Annex-2: Field Observations: Social Environment S.No. Bridges Districts/ Location Social Issues Advanced Planning of Social Issues Measures Taken to Address the Issues Remarks 1 Trishuli River Bridge Project Gorkha Road) Dhading/ Hill i) Approach road to affect 1.3 ha of private land (Bari) of 12 hhs. ii) One residential / shop structure already dismantled voluntarily by owner. iii) Among 12 hhs., one is Brahmin, one is Gurung (IP) and 10 are Newars (categorized under advanced IP group) iv) One primary school shifted from its original where approach road is designed. Yes; the Design, Build and Transfer (DBT) Project, the contractor held discussions with the affected people to reach an agreement with affected land/ structure owners during IEE preparation. Private land / structure obtained on donation prior to construction by the Designer/ Contractor. i) Individual agreement letter signed by donors and included in the IEE document. ii) No grievances from assets losers during field visit/ discussions. iii) Locals expect significant rise of land after completion of bridge due to commercial prospects of the area. 2 Setipul Bridge) Kaski/ Hill i) Private land/ small structures in Hyanja VDC likely to be affected by approach road. The bridge site is close to the extended slum areas along the Seti River bank with about 75 structures and about 5 private structures. ii) No consultations are made with likely affected land/ structures owners and no information is documented about the likely impacts. No consideration of social issues during planning/ design phase. No measures taken to address the issues by any of the agencies concerned i.e DOR Regional/ Division Office or Contractor. i) No considerations made about land/ structures likely to be affected by approach road on the right side of the bridge. ii) VDC understanding/ agreement made for mitigating the issues. 3 Khageri River Bridge, Uttarakhanda Chitwan/ Terai i) No social issues noted on this bridge site as it belongs to community forests on either side of the river. No social issues are likely to Three Community Forest User Groups (CFUGs) were reported to have extended supports for bridge construction. i) No grievances heard about the bridge from people. ii) No documented information available about CFUGs' views/ opinions.
4 Rapti River Bridge Chitwan/ Terai i) No consultations are made with local people during design and construction. ii) Some private cultivated lands of 3-4 hhs. likely to be affected but no information recorded about such land and the owners who are mostly local Tharus (Indigenous People). No consideration of social issues during planning. No advance planning/ consultations made and no measures considered to mitigate the potential social issues/ disputes on private land. Some disputes likely to occur due to land take in future after completion of bridge. 2 (cont.) Field Observations: Natural Environment S.No. Bridges Districts/ Location Bridge Technical Features EA process undertaking Observed Environmental Issues Monitoring Works Remarks 1 Trishuli River Bridge Project Gorkha Road) (Photo 1) Start of construction works – August 2010 (Bhadra 2067). Work completion – nearly 40% Dhading/ Hill, length – 153m, Span – 3 (above 25 m), Approach road – 384m (LB) abd 382m (RB) Design and contract IEE (approved) The site was under active construction The observed environmental issues are: Occupational health and safety – protective gears are not used by the construction workforce, work without helmets, boots, gloves with bare foot and hands (Photo 2) Camp conditions – poor no proper beds and ventilations, tiolet dirty and inadequate, kitichens is dirty for healthy living of nearly 45 labor force (Photo 3). Oil Lekage – leakage of hydrocarbons seen where (Photo 4) bed morphology – highly disturbed due to mining of the bed material (Photo 5 and 6) Aquatic ecology – disturbed due to mining of the material by locals from the river flood plains and wet channels, Contractor engineer claim to have undertaken front line monitoring on day to day basis. But no documentation is available at site. As stipualted in the IEE report, the monitoring personnels are not seen at the site nor have visited the site As revealed by the locals supervision from the bridge unit is rare and do not give consideration on environmental matters. Approved IEE is generic and not specific, The mitigation measures proposed in the IEE reports are also not implemented as required by EMP. The contract document of the project does not include the environmental provisions in the Particulars of Contract, Contract specifications and Bill of Quantities.
spawning grounds damaged for a stretch of aout 300m Construction waste and solid waste – haphazardly disposed fuel wood is used in kitchen against the provision of alternative fuel to be supplied by contractors Local employment is none, because the contractor,s rate is lower than what is normally given in the local market as reealed by the locals As revealed by locals they have no knowledge of GESU monitoring works at the site. 2 Setipul Bridge) (photo 7) Start of construction (2066). Work completion – nearly 70% Kaski/ Hill Length -55 m Span -1 (above 25m) Appraoch road – nearly 350m (RB) not yet fixed. Designed by bridge unit and construction supervision by Road Division Kaski Has not undergone EA process. As per EPA screening criteria the bridge should have undergone IEE before implementation) There is no active construction at site. Issues at the time of construction could not be observed directly. The discussions with the locals residing close by revealed the following issues: Occupational health and safety – Personnel protective were not given to the construction workforce, excepts boots to the concreting workers at the time of concrete works Labor camps – small sheds with poor facilities for sleeping, cooking, toilets to accommodate nearly 40 labor force The abutment of the bridge is the site of construction waste dumping. Dumping of the community household waste is still ongoing at this site (Photo 8) The river bed material is being excavated by the local contractors downstream of the bridge location. The local contractor is given the license for mining by the District Development Committee and Road Division has no authority to prohibit the activity (Photo 9). The Road Division is responsible for the supervision monitoring of the works. Attention on the environmental issues, however, were seldom emphasized during supervision/monitoring of the road division GESU has never visited the site for supervision/monitoring As per the Bridge Design Manual 2067 this bridge is a major bridge and requires IEE level study before implementation to comply with the EPR screening criteria.
Annex-5 Social and Environmental Management (Transport/Bridge Sector) -Institutional Set up and Roles in the Bridge EA Process Institutions Nos. of Divisions/Sections Concerned Division/Sections/Branch Concerned Sections/Unit Role in EA Process /Bridge Other Roles National Policy/Planning Level National Planning Commission Financial Administration Division Social Development Division Infrastructure Development Division Agriculture and Rural Development Division Monitoring and Evaluation Division Resource Division Infrastructure Development Division Building, Development, Road and other transportation section Energy, Information Communication, Science and Technology and Environment Section No direct role or responsibility in EA process of the bridge projects It is the apex body for the preparation of development plan Base/Approach Paper for the plan period and selection and prioritization of the bridge projects for development and budgeting by the Ministry of Finance. Is also responsible for the formulation
and mainstreaming of national environmental policies across the development sectors. Ministry Level Ministry of Environment (MoE) Environment Division Climate Change Management Division Planning, Evaluation and Administrative Division Environmental Division Environmental Evaluation Section (EIA review and approval also covering social impacts) Environmental Pollution Control and Evaluation Section Environment Standard Section Environment Promotion and Fund Administration Section Directly responsible. It is the apex authority in the matters related to environment. It reviews the EIA documents of the bridge projects and has authority to give environmental approval for the bridge project development. It has power to delegate its approval authority for IEE level projects to the concerned agency (other sector ministry and sector departments). It has the authority to set pollution standards for emissions, effluents and other discharges into the environment. It has the authority of project environmental audit, and monitoring/supervision of compliance to environmental pollution and environmental approval conditions. It has the authority to penalize developer and prohibit the It has the responsibility of formulating environmental policies for approval from higher authority (Environment Protection Council, National Planning Commission). Mainstreaming the cross sectoral agencies in the matters related to environment policy and EA process is the other responsibility of this ministry. It has authority to prepare draft based on wider consultation with
Branch Unit for skill enhancement of DOR staffs including environment and social safeg. Development Unit Contract Document Unit Regional Directorate (5) and Divisions (25) consent and comments on the documents for approval processing Participate as concerned stakeholder in the review meetings of Scoping document, TOR, IEE and EIA documents organized by the MoPPWTM and MOE and give their consent and comments Co-ordinate with the sectoral and cross- sectoral ministries and departments for approval and permits such as MOFSC, Ministry of Energy, Department of Forests, Department of National Parks and Wildlife Conservation, Department of Irrigation, Department of Archeology etc. during project preparation and implementation Conduct or outsource to conduct environmental and social monitoring of the project under implementation Public disclosure of the EA process and docments conduct prefeasibility and feasibility study of the bridge project as directed by MoPPWTM in co-ordination with GESU; Implement or outsource for implementation of bridge project in co-ordination with GESU for environmental matters; Prepare contract bid documents in with GESU to incorporate environmental costs in the bid document
Department of Forests National Forest Division Planning and Monitoring Division Community forest Division Others Planning and Monitoring Division Monitoring and Evaluation section No direct role in EA process except assisting/providing suggestions to MOFSC on matters related to forest for allocation of forest area to the development projects. Conduct forest area demarcation for allocation, numbering of trees and implementation of mitigation measures as directed by MOFSC during project implementation in with the developer and sectoral ministry/Departments Assist and with MOFSC for the formulation of sectoral and cross –sectoral environmental policies related to forests. Department of National Parks and Wildlife Conservation No direct role in EA process except assisting/providing suggestions to on matters related to EIA study permission in the National Parks, Reserves, and conservation areas and allocation of forest area to the development projects which have accomplished EA process. Conduct forest area demarcation for allocation, Assist and with MOFSC for the formulation of sectoral and cross –sectoral environmental policies related to National Parks, Wildlife Reserves and Conservation Area.
numbering of trees and implementation of mitigation measures as directed by MOFSC during project implementation in with the developer and sectoral ministry/Departments Regional Level Regional Road Directorate No role in EA process Supervision of the bridge projects of the region implemented by the Road Division Office. Review, priorities and forward to Bridge Unit of the Department of Roads the new bridge projects and maintenance of the old bridges proposed by the Road Division office for development planning. Regional Forest Directorate No role in EA process Supervision of the forestry related activities of the region implemented by
the District Forest Office Regional Administrative Office No role in EA process Supervision of the law and order situation of the Region District Level Road Division Office No role in EA process during project preparation stage, however, during implementation stage, as it is the primary implementing organ of the Bridge unit, it has a role of construction supervision including environmental mitigation implementation compliance on day to day basis. As it outsource implementation contractor and prepare contract bid document it has the role to incorporate the environmental costs of civil works in the bid document in co-ordination with GESU based on the approved IEE/EIA documents as well as SEMP/EMP. Apart from this it has to co-ordiante with the district forest It has the role to identify new bridge development projects in consultation with the communities and as required for the overall transportation link development and maintenance of the old bridges within the jurisdiction of the division office and priorities and forward to the Regional Road Directorate for development planning purpose.
Acts as first legal tier of Grievance handling and conflict resolution District Development Committee Office No Direct role during project preparation. It has following role to play during pre-construction phase of implementation. Function as a member of the Compensation Fixation Committee for land and property acquisition Request the road division office for the incorporation of new bridge projects in the district for development planning with district prioritization. Local Level Village Development Committee/ Municipalities As per the environment Protection Regulation, recommendation letters from the VDC/municipality of the project implementation area on the project is mandatory which is required along with the IEE/EIA reports while submitting for environmental approval to MOE and MoPPW. VDCs and Municipalities have the authority in the environmental management of their jurisdiction as per LSGA, 199 9. Annex-6: Environment and Social Management – Mandates and Responsibilities (Key Institutions) Institutions Mandates and Responsibilities Practice Remarks
regard/acknowledge this as official information. As of the date, the ministry and its line agencies get the official information of the project impacts only when the developing agency seeks approval for forest land required for the project. The is regularly formulating forest policies which have direct implications to the developing projects without any with the other sectoral ministries. Sector Ministries (concerned with Transport and Bridge) Formulation of sectoral policies and plans for sector development Participation and sector inputs in the formulation of cross-sectoral policies on environment Co-ordination with the sector line agencies for the implementation of cross –sector projects including transport and bridges Same as that of the Ministry of Forests and Soil Conservation Same as that of the Ministry of Forests and Soil Conservation Department of Roads Bridge Unit Translate Government policies for the Bridge sub-sector from policy, planning, design , quality and standards and implementation perspectives Conduct or outsources Pre-feasibility studies of SRN bridges and alternative analysis to select environmentally, socially, and financially suitable bridge option in coordination with GESU Conduct or outsource feasibility of selected option and approve design and cost estimation for implementation in with GESU Screening of projects for mid-term, and long-term bridge development and forward to higher authorities, Ministry for approval. Screening of bridge projects for regular and periodic rehabilitation and maintenance and forward to higher authorities, Ministry for approval. Forward approved projects for Contract Document Unit Implementation of bridge projects through itself or forward to the Regional Directorate and Divisions for implementation During pre-feasibility and feasibility stage of project preparation, there is very poor pro-active co-ordiantion with the GESU, an environmental/social wing of the Department of Roads. As a result the reports are weak in terms of initial environmental screening and site alternatives of the proposed projects to avoid, and minimize the environmental and social impacts and mainstreaming of the EA process and required budgets in the subsequent phases of project preparation. Project supervision by the bridge unit does not give due consideration of environment Co-ordination With GESU is poor both at planning and implementation A minimum level of environmental / social supervision by the bridge unit is needed for all bridge projects Contract bid documents should at least reflect the
all sectoral ministries (nearly 40 EIAs are approved in a fiscal year, approximately 250 EIAs are currently under process) section is highly under pressure. With the current rate of approval about 40 project a year, it will take about 6 additional years to complete the EIA approval of the existing backlogs. Obviously the human resource in the environmental section of MOE is highly inadequate. Ministry of Physical Planning and Transport Management 141 23 118 All works and function of the MoPPWTM Planning Monitoring and Evaluation for IEE review and approval and EIA review at the MoPPW 1 1 - Review of IEE TOR and review and approval of IEE; Review of EIA scoping and TOR , and, Review of EIA related to transport, bridge, supply, buildings, etc and forwarding to MOE for approval (more than 100 projects are under process now) Only one person to process the IEE and EIA reports originating from the line agencies of MoPPW. As a result MoPPWTM has ommited to review the TOR of IEE projects which has a direct relvance to the screening of issues for IEE studies and quality of the IEE reports based on the TOR approved without review process. Department of (including Regional Directorate and Road Division) 2610 2300 310 All works and function of the DOR including road and bridge development initiated by DOR Bridge Unit at the DOR 24 15 9 Pre-feasibility, feasibility study of the bridge (35 new bridges are under design; 350 bridges are under construction now; 50 to 60 bridges construction is completed each year; 70 to 80 new bridges are taken up for construction each year, 12 to 1300 bridges currently require maintenance), model contract documents (for all bridge projects), and implementation supervision/monitoring of centrally implemented projects (3 projects). Supervision and monitoring of the projects implemented by Regional Considering the workload in the bridge unit, the working technical staff in the project is inadequate. Further lack of special training related to bridge design to the staffs of the unit, the unit has to entirely depend on outsourcing of the consultants for design as well as review of the design. As the unit also directly supervise the central level projects (3), supervisory functions of the uit for the bridge construction and maintenance projects
Response: This happens to be first program of support under the PforR instrument in Nepal. This does not exclude other program development under the same instrument or other existing instruments. Comment: How the resources for new construction and completion of ongoing bridges will be assured? World Bank finance will come only after there is result (which mean completion of bridge). Will there be verification or third party audit? World Bank procedures for releasing the money are very lengthy – this needs to be simplified and shortened. Response: About 25% would be transferred to government as an advance. As and when results are verified, the amount will be transferred. Bank will not be requiring the use of Bank procedure – it will be government system. Comment: Consideration to local social issues is important. There are examples in Nepal, in which project did very well as a contribution towards Nation's economic development or national needs but it was not very healthy for the community/local people (they were/are the suffer only). Hence, consideration to social aspects, local concerns and benefits should be included or given priority in the project. Comment: Fixation of land value and compensation payment is one of the important issues. Though there is Land Acquisition Act, there is no regulation. We really need a sound guideline on this – value of land depends on location and changes with time. The value needs to be fixed accordingly. Comment: During implementation, issues related to wages, payment to worker, employment opportunity, and health including HIV/AIDS etc often comes up. These needs to be thought well during planning and managed during construction. Consultation Workshop Environmental and Social Systems Assessment for Nepal Bridges Improvement and Maintenance Program Support Hotel Yak and Yeti Kathmandu, Nepal April 23, 2012 Time Sessions Speaker 12:15pm Registration - 12:30pm – 1:10pm - 1:10pm Welcome address Mr. Farhad Ahmed, Sr. Transport Specialist, World Bank