The ESMF will serve as a template to undertake appropriate environmental and social analysis of sub-projects under this project. It will be made available for public review and comment in appropriate locations in Sri Lanka and in IDA’s Public Information Center in accordance with BP 17.50 requirements of disclosure. Detailed EAs for individual will be carried out (in accordance with the ESMF) by the implementing agency and will be reviewed and cleared by the designated Project Approving Agency (PAA), as applicable, under prevailing national environmental legislation in Sri Lanka and by IDA prior to the approval of disbursement of funds. Similarly, specific social safeguards requirements such as Social Impact Assessments will be prepared and approved prior to project activities takes place. 3.0 Environmental and Social Safeguards Policies and their Implementation 3.1 National Policies, legislative and regulatory considerations National Environmental Act (NEA) No 47 of 1980, and its’ amendment Act No. 56 of 1988 and Act No. 53 of 2000 Under provisions of Part IV C of the NEA No. 47 of 1980 as stipulated in Gazette (Extra Ordinary) No. 772/22 dated June 24, 1993 GOSL made Environmental Assessment (EA) a legal requirement for a range of development projects. The list of projects requiring an EIA/ IEE is prescribed in the above Gazette notification. In addition, the Gazette notification includes a list of line ministries and agencies that are designated as Project Approving Agencies (PAA). The PAA’s are responsible for the administration of the EIA process under NEA. Further amendments to the NEA stipulated environmental approvals for material extraction, emissions, noise and vibration levels. These regulations will also have a bearing on this development project. According to provisions of the NEA regulations, the only prescribed project type under the Transport and Highways Sector relevant to the proposed project requiring an EA is the construction of national and provincial highways involving a length exceeding 10 Km. In addition, other prescribed projects requiring environmental assessments, listed in the same regulations relevant to the proposed project include; Reclamation of land, wetland area exceeding 4 hectares; Conversion of forests covering an area exceeding 1 hectare into non forest uses; Involuntary resettlement exceeding 100 families, other than resettlement effected under emergency situations;
3. Ex gratia payment for the residential and Commercial buildings subject to provisions of Rent Control Act. An amount equal to the difference of Statutory value and, replacement cost to be distributed as per the following table: Owner and occupants of buildings fall within the provisions of the Rent Control Act. CV,DS Social of RDA and PMU.GN ,Local Authority Provincial RE, LARC and Super LARC 4. Loss of Business payers) 4.2.Formal (tax payers) If income could be proved by supporting documents, Rs.15, 000.00 or net income of 03 months whichever is higher. Adjusted average net profit of 03 years preceding the publication of Sec.07 notice under LAA All Business owners who are affected CV,DS Social staff of RDA and PMU. Provincial RE LARC and Super LARC. Disruption of business Compensation to be decided by the LARC All Business owners who are affected CV,DS Social staff of RDA and PMU. Provincial RE, LARC./Super LARC , , ,
4.4.Loss of livelihood Compensation to be decided by the LARC All Business owners who are affected Self-employed and those who are temporarily affected due to loss of livelihood CV,DS Social staff of RDA and PMU. Provincial RE LARC and Super LARC 4.5.Vulnerable Households Compensation to be decided by the LARC All household that fall within the category of vulnerable households for e.g. Very old, women headed households without a reasonable income very poor, disabled, indigenous people CV,DS Social staff of RDA and PMU. Provincial RE LARC and Super LARC 4.6.Loss of Employment Compensation to be decided by the LARC Those who lost their wage earning employment due to acquisition of the business premises they were employed. CV,DS Social staff of RDA and PMU. Provincial RE, LARC and Super LARC 4.7 Ex-Gratia payment for the handing over possession within the prescribed period. Ex-gratia payment to be decided by the LARC. The owners of residential houses and/or cultivated lands CV,DS Social staff of RDA and PMU. Provincial RE, LARC and Super LARC. , , , ,
According to the LAA, persons who are displaced from public lands do not have a right to bring their grievances to any institutional entities. However, the Bank policy requires the borrowers to establish mechanisms to deal with issues and grievances that might be raised by all affected persons, including the informal users of public lands. The procedure is meant to reduce the incidence of expensive and time consuming litigation involving minor issues among the landowners, and to give an opportunity to those not covered by the LAA. The general GRM established under the project will process all land environment and livelihood related grievances. The decisions made by GRM will be binding on the project execution agency. To instill confidence and trust in the procedure, the convener will ensure that all grievance decisions are made in formal hearings and that the individual GRM members are not contacted by the aggrieved APs or stakeholders in advance. The convener will have the authority to ensure impartiality, fairness and transparency. The GRM will record the details of the grievances and the reasons that led to acceptance or rejection of the particular grievances, and will make them available for review by the IDA supervision missions and other interested persons/ entities. Establishment of a Grievance Redress Committee (GRC) Grievance Redress Committees (GRCs) will be formed by the RDA in each Divisional Secretariat Division or other appropriate project locations consisting of the following members as given in table 7.1. Table 7.1 Positions and Duties of the GRC Members Designation/Official Position Function in the Committee Task Assigned Remarks Provincial Convener- (Chairman) Chairing the GRC Meetings, making recommendations and sending for action Grievance Notice should be Headed within a Officer representing RDA - at the project area Secretary- CE or EE of the RDA can act as the Secretary of the GRC Maintaining minutes, Correspondence on Decisions by the GRC
Name of Institute & Persons responsible Activities and responsibilities to implement social safeguards Road Development Authority Director Lands/ESD and Resettlement Assistants of the Land Division/ESD of the RDA. Provincial Chief Engineer/ RDA Executive Engineer/ RDA Project executing agency. Also Land Acquisition should be as per the guidelines stipulated in LAA, NIRP and World Bank operational policy on Involuntary Resettlement; and the resettlement could be done according to RAP. Acquisition is carried out it will follow normal acquisition procedure without following the section 38A Proviso, which is the emergency procedure of the LAA. Mitigation of social impact and Implementation of Grievance redress mechanism (as the Chairman of the GRC). Conducting Grievance redress Meetings. Coordination with line agencies. Act as the Secretary of the GRC. Public consultation and awareness raising. Coordination with line agencies to replace all structures, affected parties located within the RoW. Assist to DS of the area to implement land acquisition process under the LAA. Monitoring and Evaluation of social mitigation activities and progress implementation. Coordination with utilities agencies. Project Management Unit Project Director Overall responsibility/ supervision for implementation of RAP and providing necessary assistance and guidance for the project staff to implement social safeguards successfully. Implementation of RAP.