Ghana - Road Sector Development Program Project : environmental assessment

GHANA: MINISTRY OF ROADS & TRANSPORT E-402 GHANA HIGHWAY AUTHORITY DEPARTMENT OF URBAN ROADS DEPARTMENT OF FEEDER ROADS ENVIRONMENTAL & RESETTLEMENT/COMPENSATION FRAMEWORK C. ANDOH ENVI'IRONAETN4L COASULTAA'T GHANA HIGHU'A YA UTHORITY ACCRA-GHA.VA November 2000   TABLE OF CONTENTS ENVIRONMENTAL AND RESETTLEMENT/COMPENSATION FRAMEWORK GHANA ROAD SECTOR DEVELOPMENT PROGRAM (RSDP) ........................ 1 Introduction ...............................................................I Proposed Environment and Social management plan for RSDP .............................................................1 ENVIRONMENTAL ISSUES OF RSDP ................................................ 2 Policy, Legal and Administrative Framework ...............................................................2 Government Of Ghana's Environmental Policy ...............................................................2 Legal And Administrative Framework ...............................................................2 Selection of Project Roads ..............................................................3 Alternatives Examined ...............................................................3 No Action Alternative ...............................................................3 Rehabilitation and Reconstruction Alternative ...............................................................4 Improvement Of Existing Road ..............................................................4 Baseline Information of RSDP Roads ..............................................................4 Highways ...............................................................4 Urban Roads ...............................................................6 Feeder Roads ...............................................................7 Major Environmental Impacts of RSDP Roads ..............................................................7 Highways and Feeder Roads ..............................................................7 Urban Roads ...............................................................8 Positive Impacts of RSDP ...............................................................8 Summary of Environmental Impacts for Road Projects in Ghana .........................................................8 SOCIAL ISSUES OF RSDP ................................................. 12 Resettlement/Compensation Legal Framework .............................................................. 12 Resettlement/compensation policy in Ghana .............................................................. 12 Land Acquisition and compensation laws .............................................................. 12 Category of loss .............................................................. 13 The lands Act (1963) and World Bank OP4.30 .............................................................. 13 Eligibility .............................................................. 13 Valuation .............................................................. 13 Building/structures .............................................................. 13 Assessment of Compensation .............................................................. 14 Procedures for delivery of entitlements .............................................................. 14 Time Frame .............................................................. 14 Conflict Management .............................................................. 15 Consultation and participation .............................................................. 15 Financial responsibilities .............................................................. 15 Resettlement/compensation Procedures .............................................................. 15 Institutional Arrangements .............................................................. 16  ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION ACTIONS FOR FIRST YEAR ACTIVITIES OF RSDP ....................................... 18 Environmental and Social impacts of Proposed Highway Projects .................................................... 18 Jasikan Brewaniase (52km) ....................................................................1................ .....8... 18 Brewaniase - Oti Damanko ...................2................................. ..... 20 Accra - Tema - Motorway Phase 11 & III ..2............ .................1.. .... 21 Sogakope - Ho (80km) ...............22................... .............. ........... .. 22 Berekum - Sampa ..................... ................................ ......... ......... .......... .. 22 Ho -Fume .................................. 23 Environmental and Social Impacts of Urban Road Projects .24 Environmental and social Impacts of Feeder Road Projects .24 Environmental and Social Mitigation Plan For The RSDP .25 Management and Monitoring the Environmental Impacts of the RSDP ................................................ . 25 Management and Monitoring the Social Impacts of the RSDP ............................................................... 25 Redefining the Environmental Unit Within GHA .................... ...... ... 25 Functions ....................................................................................... 26 Staffing .......2...................... . 26 Deputy Managers ...........2............. .........6.............................. ............... .... 26 Deputy Manager - Monitoring ................................................... 27 GHA Deputy Manager - Assessment ............................................ 27 Deputy Managers - DFR/DUR ................................................. 27 The Unit At Regional Level ........................2.......................7............ ....... 27 RSDP ENVIRONMENTAL MITIGATION PLAN ................................................ 28 Figure 1. The Environmental Unit Within GHA ............................................................................. 31 Figure 2. THE ENVIRONMENTAL UNIT OF GHA, UNIT ORGANISATIONAL CHART .......... 32 Figure 3. Environmental and Social Clearance ............................................................................. 33 Table 1: Ghana Highway Authority, RSDP Priority Roads 2001-2005 . . 34 Table 2 Projected Resettlement and Compensation, Department of Urban roads (2001 - 2005): Accra ............................................................................. 35 Table 2. Continued ............................................................................. 36 Table 3 Project Resettlement and Compensation, Department Of Urban Roads (2001 - 2005) Kumasi ............................................................................. 37 Table 3. Continued ............................................................................. 38 Table 4 Projected Resettlement and Compensation, Department of Urban Roads (2001 - 2005) Tema ..................................................................................................................................................................... 39 Table 5. Projected Resettlement And Compensation, Department of Urban Roads (2001-2005), GA District.41 Table 6. Projected Resettlement And Compensation, Department of Urban Roads (2001-2005), Tamale.42 Table 7. Projected Resettlement And Compensation, Department of Urban Roads (2001-2005), Sekondi Takoradi.43  Table 8. Projected Resettlement And Compensation, Department of Urban Roads (2001-2005), Koforidua .......................................................................... 44 Table 9. Projected Resettlement And Compensation, Department of Urban Roads (2001-2005), Cape Coast .......................................................................... 45   ENVIRONMENTAL AND RESETTLEMENT/COMPENSATION FRAMEWORK GHANA ROAD SECTOR DEVELOPMENT PROGRAM (RSDP) INTRODUCTION The Ghana Road Sector Development Program (RSDP) is being proposed as the follow- on investment to the Highway Sector Improvement Program (HSIP). The overall approach to the environmental and social management of the proposed new program is to strengthen the environmental impact assessment system established under the HSIP. The potentially new and expected environmental and social impacts of the RSDP's field of influence and activities have been identified and assessed. The overall approach to environmental and social management of this new investment is to strengthen and enhance the EIA system by improving the Ghana Highway Authority's (GHA), and extended to the Department of Urban Roads (DUR) and Department of Feeder Roads (DFR), capacity to supervise or undertake EIAs and to monitor environmental and social impacts of road rehabilitation activities. PROPOSED ENVIRONMENT AND SOCIAL MANAGEMENT PLAN FOR RSDP The concern for environmental and social management sustainability under RSDP is the need for improving the institutional capacity for continuous environmental management activities within the road sector and the efficient use of available resources. The key institutional activities that require attention during the implementation of the RSDP are articulated the Andoh!Katz report, 2000. These will provide the basis for strengthening environmental management under the proposed RSDP where a detailed plan of required action, time frame to implement, estimated budget, and responsible agencies to adequately ensure the efficient and continuous implementation of environmental management activities within the road sector, under RSDP, are developed. A resettlement and compensation policy framework has been developed to address such issues within the RSDP. In accordance with national environmental legislation, each road activity will be subject to an environmental assessment. Strengthening the capacity and co-ordination will be crucial in managing the environmental and social issues in the RSDP. Based on the RSDP investments and environmental and social management experience gained under the HSIP, the Environmental Mitigation Plan (EMP) will support the following activities: i) environmental and social capacity strengthening, ii) ensuring physical works are adequately managed, iii) co-ordination of all project cycle aspects. - 1-  ENVIRONMENTAL ISSUES OF RSDP Road projects earmarked for implementation under the RSDP by three road agencies, the Ghana Highway Authority, the Department of Feeder Roads, and the Department of Urban Roads of the Ministry of Roads and Transport generally involve the rehabilitation or reconstruction of existing roads. The project will follow existing alignments and no radical widening of roads will take place. The expected impact of the RSDP projects on the environment will therefore be minimal. In a few cases, sections of the roads fall short of the required standard width. This is due to the fact that buildings and other structures have been constructed close to the road and within the road reservation. To obtain the standard width some such properties will have to be demolished. The number of such properties involved is very small. Similar to many other development projects, the RSDP projects, if not handled properly, could impact negatively on the environment. Although the extent to which it could affect the environment is minimal, an Environmental Assessment is presented in this report to outline measures that would be put in place to minimise or eliminate these impacts. The Assessment is also in line with the World Bank Policy for such projects. In preparing this report reference was made to a number of publications including the World Bank Technical Paper No. 140 - Environmental Assessment Sourcebook Vol.11 and EPA of Ghana's EIA guidelines POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK Government Of Ghana's Environmental Policy The environmental policy of the Government of Ghana seeks to: * Maintain ecosystems and ecological processes essential for the functioning of the bio-sphere * Ensure sound management of natural resources and the environment * Adequately protect humans, animals and plants, their biological communities and habitats against harmful impacts and destructive practices, and preserve biological diversity * Guide development in accordance with quality requirements to prevent, reduce and as far as possible, eliminate pollution and nuisances * Integrate environmental considerations in sectoral structural socio-economic planning at national, regional and district levels; and * Seek common solutions to environmental problems in West Africa, Africa and the World at large. Legal And Administrative Framework In order to achieve the above policy objectives, the government has put in place the necessary legal and administrative framework, which includes the following: * Passing of the Environmental Protection Act (Act.460 of 1994) and Legislative Instrument 1652 of 1999. Under both Legislatives, Environmental Impact Assessment is mandatory for Road projects. - 2 -  * The establishment of the Environmental Protection Agency which ensures the implementation of environmental policy and co-ordinates environmental activities * The preparation of a National Environmental Action Plan (NEAP) in 1988 to articulate government's environmental policies and provide the framework for interventions needed to protect the environment * International Conventions And Treaties * Ghana is a signatory to many international conventions, which impinge on the environment. These include: * UN Framework Convention on Climatic Change (Kyoto) (1997) * Chemical Weapons Convention (1997) * Convention to Combat Desertification (1994) * Convention on Biological Diversity (1992) * Montreal Protocol on substances that deplete the Ozone (1989) * Vienna Convention on Protection of Ozone layer (1987) * Convention on Preservation of Wetlands for Migratory Birds (Ramsar) * The African Convention on the Conservation of Nature and Natural Resources (1968) - International Convention for the pollution of the Sea by oil (1954). SELECTION OF PROJECT ROADS During the prefeasibility stage, in the selection of roads, preliminary environmental studies are conducted alongside the socio-economic studies. Where a major negative environmental impact is envisaged, eg., major negative impact on wetlands, recommendations are made not to select the road. When the roads pass the prefeasibility stage, a detailed environrnental impact assessment is carried out. Thus all roads selected for rehabilitation or reconstruction will undergo an environmental assessment when accepted for implementation. The assessment is a requirement under the Legislative Instrument LI.1652 (1999) and the Environmental Protection Act 460 of 1995. ALTERNATIVES EXAMINED Taking the effect of road projects on the environment - both natural and built, the following alternatives were considered: * "No-action" Alternative * Rehabilitation and Reconstruction Alternatives No ACTION ALTERNATIVE The "No-action" alternative assumes that the present state of the roads proposed under the RSDP would pertain. This would imply that the roads would be left in their current state of poor riding surface and unacceptable geometric alignments. Some of the roads are characterised by sharp horizontal curves and poor sight distances. Under this alternative, the present low standard of living in areas within the RSDP road corridor would continue to worsen. All development opportunities such as easy movement of agricultural produce, easy movement of passengers, reduced vehicle operating cost would not be realised. - 3 -  The present dusty nature of some of the roads, which is causing a serious health problem for the people living in the area, would remain. The narrow, uneven road surface and sharp curves causing long heavy vehicles to topple over and spill oil would continue to pertain. A choice of a "No-action" alternative will therefore, only rarely be in line with the Government's long term development objectives as outlined in Vision 2020. REHABILITATION AND RECONSTRUCTION ALTERNATIVE Improvement Of Existing Road This alternative implies improving the road alignment to an acceptable safety, speed and environmental standard. The alternative usually looks the more realistic since there would be virtually very minimal environmental impact as compared to the benefits that would be accrued from its implementation. Although there are environmental implications associated with the option appropriate mitigation measures would be implemented to control them. In spite of its high initial cost, the benefits to be accrued far outweigh the benefits of the other alternatives considered. BASELINE INFORMATION OF RSDP ROADS Highways Under the RSDP, the first roads to be rehabilitated/reconstructed have been packaged as follows, and the considerations given below are examples of the baseline information compiled before the EA is carried out: Total Distance Lot.1 Jasikan-Brewaniase-Oti Damanko (40-89km) Oti Damanko-Yendi (0-05km) - 98km These roads stretch from the Eastern corridor of the dry semi-equatorial climate of the Volta Region to the tropical continental or savanna climate of the northern region. Whereas the first part of the project roads receive two rainy seasons with mean annual rainfall between 1250-1500mm, the rest of the roads have a single rainy season of about 1000-1 150mm of mean annual rainfall. The mean monthly temperatures are between 24