The Independent Mediation Committee (or IMC) is a structure that is to be established by the PMU to independently and impartially resolve grievances through mediation and dispute resolution. Mediation by the IMC is only to take place in case the complainant is not satisfied with the initial resolution proposed by the GRC. The Committee uses mediation to resolve disputes or complaints submitted to it.
The Mediation Committee shall operate independently from the PMU but has access to any information that the PMU and or its implementation partners have regarding the complaint. The determinations of the GRC are non-binding on either party. The IMC meets as needed, depending on registered complaints and disputes, and its members receive a stipend from the PMU to cover costs of attending meetings. If a solution that is acceptable to all parties emerges out of the meeting with the IMC, the grievance may be considered resolved and closed out; all parties are then notified. If no acceptable solution is agreed upon, either party has the option of taking legal action.
The composition of the IMC shall be established based on the specific area (site) of investment within the SCPZ and shall include three people of high reputation as impartial mediators in the region such as Elders, retired judges etc.
8.5 Environmental and Social Monitoring
Monitoring is a key component of the ESMF during project implementation. Monitoring verifies the effectiveness of impact mitigation measures, including the extent to which mitigation measures are successfully implemented. Monitoring specifically helps to:
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Improve environmental and social management practices;
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Check the efficiency and quality of the ESMP processes;
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Establish the scientific reliability and credibility of the ESMP for the project and
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Provide the opportunity to report the results on safeguards and impacts and proposed mitigation measures implementation.
Monitoring will be one of the principal activities of environmental and social management of the activities/projects once environmental permit is secured for a sub-project, contract is awarded and the project implementation commences. The PMU Safeguard Units will commence monitoring as an important feedback mechanism. This ensures that the environmental and social mitigation measures in this ESMF are
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Adhered to in implementation and are strengthened by arising situations:
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Identified in the planning phase (contained in the EA report), and incorporated in the project design and cost are being implemented;
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Maintained throughout the construction and operation phases through to the decommissioning of sites, facilities and equipment; and
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Where inadequate, additional remedial actions are identified (including corrective measures or re-design of mitigation measures).
Methods for monitoring the implementation of mitigation measures or environmental and social impacts should be as simple as possible, consistent with collecting useful information, so that the sub project implementer can apply them. For instance, they could just be regular observations of the sub project activities or sites during construction and then when in use.
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Are plant/equipment being maintained and damages repaired?
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Does a water source look muddier/cloudier and different than it should, if so, why and where is the potential source of contamination.
Some indicators that could be used to ensure participation process involved in subproject activities include:
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Number and percentage of affected households/individuals/institutions consulted during the planning stage;
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Levels of decision-making of affected people;
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Level of understanding of project impacts and mitigation;
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Effectiveness of local authorities to contributing and making relevant decisions;
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Frequency and quality of public meetings;
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Degree of involvement of women or disadvantaged groups in discussions
Most observations of inappropriate behaviour or adverse impacts should lead to common sense solutions. In some cases, there may be need to require investigation by a technically qualified person.
The monitoring roles and responsibilities would be carried out by the following:
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PMUs Safeguard Units monitor effectively the investors/contractors engaged to ensure adherence to the environmental and social clauses and principles for all the SCPZ and ABIR activities, not readily identified now. The monitoring results from the executing agencies are reported to the MoE/EPA, for necessary action.
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MoE/EPA (Federal and State levels) as usual, play the leading oversight role as it relates to safeguard issues, will carry out its own compliance monitoring to satisfy itself that the permit conditions and relevant standards and mitigation measures are being fulfilled by operators in the sub-projects.
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MDAs (relevant ones) would participate in the monitoring giving consideration to specific components as they relate to their areas of statutory responsibility.
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Local Government traditionally would participate in the monitoring to ensure and verify adequacy of implementation of various measures.
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Communities as well as the CBOs/NGOs will be useful agents in collection of data that will be vital in monitoring and realigning the project to the part of sustainability as such they will play a role in the monitoring framework.
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World Bank will continually assess the implementation of the ESMF and other safeguard instruments and suggest additional measures as the need may be for effectiveness and efficiency.
8.6 Environmental Code of Conduct, Social Integration and Participation
An indicative Environmental Code of Conduct for contractors that shall work on the project is shown in Annex 8. These procedures, if followed, would yield benefits for longer period in terms of financial and environmental sustainability.
Furthermore, all activities as a matter of principle will promote the avoidance of any activity/subproject that
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Overlooks the rights and special provisions of vulnerable groups in the communities
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Causes any conflict among community or groups
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Restricts the participation of women and/or marginalized any group.
It is considered necessary to include in contract clauses the idea of holding Contractors financially and in some cases criminally liable for adverse impact that result from failure to implement contracted required mitigated measures.
As a matter of principles, Social inclusions or community participation in various aspects of the project/subprojects shall be managed, in particular through the inclusion of clauses that involve the following measures:
1.Community participation
| -
Participation in decision- making built into the planning and implementation of all subprojects to allow local people a voice in matters concerning them.
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Involvement of affected people for consultation with and participation of in the preparation and implementation
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A summary of the views expressed and how these views were taken into account in preparing the ESMP
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A review of the alternatives presented and the choices made by affected persons wherever options available to them, including choices related to mitigation measures
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2.Integration with host populations & promotion of social inclusion
| -
Use existing local groups rather than form new ones
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Reduce social exclusion by increasing access to opportunities, goods, services and facilities for all stakeholders, especially the marginalized and women;
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For close social integration to occur, socially marginalized groups and individuals must fully participate in social and economic opportunities.
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Target women and youths, who have often been left out of efforts to increase sustainable livelihoods.
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3. Social Inclusion & Avoidance of elite Capture/ Vulnerable groups
| -
Encouragement of programmes that meet peoples felt needs and reduce the feeling of alienation, which creates not only the perception but also the actual situation of being socially excluded.
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Include special efforts (affirmative action) to fully integrate socially marginalized people into the society
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Ensure access to information on all project/subproject activities through participatory village focus groups.
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Partnerships could go far in removing the barriers to social inclusion.
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Where different groups or individual have different views or opinions, particularly emphasis will be put on the views and needs of the vulnerable groups
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4.Gender issues
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The empowerment of women groups is essential for public good, so ensure for every project opportunities at least 60% are targeted at women. A gender study that strive to mainstream gender concerns is relevant. Annex 10 outlines some information that should be provided in an assessment of the challenges and opportunities for the gender concerns.
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5. Avoidance of promotion of any conflict among community groups
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Ensure an agreement on expectations
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Avoid conflicts between farmers and pastoralist by striking an understanding on where to graze cattle and creating corridors for cattle movement
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faithful implementation of memorandums of understanding
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Service delivery, equitable
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Ensure development benefits to all communities and groups, regardless of ethnicity, gender, generation, health conditions or socio-economic status.
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Design subproject activities in manner that encourage cross-cultural communication systems that facilitate human coexistence, harmony and mutual partnerships.
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6. Implementation Arrangements:
| -
Include and ensure community participation and oversight of projects in their domains
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7. Accountability in
the use of public funds
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Ensure public information dissemination
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Collective embracement of the tenets of probity, accountability and transparency.
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8. Grievance procedures
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To resolving conflict in the communities use existing traditional methods that are affordable and accessible procedures for redressal of disputes such as:
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community meetings, elders-in-council, dialogue, council of chiefs, appeals and summons, elders assembly, religious leaders, youth council, women groups, and ultimately the police and courts.
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9. Project Monitoring
| -
Ensure local communities/CBOs/NGOs play a role in the monitoring framework.
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8.7 Budgets for the ESMF
To effectively implement the environmental and social management measures suggested as part of the ESMF, necessary budgetary provisions has been be made as shown in Table 8.4. It is important to identify financial resource requirements even if indicative. This ensures upfront appreciation of the financial requirements and allows early planning and budgeting accordingly.
The tentative budget includes the environmental management costs other than the good engineering practices, cost of environmental and resettlement issues and monitoring. All administrative costs for implementing the ESMF shall be budgeted for as part of the PMU’s costing.
The indicative budget shown in Table 8.4 covers:
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Routine E & S duties of the PMU;
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Capacity Building for the PMU and other stakeholders;
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Engagement of Environmental and Social Specialists
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Environmental and Social Due Diligence investigations and or Audits;
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Environmental and Social Impact Assessment (ESIA) Studies commissioned directly by the PMU and potential investors
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Monitoring and evaluation activities of the PMU
Table 8.4: Estimated Annual Budget to Implement ESMF
|
1
|
ESMF Requirements
|
Budget Basis and Assumptions
|
Total Cost per Annum (N)
|
|
2
|
Capacity Building for PMU Personnel
|
Training Programs held in-country
|
N5M
|
|
Meetings, Workshops and Stakeholder Engagement
|
Monthly estimated expenses of N35,000/person for 10persons/per year
|
N4.2m
(to based on actual expenses)
|
|
3
|
Environmental Screening of transactions
|
No additional budget
|
No additional budget
|
|
Engagement of Specialists
|
Assume specialists may be engaged times to investigate issues
|
To be worked out when is to be engaged
|
|
Field Visits to facility locations
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Field visits estimated for 2 PMU personnel per year. Covers, transport, accommodation and daily allowances
|
N1.5m
|
|
Meetings, Workshops and Stakeholder Engagement
|
No additional budget
|
Based on actual expenses
|
|
4
|
ESIA Scoping Workshops
|
ESIA Scoping workshops per year
|
As part of the ESIA/EMP preparation
|
|
Typical ESIA Report for subprojects
|
Assume average cost of each ESIA depending on the extent of the road
|
N20m
|
|
Typical ESMP for subproject
|
|
N12m
|
|
Engagement of Environmental and Social Specialists
|
|
As part of the ESIA/EMP preparation
|
|
5
|
Monitoring Compliance with ESMP on E&S Issues during pre-operations activities
|
Assume quarterly monitoring activities over 5 days each quarter per year
|
N2m
|
|
6
|
Monitoring Compliance with ESMP and on E&S Issues during operations
|
Assume quarterly monitoring activities over 5 days each quarter per year
|
As part of item 5
|
|
7
|
TOTAL Estimated Budget
|
N 44.7m
|
|
8
|
Contingency
|
10% of sub-total
|
4.47
|
|
|
Grand Total
|
|
N49.17m ($265,783.78)
|
$1=N185
8.8 Update and Revision of ESMF
The ESMF shall be utilized for screening of projects as well as implementation of the specified environmental and social provisions in the road sub-projects and is considered to be a ‘living document’ enabling revision where necessary. It is imminent that certain factors that would have been overlooked or not considered due to the preparation of this document upstream in the project cycle with minimum ground verification would crop up especially during sub-project implementation.
The factors that would have implications on compliance with World Bank policies as well as national and state environmental regulations would be addressed through updating of the ESMF and the conducting of ESIA/EMP for projects when the need arises as has been done in this update.
8.9 Disclosures of Safeguard Instruments
The ESMF has been prepared in consultation with the relevant stakeholders. Copies of this ESMF and other safeguard instruments (ESIA/EMP) that would be prepared for the subprojects shall be disclosed in compliance with relevant Nigerian regulations and the World Bank operational policy. It will be disclosed in-country designated sites at FMARD, Federal Ministry of Environment, Kogi State Ministry of Environment, headquarters of affected LGAs and at the primary/secondary schools in the project areas, translated as much as possible into main local language. It will also be disclosed in 2 daily newspapers for 21 days as required by the Nigerian extant laws, while the World Bank will disclose the document at its info shop.
Table 8.5 outlines information to be disclosed.
Table 8.5: Typical Information to be disclosed
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Topic
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Documents to be disclosed
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Frequency
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Media
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Public
Consultation
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Minutes of Formal Public
Consultation Meetings
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Within two weeks of
Meeting
|
Kogi State website.
Kogi State Ministry of Environment
Local government Secretariat of affected LGAs
|
Environment
Management
|
ESMF
|
Prior to commencement of any work at the SCPZ / ABIR
|
Kogi State Ministry of Environment
Kogi State website.
Local government Secretariat of affected LGAs
World Bank Infoshop.
|
Environment and Social impacts Assessment Report (ESIAs);
Environment and Social Management Plans (ESMPs) and other safeguards instruments
|
Prior to awarding works that the ESIA or ESMP was prepared for and
to remain on website
|
Federal Ministry of Environment;
Kogi State Ministry of Environment;
Kogi State website.
Local government Secretariat of affected LGAs
World Bank Infoshop.
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All environmental documents
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A nontechnical executive summary
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As applicable to the environmental document being disclosed.
|
Electronically and in paper copies
|
|
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