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Environmental and Social Management

Framework

Mozambique eGovernment and Communications Infrastructure Project (MEGCIP)

Mozambique Component of the Regional Communications Infrastructure Program (RCIP)

Phase 3

DRAFT REPORT

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CONTENTS

ABBREVIATIONS 3

1 PROJECT DESCRIPTION 4

1.1 DESCRIPTION OF THE RCIP PHASE I AND II 4 1.2 OUTLINE OF THE PROPOSED RCIP PHASE 3 7 1.3 APPLICABLE WORLD BANK SAFEGUARD POLICIES 9 1.4 OBJECTIVE OF THE ESMF 11

2 RCIP IMPLEMENTATION ARRANGEMENTS 12

2.1 REGIONAL COORDINATION 12 2.2 INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS FOR MOZAMBIQUE 12

3 APPLICABLE INTERNATIONAL BEST PRACTICE FOR ENVIRONMENTAL

MANAGEMENT IN THE TELECOMMUNICATIONS SECTOR 15

3.1 TELECOMMUNICATIONS INFRASTRUCTURE 15 3.2 ENVIRONMENTAL IMPACTS 17 3.3 SOCIAL IMPACTS 19 3.4 ENVIRONMENTAL AND SOCIAL MONITORING 20 3.5 PUBLIC CONSULTATION AND COMMUNICATION 20

4 LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK 22

4.1 LEGISLATIVE REQUIREMENTS FOR ENVIRONMENTAL MANAGEMENT 22 4.2 LEGISLATIVE REQUIREMENTS FOR TELECOMMUNICATIONS SECTOR 25 4.3 INSTITUTIONAL ARRANGEMENTS FOR THE TELECOMMUNICATIONS AND

ENVIRONMENTAL SECTOR IN MOZAMBIQUE 26 4.4 GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS 29

5 IMPACT ASSESSMENT AND MITIGATION MEASURES 32

5.1 POSITIVE ENVIRONMENTAL IMPACTS AND SOCIOECONOMIC BENEFITS 32 5.2 POTENTIAL NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS 33 5.3 POTENTIAL OCCUPATIONAL, HEALTH AND SAFETY RISKS 34 5.4 ENVIRONMENTAL AND SOCIAL MONITORING 34

6 SUB-PROJECT SCREENING, REVIEW AND APPROVAL 43

6.1 IMPLEMENTING AGENCIES 43 6.2 SCREENING AND REVIEW PROCESS 43 6.3 APPRAISAL AND MONITORING PROCESS 46

7 ACTION PLAN FOR IMPLEMENTATION OF EMPS 49

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7.1 IMPLEMENTATION GUIDELINES FOR AN EMP 49

8 PUBLIC CONSULTATION AND DISCLOSURE PROCESS 52

8.1 PROCESS FOR PUBLIC CONSULTATION IN THE ESMF 52 8.2 PROPOSED DISCLOSURE PLAN 52

9 CAPACITY BUILDING RECOMMENDATIONS 54

9.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF 54

10 PROPOSED BUDGET 56

11 ANNEX 1: IFC’S EHS GUIDELINES FOR TELECOMMUNICATIONS 57

12 ANNEX 2: IFC’S GENERAL OCCUPATIONAL, HEALTH, AND SAFETY

GUIDELINES 58

13 ANNEX 3: SCREENING FORM 59

14 ANNEX 4: WORLD BANK SAFEGUARD POLICY OP 4.01 63

15 ANNEX 5: TERMS OF REFERENCE FOR ESIA 65

16 ANNEX 6: EXAMPLE OF ENVIRONMENTAL CONTRACT CLAUSES 67

17 ANNEX 7: FORMAT OF AN ANNUAL ENVIRONMENTAL REPORT 71

18 ANNEX 8: TERMS OF REFERENCE FOR AN EMP 73

19 ANNEX 9: RESULTS FROM CONSULTATIONS CONDUCTED DURING ESMF

PREPARATION 78

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ABBREVIATIONS

AFOM French Association of Mobile Phone Operators APL Adaptable Program Loan CAGR Compound Annual Growth Rate CFCs chlorofluorocarbons CIP Communications Infrastructure Project CMC Community Multimedia Centre DRC Democratic Republic of the Congo EA Environmental assessment EABs East Africa Backbone Operators Association EASSy Eastern Africa Submarine System EBRD European Bank for Reconstruction and Development EIA Environment Impact Assessment EMF Electric and Magnetic Fields EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework FAA Federal Aviation Administration HSGIC Heads of State and Government Implementation Committee IBRD International Bank for Reconstruction and Development ICNIRP International Commission on Non-Ionizing Radiation Protection ICT Information and Communication Technology IDA International Development Agency IFC International Finance Corporation INCM National Mozambican Communications Institute IXPs Internet Exchange Points LNG Liquefied natural gas Mbit Megabit MICOA The Environmental Action Coordination Ministry MCT Ministry for Science and Technology MTC Ministry for Transport and Communications MPSCS Michigan Public Safety Communications System NEPAD New Partnership for Africa’s Development NGO Non-governmental Organization OHS Occupational health and safety PIU Project Implementation Unit PPP Public-Private Partnership RAP Resettlement Action Plan ROW Right-of-Way RCIP Regional Communications Infrastructure Program RPF Resettlement Policy Framework SATA Southern Africa Telecommunications Association TCIP Transparency and Communications Infrastructure Project ToR Terms of Reference USFWS U.S. Fish and Wildlife Service UTICT UTICT Technical Unit for Implementation of the ICT Policy

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1 PROJECT DESCRIPTION

The World Bank has embarked on a 10-year, multi-country Regional Communications Infrastructure Program (RCIP) to assist Eastern and Southern African countries in implementing a strategy of effective connectivity by offering technical assistance to promote further sector liberalization and resolve market efficiency gaps; financing coordinated backbone deployment to avoid redundant infrastructure initiatives and focus on missing links; designing public-private partnership (PPP) arrangements to leverage private sector investment; and supporting the development of e-government applications and content to complement the deployment of the regional infrastructure.

The first Phase, approved by the World Bank Board of Directors in March 2007 includes country-specific projects in Kenya, Burundi, and Madagascar, for a total of US $164M. The second Phase, approved in September 2008, includes a country-specific project in Rwanda, for a total of US$24M. Subsequent phases, planned to begin in 2009, are expected to include Democratic Republic of the Congo (DRC), Lesotho, Malawi, Mauritius, Mozambique, Namibia, Swaziland, Tanzania, Uganda, and Zambia, depending on their readiness. Other countries may also request to join once the first and second phase move to implementation. Overall, the program is open to Angola, Botswana, Burundi, Comoros, DRC, Djibouti, Eritrea, Ethiopia, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Seychelles, Somalia, South Africa, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe, provided these countries are eligible for IDA or IBRD financing.

1.1 DESCRIPTION OF THE RCIP PHASE I AND II

The proposed program’s first and second phase fits the eligibility criteria of the IDA14 regional program: � The proposed operation involves three or more countries (i.e., Kenya, Burundi,

Madagascar and Rwanda), all of which need to participate for the project’s objectives to be achievable.

� The benefits accrued in the targeted countries (i.e., increased access to quality and affordable Information and Communication Technology (ICT) services) spill over country boundaries. Higher volumes increase the viability of the regional communications infrastructure network, and cross-border initiatives provide incentives for countries to develop missing infrastructure to increase ICT access.

� There is clear evidence of country and regional commitment (e.g., IDA support requests from the Ministries of Finance of Kenya, Burundi, Madagascar and Rwanda respectively; the Algiers Declaration from the Summit of the Heads of State and Government Implementation Committee (HSGIC) in November 2004 called on the World Bank Group to support regional connectivity efforts).

� The proposed Adaptable Program Loan (APL) structure will allow countries to be involved as they show commitment/readiness.

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� The proposed operation provides a platform for a high level of policy harmonization between countries, fostering pro-competitive regional connectivity.

� The program and its first phase are part of a well-developed and broadly supported regional strategy, potentially extending to 25 countries in Eastern and Southern Africa.

Since the project is regional in nature, regional IDA funding can be used for up to two-thirds of the full proposed IDA amount of the project, with country allocations covering a third of the project cost attributable to each country. The lending instrument will be an APL.

1.1.1 Program objective and phases

The first Phase of the RCIP operation takes the form of Communications Infrastructure Projects 1, 2 and 3 (CIP 1, 2, 3) with a combined IDA volume of around US $164M. It includes Kenya (CIP 1, or Transparency and Communications Infrastructure Project - TCIP), Burundi (CIP 2), and Madagascar (CIP 3). The second Phase includes Rwanda and has an IDA volume of US$24M. Subsequent phases will reach the Board based on readiness of countries applying for support under the Program and availability of IDA/IBRD financing. Interested countries in joining the third Phase include Malawi, , Mozambique and Tanzania. Interested candidates for subsequent phases include Zambia, DRC, and Mauritius (IBRD), and it is expected that other countries will increasingly move to use IDA funds once implementation of RCIP advances in the different countries. It is also expected that some RCIP-related ICT components will be included in national projects where scaling up existing or country-specific project components is sensible or efficient. By the end of the program, all capitals and major cities in Eastern and Southern Africa should be linked to the global Information and Communications network by competitively priced high-bandwidth connectivity. Traffic in the region is expected to increase by at least 36% in Compound Annual Growth Rate (CAGR). Bandwidth costs are projected to start at around US $150/Megabit (Mbit) in 2008 at retail level and rapidly decline. This decline in cost should lead to lower prices for telephone services and better access to the Internet, significantly improving foreign and local private investment opportunities in the region; decreasing the cost of doing business; and increasing the prospects for job creation and wealth generation, while enabling countries to reap the benefits of ICT as a platform to deliver services to their citizens.

1.1.2 Project components

The proposed 10-year, multi-phase APL will assist Eastern and Southern African countries to implement a strategy of effective connectivity by offering technical assistance to promote further sector liberalization and resolve market efficiency gaps; financing coordinated backbone deployment to avoid redundant infrastructure initiatives and focus on missing links; and, designing public-private partnership (PPP) arrangements to leverage private sector investment.

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To maximize flexibility and client responsiveness in a multi-country environment, RCIP has been designed as a menu of options from which individual governments choose from to package their RCIP operation. The country-specific operations within RCIP will include specific components and subcomponents, listed below.

Component 1: Enabling Environment, Including Monitoring and Evaluation

Capacity-building. This component includes the following:

� Technical assistance to promote further sector liberalization and regulatory reforms to maximize the benefits of the regional infrastructure, from access to capacity (i.e., cost modeling, tariff regulation, interconnection, essential facility regulation, competition policy and regulation, and spectrum and other scarce resource management);

� Capacity building and training in the implementation of regulatory reforms; � Accelerating the establishment of the legal and regulatory framework for the

information society, in particular, on such topics as security of e-transactions, privacy and data protection, intellectual property rights;

� Supporting continued sector reform to maximize the impact of the connectivity component and strengthening the Public Private Partnership (PPP) framework to provide a sound basis for both connectivity and eGovernment components; and

� Building monitoring and evaluation capacity. While it is expected that not all countries will require the same level of support in all these areas, this component is eminently regional in nature, supporting the further opening of the sector and important spillover effects from increased traffic in the regional network and a consequent reduction in overall costs. In addition, common areas of technical assistance and capacity-building initiatives (in particular, training courses) can be implemented as multi-country activities.

Component 2: Connectivity. This will include the following subcomponents: • Support for the financing of an Eastern Africa Submarine System (EASSy)

landing station or virtual landing station (for landlocked countries), a passive infrastructure project with limited multiplex and switching equipment aimed at guaranteeing fair and unfettered physical access by all operators to the backhaul and EASSy network; support for the creation of a national Internet Exchange Point (IXP) run by an association of operators or a private third-party venture, with regional connections to other Internet Exchange Points (IXPs);

• Support to finance pre-purchase of capacity on the EASSy cable, backhaul, and national backbone networks, as well as in rural areas, for targeted users (i.e., schools, universities, hospitals, eGovernment use, and targeted user groups) with discounted capacity prices;

• Support for the deployment of regional backhaul links with neighboring countries to reach the EASSy landing point and support for the deployment of the national backbones on the basis of PPPs, leveraging private sector investment;

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• Support to finance the establishment of a government virtual private network (GovNet) to cater to government communications needs (both data and voice/video); and

• Support to extend ICT in rural areas and/or community-driven ICT development on the basis of PPPs with competitive subsidy awards.

These subcomponents should also be seen in the larger context of RCIP, as they are key elements to ensure the viability of the regional communications infrastructure supported under RCIP. For instance, without the potential increase in traffic from an acceleration of national infrastructure roll-out and application building, the regional infrastructure may not be viable and, therefore, may not materialize. Without cross-border initiatives such as the EASSy project or other complementary cross-border projects, individual countries may not be in a position to achieve low-cost broadband access and therefore may not be in a position to advance their growth agenda and overall global competitiveness. Landlocked countries in Eastern and Southern Africa are especially disadvantaged, as they need to interconnect with incumbents or national long distance operators in intermediary countries to backhaul traffic to the landing point (and often pay exorbitant prices in the process). Effective cross-border links and support for regulatory frameworks are, therefore, critical for the region as a whole.

Component 3: Transparency - eGovernment Applications. This component will target five to six major government applications from government services that are candidates for transition to eGovernment delivery. The government services will be prioritized as follows:

• Implement eGovernment in quick-win areas where there is a change champion; where private sector participation can be leveraged; and where the impact would be greatest in terms of transparency and accountability (e.g., customs, inland revenue services, pensions, drivers license/vehicle registration departments, utilities payments); and

• Introduce transaction-based e-Procurement in selected departments based on high amounts and low volumes of transactions (transport), or in departments with low amounts and high volumes of transactions (health). This component will also support, where required, the establishment of a scalable transaction-enabled government portal on which to anchor key eGovernment interventions and real-time monitoring and evaluation.

Application development will also be critical to ensure the viability of the regional communications infrastructure: it will ensure increased demand for access, increased traffic, the viability of the low-cost high-volume business model of EASSy, and related cross-border RCIP infrastructure links.

1.2 OUTLINE OF THE PROPOSED RCIP PHASE 3

The third phase of the RCIP covers Malawi, Mozambique and Tanzania. Subsequent phases of the RCIP aim to cover an additional set of countries: DRC, Lesotho, Mauritius, Namibia, Swaziland, Uganda, and Zambia.

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The Mozambique eGovernment and Communications Infrastructure Project (MEGCIP) is the Mozambican component of RCIP. The objective of the MEGCIP is to contribute to lower the cost international bandwith and extend the reach of broadband networks, and also to improve the efficiency and transparency of government through the delivery of eGovernment services. More specifically, the objective is to ensure that a basic package of internet access is available at an affordable price to people in the ground, and that the geographic reach of the broadband networks is extended beyond core urban areas, to provide connectivity to public institutions, support the Community Multimedia Centres National Program, support the establishment of government database services, establish eGovernment platform network, .

1.2.1 Project components

The MEGCIP project will have 4 components:

Component 1 – Enabling environment This component will provide technical capacity building and advice to the key agencies of government having a direct role in the project. These agencies include the Ministry of Science and Technology (MCT), the Technical Unit for Implementation of the ICT Policy (UTICT), the Ministry of Transport and Communication (MTC) and the National Institute of of Communications of Mozambique (INCM, the telecommunications regulator). This component comprises of several subcomponents, as follows:

• Subcomponent 1a – Capacity building and technical assistance to key agencies of the Government. This activity will comprise of capacity building of key agencies and provide technical assistance to development and introduction of new legislation, regulations, policies, and standards that may be necessary to enable the necessary sector reforms.

• Subcomponent 1b – Evaluation and formulation of appropriate PPP business models

and arrangements. This activity will comprise support for the evaluation and determination of appropriate Public Private Partnerships (PPP) business models and arrangements in the context of the Government sponsored infrastructure programs (e.g., GovNet, MoREnet, CMC, etc.), international capacity purchases, and eGovernment applications.

• Subcomponent 1c – Program compliance, monitoring, and communications support.

This activity will comprise of financing of consultancies which may be needed to complement the functions and activities financed directly through project management funds.

• Other: this component will further include support for technical assistance

and capacity-building not identified ex-ante. For example, support may be included for the establishment of MITA (Mozambique IT Agency).

Component 2 – Connectivity

This component will support proliferation of connectivity services and access in Mozambique through several subcomponents: (a) support for the establishment of an Internet Exchange Point (IXP); (b) support for purchase of capacity on the

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networks for targeted users (schools, universities, eGovernment users, other user groups)1; (c) support for financing the Governments’ communications network (e.g. extension of GovNet or agreed platform to districts); (d) support for the setup of the Mozambique research and Education Network (MoRENet); (e) support for the establishment of the National Community Multimedia Centre Program (CMC); and (f) support for country-specific innovative demand-stimulation programs (e.g. community radios, SMS-based services, MICTI, etc). This component will also cover implementation of recommendations stemming from the relevant environmental studies.

Component 3 –eGovernment Applications:

This component will include two main areas: (a) eGovernment Fundamentals platform to support introduction of basic eGovernment infrastructures and services facilitating introduction of new services, (b) support for targeted eGovernment applications and (c) the installation of a Communication Network Operation Centre for the eGovernment

Component 4 – Project management

1.3 APPLICABLE WORLD BANK SAFEGUARD POLICIES

The physical components of the RCIP will be limited to establishment of Internet Exchange Points, of an eGovernment Operations Center, and expansion of Community Multimedia Centres. These will be installed or established in pre-existing government/public infrastructure, and therefore, no new facilities will be built to house them. However, some activities such as restoration or upgrade of the buildings may take place. The potential application of these safeguards will be assessed during the preparation of the project prior to appraisal and if likely to be triggered appropriate measures will be designed and included in the Environment and Social Management Framework (ESMF). The two main World Bank safeguard policies triggered are the OP 4.01 for Environmental Assessment and OP 4.12 for Involuntary Resettlement, as explained below. Other safeguards might be triggered if the project design does not take into consideration the recommendations outlined in the Environmental and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF).

Yes If applicable, how might it apply?

[x ] Environmental Assessment (OP/BP/GP 4.01)

The project aims to finance structures such the establishment of Community Multimedia Centers, Internet Exchange Point, a National eGovernment Operation Centre, Network Operating Centre for MoRENet and Networks in existing

(1) 1 This could include support for initiatives such as the GovNet, Community Multimedia Centers (CMCs), MoreNET, Schoolnet, etc

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public/government buildings or facilities. It may also finance the construction of ducts for laying the fiber optic networks or from the construction of ancillary infrastructure, notably access roads, associated with towers for microwave links and rural wireless systems, although this is unlikely. The risks associated with this kind of infrastructure are generally low, so the project is assigned to environmental category B under OP 4.01. An ESMF will be prepared for the overall program. Specific costed Environmental Management Plans (EMP) will be prepared as necessary once the exact locations of those facilities have been identified. The ESMF will be submitted for Bank review and publicly disclosed in the affected countries and InfoShop prior to appraisal.

[ TBD] Natural Habitats (OP/BP 4.04)

It is not anticipated that natural habitats and/or protected areas could be affected by the proposed activities. Sub-projects proposed under the RCIP will be screened for impacts prior to financing to avoid and minimize any potential impacts on natural habitats or areas of ecological importance. If impacts may occur, however, an EMP will be prepared that would outline the necessary measures needed to mitigate and address them..

[ ] Pest Management (OP 4.09)

[ TBD] Cultural Property (OP 4.11)

The RCIP is not anticipated to result in impacts to cultural property in Mozambique and therefore does not trigger the policy. Mitigation clauses for avoiding potential impacts will be inserted into the civil works contracts to ensure that the necessary measures are in place during the construction and operational phase of the projects.

[x] Involuntary Resettlement (OP/BP 4.12)

Land acquisition for terrestrial facilities will likely trigger OP 4.12 Involuntary Resettlement considerations. However, in the case of Mozambique, all activities will be carried out in already existing buildings/infrastructures. This implies that no involuntary resettlement will be required as direct result of this project. However, potential loss of property may take place. A Resettlement Policy Framework (RPF) will be prepared for the overall program. If needed, specific costed RAPs will be prepared as necessary for the terrestrial facilities, in line with the RPF, once the exact locations of those facilities have been identified. The RPF will be submitted for Bank review and publicly disclosed in the affected countries and InfoShop prior to appraisal.

[ ] Indigenous Peoples (OP 4.10)

As the RCIP will cover a range of countries, some of which contain a number of ethnic and minority groups, it is important that the ESMF and RPF provide the institutional and applicable guidelines needed to safeguard the rights and livelihoods of these groups. The ESMF and RPF will outline the tools and mechanisms for undertaking EIAs and RAPs and the proposed measures needed to involve these groups in the consultative process. It is suggested that sub-projects not be financed where such groups are located. It should be noted that this policy is not triggered in the case of Mozambique.

[ ] Forests (OP/BP 4.36)

[ ] Safety of Dams (OP/BP 4.37)

[ ] Projects in Disputed Areas (OP/BP/GP 7.60)

[ ] Projects on International Waterways (OP/BP/GP 7.50)


1.4 OBJECTIVE OF THE ESMF

The main objective of this study is to develop options for the implementation of an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) to be used for the environmental and social screening and assessment of infrastructure project components to be funded within the framework of the third Phase of the RCIP, and in particular in Mozambique. This ESMF will build on the work conducted under Phase 1 and Phase 2, and will focus primarily on the necessary arrangements for Mozambique. In particular, this ESMF will focus on developing options for implementation of the ESMF which will serve as guidelines for the development of country- and project-specific Environmental Management Plans (EMP) and Resettlement Action Plans (RAPs). The framework will include criteria for the selection of sites for the construction activities of the projects under the Program and for the design of environmental and social impact mitigation measures. EMPs and RAPs will be required for any subproject that triggers the OP 4.01 and OP 4.12, in accordance with the relevant local legislation in Mozambique.


2 RCIP IMPLEMENTATION ARRANGEMENTS

2.1 REGIONAL COORDINATION

The overall connectivity initiatives in Eastern and Southern Africa need to be managed and coordinated both at national and regional levels. They also need to be coordinated with regard to activities financed by the World Bank Group as well as with activities privately funded, directly funded by governments, or funded by other development partners. The regional coordination is particularly relevant to ensure seamless connectivity, harmonize policy frameworks, and increase scale economies. The ultimate objective of the World Bank Group and its development partners is to support several projects aimed at linking Eastern and Southern African countries to one another and to the rest of the world by 2010. In this context, it is important to manage and keep track of ongoing national and cross-border infrastructure roll-outs and the harmonization of policy frameworks so that national policy frameworks converge towards a harmonized policy framework. It is expected that these convening frameworks will continue to be used for overall coordination, monitoring of progress in policy harmonization, and monitoring of progress in the roll-out of cross-border infrastructure.

2.2 INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS FOR MOZAMBIQUE

The MEGCIP will be implemented by the Ministry of Science and Technology (MCT), which operates under the Council of Ministers (CM) and the Inter-Ministerial Commission for Public Sector Reform (CIRESP). The MCT has the responsibility to lead the development and implementation of the national science, technology and innovation, ICT and eGovernment policy and strategy frameworks. MCT will coordinate and collaborate with the relevant sector ministries, in particular the ministries responsible for the communication infrastructures and regulatory frameworks (Ministry of Transportation and Communication - MTC) and the Reform of the public sector and service delivery (Ministry of Public Service - MPS), without omitting the crucial role of the other sector ministries, such as Education, Agriculture, etc. The organizational relationship of all institutions involved in the implementation arrangements is presented in Figure 2.1. The day-to-day operations of the MEGCIP will be implemented by a dedicated MEGCIP implementation team headed by a full-time Project Manager based at MCT. MCT will be strengthened by additional technical staff dedicated to its activities. These additional team members will be multidisciplinary but will focus on the additional skills required for the project, namely technical network design, procurement and design of competitive tender awards. The implementation of the different project components will be entrusted to MCT, MTC, the National Institute of Communications of Mozambique (INCM) and the Technical Unit for Implementation of the ICT Policy (UTICT).


Figure 2.1 Mozambique e-Government CIP structure institutional design ___



3 APPLICABLE INTERNATIONAL BEST PRACTICE FOR ENVIRONMENTAL

MANAGEMENT IN THE TELECOMMUNICATIONS SECTOR

This inventory of international best practice for managing potential environmental and social impacts in the telecommunications sector is designed to serve as a guideline for sustainable solutions that telecommunications operators can implement to avoid, minimize, and mitigate potential environmental and social impacts caused by the telecommunications facility construction, operation, and maintenance. The inventory covers the following areas: • Management measures for preventing, minimizing, and mitigating potential

environmental, health, and safety impacts associated with the telecommunications sector (i.e., impacts to natural habitat, migratory birds, and landscape aesthetics);

• Management of the telecommunications facilities and their potential effects on the environment (i.e., air emissions, hazardous materials management, and waste); and

• An overview of the potential risks of electromagnetic waves to human health.

3.1 TELECOMMUNICATIONS INFRASTRUCTURE

The physical infrastructures to be installed through the project should be limited to the installation of an Internet Exchange Point, National eGovernment Operation Centre and Community Multimedia Centres. However, the project may indirectly motivate the installation of other telecommunications equipment such as towers, and other related equipment.

3.1.1 Site Selection for IXP, National eGovernement Operation Centre and Community

Multimedia Centres

The installation of Internet Exchange Point, National eGovernment Operation Centre and Community Multimedia Centres are expected to take place in already existing government or public buildings. This will preclude the acquisition of new land sites. However, the visual impact of towers at Community Multimedia Centers will require attention, due to its visual impact. Nevertheless the site selection process should ensure that important or natural protected areas or habitats be avoided and comply with existing legislation.

3.1.2 Site Selection for towers

The site selection process provides the greatest opportunity to prevent or minimize potential environmental impacts from telecommunications towers. Locating towers on steep slopes, or ridges that require access roads up very steep slopes, should also be avoided because of potential erosion risks associated with the roads. Consideration should also be given to the visual impact of towers on the landscape


and efforts should be made to site towers to reduce visual impacts or use existing infrastructure to install transmission and reception devices (e.g., antennae). The site selection process should endeavor to avoid sites that are important and/or protected natural areas or habitats (e.g., wetlands, nature reserves, national parks). Tower siting is typically permitted in Protected Areas; however, such sitings are generally subject to special approval by the relevant Ministries and must comply with stricter conditions.

3.1.3 Tower Co-location/Sharing and Siting

The first principle to be applied by operators when considering the siting of new telecommunications tower facilities is to locate the new equipment on existing structures. Co-location of antennae on existing towers or other structures is standard practice in the United States and Europe to reduce the need for new towers and minimize environmental and visual impacts. In France, 80% of the new antennae in 2004 were situated on existing structures; only 20% of antennae necessitated construction of new infrastructure. Co-location is in the business interests of operators, as it reduces costs and maintenance burden.

3.1.4 Tower Design and Landscaping Criteria

New technologies and materials can minimize the visual impacts of towers, antennae, and supporting structures. For new freestanding towers, the following best practice is recommended: • The visual impact of the lower portions of towers can be mitigated by either

building shelters in the local architectural style or establishing plant screens. In cases where plant screens are to be installed, attractive native species should be utilized.

• In rural areas, towers and antennae can be camouflaged or disguised by constructing masts or towers that look like trees, as well as “hidden” in architecture (e.g., church steeples and bell towers).

For new antennae, the following best practice used by the French Association of Mobile Phone Operators (AFOM) is relevant: • Using colors and materials that resemble that of the existing structure on which

the antennae is being built helps harmonize the antennae with its surrounding environment;

• Preserving the local architecture style; • Taking into account the existing shapes and buildings in the area where the

antennae will be built (e.g., respecting vertical lines in a city); • Operators should avoid using mechanical “tilts” to direct radio waves towards

the zones to be covered (that are visible), instead using electrical “tilts” to direct the radiation, minimizing visual impacts; and

• When constructing new antennae on water towers, the three main operators in France have agreed to either place the new antennae on the side wall so that the new antennae merges with the side of the water tower; or install the new


antennae on a mast placed on the top center of the water tower. This unique approach minimizes the visual impact to the maximum extent possible.

3.1.5 Tower Height

In a number of countries, local legislation regulates the maximum height authorized for new freestanding towers in cities. Telecommunications policies, protocols, or general development policies in Canada set maximum tower height (e.g., 12 meters in the case of the City of Surrey, Canada, and 30 meters in the City of Guelph, Canada). New freestanding telecommunications tower proposals that exceed the maximum height are required to apply for a variance, which may or may not be granted5.

3.1.6 Guy Wires

Guyed towers cause higher mortality among birds than guyless towers due to increased surface area for potential collisions. The Gehring study reports that guyed towers kill close to ten time more birds than non-guyed towers6. The USFWS Guidelines encourage “using construction techniques which do not require guy wires (e.g., a lattice structure, monopole).” The USFWS recommends that “Tower designs using guy wires for support which are proposed to be located in known raptor or water bird concentration areas or daily movement routes, or in major diurnal migratory bird movement routes or stopover sites, should have daytime visual markers on the wires to prevent collisions by these diurnally moving species.” Daytime wire marking devices include marker balls, swinging plates, bird flight diverters, spiral vibration dampers, or other visible devices placed in various configurations depending on the line design and location.

3.2 ENVIRONMENTAL IMPACTS

3.2.1 Protected Areas

Telecommunications infrastructure installation must be avoided in natural protected areas. In cases where construction of infrastructure in protected areas is necessary, it is recommended that a payment for environmental services be required.

3.2.2 Lighting

Lights on towers and supporting infrastructure are likely the most important factor in bird mortality. Most migratory birds fly at night to avoid predators and are attracted to and/or disoriented by the lights, resulting in greater mortalities. This

5 City of Surrey, Canada, Policy for Telecommunication Towers, 2002, http://www.fcm.ca/english/documents/surrey.pdf

6 Scientific Basis to Establish Policy Regulation Communications Towers to Protect Migratory Birds, Land Protection Partners, 2005.


phenomenon is exacerbated on foggy or very low cloud ceiling nights, as the fog/mist further diffuses the light. The USFWS recommends that “If taller (>60 meters of 199 feet AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting required by the Federal Aviation Administration (FAA) should be used. Unless otherwise required by the FAA, only white (preferable) or red strobe lights should be used at night, and these should be the minimum number, minimum intensity, and minimum number of flashes per minute (longest duration between flashes) allowable by the FAA. The use of solid red or pulsating red warning lights at night should be avoided. Current research indicates that solid or pulsating (beacon) red lights attract night-migrating birds at a much higher rate than white strobe lights. Red strobe lights have not yet been studied.” Lighting towers is necessary when the towers are close to airports. Another impact avoidance strategy is to avoid or minimize the construction of new towers near airports or other areas where aviation activities would require lighting for public safety (i.e., the strategy in such locations should be to install necessary antennae on existing towers or other existing infrastructure - see below).

3.2.3 Air Emissions

In this sector, air emissions are caused mainly by the use of diesel-fueled emergency backup power generators, service vehicles, and cooling and fire suppression systems. Generally, the backup generators used are small and air emissions low; however, the use of a generator as a permanent source should be avoided. In the United States, the use of cleaner-burning liquid natural gas (LNG) (e.g., bottled gas or propane) is recommended instead of diesel when size allows. Regarding the cooling and fire suppression systems, best international practice recommends against the use of chlorofluorocarbons (CFCs) and halons. If the substitution is not possible, CFCs and halons should be managed by trained and certified personnel.

3.2.4 Hazardous Materials Management

The construction and operation of telecommunications infrastructure typically requires minimal use of hazardous materials; however, backup power systems such as batteries and emergency generators may require the handling and storage of certain hazardous materials (e.g., optical fibers, batteries, fuels, lubricating oils, and grease) that require special management measures. Batteries often contain sulfuric acid. Best practice recommends managing the disposal of spent sulfuric acid batteries (from storage to final disposal) as a hazardous material and waste. Another option is to use batteries that do not contain sulfuric acid. This solution is more expensive but presents fewer risks.


Spill prevention control and countermeasure plans and procedures are required to ensure the safe management of fuel and other hydrocarbon and chemical storage associated with the operation of backup generators. Best practice recommends secondary containment and overfills prevention.

3.3 SOCIAL IMPACTS

3.3.1 Indigenous Peoples

The development of infrastructure in indigenous peoples’ territories may constitute a risk for the customs and cultural traditions of these populations. The construction projects and the presence of workers in their territories can affect their customs and lifestyle, with a subsequent loss of identity.

3.3.2 Noise

Backup power generators are the main source of noise of telecommunications towers. Noise pollution can be minimized by locating the equipment in non-residential areas and using noise suppression shields and mufflers.

3.3.3 Occupational Health and Safety

Occupational health and safety hazards may occur during construction, maintenance, and operation of telecommunications facilities, and must be carefully managed. The occupational health and safety hazards include the following: • Electrical safety • Electromagnetic fields (EMFs) • Optical fiber safety • Elevated and overhead work • Fall protection • Confined space entry • Motor vehicle safety In particular, prevention and control measures must ensure that only trained and certified workers access the facilities or any area that could present occupational health and safety hazards, with the necessary safety devices and respect for minimum setback distances. Injuries related to electric shock should also be prevented, minimized, and controlled. Furthermore, workers in proximity to electric power lines are more likely to be affected by EMFs than the general population. Best practice recommends that an appropriate EMF safety program be developed and implemented. This should include: • Identification of EMF exposure levels at various work sites; • Provision of training to workers;


• Establishment of safety zones where potential levels of exposure would be higher than those acceptable for the general population and that only trained workers should be allowed to enter; and

• Development of plans to limit exposure levels within admissible levels developed by organizations such as the International Commission on Non-Ionizing Radiation Protection (ICNIRP).

3.4 ENVIRONMENTAL AND SOCIAL MONITORING

Environmental and social monitoring should address all possible effects that the telecommunications sector could have on the environment. Environmental and social monitoring should encompass vegetation loss, effects on natural terrestrial and aquatic habitats, erosion, air and water quality, EMFs, and bird mortality as well as social surveys, impacts on indigenous peoples, traffic safety and health, and other occupational safety issues. To monitor the impact of towers and masts on migratory birds, the USFWS in the United States requests that operators allow USFWS personnel or researchers to access the site to evaluate bird presence and search for dead birds. Researchers are authorized to set up radar and other necessary equipment to assess and verify bird movements to gather information on the effects of the towers on birds. At the time of this report, the North American telecommunications industry was resisting full adoption of these practices, but it would be advisable for all countries included in the RCIP Phase 3 to promote them.

3.5 PUBLIC CONSULTATION AND COMMUNICATION

It is recommended that operators and local authorities hold discussions before rolling out plans and specific development proposals. The Planning Policy Guidance for Telecommunications developed by the United Kingdom Department for Communities and Local Government in 2006 recommends that discussions also take place with other organizations that have an interest in the project, such as environmental organizations, residential groups, and community groups. In particular, local authorities should consult with potentially affected schools and colleges before installing a mast or tower in their vicinity. In residential areas, it is also best practice for operators to openly communicate about projected plans and impacts by means of public meetings or publication of impacts (particularly visual ones). Open communication through local city council meetings and local community zoning laws pertaining to cell tower construction are routinely carried out in the telecommunications sector in the United States. When the sub-projects are located in indigenous reserves, the indigenous peoples must be consulted in a culturally appropriate way and their concerns and suggestions included in the project. Measures must be designed to minimize, mitigate, and, when necessary, compensate these populations with social benefits, sustainable economics, and culturally appropriate. A system for communicating


and presenting concerns and issues must be established and maintained during the operation of the project, and indigenous peoples assisted.


4 LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK

4.1 LEGISLATIVE REQUIREMENTS FOR ENVIRONMENTAL MANAGEMENT

This section provides a general overview of the applicable legal frameworks in Mozambique, including the laws and regulations for environmental management and related sector laws and requirements for environmental impact assessment studies. The Constitution of the Republic of Mozambique (as amended in 2004) defines the right of all citizens to live in a balanced natural environment and their obligation to protect it (Article 90). Furthermore, the State is required to promote initiatives that ensure ecological balance and preservation of the environment; and implement policies to prevent and control pollution and integrate environmental objectives in all public sector policies to guarantee citizens the right to live in a balanced environment under a sustainable development framework (Article 117 of the Constitution).

The National Environmental Policy, approved by Resolution No. 5/95 of December 6, 1995, laid the foundations for all ancillary environmental legislation. As per its Article 2.1, the main purpose of said policy is to ensure sustainable development by way of an acceptable compromise between the country’s socioeconomic development and environmental protection. Such policy shall ensure the management of the country’s natural resources - and of the environment in general - so that these resources are preserved for present and future generations. The Environment Law (Law No. 20/97, of October 7, 1997) defines the legal basis for the sound use and management of the environment as a means to safeguard sustainable development in the country. The Law applies to all activities in both public and private sectors that may directly or indirectly affect the environment. Relevant core principles for environmental management contained in the National Environmental Policy and in the Environment Law include: • Management of the environment so that it improves citizens’ quality of life and

protects biodiversity and ecosystems; • Recognition and valuing of local communities’ traditions and knowledge; • Prioritization of systems that prevent environmental degradation; • A holistic and integrated perspective of the environment; • The importance of public participation; • The principle of “polluter pays;” and • The importance of international cooperation in ensuring appropriate

environmental management. As per Article 8 of the Environment Law, the Government of Mozambique is required to create adequate mechanisms for public participation in environmental management, from the drafting of environmental policies and legislation to implementation.


Article 9 of the same law proscribes the production and deposit of any toxic or polluting substances in the nation’s soils, sub-soils, water, or the atmosphere, and prohibits the undertaking of activities likely to accelerate erosion, desertification, or any other form of environmental degradation beyond the legally established limits. Environmental Impact Assessment

According to the Environment Law, the EIA is an instrument to assist the government of Mozambique in decision making regarding the issuing of environmental licenses for development projects. The issuing of an environmental license precedes any other required legal licenses. The EIA Regulations, approved by Decree No. 45/2004 of September 29, 2004, are applicable to all activities in the public and private sectors. As also prescribed in the World Bank Environmental Assessment Guidelines, the Mozambican EIA Regulations (Article 3) employ three project categories to identify the appropriate level of environmental assessment (EA), namely:

• Category A: projects that could have significant impacts due to the nature of the proposed activities or the sensitivity of the area, requiring a full EIA (including EMP). An Annex of the EIA Regulations lists the types of projects classified as Category A projects.

• Category B: projects that would have negative impacts with lower duration, intensity, extension, magnitude and/or significance, requiring a simplified EA.

• Category C: projects that do not require any EA. Environmental Protection through Sectoral Laws

Water Resources

Water resources management in Mozambique is defined by the National Water Policy, approved by Resolution No. 7/95 of August 8, 1995, and by the Water Law (Law No. 16/91August 3, 1991). As per Article 18 of the Water Law, Regional Water Administration bodies are responsible for managing the water resources in the river basin for which they are regionally responsible. The Water Law defines the basis for water resources management, the “user pays” and “polluter pays” principles, and the regime governing water use concession and licenses. These factors are defined based on environmental sustainability principles. Article 54 of the Water Law foresees the enactment of a regulation on effluent quality standards for receiving water bodies, treatment technologies, systems, and methods. This regulation is also addressed in the Environmental Law.


The Emissions Standards Regulations govern water quality standards for agricultural use and recreational purposes as well as emissions standards for industrial and domestic effluent.

Water standards for human consumption are contained in the Regulations on Water Quality for Human Consumption, approved by Ministerial Statute No. 180/2004 of September 15, 2004. These Regulations apply to potable water supply systems for human consumption, including surface and ground water used for direct consumption or for the production of water for human consumption. The Ministry of Health is the authority responsible for ensuring quality control of water for human consumption. Atmospheric Emissions and Air Quality

Article 9.1 of the Environment Law prohibits the release of any polluting and toxic substances to the atmosphere beyond legally established limits. The Emissions Standards Regulations define the pollutants’ threshold parameters as well as core parameters that characterize air quality. Solid waste management

As stated above, the Environment Law prohibits the disposal of pollutants in soils or sub-soils and the release of pollutants to the atmosphere or in water bodies beyond legally established limits. Article 9.2 of said law also prohibits the import of hazardous waste to Mozambican territory. In addition, the Water Law prohibits the accumulation of solid wastes or any substances that contaminate or are likely to contaminate water resources (Article 53). Protection and Conservation Areas and Biodiversity

The Land Law, approved by Law No. 19/97 of October 1, 1997, classifies land in the public domain into total and partial protection zones. As per Article 7 of said statute, total protection zones are those reserved for nature conservation, defense, and national security activities. Article 4 of the Land Law Regulations, approved by Decree No. 66/98 of December 8, 1998, states that the legal framework applicable to total protection zones shall be defined in separate regulations. Pursuant to Article 8 of the Land Law, partial protection areas include the territorial seas, Economic Exclusive Zone, and continental platform as well as the coastline, islands, bays, and estuaries up to 100 meters inland of the maximum high tide mark (Article 8). In accordance with Article 9 of the Land Law, the use of land in total and partial protection zones requires the issuance of specific licenses for such purpose. Furthermore, approval by the relevant authorities of public infrastructure construction projects, such as the installation of petroleum and gas pipelines, entails the automatic creation of a partial protection zone of 50 meters beyond the relevant area (Article 6.1 [d] of the Land Law Regulations). Article 10 of the Forestry and Wildlife Law, approved by Law No. 10/99 of July 7, 1999, defines protection zones as areas within the national boundaries that are representative of the national natural heritage, are designated for biodiversity


conservation, have fragile ecosystems, or are designated for the conservation of animal and plant species. Pursuant to Article 11 of the Forestry and Wildlife Law, National Parks are total protection areas reserved for natural ecosystem preservation, development, and conservation, as well as for the protection of sites with scientific cultural, or esthetical value that are representative of the national heritage. Unless for scientific reasons, or as management requirements, the following activities within National Park boundaries are prohibited: • Hunting within the limits of Park boundaries; • Forestry exploitation, agriculture, mining, or livestock rearing; • Surveying or prospecting for minerals; drilling or building of landfills; • All developments likely to alter the aspect of the area or the characteristics of

vegetation; cause water pollution; or any activity likely to disturb of flora and fauna; and

• The introduction of indigenous, imported, wild, or domestic zoological or botanical species.

Cultural Heritage

The Cultural Heritage Protection Law, approved by Law No. 10/88 of December 22, 1988, legally protects the “material and non-material goods, created or integrated by the people of Mozambique along the course of their history, with relevance for the definition of Mozambican cultural identity.” The cultural goods include monuments; buildings with historical importance; artistic and scientific places or sites (with archaeological, historic, aesthetic, technologic, or anthropologic value); and natural elements (physical and biological formations) with particular scientific and aesthetic interest. The Bazaruto Archipelago is specified in this Law as an example of a natural site of aesthetic and scientific interest. Article 13 of this Law specifies that in the event of the discovery of any site, building, object, or document likely to be classified as cultural heritage, the administrative authorities must be notified within 48 hours (Article 10).

4.2 LEGISLATIVE REQUIREMENTS FOR TELECOMMUNICATIONS SECTOR

This section provides a general overview of the applicable legal frameworks in Mozambique for regulation of the telecommunications industry. Law 14/99 of November 1, 1999, governs the establishment, management, and exploration of telecommunications networks, as well as the rendering of telecommunications services. It repeals Law 22/92 of December 31, 1992. In particular, the law: • Classifies the various types of services and networks;


• Defines the powers of government and the regulating authority Instituto Nacional das Comunicacoes de Mocambique (The National Communications Institute of Mozambique) in the field of telecommunications;

• Covers licensing and registration of networks, as well as the cancelling of licenses;

• Article 33 lays out the obligations of operators and suppliers of telecommunications services.

Decree 22/97 of July 22, 1997, approves the Regulation of Access to and Exercise of Complementary Telecommunications Services. Article 2 of the Regulation sets forth the objective and scope of the provisions. The following decrees apply to the telecommunications sector:

Box 4.6 Applicable decrees regarding telecommunications sector in Mozambique

4.3 INSTITUTIONAL ARRANGEMENTS FOR THE TELECOMMUNICATIONS AND

ENVIRONMENTAL SECTOR IN MOZAMBIQUE

This section identifies the national organizations involved in the telecommunications sector; the protection of the environment, natural habitats, and natural and cultural resources; and agencies in charge of the application, enforcement, and effective control of the regulations and norms in these areas.

• Regulamento Básico de Utilização de Radiocomunicações, Dec. n.º 23/93, de 5 de Outubro

• Regulamento de Autorização e Licenciamento de Estações e redes de radiocomunicações, Diploma

Ministerial n.º 115/94, de 8 de Setembro

• Estatuto Orgânico do INCM

• Regulamento de Licenciamento, Dec. nº 33/2001, 6 de Novembro

• Regulamento de Interligação, Dec. nº 34/2001, 6 de Novembro

• Regulamento de Numeração, Dec. nº 35/2003, 24 de Setembro

• Regulamento de Infracção e Multas Aplicáveis ao Regime de Interligação, Dec. nº 43/2004, 26 de

Setembro

• Regulamento de Infracção e Multas Aplicáveis ao Regime de Licenciamento, Dec. nº 44/2004, de 26

de Setembro

• Regulamento de Taxas Radioeléctricas, Dec. nº 63/2004, de 29 de Dezembro

• Regulamento de Taxas de Telecomunicações, Dec. nº 64/2004, de 29 de Dezembro

• Lei Base das Telecomunicações, Lei nº 8/2004, de 21 de Julho

• Regulamento do Fundo do Serviço de Acesso Universal, Decreto n.º 69/2006, de 26 de Dezembro

• Diploma Ministerial n.º 79/2007, de 4 de Julho


Table 4.1 Role and responsibilities of institutions and regulatory agencies in

Mozambique for RCIP

Institution / regulatory

agency

Role

The Environmental Action Coordination Ministry (MICOA)

MICOA was created by Presidential Decree No. 2/94 of December 21, 1994. It is the authority over environmental issues at a central level. At the provincial level, it is represented by Provincial Directions to Environmental Action Coordination. The Environmental National Policy, approved through the Resolution nr. 5/95 of August 3, 1995, strengthens MICOA’s role as the entity responsible for coordinating, assisting, controlling, and evaluating the natural resource usage in the country; and assuring the integration of environmental variables in planning and socioeconomic development management processes.

Ministério dos Transportes e Comunicações (Ministry of Transport and COmmunications)

The Ministry is responsible for overall policy and decision making regarding transport and communication policies.

Instituto Nacional das

Comunicacoes de

Mocambique (The National Communications Institute of Mozambique)

The National Institute of Communications of Mozambique is the regulatory agency for the telecommunications sector in Mozambique. It was established by Law 14/99 of November 1, 1999.



4.4 GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS

To ensure that the ESMF will be effectively implemented in Mozambique it is important to determine whether the legislative structures are adequate for effective environmental management and whether these legislative structures support the World Bank’s safeguard policies. Based on the comparison table below, it is evident that the legislation in Mozambique provides sufficient basis for EIAs and EMPs to be completed for proposed activities under the MEGCIP. It is also apparent that the relevant institutions are in place to ensure effective implementation and monitoring of the required environmental measures, in compliance with national law and World Bank safeguard policies. The World Bank requires that all projects comply with national law, but where there is conflict and gaps exist, World Bank policies take precedence, except in cases where national standards are more stringent (e.g., air emissions or effluents). Recommendations for updating relevant Mozambican legislation under the

RCIP

As outlined in the previous section, the main law for environmental protection in Mozambique is Environmental Law, Law 20/1997 of 1 October 1997, which lays out the general legal framework for environment protection and management. The Decree No. 45/2004 that regulates the EIA process for any development project. There are no specific national guidelines for addressing the categories and significance of impacts related to the telecom sector. Under the current arrangements, the EIA guidelines are the only basis by which environmental and social impacts of a proposed project (including those in the telecom industry) are identified and assessed. In order to ensure that local EIAs that will be prepared for subprojects to be financed under the RCIP adequately address the types of impacts related to telecom projects, the ESMF proposes that the RCIP allocate a budget for preparing environmental, health and safety guidelines for the telecom sector which can be applied in the local context of Mozambique. These will be based on the IFC’s EHS Guidelines for Telecommunications. The budget which is outlined in Section 10 can be included under the RCIP Component 1 – Enabling Environment. This fits into the purpose of this component which is to provide capacity building support to the key agencies of government concerned with the project, MCT, INCM, MTC and UTICT.



Table 4.12 Gap assessment and comparison of legislation between Mozambique and WB/IFC requirements

Issue Mozambique WB / IFC safeguard requirements

Gaps/Conflicts

An EIA is required for proposed infrastructure activities.

EIA required by Environment Law No. 20/97 of October 7, 2007, and Decree No. 45/2004. The Regulation for the EIA process (Decree No. 45/2004) classifies the projects into 3 categories: A full EIA is required for Category A. A Simplified EIA is required for category B and no EIA is required for Category C.

Under the OP 4.12, a full EIA is required for all projects screened as Category A. For Category B projects, some form of environmental assessment is required, usually less rigorous than a full EIA and often taking the form of an Environmental Management Plan (EMP).

No gaps or conflicts exists between Mozambican legislation and WB/IFC safeguards requirements

Environmental authority must provide an environmental permit for projects prior to appraisal.

The issuing of an environmental license shall precede any other required license.

OP 4.01 requires the approval and disclosure of EIAs by the relevant government authority.

In both processes the disclosure takes place before approval and therefore any raised concern is dealt with before project approval.

National guidelines and standards exist for Occupational Health and Safety (OHS).

OHS legislation in place; (Law No. 23/2007 of 1 August 2007 ) and implementation the responsibility of Ministries of Labor and, Health. Safety standards guidelines for Environmental Quality and Effluent Emission are in place (Degree No. 18/2004 of 2 June 2004. and the implementation is under responsibility of the Ministry for Coordination of Environmental Affairs.

The guidelines for OHS provided under the IFC Occupational, Health, and Safety Guidelines should be applied for all infrastructure projects.

Mozambique has not prepared specific standards for management of wastes (batteries), electromagnetic exposure and noise emissions for the telecom industry. Therefore, World Bank standards (IFC OHS guidelines and IFC Environmental, Health and Safety guidelines for Telecommunications) can be applied. National environmental standards (Decree No. 18/2004 of 2 June 2004 developed for other industries (Air emissions, Power Industry, batteries for vehicle and plastic exists and can be applied).


5 IMPACT ASSESSMENT AND MITIGATION MEASURES

This section describes the potential positive and negative environmental and social impacts of the project based on the understanding of the types of activities to be financed under the Program, as described in Chapter 1. These impacts will be more clearly defined in the EMPs to be developed for each sub-project once the Program is implemented. Chapter 5 below describes the process for screening proposed activities and the measures necessary to prepare Environmental Management Plans (EMPs) to address potential environmental and social impacts/issues likely to arise from Project activities.

5.1 POSITIVE ENVIRONMENTAL IMPACTS AND SOCIOECONOMIC BENEFITS

Telecommunications plays a major role in economic, social, and cultural growth and development. The main socioeconomic benefits of improved telecommunications services include: • Shared towers allowing price and service advantages to consumers

through competition, unlike many other public utilities; • Greatly extended geographic and socioeconomic range of

users/consumers; • Greatly extended geographic and socioeconomic range of non-voice or

data services; and • Provision of employment to small-scale entrepreneurs who can afford

their own service and provide 'per call' service to those who can't. Moreover, integration of environmental enhancements in the design of the Project can also result in environmental benefits. Potential enhancements may include: • Recycling of waste materials; • Investment in new technology that does not contain hazardous materials;

and • Environmental awareness regarding the use of local material supply in a

sustainable manner.


5.2 POTENTIAL NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS

5.2.1 Impact categories

The potential negative impacts associated with telecommunications can be divided into three broad categories: • Impacts associated with the manufacture of telecommunications

equipment; • Impacts associated with the installation of telecommunications systems

(e.g., antenna/mast erection, cable laying, telephone pole erection, construction of exchange buildings);

• Impacts associated with operation and maintenance of the telecommunications systems (e.g., energy consumption, maintenance of telephone exchange systems and cables, generation of hazardous wastes)

5.2.2 Types of potential issues related to the Project

Environmental issues in telecommunications projects primarily include the following: • Terrestrial habitat alteration; • Aquatic habitat alteration; • Migratory birds; • Visual impacts; • Electric and magnetic fields; • Hazardous materials and waste; • Spills and accidental release of fuel; • Emissions to air; and • Noise. The project is not expected to have any significant negative social impacts. The only potential impact is associated with land acquisition for the construction of telecommunications and ancillary infrastructure, such as access roads, which could prompt the need for involuntary resettlement of the affected populations, but these investments are currently not included in the project design. This potential impact is considered very unlikely, however, given that even if there are limited telecommunications investments, most of the proposed telecommunications facilities are expected to be constructed alongside existing infrastructure and ROWs, such as roads and power transmission lines. The environmental impacts expected from this project are moderate to minimal. The backhaul/backbone and rural ICT components, currently not included in the project, are the only aspects likely to have some environmental impact, either due to temporary disruption during the construction of ducts for laying the fiber optic networks or the construction of ancillary infrastructure (e.g., access roads associated with towers for microwave links and rural wireless systems).


Table 5.1 outlines the potential environmental and social impacts associated with the telecommunications industry. These are based on IFC’s EHS Guidelines for Telecommunications and the European Bank for Reconstruction and

Development (EBRD)’s Sub-sectoral Environmental Guidelines for Telecommunications.

Copies of IFC’s EHS guidelines for Telecommunications (draft version, November 2006) and IFC’s General Environmental, Occupational, Health and Safety Guidelines are attached as Annex 1 and 2, respectively, and should be used as guidance notes when preparing the impact assessment and mitigation plans for the sub-project-specific EMPs.

5.3 POTENTIAL OCCUPATIONAL, HEALTH AND SAFETY RISKS

Occupational health and safety risks or hazards in telecommunications projects generally include the following: • Electrical safety; • Electromagnetic fields (occupational); • Optical fiber safety; • Elevated and overhead work; • Falls; • Confined space entry; and • Motor vehicle safety. Occupational health and safety hazards common to other types of construction sites may also arise during construction. Measures to address these issues at a sub-project level are discussed in Chapter 6 and 7. The IFC guidelines attached in Annex 1 and 2 provide detailed guidance on the OHS measures that should be put in place during construction and operation of the Program.

5.4 ENVIRONMENTAL AND SOCIAL MONITORING

Environmental monitoring programs for this sector should be implemented to address all activities that have potentially significant impacts on the environment during normal operations and upset conditions. Environmental monitoring activities should be based on direct or indirect indicators of emissions, effluents, and resource use applicable to the particular project. Monitoring frequency should be sufficient to provide representative data for the parameter being monitored. Monitoring should be conducted by trained individuals following monitoring and record-keeping procedures and using properly calibrated and maintained equipment. Monitoring data should be


analyzed and reviewed at regular intervals and compared with the operating standards so that any necessary corrective actions can be taken (IFC, 2006).


Table 5.1 Potential environmental and social impacts and proposed mitigation measures

Issue Potential Impacts

Mitigation Measures

Terrestrial habitat alteration

Terrestrial and aquatic habitats may be altered during the construction of communications infrastructure depending on the type of infrastructure component and proposed location. Major habitat alterations are not expected since most activities will use existing building and transmission lines. Potential impacts to habitat may be more significant during construction and installation of linear infrastructure, such as long-distance fixed-line cables, as well as access roads to other types of infrastructure along previously undeveloped land.

Recommended measures to prevent and control impacts to terrestrial habitats during construction of the right-of-way include: • Site fixed line infrastructure (e.g., fiber optic cable) and other

types of linear infrastructure rights-of-way, access roads, lines, and towers to avoid critical habitat through use of existing utility and transport corridors whenever possible;

• Avoid construction activities during the breeding season and other sensitive seasons or times of day;

• Revegetate disturbed areas with native plant species; and • Manage construction site activities as described in relevant

sections of IFC’s General EHS Guidelines.

Migratory birds The height of some television and radio transmission towers can pose potentially fatal risk to birds, mainly through collisions. The likelihood of avian collisions is thought to increase with the height and design of the communications tower (e.g., guyed towers represent a higher potential for collisions); the presence of tower lighting (attracts some species of birds at night or during low light conditions); and, most importantly, the tower location with regard to flyways or migration corridors. These impacts are expected to be minimal Mozambique, because implementation of activities will take place in existing infrastructure.

Recommended prevention and control measures to minimize avian collisions include: • Siting towers to avoid critical habitats such as nesting grounds,

heronries, rookeries, foraging corridors, and migration corridors; • Avoiding the cumulative impact of towers by co-locating

antennae on existing towers or other fixed structures (especially cellular telephone communication antennae), designing new towers structurally and electrically to accommodate future users, and removing towers no longer in use;

• To the extent feasible, limiting tower height and giving preference to non-guyed tower construction designs (e.g., using lattice structures or monopoles);

• If guy wired towers are located near critical bird habitats or migratory routes, installing visibility enhancement objects such as marker balls, bird deterrents, or diverters on the guy wires; and

• Limiting the placement and intensity of tower lighting systems to those required to address aviation safety.



Mitigation Measures

Aquatic habitats Depending on their location, the installation of fixed line components, including shore approaches for long-distance fiber optic cables, and access roads to transmission towers and other fixed infrastructure may require construction of corridors crossing aquatic habitats with the potential to disrupt watercourses, wetlands, coral reefs, and riparian vegetation. These impacts are also expected to be minimal or will not change significantly the habitats because the activities will use the existing infrastructure.

Recommended measures to prevent and control impacts to aquatic habitats include: • Site power transmission towers and substations to avoid critical

aquatic habitat such as watercourses, wetlands, and riparian areas, as well as fish spawning habitat and critical fish over-wintering habitat whenever possible;

• Maintaining fish access when road crossings of watercourses are unavoidable by utilizing clearspan bridges, open-bottom culverts, or other approved methods;

• Minimizing clearing and disruption to riparian vegetation; and • Management of construction site activities as described in the

relevant sections of IFC’s General EHS Guidelines.

Visual impacts The visual impacts of tower and antennae equipment may depend on the perception of the local community as well as the aesthetic value assigned to the scenery (e.g., scenic and tourism areas). In some cases, especially in rural areas, visual impacts of towers can be significant and may be important.

Recommendations to prevent, minimize, and control visual impacts include: • Minimizing construction of additional towers through co-

location of proposed antennae in existing towers or existing structures such as buildings or power transmission towers;

• Use of tower and antennae camouflaging or disguising alternatives such as masts or towers designed to look like trees; and

• Taking into account public perception about aesthetic issues by consulting with the local community during the siting process of antenna towers.



Mitigation Measures

Hazardous materials and waste

Telecommunications processes do not normally require the use of significant amounts of hazardous materials. However, the operation of certain types of switching and transmitting equipment may require the use of backup power systems consisting of a combination of batteries (typically lead-acid batteries) and diesel-fueled electricity backup generators. Operations and maintenance activities may also result in the generation of electronic wastes such as nickel cadmium batteries and printed circuit boards from computer and other electronic equipment as well as backup power batteries.

Recommended hazardous materials management actions include: • Implementing fuel delivery procedures and spill prevention and

control plans applicable to the delivery and storage of fuel for backup electric power systems, preferably providing secondary containment and overfill prevention for fuel storage tanks;

• Implementing procedures for the management and disposal of lead acid batteries, including temporary storage, transport, and final disposal. Lead-acid batteries should be managed as a hazardous waste as described in IFC’s General EHS Guidelines; and

• Purchasing electronic equipment that meets international phase-out requirements for hazardous materials content and implementing procedures for the management of waste from existing equipment according to the hazardous waste guidance in IFC’s General EHS Guidelines.

Emissions to air Emissions from telecommunications projects may be primarily associated with the operation of vehicle fleets, use of backup power generators, and use of cooling and fire suppression systems.

Recommended management actions to minimize emissions include: • Implementation of vehicle fleet and power generator emissions

management strategies as described in IFC’s EHS Guidelines and avoiding the use of backup power generators as a permanent power source, if feasible; and

• Ensuring that fire suppression systems use ozone-friendly technology.

Noise The principal source of noise in telecommunications

facilities is associated with the operation of backup power generators.

Recommended noise management action includes the use of noise suppression shields and mufflers as well as the location of noise generating sources away from residential or other noise sensitive receptors to meet the noise emissions levels provided in IFC’s General EHS Guidelines.



Mitigation Measures

Electric and magnetic fields

Electric and magnetic fields (EMF) are invisible lines of force emitted by and surrounding any electrical device, such as power lines and electrical equipment. Electric fields are produced by voltage and increase in strength as the voltage increases. Magnetic fields result from the flow of electric current and increase in strength as the current increases. Radio waves and microwaves emitted by transmitting antennas are one form of electromagnetic energy. Radio wave strength is generally much greater from radio and television broadcast stations than from cellular phone communication base transceiver stations. Microwave and satellite system antennas transmit and receive highly concentrated directional beams at even higher power levels. Although there is public and scientific concern over the potential health effects associated with exposure to EMF (not only high-voltage power lines and substations or radio frequency transmissions systems, but also from everyday household uses of electricity), there is no empirical data demonstrating adverse health effects from exposure to typical EMF levels from power transmissions lines and equipment. However, while the evidence of adverse health risks is weak, it is still sufficient to warrant limited concern.

Recommendations applicable to the management of EMF exposures include: • Evaluating potential exposure to the public against the reference

levels developed by the International Commission on Non-Ionizing Radiation Protection (ICNIRP);

• Average and peak exposure levels should remain below the ICNIRP recommendation for General Public Exposure;

• Limiting public access to antennae tower locations; • Following good engineering practice in the siting and installation

of directional links (e.g., microwave links) to avoid building structures; and

• Taking into account public perception about EMF issues by consulting with the local community during the siting process of antenna towers.



Mitigation Measures

Indigenous Communities

The development of infrastructure in indigenous territories could pose a risk to the traditional culture and practices of indigenous populations. Construction works and the presence of foreign workers in their territories could affect their lifestyles and customs and cause subsequent identity loss. This impact is unlikely to occur in Mozambique because proposed activities will take place in existing buildings in the urban areas and villages in rural areas.

Recommendations applicable to the management of projects in Indigenous Territories include: • Avoid the construction of telecommunications towers/masts in

indigenous reserves and/or other locations that may affect indigenous peoples;

• If a tower/mast is installed in an indigenous reserve or territory, the sub-project must comply with the World Bank Safeguard Policy OP 4.10;

• Prepare an Indigenous Peoples Plan and implement specific measures to mitigate impacts and increase socioeconomic benefits of projects in a culturally appropriate way; and

• Implement a prior, free, and informed consultation process and include concerns and suggestions of the affected population in the project.

Land acquisition and modification of land use

Road construction to access sites in remote rural areas may require land acquisition. In Mozambique land cannot be acquired, but compensation to property loss can take place. Land from indigenous reserves cannot be leased, transferred, or sold to non-natives; therefore, access roads will be constructed in these areas only after public consultations and agreements with the community. This may cause changes in their usual lifestyle. Constructing access roads in rural, undeveloped, or remote lands converts land use (i.e., from agricultural to transport) and facilitates access to previously non-colonized areas (i.e., clearing of forests for colonization).

Recommended measures to mitigate impacts on land use and acquisition: • Prevent access and forest clearing of undeveloped areas for

colonization; • Avoid road construction by the use of existing accesses; • When construction of access roads is imminent, minimize road

length to a pathway for colonization of new areas; • Camouflage the road entrance with local vegetation or similar

landscape features; and • Provide local people with information on the secondary impacts

associated with road access construction.



Mitigation Measures

Cultural and archaeological findings

During construction works, archaeological findings may be encountered and potentially damaged or broken. Culturally sensitive areas (i.e., where cultural practices occur) may become affected both by construction and operation works, by modifying the religious or cultural value of a certain area.

Recommended mitigation measures: • Towers should not be constructed on sites with high probability

of existing critical archaeological findings; • Assess the potential for existence of physical cultural resources

during site selection; • If physical cultural resources may be lost, implement full site

protection; • Make provisions for managing chance finds, salvage, and

documentation; • In other sensitive sites, have experts supervise construction

works and stop work for removal in case findings are encountered;

• Train personnel to recognize findings and notify supervisor; • Protect finding prior to removal and immediately report to

supervisor for coordination with expert from local cultural heritage authority; and

• Control access to site where finding occurred.

Public safety Communities may be exposed to structural safety risks in the event of structural failure of masts or towers, especially in vulnerable areas such as those prone to earthquakes, flooding, or landslides.

Recommended mitigation measures to minimize risks to the surrounding communities: • Assess risk of erosion during site selection (i.e., soil

characteristics, topography, climate, etc.); • Do not site towers in areas with high risk of natural disasters:

(landslides, earthquakes, flooding, or slopes >30º); • If location in residential area is necessary, respect the required

distance between mast and closest residential building; and • Design and install tower structures and components according to

good international industry practice.



Mitigation Measures

Aircraft security Antenna towers located near airports or known flight paths can pose a risk to aircraft navigation security through collision with masts or towers or through radar interference.

Recommended measures to minimize risks posed by aircraft collisions: • Avoid sites that fall within the area ruled by Aviation Agency

regulations; • If siting within the aviation agency area is required, comply with

the agency’s design and construction requirements; • Consultation with aviation agency prior to installation and

adherence to national air traffic safety regulations; • Use strobe lights and other safety devices as required by the

Aviation agency guidelines; and • Mainten of security devices.

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6 SUB-PROJECT SCREENING, REVIEW AND APPROVAL

This section outlines the screening, review, and approval process for activities to be financed under the RCIP phase 3, and in particular in Mozambique, and subsequent RCIP phases. This is consistent with the approach proposed under the ESMF prepared for the phase 1 and 2 countries. As the locations for the sub-projects are not clearly identified at this stage, it is important to have the appropriate tools in place to assist the RCIP implementing agencies in screening these activities for potential impacts and to provide guidelines for implementing measures to effectively address them. In addition, the following section provides a “harmonized” approach to the screening and appraisal process for sub-projects so that it can be applied to several countries to be included in the RCIP. Once the sub-projects have been identified and locations selected, the RCIP should use this section as the guideline to screening sub-projects and implementing the appropriate measures while ensuring adherence to all respective legislative requirements for screening and EIAs.

6.1 IMPLEMENTING AGENCIES

For Mozambique, The Ministry for Science and Technology (MCT) will be the agency responsible for implementing the ESMF. It is advised that an Environmental Specialist be assigned to the executing agency (MCT). This is furthered defined in Section 9.

6.2 SCREENING AND REVIEW PROCESS

The following Figure 6.1 illustrates the process for screening and review of sub-projects in each country.

(6) Screening of sub-project activities

Once the sub-project activity is defined and the location selected, a screening form will need to be filled out by the Proponent. The form will allow for identification of the potential environmental and social impacts associated with the proposed activity. As the ESMF and RPF should be utilized in tandem, the screening form will also allow for the identification and assessment of impacts related to potential land acquisition and involuntary resettlement. A template for screening is provided in Annex 3.

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Figure 6.1 Proposed Screening, Review and Appraisal Process

� Identification of subproject � Screening determination (low or high risk)

Subproject Appraisal � Carry out a

subproject specific EA study

� Develop subproject specific EMPs (and RAPs if applicable)

� Apply environmental conditions in contract agreements

Subproject Appraisal Process

Application for subproject by Proponent

Subproject Approval

Subproject Implementation

Corresponding Safeguard Requirements

Step 1: Subproject Screening

Low risk High risk Step 2: Impact assessment � Develop generic

mitigation and monitoring measures for subproject sectors


Step 3: Environmental and social review

Step 4: Subproject implementation

� Implement mitigation measures under the EMP (and RAP) for subprojects

� Training of project staff, local govt officers, and communities in EMP (and RAP) implementation

Step 5: Environmental and social monitoring

� Monitor environmental and social compliance, pollution abatement, and EMP (and RAP) implementation

� Carry out annual environmental and social audits for subprojects

Subproject Monitoring

� EMPs (and RAPs) reviewed by local Environmental and Social Specialists (or technical service providers e.g. NGOs)

� Subproject approved on the basis of environmental and social review findings

Medium risk

� Develop and implement an EMP for each subproject


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(b) Scoping and field appraisal

Based on the information provided in the screening form, the reviewer (i.e., the relevant environmental ministry official/authority) will make a decision as to whether the sub-project will require a more detailed investigation of the impacts through a field appraisal. Data gathering will be achieved through observation and use of professional expertise; in some cases, interviews with local people could provide information regarding human use values and/or environmental significance. As part of the field appraisal, the Proponent shall identify the major stakeholders/community groups within the affected area that are likely to be affected. A list of potentially affected groups will be compiled and appended to the appraisal report.

© Assessment and classification of impacts

Based on the screening form and field appraisal (when required), the impacts are classified based on their risk category and a decision is made as to whether the sub-project will: a) Require an EIA study and/or RAP, since the impacts qualify as being high-risk

and significant and may result in land acquisition and/or involuntary resettlement;

b) Require only an EMP, since the impacts are not significant and can be easily addressed through the implementation of a mitigation and management plan during construction and operation of the sub-project; or

c) Not require any safeguard measures, as the impacts are considered minimal. The following Table 6.1 outlines the risk categories, based on the OP 4.01 environmental categories (A, B, C), attached as Annex 4, and IFC’s EHS Guidelines.

Table 6.1: Environmental risk categories associated with telecom activities

Types of activity High (A) Medium( B) L©(C)

• Installation of equipment in existing facilities

• Installation of masts and towers

• Installation of fixed line cables and connectors

• Construction of landing stations

• Equipment housing (e.g., shelters, cabinets, auxiliary power units)

• Construction of access roads and ROS greenfield sites

• Maintenance of access roads or other existing linear infrastructure that does not require ROW expansion

• Land acquisition and modification of land use

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(d) Identifying alternatives to sub-project design

For sub-projects deemed high risk, as they may result in significant impacts, the Proponent will reassess the location and design of the sub-project to ensure that there are no alternatives that might minimize or avoid these potential environmental and social impacts. If an alternative is not feasible, then the Proponent must prepare an EIA and/or RAP.

6.3 APPRAISAL AND MONITORING PROCESS

(e) Appraisal and Approval

Environmental permitting requirements

For Category A sub-projects requiring an EIA:

The Proponent will submit a copy of the EIA to the relevant authority for review (in the case of Mozambique, this is MICOA). It should include all relevant information (as outlined in the country’s legislative requirements – refer to Chapter 4): an EMP, a set of environmental contract clauses, and a summary of public consultations carried out. Annex 5 provides the Terms of Reference for preparation of an EIA. For sub-projects that may result in involuntary resettlement or displacement, the Proponent is also required to submit a RAP to the relevant Resettlement Office/authority for approval. This is explained in more detail in the Project’s Resettlement Policy Framework. For Category B sub-projects that require an EMP:

The Proponent will submit a copy of the Simplified EIA (usually in the form of an EMP) to the relevant environmental authorities and to the executing agencies. In Mozambique, the Simplified EIA will be submitted to MICOA. The objective of the EMP is to cater to the environmental and social needs of the project in a simple, responsive, and cost-effective manner that will not unnecessarily overload or impede the project cycle. The EMP should outline the measures needed to address the issues identified during the EA study. Moreover, a good EMP should demonstrate that proposed monitoring activities will encompass all major impacts and identify how they will be integrated into project supervision. The EMP should be a simple 2-4 page document that outlines the following: o Main environmental and social mitigation measures; o Environmental training and capacity program; and o Environmental and social monitoring program.

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This EMP should include the following:

Box 6.1 Contents of an EMP

The following Section 7 provides detailed guidance on the implementation of EMPs under the MEGCIP. The Proponent is required to include environmental contract clauses in the technical specifications and account for these measures in the sub-project implementation budget. Annex 6 provides a set of recommended contract clauses to include in contractor agreements. (b) Criteria for Approval

• For those EIAs that meet the country’s EIA requirements and World Bank OP 4.01, an environmental permit can be granted.

• For those EIAs that do not meet the country’s EIA requirements and World

Bank OP 4.01, an environmental permit is rejected and the relevant environmental authority (i.e., MICOA) may choose to carry out an audit. The Proponent will be asked to re-submit the EIA based on recommendations of the audit.

As emphasized in the World Bank’s guidelines, a sub-project should not be approved and funded until such reports are received, approved, and disclosed.

(f) Disclosure of Sub-project Information

In compliance with World Bank guidelines and EIA law in Mozambique, before a sub-project is approved, the applicable documents (EIA, EMP, and/or RAP) must be made available for public review at a place accessible to local people (e.g., at a district council office, relevant environmental authority) in a form, manner, and language they can understand.

• Potential environmental and social impacts related to siting, construction, and

operation of the sub-project; • Mitigation and monitoring measures to address potential impacts; • Responsibilities for monitoring EMP requirements; • Training and capacity-building requirements for project officers and communities;

and • Estimated budget for implementation and training.

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(g) Annual Monitoring Reports

Compliance monitoring comprises of a site-inspection of construction activities to verify that measures identified in the EMP and/or RAP are included in the clauses for contractors. This type of monitoring is similar to the normal tasks of a supervising engineer whose task is to ensure that the contractor achieves the required standards and quality of work. Once implementation of the sub-project has started, regular supervisory missions should be carried out (by the Environmental Specialist or contracted out to a Consultant) and an annual monitoring report submitted to the country executing agencies (MCT for Mozambique) and to the World Bank for review. The purpose of these reports is to provide: • A record of Project and sub-project transactions; • A record of experience and issues running from year to year throughout the

Project that can be used to identify difficulties and improve performance; and • Practical information for undertaking an annual review. Annex 7 provides a recommended format for the Annual Report.

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7 ACTION PLAN FOR IMPLEMENTATION OF EMPS

As it is more likely that RCIP investments will result in the need for EMPs and not EIAs, since impacts are expected to be in Category B at most, the following section provides more detailed guidelines for preparation and implementation of EMPs. A similar section for RAPs is discussed in the RCIP Resettlement Policy Framework.

7.1 IMPLEMENTATION GUIDELINES FOR AN EMP

As discussed, any projects classified as Category B will require an EMP to be approved and disclosed prior to sub-project implementation. A Terms of Reference for preparation of the EMP is provided in Annex 8. It is important to keep in mind that the content of the EMP will depend strongly on the nature of risk associated with the sub-project being proposed. The impacts associated with digging a trench along an existing road to install cable lines can be easily addressed through mitigation and monitoring measures in the civil works and supervision contracts; whereas, building a tower in an area where it is necessary to construct an access road and clear vegetation require a more detailed EMP and activities.

7.1.1 Institutional/third party roles and responsibilities

The EMP should be prepared by the Proponent, either through a consultant or Environmental Specialist with sufficient knowledge of the environmental and social issues related to the telecommunications sector. Ideally, the consultant should have a strong understanding of the legislative structure of the country for which the sub-project EMP will be prepared.

7.1.2 Implementation and monitoring schedule

The executing agency should agree with the Proponent (i.e., the relevant government authority in each RCIP country) on supervision of the EMP within the overall plan for the project. Accordingly, the supervision arrangements for the EMP should summarize key areas on which supervision will focus: critical risks to implementation of the EMP, how such risks will be monitored during implementation, and agreements reached with the Proponent. Supervision of the EMP, along with other aspects of the project, covers monitoring, evaluative review, and reporting and is designed to: • Determine whether the Proponent is carrying out the project in conformity

with environmental safeguards and legal agreements;

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• Identify problems as they arise during implementation and recommend to the Proponent means to resolve them;

• Recommend changes in project concept/design, as appropriate, as the project evolves or circumstances change; and

• Identify the key risks to project sustainability and recommend appropriate risk management strategies to the Proponent.

It is vital that an appropriate environmental supervision plan be developed with clear objectives to ensure the successful implementation of an EMP.

7.1.3 Budget

The EMP for each sub-project will outline the appropriate budget required to implement measures for mitigation and monitoring. It will also indicate the costs of required training and capacity building (see Section 7.1.4 below). Costs should be calculated based on estimates provided by contractors for any mitigative measures required during the civil works. For example: • Costs of ensuring the appropriate dust suppression mechanisms are in place

during excavation works must be calculated and included in the tender documents;

• Costs of installing erosion control measures should be estimated as part of the engineering costs;

• Training of staff on environmental and OHS issues should be outlined in detail (see Table 7.1); and

• Costs of monitoring noise during construction should be calculated based on the frequency of monitoring and cost of equipment.

The EMP table provided in Annex 8 provides guidance on how to outline these costs.

7.1.4 Capacity building and technical assistance requirements

As part of best practice, and to comply with international standards for OHS, contractors and supervision consultants should be provided with awareness-raising, environmental, and OHS training on site. These should focus on both the construction and operational phases of the Project. A proposed format for a two-day training workshop is provided in the following Table 7.1.

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Table 7.1 Awareness raising and training for civil work contractors and supervision

consultants

Topic Input

Awareness raising

1 day

Environmental awareness and the importance of effective mitigation

Mitigation measures and environmentally sound construction techniques

Compliance with international standards (based on Chapter 6) on OHS for the telecommunications sector

Compliance with local legislation on OHS, EIA, and EMP requirements

Technical training

1 day

Implementation of the EMP (contract clauses) Monitoring of EMPs (and RAPs) Preparation of budgets

Total 2 days

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8 PUBLIC CONSULTATION AND DISCLOSURE PROCESS

8.1 PROCESS FOR PUBLIC CONSULTATION IN THE ESMF

During the course of the Project, consultations should be carried out with all significant stakeholder groups (see table below).

Table 8.1 Key stakeholder groups in the MEGCIP

Government and regulatory agencies

Agencies outlined in Tables 4.1 – 4.10, as well as other relevant government and public sector agencies.

Public and private sector operators Lead private sector companies, such as major telecommunications operators in each country.

Non-government organizations International and local stakeholder groups, including environmental NGOs.

Local stakeholders Community-based organizations (CBOs), Municipal and district-level committees, unions, and other local groups.

Academic and research institutions Environmental research groups, universities, and technical institutes.

Indigenous communities If projects are planned to be performed in an indigenous people’s territory.

For sub-projects that can be developed in indigenous territories, a translator must be used so that the entire audience can be informed about the project. Concerns and suggestions must be included in the consultation process for the environmental and social evaluation so that they can be considered in the final evaluation. Initial consultations have been conducted as part of the preparation of this ESMF. The summary of the feedback received can be found in Annex 9.

8.2 PROPOSED DISCLOSURE PLAN

For projects such as the RCIP, the World Bank procedures require that an ESMF and RPF be prepared and publicly disclosed prior to project appraisal. This allows the public and other stakeholders to comment on the possible environmental and social impacts of the project, and the appraisal team to strengthen the frameworks as necessary, particularly measures and plans to prevent or mitigate any adverse environmental and social impacts. Toward this end, this document will be publicly released through the World Bank’s InfoShop and in public locations in Mozambique. The documents should be

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made available in English and Portuguese in compliance with the World Bank’s Public Consultation and Disclosure Policy.

8.2.1 Disclosure of sub-project EMPs

EMPs prepared for sub-projects under the RCIP will also need to be disclosed to the public. Copies of the EMPs should be made available to communities and interested parties in accessible locations through local government authorities, (e.g., local councils, district offices). Copies of the EMPs should also be provided to the implementing agencies and submitted to the World Bank. This will ensure record keeping of all activities implemented under the ESMF and ensure that third-party audits have adequate information when undertaking annual environmental audits.

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9 CAPACITY BUILDING RECOMMENDATIONS

9.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF

9.1.1 Appointing Environmental Expertise/Specialist to MCT

In order to ensure that there is adequate capacity to implement and monitor the performance of the ESMF, it is advised that environmental specialist/expertise be appointed to MCT as part of the MEGCIP project unit. This expertise will contribute to the objectives of the Project, which include: • Preparing, together with the implementing entities, of annual work programs

and budgets; • Monitoring project progress as it relates to compliance with the ESMF

guidelines, resolving implementation bottlenecks, and ensuring that overall project implementation proceeds smoothly;

• Collecting and managing information relevant to the project and accounts (i.e., environmental monitoring and audit reports); and

• Ensuring that the implementing bodies are supported adequately and that they adhere to the principles of the project, specific to compliance with ESMF guidelines.

Given the nature of the project activities, this expertise could be hired on a part-time basis as the needs arise, reporting to the main bodies responsible for execution of the Project.

9.1.2 Training of the Environmental Specialists

It is also highly recommended that the Environmental Specialist be provided with a two-day training workshop on implementation of the ESMF. This training will ensure that the specialist is able to manage and monitor the environmental and social aspects of the RCIP activities. The workshop should take place as part of the project preparation and can be held in Maputo. The workshop should be conducted by an external consultant with knowledge on the environmental management requirements for Mozambique, including substantial knowledge on World Bank and IFC safeguard policies and requirements (e.g., OHS standards). Other relevant staff members of the MEGCIP project unit can be included in the training in order to widen familiarization of the ESMF. An outline for the training is provided in Table 9.1.

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Table 9.1 Proposed training format for ESMF implementation

Module Duration

Day 1 Introduction 1

• Objective of the ESMF • Key stakeholders with a role in the ESMF • Relevant legislative and regulatory acts and World Bank

safeguard policies

• Structure and role of relevant environmental authorities as relates to the RCIP

Day 2 Summary of guidelines for the sub-projects 0.5

• Screening • Appraisal and approval • Disclosure • Annual review • Annual reporting

Capacity-building requirements 0.25 Budgeting for the RCIP country annual work plans 0.25

Total 2 days

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10 PROPOSED BUDGET

The proposed budget for implementation of the measures and recommendations outlined in the ESMF for the third phase of the RCIP in Mozambique is US $101,500. As the sub-projects and their locations have not yet been identified, a lump sum amount has been designated to address the potential number of EIAs and EMPs which will have to be prepared as well as monitoring requirements for the ESMF. This is an estimate and will need to be updated once the project design has been finalized.

Table 10.1 Proposed budget for implementation of the ESMF

Item Unit Cost

Budget for implementation of EIAs and EMPs in Mozambique and monitoring and reporting

Lump sum

$100,000

1-day trainings for for highlighting potential environmental impacts and mitigation measures to everyone involved

$1,500 per training

$1,500

Total $ 101,500

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11 ANNEX 1: IFC’S EHS GUIDELINES FOR TELECOMMUNICATIONS

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12 ANNEX 2: IFC’S GENERAL OCCUPATIONAL, HEALTH, AND SAFETY

GUIDELINES

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13 ANNEX 3: SCREENING FORM

The following form should be included in the Project’s Operational Manual.

Sub-project name:

Sub-project location

(include map/sketch):

(e.g., province, district).

Type of activity : (e.g., new construction, rehabilitation, periodic maintenance)

Estimated Cost:

Proposed date of

commencement of work:

Technical

drawing/specifications

reviewed :

(circle answer): Yes No

This report is to be kept short and concise.

1. Site Selection:

When considering the location of a sub-project, rate the sensitivity of the proposed site in

the following table according to the given criteria. Higher ratings do not necessarily mean

that a site is unsuitable. They do indicate a real risk of causing undesirable adverse

environmental and social effects, and that more substantial environmental and/or social

planning may be required to adequately avoid, mitigate, or manage potential effects.

Issues Site Sensitivity

Rating Low Medium High

Natural habitats

No natural habitats present of any kind

No critical natural habitats; other natural habitats occur

Critical natural habitats present

Water quality and water resource availability and use

Water flows exceed any existing demand; low intensity of water use; potential water use conflicts expected to be low; no potential water quality issues

Medium intensity of water use; multiple water users; water quality issues are important

Intensive water use; multiple water users; potential for conflicts is high; water quality issues are important

Natural hazards vulnerability, floods, soil stability/ erosion

Flat terrain; no potential stability/erosion problems; no known volcanic/seismic/ flood risks

Medium slopes; some erosion potential; medium risks from volcanic/seismic/ flood/ hurricanes

Mountainous terrain; steep slopes; unstable soils; high erosion potential; volcanic, seismic, or flood risks

Cultural property

No known or suspected cultural heritage sites

Suspected cultural heritage sites; known heritage sites in broader area of influence

Known heritage sites in project area

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Issues Site Sensitivity

Rating Low Medium High

Involuntary resettlement

Low population density; dispersed population; legal tenure is well-defined; well-defined water rights

Medium population density; mixed ownership and land tenure; well-defined water rights

High population density; major towns and villages; low-income families and/or illegal ownership of land; communal properties; unclear water rights

Indigenous peoples

No indigenous population

Dispersed and mixed indigenous populations; highly acculturated indigenous populations

Indigenous territories, reserves and/or lands; vulnerable indigenous populations

2. Checklist questions:

Physical data: Yes/No answers and

bullet lists preferred

except where descriptive

detail is essential.

Site area in ha Extension of or changes to existing alignment Any existing property to transfer to sub-project Any plans for new construction

Refer to project application for this information.

Preliminary Environmental Information: Yes/No answers and



detail is essential. State the source of information available at this stage (i.e., proponent’s report, EIA, or other environmental study).

Has there been litigation or complaints of any environmental nature directed against the proponent or sub-project?

Refer to application and/or relevant environmental authority for this information.

Identify type of activities and likely environmental impacts: Yes/No answers and



detail is essential.

What are the likely environmental impacts, opportunities, risks, and liabilities associated with the sub-project?

Refer to ESMF Chapter 3 – Impact, Mitigation, and Monitoring Guidelines

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Determine environmental screening category: Yes/No answers and



detail is essential. After compiling the above, determine which category the sub-project falls under based on the environmental categories A, B, and C.

Refer to ESMF Chapter 6 – Screening and Review Process

Mitigation of Potential Pollution: Yes/No answers and



detail is essential. Does the sub-project have the potential to pollute the environment or contravene any environmental laws and regulations?

Will the sub-project require pesticide use? If so, then the proposal must detail the methodology and equipment incorporated in the design to constrain pollution within the laws and regulations and address pesticide use, storage, and handling.

Does the design adequately detail mitigating measures? Refer to ESMF Chapter 7 – Impact, Mitigation and Monitoring Guidelines

Environmental Assessment Report or environmental studies

required:

Yes/No answers and



detail is essential. If screening identifies environmental issues that require an EIA or a study, does the proposal include the EIA or study?

Indicate the scope and time frame of any outstanding environmental study.

Required Environmental Monitoring Plan: If the screening identifies environmental issues that require long-term or intermittent monitoring (e.g., effluent, gaseous discharges, water quality, soil quality, air quality, noise), does the proposal detail adequate monitoring requirements?

Refer to ESMF Chapter 7 – Impact, Mitigation, and Monitoring Guidelines

Public participation/information requirements: Yes/No answers and



detail is essential. Does the proposal require, under national or local laws, the public to be informed, consulted, or involved?

Has consultation been completed? Indicate the time frame of any outstanding consultation process.

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Refer to Chapter 3 – Relevant legislative acts in the RCIP country

Land and resettlement: Yes/No answers and



detail is essential. What is the likelihood of land purchase for the sub-project? How will the proponent go about land purchase? What level or type of compensation is planned? Who will monitor actual payments?

Refer to the Resettlement Policy Framework.

Actions: List outstanding actions to be cleared before sub-project appraisal.

Approval/rejection Yes/No answers and



detail is essential. If proposal is rejected for environmental reasons, should the sub-project be reconsidered? What additional data would be required for re-consideration?

Recommendations:

Requires an EIA and/or RAP to be submitted on date:. Requires EMP, to be submitted on date:. Does not require further environmental studies Reviewer :

Name:

Signature:

Date:

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14 ANNEX 4: WORLD BANK SAFEGUARD POLICY OP 4.01

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15 ANNEX 5: TERMS OF REFERENCE FOR ESIA

An ESIA report for a telecommunications project should focus on the significant environmental, social, health, and safety issues of the proposed project, whether it is, or includes, new construction, rehabilitation, or expansion. The report’s scope and level of detail should be commensurate with the project’s potential impacts. The ESIA report should include the following items: (a) Executive summary. Concisely discusses significant findings and recommended actions. (b) Policy, legal, and administrative framework. Discusses the policy, legal, and administrative framework within which the ESIA is carried out. Explains the EHS requirements of any co-financiers. Identifies relevant international environmental agreements to which the country is a party. (c) Project description. Concisely describes the proposed project and its geographic, ecological, social, and temporal context, including any off-site investments that may be required (e.g., dedicated pipelines, access roads, power plants, water supply, housing, and raw material and product storage facilities). Indicates the need for any resettlement plan. Normally includes a map showing the project site and the project’s area of influence. (d) Baseline data. Assesses the dimensions of the study area and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences. Also takes into account current and proposed development activities within the project area but not directly connected to the project. Data should be relevant to decisions about project location, design, operation, or mitigatory measures. The section indicates the accuracy, reliability, and source of the data. (e) Environmental and social impacts. Predicts and assesses the project’s likely positive and negative impacts, in quantitative terms to the greatest extent possible. Identifies mitigation measures and any residual negative impacts that cannot be mitigated. Explores opportunities for environmental enhancement. Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions, and specifies topics that do not require further attention. (f) Analysis of alternatives. Systematically compares feasible alternatives to the proposed project site, technology, design, and operation—including the “without project” situation—in terms of their potential environmental impacts; the feasibility of mitigating these impacts; their capital and recurrent costs; their suitability under local conditions; and their institutional, training, and monitoring requirements. For each of the alternatives, quantifies the environmental impacts to the greatest extent possible and attaches economic values where feasible. States the

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basis for selecting the particular project design and justifies recommended emissions levels and approaches to pollution prevention and abatement. (g) Environmental management plan (EMP). Covers mitigation measures, monitoring, budget requirements, and funding sources for implementation as well as institutional strengthening and capacity building requirements. (h) Appendixes

(i) List of EA report preparers—individuals and organizations. (ii) References—written materials, both published and unpublished, used

in study preparation. (iii) Record of interagency and consultation meetings, including

consultations for obtaining the informed views of the affected people and local nongovernmental organizations (NGOs). The record specifies any means other than consultations (e.g., surveys) that were used to obtain the views of affected groups and local NGOs.

(iv) Tables presenting the relevant data referred to or summarized in the main text.

(v) List of associated reports (e.g., socioeconomic baseline survey, resettlement plan)

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16 ANNEX 6: EXAMPLE OF ENVIRONMENTAL CONTRACT CLAUSES

Proper environmental management of construction projects can be achieved only with adequate site selection and project design. As such, the EA for projects involving any new construction, or any rehabilitation or reconstruction for existing projects, should provide information on screening criteria for site selection and design, including the following: Site selection

Sites should be chosen based on community needs for additional projects, with specific lots chosen based on geographic and topographic characteristics. The site selection process involves site visits and studies to analyze:

• The site’s urban, suburban, or rural characteristics; • National, state, or municipal regulations affecting the proposed lot; • Accessibility and distance from inhabited areas; • Land ownership, including verification of absence of squatters and/or

other potential legal problems with land acquisition; • Determination of site vulnerability to natural hazards (i.e., intensity and

frequency of floods, earthquakes, landslides, hurricanes, volcanic eruptions);

• Suitability of soils and subsoils for construction; • Site contamination by lead or other pollutants; • Flora and fauna characteristics; • Presence or absence of natural habitats (as defined by OP 4.04) and/or

ecologically important habitats on site or in vicinity (e.g., forests, wetlands, coral reefs, rare or endangered species); and

• Historic and community characteristics. Construction activities and environmental rules for contractors

The following information is intended solely as broad guidance to be used in conjunction with local and national regulations. Based on this information, environmental rules for contractors should be developed for each project, taking into account the project size, site characteristics, and location (i.e., rural or urban). After choosing an appropriate site and design, construction activities can proceed. As these construction activities could cause significant impacts on and nuisances to surrounding areas, careful planning of construction activities is critical. The following rules (including specific prohibitions and construction management measures) should be incorporated into all relevant bidding documents, contracts, and work orders. Prohibitions

The following activities are prohibited on or near the project site: o Cutting of trees for any reason outside the approved construction area;

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o Hunting, fishing, wildlife capture, or plant collection; o Use of unapproved toxic materials, including lead-based paints and asbestos; o Disturbance to anything with architectural or historical value; o Building of fires; o Use of firearms (except authorized security guards); and o Use of alcohol by workers. Construction Management Measures

Waste Management and Erosion:

Solid, sanitation, and hazardous wastes must be properly controlled through the implementation of the following measures: Waste Management:

o Minimize the production of waste that must be treated or eliminated. o Identify and classify the type of waste generated. If hazardous wastes

(including healthcare wastes) are generated, proper procedures must be taken regarding their storage, collection, transportation, and disposal.

o Identify and demarcate disposal areas, clearly indicating the specific materials that can be deposited in each.

o Control placement of all construction waste (including earth cuts) to approved disposal sites (>300 m from rivers, streams, lakes, or wetlands). Dispose of all garbage, metals, used oils, and excess material generated during construction in authorized areas, incorporating recycling systems and material separation.

Maintenance:

o Identify and demarcate equipment maintenance areas (>15m from rivers, streams, lakes, or wetlands).

o Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas. Never dispose of spent oils on the ground, in watercourses, drainage canals, or sewer systems.

o Identify, demarcate, and enforce the use of within-site access routes to limit impacts to site vegetation.

o Install and maintain an adequate drainage system to prevent erosion on the site during and after construction.

Erosion Control

o Erect erosion control barriers around the perimeter of cuts, disposal pits, and roadways.

o Spray water on dirt roads, cuts, fill material, and stockpiled soil to reduce wind-induced erosion, as needed.

o Maintain vehicle speeds at or below 10 mph within work areas at all times. Stockpiles and Borrow Pits

o Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15 meters away from critical areas such as steep slopes, erosion-prone soils, and areas that drain directly into sensitive water bodies.

o Limit extraction of material to approved and demarcated borrow pits.

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Site Cleanup

o Establish and enforce daily site clean-up procedures, including maintenance of adequate disposal facilities for construction debris.

Safety during Construction

The contractor’s responsibilities include the protection of every person and nearby property from construction accidents. The contractor shall be responsible for complying with all national and local safety requirements and any other measures necessary to avoid accidents, including the following: o Carefully and clearly mark pedestrian-safe access routes. o If schoolchildren are in the vicinity, include traffic safety personnel to direct

traffic during school hours. o Maintain supply of supplies for traffic signs (e.g., paint, easel, sign material),

road marking, and guard rails to maintain pedestrian safety during construction.

o Conduct safety training for construction workers prior to beginning work. o Provide personal protective equipment and clothing (e.g., goggles, gloves,

respirators, dust masks, hard hats, steel-toed and –shanked boots) for construction workers and enforce their use.

o Post Material Safety Data Sheets for each chemical present on the work site. o Require that all workers read, or are read, all Material Safety Data Sheets.

Clearly explain the risks to them and their partners, especially when pregnant or planning to start a family. Encourage workers to share the information with their physicians, when relevant.

o Ensure that the removal of asbestos-containing materials or other toxic substances be performed and disposed of by specially trained workers.

o During heavy rains or emergencies of any kind, suspend all work. o Brace electrical and mechanical equipment to withstand seismic events during

construction. Nuisance and dust control

To control nuisance and dust the contractor should: o Maintain all construction-related traffic at or below 15 mph on streets within 200

m of the site. o Maintain all on-site vehicle speeds at or below 10 mph. o To the extent possible, maintain noise levels associated with all machinery and

equipment at or below 90 db. o In sensitive areas (e.g., residential neighborhoods, hospitals, rest homes) stricter

measures may need to be implemented to prevent undesirable noise levels. o Minimize production of dust and particulate materials at all times to avoid

impacts on surrounding families and businesses, especially to vulnerable people (i.e., children, elders).

o Phase removal of vegetation to prevent large areas from becoming exposed to wind.

o Place dust screens around construction areas, paying particular attention to areas close to housing, commercial areas, and recreational areas.

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o Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material.

o Apply proper measures to minimize disruptions from vibration or noise from construction activities.

Community Relations

To enhance adequate community relations, the Contractor should: o Following the country and EA requirements, inform the population about

construction and work schedules, interruption of services, traffic detour routes, and provisional bus routes, as appropriate.

o Limit construction activities at night. When necessary, ensure that night work is carefully scheduled and the community is properly informed so they can take necessary measures.

o At least five days in advance of any service interruption (e.g., water, electricity, telephone, bus routes) the community must be advised through postings at the project site, at bus stops, and in affected homes/businesses.

Chance Find Procedures for Culturally Significant Artifacts

The contractor is responsible for familiarizing themselves with the following “Chance Finds Procedures” in case culturally valuable materials are uncovered during excavation: o Stop work immediately following the discovery of any materials with possible

archeological, historical, paleontological, or other cultural value; announce findings to project manager; and notify relevant authorities;

o Protect artifacts as well as possible using plastic covers; implement measures to stabilize the area, if necessary, to properly protect artifacts;

o Prevent and penalize any unauthorized access to the artifacts; and o Restart construction works only upon the authorization of the relevant

authorities.

Environmental Supervision during Construction

The bidding documents should indicate how compliance with environmental rules and design specifications would be supervised, along with penalties for non-compliance by contractors or workers. Construction supervision requires oversight of compliance with the manual and environmental specifications by the contractor or his designated environmental supervisor. Contractors are also required to comply with national and municipal regulations governing the environment, public health, and safety.

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17 ANNEX 7: FORMAT OF AN ANNUAL ENVIRONMENTAL REPORT

Relevant environmental

authority:

Reporting dates:

District:

Sub-projects approved:

Sub-project

title

Activities Project phase (1)

Env. category EIA / EMP

completed?

Env. Permit

granted?

Effectiveness

of EMP

Issues (2)

(name, location,

title, or

reference)

(new construction,

rehabilitation,

maintenance)

See note below (A, B or C) Yes, No, or N/A Yes, No, or N/A Good, poor, or

needs

improvement

See note below

1

2

3

etc

Sub-projects rejected:

Sub-project title Activities Reasons for rejection Remarks (3)

1

2

3

Etc

Notes: (1) Sub-project phase will be one of the following: (a) under project preparation or appraisal, (b) appraised, or (c) implementation. (2) Issues: accidents, litigation, complaints, or fines are to be listed. (3) For example, if an environmental permit was not granted, explain why.


18 ANNEX 8: TERMS OF REFERENCE FOR AN EMP

The EMP should be easy to use. References within the plan should be clearly and readily identifiable. Also, the main text of the EMP needs to be kept as clear and concise as possible, with detailed information relegated to annexes. The EMP should identify linkages to other relevant plans relating to the project, such as plans dealing with resettlement or indigenous peoples issues. The following aspects should typically be addressed within EMPs. Summary of impacts: The predicted adverse environmental and social impacts for which mitigation is required should be identified and briefly summarized. Cross-referencing to the ESIA report or other documentation is recommended so that additional details can be readily referenced. Description of mitigation measures: The EMP identifies feasible and cost-effective measures to reduce potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation measure should be briefly described with reference to the impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies). These should be accompanied by, or referenced to, designs, equipment descriptions, and operating procedures that elaborate on the technical aspects of implementing the various measures. Where mitigation measures may result in secondary impacts, their significance should be evaluated. Description of monitoring program: Environmental performance monitoring should be designed to ensure that mitigation measures are implemented and have the intended result, and that remedial measures are undertaken if mitigation measures are inadequate or the impacts were underestimated within the ESIA report. It should also assess compliance with national standards and World Bank Group requirements or guidelines. The monitoring program should clearly indicate the linkages between impacts identified in the ESIA report, indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions. Although it is not essential to have complete details of monitoring in the EMP, it should describe the means by which final monitoring arrangements will be agreed. Institutional arrangements: Responsibilities for mitigation and monitoring should be clearly defined. The EMP should identify arrangements for coordination between the various actors responsible for mitigation.


Environmental Management Plan A. Mitigation

Project Activity

Potential Environmental and Social Impacts

Proposed Mitigation Measure(s) (including legislation and regulations)

Institutional Responsibilities (including enforcement and coordination)

Cost Estimates

Comments (e.g., secondary impacts)

Pre-Construction Phase

Construction Phase

Operation and Maintenance Phase

Environmental Management Plan B. Monitoring

Proposed Mitigation Measure

Parameters To be Monitored

Location Measurements (including methods and equipment)

Frequency of Measurement

Responsibilities (including review and reporting)

Cost (equipment and individuals)

Pre-Construction Phase

Construction Phase

Operation and Maintenance Phase

Total Cost for all Phases


Environmental Management Plan C. Institutional Strengthening and Training for Implementation

I. Institutional Strengthening Activity

Position(s) (Institutions, PIUs, contractors, construction supervision consultants)

Scheduling Responsibilities Cost Estimates

Mitigation Measures

Monitoring Requirements (including compliance)

II. Training Activity

Participants Types of Training

Content (modules, etc.)

Scheduling Cost Estimates

EMP Implementation, Re-design, Conflict Resolution

Environmental Processes, Methods, and Equipment

Environmental Policies and Programs

Environmental Management Plan

D. Scheduling and Reporting

Year 1 Year 2 Etc. Activity Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Mitigation Measures ------------- -------------

Monitoring ------------ ------------

Institutional Strengthening ------------ ------------

Training


------------ ------------



19 ANNEX 9: RESULTS FROM CONSULTATIONS CONDUCTED DURING

ESMF PREPARATION

Minutes of the Consultation for the ESMF and RPF with CMC representative of Moloque Date: 03.03.2009 Time: 14:29 Person Consulted: Ms. Rosalina Caetano, Molocue - Zambezia Position: head Consultation mode: Talk on a Mobile phone Contact Number: 823910500 The CMC of Molocue was installed in the facilities belonging to the existing community radio of Instituto de Comunicação Social, which was already providing a community service in terms of news and information dissemination. During the consultation Mrs. Rosalina Caetano listed the following advantages of the establishment of a CMC at Molocue that the community benefits:

- Increase the awareness and information access to the communities - Access to basic use of computers and their software and products - Provision of training course in the use of computers - Provision of multimedia: music, copying of CDs, video clips and

movies - Access and use of the centre to research data and information via

multimedia encyclopedias - Provision of photocopying services and text digitations for various

purposes The above benefits were not available to the community before the establishment of a CMC. The Centre does face some constraints/difficulties related to capacity building of local staff for maintenance of equipment. The staff of the CMC has had basic training for maintenance, which is not adequate to resolve and fix more complex equipment or system failures. Some of the computers and IT materials are outdated. They also face difficulties with the supply of materials and spare parts, them not being available locally. The community is demanding internet services, but because of bad land line and high costs of communication, the CMC is unable to offer this service to the users. Regarding to any negative impact of the community, Mrs. Rosalina Caetano said that the CMC did not affect negatively the population and did not have any conflict with the people. She highlighted the fact that before its installation there was a very thorough awareness of its importance and activities and all stakeholders were properly informed.


Minutes of the Consultation for the ESMF and RPF with CMC representative of Xinavane Date: 03.03.2009 Time: 11:14 Person Consulted: Mr. Renato Ribeiro – Xinavane, Maputo Province Position: head Consultation mode: Talk on a Mobile phone Contact Number: 824585210 During the consultation talk, Mr Renato Ribeiro said that the CMC was established in 2005 and that it has had a very positive social impact at the community of Xinavane, Maputo Province. He highlighted the following advantages: -improvements in the dissemination of information and news to the public on various aspects such as health, weather, agriculture, environment. - the CMC is also sought for transmitting information of family values (e.g. Private ceremonies and disappearance of children, etc) and marketing their businesses. -the CMC has also trained the local people on the use of computers. The centre has introduced the first photocopy machine in the district for public services. After this, the private sector also invested in these services in the district. He mentioned that the CMC has also trained workers of the private companies (Açucareira de Xinavane) to use basic computer software. The main concerns raised were about security, technical assistance and financial sustainability. The equipment at CMC of Xinavane have been stolen twice: 3 and 6 months after its installation. The equipment was recovered in bad conditions (damaged), which resulted in serious maintenance problems. The CMC works with volunteers who have basic training for maintenance of equipment. When serious damage or breakdown of equipment occurs, they are unable to repair and seek services from an Engineer (who charges the maintenance) and the CMC does not generate enough funding to pay the debt to the technician. The financial sustainability is also a problem. The CMC is working under a registered NGO, and the work is carried out by volunteers. The maintenance of the centre is based on funds collected locally from the services they provide. In order to increase their income, they have invited the private sector to invest on marketing their products and services through the centre, but so far they have not showed interest in using the CMC services. For overcoming this


challenge, Mr. Ribeiro suggests that the government should provide a fund for running costs to complement the funds that they get locally. Electricity is supplied by the Xinavane Sugar Factory. Failures in CMC electric supply may take long periods of time to repair by the technicians of the Sugar Company. No negative social and environmental problems have occurred as a result of the establishment of the CMC at Xinavane. They said that the CMC was established after a strong awareness campaign of its importance and services for the community. Therefore no negative impact was experienced by the local community.


Minutes Of Consultation To Universidade A Politecnica – Instituto Superior De Humanidades E Tecnologias -Quelimane Consultation date: 09 March 2009 Person consulted: Dr. Osvaldo Mostico Location: Quelimane, Zambezia Province Consultation Mode: E-mail message with questionnaire E-mail address : [email protected] Physical Address: ICT Department

UNIVERSIDADE POLITÉCNICA INSTITUTO SUPERIOR DE HUMANIDADES E TECNOLOGIAS - ISHT Av. Samora Machel nº 362 QUELIMANE

The consultation consisted of sending a brief description of MEGCIP objectives and the following questions:

1. How do you qualify the se and costs of internet at your institutions? 2. What is the impact of the current internet costs on the students? 3. What are the potential advantages of MEGCIP for your institutions

and students? 4. Do you foresee any negative impact of the implementation of MEGCIP

in your institution or in the society? 5. Do you have any additional concerns or advice about the proposed

MEGCIP activities? The answers to these questions are described below:

1. The use of internet at University A Politecnica ,Quelimane, Zambezia (ISHT – Instituto Superior de Humanidades e Tecnologia) is carried out using 3 ADSL lines of the public provider company TDM with an apparent download capacity of 2048 b/s and 512 Kb/s of upload capacity. The quality of the service of this internet Provider is very bad, the transmitted signal never attains half of the proposed capacity and the technical assistance is also bad. The ISHT lacks access to internet services for up to 50% of the time paid, because of the incapacity of the Internet Provider. Therefore the expenses made do not justify the quality of the services expected.

2. It would be desirable if each student of A Politecnica ISHT-Quelimane

had an internet access point for acquisition of knowledge and investigations to overcome the lack of scientific literature, which is problematic at the Provinces. However, because of the high internet access costs, this daily essential service becomes a luxury for most students. This causes (i) a massive influx of students to the University labs and (ii) the overload of the bandwidth available, which has a limited download capacity (20 GB/month). This leads to payment by


students of the exorbitant costs. Therefore they have limited access to information.

3. The potential advantages of the MEGCIP identified at ISHT are: - cost reduction with communications and the potential for use of new

communication technologies (e.g. VOIP); - unlimited internet traffic; - improvement of distance teaching capacity and other services using a

WEB interface; - an improved interaction between students and the University (A

Politecnica –ISHT); - Massive use of internet use by students; - Improved the interaction between beneficiary institutions and their

integration; - Improved transmission speed of information; - Promote the creation and dissemination of online bibliographic piles. 4. The ISHT does not foresee any negative impact of the MEGCIP

implementation. 5. It is desirable and important that the beneficiary institutions of the

MEGCIP will be very involved in the process from the beginning in order to give large sustainability and promote synergies between the involved institutions, promote forums and exchange of ideas and experiences.

Documents

Environmental and Social Management Framework - …siteresources.worldbank.org/EXTINFORMATIONANDCOMMUNICATION… · ESMF Environmental and Social Management Framework FAA Federal