Jamaica Social Investment Fund
Jamaica
JAMAICA INNER CITY BASIC SERVICES PROJECT
ASSESSMENT OF JSIF SAFEGUARDS COMPLIANCE CAPACITY, ENVIRONMENT AND RESETTLEMENT - FINAL REPORT
November 2005
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 Ltd
Thamesfield House
Boundary Way
Hemel Hempstead
Herts HP3 9WU
United Kingdom
Tel: + 44 (0) 1442 202400
Fax: + 44 (0) 1442 219886
Email:
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TABLE OF CONTENTS
PART I: GENERAL 12
1. INTRODUCTION 12
1.1 Background 12
1.2 Objectives 13
1.3 Methods 14
1.4 Scope of Report 15
2. SUMMARY OF APPLICABLE WORLD BANK SAFEGUARDS 15
2.1 Applicable Operational Policies 15
2.1.1 OP 4:01 Environmental Assessment (Jan 1999) 16
2.1.2 OP 4:04 Natural Habitats (Jun. 2001) 17
2.1.3 OP 4:09 Pest Management (Dec. 1998) 17
2.1.4 OP 4:10 Indigenous People (Jul. 2005) 17
2.1.5 OPN 11:03 [Draft OP 4:11] Cultural Property (1999) 18
2.1.6 OP 4:12 Involuntary Resettlement (Revised Apr. 2004) 18
2.1.7 OP 4:36 Forests (Nov. 2002) 19
2.1.8 OP 4:37 Safety of Dams (Oct. 2001) 19
2.1.9 OP 7:50 Projects on International Waterways (Jun. 2001) 19
2.1.10 OP 7:60 Projects in Disputed Areas (Jun.2001) 19
2.2 Environmental Assessment Sourcebook 19
2.3 Relevant EA Sourcebook Updates 20
2.4 Involuntary Resettlement Sourcebook 21
PART II: ASSESSMENT OF JSIF SAFEGUARDS COMPLIANCE CAPACITY 22
3. JSIF’s POLICIES & PROCEDURES 22
3.1 External Regulatory Framework 22
3.2 JSIF’s Operations Manual & Environmental Guidelines 23
3.3 Implementation of Environmental Guidelines 24
3.4 Revision of Environmental Guidelines 24
4. JSIF’s INSTITUTIONAL CAPACITY 25
4.1 JSIF’s Institutional Framework 25
4.2 Performance of EA Functions 26
4.3 Implementation Support for JSIF 29
5. AREAS FOR IMPROVED POLICIES AND PROCEDURES 30
5.1 Further Revision of Environmental Guidelines 30
5.2 Complimentary Instruments/Guidelines 32
5.2.1 Contract Documents 32
5.2.2 ISO 14000 EMS 33
5.3 Environmental Management and Resettlement Frameworks for JICBSP 34
PART III: ENVIRONMENTAL MANAGEMENT FRAMEWORK 35
6. JSIF Environmental Management Framework 35
6.1 Legislative and Administrative Context 35
6.1.1 The National Environment and Planning Agency...... 25
6.1.2 The Permit and License System 36
6.1.3 The Environmental Impact Assessment Process 37
6.1.4 Prescribed Categories 37
6.1.5 Strategic Environmental Assessments 40
6.2 National Legislation and Policies – Natural Environment 40
6.2.1 Natural Resources Conservation Act (1991) 41
6.2.2 Wildlife Protection Act (1945) 41
6.2.3 National Legislation and Policies – Human, Cultural And Social Environment 44
6.2.4 Relevant Multilateral Environmental Agreements 48
6.3 JSIF Environmental Guidelines 49
6.3.1 Typology of Probable Infrastructure Projects 52
6.4 Criteria for Site Screening 56
6.4.1 Procedures to Manage Environmental Impacts Expected by the Sub-projects. 59
6.4.2 Biological Environment 60
6.4.3 Socio-economic Environment 60
6.6 Cumulative Impacts 62
6.7 Positive Impacts 62
6.8 Public Participation 64
6.8.1 Individual Participation 64
6.8.2 Community Based Participation 64
6.8.3 Public Notification 64
6.9 Reporting...... 55
6.9.1 NEPA Requirements 65
6.9.2 JSIF Requirements 65
6.9.3 World Bank Requirements 65
6.9.4 Additional Reporting...... 55
6.9.5 Public Review 66
6.9.6 Emergency Response Plan 66
6.10 Monitoring Requirements 66
6.11 Institutional Arrangements 68
6.12 Consideration of Alternatives 70
PART IV: RESETTLEMENT FRAMEWORK 71
7. Involuntary Resettlement Policy and Practice In Jamaica 71
7.1 Introduction 71
7.2 Existing National Legislation Governing Resettlement in Jamaica 71
7.2.1 The Constitution 71
7.2.2 Land Acquisition Act 1947 72
7.2.4 Mining Act (1947) 73
7.3 Resettlement Practice in Jamaica 73
7.3.1 Highway Improvement Programmes 76
7.3.2 Urban Renewal Programmes 77
7.3.3 Housing Act...... 67
7.3.4 Mining 79
7.4 Draft Green Paper 80
8. Involuntary Resettlement on JICBSP 83
8.1 Scope of Involuntary Resettlement and Compensation on JICBSP 83
8.2 World Bank Safeguards for Involuntary Resettlement OP 4:12 85
8.3 Draft Green Paper Compliance with OP4.12 85
9. JSIF Involuntary Resettlement Framework. 92
9.1 Involuntary Resettlement and the JSIF Project Cycle 92
9.2 Guiding Principles for Resettlement Planning 94
9.3 Project Description and Concept Development 96
9.4 Resettlement Planning and Design 97
9.5 Definition of Project-Affected Person (PAPs) 103
9.6 Asset Valuation 98
9.7 Compensation and Rehabilitation Measures 107
9.8 Monitoring and Evaluation 102
h
Annexes
ANNEX I Guidelines for Frameworks...... 103
ANNEX II JSIF Environmental Guidelines...... 106
ANNEX III Communication Strategy...... 124
ANNEX IV Project Reporting Format...... 131
ANNEX V - Generic Environmental Monitoring Programme to Cover the JICBSP...... 136
Jamaica: Technical Studies and Preparatory Activities for the Development of the Jamaica Inner City Basic Services Project (4041427)PART I: GENERAL
1. INTRODUCTION
1.1 Background
The 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]
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 Objectives
The 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
· 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 Methods
The 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:
ü World Bank Operational & Safeguard Policies (OPs) & Bank Procedures (BPs)
ü World Bank Environmental Assessment Sourcebook & Updates
ü World Bank Involuntary Resettlement Sourcebook
ü World Bank Project Profiles & Documents for JSIFP, NCDP & JICBSP
ü JSIF Operations Manual, Environmental Guidelines & Annexes (2004 Revision)
ü JSIF Annual Report 2003-2004
ü JSIF Standard Forms of Contract & Annexes
ü Relevant Laws of Jamaica
ü Relevant GOJ Policy Documents
ü Previous Consultancy Reports
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 Report
Three 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; and
3. 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 Policies
The 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 the primary safeguard of EA. The Bank’s Safeguard Policies[4] and their applicability to the JICBSP are discussed below.