State Expenditure Effectiveness for Opportunities and Results (SEEFOR)

TABLE OF CONTENT

CONTENTPAGE

Title Cover1

Table of Content2

List of Tables6

List of Figures6

List of Maps6

List of Boxes 7

List of Plates7

List of Acronyms8

Executive Summary9

SECTION 1: BACKGROUND AND INTRODUCTION12

1.1Background 12

1.2Purpose of the ESMF12

1.3Objectives of Environmental and Social Management Framework (ESMF)12

1.4The ESMF Scope, Main Task and Rationale for the ESMF Preparation14

1.5Application of the ESMF15

SECTION 2: METHODOLOGY AND CONSULTATION16

2.1 Introduction16

2.2Literature review16

2.3Interactive Discussions/Consultations 17

2.5 Field Visits17

2.6 Identification of potential impacts and Mitigation Measures17

SECTION 3: POLICY AND REGULATORY FRAME WORK18

3.1Introduction18

3.1Administrative Framework18

3.2Some Relevant Regulatory Instruments18

3.3.1Federal Policy/Legislation18

3.3.1.1National Policy on Environment18

3.3.1.2The Federal Ministry of Environment19

3.3.1.3 Land Use Act of 197819

3.3.1.4Forestry Act20

3.3.1.5Criminal Code20

3.3.1.6Inland Waterways Authority (NIWA)20

3.3.2State Legislations21

3.3.3International Laws and Regulations22

3.3.3.1World Bank’s environmental and social/resettlement guidelines 22

3.3.3.2Nigeria EA Guidelines and World Bank EA Guidelines 22

3.4 Adequacy of Legal Instruments for Environmental and Social

Issues for SEEFOR24

SECTION 4: PROJECT DESCRIPTION26

4.1Introduction 26

4.2Components of the SEEFOR26

4.3 SEEFOR and Triggered Safeguard Policies28

4.4 Sustainability of SEEFOR 28

4.4.1Success Factors 28

4.4.2SEEFOR - A Catalyst for Development and Growth 28

4.4.3Institutional Analysis 29

4.4.4Role conflicts across MDAs - Participation Agreement29

Section 5:Description of baseline conditions30

5.0Introduction30

5.1Project location 30

5.2Geology, Relief, Drainage and Ecological Zones32

5.3Coastal Geomorphology32

5.4Ecologically sensitive areas33

5.5Climate33

5.5.1Rainfall33

5.5.2Relative humidity (RH)34

5.5.3Temperatures 34

5.6Social 34

5.6.1 The People34

5.6.2Population, Sex and Age Structure35

5.6.3Settlement Patterns and Size Distribution of Settlements35

5.6.4Economy35

5.6.5Economic Growth That Promotes Sustainable Livelihoods36

5.6.6Infrastructure and Social Services36

5.6.7Cultural Resources36

5.6.8Social structure/trends and social groups37

5.6.9Community power structure and governance38

5.6.10 Conflict and Management of conflict 38

5.6.10.1Governance and Conflict39

5.6.10.2Economic and Social Costs of Conflict39

5.6.10.3Conflict resolution strategy40

5.7Environmental health40

5.7.1Water supply40

5.7.2Wastes and Waste Management40

5.7.3Nutritional status41

5.8 Problems in the Region41

SECTION 6: INSTITUTIONAL AND REGULATORY FRAMEWORK 43

6.0 Introduction43

6.1Bayelsa State 43

6.1.1State Ministry of Environment43

6.1.2The Ministry of gender and Social Development44

6.1.3Ministry of Works & Transport46

6.1.4Ministry of Youth, Conflict Resolution & Employment Generation46

6.1.5Bayelsa State CSDP48

6.1.6Bayelsa State Fadama Coordination Office (BYSFCO) 49

6.1.7Bayelsa State Sustainable Development Strategy49

6.2 Delta State50

6.2.1Delta State Ministry of Environment 50

6.2.2Ministry of Lands, Urban and Regional Planning51

6.2.3 Ministry of Works52

6.2.4 Ministry of Agriculture and Natural Resources 52

6.2.5Ministry of Water Resources Development52

6.2.6Ministry of Women Affairs Community and Social Development53

6.2.7 Delta State Directorate of Youth Development 53

6.3Edo State53

6.3.1Ministry of Environment and Public Utilities 53

6.3.2Ministry of Lands, Housing and Survey 54

6.3.3Ministry of Agriculture55

6.3.4Ministry of Energy and Water Resources56

6.3.5Ministry of Local Government and Chieftaincy Affairs57

6.3.6Ministry of Information and Orientation57

6.4Rivers State58

6.4.1Rivers State Ministry of Environment58

6.4.2Ministry of Land and Survey59

6.4.3Rivers State Ministry of Employment/Economic Empowerment60

6.4.4 The Rivers State Government Recruitment Center60

6.4.5Rivers State and Youth Empowerment60

6.4.6Rivers State Sustainable Development Agency (RSSDA)60Right

6.4.7Ministry of Agriculture60

6.5 Other Relevant Institutions61

6.5.1Local Government Level Institutions61

6.5.2Community Level and other Institutions61

6.5.3 CBOs/Non-Governmental Organizations (NGOs) 62

SECTION 7PROJECT COORDINATION AND IMPLEMENTATION

ARRANGEMENTS 63

7.1Overview63

7.2Institutional Arrangement – The Model 63

7.3SEEFOR Institutional Arrangement 63

7.4Roles and Responsibilities 65

7.4.1Federal Level Institutions65

7.4.2State Level Institutions67

7.4.2.1 State Agencies/Project Management Unit (SA/PMU)67

7.4.2.1.1 PMU Safeguard Units67

7.4.2.2 MDAs - State Ministries of Environment/EPA68

7.4.2.3 Other MDAs69

7.4.3Local Government Level Institutions69

7.4.4Community Level and other Institutions69

7.4.5World Bank69

SECTION 8:SUMMARY OF POTENTIAL ENVIRONMENTAL IMPACTS 70

8.1Introduction70

8.2Screening Process70

8.2.1Sub-Project-Level Environmental and Social Reviews72

8.3Impact Identification and Evaluation72

8.4Potential Impacts of the Project73

8.4.1The Potential Positive Impacts 73

8.4.2The Potential Negative Impacts 74

8.4.2.1Protected Areas, Natural Habitats and Forests74

8.4.2.2Cultural Property78

8.4.2.3Pest Management79

8.4.2.4Social Aspects/Tension/Conflict80

SECTION 9ENVIRONMENTAL AND SOCIAL MITIGATION PRINCIPLES81

SECTION 10ESMF IMPLEMENTATION AND MANAGEMENT86

10.0Introduction86

10.1Process Description86

10.1.1Project identification86

10.1.2Project Screening & Prioritisation86

10.1.3Project Implementation & Monitoring87

10.2Institutional Arrangement

10.2.1 Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP89

10.3 Participation / Consultation Framework89

10.4ESMF Communication Plan in the Project Cycle90

10.5Measures for Strengthening Organizational Capability –

Capacity Building and Training91

10.6Environmental and Social Monitoring 94

10.7Environmental and Social Mitigation Principles and Clauses94

10.7.1Air quality management95

10.7.2Greens Management95

10.7.3Soil quality management96

10.7.4Water resource management96

10.7.5Noise abatement96

10.7.6Public safety and health96

10.7.7Cultural Property 96

10.7.8Protected Areas, Natural Habitats and Forests96

10.7.9Pesticide Management97

10.7.9.1Integrated Pest Management97

10.7.10Social Integration and Participation 98

10.8Budgets for the ESMF99

10.9Update and Revision of the ESMF101

10.10Disclosures of Safeguard Instruments101

List of Tables

Table Page

1: Some Relevant World Bank's Safeguard Policies23

2: SEEFOR and Likely Triggered Safeguard Policies28

3: Population Census of 2006 for four SEEFOR States 35

4: Potential for Rural Economic Growth in SEEFOR States36

5: Urban Growth Poles and Their Potential Economic Activities 37

6: What the People of the Niger Delta Most Dislike about the Region39

7: Safeguard Responsibilities for SEEFOR 66

8: Identified Potential Negative Impacts75

9: SEEFOR Potential Impacts Mitigation Principles 80

10: Training Modules on Environment and Social Management92

11: Measures to Promote Integrated Pest Management in SEEFOR98

12: Estimated Annual Budget to Implement ESMF100

13: Some Information to be disclosed101

List of Figures

FigurePage

1: ESMF Design Plan16

2: Rainfall Regime and Pattern of Delta Region in Nigeria 34

3: Bayelsa State Ministry of Environment Organ gram43

4: A Typical Power Structure of communities in Niger Delta Area62

5: Institutional Arrangement (Federal and State Levels)64

6: State Agency/PMU Management Structure64

7: Diagrammatic representation of steps in Environmental Screening71

8: Diagrammatic representation of steps in Social Screening71

9: Connection between Planning and Implementation Phases of SEEFOR

Sub-projects Components 88

List of Maps

MapsPage

1: Nigeria showing the Niger Delta States 30

2: World Map Showing Niger Delta Region in Africa31

3: South-South Nigeria Showing the Location of the SEEFOR States 31

4: Niger Delta’s Coastal Geomorphic Zones33

5: Rainfall Regime and Pattern of Delta Region in Nigeria34

6: Main Niger Delta Linguistic 36

List of Boxes

Box Page

1: List of Protected Areas in the Niger Delta States 37

2: Roles & Responsibilities of Safeguard Specialist68

3: Main Outcomes of the Various Consultations so far90

List of Plates

Plate Page

1: A man scooping water from a shallow well, a typical source of water

in the Niger Delta40

2: A cross Section of Some Participants in one of the Stakeholders’ meeting103-24

List of Annexes

Annex Page

1. The ESMF Terms of Reference 103-2

2. Some National Legal Instruments on Environmental Management103-8

3. Some International Treaties/Conventions Nigeria is Signatory103-9

4. Environmental & Social Screening checklist 103-10

5. Indicative Terms of Reference for EA & EMP103-17

6. Risk Assessment Method – Likelihood and Severity Table 103-22

7. Mechanism for Monitoring of Environmental Management103-23

8. Summary of Stakeholders’ Consultations103-24

9. Environmental and Social Clauses103-36

10.An Indicative Plan for Integrated Pest Management 103-43

SEEFOR ESMF Prepared by Multiple Development Services ,m 1

State Expenditure Effectiveness for Opportunities and Results (SEEFOR)

List of Acronyms

SEEFOR ESMF Prepared by Multiple Development Services ,m 1

State Expenditure Effectiveness for Opportunities and Results (SEEFOR)

ARAPAbbreviated Resettlement Action Plan

BPBank Policy

BRTBus Rapid Transit

CBO Community Based Organization

CDD Community Driven Development

CG Community Group

CSO Community Support Organizations

EA Environmental Assessment

EAEnvironmental Assessment

ECOWAS Economic Community of West African States

EIA Environmental Impact Assessment

EIAEnvironmental Impact Assessment

EISEnvironmental Impact Statement

EMP Environmental Management Plan

EMPEnvironmental Management Plan

EMUEnvironmental Monitoring Unit

EPAEnvironmental Protection Agency

ER Environmental Review

ESEnvironmental Screening

ESA Environment and Social Assessment

ESA Environmentally Sensitive Area

ESAsEnvironmentally Sensitive Areas

ESMEnvironmental and Social Management

ESMF Environmental and Social Management Framework

ESMFEnvironmental and Social Management Framework

FGN Federal Government of Nigeria

FMENVFederal Ministry of Environment

HIV/AIDS Human Immuno-deficiency Virus/ Acquired Immune Deficiency Syndrome

IDAInternational Development Association

IEEInitial Environmental Evaluation

ILOInternational LabourOrganisation

LBLand Bureau

LGA Local Government Area

LVOLand Valuation Office

MDAsMinistries, Departments & Agencies

MDGMillennium Development Goals

MIGAMultilateral Guarantee Agency

MOEState Ministry of Environment

MoHMinistry of Health

MoHState Ministry of Housing

MoTMinistry of Transportation

NEAPNational Environmental Action Plan

NGO Non Governmental Organization

NGONon-Governmental Organization

ODOperational Directives (of the World Bank)

OM Operational Manual

OP Operational Policies (of the World Bank)

OSHOccupational Safety and Health

PAP Project Affected Peoples

PAPProject Affected person

PID Project Information Document

PIUProject Implementation Unit

PLWAsPeople Living with AIDS

PMU Project Management Unit

PPUD Physical Planning and Urban Development

PWDPublic Works Department

RAP Resettlement Action Plan

RPResettlement Plans

RPF Resettlement Policy Framework

SAState Agency

STDsSexually Transmitted Diseases

TORTerms of Reference

URTIUpper Respiratory Tract Infection

WB World Bank

WBThe World Bank

WHOWorld Health Organisation

SEEFOR ESMF Prepared by Multiple Development Services ,m 1

State Expenditure Effectiveness for Opportunities and Results (SEEFOR)

SEEFOR ESMF Prepared by Multiple Development Services ,m 1

State Expenditure Effectiveness for Opportunities and Results (SEEFOR)

EXECUTIVE SUMMARY

Background

The Government of Nigeria has requested the assistance of the World Bank the preparation of State Expenditure Effectiveness for Opportunities and Results (SEEFOR). The project development objective (PDO) is to improve the composition and effectiveness of public expenditure by strengthening public management systems and service delivery whilst enhancing employment generation in participating states.

Project Description

The project is designed around two main components - public financial management (PFM and service delivery - under which selected activities will be implemented to produce outputs that will contribute towards the achievement of the PDO. The latter will have three sub-components: a) training and skills development; (b) youth employment and (c) Community Driven Development (CDD). This component will thus present a menu of options for service delivery, using approaches that have been tested and proven to work in other Bank assisted projects in Nigerian states.

Need for ESMF

The SEEFOR project is not anticipated to lead to any large scale disruption of environmental amenities or acquisition of land or denial of access to usual means of livelihood. However, for due diligence, it has become necessary to prepare an Environmental and Social Management Framework (ESMF) to be used for the implementation of the SEEFOR Project.

The ESMF ensures that the proposed activities under the SEEFOR project benefits to:

Protect human health; enhance positive environmental and social outcomes;
Prevent or mitigate negative environmental impacts as a result of either individual sub-projects or their cumulative effects;
Prevent or compensate any loss of livelihood.

At present, feasibility studies have not been completed for the four beneficiaries States (Bayelsa, Delta, Edo and Rivers). Thus with studies currently ongoing , the volume and actual nature of activities as well as lack of knowledge of the exact locations, the scope, scale of activities and likely impacts are uncertain.

Thus this ESMF stands as a statement of the policy, principles, institutional arrangements and procedures that the SEEFOR project management will follow in each sub-project in addressing environmental and social concerns.It does not attempt to address impacts related to individual undertakings (in any specific form) since they are not known neither their locations nor area extent.The difficulties inherent in defining what the real environmental and social impacts of the SEEFOR sub-projects coupled with the fact that it is still at the stage of project preparation necessitated the preparation of this ESMF and other related but standalone instruments, namely: A Resettlement Policy Framework (RPF) and Social Assessment (SA)

Specifically, while this ESMF is intended to serve as a practical tool which describes the steps involved in identifying and mitigating the potential adverse environmental and social impacts of SEEFOR activities, Social assessment analyzes the social issues and soliciting stakeholders’ views for the design of the SEEFOR project thus making the project responsive to social development concerns. The RPF provides the direction to all actors involved in the SEEFOR sub-projects implementation, the identification of resettlement implications and measures to adopt to minimize or address resettlement issues created by each sub-project.

Project Location

This ESMF covers four States, namely: Bayelsa, Delta, Edo and Rivers, amongst the nine Niger Delta States in Nigeria. It anticipates that other Niger Delta States may eventually be part of the project and that the ESMF covers them all with revision/improvement.

Existing Policy, Legal and Administrative Frameworks

In Nigeria, environmental legislation generally is in a continuing process of development. Amongst the existing pieces of legislations there are a number of national and international environmental guidelines applicable to the sub-projects under the SEEFOR project with regard to both environmental and social concerns.

Of particular note is the Environmental Impact Assessment (EIA) Act No. 86 of 1992. The act makes EIA mandatory for any development project, and prescribes the procedures for conducting and reporting EIA studies. It requires that development projects be screened for their potential impact. Based on the screening, a full, partial, or no Environmental impact assessment may be required. This is in tandem with the World Bank EA requirements for any development projects and her categorization (A, B, & C) of EA types.

It is possible to conclude that this SEEFOR ESMF is responsive to or in linewith the objectives of good practice as required by the Nigerian government and the World Bank, because the EIA/EA requirements and operational procedures have been harmonized in the ESMF.However, in the event of divergence between the two, that of the World Bank Safeguards policy on involuntary settlement shall take precedence over Nigeria EA laws, guidelines and or standards.

Environmental & Social Screening and Assessment

The screening process is the first step in operationalizing the ESMF process. The objective of screening is to identify those sub-projects that have minimal/no environmental or social concerns. A checklist of items that are required to be adhered toconform to the provisions of this ESMF has been developed. Projects triggering significant environmental / social impacts, i.e. projects with potential to trigger impacts on environmental sensitive areas, or large scale resettlement activities are not envisaged under SEEFOR. However, in the event of such projects, being critical, the projects shall be included after undertaking the necessary environmental and social assessments, as mandated by the Environmental laws of Nigerian Governments (national and state) and conforming to the safeguard policies of the World Bank. The process for conformance to these procedures has been defined in this framework and the criteria established as per the Checklist of items to enable the identification of such projects.

Potential Environmental and Social Impacts

It is noteworthy to state that the environmental and social impacts identified at this stage are preliminary in nature and will need to be further elaborated in terms of potential for occurrence (likelihood) and severity when the exact locations and sub-projects are known.

As a rule of the thumb, it is anticipated that the intervention of SEEFOR sub-projects would exert some negative impacts on the social and physical environment within which they are implemented. These impacts have been presented according to the "typology” of the project (e.g. agriculture or public works such as road repair) and the typology of "the environment" (rural or urban).

Environmental and Social Mitigation Principles

For the anticipated potential negative impacts, the ESMF has provided mitigation principles for preventing, minimizing or managing various environmental and social impacts as an integral part of SEEFOR sub-projects planning and management.

ESMF Implementation and Management

The successful implementation of the ESMF depends on the commitment of the sector and related institutions, and the capacity within the institutions to apply or use the framework effectively, and the appropriate and functional institutional arrangements, among others. Hence these key ESMF areas relevant to its successful implementation were included in the ESMF, namely: institutional arrangements, capacity building, environmental and social monitoring.

Safeguards Compliance Arrangement among SEEFOR, Fadama III and CSDP: Component 2c of the project, focusing on community driven development (CDD), will be implemented through the existing Bank Assisted government CDD projects FADAMA and CDSP in each of the states involved. As such, the funding for this component will be channeled through the existing institutional arrangements and managed by the already established FADAMA and CDSP project implementation units in each state. In states where only one of the existing CDD projects is operating this component will be implemented only through this existing project. The component will run only for as long as the existing projects are operating. Given these institutional arrangements, all activities undertaken under this component will be subject to the safeguards procedures and instruments developed under these existing projects. Thus, the current SEEFOR project has triggered the relevant World Bank safeguard policies triggered by FADAMA III and CDSP triggered OP/BP 4.01 Environmental Assessment and OP/BP 4.12 Involuntary Resettlement, as well as additional safeguards policies including OP/BP 4.04 Natural Habitat, OP/BP 4.09 Pest Management, OP/BP 4.36 Forests that were triggered by FADAMA given the scope and the potential environmental and social impacts of the activities under FADAMA. The only exception to this consistency in World Bank policies triggered by the project funding these activities- SEEFOR- and the projects implementing the CDD activities, is the policy on International Waterways. In this case the policy has not been triggered because the geographical locations of the different states involved in the project mean that no international waterways will be affected and that any surface or groundwater extraction, in any, would come from local sources.

The current safeguards performance, the safeguards instruments prepared and the institutional arrangement for their implementation for Fadama III and CSDP are presented below:

Third National Fadama Development Project: To date, the safeguard compliance of Fadama III has been satisfactory. Since the locations and potential negative localized impacts of the future subprojects, the Borrower prepared an Environmental and Social Management Framework (ESMF), a Pest Management Plan (PMP), and a Resettlement Policy Framework (RPF) for the purpose of identifying and mitigating potential negative environmental and social impacts at the subproject planning stage during the life of the project. The RPF outlines the policies and procedures to be followed in the event that subprojects require land acquisition. The PMP shows the procedures and steps to be undertaken to address pest management concerns, including capacity building in Integrated Pest Management (IPM). The ESMF outlines the environmental and social screening process for subprojects and proposes capacity building measures, including cost estimates. The ESMF includes: (i) an Environmental Management Plan; (ii) Environmental Guidelines for Contractors; and (iii) an environmental and social checklist for subprojects screening.