Ministry of Irrigation and Water Development

REPUBLIC OF MALAWI

MINISTRY OF IRRIGATION AND WATER DEVELOPMENT

NATIONAL WATER DEVELOPMENT PROGRAMME (NWDP)

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

Revised March2011

ACKNOWLEDGEMENTS

This Environmental and Social Management Framework has been prepared with the support and consultations of many people to whom the Ministry of Irrigation and Water Development is very grateful.

The people consulted include workers and communities in the proposed programme districts, cities and towns of Mzimba, Mzuzu, Kasungu, Lilongwe, Mangochi, Liwonde, Zomba and Blantyre.

District officials including District Commissioners, members of District Executive Committees and Town and Country Planning Committees, Environmental District Officers, Chiefs and the general public provided valuable input to this study.

In addition, a number of senior officers in the Ministry of Irrigation and Water Development, the Environmental Affairs Department, the Energy Department, the Forestry Department, and other stakeholder ministries of Local Government and Rural Development, and Transport and Pubic Works ministry, provided considerable administrative and logistical support during the assignment which deserve sincere acknowledgement for the support.

National Water Development ProgrammeMarch 2011

TABLE OF CONTENTS

LIST OF ABBREVIATIONS USED IN THE FRAMEWORK

Preface

EXECUTIVE SUMMARY

CHAPTER ONE:...... PROJECT DESCRIPTION AND OBJECTIVES OF THE ESMF

1.1Background to the Water Sector in Malawi

1.2Second National Water Development Project

1.2.1Project Development Objective

1.2.2Programme and project components

1.2.3Programme Coordination and Implementation

1.3Objectives of the ESMF

1.4Justification for the ESMF

1.5Potential Users of the ESMF

1.6 Approach and Methodology to the preparation of the ESMF

1.7Organization of the ESMF

CHAPTER TWO:...... BIOPHYSICAL AND SOCIO-ECONOMIC SETTING

2.1Introduction

2.2Mzimba and Mzuzu City

2.2.1Mzimba

2.2.1Mzuzu City

2.3Kasungu Town

2.4Lilongwe

2.5Mangochi

2.6Zomba

2.7Blantyre District

2.8The Liwonde Barrage

CHAPTER THREE:.....RELEVANT LEGISLATION AND THE WORLD BANK POLICIES

3.1Malawi Legislation Relevant to NWDP Implementation

3.2Relevant World Bank Safeguard Policies Compared with the National Legislation

3.3Gaps between World Bank Policies and the National Legislation

CHAPTER FOUR: ...... ENVIRONMENTAL AND SOCIAL IMPACTS

4.1Description of Project Phases for Environmental Management

4.2Sources of Environmental and Social Impacts

CHAPTER FIVE: .THE SCREENING PROCESS FOR PROJECT SITES AND ACTIVITIES

5.1Introduction to the Screening Process

5.2Step 1: Screening of Project Activities and Sites

5.2.1Screening of Project Activities and sites within the District Assemblies

5.2.2Screening of Project Activities and sites within City or Town Assemblies

5.3Step 2: Assigning the Appropriate Environmental Categories

5.4Step 3: Carrying out Environmental Work

5.5Step 4: Review and Approval of the Screening Activities & EIAs

5.6Public Consultation and Disclosure

CHAPTER SIX: ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS

6.1Environmental Management Plan

6.2Environmental Monitoring

6.2.1Rehabilitation of Existing and Construction of New Structures and other Project Activities

6.3Monitoring Indicators

6.2Environmental Guidelines for the Contractor

CHAPTER SEVEN: IMPLEMENTATION ARRANGEMENTS FOR THE ESMF

7.1 Definition of Roles and Responsibilities

CHAPTER EIGHT:...... CAPACITY BUILDING AND TRAINING

8.1Participants for Capacity Building and Training

8.2Proposed Areas of Training

CHAPTER NINE: ...... CONCLUSIONS AND RECOMMENDATIONS

REFERENCES

ANNEX 1(a):...... Environmental and Social Screening Form for NWDP

ANNEX 1(b):...... Project Environmental Checklists for NWDP

ANNEX 2: SUMMARY OF THE WORLD BANK’S SAFEGUARD POLICIES.

ANNEX 3: THE GENERAL EIA PROCESS IN MALAWI (ADAPTED FROM THE EIA GUIDELINES 1997, EAD)

ANNEX 4: GENERAL EIA TERMS OF REFERENCE FOR NWDP

ANNEX 5: PROCEDURES FOR EIA PREPARATION

ANNEX 6:ENVIRONMENTAL GUIDELINES FOR CONTRACTORS

ANNEX 7: LIST OF PEOPLE CONSULTED DURING PREPARATION THE ESMF

LIST OF ABBREVIATIONS USED IN THE FRAMEWORK

CIDA Canadian International Development Agency

DADistrict Assembly

DEADirector of Environmental Affairs

DEAPDistrict Environmental Action Plan

DECDistrict Executive Committee

DEMMDecentralised Environmental Management Manual

DESCDistrict Environmental Subcommittee

DPDDirector of Planning and Development

EADEnvironmental Affairs Department

EDOEnvironmental District Officer

EIAEnvironmental Impact Assessment

EIB European Investment Bank

EMAEnvironment Management Act

EMPEnvironmental Management Plan

EOEnvironmental Officer

ESMFEnvironmental and Social Management Framework

GDPGross Domestic Product

GoMGovernment of Malawi

HIVHuman Immune Deficiency Syndrome Virus

LGALocal Government Act

MoIWDMinistry of Irrigation and Water Development

MPRSPMalawi Poverty Reduction Strategy Paper

NCENational Council on the Environment

NEAPNational Environmental Action Plan

NEPNational Environmental Policy

NGONon-Government Organization

NLPNational Land Policy

NPDPNational Physical Development Plan

NWDP INational Water Development Programme Project I

NWDP IISecond National Water Development Programme IIject

NWDPNational Water Development Programme

NWRPSNational Water Resources Policy and Strategies

OPOperational Policy

PRAParticipatory Rural Appraisal

RAPResettlement Action Plan

RPFResettlement Policy Framework

SOERState of the Environment Report

SWAP Sector Wide Approach

TATraditional Authority

TCETechnical Committee on the Environment

TCPATown and Country Planning Act

TCPCTown and Country Planning Committee

Preface

The Environmental and Social Management Framework (ESMF) was initially prepared for the Second National Water Development Project (NWDP II) financed by the International Development Association of the World Bank. The NWDP II was a follow-up project after the National Water Development Project which was implemented from 1996 to 2003. The NWDP II was developed to be part of the Malawi Government Programme for Water Supply and Sanitation, the National Water Development Programme (NWDP), in which a number of Development Partners would participate. The ESMF prepared in March 2007, was to guide the implementation of NWDP II on Environmental and Social Management and subsequently guide other projects as they get developed for the programme. In this revised ESMF, effort has been made to make it a general guideline on ESMF for all projects under the NWDP with slight modifications, where applicable, subject to agreements with the respective Development Partners. Factual information and the screening form has also been updated in this revised version.

EXECUTIVE SUMMARY

This Environmental and Social Management Framework (ESMF) is prepared for the National Water Development Programme (NWDP), which the Government of the Republic of Malawi, through the Ministry of Irrigation and Water Development, is implementing in the cities, selected towns and districts, and Market Centres. The purpose of this ESMF is to guide integration of environmental and social considerations in the planning and implementation of NWDPactivities.

Currently, the Malawi Government is seeking financial support from a number of Development Partners, including the World Bank for the National Water Development Programme (NWDP). The total value of the programme is expected to be US$360,630,000.00,with the IDA (World Bank) becoming the major contributor once the additional US$120,000,000.00 is made available to the programme as additional to the initial US$ 50,000,000.00 that was provided.

1.0 Scope of Activities

To build on the success of the first National Water Development Project (NWDP I), which was implemented from 1996 to 2003, the GoM requested the World Bank to lead the preparation of a follow-up project; the Second National Water Development Project (NWDP II) for the GoM’s programme, the National Water Development Programme. The NWDP II, which became effective in 2007, supports improved water resources management and expanded water supply and sanitation services in cities, towns and market centres. The sector is also in the process of developing a SWAP in which donors and government may pool their investments. The Ministry of Irrigation and Water Development (MoIWD) and the Development Partners group are adopted a common implementation strategy, and the MoIWD is establishing management systems that can underpin a SWAP.

The NWDP include the following project components;

Urban, Town, and Market Centre Water Supply - Investments and technical assistance for water supply in Urban, Town, and Market Centre,implemented through the respective Water Boards;
Sanitation - Investments and technical assistance for sanitation and hygiene investments in Town, Market Centres, and rural areas, implemented by the Ministry of Irrigation and Water Development and the Water Boards;
Water Resources Management - Technical assistance to enhance capacity and prepare future investments in water resources management implemented by the Ministry of Irrigation and Water Development;
Sector Reforms and Program Management - Support for sector reforms, capacity enhancement and programme management, implemented by the Ministry of Irrigation and Water Development.
Rural Water Supply - Investments and technical assistance in rural water supply implemented by the Ministry of Irrigation and Water Development.

The IDA funds are allocated to all components and other major Development Partners and financiers are also financing the components under the programme.

2.0 Project Development Objectives and Targets

The objectives of NWDP are to improve water resources management and increased access to sustainable water supply and sanitation services for people living in cities, towns; and improve water resources management. The programme would also contribute to building sector capacity through improved monitoring, regulation, incentive structures, public-private partnerships, and coordination among the sector stakeholders.

3.0Justification for Preparation of the ESMF for NWDP.

According to Section 24 (1) of the Malawi Government’s Environment Management Act (EMA), Number 23 of 1996; and the Government’s Environmental Impact Assessment (EIA) Guidelines of December, 1997, the NWDP would falls under the list of projects for which EIA is mandatory, prior to implementation. The basis is that the proposed programme constitutes activities, which would generate considerable changes and significant effects to the environment. Hence, environmental components such as water, land, forests, human settlement, sites of cultural heritage and biological diversity might be adversely affected.

The NWDP projects are categorized as a B projects, according to the World Bank’s Operational Policy (OP4.01); Environmental Assessment. Therefore, appropriate environmental work will have to be carried out. Since the locations of the infrastructure investments and their potential negative localized impacts could not be determined prior to appraisal, the programme requires the preparation of an ESMF to ensure appropriate mitigation of potential negative environmental and social impacts Are taken into account in the implementation of projects.

This framework therefore, is designed to guide the establishment of appropriate level of environmental management measures for implementation, in all the stages of the project activities, from the planning to implementation, including decommissioning.

4.0 Potential Environmental and Social Impacts from NWDP Activities

Although NWDP activities will vary in size, location, scope and the approach in implementation, most of these activities will involve civil engineering and construction works. Hence, the generic and typical environmental impacts would include:

loss of forest resources;
increase in soil erosion;
loss of fragile ecosystem;
soil and water contamination;
siltation of water courses and;
increased wastewater generation

The generic and typical social impacts of the programme’s project activities would include:

loss of land for human settlement;
loss of gardens for the local communities;
loss of crops and other property for the local communities;

influx of people to project areas;

incidences of communicable diseases and health hazards to workers;
spread of sexually transmitted diseases including HIV and AIDS within the area and;
disruption of living patterns of local villagers.

5.0 Key Strategies of the ESMF

This ESMF has been prepared as a guide to the initial screening of NWDP sites and activities for negative environmental and social impacts, which would require attention prior to project implementation. The framework outlines a number of strategies, which include:

a systematic procedures for participatory screening for project sites and project activities for environmental and social considerations;
a step by step procedure for forecasting the main potential environmental and social impacts of the planned project activities;
a typical environmental management plan for addressing negative externalities in the course of project implementation and operations within environs;
a step by step monitoring and evaluation system for implementation of mitigation measures and;
an outline of recommended capacity building measures for environmental planning and monitoring of the project activities.

6.0 Key Recommendations of the ESMF

The ESMF recommends that the proposals made herein be implemented adequately to mitigate the consequential environmental impacts of the project activities. The ESMF also recommends that for its implementation to be successful there is need to ensure that all projects being implemented in the same areas as the NWDP should have their own comprehensive environmental and social management plans. It is also recommended that the Environmental Affairs Department and other relevant line ministries should ensure that human activities that lead to deforestation and other environmental problems are properly managed and monitored.

The ESMF also advances that for its implementation to be successful, involvement and participation of local communities is paramount. Specifically the ESMF recommends:

use this framework prior to any project activity of the NWDPprojects;

environmental and social awareness education for the key stakeholders and affected communities;
training members of the DECsDDCs. AECs, VDCs, Water Boards, and MoIWDto implement the ESMF and the screening process;
regularly updating the EMP to respond to changing local conditions and to adjustments in project implementation plans;
building capacities of the City, Town/District Assemblies for developing appropriate information management systems to support the environmental and social management process and;
providing the necessary resources and equipment for the local assemblies to be able to produce the necessary documentation and forms for the implementation of the ESMF;

7.0Potential Users of the ESMF

As a reference material, the ESMF will be useful to several stakeholders who will be involved in planning, implementation and monitoring of the proposed project. Some of the key users of this ESMF are as follows:

funding agencies/donors for NWDP;
Water Boards
District Executive Committee members in the targeted cities, towns and districts;
participating sectors in the implementation of the NWDP;
politicians and local Traditional Leaders;
senior Central Government officials responsible for policymaking and project planning;
Central Government officials responsible for environmental planning and management and;
engineers and contractors to be involved in implementation of the projects.

Finally it is recommended that the following key sections of this ESMF should be included in the Project Implementation Manual for NWDP: the Screening Process, Sections 5.1 to 5.6; the Environmental Management and Monitoring Plan Sections: 6.1 to 6.2; and; Capacity Building and Training Requirements: Sections 8.1 to 8.3

National Water Development ProgrammeMarch 2011

CHAPTER ONE:PROJECT DESCRIPTION AND OBJECTIVES OF THE ESMF

1.1Background to the Water Sector in Malawi

The Government of Malawi’s (GoM) strategy for the water sector in Malawi is to turn over the responsibility for water supply and sanitation services to self sufficient Water Boards and Water Associations, with the view that it focuses its attention on policy formulation and water resources development. To this end the Government has:

(a)established Water Boards to provide water supply and sanitation services to towns and cities;

(b)developed and demonstrated a district-based strategy for rural water supply in small villages and market centres;

(c)established a Water Resources Management Board;

(d)combined water supply and irrigation planning within the Ministry of Irrigation and Water Development and;

(e)completed important water resources management studies.

The Word Bank and other donors including AfDB, EIB, NDF, CIDA, EU, JICA, KfW, UNDP and UNICEF, through the National Water Development Project I (NWDP I), contributed to this effort.

The Government of Malawi, through the Ministry of Irrigation and Water Development and the Water Boards, implemented the National Water Development Project I from 1996 to 2003. The primary objective of the project was to support the implementation of the Water Resources Management Policy and Strategies, (the first coherent Water Policy Document that was adopted by Government in May 1994). The policy aimed at reforming and upgrading the management of water resources and the provision of water-related services in order to:

(a)ensure convenient access to safe water for a progressively larger proportion of the community;

(b)provide water infrastructure capable of underpinning economic development and;

(c)assure the protection and management of water resources and aquatic and riparian environments

The main outputs at the end of the NWDP I included:

(a)The establishment of three Regional Water Boards and reformation of Blantyre and Lilongwe Water Boards, under a new legislative environment.

(b)the Construction of a dam and Water Supply System in Zomba Municipality and the improvement of Water Supply in 18 other Towns under three Regional Water Boards;

(c)improved water distribution in Lilongwe City and planning studies for improving water and sanitation services to Blantyre and Lilongwe Cities;

(d)the development of a district-based, community-managed approach to rural water supply and sanitation; and the construction of 500 boreholes and two Gravity-Fed Piped Water Schemes, following the new approach;

(e)re-constitution of the Water Resources Board, and studies towards strengthening the same;

(f)capacity building for the Ministry of Water Development and under five Water Boards;

(g)the rehabilitation and protection of 4 selected catchment areas;

(h)Lake Malawi level control strategy to protect power supply and other beneficial uses of Lake Malawi and the Shire River; and

(i)studies for the Integrated Water Resource Management Plan for the Songwe River

Revision of the Water Policy and development of a National Sanitation Policy were also initiated during the implementation of NWDP I. The new National Water Policy, to replace the 1994 National Water Policy, was completed in August 2005, while the Sanitation Policy was developed through a comprehensive stakeholder consultation process.