resettlement policy provides the most comprehensive framework statement on involuntary resettlement in Jamaica, based, as it is, on a full analysis of in-international and in-country experience and systems centred on OP4.12. Both the substance and the spirit of the document comply with the OP4.12. It would, therefore, seem most practical to adopt this overall framework, with some amendment and adjustments for the JSIF. Key principles of the policy can be stated as follows;

i) Resettlement must be considered not as a mitigating negative but as an opportunity to improve livelihoods of project affected persons through greater security of tenure and improved livelihoods

ii) Priority must be given to minimise involuntary resettlementiii) PAPs must be granted the opportunity to select resettlement options,

including locations and forms of compensationiv) Lack of formal title and/or ownership of assets must not bar PAP from

participating and benefiting from the projectv) Payment of compensation must be made well in advance of relocationvi) Provision must be made for full rehabilitation of resettler households in host

areasvii) Provision must be made for all vulnerable groupsviii) The application of these principles will apply either to individuals or whole

communities.


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Compliance of the Green Paper with the Policy Framework in OP4.12 and the recommendations for the JSIF Framework are reviewed in the Compliance Matrix in Table 8.3.


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Table 8.3Summary of Compliance; OP4.12, Draft National Resettlement Policy and JSIF

Requirements (Planning steps are listed in italics)

World Bank OP4.12 Policy Framework

Draft Green Paper Involuntary Resettlement in Jamaica

Recommendation for JSIF Framework

a) Project Descriptioni) Project objectives and

possible outcomes, identification and description of project area or areas.

ii) Assessment of the key project components that will result in resettlement

iii) Main area or zone of likely impact that will require involuntary resettlement.

iv) Assessment and review of alternatives (if any) to resettlement

v) Measures to be taken to minimise resettlement

vi) Statement of options for involuntary relocation and compensation package

vii) Consultation strategy with re-settler households and community leaders/households in the receiving areas.

(i – iii) Provision is made for all of the key principles to be established during project development, design and description. Project description is agency and project specific.

(iv – vi) Project planning specific requirement

vi) Policy provisions for several forms of compensation and how this is applied based on local experience are clearly set out in the Green Paper

vii) Full consultation specified during all aspects of resettlement process

(i-iii) Part of 4 Project Concept Development and Part 5 Design and Review in the JSIF Project Cycle.

(iv – vi) To be integrated into JSIF Project Cycle but will require consultation in the project areas.

vii) JSIF have a strong tradition of consultation on all their projects. Key messages on involuntary resettlement must be allowed for in overall consultation processes.

b) Principles and objectives for resettlement planning and implementationi) establish an

understanding of the socio-economic status of the affected household/community

ii) quantifying all impacts on the household/community and community resources

iii) establish and maintaining an effective re-settler and host community consultation process.

iv) formulating policy and procedures for compensating households and communities for loss of assets and livelihood

v) identification of suitable receiving locations/areas

vi) preparing a flexible and robust resettlement and development plan.

(i-ii) Baseline survey work is specified as part of planning and design. Implicit in all of the requirements in the Green Paper is the need for accurate baseline information.

iv) A complete statement on principles and guidelines for compensation are clearly set out in the paper.

(v-vi)The Green Paper specifies all the requirements for planning and design.

(i-ii) JSIF have experience of baseline socio-economic surveys. Experience required in designing questionnaires for resettlement situations.

iii) Full beneficiary consultation is part of the JSIF mandate. JSIF also profile communities prior to implementation.

iv) Green Paper principles combine international and Jamaican best practice. These should be applied in JSIF framework but where deficient must comply with OP4.12.


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Table 8.3 Summary of Compliance; OP4.12, Draft National Resettlement Policy and JSIF Requirements(cont)



Recommendations for JSIF Framework

c) Process for preparing and approving resettlement plans i) Results of general baseline

censusii) Social and economic surveys

determine current incomes of affected households including vulnerable groups

iii) magnitude of lossesiv) attitudinal questions pertaining

to preferences for resettlement, alternative income sources in the receiving areas and forms of compensation.

v) analysis and development of plans to show how household incomes can be maintained at the time of resettlement

(i-v) Items in listed in part b above would form the basis of Planning and Design work listed in the Green Paper

(i-v) Integrate involuntary Resettlement Planning into Project Approval, Design and Review and Project Concept Development of the JSIF Project Cycle. This could also be done as a matter of normal JSIF community profiling as given in the Operations Manual.

d) Estimated population displacement, criteria and categories of displacementi) estimates of the numbers of

population affectedii) quantification of the physical

social, and economic impact on affected communities/households

iii) clear definition of appropriate displacement criteria such as

loss of land and/or dwellings and other essential household structures

social disruption such as separation from family and friends;

loss of services and/or access to services

dangerous proximity to construction and/or infrastructure such as transport routes, location of drains

iv) preparation of categories for displacement and impacts

v) clear definition of impacts where compensation for loss of assets without involuntary resettlement would be required.

(i-iv) The Green Paper provides guidance on all categories of Project Affected Persons (PAPs) with regard to;

land ownership categories of lost assets

All PAPs will be entitled to compensation based on their status in the affected areas.

There are no specific provisions made for;

vulnerable groups gender and asset

ownership within the household

less tangible impacts related to loss of access to services and/or amenities.

v) Provision for partial loss of land (where full resettlement would not be required) but where compensation might be paid.

(i-v)JSIF framework to adopt the Green Paper Recommendations on displacement criteria but these must be supplemented as per the deficiencies noted and specified in detail according to the project requirements.

Provision must be made for a policy for compensation for partial loss of assets (such as loss of part of land).


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Summary of Compliance; OP4.12, Draft National Resettlement Policy and JSIF Requirements (cont)




e) Legal Frameworki) legal rights of re-settler householdsii) legal and administrative basis and

procedures for land acquisition (voluntary and involuntary)

iii) legal and administrative basis of valuation of assets

iv) legal and administrative basis for compensation.

v) legal standing of implementing agencies with regard to the implementation of resettlement plan in all its aspects.

(i-ii) The Land Acquisition Act 1947, Housing Act (1968) and Mining Act (1947) provide the only protection for re-settler households with titles. The Green Paper states there is no bar to compensation for those without title.iv) Levels of compensation are not specified in the Acts and are largely set by the agency(ies) concerned.

Land required for JSIF interventions, or impacted on by JSIF would be acquired by the Commissioner of Lands under the Land Acquisition Act, or by the Minister of Housing under the Housing Act.

Compensation levels would be set within National Guidelines (and based on the experience from other projects) though there is no formal structure and level.

f) Methods of auditing and valuing affected assets.i) consultation and dissemination of

information to re-settler households on valuation and audit of assets

ii) immoveable property valuation including;

1. size of living space,2. quality of build, 3. land holdings, 4. outbuildings, 5. other structures such as

fencing.

iii) tenure arrangementsiv) loss of livelihood opportunitiesv) loss of amenity or access to basic

servicesvi) arrangements for disclosure of

information and consultation on results of audits/valuations

i) This may done by government Officials or by independent valuers.

(ii-v) The manner and detail of asset valuation in resettlement is crucial and is traditionally the most contentious issue. The Green Paper specifies all the items listed, however the methods for valuing assets need to be set down in more detail.

vi) No formal requirement for transparency in valuing assets

i) JSIF requires a comprehensive statement on how all assets affected by its projects will be valued. This can broadly follow existing methods but a formal statement of methods for estimating levels of compensation would need to be prepared.

vi) A full transparent system is advocated for JSIF.


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Summary of Compliance; OP4.12, Draft National Resettlement Policy and JSIF Requirements (cont')




g) Organizational procedures for implementation and delivery of entitlementsi) institutional arrangements and

need for capacity building. ii) overall project management and

operational arrangementsiii) determination of compensation;

the nature, amount, structures and levels according to eligibility

iv) design of agreements and disbursement procedures

v) responsibilities of intermediaries including;

vi) private sector including contractors, agencies, government.

vii) field consultation with re-settler households and reporting arrangements

viii) field consultation with receiving area community leaders and households

i) The Green Paper recommends that Ministry of Water and Housing apply their principles to the resettlement process as part of their normal range of activities.

(iii-iv) As with asset valuation determination of comprehensive compensation packages and methods of disbursement is advocated. The Green Paper specifies all the items listed, however the methods for valuing assets need to be set down in more detail

i) JSIF to agree broad principles based on the scale of involuntary resettlement.

ii) JSIF Operational Division but with clear guidelines on links with other agencies such as Ministry of Water and Housing.

(iii-iv) JSIF to develop compensation packages following a review of existing experience and all principles as set out in OP4.12

h) Implementation schedulei) synchronising resettlement with

construction phases for civil works

ii) resettlement planning and implementation with target dates for relocation

(i-ii) The requirements for an action plan are clearly detailed in the Green Paper

(i-ii) JSIF to adopt as part of Project Cycle

i) Grievance/Redress Proceduresi) procedures for third party

settlement of disputes arising from resettlement

ii) arbitration or other alternative dispute resolution mechanisms

iii) local or traditional dispute resolution mechanisms

iv) judicial recourse

i-iii) The Green Paper suggests Committees be established to address complaints and grievances pertaining to resettlement . There must be local community representation. Grievances will be handled through negotiation. iv) In the absence of a resolution to disputes grievances may be submitted to the courts

i-iii) JSIF should review and where feasible adopt arbitration/negotiation grievance procedures followed by other agencies involved in resettlement.


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Summary of Compliance; OP4.12, Draft National Resettlement Policy and JSIF Requirements (cont)




k) Consultation arrangementsi) overall consultation strategy for

re-settler household and host/receiving communities

ii) establishment of local committees and liaison structures for implementation and addressing problems

iii) detailed formal and informal survey/interview with re-settler households and receiving communities

iv) establishing information dissemination arrangements with regard to;relocation alternativeslivelihood opportunities

iii) family ties and links,iv) cultural propertyv) access to services vi) integration within host

community/areavii) options for compensation and

restoring existing livelihoodsv) grievance proceduresvi) arrangements for re-settler

household to communicate concerns and issues with regard to resettlement plan.

(i-v) Full consultation is required through out all of the administrative steps recommended.

i-vi) JSIF currently have local consultation structures/strategies and messages. The approach and strategy for developing messages and consultation to respond to resettlement need to be formally developed.

Consultation at all stages should be implemented.

SDC has strong links with CBOs. JSIF currently has a formal agreement with SDC for project cooperation.

l) Monitoring and Evaluationi) institutional arrangements for

monitoring, with inclusion of independent monitoring where required

ii) arrangements for participatory monitoring and evaluation with re-settler households and receiving/host community

iii) monitoring progress of resettlement activities

iv) monitoring status of liaison strategy

v) input output monitoringvi) post relocation monitoring and

evaluation procedures and timeframe

i-vi) Internal monthly monitoring of activities must be undertaken. These will verify there are no outstanding land acquisition issues, verify and ensure timely delivery of funds, ensure all resettlement measures properly implemented.

In addition social and economic impact of resettlement, and income restoration initiatives will be undertaken

(i-vi)JSIF Monitoring and Evaluation procedures to be applied to the resettlement process and post project monitoring of resettler welfare.


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9 JSIF Involuntary Resettlement Framework.

9.1 Involuntary Resettlement and the JSIF Project CycleGiven the fact that, at present JSIF would not undertake sub-projects requiring resettlement addressing the overall requirements for involuntary resettlement throughout the JSIF project cycle would only become an integral part of the technical analysis for major new JSIF infrastructure Projects where resettlement might become a risk. This would need to be identified at initial project design and included in the funding arrangements for the Project. Implementation would then become the responsibility of the Operations Department.

Overall responsibility for this assessment will fall under the JSIF Operations Department as part of the Project Development and Implementation process, under the Policy directions approved by the Board of Directors.

If the sub-project is approved Technical Officers within the Operations Department, under the supervision of the Operations Manager would therefore be responsible for ensuring the principles and standards related to involuntary resettlement, in all its aspects, as set out in these guidelines are adhered to throughout the Project Cycle.

As such, any World Bank-financed sub-projects that will result in the involuntary displacement of individuals or households will be evaluated to ensure compliance with the policies outlined in the Green Paper and the World Bank's Involuntary Resettlement Policy Framework OP4.12.

Planning for resettlement will be fully integrated into the overall project planning design and implementation. The net benefits of projects must be trickled down to households directly and/or indirectly affected.

i) Project Concept DevelopmentDuring the project concept development field visit, project officers are to determine the scope and nature of involuntary resettlement necessary for each project. This determination forms part of the technical evaluation of the project.

ii) Project DesignThe project design will require provision for a comprehensive resettlement plan to cover all stages from planning through implementation of resettlement. These must be fully integrated into the contract and must include provision for post – project monitoring and evaluation. Within the contract there must be clear statements identifying lines of responsibility and management with regard to all stages and components of the resettlement plan. These parameters must be applied regardless of the numbers to be relocated as a result of capital works.

iii) ApprovalApproval of a project by the Board of Directors should only take place when the all of the facts and options relating to the scope and nature of involuntary


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resettlement are known. The members of the Board should have available to them all information and options required for them to approve a project.

iv) Contracting In order to maintain the integrity of all of the considerations regarding involuntary resettlement prior to contracting, the proposed mitigation measures regarding selection of relocation areas, compensation and rehabilitation proposals in the host areas should be provided by the technical officer and included within clauses of the contracting documents of the supervisors and contractors.

Also, to be included within the contracting document are penalties for non-compliance to the mandatory requirements for resettlement as set out in the guidelines and the contract. Since the requirements and scope of involuntary resettlement will vary the wording within contracts will be specific to each project, and will be developed with the aid of the JSIF Legal Advisor.

v) SupervisionDuring the implementation stage of the project JSIF officers are required to monitor the various stages in the implementation of resettlement, as prescribed during appraisal and contracting, and monitor the supervisor’s adherence to the policy and guidelines. This would include regular field visits and interviews with re-settler households/communities.

Project specific checklists should be added to the JSIF Operations Manual for Supervision and Monitoring of Construction that outline the measures to be taken to monitor and ensure that the prescribed resettlement obligations under the frameworks are being met in full.

vi) EvaluationIn order to assess the effectiveness of the overall resettlement planning and implementation process environmental approach of the project cycle, post project evaluation also needs to be conducted. Projects that have implemented involuntary resettlement can be evaluated by site inspections using a checklist of the post project monitoring and evaluation factors for the welfare of resettler households. A site visit and evaluation will be required.


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Figure 9.1 Involuntary Resettlement in the JSIF Community Project Cycle


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1. Project ConceptDevelopmentField visit to include; I)Environmental screening as part of technical analysis;ii) Requirements for involuntary resettlement identifiedProject concept Brief

2. Project design and reviewInput into Project Design Documentsi) ER, EA or EIA conducted; Environmental mitigation measures identified based on results of 4.ii) Requirements for involuntary resettlement quantified. Requirements for resettlement plan prepared.Environmental and resettlement safeguards incorporated into Design Consultants TOR

3. Project ApprovalSubmission to GoJ and funding agency for approval of projects for funding.

i) Environmental mitigation considered,ii) Involuntary resettlement requirements fully evaluated and approved

4.Project implementationContracting:i)Environmental mitigation incorporated in contractsii) Full implementation of Involuntary Resettlement Policy and Guidelines to be made mandatory in contracts Contract Supervision: i) Monitoring of and reporting on environmental mitigation plansii) Ongoing monitoring of implementation of resettlement plans. Independent monitoring where required. (Resettlement to be completed prior to commencement of construction)

5. Project Completion

i) Monitoring of and reporting on environmental mitigation plansii) Ongoing monitoring and evaluation of re-settler progress/welfare

6. Post-Project Activities Evaluation and support for sustained use, operations and maintenancei) Post-project technical evaluationii) Framework for evaluating re-settler progress/welfare post project as set out in policy and guidelines

9.2 Guiding Principles for Resettlement PlanningThe following principles are recommended for involuntary resettlement for JSIF wherever and whenever it may arise. The application of these principles will apply either to individuals or whole communities.

i) Avoid unnecessary displacement: In light of many problems faced as a result of relocation, highest priority will be given to avoiding or minimizing disturbance of local populations and communities. Where decisions are taken to improve infrastructure, every effort will be made to explore alternative sites and project designs to minimize the need for resettlement. In exceptional circumstances, acquisition of additional land, houses and other assets, and the resettlement of people losing the totality of their land and/or houses or a significant part thereof may be unavoidable.

ii) Land Acquisition: All land acquisition will be undertaken on the basis of standard forms of agreement on the basis of a willing seller-willing buyer arrangement. A clear distinction will be made between voluntary acquisition of land whether private, government or municipal. In each case it will be incumbent on JSIF to establish the tenure status of the land prior to acquisition.

Compulsory acquisition under the Land Acquisition and/or Housing Act will only be a last resort, since the existing legislation does not provide a suitable vehicle for resettlement practices outlined in the Draft National Policy and this RF.

iii) Selection of Alternatives: The population will be given the opportunity to select from possible alternatives with regard to location of resettlement site and forms of compensation.

iv) Rehabilitation Action Plans. Wherever people are likely to be adversely affected by a project, JSIF will prepare Rehabilitation Action Plans for the project. Through the preparation Rehabilitation Action Plans, Government will safeguard that project-affected people improve, or at least regain, their former standard of living and earning capacity after a reasonable transition period.

v) No differentiation based on legal property title: All project-affected- persons residing, working, doing business or cultivating land along a road or segment of road to be rehabilitated, or and area to be developed as of the cut-off date established will be entitled to rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standard, income earning capacity and production levels, the lack of legal rights to the assets lost will not bar the project-affected persons from entitlement to such rehabilitation measures.

vi) Payment of Compensation: All compensation money due to the displaced persons will be paid well before the date of his/her removal. In order to ensure that there is no misuse of the said money by beneficiaries, the Project Authorities will be responsible for disbursing such money according to a


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prescribed schedule. Measures will be put in place with clear guidelines and criteria for relocation and compensation to prevent fraudulent claims for compensation.

vii) Vulnerable Groups: Provision will be made for all vulnerable groups including PAPs with insecure tenure and low housing standards, poor groups unable or inhibited from accessing formal systems for relocation and compensation, elderly and disabled. Provision will also be made to ensure that women whose names may not appear on title documents, notwithstanding their financial and non-monetary contributions to the household, are taken into account to avoid cash compensation being awarded to and appropriated by a male member of the household.

viii) Rehabilitation Measures. Rehabilitation measures for PAPs will be provided. This would include replacement housing and/or land and full assistance other measures required to restore incomes of PAPs to pre-project levels. PAPs must be re-established in such a manner that their former standard of living (prior to displacement) is restored, in the minimum and maximised through full support in the host area.

With regard to items (iv-vii) there is currently no legal requirement to compensate informal settlers for land acquisition and/or rehabilitation grants. In the absence of a formal policy on compensation for informal settlers under the current Land Acquisition Act there are ongoing concerns relating to the setting of precedents. Other agencies have established precedents and procedures for these groups and informal itinerant and mobile vendors. The NCHIP provide flat rate relocation grants but have experienced problems specifically relating this to different levels of informal settlers – poor informal settlers are usually referred to as ‘squatters’, whilst some informal settlers can clearly be labelled very wealthy. Flat rates cannot be easily applied to these groups in the absence of a formal policy framework.

A formal squatter policy is currently being debated and drafted by the GoJ. In the absence of this, compensation policy will revert to OP4.12, which requires all squatters regardless of status receive compensation and rehabilitation assistance at 100 percent of substitution cost of affected house and related structures as a result of being displaced from project affected lands.

9.3 Project Description and Concept DevelopmentThe details of the project will be required for project concept development and planning and design. The following checklist indicates a range of factors that must be taken into account. These include;

the key project components that will result in resettlement; the main area or zone of likely impact that will require involuntary

resettlement; review of alternatives (if any) to resettlement; measures to be taken to minimise resettlement; consultation strategy for resettlement.


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The key facts and options resulting from this analysis will be evaluated during the appraisal of the project and planning and design.

9.4 Resettlement Planning and Design

All of the considerations and objectives set out in the policy must be embodied in a resettlement action plan. The plan would contain timetables for carrying out activities, clear specifications of institutional arrangements for implementation and a comprehensive budget outlining each activity and each source of financing.

The action plan will be designed no later than six months prior to the estimated date for the commencement of the works. The compensation, resettlement and rehabilitation activities will be completed at least one month before commencement of the works. Resettlement planning is simply divided into three main stages;

i) Planning and Design Stage: includes announcement and consultation with the PAPs on the project/programme and the planning and design aspects of the resettlement activities. There are three main elements;

Identification of PAPs ; This stage aims to ensure that persons displaced by a project are properly identified and their details accurately recorded. In order to achieve this, an accurate baseline survey in the affected zone must be done and affected areas clearly mapped. Once the survey has been completed, relocatees will be notified of their rights and proposed plans. A cut-off date for eligibility will be set to prevent fraudulent claims for resettlement assistance. This is will coincide with the date of the census/survey of the area.

Location of Replacement Land and Sites for PAPs; As far as possible, adequate and suitable land selected for resettlement of the displaced families will be free from all encumbrances so that there is no difficulty in recording the land in favour of the resettlers. The site so selected will be very close to the previous (site from which displaced persons will be moved) site as far as practicable, so as to reduce environmental differences which may negatively impact PAP’s livelihoods and social activities.

Development plan for the new settlement site. The resettlement plan will begin as soon possible after the baseline survey is completed and before civil works commence so that people can be relocated prior to land acquisition. The content and level of details of any resettlement plan will depend on the magnitude of resettlement activities.

ii) The Implementation Stage: encompassing the management of the actual removal and resettlement of the people of a particular site or set of sites. This stage includes the development of a resettlement area.

iii) Rehabilitation, operation and maintenance Stage : consisting of all activities aimed at rehabilitation and consolidation of PAPs at the resettlement site


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iv) Monitoring and Evaluation Stage : Provision will be made for full supervision and monitoring by the JSIF. Internal monitoring will be carried out monthly. External monitoring will also be done by independent organisations NGOs and consulting firms.

Internal monitoring and supervision will:

o Verify that there are no outstanding or unresolved land acquisition issues, that the census of all PAPs has been carried out, that the resettlement action plan has been prepared and is being implemented in accordance with the resettlement framework

o Ensure all resettlement measures are implemented as approvedo Verify that the funds for implementation activities are provided in a

timely manner, are sufficient for their purposes, and are disbursed in accordance with the framework.

External monitoring will:

o Evaluate the social and economic impact of resettlement on the PAPs

o Verify whether the objective of enhancement or at least restoration of income levels and standards of living of PAPs have been met.

o Suggest modification in resettlement implementation where necessary to achieve the principles and objectives set out in the framework and in keeping with WB OP4.12

The institutional framework for all JSIF projects requiring involuntary resettlement will be specified in some detail during planning. This would make provision for direct and indirect linkages with all agencies in government and private sector where required. The stages in the resettlement action plan must include at least the following elements;

o institutional arrangements and agreements with all related agencies

o consultation strategy and specification of consultation stage and methods

o census and inventory of assets/socio-economic surveyo identification of receiving siteso preparation of PAPs for transfero preparation and development of receiving sites for arrival of PAPso transportation to new siteso assistance programme for rehabilitation at new siteo arrangements for ongoing monitoring and evaluationo budget and all costs

Provision must be made for strong management in all of these activities and procedures to ensure the process is effectively executed. Full consultation on all initiatives, including compensation activities will be undertaken.

The following summarise the main requirements for action planning; Jamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427)

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i) Guidelines for Preparation of Resettlement Action Plan The socio-economic report provides the basis for understanding the issues relating to displacement and the requirements for resettlement and rehabilitation for PAPs.

Identification of the Area: The first task is to identify land for resettlement and rehabilitation of the displaced persons. Land that is free from encumbrances will be identified for this purpose. The new resettlement sites as far as practicable will be identified in the existing settlement taking into account the socio-economic characteristics of both the displaced persons and the host population.

Layout Plan: Where necessary a detailed layout plan will be prepared to accommodate all the displaced families. Of particular importance are the standards to be used in the design of the layout plan.

Action Plan for Economic Rehabilitation: All rehabilitation and resettlement packages will include a model of alternative development strategies set out clearly in the action plan, to enable the affected families to make their choice among the alternative offered. The different aspects of these packages and the financial implications will be indicated in the plan and discussed with the PAPs. An estimate for each package with the number of families to benefit will also be prepared.

For each of the development packages, the financing for inputs, estimates of output expected and the extent of likely restoration/living standards will be specified.

The extent of compensation, money and rehabilitation grants to be received by each family in accordance with the provisions of the Involuntary Resettlement Framework will be estimated and programmes will be ear-marked to determine how best these amounts can be sued for the re-establishment of the family both physically and economically.

Roles and responsibilities of organisations (government and non-government) that can be involved in the rehabilitation programmes for the PAPs will also be specified.

Time Plan and Budget: The resettlement schedule will be divided into specific activities. The costs will be broken down into sub-categories as follows;

o Cost of socio-economic survey and preparation of the rehabilitation and resettlement plan

o Compensation for lost assets; Land House site House and other structures Water tanks Trees and other crops


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Other immovable property

o Cost of moving relocates Removal of families and transport of household goods Temporary housing Food arrangement Medical care Other

o Cost of relocation and rehabilitation Land development for house site Infrastructure development Rehabilitation package Subsistence allowance Training of PAPs

o Administrative overheads Physical facilities (office, building furniture etc) Vehicles Materials Office establishment costs Training of staff members Consultancies/technical assistance Contingencies

The rehabilitation and resettlement action plan is an integral part of the project estimate. It is therefore necessary that this action plan, and the rehabilitation activities, is prepared well in advance so that they can be integrated in the overall project budget and investment plan.

Implementation: In each project, resettlement schedules will be co-ordinated with construction schedules. All resettlement activities arising out of works to be implemented will be completed prior to the scheduled start up date of those project works. JSIF will be responsible for implementation of the resettlement schedule.

Costs and Budget: Expenditures for all components of resettlement will be integrated into the overall costs of the project. These will include all costs related to land acquisition, resettlement and rehabilitation activities. All costs and benefits will be included in the resettlement budget. The cost estimates will make adequate provision for monitoring and supervision and for contingencies.

Consultation arrangements: An effective community engagement strategy will be employed to through JSIF to ensure both the community generally and PAPs specifically are fully informed with regard to likely impacts and the need for resettlement, eligibility criteria, compensation and rehabilitation measures, grievance and redress procedures and the overall timetable for development. An effective, structured community engagement strategy for disseminating and eliciting information will be undertaken. This will initially be undertaken by the CLOs. Stages in consultation are summarised as in the following table:


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Consultation ArrangementsPlanning stage Consultation Consultation Purpose and Methods

Planning and Design Stage

Sensitisation Initial contact and sensitisation meetings. Given consultation already completed during feasibility planning communities will already be aware of developments. Sensitisation should clearly demonstrate where losses of land will occur and resettlement requirements. Following this period of consultation land acquisition requirements will be assessed.

Establishment of local committees

Where necessary these will be established to review land acquisition arrangements, consider and agree any alternatives and ultimately oversee resettlement and compensation arrangements.

Registration of all PAPs Formal survey should be undertaken and all PAPs incurring land and/or structural losses in project-affected areas must be fully registered and entered into a database.

Individual consultation and briefing I

Consultation with all PAPs to advise them of their eligibility and consider all options for land acquisition compensation and rehabilitation assistance. Information should cover relocation alternatives, livelihood opportunities, family ties and links, access to services and integration with host communities.

Individual consultation and briefing II

Liaison with all PAPs with regard to preferred options and the proposed timing

Consultation with host communities and/or households impacted by resettlement

Full consultation on proposals for resettlement and likely impacts on host communities.

Consultation Arrangements (cont)Planning stage Consultation Consultation Purpose and Methods

Final consultation on Resettlement Action Planning

All timing and actions required for implementation to be conveyed to PAPs

Implementation Stage including rehabilitation and operations and maintenance.

Consultation during moves

Ongoing consultation and on site supervision and checking as work progresses.

Grievance and redress procedures

Committees must address complaints and grievances pertaining to resettlement. There must be local community representation in both displacement and receiving areas. In the absence of a resolution to disputes grievances may be submitted to the courts

Monitoring and Evaluation

Ongoing and post project monitoring of PAPs.

Interviews with households post project to ensure all undertakings have been met and rehabilitation assistance has been effective.

Complaint and Grievance Procedures: Committees to settle complaints and grievances pertaining resettlement would be constituted by JSIF as and when necessary to pre-empt all disagreements being referred to the court. Many questions/disagreements may not involve legal rights e.g. many of the PAPs may not be eligible for compensation under the Land Acquisition Act. Reliance must therefore be placed on alternative dispute resolution mechanisms through the


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Committee. The Committee will involve administrative staff but also representatives of the local communities affected by the project. Grievance related to all aspects of the project will be handled through negotiations aimed at achieving consensus. Amicable settlement between the PAPs and the project initiators at the project level is critical. If the case is not resolved at this level, it may be submitted by either party to the Courts.

ii) Overall Coordination: Overall coordination of resettlement activities will be the responsibility of JSIF supported by a number of agencies. The will ensure that in-country best practice is brought to bear in resettling PAPs and to help strengthen JSIF’s capacity in resettlement. Key tasks that must be undertaken as part of the resettlement programmes would include -inter alia- the following.

o Prepare resettlement action planso Preparation of Terms of Reference for rehabilitation and

resettlement plans and preparation of norms for eligibility and displacement criteria, compensation levels and arrangements and cost recovery mechanisms

o To ensure accurate and timely completion of the socio-economic baseline survey of the affected area

o To assess the extent of land required to allocation to displaced persons and the availability of such land for acquisition or purchase for resettler households

o To monitor progress of the action plans and ensure smooth and timely implementation

o To identify NGOs if any, and involve them in resettlement and rehabilitation activities.

In order to carry out specific functions JSIF would require staffing for three positions including Land Acquisition, Resettlement and Sociologist/Community Development Officer these would undertake the following tasks.

o Examine the report of the socio-economic baseline survey o Examine details regarding the acquisition of land and property and

payment of compensationo Examine the resettlement action plan and recommend any

amendmentso Examine the details of the areas earmarked for rehabilitation and

improvemento Approve removal/rehabilitation and resettlement programme and

co-ordinate the overall implementationo Document and review all grievances of the displaced persons and

address these in a timely manner

Partner Agencies would include;

o National Land Agency/Estate Management Division/Land Valuation Division,

o Ministry of Water and Housing/National Housing Development Corporation (NHDC)

o Ministry of Local Government and WorksJamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427)

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o Parish Councilso NGOs and CBOs for independent monitoringo Social Development Commission (SDC)

The key agencies are the National Land Agency with regard to land acquisitions, whether voluntary or involuntary through compulsory purchase. Resettlement procedures, both administrative and legal, will closely follow those of the National Housing Development Corporation, whilst asset valuation will be covered by the Land Valuation Division. Where appropriate independent valuations will be undertaken. An extension of JSIF’s current portfolio of inter agency agreements will be required to include the National Land Agency and the NHDC.

There will be two key staff contacts within JSIF Operation Department.

A legal officer will address all legal aspects of resettlement including land acquisition and all matter arising from grievance and redress procedures.

Resettlement officer to address all issues relating to resettlement planning implementation and monitoring and evaluation.

iii) Guidelines for Conducting Socio-Economic Surveys: Comprehensive information will be required on the magnitude of displacement of persons in the affected area and the consequent impact of development on the socio-economic aspects of the PAPs. A socio-economic survey will be undertaken to facilitate the detailing of the action plan. The survey will require the following;

o Identification and demarcation of the area to be affected by the development

o Census of family/population – detailing socio-economic characteristics, (family and settlement profiles), property inventory, production system, standard of living

o Sources of data; all primary and secondary data sourceso Analysis; all data to be coded and entered in to a computer for

planning and monitoring and evaluation

9.5 Definition of Project-Affected Person (PAPs)The rehabilitation efforts of JSIF for all PAPs will seek full inclusion of all of the groups of people affected by the project – including but especially vulnerable groups. All groups will be informed at the earliest possible stage, about the project and options for resettlement and rehabilitation. The JSIF will prepare the local population for the changes that are to come.

Regarding tenure PAPs, fall into the following categories:

i) Landowner: a person with an original Certificate of Title, or a Transfer Certificate of Title in case of registered land; and tax declaration for unregistered land:

persons from whom land is acquired; persons whose residence is acquired;


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persons from whom land and their residence are required; persons whose business is acquired; persons who lose part of their land

ii) Lessee/Tenant: a person with exclusive possession and use of land and any permanent fixtures thereon for a fixed period of time in return for rent:

iii) person who personally utilises land furnished either by the owner or the legal possessor persons or family paying rent for residential premises. persons paying rent for business premises.

iv) Informal Tenant: A person with an informal or short duration lease (month tenants, tenants at will).

v) Informal Settler (Squatter): a person occupying land and/or structure without permission. Informal settlers who have been squatting on land undisturbed for over fifteen years have customary rights. In order to exercise these rights though the squatter would have to initiate proceedings through the courts.

PAPs will be entitled to compensation based on the status of their occupation in the affected areas and the type of impact. There are three types of impacts:

loss of all or part of material assets, land, structures etc. proximity to the development to the development that renders it too

dangerous to remain loss of economic opportunity, access to services and amenity.

Eligibility Criteria

i) Project-affected persons losing agriculture land: As a general rule, project-affected families losing agricultural land will be compensated through “land for land” arrangements of equal productive capacity, satisfactory to them. Such arrangements will explore the following methods for resettlement, none of which entail PAPs receiving cash compensations to buy land for themselves:

PAPs who would prefer to look for land in the area where they want to resettle and then have government make the necessary payment;

JSIF as negotiator for land purchased on behalf of PAPs who cannot or will not look for their own land, or fail to get the land they want after making an effort.

Government land resettlement scheme to which PAPs could be moved and the cost of the resettlement land deducted from the balance of the purchase price payable to the vendor on receipt of title to land. However, if the project-affected person so wishes and the portion of the land to be lost represents 20% or less of the total area of the landholding, cash compensation to the PAP will be considered.

Project-affected persons will be compensated for the loss of standing crops, fruit trees and livestock at market prices.


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Project-affected persons whose land is temporary taken by the works under a project will be compensated for loss of income, standing crop, livestock and for the cost of soil restoration and damaged infrastructure.

ii) Project-affected persons losing residential land and structures; The mechanism for compensation loss of residential land and/or structures will be;

the provision of replacement residential land (house site and garden) of equivalent size (floor area), but not less than a minimum of 372 sq. m.

cash compensation reflecting full replacement cost of structure(s), without depreciation – this includes total and partial loss of land.

cash compensation for the loss of income until the re-establishment of business or the relocation of business.

iii) Project Affected Person losing Cultural/Civic amenities

PAPs will also be provided compensation at full replacement cost, without depreciation for any other fixed affected in part or in total by the project, such as cemeteries, family burial plots and water tanks

In cases where community infrastructure such as roads, sewage systems or electrical supply is damaged, the project developer will ensure that these would be restored or repaired as the case may be at no cost to the community.

Common property such as woods springs and fish ponds

Entitlement Matrix for PAPs under the ICBSP


Category of Impact

Definition of Entitled Person

Entitlement

Road widening, drainage and sanitation improvements, and all off site trunk infrastructure improvements

1) Loss of land, including partial loss of gardens or yards and all related structures and fixtures such as fences and walls

Legal user of project affected lands

PAPs entitled to compensation for loss of land and fixtures such as fencing; loss of productive crops/trees.


2) Loss of residential land dwelling and all fixtures and structures.

Legal and non legal owner of affected dwelling and structure

PAPs entitled to compensation and or rehabilitation assistance at 100 percent substitution cost of the affected house and structure, in materials cash or combination of the two. This will be exempt from fees and taxes


Category of Impact

Definition of Entitled Person

Entitlement

Road widening, drainage and sanitation improvements, and all off site trunk infrastructure improvements

2) Loss of residential land dwelling and all fixtures and structures (cont)


PAPs to receive compensation and/or rehabilitation assistance at 100 percent substitution cost in host/resettlement area. Relocation within community would be preferred

3) Loss of Legal user of land with title PAPs are entitled to compensation and or


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Rented Government structures and use of land

rehabilitation assistance in cash. This will be exempt from fees and taxes.


PAPs to receive compensation and/or rehabilitation assistance at 100 percent substitution cost in host/resettlement area. Relocation within community would be preferred.

4) Business losses

Legal user of structures used for business purposes

The project-affected person will receive the placement cost of his land and structures on it. In addition; for small business establishments JSIF will assist

PAPs person in using his/her cash compensation to find alternative location in vicinity with equivalent land area to re-establish business;

compensation for loss of income during transition period.

Non legal itinerant roadside vendors.

Compensation or replacement structures and compensation for loss of business resulting from works.

Utilities losses In cases where community infrastructure such as roads, sewage systems or electrical supply is damaged, the project developer will ensure that these would be restored or repaired as the case may be at no cost to the community.

Transition assistance

All eligible PAPs to be relocated

All PAPs to be entitled to transition/relocation assistance in cash at a level to be determined according to location of host area/site

9.6 Asset ValuationAsset Valuation will be undertaken independently or by officials from the Land Valuation Division at the National Land Agency. The procedures to be followed will include consultation and dissemination of information to re-settler households on valuation and audit of assets. A full participatory and transparent process would be undertaken covering all immovable property valuation including;

i) size of living space,ii) quality of build, iii) land holdings, iv) outbuildings, v) other structures such as fencing.

Assessments will also be made of;

i) tenure arrangementsii) loss of livelihood opportunitiesiii) loss of amenity or access to basic services

Arrangements for disclosure of information and consultation with PAPs on results of audits/valuations will be undertaken.

9.7 Compensation and Rehabilitation MeasuresThe underlying principle for all compensation is that all PAPs share in the project benefits and are compensated and rehabilitated to assist them to improve, or at least maintain, their living conditions and income earning potential at pre-project levels. In


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addition to direct compensation for loss of property and livelihoods, special measures are also needed to rehabilitate those families severely affected to ensure that their living standards are improved or at least maintained at the pre-project level.

Plans for all aspects of resettlement including acquisition of land and assets and provision of compensation and rehabilitation measures will be executed in full consultation with affected persons. Compensation will therefore be applied to the following;

(i) Compensation at replacement cost for houses and other structures; Moving to the new settlement sponsored by the project will not commence until all of the infrastructure required in the host community/location has been complete. The time interval between time of payment of compensation money and actual relocation should be minimised. During the interim period, PAPs should continue to remain at their existing location. Implementation of relocation will therefore be subject to payment of compensation money and the onset of rehabilitation assistance.The resettlement transition period will be minimized and the rehabilitation means will be provided to the project-affected persons no later than one month prior to the expected start-up date of works in the respective project site.

(ii) replacement of residential land of equal size acceptable to the project-affected person; replacement residential and agricultural land will be as close as possible to the land that was lost and be acceptable to the project-affected person.

(iii) dislocation allowances and transition subsidies; All displaced families will be provided full assistance for transportation for their personal belongings, including house-building materials that they can salvage from their old houses to the new site of settlement.

(iv) full compensation for partial loss of land as a result of infrastructure or other works and full compensation for gardens crops, trees at market value, and other assets;

(v) appropriate rehabilitation measures to compensate for loss of livelihood; PAPs forced to relocate due to their house being acquired will be provided full assistance for re-establishment of their home and will be provided a dislocation allowance.

Given the nature of JSIF projects, compensation options are proposed only for residential and business establishment land by category of PAPs. Specific provisions are made for informal settlers (usually referred to as squatters).

Residential Land:

i) Owned: The PAP will received the replacement cost of land and the structures on it. In addition JSIF will provide;

an alternative house site assistance in designing the new house, if so desired by the

projected affected person; shifting allowance to cover the full cost of transporting his/her

belonging to the new site.Jamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427)

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ii) Rented: Compensation for three months rent. In addition the Acquiring agency will assist the renting occupant in finding a suitable residence.

iii) Informal Settlers: The underlying principle for compensation for informal settlers is to ensure that all the PAPs in this category share in the project benefits and are compensated and rehabilitated so that they are able to improve, or maintain their living standards and income earning capacity at pre-project levels. In addition, to direct compensation for loss of property and livelihoods, special measures will be implemented to rehabilitate those families severely affected ensure that their living standards are improved or at least maintained.

Building and land use surveys for informal settlers will determine present value of units, portability, relocation cost, of new units. The compensation arrangements are detailed as follows.

Informal Settlement, Residential:

Households who have been living on public lands illegally will receive land at a minimum size of 372sq and have their structures relocated or a new structures equal to or larger than the existing structure they occupy if the structure cannot be relocated.

Extremely poor families (those below the poverty line) will receive an indigent house and allowance to erect structure.

Informal settlers offered alternative site in Operation Pride schemes on a rental/purchase basis. In addition squatters are entitled to compensation for transportation of their structures.

Informal settlers will be required to pay for the land and the difference between the present value of the existing structure and the cost of the new structure. They will receive a removal allowance to cover the full cost of transporting household belonging to the relocation site.

Informal Settlement, Commercial: PAPs running business establishments on the property acquired and

who do not own the land but obtained it through other means such as gift or squatting will have the opportunity to obtain secure tenure through the purchase of land and structure for commercial use. They will also receive compensation of three months loss of income (sale less expenses).

iv) Common Property: All owner/users of common property resources will have continued access to resources owned or managed as common property. If land acquisition adversely affects common property, alternative arrangements will be made to ensure that benefits from common property are substituted adequately.

Business Establishments:

i) Owned : The project-affected person will receive the placement cost of his land and structures on it. In addition;


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for small business establishments JSIF will assist project-affected person in using his/her cash compensation to find alternative location in vicinity with equivalent land area to re-establish business;

compensation for loss of income during transition period.

ii) Leased : Compensation in respect of the unexpected duration of the lease at the time of acquisition of land. In addition,

assistance of lessee to find alternative location; assistance in relocation to new site.

iii) Informal business : Displaced person paid allowance towards his/her expenses in moving and provided with permanent stalls in locations away from road reservation, in areas designated for group vending that guarantee access to clients and supplies.


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Allowances and Grants and Other Support

i) Subsistence/Maintenance Allowances: In order to compensate for the wages lost at the old site and to meet the daily requirements, each project affected family will be provided with subsistence/maintenance allowances as prescribed by the project authorities per month, for a period of one year to be counted from the actual date of removal. This payment may be on a monthly basis or on a one-time basis for 12 months to be agreed with the project as required. This will be subject to the condition that the PAPs move from the area in question as per the programme framed by the project authorities.

ii) Development Programmes in Host Area: In order to assist the PAPs to regain or improve the previous standard of living, assistance with secondary employment sources in the host area will constitute a major part in all resettlement programmes.

iii) Rehabilitation cash grant: Those project affected persons who opt to take cash compensation rather than project sponsored relocation will provide the project details of this option in writing and given rehabilitation cash grants in lieu of land entitled to them. The allocation of land in part payment for the rehabilitation cash grant out of total entitlement may also be given.

iv) In order to guarantee that cash grants are used for productive purposes, rehabilitation cash money may be kept in the joint account of the beneficiary and his/her spouse. Detailed accounts of all beneficiaries receiving cash grants will be kept and the mode of rehabilitation outside of the project-sponsored procedures will be monitored to ensure the grant is not wasted.

v) The project authorities will decide the payment of this grant to be made either as a one time grant or in suitable instalments keeping the needs of the PAPs in view and their need for productive investment.

vi) Common Property: Any acquisition of, or restriction on access to resources owned or managed by PAPs as common property will be mitigated by arrangements ensuring access of those Project Affected Persons to equivalent resources on a continuing basis.

vii) Adequate Social Support. Previous levels of community services and resources will be maintained or improved. Government will work closely with non-government organizations, which have the confidence of the project-affected people, in the preparation and implementation of Rehabilitation Action Plans.

viii) Adequate Financial & Institutional Arrangements: financial and physical resources for resettlement and rehabilitation will be made available as and when required.


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Compensation Entitlements; Receiving Areas, Land and Replacement Structures

i) Land: The site relocation options for all affected structures will either be same land or an approved resettlement site.

Same land, or ‘land for land’ option: This option is for those informal settlers who will be able to rebuild their structures after the project has impacted the area as there is sufficient land available in the area on completion of the project.

Resettlement site: This option is for affected informal settlers squatters who fully displaced by the project and who do not have a land for land option available to them.

Designated commercial centres: Land will be zoned in the resettlement sites for commercial activity and businesses displaced by the project will be relocated in these sites. This will ensure the continued operation of these businesses, which will be able to offer these services to the new communities as well as those in close proximity. These designated areas will be developed with the necessary physical infrastructure and sanitary facilities and will be operated in a formal manner.

ii) Relocation Site & Housing Solutions: Informal settlers who own their own units will either have their unit relocated or be provided with a new structure, built of either pre-fabricated board or concrete of a standard floor area, which is either equal to or greater than the existing floor area of the unit which the affected person occupies. Such structures will be cohesive (all under one roof) unit with at least one bedroom, one bathroom and a kitchen. Owners of structures made of block and steel, that are of substantial size (> 170 sq. m), will be given the opportunity of having their structures replaced with the conventional block and steel type structure of a similar size.

The type of housing solutions developed are based on the following factors:

Construction material of the existing structure The floor area of existing structure The portability of the structure

The Replacement of Structures based on Materials of Construction

For practical and economic reasons the replacement structures will be constructed either of board or concrete which are standard building materials. Those structures that are made primarily of concrete and/or a combination of other materials, excluding concrete, will be replaced with total concrete structures. All existing board structures regardless of their physical condition will be replaced with a new board structure.

i) The Replacement of Structures based on Portability: The main criteria which will be used to determine whether a structure is portable (capable of being relocated) or fixed are:


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The condition material of the outer wall of the structure Presents size and condition of the structure The type of foundation

A structure is considered portable when its outer wall is made of board laid on block or stilt foundation and its condition is very good or fair. The size of the structure is also used to determine the suitability for transportation. Transportation, costs of materials and reassembly costs, including necessary materials will be met by JSIF.

ii) Replacement of Structures based on Existing Floor Area: All affected structures that are not portable and cannot be relocated will be replaced with a new structure, the size of which will depend on the existing floor area. Where households are identified as overcrowded these will be offered larger units.

9.8 Monitoring and EvaluationMonitoring and Evaluation of all PAPs will be undertaken during planning implementation and during the post project stage when resettlement has been completed. The starting point will be the preliminary socio-economic survey against which the livelihoods and welfare of each PAP will be measured. These data will be analysed and stored in a database at JSIF.

Internal monthly monitoring of activities must be undertaken. These will verify there are no outstanding land acquisition issues, verify and ensure timely delivery of funds and ensure all resettlement measures properly implemented. In addition social and economic impact of resettlement, and income restoration initiatives will be undertaken.

i) JSIF will undertake all monitoring, with the inclusion of independent monitoring where required or considered appropriate

ii) Arrangements for participatory monitoring and evaluation with re-settler households and receiving/host community will be made

iii) Ongoing monitoring progress of resettlement activities will be undertakeniv) Maximum use will be made of the consultation/liaison structures put in place

to ensure transparent procedures and ready access to grievance/redress where required.

v) Post-relocation monitoring and evaluation procedures and timeframe will be put in place using the same parameters as those employed for the preliminary socio-economic baseline survey. This would include census of family/population – detailing socio-economic characteristics, (family and settlement profiles), property inventory, production systems, standard of living pre and post project, the progress of rehabilitation measures and restoration of livelihoods.

The resulting data will be maintained within the JSIF Management Information System.


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ANNEX I

Guidelines for Frameworks


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Annex I: Consultant’s Guidelines for Environmental Assessment and Resettlement Framework

Topic Objectives Operational Principles

EnvironmentalAssessment

To help ensure the environmental and social soundness and sustainability of investment projects.

1. Screen early to define scope and scale of Environmental Assessment (EA) taking account of direct, and, as relevant, indirect, cumulative, and associated impacts.

2. Assess in EA potential impacts to physical, biological, socioeconomic and physical cultural resources from the proposed project. Assess, where appropriate, trans-boundary and global concerns and potential impacts on human health and safety.

3. Scale studies to correlate to the nature and magnitude of the potential impacts of the proposed project and its ancillary aspects.

4. Assess adequacy of the applicable legal and institutional framework.5. Assess feasible investment, technical, and citing alternatives,

including the “no action” alternative, and the costs, sustainability, and institutional and training requirements associated with them.

6. Involve stakeholders in the preparation process through early consultation, and ensure that their views and concerns are made known to decision-makers and taken into account.

7. Use independent expertise in the preparation of EA where appropriate. Use independent advisory panels during preparation and implementation of complex projects.

8. Avoid, minimize, or compensate for adverse project impacts and enhance positive impacts through environmental planning that includes the proposed mitigation measures, monitoring, institutional capacity development and training measures, an implementation schedule, and cost estimates.

9. Apply principles in this Table to subprojects, as applicable and relevant.

10. Disclose EA, before appraisal, in an accessible place and in a form and language understandable to key stakeholders.


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Topic Objectives Operational Principles

InvoluntaryResettlement

To avoid or minimize involuntary resettlement and, where this is not feasible, to assist displaced persons in restoring or improving their livelihoods and standards of living in real terms relative to pre-displacement levels.

Assess viable alternative designs to avoid, where feasible, or minimize involuntary resettlement.

Identify and address the potential economic and social impacts of the project that are caused by involuntary taking of land (e.g., relocation or loss of shelter, assets, loss of income sources) or involuntary restriction of access to legally designated parks and protected areas. Identify and address impacts also if they result from other activities that are (a) directly and significantly related to the proposed project, (b) necessary to achieve its objectives, and (c) carried out or planned to be carried out contemporaneously with the project.

Consult affected persons, host communities, and nongovernmental organizations, as appropriate, when developing the procedures for determining eligibility for compensation benefits and development assistance, and for redressing grievances.

Inform displaced persons of their rights, consult them on options, and provide them with technically and economically feasible resettlement alternatives and needed assistance, including (a) prompt compensation at full replacement cost for loss of assets attributable to the project; (b) if there is relocation, assistance during relocation, and residential housing, housing sites, or agricultural sites, as required; (c) transitional support and development assistance in addition to compensation measures; and (d) cash compensation for land when acquisition impacts are minor.

Give preference to land-based resettlement strategies for displaced persons whose livelihoods are land-based. For those without legal rights or claims, provide resettlement assistance to help improve or at least restore their livelihoods.

Prepare and disclose resettlement plans before appraisal, including documentation of the consultation process, in an accessible place and in a form and language that are understandable to key stakeholders.Apply the principles in this involuntary resettlement section of this Table, as applicable and relevant, to subprojects requiring land acquisition.Design, document, and disclose, before appraisal of projects involving involuntary restriction of access to legally designated parks and protected areas, a participatory process for: (a) preparing and implementing project components; (b) establishing eligibility criteria; (c) agreeing on mitigation measures; (d) resolving conflicts; and (e) monitoring implementation. Implement all relevant resettlement plans before project completion; provide resettlement entitlements before displacement.


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ANNEX II

JSIF Environmental Guidelines


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ANNEX II

Appendix C from JSIF Operations Manual (March, 2004)

Jamaica Social Investment Fund Environmental Guidelines

Overview

The Jamaica Social Investment Fund Environmental Guidelines are designed to ensure that the Guiding principle of Environmental Soundness of all JSIF infrastructure projects is adhered to and these guidelines form an Annex to the JSIF Operations Manual. This principle states that:

“Projects funded by JSIF must conform with the Government of Jamaica's Environmental Regulations and have minimum negative impact on the natural and cultural environment” ( JSIF Operations Manual March 2004 (Revised), Chapter 2, Guiding Principles”)

The guidelines also call for an integrated approach to project design and implementation, where the analysis of environmental issues is not an “add-on” activity, but an integral part of the technical soundness of the project. The guidelines present over-riding environmental principles and the regulations that project must adhere to as general guidelines as well as specific guidelines for the design and implementation of specific project types, according to each stage of the JSIF project cycle.

As these guidelines form part of operational procedures, they also assume the other guiding principles of community participation and consultation in the process, technical soundness, transfer of learning, sustainable development focus, poverty eradication and cost-effectiveness.

These guidelines have been developed for use by the Technical Officers involved in the design and implementation of JSIF Sub-Projects and form part of the technical analysis processes required for successful implementation of JSIF Interventions.

A. JSIF Project MenuThese guidelines apply to the full list of infrastructure project types accommodated under the JSIF Sub-project menu as detailed in Chapter 4, Box 3 of the Operations Manual, which cover the construction, rehabilitation and equipping of:

Basic schools, primary schools and all age schools Small roads in agricultural areas, bridge approaches, small bridges, foot bridges,

retaining walls, drains Urban access roads Gullies Small scale water schemes (<2000 people) Ministry of Health approved Health Centres (Types 1 and 232)

32 Type 1 and 2 Health Centres provide services but do not admit patients, persons with illnesses requiring admission are sent to regional hospitals. The services offered are as follows: Type 1 - Serves 2,000 - 4,000 people. Provides: 1. Maternal and child helath services (antenatal. postnatal, child health, immunization, nutrition monitoring and support)2. Health promotion/educatoin and community participation Type 2 - As in Type 1 plus


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Community Resource Centres Skills Training Centres and Business Incubators Facilities for Community Tourism development Play and recreation areas in inner-cities Small sports facilities Offices/meeting facilities/income generation facilities for inner-city CBOs

The Jamaica Social Investment Fund does not implement housing projects or projects that involve the relocation of individuals or communities.

Precautionary measure in project selection

All JSIF infrastructure sub-projects will comply with donor requirements environmental management for projects assigned. As such:(i) any World Bank-financed sub-projects that will result in conversion ofnatural habitats will be evaluated to ensure compliance with the World Bank'sNatural Habitats Operational Policy 4.04.(ii) for any World Bank-financed sub-projects that procure pesticides orresult in the increased use of pesticides, an appropriate Pesticides ManagementPlan will be developed, as required by the World Bank's Pest ManagementOperational Policy 4.09, which would include non-chemical measures for pestmanagement and guidelines for proper selection, application, storage, handling,transport, and disposal of pesticides.(iii) sub-projects which belong to the World Bank's environmental category 'A', according to the World Bank's Operational Policy 4.01, will be included in a 'negative list' ofsub-projects which will not be eligible for financing by the World Bank. This negative list applicable will include such sub-projects as:

Construction of any new roads. Major upgrading or realignment of roads (“major” means changing the road category,

such as from seasonal to all-weather or secondary to primary; adding new lanes; or changing road surface)

Improvement and rehabilitation of any existing roads within 5 kilometers of any protected areas or any other areas of natural forest

Dam construction, reconstruction, rehabilitation or strengthening. Irrigation works with incremental command areas exceeding 200 hectares Flood protection, sewage treatment, agricultural drainage, or other works which could

adversely affect wetlands or natural waterways, either through pollution or hydrological changes.

Use of pesticides on the World Health Organization’s Hazardous Pesticides List which are not recommended.

Aquaculture using non-native species in natural water bodies. Works which would adversely affect cultural property, including archaeological and

historical sites Activities that negatively affect natural protected areas recognized by federal, state or

municipal governments (or buffer zones thereof) Land reclamation such as drainage of wetlands or filling of water bodies to create land. Purchase or lease of land which has unclear titles

1. Health promotion and illness prevention (veterinary public health and foold, hygiene/food handlers clinics, water quality, solid liquid and excreta disposal)2. Surveillance and Disease Control (specific communicatble diseases e.g. TB and Hansens, malaria and childhood diarrhoeal disease, STDs, other communicable diseases, rheumatic fever prophylaxis)3. Curative Services (common medical conditions, STDs, acutre and chronic diseases4. Dental services (visiting)Source: Ministry of Health


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Land clearance and leveling (when affecting critical natural habitats and natural land contours, natural habitats for this purpose being those water or land areas where most of the original plant and animal species are still present).

Hazardous waste management and disposal as well as manufacture, transport and use of hazardous, and/or toxic materials (except small amounts of solvents, degreasing materials, paints, fuels, and the like used during construction).

The National Legal and Institutional context – Environmental Management in Jamaica

“The Ministry of Land and the Environment is the Ministry with the executive mandate to govern Jamaica’s natural environment. The most recent initiative of the government was recognition that urban and rural planning must be done within the context of the wider thrust of environmental management, and to this end government has established the National Environment and Planning Agency. This new agency represents an amalgamation of the Natural Resources Conservation Authority which has a statutory mandate for the conservation, protection and proper management of the natural resources of Jamaica; the Town and Country Planning Authority which has the statutory mandate to ensure the orderly planning of Jamaica and the Land Development and Utilization Commission with a statutory mandate to ensure that prime agricultural lands are kept in agricultural production in the interests of inter alia food security and self sustainability”.33

The legislation relevant to projects of the Jamaica Social Investment Fund are: The Natural Resource Conservation Authority Act The Public Health Act The Clean Air Act The National Heritage Trust Act The Town and Country Planning Act The Local Improvements act The Land Development and Utilisation Act The Water Resources Authority Act

There are also a number of policies being developed which will have application in JSIF interventions. These include: Revision of the Jamaica National Environmental Action Plan The Draft National Environmental Policy Towards a National Policy and Strategy on Environmental Management Systems The National Sustainable Development Plan

An Environmental Impact Assessment process has been put in place by NEPA with clear guidelines on implementing EIAs under the NRCA Act. The Act requires an environmental impact assessment of developments with in prescribed areas.

Under directives from the National Policy level, JSIF sub-projects will require permits under the Permit and License System as follows:

Building permission to expand buildings License to discharge trade effluent and sewage Permits for Eco-tourism projects Permits for Pipelines and conveyers Permits for Solid Waste Treatment and disposal facilities

33 ‘Jamaica’s Commitment To The Conservation And Management Of Natural Resources Ten Years in Retrospect ’; Unpublished Paper, National Environmental and Planning Agency; Kingston, Jamaica


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JSIF and Environmental Management

Environmental management within the JSIF falls under the purview of the Operations Department as part of the Project Development and Implementation process, under the Policy directions approved by the Board of Directors.

Technical Officers within the Operations Department, under the supervision of the Operations Manager and under the guidance of the Environmental Advisor are therefore responsible for ensuring the maintenance of environmental standards throughout the Project Cycle, based on these guidelines.

The Environmental Impact of JSIF projects

Positive

There are a number of positive impacts of JSIF sub-projects to physical environmental in the communities in which they are situated. In keeping with principles of sustainable development and holistic planning where the environment is defined as the physical, biological, social and economic factors of life, the projects will have the effect of:

i. Eliminating environmental safety hazards from deteriorating structuresii. Improving environmental health through water, sanitation and health infrastructureiii. The creation of temporary employment opportunities and long-term income generationiv. The provision of social services that were previously not availablev. Improved learning environments and access to education and non-formal trainingvi. Improved living conditions in poor communities

NegativeMost of the negative impacts associated with Sub-projects are likely to occur during construction and rehabilitative works on roads, buildings, drainage, water and sanitation projects and where designs are inadequate. These tend to be minor and are easily identified and mitigated and determination of these potential impact forms and integral part of the analysis of the technical feasibility of the projects. In keeping with the principles of technical and environmental soundness however, adequate technical review, through peer review and using technical advisors, must take place to ensure adequacy of designs.

Negative impacts will also occur during operation particularly with relation to disposal of solid and sewage waste, where there is improper operational and maintenance procedures in place. These issues must also be factored into the technical analysis of the projects at the design phase.

Even with adequate planning and design, there are risks of impacts during implementation where guidelines are not followed at a supervisory level. All contracts and Terms of Reference for formulators, supervisors and contractors must therefore clearly show deliverables with the relation to implementation of mandated environmental procedures. Potential impacts include:

i. Unnecessary removal of vegetation coverii. Creation of soil slippage and soil erosion conditions from excavation and

inappropriate placing of excavated matter on hillslopes


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iii. Blockage of drains from construction waste and excavated materialsiv. Water contamination during construction on all project types or during

operation of inadequate sewage facilitiesv. Excessive run-off where drainage on roads and off buildings is inadequate. vi. Inappropriate disposal of solid wastevii. Interruption of vehicular and pedestrian traffic flow or access to amenities.

General Guidelines for Infrastructure Projects

I. Project Design

1. The project must be designed to minimize tree taking and damaging. When the project will result in clearing of land or cutting trees, at least the same number of trees must be replanted on or near the facility.

2. Site Selection

The land on which a building is to be located must comply with the zoning requirements of the National Environmental Planning Agency and relevant planning legislation. It must also be well drained, aesthetically landscaped and secure, especially if very small children are involved. All relevant permits and no objections from relevant agencies must be obtained.

(i) In rehabilitation projects, when an existing building does not comply with the guideline above. Rehabilitation must, whenever possible include drainage, security and landscape of the area as well as the building itself and testing for hazardous materials such as asbestos and lead;

(ii) In rehabilitation projects, when an existing building is located on unsuitable land, the JSIF shall not approve the project. The following are considered to be unsuitable lands:

(a) land resulted from fill up with any refuse matter that is contaminated by human or animal excreta or any other hazardous material;

(b) wetlands and flood plains; (c) Protected Areas where approval has not been obtained(d) steep (more than 30% declivity) and unstable slopes susceptible

to slippage.

3. Any road rehabilitation project must comply with the minimum technical standards of the relevant Parish authority to which the road will be handed over to and required no objections obtained.

4. In rehabilitation/expansion or construction projects the technical and financial feasibility of using traditional architecture and simple technologies and materials must be assessed, and simple, traditional style and materials adopted when suitable. A comparative assessment of environmentally friendly materials and techniques should also be adopted where suitable, based on comparisons of techniques and long-term cost-benefit analysis. This applies to any building, road, water and sanitation project.

5. All buildings should be well designed to provide security and at the same time to be attractive and well ventilated and make best use of natural lighting.


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6. Adequate space and facilities for recreation inside and outside of a school must be designed accordingly and whenever possible, budget for its construction must be ensured in the project.

7. Sanitary SystemsAppropriate sanitation systems must be designed and installed; proper disposal systems must be functioning: it must also be determined if there is a need to provide training in environmental awareness to users34.

(i) Sanitary facilities must be suitable to the local and ground conditions.

(ii) Sanitary facilities must be provided in sufficient number(iii) In order to avoid surface water contamination, when public facilities for

sewage treatment are not provided, effluent should not be discharged into surface waters without adequate treatment: to avoid ground water contamination, effluent must be treated in a septic tank (minimum efficiency of 70% reduction of BOD); the absorption tank is not efficient in preventing groundwater contamination.

(iv) The site where the sanitary facility is to be installed must have a low water table.

(v) If sanitary facilities use alternative technologies such as Ventilated Improved Pits (VIP) latrines and others, it must be located at least 15 meters from existing buildings and houses, in the opposite direction of the prevailing winds, to prevent odours and undesirable impacts.

(vi) When an external latrine vent pipe exists, it must be located at the sunny side of the latrine and painted black, to produce an updraft, due to the heating of the air inside the vent: an external cover at the top of the vent pipe will prevent flies and mosquitoes from coming out the vent and therefore will reduce the risk of contamination.

(vii) All required approval and permits must be obtained and the relevant agencies (NWC, NEPA etc) informed and involved in the development of the project

8. Adequate water supply must be provided:

(i) Adequate structures for water storage must be provided.

(ii) Rainwater can be collected, stored and used for sanitary facilities.

(iii) The storage structure must be located (about 25 meters) from, the absorption tank, septic tank or other similar facility, and upstream the direction of the water table flow35.

9. Hazard Mitigation

34 Awareness by users of sanitary systems is required whenever new systems are installed which are different from the ones they are used to. This is particularly needed when flushing toilets are introduced to new users. In many cases it has been reported that flush toilets were used to grow plants because new users did not get accustomed to using them.

35 If the storage facility is underground it can be contaminated by groundwater contaminated with effluent or by effluent directly, in case an absorption tank is located nearby.


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(i) Fire Control: Safety precautions against fire must be assessed, implemented, documented and functional at all times and water supply for fire hoses must be secured. Note that:

(a) Evacuation and fire extinguishing procedures must be approved by the fire department or a similar institution

(b) Fire disaster preparedness should be addressed in organisational strengthening exercises and in maintenance training

(ii) Natural disaster mitigation: The design of all infrastructure projects must accommodate the potential occurrence of a natural disaster and as such include the necessary mitigation measures to ensure minimum damage from disaster events. This includes but not exclusive to:

(a) Earthquake mitigation: Designs must uphold the minimum building standards recommended for Jamaica as indicated by the Building Code.

(b) Storm mitigation: This includes heavy rain, storm surges, tropical storms, hurricanes mitigation measures for strong winds and high levels of precipitation and runoff. Road and building designs must therefore have adequate drainage measures and buildings and other structures must maintain the minimum standards under the Building Code for wind resistance.

(iii) Safety: Care must be taken to ensure that designs promote a safe work site and safe operation of the facility. The following must be considered:

(a) Materials: No toxic paints or construction materials (e.g., lead-based paints, amianthus, asbestos) may be used within the buildings or on water supply projects

(b) Site Safety: Designs must factor in terrain and other potential areas of danger that my lead to an unsafe work site. Where there is potential for danger on a site, cautions and recommendations for safe implementation must be outlined.

II. Construction

10. Dust and noise during construction works should be minimised:

(i) In residential areas, if works are conducted in the dry season, the contractor must water the exposed area and construction materials either stored or transported must be covered to avoid particulate matter to be blown by the wind

(ii) Communities must be given adequate notice of intended construction and potential for dust and blockage of access to roads or community facilities during construction

(iii) When sand is used to fill in land or to level a site it must be capped with clay turf, whenever possible. If this solution is not viable, spraying the area with water can minimize dust blown by the wind.

(iv) Construction work must be limited to daylight hours, from approximately 6:00 am to 8:00 pm, or according to local or specific regulations.


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(v) Blasting to break up rocks will be conducted during daylight and residents will be advised when blasting will occur. The local regulatory authority should certify the person conducting this activity.

11. Adequate measures for preventing siltation of watercourses by run-off must be implemented, such as silt screens and straw devices, among others.

12. Safety measures must be taken to prevent accidents involving workers and members of the community.

13. Clearing of trees and other vegetation must be minimal

14. All waste must be disposed of in environmentally sound ways and at dumpsites approved by the relevant Parks and Markets Authority.

15. All sewage disposal facilities are required to be adequate and fully functional and the end of construction

16. Penalties are to be instituted for breach of guidelines mandated by JSIF

III. Operation and Maintenance

13. Sanitary Facilities:

(i) Environmental awareness and maintenance training to users will be provided on all sanitation projects.

(ii) Latrine pits, absorption tanks or septic tanks must be cleaned regularly, according to JSIF's Operation and Maintenance Manual for infrastructure project. Where technologies such as biodigesters or composting toilets are being used, specific training must take place to ensure ongoing functioning of these systems.

14. Solid Waste Management: (i) Solid waste will be collected and disposed of in an appropriate manner and on a

regular basis, according to the JSIF's Operation and Maintenance Manual for infrastructure projects.

(ii) Wastes must be stored in a covered garbage storage unit, designed in accordance to current NEPA guidelines and protected from the access by animals.

(iii) When appropriate landfill is not provided by the local government or the sponsor community, the JSIF will develop a waste management manual provide the sponsor community with (which will become part of the Operation and Maintenance Manual). This manual will include self-sustained waste management plans that includes alternative solutions for adequate disposal of organic wastes and garbage, and potential uses for recycled materials, waste collection campaigns and other environmental awareness activities to be developed with the students and the community36.

36 Burning or, covering with earth are common practice for waste disposal in rural areas. The appropriate alternative will be provided in the JSIF Operation & Maintenance Manual.


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15. Buildings and other physical structures: (i) Maintenance training must be done with users to ensure care of the structure and

avoidance of physical danger due to deterioration or lack of maintenance, particularly in the case of schools, community centres, water supplies and small bridges.

Specific Guidelines by Project Sub-type

All Project Sub-types assume the General Guidelines in addition to the type-specific guidelines listed below and the procedure required during each stage of the Project Cycle as outlined in Section 4.0.

1. Roads

Design Phase

1. Roads must be designed and constructed so that they do not impede the free flow of intervening water ways:

(i) At design phase, the grade of road must be established above the level of the existing drains

(ii) In case the existing road crosses a waterway, the design for rehabilitation must include culverts to allow the free flow of water. Size of culverts must be designed to accommodate a 30-year storm event.

2. Capped and uncapped roads must be designed and constructed so that water does not stand over long periods either on the road (in surface depressions) or at the sides or base.

(i) In case the size of the existing drains are not sufficient to ensure free water flow of a 30 year storm event, their enlargement must be included in the rehabilitation design;

(ii) If existing drains are blocked by vegetation or silt, clearing must be included in the rehabilitation project.

3. Bridges design must include re-vegetation of shoulders using native vegetation to reduce erosion.

4. The shoulder declivity must be designed according to the soil characteristics.


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Construction Phase

5. Construction works must comply with the JSIF's General Environmental Guidelines and implemented using JSIF's Environmental Handbook for Construction Supervision and monitoring and must ensure the following:

(i) Defined grades must be correctly set in place

(ii) No depressions must be left in the surface of the road

(iii) Drains must be unblocked and correctly sized, as in the project design.

6. Erosion control measures must be implemented accordingly to project design:

(i) Exposed road shoulders must be vegetated early with native species, appropriate to the site to reduce the impact of raindrop erosion

(ii) Erosion (silt/sediment) barriers must be in place and functional throughout construction.

7. There must be a satisfactory system of regular collection and disposal of waste and garbage; during construction works the contractor must ensure that:

(i) Materials are stored in such a way that will not be carried by rains and/or run-off waters into the drains

(ii) Garbage and construction wastes are collected and disposed in appropriate sites in a way that ensure that they will not be carried into the drains or discharged into wetlands or in sensitive vegetation communities;

(iii) Measures are implemented to avoid spills of lubricants, fuels and other chemicals, and in the event of an accidental spill, clean up is clone immediately

(iv) After construction works are concluded the contractor must clear the area from all equipment, machines and wastes (liquids or solid)

(v) Whenever the sponsoring community does not provide an adequatesite for waste disposal, the contractor shall follow the guidelines JSIF' will develop for waste disposal

Operation and Maintenance

8. Operations and Maintenance should follow JSIF's Operational and Maintenance Manual for Infrastructure Projects. Particular attention needs to be paid to:

i. Erosion controlii. Drainageiii. Clearing and mitigating against land-slippage (within the capabilities of

the community e.g. minor retaining walls, major works are the responsibility of the relevant authority.


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2. Infirmaries, Health Centres and Similar Facilities

Project Design

1. Ministry of Health Standards for Design of Type 1 and 2 Health Centres must be applied to all JSIF Health Centre projects

2. Optimum sanitation must be maintained at all times. Cleanliness of utensils and equipment is paramount:

(i) Water supply facilities must include running water. When public water supply is not available on site, the project must consider, whenever technical and economically feasible, drilling a well or other alternative to provide potable water to the centre, including storage of rain water and roof drain water.

(ii) When public water supply is not available and no other alternative is technically and economically feasible, the JSIF must consider not financing the project.

(iii) Medical wastes must be disposed though approved Ministry of Health facilities or techniques.

Construction Phase

3. Construction works must comply with the JSIF's General Environmental Guidelines and implemented using JSIF's Environmental Handbook for Construction Supervision and Monitoring.



i. Maintenance of ventilation i.e. functioning secure windowsii. Pest control – particularly in bathrooms and kitchen/dining areasiii. Landscaping – ensuring safe, aesthetically pleasing surroundingsiv. Disaster preparedness – for hurricanes, flooding and firev. Waste disposal – safe disposal of medical and other wastes

3. Sanitary Facilities (latrines)

Site Selection and Project Design

1. Pit 1atrines should be avoided due to (i) odour and insect (flies and mosquitoes) problems; (ii) risks of contamination by pathogens (virus, protozoa and helminths) transmitted by excreta; (iii) risk of small children falling into pits; (iv) where the water table is high

2. Pit latrines with adequately designed septic tanks and absorption pits are recommended when there is (i) inadequate water supply to support water closets (ii) where soil absorption rates ensure proper and safe diffusion of waste water (ii) where there is no potential for contamination of ground water supplies.


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3. Other alternative sanitation technologies, such as ventilated improved latrines (VIP latrines), should be considered appropriate only when flushing toilets are not technically and economically feasible.

4. The sanitary facility must be installed in a site that (i) has a low water table (ii) is located down stream any water body source: (iii) is located at least 100 meters form any water body.

Construction Phase

5. Construction works must comply with the JSIF's General Environmental Guidelines and JSIF's Environmental Handbook for Construction Supervision and monitoring.


6. Operation & maintenance must comply with the General guidelines presented as well as with JSIF's Manual for Operation and Maintenance of Infrastructure Projects.

4. Sanitary Facilities (community showers)

Site selection and project design

1. Before the sanitary facility is designed it must be ensured that the site where it is to be installed is located downstream any water body source.

2. Community showers must be located at least 15 meters from existing buildings and houses.

3. The community shower must be installed inside a well-ventilated and well-drained super structure.

4. The area surrounding the superstructure must be adequately landscaped, secure and well drained.

5. The size and number of showers must comply with JSIF's design guidelines

Construction Phase

6. Construction works must comply with the JSIF's General Environmental Guidelines and JSIF's Environmental Handbook for Construction supervision and Monitoring.



a. Maintenance of plumbing and water supplyb. Cleanliness of facilityc. Maintenance of security measures


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5. Drainage

Project Design

1. Project design must follow the general guidelines as well as the specified procedures outlines for appraisal of projects in Section 4.0.

Construction Phase

2. Construction works must comply with the JSIF's General Environmental Guidelines and JSIF's Environmental Handbook for Construction Supervision and Monitoring.

3. Vegetation and silt materials recovered from dredging must be securely, disposed, in order to avoid being brought back to canals and drains, by runoff and rains.

4. During dredging, unauthorised persons must be prevented from approaching working areas by the installation of protecting devices, in order to avoid or minimise risks of accidents involving the community.

6. Water Projects

1. It must be verified that requirements for protecting the water source from contamination are adopted.

2. The delivery of safe potable water must be ensured: materials used in the pipeline must ensure that no leaks will threaten the delivery of safe potable water.

a. Site selection and protect design

3. Crater source must be located upstream any possible source of crater pollution and protected from contamination by a superstructure.

4. Project Application must require physical and bacteriological analysis of the water from the water source, which is intended to be used.

5. In case the water is not adequate for human consumption, the JSIF must consider not financing the project.

b. Construction phase

Excavation works must be made whenever possible during the dry season, to avoid erosion and siltation of drainage canals or other water bodies in the area.

7. During construction works, unauthorised persons must be prevented from approaching working areas by the installation of protecting devices, in order to avoid or minimize risks of accidents involving the community.

c. Operation and Maintenance

9. All infra and superstructure must be permanently maintained in adequate operating conditions.


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9. Water source and water pipes must be continuously monitored to ensure that no contamination has occurred.

7. Agro-processing Facilities

1. Waste products must not be deposited in watercourses, wetlands or in sensitive vegetation communities.

2. Waste Crater and processing effluent must be treated to reduce contaminants and not be discharged directly to water bodies, wetlands, or in sensitive vegetation communities.

Environmental monitoring and the JSIF Project Cycle

Addressing environmental issues will form an integral part of the technical analysis of every JSIF infrastructure project throughout the project cycle. The following is a breakdown of the environmental review inputs in the project cycle, and the relevant environmental appraisal procedures.

Figure 1: Diagram of Environmental Inputs in the JSIF Community Project Cycle


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2. Screening applications2.1 Preliminary2.2 Poverty Status? 2.3 Community Planned Priority?2.4 Other funding sources?2.5 Screening Committee decision

4. Project ConceptDevelopmentField visit (to include environmental screening as part of technical analysis/Project concept Brief

3. Registration or rejection

5. Project design and reviewInput into Project Design Documents

ER, EA or EIA conducted & mitigation measures identified based on results of 4. Included in Design consultants TOR

6. Project ApprovalBoard Submission document

Environmental mitigation considered

7.Project implementationContracting:Environmental mitigation incorporated in contracts

Supervision:Monitoring of and reporting on mitigation plans

8. Project Completion

Supervision:Monitoring of and reporting on

mitigation plans

9. Post-Project Activities Evaluation and support for sustained use, operations and maintenance

Post-project technical evaluation

1. Generating applications1.1 Active promotion to Quartile 4 (& equivalent)

Project Concept Development

During the project concept development field visit, project officers are to determine the type of environmental appraisal necessary for each project. This determination is to be done using the generalized screening environmental checklist (Annex 1) as part of the technical evaluation of the project. The checklist indicates which one of four possible environmental approaches is to be taken for each project. These possible approaches are:

No further environmental appraisal. An Environmental Review (ER). An Environmental Assessment (EA). An Environmental Impact Assessment (EIA).

The chosen approach for each project will then be undertaken during the appraisal of the project. The decision on an approach at the screening level will be guided by:

The proximity to and potential impact on a natural habitat (particularly that of animals of importance) a Protected Area or water course

Determination of the height of the water table for potential effect on all types of construction and on design and operation of sewage systems.

Potential for increased run-off, soil erosion, stream siltation and excessive dust at various stages of the project

General analysis of the terrain including slope-angle, rock and soil type and slope stability, vegetation cover

General analysis of localized climatic conditions Available methods of solid and liquid waste Vulnerability of the site to natural disasters

Project DesignEach of the possible environmental appraisal procedures is described below.

An Environmental Review (ER)

This is a basic environmental assessment, to be conducted using a generic review form applicable to all types of projects requiring an ER, this can be done during the project concept development field visit. The completed form will indicate the possible negative environmental impacts of the project, and will prescribe the necessary mitigation measures to be employed. Field officers are to develop the appropriate mitigation measures with the help of the generalized list of mitigation measures provided on returning to the office. All completed ER forms with their proposed mitigation measures are to be reviewed and approved by the Environmental Advisor and place on the project file. An ER is not meant to be a lengthy or time-consuming process, and is to be integrated into social and technical appraisal procedures.

An Environmental Assessment (EA)

This is a more detailed environmental review, and takes the format of a semi-structured report. The EA is project type-specific, and is to be conducted using the EA form. The completed report gives a very brief overview of the project and describes the physical, biological and socio-economic environments related to the project. The EA form itemizes the activities associated with the project, their possible impacts and their appropriate mitigation measures. The information needed to formulate the necessary mitigation measure is to be obtained from the corresponding action-impact-mitigation form. All completed EA forms with their proposed mitigation measures are to be reviewed and approved by the Environmental Advisor. A field visit is required for an EA, and the completion of an EA form requires special time allocation. Information outputs from the EA are to be provided to the Design Consultant for reference, as an appendix to the Terms of Reference.


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An Environmental Impact Assessment (EIA)

This is a detailed and comprehensive process that usually requires the efforts of a multi-disciplinary team for an explicit analysis. As such, the conducting of an EIA will require the contracting of consultants under a specific Terms of Reference (Annex X – TOR outline). The output of an EIA is to be a document that specifies all the possible environmental implications of the project, and provides detailed mitigation measures. The mitigation measure recommended are to form part of the scope of work of the Design consultants Terms of Reference and a copy of the EIA report will be provided to the Design consultant for reference.

Approval

Approval of a project by the Board of Directors should only take place when the environmental appraisal process is complete. The members of the Board should have available to them all information and options required for them to approve a project.

Contracting

In order to maintain the integrity of the environmental considerations given prior to contracting, the proposed mitigation measures should be provided by the technical officer and included within clauses of the contracting documents of the supervisors and contractors. Also to be included within the contracting document are penalties for non-compliance to mitigation measures by contractors and/or supervising consultants. As the mitigation measures for each project will vary, the wording within contracts will be specific to each project, and are to be developed by the Environmental Advisor with the aid of the legal advisor.

Supervision

During the implementation stage of the project JSIF officers are to consider the environmental mitigation measures prescribed during appraisal and contracting and monitor the supervisor’s adherence ensuring implementation of these measures. Project specific checklists (provided in the JSIF Environmental Handbook for Supervision and Monitoring of Construction) that outline the mitigation measures are to be used by the officers to monitor and ensure that the prescribed mitigation measures are being enforced.

Evaluation

In order to assess the effectiveness of the overall environmental approach of the project cycle, post project evaluation also needs to be conducted. Projects that have undergone ER and EA can be selected at random, and evaluated by a site inspection using a checklist of the environmental objectives of the project. A site visit and evaluation are required for all projects that have undergone an EIA.


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Annexes

These Checklists which are integrated into the general technical evaluation checklists used by Officers and form part of the Field Officers Hand-book and form part of the general Annexes to the operations manual

Sources:

1. ‘Jamaica’s Commitment To The Conservation And Management Of Natural Resources Ten Years in Retrospect ’; Unpublished Paper, National Environmental and Planning Agency; Kingston, Jamaica

2. ‘Jamaica Social Investment Fund Screening Criteria and Preliminary Impact Assessment, Environmental Consultancy Final Report and Manual’; Peter Reeson, September 1998.


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ANNEX III

Communication Strategy


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ANNEX III

COMMUNICATIONS STRATEGY

BACKGROUND

As part of its poverty alleviation strategy the Government of Jamaica established the Jamaica Social Investment Fund (JSIF) in 1996. The organisation was mandated to address the needs of the country’s poorest communities.

While it executes its mandate the organisation faces the challenge of communicating with its numerous and diverse publics. Depending on the occasion, the event or the project, JSIF’s target audience can vary from individuals in the country’s poorest communities to executives at an international funding agency.

As a result, the organisation needs a multi-faceted communications strategy to reach its stakeholders as well as the external public. This strategy should be designed to meet the following objectives:

Increase JSIF’s visibility in the local print, electronic and online media

Increase public awareness about the work being carried out by JSIF and highlight the organisation’s contribution to the eradication of poverty

Illustrate the impact of the organisation’s work on the communities which it serves

Keep Funding Agencies, Government Ministries and other critical organisation abreast of JSIF’s work and informed of any developments which may affect the Fund’s interfacing with them

Generate interest from the Private Sector, NGOs and other organisations in JSIF’s work with a view to forming partnerships

Increase awareness among potential sponsor groups about the types of projects which JSIF will fund

Encourage ownership on the part of JSIF’s beneficiaries particularly in regards to social and economic infrastructure with a view to promoting maintenance and sustainability

Generate at least 10 media exposures for JSIF on a monthly basis

Engender support and good will from the general public for JSIF’s work


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Strategies

To achieve the stated objectives, the following strategies should be employed:

Timely release of news articles on projects, contracts and ceremonies

Utilisation of milestones and achievements to generate maximum publicity

Capitalising on special events, eg. project launches, tours by high level international delegations etc, to highlight JSIF’s work.

Selective targeting of special areas of the media as they relate to particular projects, initiatives etc.

Quick responses to request from the media for information on projects or any other aspects of the organisation’s work

Greater emphasis on media attendance at in-house contract signing events which are in close proximity to most media houses as opposed to rural events which often don’t enjoy a high level of coverage if they are far from regional locations of the media’s offices

Meetings with media managers and editors to discuss specialised projects tailored to their publications or programmes.

Target Groups

The stated strategies will be employed to target particularly groups, more specifically:

Community Based Organisations Partner Organisations Funding Agencies Private Sector Entities Non-Governmental Organisations Government Ministries and Agencies Members of Parliament Councilors The Media The General Public


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UTILISATION OF MEDIA

Coverage

One of the primary functions of the Communications Officer/Staff should be to ensure that the organisation receives good media coverage for its events and activities. To ensure this the Communications Officer should:

Aggressively seek full media coverage for all events in the Corporate Area and major urban centres in the rural parishes where the larger media houses have news bureaus or correspondents.

Place emphasis on generating media coverage for in-house contract signings which are likely to have more media in attendance because of proximity

Directly target parish correspondents and regional media offices for events in rural areas.

Issue news releases on any events or projects which have not attracted coverage.

RADIO AND TELEVISION

The Communications Officer and any supporting staff must ensure that JSIF has a sustained presence on local radio and television stations by providing news worthy information to media houses on a regular basis. The provision of news and current information should be enhanced by regular interviews with relevant spokespersons on radio and television programmes which attract a wide audience.

In addition, the Jamaica Information Service (JIS) which has broadcast time on most if not all radio and television stations and which also has a network of regional news reporters, should be provided with schedules of sponsor and/or contract signing and handing over ceremonies to ensure coverage and widespread broadcasting.

PRINT MEDIA

The print media is critical to any effort to maintain JSIF’s visibility but has the additional benefit of providing a means by which the organisation can ensure that there is archival material about its impact and activities. Information should be provided for the local newspapers in a manner which ensures that news and current affairs articles, features and photographs about JSIF’s work appear in these publications on a regular basis.

This means that the Communications Officer and other relevant staff must keep the print media abreast of the Organisation’s current and upcoming activities.


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Also, the diversity of JSIF’s interventions lends itself to the Organisation providing news worthy information for several specialised sections of the local papers. For eg: the Western Observer and the Gleaner’s Cornwall Edition can be targeted to publicise projects and initiatives aimed at citizens in the Western part of the island. The Observer’s All Woman magazine and its Gleaner counterpart The Flair are ideal vehicles for news and information on projects which are aimed at female beneficiaries. Also the Education Observer can be targeted for school projects.

Regular photographs in the print media is also essential for maintaining visibility. Photos of ceremonies, projects in progress, tours and visits from overseas delegations, completed projects and in-house contract signings should be captioned and sent to newspapers on a regular basis.

OUTSIDE BROADCASTS

An outside broadcast on a popular radio programme presents a good opportunity for different aspects of JSIF and its work to be highlighted. JSIF can utilise this vehicle, perhaps on an annual basis.

Ideally an outside broadcast should be tied to a specific event e.g. the handing over ceremony for a particularly large project, an expo or the official launch of a new programme. JSIF personnel versed in different aspects of the organisation can be interviewed, giving the listening public a deeper insight into the organisation. Beneficiaries associated with the particular project can also be interviewed about their involvement and the benefits to their community.

PROVISION OF INFORMATION

On occasion, journalists and other media personnel will request information from the Communications Officer on JSIF’s work, projects, investments etc. It is important that these requests be dealt with in a timely manner.

The Communications Officer should consult with the relevant manager or officer to obtain this information and it should be approved by at least one manager before it is dispensed to the media. INTERNAL AND EXTERNAL COMMUNICATION VEHICLES

WEBSITE

The website should be the first point of call for anyone seeking information about JSIF and its activities. Information posted on the website should include:

Schedules of events

Reports and Papers issued/published/presented


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Statistical information

Project information

Advertised bids

News releases issued

Historical information on JSIF

EXTERNAL NEWSLETTER

An external newsletter should be published on a bi-annual basis or at an interval to be decided upon depending on the availability of financial and human resources. The publication should be used as a vehicle to communicate with the Organisation’s external publics including:

Existing and Potential Sponsors Community Based Organisations Partner Organisations Funding Agencies Non-Governmental Organisations Government Ministries and Agencies

The material selected for inclusion in this publication should aim to:

Highlight the organisation’s contribution to the eradication of poverty

Publicise the achievements and accomplishments of JSIF

Illustrate the impact of the organisation’s work on the communities which it serves

Highlight the contribution of the benefiting communities

Show the faces and tell the stories of JSIF’s beneficiaries

INTERNAL NEWSLETTER

The newsletter should be published at a regular interval to be decided depending on human and financial resources available. It should be a vehicle for:

Communicating internal information to staff members and JSIF’s closest partners.

Highlighting the organisation’s achievements Boosting moral and building team spirit Keeping staff up to date on the business of the organisation


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CRISIS MANAGEMENT AND DAMAGE CONTROL

In the event of crisis or negative publicity JSIF must be prepared to provide information in a forthright and timely manner. In doing so, however every effort must be made to ensure that the organisation’s positive image is maintained.

In situations where it is possible that a crisis may develop, e.g. if there is work stoppage on a project due to conflicts within communities or if the organisation is unable to meet a financial commitment in a timely manner, the Communications Officer and the highest level of management should prepare a “standby statement” ahead of time. In this way, if the information emerges in the media, the organisation is prepared to answer.

In instances where a crisis emerges suddenly, the organisation’s management and/or Board of Directors along with the Communications Officer must decide on the best line of communication and the best spokesperson/s to carry the message.

It is critical that in times of crisis the organisation speaks with one voice and therefore, anyone engaging the media be it through the provision of information to journalists or participating in interviews, must be well versed with the organisation’s position on the issue or event in question.


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ANNEX IVProject Reporting Format

(Microsoft Excel Spreadsheet File)


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ANNEX IV - Project Reporting FormatJAMAICA SOCIAL INVESTMENT FUNDENVIRONMENTAL SCREENING AND SUPERVISION OF PROJECTS UNDER IMPLEMENTATION

STATUS

Number Project Name Location Project Type Completed Under Constr.

Other Brief Description of the Environment Compliant

Non-compl. Other comments

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15


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ANNEX IV - Project Reporting FormatJAMAICA SOCIAL INVESTMENT FUNDENVIRONMENTAL SCREENING AND SUPERVISION OF PROJECTS UNDER IMPLEMENTATION

STATUS

Number Project Name Location Project Type Completed Under Constr.

Other Brief Description of the Environment Compliant

Non-compl. Other comments

16

17

18

19

20

21

22

23

24


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STATUSNumber Project Name Location Project Type Completed Under

Constr.Other Brief Description of the

EnvironmentCompliant Non-compl. Other comments

25 Salisbury Plain Basic School Rehabilitation

St Catherine

Social Infra. * Non degraded sustainable condition

*

26 Sawyers Basic School Trelawny Social Infra. * Non degraded sustainable condition

*

Fence & equip.

27 Servite Primary School St. Ann Social Infra. * Non degraded sustainable condition

*

28 Spring Garden Primary & Infant School

Trelawny Social Infra. * Non degraded sustainable condition

*

29 St. Margeret's Human Resource Centre

St. Andrew


*

30 Stettin Methodist Basic School Trelawny Social Infra. * Construction activity with fairly good

*

management31 Tivoli Gardens Hardcourt

ConstructionKingston Social Infra. * Non degraded sustainable

condition*

32 Tivoli Gardens Railway Oval Billboard Erection

Kingston Economic Infra.

* Non degraded sustainable condition

*

33 Watson Town Basic School St. James Social Infra. * Non degraded sustainable condition

*

34 Wheeler's Mount Basic Scholl St. Catherine


*

35 Wilson's Run Basic Trelawny Social Infra. * slightly degraded sustainable condition

* Entry road erosion

36 Wire Fence Basic Trelawny Social Infra. * Non degraded sustainable * Landslip hazard


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STATUSNumber Project Name Location Project Type Completed Under

Constr.Other Brief Description of the

EnvironmentCompliant Non-compl. Other comments

condition potential

37 Zion Mount Basic School Hanover Social Infra. * Non degraded sustainable condition

* Landscaping needed. Dustcould be a nuisance.


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ANNEX VGeneric Environmental Monitoring Programme to

Cover the JICBSP


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ANNEX V

1.0 INTRODUCTION

Project description, administrative relationships and project history.

2.0 MONITORING PLAN

This impact monitoring programme will be submitted to NEPA for their approval.

2.1 INITIAL PROJECT TEAM CONSULTATIONS

Prior to commencement of the project, a meeting should be convened between the project proponent and the Environmental Consultant.

2.2 MONITORING FREQUENCY AND REPORTING

The monitoring period is recommended for the duration of the project implementation. Reports will be submitted to NEPA on a monthly basis or as required by NEPA.

2.3 CONSTRUCTION PHASE MONITORING TASKS

2.3.1 Materials Sourcing and Transport:

Objectives: (i) To ensure that project construction works do not induce indirect environmental impacts due to illegal quarry operations.

(ii) To ensure that transport of earth materials does not cause undue spillage or dusting.

Tasks: (i) Through Contractor, examine quarry licenses to verify that earth materials are supplied from approved quarries.

(ii) Confirm that embankments are stepped, contoured and shaped as quarrying proceeds.

(iii) Ensure that borrow areas are not sited on flat lands subject to water stagnation.

(iv) Confirm that aggregate pads are provided at quarry exits to prevent tracking of material on to the existing highways.

(v) Confirm that material in trucks is covered with tarpaulin and that tailgates are closed during transport.


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2.3.2 General Construction Works:

Objective: (i) To maintain sites in a tidy manner with adequate sewage and refuse disposal facilities.

(ii) To ensure that the general construction site works do not generate fugitive dusts that exceed air quality standards for respirable particulates or create other environmental problems.

Tasks: (i) Inspect construction sites to verify provision and use of garbage receptacles and VIP or chemical toilets for worker use.

(ii) Inspect equipment maintenance yard and ensure that marl base laid to absorb spilled oil and lubricants.

(iii) Inspect fuel storage and re-fueling facilities to ensure petrochemicals are properly stored and that spills are properly contained and cleaned up.

(iv) Inspect site to ensure that fine construction materials are stored and covered/contained.

(v) Inspect site and verify that dusting is adequately controlled by wetting. To inspect the operations of the asphalt plant to ensure dust discharge is kept at a minimum.

(vi) Inspect site to ensure that cooking fires are not being made under trees and that, if necessary, shaded cooking areas are provided.

(vii) Measure noise levels ensuring levels conform to the recommended construction equipment noise guidelines. Measure respirable particulates on monthly, and as the need arises.

(viii) To assess the provision of necessary traffic regulators to ensure smooth flow of traffic.

(ix) Ensure that any fuel storage is in a bermed area with 120 percent spill capacity.

2.3.3 Solid Waste Management

Objective: (i) To ensure that solid waste generated at the sites during the construction phase are disposed of in an environmentally acceptable manner.

Tasks: (i) Verify use of identified disposal site by contractor to ensure that it is an approved municipal dumpsite.

(ii) Ensure that disposal is to the satisfaction of the National Solid Waste Management Authority

(iii) Inspect sites to ensure that construction wastes/garbage are not being scattered over the site or deposited on the beach, or in the sea.

(iv) Inspect site to ensure provision of adequate numbers of garbage receptacles.

2.3.4 Liquid Waste and Sewage Disposal


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Objective: (i) To ensure that untreated sewage is not disposed of in the terrestrial, coastal or marine environments.

Tasks: (i) Ensure that an adequate number of portable toilets are appropriately distributed across the construction site.

(ii) Ensure that there is no discharge of oil, oily waste, trade or sewage effluent, chemicals, solid waste, poisonous, noxious or polluting substances on or into the ground without a licence.

(iii) Ensure that the sewage treatment and disposal system is implemented based on the approved design, and that a licence is received prior to construction.

2.3.5 Vending:

Objective: (i) To prevent unsightly proliferation of vendor stalls and litter at the project sites.

Tasks: (i) Inspect designated vendors’ area to be established at construction sites to confirm tidiness and provision of garbage receptacles.

2.3.6 Coastal Water

Objective: (i) To ensure that vegetation clearance, stripping surfaces, stockpiling of earth materials, and general construction works, do not release earth materials into the coastal environment. Ensure all necessary measures are taken to prevent refuse (solid waste) and wastewater produced in construction camps from entering into drains or being released to the sea.

Tasks: (i) Measure turbidity, oil and grease levels in the nearby coastal waters; construction phase.

2.3.7 Vegetation Protection

Objective: (i) To ensure that vegetation is not removed unnecessarily.


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Activity: (i) Inspect site on monthly basis to ensure that work site areas do not extend beyond required space.

(ii) Ensure that no non-native and potentially invasive plants are used for landscaping.

(iii) Confirm that clearance of topsoil and vegetation is not extended beyond boundaries and that clearance occurs immediately prior to embankment work.

2.3.8 Drainage and Soil Erosion:

Objective: (i) To ensure that flood control and site drainage and siltation control systems perform as designed and that they do not induce coastal water pollution or turbidity.

Tasks: (i) Ensure that soil erosion mitigation measures are implemented as approved in the Drainage Plan to be

submitted to the NWA for approval.

2.3.9 Noise

Objective: (i) Ensure that noise levels do not exceed 70dB at 50 m from the property boundary.

(ii) To ensure the safety and welfare of workers on the site.

Tasks: (i) To measure the noise levels at 50 m from the property boundary. (ii) Ensure that relevant workers are supplied with hearing protection devices.

2.3.10 Air Quality:

Objective (i) To control levels of fugitive dust.

Tasks: (i) Ensure that wetting of bare road surfaces and stockpiles of soils and marl is carried out.

(ii) Ensure that vehicles transporting earth materials are covered en route to prevent generation of fugitive dust.

2.3.11 Other Aspects

Objective: (i) To ensure that all post permit conditions are met.


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Tasks: (i) Ensure that all permits are applied for and received.

2.4 General Mitigation Measures:

Objective: (i) To ensure that all reasonable attempts are made to implant mitigation measures as outlined in the EIA Report.

Tasks: (i) Review all mitigation measures as outlined in EIA Report and accompanying addenda and ensure that all reasonable attempts are made to implement them.

3.0 STUDY TEAM

The team responsible for the conduct of the monitoring programme should be listed.

4.0 MONITORING SCHEDULE & DELIVERABLE

Monitoring schedule and frequency to be determined.

********


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