Indonesia - Sanitation Community and Municipal Pilots Project : environmental assessment

 E2982 Project Management and Implementation Manual (PMIM) The Chapter of Safeguard On Project Manual Document Final Version - October 2011 Indonesia Water and Sanitation Program. No. TF. 094270 Sub-program D – Sanitation Community and Municipal Pilots Project Directorate General of Human Settlement-Ministry of Public Works VI - 1  Project Management and Implementation Manual (PMIM) 6. Environmental and Social Safeguard 6.1 GENERAL As one of World Bank funded projects, WASAP D project should fulfill the requirements of Bank’s Social and Environmental Safeguards guidelines, and environmental regulation at local and national level. So, the project activities will give maximum benefit with minimal negative impact to local communities and surrounding environment. This provision is applied to the poposed project and matched projects. In the WASAP D project, environmental safeguards are principally intended to help the participating cities of this program to be able to undertake systematic evaluations of response, mitigation and management of undesirable environmental risk, promote of use of the environment, and create openness by organizing, where necessary, public consultations with the project affected persons (PAPs)1. While, the social safeguard are principally intended to help the participating cities of this program to be able to undertake systematic evaluations of response, mitigation and management of undesirable social risk promote of use of the environment, and create openness by organizing, where necessary, public consultations with the project affected persons (PAPs)2, especially relating to the issue of land acquisition and resettlement, and vulnerable people, As a part of the Project Management Manual (PMM), the description of safeguards must be used as a guideline by all actors involved in the WASAP D project management cycle, including CPMU, PMU, PIU, consultants and community groups, through the planning, implementation, operation, and monitoring of sub-projects, to ensure that project completion targets can be met in accordance with World Bank standards and prevailing legislation in Indonesia. The World Bank Social and Environmental Safeguard Team has completed an initial assessment, and placed WASAP D project activities overall in category B. Of the 10 safeguard components, only Environmental Assessment is triggered by WASAP D. From the environmental safeguard perspective, this category means that an environmental impact analysis is not required, but Environmental Management Plan and Environmental Monitoring Plan, or Standard Operating Procedures (SOPs) need to be developed. These documents are typically required for projects that have less of a potential environmental impact than projects that are required to undertake environmental impact analyses of minor and localized environmental impacts. 1 Project affected persons (PAPs) are individuals, entities and/or legal entities that own, lease or control land, buildings or other assets located on land that is to be cleared in relation to project implementation. PAPs must fully understand their rights with regard to the safeguard framework for land acquisition and resettlement. PAPs must also have the opportunity to discuss proposed land acquisitions among themselves, and agree on compensation, entitlements, and so on. Directorate General of Human Settlement-Ministry of Public Works VI - 2  Project Management and Implementation Manual (PMIM) None of the social safeguard components (involuntary resettlement and indigenous peoples) was triggered by the proposed WASAP D activities. Because of the facilities are to be developed in urban locations, where there are no minority communities that are culturally different from the majority and who could be marginalized by the project. With regard to land acquisition, nearly all the land needed for provision of these sanitation facilities came either from community donations, or is local government owned. This manual will provide a social safeguard for key points to be observed with regard to land donations. Women as part of vulnerable people will be taken into account as part of social safeguard. 6.2 BASIC PRINCIPLES OF ENVIRONMENTAL AND SOCIAL SAFEGUARDS Principally, GA document has included environmental and social safeguard into Articlel II, 2.03 (c), in term of mitigating the possibilities of adverse environmental impact of WASAP D project. Basic principles that need to be understood: 1. In each city participating in the program, all stakeholders are required to understand, agree to, and implement properly and consistently the environmental and social safeguard framework. The mayors of these participating cities must make a formal agreement to the content of the safeguard framework, as must stakeholders in the city concerned, not only from local government, but also from project affected persons, NGOs, universities, and other residents. 2. For the effective implementation of the safeguard framework, capacity building for implementing agencies will be provided (if necessary). The focus of this capacity building includes facilitation capacity, creating stakeholder arenas, and transfer of technical knowledge from relevant parties. 3. The safeguard framework must be as simple as possible, easy to understand, and clarify the relationship between each stage of infrastructure development investment. It must also be implemented in accordance with the principles in the project framework. 4. Each decision, report, and draft final plan related to the safeguard framework must be consulted on with and disseminated to potential project affected persons. Community members, especially those affected, must have the opportunity to participate in decision making and to voice their aspirations and/or concerns about investment plans that may have negative implications for them. 6.2.1 Environmental Safeguard The following principles apply to all sub-projects proposed by the participating cities : • WASAP-D will not support sub-projects that have negative impacts on natural habitats, vulnerable people, protected areas, international waterways, or International dispute areas. Directorate General of Human Settlement-Ministry of Public Works VI - 3  Project Management and Implementation Manual (PMIM) • WASAP-D will not fund sub-projects that : - Involve the use or production of ozone-damaging substances, substances containing tobacco or tobacco products; - Involve the use of substances containing asbestos. Special mitigation measures will be adopted to address the problems caused by asbestos in proposed sub-projects (for example: renovation of buildings that contain asbestos). - Produce liquid waste or gas emissions, other than normal household waste; - Involve the use, production, storage, or transportation of dangerous (toxic, corrosive or explosive) substances, or substances/materials that are classified as Toxic and Hazardous Waste under Indonesian law; - Involve the supply of pesticide, herbicide or insecticide; - Involve the extraction (drilling or mining) of live coral; - Involve funding the construction/rehabilitation of dams or other infrastructure development investment that depends on the performance of dams that have been constructed or are under construction; - May damage or destroy cultural artifacts and structures, and sites of conservation or spiritual significance; - Involve activities that may result in conversion or degradation of forest, or damage to natural ecosystems and habitats, and natural resources; and - Are related to logging or provision of logging equipment. As far as possible, negative impacts of sub-projects on the environment should be avoided or minimized, which means that the design of each sub-project must maximize its positive impacts. 6.2.2 Social Safeguard Two dominant Social Safeguard issue of WASAP D project is land acquisition and the involvement of women. Principles that apply to land acquisition: • As far as possible, land acquisition and resettlement must be avoided, or at least minimized. During the sub-project preparation phase, the potential impacts must be analyzed so that alternative designs can be identified as early as possible; • People who lose land/assets (project affected persons) must be given fair compensation; • Project affected persons (PAPs) are entitled to information about the project and its possible impacts, and to their rights as PAPs; • PAPs who lose livelihood sources as a result of land acquisition must be given support to enable them to rehabilitate their livelihoods. Because WASAP-D sub-projects in general require only small plots of land and are community based, local people donate the land needed for provision of sanitation facilities for the benefit of the entire community. Principles that apply to land donations are: 1) People donating land must have received information about the project, its Directorate General of Human Settlement-Ministry of Public Works VI - 4  Project Management and Implementation Manual (PMIM) impacts, and their rights, they must be willing to donate the land voluntarily, and have the right to refuse to donate their assets to the project. 2) Special consultation with the land donors will take place at village meetings. 3) To prevent land donors dominating the proceedings, the location for development of the facility will be agreed with the community beforehand; 4) The landowner will make a declaration in writing of his or her willingness to donate the land. The PIU must ensure that this document is a part of the Community Work Plan. 5) Within the implementing agencies, there must be an easily accessible contact agency/person to which community members can address their concerns or complaints. Women is considered as vulnerable people, which means as a marginalized group of community unparticipating in project implementation and as beneficiaries, because they will be main target of the adverse impact of project. 6.3 INSTUTIONAL OF THE IMPLEMENTATION OF ENVIRONMENTAL AND SOCIAL SAFEGUARD For environmental safeguard purposes, there are several institutions involved in the project management cycle. a. The PIU as Proponent The proponent for the WASAP-D project safeguard is the PIU (project implementation unit). Pursuant to document GA, article 1 (o), the PIU is from Public Work's Office (or other institution approved by the donor and the World Bank) at the municipal level. The proponent will be responsible for the preparation and implementation of the WASAP-D environmental and social documents. The proponent is responsible for: - Screening sub-projects, together with the city environmental impact management agency, based on: i) scale of priorities, ii) economic and technical feasibility, iii) environmental and social impacts, iv) availability of land, v) plan analysis, and vi) other criteria. - Undertaking socialization of and public consultation on environmental and social safeguards; - Documenting the results of this socialization and consultation; - Designing and finalizing environmental and social safeguard action plans; - Submitting copies of environmental and social safeguard action plans to the World Bank for input for further revision; - Budgeting for environmental and social safeguard activities, and its allocation, in APBD (Local Government Budgeting System); - Sharing public information about the environmental and social safeguard action plan; - Implementing the environmental and social safeguard action plan; - Reporting on implementation of the environmental and social safeguard action plan to the PMU; - Developing and implementing complaints management mechanisms. Directorate General of Human Settlement-Ministry of Public Works VI - 5  Project Management and Implementation Manual (PMIM) - Ensuring that environmental and social safeguards will be sustainably adopted after completion of the sub-project. b. City Environmental Impact Management Agency/Municipal Office for the Environment The role of this institution is limited to environmental safeguards, and does not extend to social safeguards. Together with the PIU as the proponent, the local agency will be responsible for the initial screening of proposed sub-projects against prevailing environmental safeguard criteria. The city environmental impact management agency or the related agency for environmental affairs (Municipal Office for the Environment) is responsible for carrying out analysis of environmental management and environmental monitoring plans or SOPs, and offering recommendations on the design of environmental management and environmental monitoring plans or SOPs. c. The PMU (Project Management unit) As the party responsible for project management at city level, the PMU: - Submits documents to the CPMU. - Gives input to the PIU, and assumes the coordination function should safeguard documents require cooperation between agencies. d. The Mayor In terms of environmental safeguards, the Mayor is responsible for and has the authority to receive preliminary reports and reports on the implementation of environmental safeguards. e. CPMU (Central Project Management Unit) The CPMU is the Directorate General of Cipta Karya (Housing, Building, Planning and Urban Development) at national level, as executing agency. The CPMU: - Together with the National Development Planning Agency and PIUs, participates in analysis of sub-project plans during the preparation phase; - Analyses and receives reports on safeguard activity plans; - Assists with the implementation and adoption of complaints management mechanisms, and settles complaints from PAPs and other stakeholders that cannot be settled by the PIUs. f. World Bank Directorate General of Human Settlement-Ministry of Public Works VI - 6  Project Management and Implementation Manual (PMIM) The role of the World Bank is to: - Provide recommendations and guidance, in the form of input and consultation with the PIUs to ensure that the prepared documents comply with World Bank and Government of Indonesia regulations; - Perform random monitoring of implementation of project activities. 6.4 FUNDING In accordance with the agreement between the Donor and the Government of Indonesia, within the WASAP-D framework, regional governments must budget regionally sourced funds, through the regional budget, for environmental and social safeguard activities, during the project planning, implementation and monitoring phases. • In the planning phase, budget needs must be allocated at the time of budgeting for planning and designing sub-projects. Ideally, this budget is allocated one year before the investment takes place; • Budget for implementation and monitoring must be available throughout the implementation phase; • Budget for consultation, discussion, socialization, information dissemination, and complaints management must be allocated through the relevant government agency/office. Points to note with regard to funding: • WASAP-D will not fund any infrastructure investment that may give rise to serious and irreversible negative environmental impacts. In the event that negative environmental impacts do arise, mitigation measures must be in place to minimize these impacts, in the planning, preparation and implementation phases. • WASAP-D will not fund projects/programs which, owing to local conditions, do not allow for adequate public consultation with project affected people and project beneficiaries. • WASAP-D will not fund programs that require compensation to be paid for land acquisition. 6.5 ENVIRONMENTAL AND SOCIAL SAFEGUARDS IN THE PROJECT MANAGEMENT CYCLE 6.5.1 ENVIRONMENTAL SAFEGUARDS As reference in developing environmental safeguard document, following government provisions and regulatiosn will be adopted: - Government Regulation No. 32 Year 2009, regarding Protection and management of environment, - Ministry of Environment regulation No. 11 Year 2006, regarding type of plan and/or proposed activities which requires Environmental Impact Assessment document, Directorate General of Human Settlement-Ministry of Public Works VI - 7  Project Management and Implementation Manual (PMIM) - Ministry of Environment regulation No. 13 year 2010, regarding Environmental Management Effort and Environmental Monitoring Effort, and Statement letter of environmental management - Ministry of Public Works regulation No. 10/PRT/M/2008, regarding Determination the type of business plan and/or activities under ministery of public works that requires environmental management effort and environmental monitoring effort document - Ministry of Agricuture regulation No. 381/Kpts/OT.140/10/2005, regarding certification guidelines of Veteriner Control for animal made food business unit a. Preparation Phase In the preparation phase, the PIU and the municipal office of the environment in each city performs a screening process to identify the types of environmental documents suited to project activities, whether environmental management and monitoring measures or SOPs. In the screening process, several official government documents may be used as references, including: PerMenLH No. 13 Year 2010, Attachment 1. As well as, Ministry of Public works regulation No. 10/PRT/M/2008. Screening process is undertaken by filling in a table as shown on attachment 1 of this report. In case, there is “Yes