Sarazina Mumu Infrastructure Investment Facilitation Center (IIFC)

1. ENVIRONMENTAL AND SOCIAL CONSIDERATIONS FOR PPP PROJECTS Sarazina Mumu Infrastructure Investment Facilitation Center (IIFC)

2. Sustainable Development “Sustainable” development is called “equitable and balanced,” Development should balance the interests of present and future generation, in three major interrelated areas– Economic, Environmental. Social,

3. Emergence of EIA and SIA

4. Social Aspects Social impact assessment Land Acquisition Resettlement/Rehabilitation Involuntary Resettlement Indigenous people Legislative Framework

5. Legal and Institutional Framework • NATIONAL LEGISLATION- • Acquisition and Requisition Ordinance, 1982 amended 1994,1995 and 2004 • WORLD BANK’S SAFEGUARD POLICIES • OP 4.12 Requirements (Involuntary Resettlement) • OP 4.10 Requirements (Indigenous Peoples)

6. Social Impact Assessment • Social impact assessment (SIA) refers to assessing a broad range • of impacts/consequences likely to be experienced by a broad range of social groups due to some course of action. • Social profiling: Demographic issues • Social assessment • Explore in depth by collecting primary data, • community participation to build a picture of social effect an action

7. Steps of Social Impact Assessment 1.Scoping –potentially impacted people(s)/group(s) & their concerns to determine type, scale & focus of assessment 2. Formulation of alternatives – consider reasonable alternatives to the proposal based on needs of community/society 3.Profiling 4.Projection 5.Assessment – try to determine magnitude of impacts, what is potential for avoidance/mitigation 6. Evaluation – assess tradeoffs: net benefits? For whom? Net costs & for whom? Is overall impact acceptable? 7. Mitigation 8. Monitoring/management

8. Land acquisition “Land Acquisition” means acquiring of land for some public purpose by government/government agency, as authorized by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency.”

9. Land acquisition phase • Case i) LAND PURCHASE BY SPONSOR (THROUGH NEGOTIATION) No RAP is required in such cases and development may start immediately. • Case ii) LAND ACQUISITION BY GOB (WITH GOB OR SPONSOR FUND) • Land Acquisition Plan (LAP), prepared by concerned authority. • Compensation payment made by DC to the affected persons. Land acquired and handed over to authority and development starts

10. Case iii) LAND ACQUISITION BY GOB (FOR AVAILING WORLD BANK FINANCES) • Disclosure (of Project information) and Consultations (with potential affected persons), by project sponsor and/or engaged consultants. - Resettlement Action Plan (RAP) preparation, The RAP will include: • Project Affected People (PAP) list • Compensation policy • Compensation Matrix and Entitlement Plan • Relocation Plan (RP), if any • Indigenous People Development Plan, IPDP (if required)

11. Detail Methodologies of SIA and RAP reports.

12. Resettlement Resettlement is the process of moving people to a different place to live, because they are no longer allowed to stay in the area Where they used to live. - Involuntary Resettlement - Indigenous People

13. Impacts of Resettlement WB’s policy covers direct economic and social impacts of involuntary taking of land Relocation or loss of shelter Lost of assets Loss of income sources Loss of livelihood

14. Involuntary resettlement Avoid land acquisition wherever possible If unavoidable, pay compensation as existing market price Resettlement plan to incorporate in the mitigation measure Monitoring of resettlement plan.

15. The objective must be such that the displaced persons should be assisted to: livelihoods restoration/improve Improve/ restore standards of living

16. Compensation legal term referring to the financial compensation recoverable by reason of another's breach of duty; the money paid or awarded to a plaintiff.

17. INDIGENOUS PEOPLES PLAN • The Bank will not assist development projects that involve encroachment on lands being used or occupied by vulnerable indigenous, tribal • They are provided to at least mitigate the negative or adverse effects of such projects on these people, their cultures and their environments. • Key concerns in EA, therefore, relate to the preferences ofindigenous, tribal, low-caste or ethnic minority people and their responses to development opportunities.

18. Comparison: Bangladesh Law and World Bank OP 4.12

19. The major social issues related to infrastructure • projects include • (i)Land acquisition • (ii) Involuntary resettlement; • (iv) Public consultation, participation, and consensus building.

20. ENVIRONMENTAL CONSIDERATIONS FOR PPP PROJECTS

21. The EA should assess the changes in pressures on natural resources in ecologically sensitive areas likely to be introduced by the development investment.

23. Issues considered in EIA • • Resource Use Patterns. Assess changes in patterns of access to or use of land, water, forest, pasturage • • Community Participation. • • Identification, Demarcation and Registry of Area. • • Inventory of Flora and Fauna. Survey and analyze fauna and flora and habitats, particularly endangered species, • • Social Infrastructure. Evaluate impacts on schools, medical facilities, communications/transport networks, markets; impacts on water supply, drainage, waste disposal systems. • • Public Health Conditions. Evaluate health risks and diseases in the area; environmental pollution; health, sanitation and hygienic conditions; traditional medicines and practices. • • Institutional Assessment. Determine capacity of local organizations and indigenous groups to participate in decision making, implementation, operations and evaluation. 23

24. Policy and Legislative Features of Bangladesh Environmental Policy, 1992 Issues related to improvement of environment in an integrated manner This policy consists of 15 development sectors including agriculture, industry, health & sanitation and etc

25. Environmental Conservation Act, 1995 Established for – Environmental Conservation, Environmental standard development Environment pollution control and abatement Strategy of the Act – Declaration of ecologically critical areas, and restriction on the operation in the ecologically critical area

26. Environment Conservation Rules, 1997 National Environmental Quality Standards for ambient air, various type of water, industrial effluent, emission, noise, vehicular exhaust etc Requirement for IEE/EIA according to categories of industrial and other development interventions Project/development intervention is to obtain environmental clearance in two steps Two steps of environmental clearance are 01. Location/Site clearance 02 .Clearance on IEE/EIA

27. Ground Water Management Ordinance 1985 National Conservation Strategy, 1992 National Environmental Management Action Plan, 1995 National Water Policy, 2000 National Water Management Plan, 2001 National Water Bodies Protection Act 2000 Other Relevant Policies and Plans Policy and Legislative Features of Bangladesh

28. Key Environmental Concerns in Bangladesh • Drainage and Flooding • River bank erosion and Surface water quality • Ground water table and Groundwater quality • Arsenic Contamination of Aquifers • Saline intrusion • Wetland deterioration • Land degradation • Air Pollution • Fish and fisheries • Forestry management • Biodiversity conservation

29. Environmental Assessment EIA process and institutional linkage Project need/justification Screening Scoping Baseline data Impact Assessment Mitigation measures

30. Environmental Impact Assessment Significant and Unavoidable Significant but Mitigable Not Significant Beneficial Cumulative Impacts – multiple project/ large scale program

31. Environmental screening and procedures WB classifies projects into 3 categories: Category A : Significant adverse environmental impacts Category B : Less diverse environmental impact Category C: Minimal or no environmental impact DoE classifies projects into 4 categories: Green Category Orange A Category Orange B Category Red Category Instruments used are: EIA, environmental audit, screening and etc

32. Public consultation is important Public consultation process is the most effective role in project decision Consultation with project affected groups during environmental assessment of Category A and B projects Public consultation should be done as early as possible in project assessment Publicly disclose the EA report

33. Environmental Management Plan EMP identifies feasible and cost-effective measures that reduces adverse environmental impacts Project’s EMP consists of mitigation, monitoring, and institutional measures EMP designed to avoid or mitigate identified environmental impacts. Adverse impacts can be mitigated by implementation of measures

34. Monitoring, supervision and reporting Environmental monitoring is done to: 1. Predict and compare results of the project 2. To arrive to any conclusion Monitoring and reporting procedures ensure: 1.early detection of conditions necessary for mitigation measures 2. Information on the progress and results of mitigation

35. Potential Environmental Impacts Pre-Construction (Planning and Design) Phase Natural Habitats Induced Development Soil Stability / Erosion Above environmental issue range from low sensitivity to high sensitivity Construction Phase Flora and Fauna Soil and Land Degradation Vehicular Traffic Waste Management Slope, Erosion and Drainage Air Quality Water Quality

36. Potential Environmental Impacts - Operation and Maintenance Phase Liquid Wastes Solid Wastes Air Emission Noise Occupational Health & Safety Smell Visual impact

38. Challenges • EIA AND SIA simply as ‘window-dressing’ to comply with the funding requirements of aid donors • (Horberry, 1985). • Fails to institutionalize EIA and SIA within the planning process At an operational level, the effectiveness of EIA and SIA in developing countries is severely handicapped by limited financial resources and insufficient technical capacities,

39. Make EIA and SIA both participatory and technocratic. Greening doesn’t just stop with the award of the contract – your organization will need to work with suppliers to ensure improved environmental performance throughout the life of the project. Proper EIA and SIA implementation will actually lead to the success of any PPP project as well as development projects. Key Messages

40. THANK YOU