Docstoc

Normal template - DOC 4

Document Sample
Normal template - DOC 4 Powered By Docstoc
					Environmental and Social Management
            Framework

Regional Communications Infrastructure Program
              (RCIP) Phase 2
 Rwanda Communications Infrastructure Project
                (RCIPRW)



                   FINAL REPORT




                         April 24, 2008

      Prepared by Environmental Resources Management, Ltd.
               1001 Connecticut Avenue, Suite 1115
                      Washington DC 20016
          CONTENTS




ABBREVIATIONS                                                             3



1         PROJECT DESCRIPTION                                             5

1.1       DESCRIPTION OF THE RCIP RWANDA (RCIPRW)                         5
1.2       APPLICABLE WORLD BANK SAFEGUARD POLICIES                        7
1.3       OBJECTIVE OF THE ESMF                                           8

2         RCIP IMPLEMENTATION ARRANGEMENTS                                9

2.1       REGIONAL COORDINATION                                          9
2.2       INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS FOR RWANDA      10

3         APPLICABLE INTERNATIONAL BEST PRACTICE FOR ENVIRONMENTAL
          MANAGEMENT IN THE TELECOMMUNICATIONS SECTOR           11

3.1       TELECOMMUNICATIONS INFRASTRUCTURE                             11
3.2       ENVIRONMENTAL IMPACTS                                         15
3.3       SOCIAL IMPACTS                                                17
3.4       ENVIRONMENTAL AND SOCIAL MONITORING                           18
3.5       PUBLIC CONSULTATION AND COMMUNICATION                         18

4         LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK           19

4.1       LEGISLATIVE REQUIREMENTS FOR ENVIRONMENTAL MANAGEMENT         19
4.2       LEGISLATIVE REQUIREMENTS FOR TELECOMMUNICATIONS SECTOR        19
4.3       INSTITUTIONAL ARRANGEMENTS FOR THE TELECOMMUNICATIONS AND
          ENVIRONMENTAL SECTOR IN RWANDA                                20
4.4       GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS   24

5         IMPACT ASSESSMENT AND MITIGATION MEASURES                     26

5.1       POSITIVE ENVIRONMENTAL IMPACTS AND SOCIOECONOMIC BENEFITS     26
5.2       POTENTIAL NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS           27
5.3       POTENTIAL OCCUPATIONAL, HEALTH AND SAFETY RISKS               28
5.4       ENVIRONMENTAL AND SOCIAL MONITORING                           28

6         SUB-PROJECT SCREENING, REVIEW AND APPROVAL                    37

6.1       IMPLEMENTING AGENCY                                           37
6.2       SCREENING AND REVIEW PROCESS                                  37
6.3       APPRAISAL AND MONITORING PROCESS                              40

7         ACTION PLAN FOR IMPLEMENTATION OF EMPS                        43


          ENVIRONMENTAL RESOURCES MANAGEMENT   1                        RCIP 2 ESMF
7.1   IMPLEMENTATION GUIDELINES FOR AN EMP                           43

8     PUBLIC CONSULTATION AND DISCLOSURE PROCESS                     46

8.1   PROCESS FOR PUBLIC CONSULTATION IN THE ESMF                    46
8.2   PROPOSED DISCLOSURE PLAN                                       46

9     CAPACITY BUILDING RECOMMENDATIONS                              48

9.1   STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF    48

10    PROPOSED BUDGET                                                50



11    ANNEX 1: IFC’S EHS GUIDELINES FOR TELECOMMUNICATIONS           51



12    ANNEX 2: IFC’S GENERAL OCCUPATIONAL, HEALTH, AND SAFETY
      GUIDELINES                                              101



13    ANNEX 3: SCREENING FORM                                       116



14    ANNEX 4: WORLD BANK SAFEGUARD POLICY OP 4.01                  120



15    ANNEX 5: TERMS OF REFERENCE FOR ESIA                          130



16    ANNEX 6: EXAMPLE OF ENVIRONMENTAL CONTRACT CLAUSES            132



17    ANNEX 7: FORMAT OF AN ANNUAL ENVIRONMENTAL REPORT             136



18    ANNEX 8: TERMS OF REFERENCE FOR AN EMP                        137




      ENVIRONMENTAL RESOURCES MANAGEMENT   2                        RCIP 2 ESMF
ABBREVIATIONS




AFOM             French Association of Mobile Phone Operators
APL              Adaptable Program Loan
CAGR             Compound Annual Growth Rate
CFCs             chlorofluorocarbons
CIP              Communications Infrastructure Project
DEC              District Environmental Committees
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
EIS              Environmental impact statement
EMF              Electric and Magnetic Fields
EMP              Environmental Management Plan
ENRM             Environment and Natural Resources Management
EPA              Environmental Protection Act
EPPC             Environmental Pollution and Protection Council
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
IXPs             Internet Exchange Points
LNG              Liquefied natural gas
Mbit             megabit
MET              Ministry of Environment and Tourism
MICOA            The Environmental Action Coordination Ministry
MPSCS            Michigan Public Safety Communications System
MTENR            Ministry of Tourism, Environment, and Natural Resources
NEMA             National Environmental Management Authority
NEMC             National Environment Management Council
NEPAD            New Partnership for Africa‘s Development
NGO              Non-governmental Organization
NICI             National Information and Communication Infrastructure
NTP              National Telecommunications Policy
OHS              Occupational health and safety
PIU              Project Implementation Unit
PPP              Public-Private Partnership
PTC              Postal and Telecommunications Corporation
RAP              Resettlement Action Plan
RCIP             Regional Communications Infrastructure Program
RCIPRW           Rwanda Communications Infrastructure Project
REMA             Rwanda Environment Management Authority
RITA             Rwanda Information Technology Authority
ROW              Right-of-Way


ENVIRONMENTAL RESOURCES MANAGEMENT           3                                   RCIP 2 ESMF
RPF              Resettlement Policy Framework
RURA             Rwanda Utilities Regulatory Agency
SATA             Southern Africa Telecommunications Association
SEA              Swaziland Environment Authority
SPTC             Swaziland Postal and Telecommunications Corporation
TCC              Tanzania Communications Commission
ToR              Terms of Reference
USFWS            U.S. Fish and Wildlife Service




ENVIRONMENTAL RESOURCES MANAGEMENT           4                         RCIP 2 ESMF
1           PROJECT DESCRIPTION




            The World Bank is embarking 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 and
            initiated in mid-2007, includes country-specific projects in Kenya, Burundi, and
            Madagascar, for a total of US $164.5M. The second Phase of the program covered by
            this framework includes a country-specific project in Rwanda. Subsequent phases,
            are expected to include Eritrea, Democratic Republic of the Congo (DRC), Lesotho,
            Malawi, Mozambique, Tanzania, and Uganda, depending on their readiness. Other
            countries may also request to join once the first phase moves 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 RWANDA (RCIPRW)

            The proposed second phase of the RCIP covers Rwanda with the Rwanda
            Communications Infrastructure Project (RCIPRW)

            The objectives of the RCIPRW is to contribute to extend the geographic reach of
            broadband networks beyond the core urban center of Kigali, to provide connectivity
            to public institutions and to ensure that a basic package of internet access is
            available at a price that is affordable to people on the ground.



    1.1.1   Project components

            Component 1 – Enabling Environment

            This component will provide capacity building support to the two key agencies of
            government concerned with the project, RITA and RURA. Part of this capacity
            building will support overall functions of the agencies to ensure that the market and
            regulatory environment fully supports the agencies to achieve the objectives of
            government. This support will be provided through a combination of technical
            advisory support, training and one-off studies. This component will also provide

            ENVIRONMENTAL RESOURCES MANAGEMENT       5                                  RCIP 2 ESMF
        the preparatory work that will be required for the connectivity work to be
        undertaken as the main focus of the project. This component will also provide
        technical assistance to the Ministry in charge of ICT on international connectivity
        issues and for the Formulation of governance and disbursement mechanism for the
        connectivity component activities.

        Component 2 – Connectivity

        The aim of the connectivity component is to lower the barrier for investment by
        operators to extend broadband access geographic coverage. This will come in the
        form of financial support to connect public institutions across the country to
        broadband networks and to ensure that a basic package of broadband connectivity
        is available to consumers across the country. The project support will complement
        the US$40million investment being pledged by the Government for the ICT sector
        as well as the current efforts led by RURA under the Universal Service Fund
        initiative.

           Subcomponent 2.1– Support to the roll-out of the national broadband
            infrastructure. The focus of this subcomponent is the roll-out of a broadband
            access network to provide ready access to a basic package of broadband services
            at low-cost across the country. This will be done on a competitive minimum-
            subsidy (OBA) basis and will be open to any licensed operator or ISP willing to
            invest and provide the specified services. This subcomponent will complement
            the other investments that the government and the private-sector are
            undertaking to boost connectivity and the capacity of the backbone network
            linking district centres.

           Subcomponent 2.2. - International connectivity. As a land-locked country,
            Rwanda faces significant challenges in getting access to low-cost international
            connectivity. This component would support this objective through the
            purchase of bulk international capacity on regional and international networks
            aimed at targeted users and in support of small internet service providers.

1.1.2   Component 3 – Project Management

        The project will be implemented by RITA in close cooperation with RURA. A small
        experienced technical team will be established within RITA which will have overall
        responsibility for the project and will report to the ED of RITA. This technical team
        will be made up of three additional staff to be hired by RITA: (a) RCIP project
        manager; (b) A technical network engineer; (c) A senior telecommunications
        network procurement expert. This technical team will be complemented by the
        support team (i.e. financial management, procurement support etc.) within the
        combined eRwanda/RCIP project unit. This support team will be expanded (an
        additional financial management expert and an additional procurement expert) to
        enable it to manage the additional responsibilities of both the RCIP and eRwanda
        projects.




        ENVIRONMENTAL RESOURCES MANAGEMENT        6                                  RCIP 2 ESMF
1.2   APPLICABLE WORLD BANK SAFEGUARD POLICIES

      The physical components of the RCIPRW will mostly be limited to the rollout of
      access networks, and of the virtual landing station for access to the submarine cable
      outside of Rwanda. The risks associated with this kind of infrastructure are
      generally low, and the RCIPRW therefore rates as environmental category B under
      OP 4.01. Land acquisition for terrestrial facilities (if any) might be needed for the
      virtual landing station. These are likely to be existing telecom-related buildings and
      therefore not likely to require involuntary resettlements. Based on the foreseen set
      of activities under RCIPRW, the triggering of OP 4.04 - Natural Habitats and OP
      4.11 - Physical Cultural Resources is not expected. The potential application of
      these safeguards will be reviewed again during the implementation of the project
      prior to rolling-out of the activities and if likely to be triggered appropriate
      measures will be carried out in line with those defined in Chapter 5.4 (Table 5.1) of
      this 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 this Environmental and Social
      Management Framework (ESMF) and in the associated 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 as 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. Under the new design, financing of submarine cables is not
                 foreseen.
                 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 for the terrestrial facilities, in line with
                 the ESMF, 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 (in line with the mitigating measures defined in
                 Chapter 5.4 – Table 5.1).
         []      Pest Management (OP 4.09)
      [ TBD]     Cultural Property (OP 4.11)
                 The RCIP is not anticipated to result in impacts to cultural property in Rwanda 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


      ENVIRONMENTAL RESOURCES MANAGEMENT             7                                      RCIP 2 ESMF
                 (in line with the mitigating measures defined in Chapter 5.4 – Table 5.1).

        [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 Rwanda, land acquisition for
                 terrestrial facilities (if any) are likely to be existing telecom-related buildings and
                 therefore not likely to require involuntary settlements. A Resettlement Policy
                 Framework (RPF) will be prepared for the overall program. 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 Rwanda.
         []      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)



1.3   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 RCIPRW.

      The ESMF will build on the work conducted under Phase 1. Since Phase 2 only
      covers Rwanda at this stage, the ESMF will focus primarily on the necessary
      arrangements for Rwanda. In particular, the ESMF will focus on developing options
      for the implementation of an ESMF at the Program level, which will serve as
      guidelines for the development of country- and project-specific Environmental
      Management Plans (EMP) and Resettlement Action Plans (RAPs).

      The frameworks 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, for Rwanda.




      ENVIRONMENTAL RESOURCES MANAGEMENT              8                                       RCIP 2 ESMF
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.
          Considerable work has already been done in getting different governments to
          coordinate national programs, with some activities financed by the World Bank
          Group and other donors as noted in earlier discussions. It is also likely that existing
          convening frameworks will continue to be used. These include:

             Government policy forums under the African Union sponsorship: policy forums
              are regularly convened for the ICT sectors at the Ministerial level for policy
              decisions or at the technical level for policy development. This also includes
              activities carried out by the New Partnership for Africa‘s Development
              (NEPAD) eAfrica Commission (based in South Africa), which has tabled the
              NEPAD ICT Broadband Network Protocol that should be undergoing revisions
              following input from the industry.
             Operators‘ forums under the EASSy, East Africa Backbone operators‘
              association (EABs), and Southern Africa Telecommunications Association
              (SATA). The EASSy and EABs initiatives have led to regular discussion and
              coordination between operators driven by the desire to accelerate infrastructure
              roll-out..
             All-stakeholders meetings and the joint Government/Operators/Development
              Financial Institutions Task Force.

          With the exception of the NEPAD eAfrica Commission meetings, most of the above
          convening/coordinating activities have not needed donor financing: we expect this
          to continue. NEPAD eAfrica Commission activities have been supported with
          various grants, including a grant from PPIAF. Other donors are currently
          contributing to its financing. Any additional World Bank Group-related trust funds
          may be subject to increased efforts by the Commission to broaden the consensus
          (including with telecom operators) around its regional ICT infrastructure-related
          activities.




          ENVIRONMENTAL RESOURCES MANAGEMENT        9                                   RCIP 2 ESMF
             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 RWANDA

             The RCIPRW Project will be implemented by the RITA, which operates under the
             Minister in the Office of the President in charge of Science and Technology (refer to
             Figure 2.1). RITA is the Government body mandated to coordinate all ICT projects.
             It is currently implementing the eRwanda project and it has been agreed that its
             mandate will be expanded to include the implementation of RCIP Rwanda. The
             day-to-day operations of the eRwanda project are being implemented by a
             dedicated eRwanda implementation team headed by a full-time Project Manager.
             RITA will be strengthened by additional technical staff reporting to the RCIPRW
             Project Manager, 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. In order to support both projects, the joint eRwanda/RCIP support team
             will be supplemented by additional resources for finance and procurement.


Figure 2.1   eRwanda and RCIP structure institutional design


                                          Office of the President
                 MINECOFIN
                                            Minister of Science                                       RURA
                                             and Technology




                                                  RITA Board
                                                                                                             Consultative Group

                                              Executive Director                                               RITA, RURA,
                                                                                                               MINECOFIN,
                RITA                                                                                         operators & ISPs,
                                                                                                                consumers
                                                               eRwanda technical




                                                                                   RCIPRW technical
                                                                    team
                                                                    team




                                                                                        team
                                                                                        team




                        Other RITA projects




                                                                 eRwanda/RCIP
                                                                  Support team
                                                               (FM, Procurement)




             ENVIRONMENTAL RESOURCES MANAGEMENT                          10                                                       RCIP 2 ESMF
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

3.1.1   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. Two case studies, from Australia and France, illustrating
        how telecommunications facilities are managed in protected areas are provided in
        Box 3.1.

        Geography and topography greatly influence the locations of bird migration routes
        and the movements and habitats of other species. Bird migration paths typically
        follow major landscape features such as coastlines, mountain ridges, and river
        corridors. The USFWS Guidelines recommend that towers should not be sited in or
        near wetlands, other known bird concentration areas, known migratory or daily
        movement flyways, or the habitat of threatened or endangered species. Also, towers
        should not be located in areas with a high incidence of fog, mist, and low cloud

        ENVIRONMENTAL RESOURCES MANAGEMENT       11                                   RCIP 2 ESMF
          cover. Migratory birds typically travel at night and are far more likely to crash into
          towers under foggy or low cloud ceiling conditions (see Lighting below).


Box 3.1   Managing Telecommunications Facilities in Protected Areas




          France, National Charter on Environmental Recommendations between State and
          Mobile Phone Operators
          A National Charter on Environmental Recommendations was signed by the
          Government and the three national operators (July 12, 1999). It divides the country
          into four distinct categories:
           ‗Regular areas‘ with no special attributes, regulated by common law;
           ‗Areas under surveillance‘ (e.g., with protected historical sites, vulnerable species)
           ‗Landscape areas,‘ some parts of which are of high environmental value and may
          be protected by the State; and
                 ‗Protected areas.‘
          The Charter assigns different levels of obligation for each of the above-mentioned
          categories to operators that want to site towers. Towers in protected areas can only be
          installed on an exceptional basis and are highly regulated. Their environmental
          footprint must be minimal and they must be integrated into the scenery.
          Reference: National Charter on Environmental Recommendations between the State
          and Mobile Phone Operators (July 12, 1999), France.

          Australia, National Parks and Wildlife Act
          The National Parks and Wildlife Act of 1974 states that the Minister for the
          Environment, Heritage and Local Government may authorize installation of
          telecommunications facilities in National Parks, provided that the following
          conditions are met:
           ―There is no feasible alternative site for the proposed telecommunications facility
          concerned on land that is not reserved under this Act, and
           The site of any proposed above ground telecommunications facility covers the
          minimum area possible, and
           The proposed telecommunications facility is to be designed and constructed in
          such a manner as to minimize risk of damage to the facility from bushfires, and
           The site and construction of the proposed telecommunications facility have been
          selected, as far as is practicable, to minimize the visual impact of the facility, and
           If feasible, an existing means of access to the proposed site of the lease, license,
          easement or right of way is to be used, and
           The proposed telecommunications facility is essential for the provision of
          telecommunications services for land reserved under this Act or for surrounding
          areas to be served by the facility, and
           The telecommunications facility is to be removed and the site of the facility is to
          be restored as soon as possible after the facility becomes redundant (for example, due
          to advances in technology), and
           The site of the proposed telecommunications facility has been selected after
          taking into account the objectives set out in any plan of management relating to the
          land concerned, and
           The proposed telecommunications facility is, if feasible, to be co-located with an
          existing structure or located at a site that is already disturbed by an existing lease,
          license, easement or right of way on the land concerned.‖
          Reference: National Parks and Wildlife Act, Australia, 1974.



          ENVIRONMENTAL RESOURCES MANAGEMENT            12                                     RCIP 2 ESMF
3.1.2   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.

        The most common existing support structures for antennae and related equipment
        are billboards, water towers, utility poles, and buildings. In certain U.S. and
        Canadian cities, operators must prove that a new tower is needed and that there are
        no suitable co-location options. For example, the Policy for Telecommunications
        Towers for the City of Surrey, Canada, requires all applicants for freestanding
        telecommunications structures to ―identify any other structure within a radius of
        1,640 feet of the proposed location and to provide reasons why other existing
        structures within that radius are not acceptable for use.‖ Due to this factor, carriers
        build new towers only when there are no other suitable options.

        In the United States and Canada, certain zoning laws require future co-location
        options for new antenna. It is, therefore, best practice for local authorities to require
        every new freestanding tower to be designed and constructed to optimize future co-
        location functionality. It should be noted, however, that there may be complexities
        in applying such a requirement given the potential range of technical requirements
        that must also be met (e.g., distance requirement between each antenna on the same
        tower).

3.1.3   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;


        ENVIRONMENTAL RESOURCES MANAGEMENT        13                                    RCIP 2 ESMF
            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.

        In France, the AFOM and French Association of Mayors, representing village and
        city mayors, have agreed since 2003 to follow a guide of best practices when
        constructing new towers for antennae. This guide provides framework, process, and
        techniques and approaches for operators and mayors or local authorities to work
        together to minimize visual impacts of towers and antennae.

3.1.4   Tower Height

        Several studies in the U.S. positively correlate the greater height of freestanding
        towers to higher bird mortality. The results from Gehring (2004)2 in particular
        document this relationship. The USFWS Guidelines recommend that: ―If co-
        location (e.g., the installation of antennae on existing structures) is not feasible and a
        new tower or towers are to be constructed, communications service providers
        should be strongly encouraged to construct towers no more than 199 feet (or 60.70
        meters) above ground level (AGL).‖3

        In some cases, however, various technical and service factors may call for towers in
        excess of 60 meters, such as population density in the service area; the propagation
        characteristics of radio signals at different frequencies on the radio spectrum; and
        the size of the target service area. Different types of wireless services also have
        different technical and construction requirements. The United Kingdom Policy
        Guidance on Telecommunications states that ―Authorities will need to ensure that
        they have before them all the relevant planning information, including details of
        any related mast proposals and of how the proposal is linked to the network, to
        enable applications to be properly considered.‖4

        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,

        (1)      2An avian collision study plan for the Michigan Public Safety Communications System (MPSCS), Central Michigan

        University, Gehring, 2004.


        (2) 3 Service Interim Guidelines for Recommendations on Communications Tower Siting, Operations, and Decommissioning, United
        States Fish and Wildlife Service, 2000.


         (3) 4 Planning Policy Guidance on Telecommunications, United Kingdom Department for Communities and Local Department,
        2001.




        ENVIRONMENTAL RESOURCES MANAGEMENT                          14                                                   RCIP 2 ESMF
        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.

3.1.5   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. This payment should be used to strengthen the management and
        protection of natural protected areas or protect an area with similar environmental
        characteristics in another location. The revenues for this type of project must be
        administered by the entity in charge of protected areas and involve academic and
        research entities.

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
        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


         (4) 5 City of Surrey, Canada, Policy for Telecommunication Towers, 2002, http://www.fcm.ca/english/documents/surrey.pdf


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




        ENVIRONMENTAL RESOURCES MANAGEMENT                            15                                                     RCIP 2 ESMF
        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 overfill prevention.


        ENVIRONMENTAL RESOURCES MANAGEMENT         16                                    RCIP 2 ESMF
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).


        ENVIRONMENTAL RESOURCES MANAGEMENT       17                                  RCIP 2 ESMF
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 2 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.




      ENVIRONMENTAL RESOURCES MANAGEMENT        18                                   RCIP 2 ESMF
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
          Rwanda including the laws and regulations for environmental management and
          related sector laws and requirements for environmental impact assessment studies.

          The Constitution of Rwanda, adopted on May 26, 2003, provides all citizens with
          the right to a healthy and satisfying environment. Everyone has the obligation to
          protect, maintain, and promote the environment. The State ensures environmental
          protection (Article 49).
          Organic Law on Environment Protection, Law No. 04/2005, of 8 April 2005

          The law lays out the general legal framework for environment protection and
          management in Rwanda. In particular, it provides the fundamental principles
          underlying environmental protection in Rwanda, among which are the following:
           The protection of the environment is ensured by avoiding and reducing negative
            impacts on the environment. This results from an environmental evaluation of
            policies, programs, and projects aimed at preventing the environmental impacts
            of such activities;
           Sustainability of the environment and equity among generations;
           The ―polluter pays‖ principle;
           The right of the population to be informed about environmental protection; and
           The status of international cooperation for the protection of the environment as a
            priority of the State of Rwanda.

          This law also sets the environment as a priority concern of the Government of
          Rwanda. The law gives the right to every natural or legal person in Rwanda to live
          in a healthy and balanced environment and gives the State the role of guarantor of
          the protection and promotion of the environment (Article 3). The law also provides
          general principles for the usage and management of land, water, air, and
          biodiversity.

          The law sets the obligations of both the State and population. Title 3, Chapter 4
          establishes obligations in regards to EIAs: all projects must undergo an EIA (Article
          67). It also sets the components of the EIA.

          The Rwanda National Environmental Authority is responsible for the
          implementation of the law as well as EIA approval.



    4.2   LEGISLATIVE REQUIREMENTS FOR TELECOMMUNICATIONS SECTOR

          This section provides a general overview of the applicable legal frameworks in
          Rwanda related to the regulation of the telecommunications industry.




          ENVIRONMENTAL RESOURCES MANAGEMENT      19                                   RCIP 2 ESMF
             The government of Rwanda has designed an ICT Policy and undertaken a sector
             reform with the objective of promoting the development of the ICT sector in
             Rwanda. With this reform, the government‘s vision is to join the emerging economy
             countries‘ group by 2020. Rwanda adopted an ICT-led Socioeconomic Development
             Policy in 2000, followed by the first ICT Plan for 2001-2005. A number of Ministries,
             including the Ministry of Environment, have adopted an ICT Plan with the objective
             of integrating ICT in all the State‘s programs and policies.

             The following laws were passed following the government‘s ICT Policy:
              Law N° 44/2001 of November 30, 2001, governing telecommunications opened
               the market to the private sector;
              Law N° 39/2001 of September 13, 2001, established the Rwanda Utilities
               Regulatory Agency (RURA, l’Agence de Régulation des Services d’Utilité Publique);
               and
              Law N° 32/2002 of October 2, 2002, creates the Rwanda Information Technology
               Authority (RITA).

             The following decrees apply to the telecommunications sector:

Box 4.1      Applicable decrees regarding telecommunications sector in Rwanda

                Ministerial decree N° 2/DC/04 of 07/06/2004 on instructions relating to publication in the
                 Official Journal of the modifications to be made to telecommunications licenses.
                Ministerial decree N° 3/DC/04 of 07/06/2004 not requiring a license of
                 telecommunications on telecommunications networks and services.
                Ministerial Decree N° 4/DC/04 of 07/06/2004 on yearly rentals by public utility services.
                Ministerial decree N° 5/DC/04 of 07/06/2004 on the general conditions and principles of
                 invoicing interconnection agreements.
                Ministerial Decree N° 6/DC/04 of 07/06/2004 on installation of terminal facilities and
                 telecommunications infrastructure on public and private property.
                Ministerial decree N° 7/DC/04 of 07/06/2004 determinant contents of the register of
                 activities of the regulation council regarding telecommunications.
                Ministerial decree N° 8/DC/04 of 07/06/2004 on the additional or specific types of
                 agreements, decisions, practices, and codes of conduct considered to be anti-competitive or
                 abusive of a dominant position.
                Ministerial decree N° 9/DC/04 of 07/06/2004 on the conditions for built-in licenses for
                 telecommunications and radio communication.


             The project will be implemented by Rwanda Information Technology Authority
             (RITA), the Government body mandated to coordinate all ICT projects.



       4.3   INSTITUTIONAL ARRANGEMENTS FOR THE TELECOMMUNICATIONS AND
             ENVIRONMENTAL SECTOR IN RWANDA

             This section identifies organizations in Rwanda 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.




             ENVIRONMENTAL RESOURCES MANAGEMENT              20                                          RCIP 2 ESMF
Table 4.1   Role and responsibilities of institutions and regulatory agencies in Rwanda for RCIP

            Institution / regulatory agency          Role
            Ministère des Terres, Environnement,     The role of the Ministry is to manage the environment and natural resources. It covers the
            Forêts, Eaux et Mines (Ministry of Land, following issues: land, water and sanitation, environment, ICT, forestry, mines, and planning.
            Environment, Forests, Water and
            Mines)

            Office Rwandais de Protection de    REMA was created in 2006 by Law No. 16/2006. Its mission is to control, monitor, and ensure
            l’Environnement (Rwanda Environment that environmental issues are incorporated in all the national development programs in
            Management Authority, REMA)         Rwanda.

                                                      In particular, its mandate is to:
                                                       Implement the government‘s decisions regarding the environment;
                                                       Act as the government‘s counselor on environmental strategies and legislation;
                                                       Prepare and publish a report every two years on environmental management in Rwanda;
                                                       Examine and approve EIAs;
                                                       Conduct scientific research;
                                                       Monitor development programs to ensure that relevant environmental legislation is being
                                                          followed;
                                                       Participate to the elaboration of accidental prevention measures that affect the environment;
                                                       Provide support to all entities involved in environmental management; and
                                                       Develop and publish manuals on environmental management norms and legislation.

            Ministère de l’Infrastructure (Ministry of The Ministry‘s mission is to create favorable conditions to allow the population equitable and
            Infrastructure)                            sustainable access to transport infrastructure, communication facilities, housing, reliable energy,
                                                       and sustainable urban development, while protecting the environment. One of its strategic
                                                       objectives is to develop modern communications infrastructure to increase the population‘s
                                                       access to communications services.




            ENVIRONMENTAL RESOURCES MANAGEMENT           21                                       RCIP 2 ESMF
Institution / regulatory agency            Role
L’Agence de Régulation des Services        RURA is the regulatory body for the telecommunications sector in Rwanda. It was created by
d’Utilité Publique (The Rwanda Utilities   Law n° 39/2001 of September 13, 2001, with the mandate to regulate certain public utilities:
Regulatory Agency, RURA,)                   Telecommunications network and/or services;
                                            Electricity;
                                            Water;
                                            Removal of waste products from residential or business premises;
                                            Extraction and distribution of gas; and
                                            Transport of goods and persons.

                                           Its mission is to:
                                            Ensure that certain utilities provide goods and services throughout the country to meet
                                                demands and needs of all natural persons and organizations;
                                            Ensure that all utility suppliers have adequate means to finance their activities;
                                            Continually promote the interest of users and potential users of the goods and services
                                                provided by utilities so that there is effective competition in each utility sector; protect users
                                                from abuses of monopoly positions;
                                            Facilitate and encourage private sector participation in investments in public utilities; and
                                            Ensure compliance by public utilities with the laws governing their activities.

Rwanda Information Technology              RITA was established in 2002 as government organization with the mandate to consolidate and
Authority (RITA)                           coordinate the State‘s information technology resources, policy and strategy. Its mission is to
                                           facilitate the attainment of Vision 2020 through:
                                            The use of ICT to support national transformation and service delivery;
                                            The efficient use of high-ICT resources and services; and
                                            The promotion and integration of existing and emerging ICTs.




ENVIRONMENTAL RESOURCES MANAGEMENT            22                                        RCIP 2 ESMF
ENVIRONMENTAL RESOURCES MANAGEMENT   23   RCIP 2 ESMF
4.4     GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS

        To ensure that the ESMF will be effectively implemented in Rwanda 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
        Rwanda provides sufficient basis for EIAs and EMPs to be completed for
        proposed activities under the RCIPRW. 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).



4.4.1   Recommendations for updating relevant Rwandan legislation under the RCIP

        As outlined in the previous section, the main law for environmental protection
        in Rwandan is the Organic Law on Environment Protection, Law No. 04/2005, of 8
        April 2005 which lays out the general legal framework for environment
        protection and management. 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 Rwanda. 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 two key
        agencies of government concerned with the project, RITA and RURA.




        ENVIRONMENTAL RESOURCES MANAGEMENT     24                              RCIP 2 ESMF
Table 4.2      Gap assessment and comparison of legislation in Rwanda

Issue                                             Rwanda                                    WB / IFC safeguard requirements

An EIA is required for proposed infrastructure EIA compulsory under the Organic Law No.     Under the OP 4.12, a full EIA is required for all projects
activities.                                    04/2005.                                     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).



Environmental authority must provide an           EIA reviewed and approved by the Rwanda   OP 4.01 requires the approval and disclosure of EIAs by the
environmental permit for projects prior to        Environment Management Authority.         relevant government authority.
appraisal.

National guidelines and standards exist for       OHS guidelines are outlined in Law No.    The guidelines for OHS provided under the IFC Occupational,
Occupational Health and Safety (OHS).             51/2001 (Labor Code).                     Health, and Safety Guidelines should be applied for all
                                                                                            infrastructure projects.




                               ENVIRONMENTAL RESOURCES MANAGEMENT         25                            RCIP 2 ESMF
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.




          ENVIRONMENTAL RESOURCES MANAGEMENT    26                              RCIP 2 ESMF
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. This potential impact is considered very unlikely, however, given
        that 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 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).




        ENVIRONMENTAL RESOURCES MANAGEMENT     27                              RCIP 2 ESMF
      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).



      ENVIRONMENTAL RESOURCES MANAGEMENT     28                              RCIP 2 ESMF
Table 5.1   Potential environmental and social impacts and proposed mitigation measures

            Issue                 Potential Impacts                                       Mitigation Measures

            Terrestrial        Terrestrial and aquatic habitats may be altered during     Recommended measures to prevent and control impacts to
            habitat alteration the construction of communications infrastructure          terrestrial habitats during construction of the right-of-way
                               depending on the type of infrastructure component and      include:
                               proposed location. Potential impacts to habitat may be      Site fixed line infrastructure (e.g., fiber optic cable) and other
                               more significant during construction and installation of       types of linear infrastructure rights-of-way, access roads, lines,
                               linear infrastructure, such as long-distance fixed-line        and towers to avoid critical habitat through use of existing utility
                               cables, as well as access roads to other types of              and transport corridors whenever possible;
                               infrastructure along previously undeveloped land.           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.




            ENVIRONMENTAL RESOURCES MANAGEMENT        29                                  RCIP 2 ESMF
Issue                 Potential Impacts                                             Mitigation Measures

Migratory birds       The height of some television and radio transmission          Recommended prevention and control measures to minimize
                      towers can pose potentially fatal risk to birds, mainly       avian collisions include:
                      through collisions. The likelihood of avian collisions is      Siting towers to avoid critical habitats such as nesting grounds,
                      thought to increase with the height and design of the             heronries, rookeries, foraging corridors, and migration corridors;
                      communications tower (e.g., guyed towers represent a           Avoiding the cumulative impact of towers by co-locating
                      higher potential for collisions); the presence of tower           antennae on existing towers or other fixed structures (especially
                      lighting (attracts some species of birds at night or              cellular telephone communication antennae), designing new
                      during low light conditions); and, most importantly, the          towers structurally and electrically to accommodate future users,
                      tower location with regard to flyways or migration                and removing towers no longer in use;
                      corridors.                                                     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.

Aquatic habitats      Depending on their location, the installation of fixed line   Recommended measures to prevent and control impacts to
                      components, including shore approaches for long-              aquatic habitats include:
                      distance fiber optic cables, and access roads to               Site power transmission towers and substations to avoid critical
                      transmission towers and other fixed infrastructure may           aquatic habitat such as watercourses, wetlands, and riparian
                      require construction of corridors crossing aquatic               areas, as well as fish spawning habitat and critical fish over-
                      habitats with the potential to disrupt watercourses,             wintering habitat whenever possible;
                      wetlands, coral reefs, and riparian vegetation.                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.




ENVIRONMENTAL RESOURCES MANAGEMENT           30                                     RCIP 2 ESMF
Issue                 Potential Impacts                                             Mitigation Measures

Visual impacts        The visual impacts of tower and antennae equipment            Recommendations to prevent, minimize, and control visual
                      may depend on the perception of the local community           impacts include:
                      as well as the aesthetic value assigned to the scenery         Minimizing construction of additional towers through co-
                      (e.g., scenic and tourism areas).                                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.

Hazardous             Telecommunications processes do not normally require          Recommended hazardous materials management actions
materials and         the use of significant amounts of hazardous materials.        include:
waste                 However, the operation of certain types of switching           Implementing fuel delivery procedures and spill prevention and
                      and transmitting equipment may require the use of                 control plans applicable to the delivery and storage of fuel for
                      backup power systems consisting of a combination of               backup electric power systems, preferably providing secondary
                      batteries (typically lead-acid batteries) and diesel-fueled       containment and overfill prevention for fuel storage tanks;
                      electricity backup generators. Operations and                  Implementing procedures for the management and disposal of
                      maintenance activities may also result in the generation          lead acid batteries, including temporary storage, transport, and
                      of electronic wastes such as nickel cadmium batteries             final disposal. Lead-acid batteries should be managed as a
                      and printed circuit boards from computer and other                hazardous waste as described in IFC‘s General EHS Guidelines;
                      electronic equipment as well as backup power batteries.           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.




ENVIRONMENTAL RESOURCES MANAGEMENT           31                                     RCIP 2 ESMF
Issue                 Potential Impacts                                       Mitigation Measures

Emissions to air      Emissions from telecommunications projects may be          Recommended management actions to minimize emissions include:
                      primarily associated with the operation of vehicle fleets,  Implementation of vehicle fleet and power generator emissions
                      use of backup power generators, and use of cooling and        management strategies as described in IFC‘s EHS Guidelines and
                      fire suppression systems.                                     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     Recommended noise management action includes the use of noise
                      facilities is associated with the operation of backup   suppression shields and mufflers as well as the location of noise
                      power generators.                                       generating sources away from residential or other noise sensitive
                                                                              receptors to meet the noise emissions levels provided in IFC‘s
                                                                              General EHS Guidelines.




ENVIRONMENTAL RESOURCES MANAGEMENT           32                               RCIP 2 ESMF
Issue                 Potential Impacts                                           Mitigation Measures

Electric and          Electric and magnetic fields (EMF) are invisible lines of Recommendations applicable to the management of EMF
magnetic fields       force emitted by and surrounding any electrical device,   exposures include:
                      such as power lines and electrical equipment. Electric     Evaluating potential exposure to the public against the reference
                      fields are produced by voltage and increase in strength      levels developed by the International Commission on Non-
                      as the voltage increases. Magnetic fields result from the    Ionizing Radiation Protection (ICNIRP);
                      flow of electric current and increase in strength as the   Average and peak exposure levels should remain below the
                      current increases.                                           ICNIRP recommendation for General Public Exposure;
                                                                                 Limiting public access to antennae tower locations;
                      Radio waves and microwaves emitted by transmitting         Following good engineering practice in the siting and installation
                      antennas are one form of electromagnetic energy. Radio       of directional links (e.g., microwave links) to avoid building
                      wave strength is generally much greater from radio and       structures; and
                      television broadcast stations than from cellular phone     Taking into account public perception about EMF issues by
                      communication base transceiver stations. Microwave           consulting with the local community during the siting process of
                      and satellite system antennas transmit and receive           antenna towers.
                      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.




ENVIRONMENTAL RESOURCES MANAGEMENT           33                                   RCIP 2 ESMF
Issue                 Potential Impacts                                              Mitigation Measures

Indigenous            The development of infrastructure in indigenous                Recommendations applicable to the management of projects in
Communities           territories could pose a risk to the traditional culture and   Indigenous Territories include:
                      practices of indigenous populations. Construction               Avoid the construction of telecommunications towers/masts in
                      works and the presence of foreign workers in their                 indigenous reserves and/or other locations that may affect
                      territories could affect their lifestyles and customs and          indigenous peoples;
                      cause subsequent identity loss.                                 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 Road construction to access sites in remote rural areas             Recommended measures to mitigate impacts on land use and
and modification may require land acquisition, which usually implies                 acquisition:
of land use      compensation to the landlord based on mutual                         Prevent access and forest clearing of undeveloped areas for
                 agreement. Land from indigenous reserves cannot be                      colonization;
                 leased, transferred, or sold to non-natives; therefore,              Avoid road construction by the use of existing accesses;
                 access roads will be constructed in these areas only after           When construction of access roads is imminent, minimize road
                 public consultations and agreements with the                            length to a pathway for colonization of new areas;
                 community. This may cause changes in their usual                     Camouflage the road entrance with local vegetation or similar
                 lifestyle. Constructing access roads in rural,                          landscape features; and
                 undeveloped, or remote lands converts land use (i.e.,                Provide local people with information on the secondary impacts
                 from agricultural to transport) and facilitates access to               associated with road access construction.
                 previously non-colonized areas (i.e., clearing of forests
                 for colonization).




ENVIRONMENTAL RESOURCES MANAGEMENT            34                                     RCIP 2 ESMF
Issue                 Potential Impacts                                            Mitigation Measures

Cultural and          During construction works, archaeological findings may       Recommended mitigation measures:
archaeological        be encountered and potentially damaged or broken.             Towers should not be constructed on sites with high probability
findings              Culturally sensitive areas (i.e., where cultural practices      of existing critical archaeological findings;
                      occur) may become affected both by construction and           Assess the potential for existence of physical cultural resources
                      operation works, by modifying the religious or cultural         during site selection;
                      value of a certain area.                                      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        Recommended mitigation measures to minimize risks to the
                      in the event of structural failure of masts or towers,       surrounding communities:
                      especially in vulnerable areas such as those prone to         Assess risk of erosion during site selection (i.e., soil
                      earthquakes, flooding, or landslides.                            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.




ENVIRONMENTAL RESOURCES MANAGEMENT           35                                    RCIP 2 ESMF
Issue                 Potential Impacts                                       Mitigation Measures

Aircraft security     Antenna towers located near airports or known flight    Recommended measures to minimize risks posed by aircraft
                      paths can pose a risk to aircraft navigation security   collisions:
                      through collision with masts or towers or through radar  Avoid sites that fall within the area ruled by Aviation Agency
                      interference.                                                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.




ENVIRONMENTAL RESOURCES MANAGEMENT          36                                RCIP 2 ESMF
6         SUB-PROJECT SCREENING, REVIEW AND APPROVAL




          This section outlines the screening, review, and approval process for activities to be
          financed under RCIPRW. This is consistent with the approach proposed under the
          ESMF prepared for the phase 1 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 RCIPRW implementing agency 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
          RCIPRW in the context of the overall RCIP. Once the sub-projects have been
          identified and locations selected, the RCIPRW 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 AGENCY

          For Rwanda, RITA will be the agency responsible for implementing the ESMF. As
          proposed under the ESMF developed for Phase 1, it is advised that an
          Environmental Specialist be assigned to the executing agency. 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.

          (a) 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.




          ENVIRONMENTAL RESOURCES MANAGEMENT           37                         RCIP 2 ESMF
Figure 6.1      Proposed Screening, Review and Appraisal Process




  Subproject Appraisal Process                                Corresponding Safeguard Requirements


 Application for subproject by             Step 1:                    Identification of subproject
          Proponent                        Subproject                 Screening determination (low or high risk)
                                           Screening




                                           Step 2:                  Low risk             Medium risk            High risk
      Subproject Appraisal                 Impact
                                           assessment         Develop generic          Develop and          Carry out a
                                                               mitigation and            implement an          subproject
                                                               monitoring                EMP for each          specific EA
                                                               measures for              subproject            study
                                                               subproject               Apply                Develop
                                                               sectors                   environmental         subproject
                                                              Apply                     conditions in         specific EMPs
                                                               environmental             contract              (and RAPs if
                                                               conditions in             agreements            applicable)
                                                               contract                                       Apply
                                                               agreements                                      environmental
                                                                                                               conditions in
                                                                                                               contract
                                                                                                               agreements




                                          Step 3:                     EMPs (and RAPs) reviewed by local Environmental
                                          Environmental                and Social Specialists (or technical service providers
     Subproject Approval
                                          and social                   e.g. NGOs)
                                          review                      Subproject approved on the basis of environmental
                                                                       and social review findings




                                        Step 4:                       Implement mitigation measures under the EMP (and
                                        Subproject                     RAP) for subprojects
                                        implementation                Training of project staff, local govt officers, and
 Subproject Implementation                                             communities in EMP (and RAP) implementation




                                        Step 5:                       Monitor environmental and social compliance,
                                        Environmental                  pollution abatement, and EMP (and RAP)
   Subproject Monitoring
                                        and social                     implementation
                                        monitoring                    Carry out annual environmental and social audits for
                                                                       subprojects




                ENVIRONMENTAL RESOURCES MANAGEMENT                      38                                 RCIP 2 ESMF
          (b) Scoping and field appraisal

          Based on the information provided in the screening form, the reviewer (i.e REMA)
          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.

          (c) 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)       Low (C)

               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 ROWs on
                greenfield sites
               Maintenance of access roads or other
                existing linear infrastructure that does not
                require ROW expansion
               Land acquisition and modification of land
                use




          ENVIRONMENTAL RESOURCES MANAGEMENT                   39                       RCIP 2 ESMF
      (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 case of Rwanda, this is REMA). 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 EMP to the relevant environmental
      authorities (REMA) and to the executing agencies (RITA). In Rwanda, the EMPs
      will be submitted to RITA.

      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

      ENVIRONMENTAL RESOURCES MANAGEMENT              40                      RCIP 2 ESMF
          o Environmental and social monitoring program.
          This EMP should include the following:


Box 6.1   Contents of an EMP


             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.




          The following Section 7 provides detailed guidance on the implementation of EMPs
          under the RCIPRW.

          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., REMA) 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 Rwanda, 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.




          ENVIRONMENTAL RESOURCES MANAGEMENT             41                          RCIP 2 ESMF
(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 executing agencies
for each country (i.e RITA for Rwanda) 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.




ENVIRONMENTAL RESOURCES MANAGEMENT            42                      RCIP 2 ESMF
7           ACTION PLAN FOR IMPLEMENTATION OF EMPS




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



    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;


            ENVIRONMENTAL RESOURCES MANAGEMENT           43                        RCIP 2 ESMF
           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.




        ENVIRONMENTAL RESOURCES MANAGEMENT          44                        RCIP 2 ESMF
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




            ENVIRONMENTAL RESOURCES MANAGEMENT             45                      RCIP 2 ESMF
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 RCIPRW


             Government and regulatory agencies      Agencies outlined in Tables 4.1 , 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.



       8.2   PROPOSED DISCLOSURE PLAN

             For projects such as the RCIPRW, 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 Rwanda. The documents should be
             made available in English and French in compliance with the World Bank‘s Public
             Consultation and Disclosure Policy.



             ENVIRONMENTAL RESOURCES MANAGEMENT           46                           RCIP 2 ESMF
8.2.1   Disclosure of sub-project EMPs

        EMPs prepared for sub-projects under the RCIPRW 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.




        ENVIRONMENTAL RESOURCES MANAGEMENT           47                          RCIP 2 ESMF
9           CAPACITY BUILDING RECOMMENDATIONS




    9.1     STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF

    9.1.1   Appointing an Environmental Specialist to RITA

            In order to ensure that there is adequate capacity to implement and monitor the
            performance of the ESMF, it is advised that an environmental specialist be
            appointed to RITA as part of the eRwanda/RCIPRW project unit.

            The Specialist 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.

            The Specialist should be hired on a full-time basis and report to the main bodies
            responsible for execution of the Project.

            The Specialist will also be tasked with facilitating the compliance of eRwanda and
            NICI Plan activities with regards to environmental and social issues.

    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 RCIPRW activities. The workshop should take place as part of
            the project early implementation and can be held in Kigali. The workshop should
            be conducted by an external consultant with knowledge on the environmental
            management requirements for Rwanda, including substantial knowledge on World
            Bank and IFC safeguard policies and requirements (e.g., OHS standards). Other
            relevant staff members of the eRwanda/RCIPRW 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.




            ENVIRONMENTAL RESOURCES MANAGEMENT            48                         RCIP 2 ESMF
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 RCIPRW
            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




            ENVIRONMENTAL RESOURCES MANAGEMENT            49                         RCIP 2 ESMF
10           PROPOSED BUDGET




             The proposed budget for implementation of the measures and recommendations
             outlined in the ESMF for the second phase of the RCIP in Rwanda is US $490,000.

             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            Lump sum                  $250,000
             of EIAs and EMPs in
             Rwanda

             Two 2-day trainings for              $3000 per training        $3,000 x 2 = $6,000
             contractors and consultants
             in Rwanda

             Three workshops in
             Rwanda (one every year for $3000 per workshop                  $3,000 x 3 =9,000
             three years)

             One 2-day training for the
             Environmental Specialist (to $10,000 per workshop          $10,000
             be held in Kigali)           (includes training materials)

             Developing local                     Lump sum                  $15,000
             environmental, health and
             safety guidelines for the
             telecom sector in Rwanda
             Budget for annual                    Lump sum                  $ 200,000
             monitoring and reporting
             on EMP implementation
                                                               Total        $ 490,000




             ENVIRONMENTAL RESOURCES MANAGEMENT                        50                       RCIP 2 ESMF
11   ANNEX 1: IFC’S EHS GUIDELINES FOR TELECOMMUNICATIONS




     ENVIRONMENTAL RESOURCES MANAGEMENT   51            RCIP 2 ESMF
12   ANNEX 2: IFC’S GENERAL OCCUPATIONAL, HEALTH, AND SAFETY
     GUIDELINES




     ENVIRONMENTAL RESOURCES MANAGEMENT   101            RCIP 2 ESMF
13   ANNEX 3: SCREENING FORM




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


     Sub-project name:
     Sub-project location           (e.g., province, district).
     (include map/sketch):
     Type of activity :             (e.g., new construction, rehabilitation, periodic maintenance)

     Estimated Cost:

     Proposed date of
     commencement of work:

     Technical                      (circle answer):     Yes          No
     drawing/specifications
     reviewed :

     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.

                                                       Site Sensitivity
        Issues                                                                                       Rating
                                Low                        Medium                   High
     Natural           No natural habitats        No critical natural       Critical natural
     habitats          present of any kind        habitats; other natural   habitats present
                                                  habitats occur
     Water quality     Water flows exceed         Medium intensity of       Intensive water use;
     and water         any existing demand;       water use; multiple       multiple water
     resource          low intensity of water     water users; water        users; potential for
     availability      use; potential water       quality issues are        conflicts is high;
     and use           use conflicts expected     important                 water quality issues
                       to be low; no potential                              are important
                       water quality issues
     Natural           Flat terrain; no           Medium slopes; some       Mountainous
     hazards           potential                  erosion potential;        terrain; steep slopes;
     vulnerability,    stability/erosion          medium risks from         unstable soils; high
     floods, soil      problems; no known         volcanic/seismic/         erosion potential;
     stability/        volcanic/seismic/          flood/ hurricanes         volcanic, seismic, or
     erosion
                       flood risks                                          flood risks




     ENVIRONMENTAL RESOURCES MANAGEMENT                        116                         RCIP 2 ESMF
                                               Site Sensitivity
   Issues                                                                                        Rating
                           Low                       Medium                     High
Cultural         No known or                Suspected cultural          Known heritage
property         suspected cultural         heritage sites; known       sites in project area
                 heritage sites             heritage sites in broader
                                            area of influence
Involuntary      Low population             Medium population           High population
resettlement     density; dispersed         density; mixed              density; major
                 population; legal          ownership and land          towns and villages;
                 tenure is well-defined;    tenure; well-defined        low-income families
                 well-defined water         water rights                and/or illegal
                 rights                                                 ownership of land;
                                                                        communal
                                                                        properties; unclear
                                                                        water rights
Indigenous       No indigenous              Dispersed and mixed         Indigenous
peoples          population                 indigenous populations;     territories, reserves
                                            highly acculturated         and/or lands;
                                            indigenous populations      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
                                                                              bullet lists preferred
                                                                              except where descriptive
                                                                              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
                                                                              bullet lists preferred
                                                                              except where descriptive
                                                                              detail is essential.
What are the likely environmental impacts, opportunities, risks,
and liabilities associated with the sub-project?


ENVIRONMENTAL RESOURCES MANAGEMENT                   117                                RCIP 2 ESMF
Refer to ESMF Chapter 3 – Impact, Mitigation, and Monitoring Guidelines

Determine environmental screening category:                             Yes/No answers and
                                                                        bullet lists preferred
                                                                        except where descriptive
                                                                        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
                                                                        bullet lists preferred
                                                                        except where descriptive
                                                                        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                Yes/No answers and
required:                                                               bullet lists preferred
                                                                        except where descriptive
                                                                        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
                                                                        bullet lists preferred
                                                                        except where descriptive
                                                                        detail is essential.



ENVIRONMENTAL RESOURCES MANAGEMENT              118                             RCIP 2 ESMF
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.

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

Land and resettlement:                                                 Yes/No answers and
                                                                       bullet lists preferred
                                                                       except where descriptive
                                                                       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
                                                                       bullet lists preferred
                                                                       except where descriptive
                                                                       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:




ENVIRONMENTAL RESOURCES MANAGEMENT                 119                         RCIP 2 ESMF
14   ANNEX 4: WORLD BANK SAFEGUARD POLICY OP 4.01




     ENVIRONMENTAL RESOURCES MANAGEMENT   120       RCIP 2 ESMF
ENVIRONMENTAL RESOURCES MANAGEMENT   129   RCIP 2 ESMF
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


     ENVIRONMENTAL RESOURCES MANAGEMENT          130                         RCIP 2 ESMF
the greatest extent possible and attaches economic values where feasible. States the
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)




ENVIRONMENTAL RESOURCES MANAGEMENT         131                        RCIP 2 ESMF
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;

     ENVIRONMENTAL RESOURCES MANAGEMENT            132                           RCIP 2 ESMF
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.


ENVIRONMENTAL RESOURCES MANAGEMENT         133                        RCIP 2 ESMF
o    Limit extraction of material to approved and demarcated borrow pits.

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.



ENVIRONMENTAL RESOURCES MANAGEMENT          134                         RCIP 2 ESMF
o Place dust screens around construction areas, paying particular attention to
  areas close to housing, commercial areas, and recreational areas.
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.




ENVIRONMENTAL RESOURCES MANAGEMENT           135                          RCIP 2 ESMF
17          ANNEX 7: FORMAT OF AN ANNUAL ENVIRONMENTAL REPORT




     Relevant environmental
     authority:
     Reporting dates:
     District:
     Sub-projects approved:

     Sub-project         Activities              Project phase       Env. category     EIA / EMP           Env. Permit       Effectiveness         Issues (2)
     title                                              (1)                            completed?           granted?            of EMP
     (name, location,    (new construction,       See note below       (A, B or C)    Yes, No, or N/A     Yes, No, or N/A     Good, poor, or     See note below
     title, or           rehabilitation,                                                                                         needs
     reference)          maintenance)                                                                                         improvement
     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.




            ENVIRONMENTAL RESOURCES MANAGEMENT                 136                         RCIP 2 ESMF
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 RESOURCES MANAGEMENT    137                                RCIP 2 ESMF
                                    Environmental Management Plan
                                                   A. Mitigation


Project              Potential            Proposed            Institutional      Cost        Comments
Activity             Environmental        Mitigation          Responsibilities   Estimates   (e.g., secondary
                     and Social           Measure(s)          (including                     impacts)
                     Impacts              (including          enforcement and
                                          legislation and     coordination)
                                          regulations)
Pre-
Construction
Phase

Construction
Phase

Operation and
Maintenance
Phase




                                    Environmental Management Plan
                                                  B. Monitoring

 Proposed          Parameters      Location     Measurements        Frequency      Responsibilities   Cost
 Mitigation        To be                        (including          of             (including         (equipment
 Measure           Monitored                    methods and         Measurement    review and         and
                                                equipment)                         reporting)         individuals)

 Pre-
 Construction
 Phase
 Construction
 Phase
 Operation
 and
 Maintenance
 Phase

 Total Cost
 for all Phases




           ENVIRONMENTAL RESOURCES MANAGEMENT               138                                RCIP 2 ESMF
                                   Environmental Management Plan
                 C. Institutional Strengthening and Training for Implementation

I. Institutional          Position(s)          Scheduling       Responsibilities     Cost
Strengthening             (Institutions,                                             Estimates
Activity                  PIUs,
                          contractors,
                          construction
                          supervision
                          consultants)
Mitigation Measures


Monitoring
Requirements
(including
compliance)
II. Training Activity     Participants         Types of         Content              Scheduling        Cost
                                               Training         (modules, etc.)                        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
------------
------------




          ENVIRONMENTAL RESOURCES MANAGEMENT              139                                    RCIP 2 ESMF

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:35
posted:8/20/2010
language:English
pages:69