Ghana - Education Sector Project : environmental assessment

E846 FINAL REPORT PREPARATION OF ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK FOR EDUCATION SECTOR PROJECT Submitted To: MINISTRY OF EDUCATION, YOUTH AND SPORTS (MOEYS) Prepared By: GIMPA CONSULTANCY SERVICES GIMPA - GREENHILL P.O. BOX GH 50 ACHIMOTA ACCRA Tel: 401681-3 Mobile: 020-2017905 Fax: 233-21-405805 rELEC CPY NOVEMBER 2003  I 4 I i  TABLE OF CONTENT ITEM PAGE TABLE OF CONTENT - - - - - - - - i ACRONYM - - - - - - - - - - viii EXECUTIVE SUMMARY - - - - - - - - xi 1.0 INTRODUCTION - - - - - - - - 1 1.1 Background of the Assignment - - - - - 1 1.2 Objective of the Study - - - - - - 2 1.3 Scope of the Study - - - - - - - 2 1.4 Output ofthe Study - - - - - - 3 2.0 DESCRIPTION OF THE PROPOSED PROJECT - - - 4 2.1 Summary of Project Components and Sub-Components - 4 2.2 Project Facilities - - - - - - - 6 2.3 Primary School Building - - - - - - 6 2.4 Water Points- - - - - - - - 6 2.5 Sanitation Facilities- - - - - - - 7 2.6 Teachers' Quarters - - - - - - - 7 3.0 DESCRIPTION OF AREA OF INFLUENCE - - - - 8 3.1 Introduction - - - - - - - - 8 3.2 Regional Distribution - - - - - - 8 3.3 Selected Districts - - - - - - - 10 4.0 DESCRIPTION OF THE LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK - - - - - 11 4.1 Ghana's Environmental Policy - - - - - 11 4.1.1 The Need for Environmental Management - - - 11 4.1.2 Environmental Protection Agency- - - - - 11 4.1.3 Environmental Assessment Regulations, 1999, L.I. 1652 - 12 4.1.4 Environmental Impact Assessment (EIA) in Ghana - - 13 4.1.5 Strategic Environmental Assessment (SEA) - - - 13 4.2 Other Relevant Policies and Laws- - - - - 15 4.2.1 Public Health Act- - - - - - - - 15 4.2.2 National Sanitation Policy-- - - - - - 15 4.2.3 Draft Water Policy- - - - - - - - 16 4.2.4 Forest Policy - - - - - - - - 17 4.2.5 Planning Policy- - - - - - - - 17 4.3 World Bank's Operational and Safeguard Policies - - 18 4.3.1 Environmental Assessment Policy (OP 4.01) - - - 19 4.3.2 National Habitats Policy (OP 4.04)- - - - - 19 4.3.3 Cultural Property Policy - - - - - - 19 4.3.4 Forestry Policy (OP 4.36) - - - - - - 19 4.3.5 Pest Management Policy (OP 4.09) - - - - 20 4.3.6 Safety of Dams Policy - - - - - - 20 4.3.7 Involuntary Resettlement Policy (OP 4.12) - - - 20 4.3.8 Indigenous People's Policy (OP 4.20) - - - - 20 4.3.9 International Waterways (OP 7.50)- - - - - 20 4.3.10 Project in Disputed Areas Policy (OP 7.6) - - - 21 4.3.11 Operational Procedures - - - - - - 21  4.3.12 Environmental Assessment (EA) Instruments - - - 22 4.3.13Environmental Assessment: Roles of Bank and Borrower- - - 22 4.3.14 Environmental Screening - - - - - - 22 4.3.14.1 Category A - - - - - - - - 22 4.3.14.2 Category B - - - - - - - - 22 4.3.14.3 Category C - - - - - - - - 23 4.3.14.4 Category FI - - - - - - - - 23 4.3.14.5 EA Requirements- - -- - -- - -- - 23 4.3.14.6 Strategic Environmental and Social Assessment- - - 23 4.3.15 EA for Special Project Types - - - - - 24 4.3.14.1 Sector Investment Lending- - - - 24 4.3.14.2 Sector Adjustment Lending - - - 24 4.3.14.3 Financial Intermediary Lending - - - 24 4.3.14.4 Emergency Recovery Projects - - - 25 4.3.15 Institutional Capacity - - - - 25 4.3.16 Public Consultation - - - - - 25 4.3.17 Disclosure - - - - - - 25 4.3.18 Implementation - - - - - 26 4.4 Review Ghana's Environmental and World Bank Recommendations 26 4.4.1 Summary with Regards to EdSeP Categorization - - 27 4.5 Conventions and Protocols- - - - - - 27 4.5.1 Rotterdam Convention on Prior Informed - - - 28 4.5.2 The Montreal Substance that Deplete the Ozone Layer - 29 4.5.3 UN Convention on Biological Diversity - - - - 29 4.5.4 The Basel Convention - - - - - - 30 4.5.5 Kyoto Protocol on to the United Nation Frame work Convention on Climate Change - - - - - - - 31 4.5.6 Beijing Amendment - - - - - - 33 4.5.7 UN Convention on drought and Desertification- - - 33 4.5.8 Bamako Convention on the Ban on import into Africa and The control trans-boundary movement - - - - 33 4.5.9 General Review of Provisions in National and International and Institutional Provisions - - - 34 5.0 METHODS AND TECHNIQUES USED IN ASSESSING AND ANALYSING THE IMPACTS - - - - - - 36 5.1 General Approach to the Assignment - - - - 36 5.2 Methods of Data Collection - - - - - 36 5.2.1 Literature Review/Desk Study - - - - - 36 5.2.2 Design and Administration of Data Collection Instruments - 36 5.2.3 Field Work - - - - - - - - 37 5.3 Assessing and Analysing of Environmental Social Impacts - 38 5.4 Outline of the Work Plan for the Assignment - - - 39 6.0 CONSULTATIONS WITH KEY STAKEHOLDERS - - - 40 6.1 Ministry of Education Youth and Sports- - - - 40 6.2 Ministry of Lands and Forestry - - - - - 40 6.3 Lands Commission - - - - - - - 40 6.4 Land Valuation Board - - - - - - 41 6.5 The Ministry of Local Government and Rural Development - 41 6.6 Environmental Protection Agency- - - - - 41 6.7 Town and Country Planning- - - 41  6.8 Metro Authorities and District Assemblies - - - 42 6.9 District Directorate of Education (Including Headteachers and Teachers - - - - - - - - 42 6.10 Traditional Authorities - - - - - - 42 6.11 Beneficiary Communities (PTA and Pupils) - - - 42 6.12 District Environmental Management Committee (DEMC) - 43 6.13 District Public Works Department - - - - 43 6.14 Contractors - - - - - - - - 43 6.15 Community Water and Sanitation Agency - - - 43 7.0 BIOPHYSICAL CHARACTERISTICS OF URBAN AND RURAL ENVIRONMENTS - - - - - - - - 44 7.1 Introduction - - - - - - - - 44 7.2 Water Resources - - - - - - - 44 7.2.1 Surface Water - - - - - - - 44 7.2.2 Groundwater- - - - - - - - 44 7.2.3 Ground Water Quality - - - - - - 46 7.3 Geology - - - - - - - - 47 7.4 Soils- - - - - - - - - 49 7.4.1 The Oxysols (Oxisols USDA, Ferric, Plinthic Aerisols FAO) - 49 7.4.2 The Ochrosols (Ultisols, USDA, Rhodic Ferralsol, FAO) - 49 7.4.3 Groundwater Laterite (Inceptisols, USDA, Plinthic, Ferrasol, FAO) 49 7.4.4 Tropical Black Earths (Vertisols, USDA, Pellic Vertisols, FAO) 51 7.4.5 Tropical Grey Earths (Alfisols, USDA, Gleyic Solenetz, FAO - 51 7.4.6 Other Soils - - - - - - - - 51 7.5 Climate - - - - - - - - 51 7.6 Measurable Project Related Indicators - - - - 52 7.6.1 Population of Ghana - - - - - - 52 7.6.2 Population of the Beneficiary Districts - - 53 7.6.3 Age-Structure of Population: Ghana - - 55 7.6.4 Distribution of Rural-Urban Population - - 55 7.6.5 Education - - - - - - - - 57 7.6.6 Availability of Schools in Rural Areas - - 57 7.6.7 Distance Rural Household Travel to get the Nearest Primary School 57 7.6.8 The Proportion of Boys and Girls of Primary School Age Enrolled - 57 7.6.9 Main Reasons why some Children in Rural Communities are not Enrolled in Primary Schools - - - - - 58 7.6.10 Schooling Problems - - - - - 58 7.6.11 Primary Schools with Sanitation Facilities - - - 59 7.6.12 Primary Schools with Water Points - - - - 59 7.6.13 Primary Schools with Electricity - - - - - 59 7.6.14 Primary Schools with Telephone - - -- - 59 7.6.15 Primary Schools with Refuse Cans - - - - 60 7.6.16 Primary Schools with Landscape - - - - - 60 7.6.17 The Need for Facilities as per Order of Importance -- - 60 7.6.18Adult Literacy- - -- - -- - -- -60 7.6.19 Major Health Problems Facing Households in Rural Communities - 60 7.6.20 Industry of Economically Active Population- - -- - -..61 7.6.21 Household Expenditure-- - -.- - - - -- - 61 7.6.22 Solid Waste Management Practice- - - - - 62 7.6.23 Solid Waste Composition - - - - - - 62 7.6.24 Solid Waste Collection, Transportation and Disposal- - - 63  7.6.25Esitmating Quantity of Solid Waste Generation- - - 63 8.0 DESCRIPTION OF THE ENVIRONMENTAL & SOCIAL IMPACTS OF THE PROJECT - - - - - - - - 64 8.1 Introduction - - - - - - - - 64 8.2.1 Site Survey - - - - - - - - 64 8.2.2 Site Clearing- - - - - - - - 64 8.2.3 Mobilisation - - - - - - - - 64 8.2.4 Site Selection - - - - - 64 8.2.5 Site Preparation and Leveling - - - - - 65 8.2.6 Community Sensitisation, Involvement and Ownership - 65 8.2.7 Employment Opportunities - - - 65 8.2.8 Timing of Construction Activities - - - 65 8.2.9 Resettlement and Compensation - - - - - 66 8.3 Constitutional Phase - - - - - - 66 8.3.1. Burrow Pits - - - - - - - - 66 8.3.2 Drainage Interface and Water Quality - - - - 66 8.3.3 Source of Raw Materials - - - - - - 66 8.3.4 Noise - - - - - - - - - 67 8.3.5 Air Quality (Dust) - - - - - - - 67 8.3.6 Transport and Traffic - - - - - - 67 8.3.7 Occupational Hazards and Accidents - - - - 67 8.3.8 Solid Waste Generation - - - - - - 67 8.3.9 Risk of Water Body Pollution - - - - - 68 8.3.10 Ground Water Quality/Contamination - - - - 68 8.3.11 Employment Opportunities - - - - - 68 8.3.12 Emergence and Development of Businesses - - 68 8.3.13 Quality of Materials - - - - - 68 8.3.14 Storage Facilities - - - - - 68 8.3.15 Supervision of the Works - - - - 68 8.3.16 Selection and Design of Types of Project Components 69 8.4 Operational Phase - - - - - - - 69 8.4.1 Availability of Teachers - - - - 69 8.4.2 Operation and Maintenance - - - 69 8.4.3 Solid Waste Generation - - - - 69 8.4.4 Traffic (Congestions, Accidents, etc.) - - 70 8.4.5 Health and Safety - - - - - 70 8.4.6 Groundwater Quality/Contamination - - 70 8.4.7 Groundwater Depletion/Aquifer Recharge - 70 8.4.8 Security - - - - - - 70 8.4.9 Habitat for Disease Vectors - - - 70 8.4.10Flies and Pest - - - - - 71 8.4.11 Pollution of Surface Water - - - - 71 8.4.12 Odour- - - - - - - 71 8.4.13Danger of Explosion - - - - 71 8.4.14 Liquid Waste - - - - - 71 8.4.15 Solid Waste - - - - - - 71 9.0 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK - 73 9.1 Introduction - - - - - - - - 73 9.2 Screening for Site Selection - - - - - 73 9.2.1 Cultural Sites - - - - - - - 73 iv  9.2.2 Adequate Land Area - - - - - - 73 9.2.3 Sanitation and Public Health - - - - - 73 9.2.4 Pollution of Water Bodies - - - - - - 73 9.2.5 Conflict with Nearby Communities - - - - 73 9.2.6 Population's Impact on the School - - - - 73 9.2.7 Ecologically Sensitive Sites - - - - - 74 9.2.8 Conflict with Nearby Land Use - - - - - 74 9.3 Screening for Potential and Social Impacts - - - 74 9.4 Mitigation of Impacts - - - - - - 76 9.4.1 Guidelines for Community Involvement - - - 77 9.4.1.1 Selection of Contact Persons - - - 77 9.4.1.2 Community Sensitization - - - - 77 9.4.1.3 Conflict Resolution - - - - - 77 9.4.2 Guidelines for Project Site Selection - - - - 77 9.4.3 Guidelines for the Timing of Constructional Activities - 78 9.4.4 Guidelines for Construction Work - - - - 78 9.4.5 Guidelines for the Availability of Teachers - - - 83 9.4.6 Guidelines for Liquid Waste Management in Primary Schools 83 9.4.7 Guidelines for Solid Waste Management in Primary Schools 84 9.4.8 Guidelines for Institutional Arrangement, Framework and Responsibilities - - - - - - - 84 9.4.8.1 Beneficiary Communities - - - - 84 9.4.8.2 Political Authorities - - - - 84 9.4.8.3 Chiefs, Opinion Leaders and CBOs - - 84 9.4.8.4 Headteachers, Teachers and PTAs - - 84 9.4.8.5 Ministry of Education Youth & Sports and GES 85 9.4.8.6 EPA - - - - - - - 85 9.4.8.7 Town and Country Planning - - - 85 9.4.8.8 Waste Management Departments - - 85 9.4.8.9 Community Water and Sanitation Agency - 85 9.4.8.10 Project Management Structure Guidelines - 86 9.4.8.11 Environmental Management Guidelines - 86 9.4.8.12 Guidelines of the Role of the EPA in the Project 87 9.4.8.13 Guidelines for EPA's Registration of the Projects 88 9.4.8.14 Guidelines for the Role of District Administrations 88 9.4.8.15 Guidelines of District Implementation Committees 89 9.4.9 Guidelines for Compensation and Resettlement with Regards to Land Acquisition - - - - - - - - - 89 9.4.10 Guidelines for Capacity Building - - - - - 90 9.4.11 Guidelines for Cost Estimates of the Implementation of the Mitigation Measures and Monitoring - - - - 90 9.5 Monitoring of Potential Impacts - - - - - 90 9.5.1 Community Involvement - - - - - - 91 9.5.2 General Operation and Maintenance - - - - 91 9.5.3 Project Site Selection - - - - - - 91 9.5.4 Timing of Construction Work - - - - - 91 9.5.5 Erosion and Surface Water Pollution - - - - 91 9.5.6 Destruction of Farms, Loss of Property and Lands - - 91 9.5.7 Burrow Pit - - - - - - - - 91 9.5.8 Source of Raw Materials - - - - - - 92 9.5.9 Noise - - - - - - - - - 92 9.5.10 Dust - - - - - - - - - 92 v  9.5.11 Liquid and Solid Waste Generation - - - - 92 9.5.12 Operation/Maintenance, Odour and Flies & Pest Sanitary Facility - - - - - - - - 92 9.5.13 Groundwater Quality/Contamination - - - - 92 9.5.14 Groundwater Depletion/Aquifer Recharge - - - 92 9.5.15 Disease Vectors - - - - - - - 93 9.5.16 Security - - - - - - - - 93 9.5.17 Groundwater Quality/Contamination and Danger of Explosion 93 9.5.18 Occupational Hazards and Public Accidents at Project Sites 93 9.5.19 Availability of Teachers - - - - - - 93 9.5.20 Quality of Work and Workmanship Specification - - 93 9.5.21 Quality of Materials - - - - - - 93 9.5.22 Storage of Materials - - - - - - 94 9.5.23 Supervision of Works - - - - - - 94 9.5.24 Selection and Design of Types of Project Components - 94 10.0 ENVIRONMENTAL MITIGATING PLAN - - - - 95 10.1 Introduction - - - - - - - - 95 10.2 Mitigation Measures - - - - - - 95 11.0 RECOMMENDATIONS - - - - - - - 105 vi  LIST OF TABLES Table 1: Regional Distribution - - - - - - 8 Table 2: Selected Districts - - - - - - - 10 Table 3: Components of EIA with SEA - - - - - 14 Table 4: Hydrological Information on Ghanaian Rocks (lOOacre-ft/yr) 46 Table 5: Groundwater Quality - - - - - - 47 Table 6: Population of the Beneficiary Districts - 2003 - - - 54 Table 7: Rural-Urban Split - - - - - - - 56 Table 8: Rural Households with Access to Schools - - - 57 Table 9: Distance rural Households travel to get to the nearest Primary School - - - - - - - - 57 Table 10: The Proportion of Boys of Primary School age Enrolled - 58 Table 11: The Proportion of Girls of Primary School age Enrolled - 58 Table 12: Main Reasons why some Children in Rural Communities are not Enrolled in Primary Schools - - - - - 58 Table 13: The most serious Schooling Problems in the Rural Communities 59 Table 14: Households living in communities, where there is or has been an adult literacy programme - - -- - -- - -- - 60 Table 15: Major Health Problems Facing Households in Rural Communities 60 Table 16: Industry of Economically Active Population- - - - - - 61 Table 17: Household Expenditure - - -- - -- - -- - 61 Table 18: Constructional Phase - - - - - 62 Table 19: Operational Phase - - - - - - - 63 Table 20: Chemical and Bacteriological Parameters Standards - - 83 Table 21: Environmental Mitigation Measures and Costs - - - 96 Table 22: Estimated Influence of Stakeholders and Environmental Assessment and Management Capacity of the Implementation and Monitoring of the Mitigation Measures of the EdSeP- - - - 114 LIST OF FIGURES Figure 1: Map of Ghana - - - - - - - 9 Figure 2: Outline of Work Plan for the Assignment - - - 39 Figure 3: Borehole Yield Map of Ghana - - - - - 45 Figure 4: Ecological Zones of Ghana- - - - - - 48 Figure 5: Soils of Ghana - - - - - - - 50 Figure 6: Age-Structure of Population: Ghana - - - - 55 APPENDICES- -- - -- - -- - - 115 Appendix I: Full Terms of Reference for Environmental and Social Management Framework - - - - - - - - 116 Appendix II: Data Collection Guides - - - - - 121 Appendix III: List of Individuals and Institutions Contacted - - - 139 Appendix IV: Environmental Assessment Preliminary Registration Form - 141 Appendix V: Checklist for Environmental Impact Assessment of EdSeP Project Components - - - - - - 147 Appendix VI: World Bank's Compensation and Resettlement Policy- - 157 Appendix VII References - - - - - - - - 179 vii  ACRONYMS AMA Accra Metropolitan Authority ASSIP Agricultural Services Sector Improvement Programme BAA Bank's Articles of Agreement CBO Community Based Organizations CEN Compliance & Enforcement Network COPPRC Convention on Oil Pollution Preparedness, Response and Co-operation CWSA Community Water and Sanitation Agency DAS District Assemblies DCD District Coordinating Director DCE District Chief Executive DCE District Chief Executive DDE District Directorate of Education DEMC District Environmental Management Committees DICs District Implementation Committees DMO District Medical Officer EA Environmental Assessment EAPR Environmental Assessment Preliminary Registration EDs Executive Directors EdSeP Educational Sector Project EIA Environmental Impact Assessment EIS Environmental Impact Statement EMP Environmental Management Plan EMP Environmental Mitigation Plan EPA The Environment protection Agency EPC Environmental Protection Council ESMF Environmental and Social Management Framework ESP Education Strategic Plan FBO Faith Based Organisation FC Forestry Commission FD Forestry Department FI Financial Intermediary FTI Fast Track Initiative GES Ghana Education Service GPRS Ghana Poverty Reduction Strategy Education GWS Ghana Water and Sewerage HRM Human Resource Management IBRD International IDA Irrigation Development Authority IDA International Development Agency IPDP Indigenous Peoples Development Plan ITB Inter Tropical Boundary KVIP Kumasi Ventilated Improved Pit Latrine L.I. Legislative Instrument LD Lands Department MDGs Millennium Development Goals MLGRD Ministry of Local Government and Rural Development MOEYS Ministry of Education Youth and Sports MOFA Ministry of Food and Agriculture NDPC National Development Planning Commission NGO Non-governmental Organisation NIC National Implementation Committee NIHL Noise Induced Hearing Loss NRCD National Redemption Council Decree OPs Operational Policies PER Preliminary Environmental Report viii  PIC Prior Informed Consent PNDC People National Defence Council POPs Persistent Organic Pollutants PPS Pilot Programmatic Scheme PWD Public Works Department, RAP Resettlement Action Plan SEA Strategic Environmental Assessment SECALS Sector Adjustment Loans SILS Sector Investment Loans SMC School Management Committee SMCD Supreme Military Council SNCD Supreme National Council Decree TCPD Town and Country Planning Department ToR Terms of Reference TWA Time Weighted Average VIP Village Infrastructure Project VRA Volta River Authority WB World Bank WC Water Closet WHO World Health Organisation WMD Waste Management Departments WRC Water Resources Commission ix  EXECUTIVE SUMMARY INTRODUCTION This report presents an Environmental and Social Management Framework for the Education Sector Project (EdSeP) of the Ministry of Education Youth and Sports (MOEYS). Though the project is aimed at improving the educational standards of the receiving communities, its implementation must be designed to be environmentally sensitive to avoid any undesirable adverse consequences of the given intervention The assignment was executed from 6th October to 12 November 2003 by a team of Consultants from the Ghana Institute of Management and Public Administration (GIMPA). The EdSeP will include - under the Pilot Programmatic Scheme - the construction of about 400 primary schools, including water points and sanitation facilities, per year, as well as the provision of teacher accommodations. These schools are to be built in poor, targeted areas; while the location of these facilities and the timing of their constructions is not yet determined, criteria have been developed to identify the areas where these interventions will take place. OBSERVATIONS AND CONCLUSIONS * The project areas are predominantly rural and most part of these areas have no access to pipeborne water. Groundwater is mainly the source of drinking water for majority of the communities in the project area visited. The two major forms of groundwater used are hand-dug wells and boreholes. Thus for the EdSeP, the water points available for consideration are tap (pipeborne) water, hand-dug wells or boreholes. It could also be any combination of the above depending on the supply of pipeborne water, quality of groundwater, and groundwater extraction and recharge rates. * Sanitation facilities would be provided for the 400 primary schools to be built. The sanitation facilities observed in the beneficiary districts were the Kumasi Ventilated Improved Pit Latrine (KVIP), Aqua Privy, Pour Flash, Water Closet (WC), Pit Latrine, Ventilated and Improved Pit (VIP), Environ Loo among others. KVIP, which is popular for families, would be under a lot pressure if used for major schools. The most recommended sanitation facilities by all the districts visited are Aqua Privy for areas without access to pipeborne water and WCs for areas with access to pipeborne water. * Under the Pilot Programmatic Scheme (PPS) of the Education Sector Project (EdSeP), the focus of the activities for implementing the Programme of Work 2003- 2004 would be 40 districts, selected on the basis of their comparative deprivation. The regional distribution of deprived districts indicates that, with the exception of Greater Accra Region, the rest of the regions have pockets of deprivation that need to be addressed. Statistics indicated that the three regions in northern Ghana have sections of their populace experiencing an intensification of vulnerability and exclusion and that more than 40% of their population live in poverty. In educational terms, the Western Region comes next to the three northern regions in terms of deprivation. x  The total population of the selected districts has been computed to be 6,124,068 by the end of 2003, out of which 3,034,028 are males and 3,090,040 are females. It must be mentioned that 4,848,469 people in the area are found in the rural areas and 1,274,600 people are in the urban areas. The proportion of children under 15 years in 2000 was 41.3%, which was a significant decline from 45% in 1984, and though it is still high, is a reflection of declining fertility. The ratio of the elderly to children also increased from 8.5 in 1984 to 12.8 in 2000, which is a further indication of ageing of the population, though slight. The dependent population (<15 and +64) is determined to be 46.6 and the adult population adult population (18+) is determined to be 52.6%. * The study area is predominantly rural. The rural-urban split of the study area is 20.8-79.2%. The 2000 Population and Housing Census indicated that educational attainment in Ghana (3 years and more) was pre-school (3.2%), primary (18.6%), Middle/JSS (21.1%), Secondary SSS (6%), Vocational/Technical (2.2%), Post Secondary (1.5%), Tertiary (2.8%), and None (43.3%), and the school attendance (3 years and more) was pre-school (13.8%), primary (54.3%), Middle/JSS (16.5%), Secondary SSS (8.3%), Vocational/Technical (2.0%), Post Secondary (1.7%), and Tertiary (3.5%). About 86% of rural households live in communities that have access to a primary school; 62% of households live in areas, which have access to a junior secondary school, while 10% live in communities, which have access to a senior secondary school. * Almost all rural schools are public schools. The primary schools are usually in the communities, where the rural households live. Other households however have to travel between 1 and 10 miles to get to the nearest primary school depending on the ecological zones. * Boys and girls in the Forest zone appear to be much more likely to be enrolled in primary schools than their counterparts from the Coastal and Savannah zones. In the Savannah zone, girls are less likely than boys to be enrolled in primary schools. * Lack of finance appears to be the main reason for non-enrolment of children in rural areas in primary schools. A lot of the enrolled children in primary schools miss classes continuously for various reasons. It was observed in a primary school visited in Kintampo District (Savannah Zone) during the fieldwork that more than half the children skip school during market days. * The most serious schooling problems in the rural communities include lack of school building, insufficient furniture, lack of qualified teachers, high cost of schooling, lack of textbooks, and lack of accommodation for teachers, among others. It was noted in all the districts visited during the fieldwork that some primary school children carry their chairs to school. * About 19.5% of the primary schools in the districts visited during the fieldwork have sanitation facilities. A good number of these primary schools are relatively new. With regards to water points, only about 3.47% of the primary schools of the districts visited during the fieldwork have water points. The water points are pipeborne water taps and boreholes. In almost all the cases, the surrounding residents were noted to be patronizing the water points. xi  * It was observed during the fieldwork that about 4.6% of the primary schools in the visited districts have electricity. They are new and are found in the urban sections of the districts. None of the primary schools in the districts visited has telephone. * With regards to refuse cans, only 0.83% of the schools in the district, which were visited during the fieldwork, have refuse or garbage cans. The pupils in the bulk of the primary schools pick the rubbish around the schools and dump them onto a chosen site or burn them. * Almost 10% of the primary schools in the districts visited during the fieldwork have some sort of landscape, which is of utmost importance in checking erosion. It must be mentioned that in the forest zone, due to the abundance of rainfall, landscape is easily carried out and maintained. The need for sanitation facility, water points, electricity, telephone, refuse disposal system, and landscape was discussed during the fieldwork with District Authorities, District Directorate of Education, members of Parent-Teachers Associations, Headteachers, Teachers, and school pupils. It was observed that water points and sanitation facilities were chosen equally as the most important necessity of primary schools. These were followed by electricity, refuse disposal system, landscape and telephone, in that order. Rural community dwellers are exposed to a host of health problems related directly to inadequate water (quality and quantity) and lack of proper sanitary provisions. These problems are compounded by absence of basic health infrastructure and health education. Some of the common diseases are malaria, guinea worm, kwashiorkor, cholera and diarrhoea. Ghana's EIA procedures provide for the registration of proposed developments with the Environmental Protection Agency (EPA) and subsequent screening to determine the level of environmental assessment required. The EdSeP, at this stage, has no identified specific sites for implementation, and is of various components and therefore is categorised to be under EPA's Strategic Environmental Assessment and World Bank's Strategic Environmental and Social Assessment. A single Environmental Approval would be issued for the EdSeP, on the basis of the Strategic Environmental Assessment, by the EPA. For individual projects, the EPA will undertake its appraisal on project-by-project basis once the site specific assessment is considered satisfactory. The level of assessment for any individual project would depend on size or scale of project, nature/type and magnitude of impacts, location (land use consideration, compatibility and sensitivity), and resource base and resource at risk. The EPA has adequate environmental assessment and management capacity. Investigations indicate that ground water supplies are generally suitable for most domestic and industrial purposes. However there are some areas with occurrence of high concentrations of manganese, iron, salinity, fluoride, and total hardness, e.g. in sections of Bongo, Wassa West and Fanteakwa Districts and other contiguous districts to the above mentioned. Community Water and Sanitation Agency (CWSA) determines, whether groundwater meets the required standards before giving their xii  approval for its usage. Supposing the groundwater in a given area has high concentrations of manganese, iron, salinity, fluoride, or total hardness, the CWSA would advise on exactly which corrective measures to take. * Most of the project impacts would be localized due to its small scale. Field studies and lessons from similar programmes show that issues such as community involvement, community ownership and selection of appropriate sites, destruction of farms or property and resettlement and compensation, adjoining land uses, groundwater quality/contamination, employment opportunities, timing of constructional activities, demolitions of existing school building, quality of materials, supervision of works, and selection and design of types of project components, operation and maintenance, availability of teachers, odour, groundwater depletion/aquifer recharge, security, and solid and liquid waste management are some of the key concerns, which influence the success, and sustainability of such projects. * The EdSeP activities may likely produce domestic solid waste, commercial solid waste, and constructional/demolition waste. These are expected to comprise food waste, paper, cardboard, wood, rubber, plastic, sand, soil, stone, concrete, bricks, aluminum, glass during the constructional phase and food waste, paper, cardboard, plastics, textiles, rubber, leather, wood, glass, tin cans, and sand. The solid waste generation is estimated to be between 0.2-0.5kg/capita/day. The average population of the schools visited including the teachers is 220. The teachers' accommodation, which is part of the project, is likely to provide an additional population of 20 making the total population to be 240. This population multiplied by the average/capita of waste generation per day will be 84 -120 kg/day. * Mostly, solid waste bins are placed at vantage points in the schools for waste collection. The waste after having been collected is mostly not segregated. The means of transportation have been either wheelbarrows or carried by pupils to the various disposal sites. These disposals sites are pits 10-30m away from the schools, where the rubbish is dumped and at times burnt. Because of the nature of the wastes, not all are burnt and thus rendering the pits full within a very short time. The waste usually contains large quantities of sand, which also contribute to making the pits full. Pits are therefore dug very often all around the school premise with its associated environmental impact. * The components of the EdSeP will be implemented by various organisations including Government agencies, District Administrations, Architectural firms, and Construction Contractors. The environmental concerns raised earlier therefore require that some aspects of project design and implementation, and tender and contractual documents preparation should be environmentally sensitive. They would be expected to screen for site selection; potential environmental and social impacts; mitigation of impacts; and to be able to outline steps for monitoring of potential impacts, with a process for triggering subsequent environmental and/or social assessments, where necessary. This, they would carry out with the assistance of the CHECKLIST Matrix in Appendix V by apportioning Estimated Impact Magnitude (-2, - 1, 0, +1, and +2) to the identified potential project impact. * Undertaking the identification of the potential project impacts would facilitate the filling of EPA's Environmental Assessment Preliminary Registration Form EA1, a sample of which has been included as Appendix IV. Those responsible for the xiii  screening process would be provided with training on how to fill the forms and on Environmental Impact Assessment procedures. * It must be mentioned that based on the information gathered during the screening exercise and provided on the EPA's EAl Form, the EPA officers would visit the proposed project sites to assess the adequacy of the information provided and also the appropriateness/suitability of the selected site, among others, and they would decide whether to give approval at this stage or require further analysis in the form of Preliminary Environmental Assessment or a more thorough assessment in the form of a complete Environmental Impact Assessment. * In the case of the Preliminary Environmental Assessment, a less detailed form of EIA, which leads to a Preliminary Environmental Report (PER). The Terms of Reference (TOR) are determined by the EPA. For the Environmental Impact Assessment (EIA), detailed study based on an initial scoping report is to be carried out on TOR agreed with the EPA. * The proposed measures to mitigate the potential impact of the implementation of the EdSeP components have been prepared in the form of guidelines. The guidelines are provided to ensure that good environmental practices are adopted to avoid and/or limit adverse consequences from the proposed interventions. They have covered all the project's environmental concerns and institutional framework. These guidelines are the recommended procedure to follow in the implementation of the EdSeP. * The Environmental Mitigation Plan for the implementation of the EdSeP has been prepared to cover potential environmental and social impacts resulting from project activities, proposed mitigation measures, institutional responsibilities for implementation of the mitigation measures, monitoring indicators, institutional responsibilities for monitoring the implementation of the mitigation measure, cost estimates for these activities, and time horizons for implementation of the EMP. RECOMMENDATIONS The recommendations for the EdSeP have been prepared in the form of guidelines (ESMF) and monitoring procedures. The major recommendations have been summarised below: a. Community Involvement and Ownership * Selection of Contact Persons: Although their support and involvement is essential, community leaders like Chiefs and Assembly Members do not always make the best contact persons for project implementation. In some situations, efforts should be made to identify other opinion leaders particularly those who appear to catch the vision and can assist in sensitising the people. Contacts should be made with children, women, groups, the poor, teachers, and parents, as they constitute the major beneficiary group of the project. This is to be performed by the District Implementation Committees (DICs) * Education: Selected beneficiary communities should be educated on all aspects of the intended intervention well ahead of time. This should include the benefits, problems and financial implications among others. Animation, xiv  film shows, drama and posters are some of the methods that could be used to educate the people. This is the responsibility of the DICs. * Conflict Resolution: All issues of conflict and misunderstanding identified prior to implementation should be exhaustively addressed and resolved by the DICs, using e.g. public forum to arrive at compromises. The tendency of using the project itself as a means of overruling potential conflict and misunderstanding should be avoided. * Community Ownership: Community participation/involvement is a vital issue that has been identified to ensuring sustainability of any project. Most of the communities targeted by the EdSeP are among the most deprived in the country. This makes it more meaningful that they identify themselves with the project and its success by ensuring that assistance is provided to siting and constructing of the project's components and to teachers, who would work in the establishment. Steps should thus be taken by the DICs to sensitise and involve the beneficiary communities from the start of the project. * Monitoring: A third party, consultant, should be engaged to determined the level of involvement, sensitisation and understanding or otherwise of the project in the beneficiary communities prior to the start of the project. Report on findings should be sent to the National Implementation Committee (NIC). b. Project Site Selection The DSACs and Contractors should hold consultations with the District Environmental Management Committees (DEMC), the Land Commission and the Water Resource Commission in siting the project components. The recommendations for site selection of projects should consist of the following: * Avoid locating projects near cultural sites such as sacred groves and burial grounds and other places that may give offence to the people. * Avoid siting facilities near unsanitary locations, e.g. rubbish dumps, which might lead to outbreak and spread of infectious diseases. * The sanitation facilities should not be sited near water bodies. * Involve other nearby communities that might send their children to the schools too in order to avoid conflict, which could lead to tensions in the use of the school * The population of the communities in the catchment area would have to be consulted in siting the school in order that the school facility is not extremely under-utilised * In considering the catchment area, the sustainability of enrolment over the years should also be looked at. xv  * Ensure that the project site has sufficient land area for the construction of all the project's components, facility installation and for future expansion, if necessary. * Avoid ecologically sensitive sites such as flat plains, which are liable to flooding, aquifer recharge zones, steep terrain prone to erosion and threat to fragile habitat and endangered species. * Avoid sites close to other land uses, such as major highways, hospitals, quarry, etc. that may impact negatively on the pupils or vice-versa. c. Timing of Constructional Activities The construction work should be planned by the contractors taking cognizance of the following: * Cultural and Religious Activities - Some religious and cultural activities may engage the attention of the people over an extended period of time, such periods should be avoided as much as possible. * Seasonal Migration - Periods and seasons when some of the people migrate out of their communities to seek employment elsewhere should be factored into the planning. * Favourable Climatic Conditions - Activities requiring extensive excavation work like water projects must be timed to coincide with periods of conductive climate. In some areas, especially northern Ghana, the rainy season renders inaccessible parts of the regions, thus construction work has to be planned in the dry season. d. Resettlement and Compensation * Any person or group of people to be affected by the project in the form of loss of farms, income, livelihoods, access to natural resource, houses and other landed property should be compensated or resettled. It must be mentioned that the user of land, whether he/she is owner of the land or not, should be compensated. The State Lands Act 1963 section 6(1) provides that any person, whose property is affected by public projects, shall be entitled to compensation. The same Act provides avenues for people, who are not satisfied with the compensation to seek redress. The Lands Act provides for payment of compensation and resettlement of displaced people, whose lands or landed property are affected by projects being undertaken by Government, where there are gaps or discrepancies between the Land Act and the World Bank Policy, the World Bank Policy would apply. The policy is found in Appendix VI. Inspections should be carried out by the EPA and District Implementation Committees to determine whether there are destruction of farms, displacement of households, loss of land, and property or landed property, in order to determine whether the right procedures have been followed with regards to compensations and resettlements. xvi  e. Source of Raw Materials * The project consultant should ensure that the contractor procures building materials such as sand, stones, and laterite from licensed and approved sites. * As long as chain-sawn lumber remains illegal, contractors should be urged not to employ them in the construction of any of the facilities of the project. Visual inspection of the Construction materials should be carried out by the DICs, paying particular attention to lumber. They should not be chain-sawn lumber. f. Operation /Maintenance and Odour * The management and maintenance of the components of the project should be in the hands of the District Assembly through the District Directorate of Education. Spare parts for water points should be made available, as they are difficult to come by in the rural areas. Inspection should be carried out on the project components during the operational phase in order to assess the condition, proper management or otherwise and to determine the availability of back up spare parts especially for the water points. This inspection is to be carried out by the DICs, GES and MOEYS. * Good housekeeping of sanitation facilities (KVIP, VIP, Pit Latrine, and Pan Latrine) should be enshrined in the operations of the school, and to be carried out either by the pupils or by a private company in order to ensure the facility's sustainability Periodic monitoring and evaluation of the sanitation facilities should be undertaken to assess their condition with regards to cleanliness and use or otherwise. This should be supervised by the DICs and crosschecked by GES and MOEYS. g. Quality of Work and Workmanship Specification * All building works contracted for the Government of Ghana are to be executed according to the General Specification for Building Works published by the Government of Ghana in November 1995. These specifications are Ghana Standard Board and British Standards specifications. The District Tender Boards and DICs are to ensure that the contract documents are in accordance with the General Specification for Building Works published by the Government of Ghana in November 1995, which mainly are Ghana Standard Board and British Standards specifications. They would also inspect the construction while it is in progress with the help of the Public Works Department Engineers of the Districts to assess whether the specifications are being adhered to correctly. The DICs are to ensure that the contractors apply, as applicable, the guidelines prepared herein for the mitigation of impacts, in order to achieve quality of work. xvii  h. Quality of Materials * All the materials to be used in the construction of the project components are to be new, of best quality and manufacture and in accordance with the current British Standard and Ghana Standard Board specifications, where they exist. Where they do not exist, samples are to be provided for tests to be carried out on the materials. When samples have previously been submitted and approved, all subsequent deliveries should be in accordance with the sample. The contract documents prepared for the execution of the project should insist on the use of materials of the highest quality, which are of the current Ghana Standard Board or British Standard specifications. The DICs and members of NIC would visit sites to inspect the materials and would ensure that subsequent deliveries would be in accordance with the samples previously inspected and approved. i. Supervision of the Works * Supervision of the works would be done by the District Implementation Committees in order to have proper control of the construction of the components of the project and reports prepared and sent to the NIC. This is further mentioned in the recommendations for Institutional Framework. J. Selection and Design of Types of Project Components * The design of the project components and the selection of types of water points and sanitation facilities are to be carried out in conjunction with or by the District Assemblies and District Implementation Committees. The DAs have their developmental plans and know, for example, which communities would be served with pipeborne water within a year or two. This proposal is also to avoid the selection or design of impractical project components, which would be imposed on the beneficiaries. The selection of type of school building, teachers' quarters, water points and sanitation facilities should be done by the DAs and DICs. Report on the project component selections made would be sent to the NIC. k. Security * The water points must be protected to prevent misuse, accident and intentional pollution. Wells and boreholes should be secured by raising concrete barrier structure and provided with cover and lock. The sanitation facilities must be secured by lock when the schools are not in session. Visual inspection of the water points and sanitary facility is required to determine whether they are secured by concrete barriers and with locks. The DICs and GES are to undertake this inspection. xviii  1. Groundwater Depletion/Aquifer Recharge * This is relevant for wells and boreholes. Design considerations should ensure that abstraction rates are consistent with natural aquifer recharge. Consultations with the regional CWSA would provide information on the aquifer recharge. Questionnaires could be applied to the teachers and pupils to determine, whether there are times that the groundwater gets depleted or the yield is observed to reducing. This would be carried out by the DICs and CWSA. m. Groundwater Quality * Water is intended for human consumption and should be subjected to quality analysis by the Community Water and Sanitation Agency (CWSA) to determine, whether it meets the required standards before giving approval. Supposing the groundwater does not pass the standard tests, the CWSA would advise on exactly which steps to take. It is imperative to mention that during the operational phase regular quality analysis would also have to be carried out to ensure that the water continues to be suitable for drinking. The DICs are to liase with the CWSA in monitoring the groundwater quality, document the data properly and to prepare reports to be submitted to EPA, GES and MOEYS. n. Groundwater Contamination * Work on septic tanks and pits would have to be carried out professionally and to the highest quality to avoid contamination of groundwater during the constructional phase, and leachate into groundwater during the operational phase. Work quality inspections are to be carried out by DICs. o. Availability of Teachers * The Deprived Schools Teacher Incentive Scheme, prepared by the Ghana Education Service, should be implemented to ensure sustainability of the project. The Ministry of Education Youth and Sports, Ghana Education Service and the Ministry of Finance should see to the implementation of the Deprived Schools Teacher Incentive Scheme. Performance assessments of the scheme should be undertaken by an independent consultant to monitor its implementation. p. Liquid Waste Management in Primary Schools * Measures to guide the operation of schools with regards to Liquid Waste Management in order to ensure the project's sustainability include: - Provide enough toilet seats and urinal points to cater for the school - Ensure that the pupils use these facilities without resorting to "free- ranging" xix  - Ensure that the pupils are sensitised to understand the reasons why they are to use these facilities. Sanitation and hygiene could be incorporated into their school work. - Incorporate waste water disposal in the design to ensure that waste water from wash basins flow into proper gutters, where they are available - Put in place a programme, including inspection of schools, to ensure Proper House Keeping of the facility - Put in place a programme to periodically empty septic tanks of the Aqua Privy or WCs, either through private entities or the District Assembly, to ensure that they do not overflow. - The DAs would be required to have a septic emptier or an improvised one, as it was apparent from the field work that Aqua Privy is better for schools in areas, where there is no pipeborne water, than the KVIP. Liquid waste management should be monitored during operational stages of the project. This should be undertaken by the DICs, GES and crosschecked by the Ministry of Education Youth and Sports. q. Solid Waste Management in Primary Schools * Measures to guide the operation of schools with regards to Solid Waste Management in order to ensure the project's sustainability include: - Provide enough garbage cans of right sizes and with covers to cater for the school's rubbish collection needs - Ensure that the pupils use these facilities and that they do not throw rubbish anywhere else - Ensure that the pupils are sensitised to understand the reasons why they are to use these facilities. Sanitation and hygiene could be incorporated into their school curricula. - Incorporate garbage cans and rubbish collection points in the design of the school to make garbage cans easily accessible to the pupils and teachers. - Put in place a programme, including inspection of schools, to ensure Proper House Keeping of the school. - Put in place a programme for the evacuation of the collected rubbish, either by private entities or the District Assembly, once everyday or every other day. Periodic monitoring and inspections should be undertaken by the DIC, GES and MOEYS during the constructional and operational phases of the project. The condition of solid waste management should be determined. The parameters to use are siting of garbage cans, number, and proximity to one another. r. Project Management Structure * The management structure for the EdSeP implementation with regards to environmental management is proposed to be coordinated by a National Implementation Committee (NIC), which is expected to be the highest authority. This committee is expected to provide overall policy guidance and would comprise of the heads and key technical personnel of Ministry of Education Youth and Sports (MOEYS), Ghana Education Service (GES), xx  Ministry of Local Government and Rural Development (MLGRD), and Community Water and Sanitation Agency (CWSA). The responsibility for the overall project management is proposed to be vested in the NIC, which would be headed by a National Co-ordinator. Under the NIC is the District Implementation Committees (DICs), which are expected to consist of representatives of Regional Education Office, District Education Office, Metropolitan Authority (District Assembly), Traditional Authorities, PTAs, School Management Committees (SMCs), and Teachers. The DIC is to be headed by the District Chief Executive (DCE). s. Environmental Management * The EdSeP under EPA requirement is categorised under Strategic Environmental Assessment (SEA). It is expected however that, individual components would be subjected to appropriate project level assessment following approval of the SEA prior to the project implementation. In this regard, it is proposed that the District Implementation Committees liaising with representatives of the Construction Contractors be responsible for ensuring that project specific level assessment requirements are met. They should receive initial training and orientation from Environmental Consultants in order to have the requisite skills. t. The Role of the EPA in the Project * The EPA plays a lead role in the administration of EIA in Ghana. The EPA Act (Act 490, 1994) and the Environmental Assessment Regulation (LI 1652) 1999 mandate the Agency to ensure compliance with laid down EIA procedures provided comprehensively for site-specific project impact assessment. The EdSeP in its preparatory assessment is to be considered under the Strategic Environmental Assessment (SEA). A single Environmental Approval would be issued for the EdSeP, on the basis of the Strategic Environmental Assessment, by the EPA. For individual projects, the EPA will implement monitoring programmes on project-by-project basis once the site specific assessment is considered satisfactory. The level of assessment for any individual project would depend on size or scale of project, nature/type and magnitude of impacts, location (land use consideration, compatibility and sensitivity), and resource base and resource at risk. In general, there are three environmental assessments available under the Ghana EIA procedures: (a) Individual Projects for which only Registration may be required using Form EAl (b) Individual Projects for which Preliminary Environmental Assessment may be required (c) Individual Projects for which Environmental Impact Assessment may be required * The EPA would register all EdSeP project components and monitor environmental compliance following implementation. xxi  * EPA would also maintain a register of all EdSeP project components in all the regions and prompt its regional officers to monitor the projects and provide up- dated information on their environmental performance and status * Finally, the EPA would assist, monitor, and ensure that the District Implementation Committees comply with laid down EA procedures in the implementation of the individual projects, especially when it comes to Site Selection and the issue of Compensation and Resettlement. u. Role of District Administrations * District Assemblies (DAs) are empowered under Act 462 of 1993 to be responsible for development, improvement and management of human settlements and the environment in their districts. * In order to facilitate the work of the DAs in this regard, District Implementation Committees (DIC) are proposed to be formed in all the districts that would receive the EdSeP project components. v. Role of District Implementation Committees * The District Implementation Committees have a major role to play in any of the developments under the EdSeP in their district and are required to ensure ultimate sustainability. * It is proposed that the EdSeP involves the DICs in all aspects of project implementation to ensure that the best available procedures are adopted to enable compliance with sound environmental practice. w. Capacity Building * The members of the National Implementation Committees (NIC), District Implementation Committees and the groups of potential contractors are to be provided with Environmental Awareness Training. For the last two groups the training would also be aimed at developing and improving on skills to screen for site selection and potential environmental and social impacts, fill the environmental forms, be able to comprehend and take mitigation measures and take steps to monitor the potential impacts of the Project. x. Cost estimates of the implementation of the mitigation measures & monitoring * The total amount to be incorporated into the projects costs with regards to implementation and monitoring of the mitigation measures is US$ 1,100,909. This amount consists of: $200,000 for monitoring Community Involvement, $36,364 for monitoring Noise measurements, $454,545 for Back up spare parts, $200,000 for monitoring the availability of teachers, and $210,000 for capacity building. xxii  1. INTRODUCTION This is the Draft Final Report on the preparation of an Environmental and Social Management Framework for the Education Sector Project of the Ministry of Education Youth and Sports (MOEYS). The assignment was executed from 6th October to 12 November 2003 by a team of Consultants from the Ghana Institute of Management and Public Administration (GIMPA). 1.1. Background of the Assignment Improving the educational sector is one of the key issues of Ghana's development agenda, over the years. In pursuit of restoring the standard of education, governments have made various efforts with the view of ensuring that the education services provided fulfil the expectations of the individual as well as making available the requisite human resource capital for national development. In this regard, the Government of Ghana has received significant assistance from its Development Partners, who have, through a variety of interventions and funding programme, provided additional resources to enable the Educational Sector to confront the numerous challenges in delivering educational services to all levels. Currently, an Educational Sector Project (EdSeP) to be funded by IDA is being developed. The proposed Education Sector Project is to support the Government of Ghana's efforts to improve educational services. It will build on progress achieved in recent years mainly the achievements of the Basic Education Sector Improvement Programme. The EdSeP would also support the Ministry of Education Youth and Sports (MEYS) to implement its Education Strategic Plan and Work Programme (2003 - 2015). The strategic plan spells out the Ministry's policies, targets, strategies and advises and adopts an "issues-based" approach to sector development. It identifies four (4) principal areas of focus: Equitable access to education )01 Quality of education Education management )0. Science and technology The development objectives of the Education Sector Project (EdSeP) were developed in the strategic context of past efforts in the sector. In 2002, for example, the Government launched parallel sector reviews in order to be in a position to reach the Millennium Development Goals (MDGs), and in 2003, the Government completed its Ghana Poverty Reduction Strategy (GPRS), which aims at promoting equitable human resource development, and gives a central place to education. At the same time, Ghana became eligible to apply to the Education for all/Fast Track Initiative (EFA/FTI). The Ministry of Education Youth and Sports (MOEYS) then started preparing an Education Strategic Plan (ESP), which links sectoral objectives to those coming from a poverty reduction perspective. The ESP translates the Government's priorities and builds on a dialogue with its development GIMPAI MOEYS Environmental and Social Management Framework, November 2003 1  partners. The EdSeP is at the point of convergence on these strategic streams and is complementary to the forthcoming Poverty Reduction Support Credit (PRSC), the Bank-financed operation to support the GPRS. Within this context, and given the other operations currently in place or being prepared, the objective of the EdSeP are to (i) strengthen the efficiency and management of the education sector, and (ii) ensure equitable access to quality education services at all levels. In support of these objectives, the EdSeP will include - under the Pilot Programmatic Scheme - the construction of about 400 primary schools, including water points and sanitation facilities, per year, as well as the provision of teacher accommodations. These schools are to be built in poor, targeted areas. 1.2. Objectives of the Study The MOEYS required an environmental and social analysis of all components of the EdSeP, with particular attention to civil works activities. According to the Terms of Reference (TOR), the purpose of the proposed study was threefold. Firstly, the consultants would develop an Environmental and Social Management Framework (ESMF) which would enable those responsible for future construction activities to (i) screen for potential environmental and social impacts due to construction activities; (ii) identify and apply appropriate mitigation measures; and (iii) monitor the implementation of these measures. Secondly, the study will assess the relevant institutional capacity for mitigating as well as implementing these measures. Thirdly, the proposed study will include an appropriately budgeted Environmental Mitigation Plan (EMP) for the entire project to facilitate its implementation. 1.3. Scope of the Study In developing the ESMF, the consultant would carry out the following tasks: (i) Review the biophysical characteristics of the environment in the urban and rural areas to be covered by the project, and highlight the major constraints that need to be taken into account in the course of project implementations. (ii) Assess the potential environmental and social impacts of construction activities in the urban and rural areas and recommend mitigation measures as appropriate, including cost estimates; (iii)Assess the potential environmental and social impacts of the provision of water points and sanitation facilities under the project, and make recommendation; (iv) Assess the need for liquid and solid waste collection, disposal and management under the proposed project, and make recommendations accordingly; GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 2  (v) Review Ghana's environmental policies, legislation, regulatory and administrative frameworks in conjunction with the World Bank's recommendations as to how to close these gaps in the context of the proposed project as appropriate; (vi) Review the Conventions and Protocols to which Ghana is a signatory; (vii) Assess existing environmental assessment and management capacity, as well as the capacity to implement the proposed mitigation measure, and make recommendations as appropriate, including potential capacity building and training needs and their costs; (viii) Prepare an Environmental and Social Management Framework (ESMF) to enable those responsible for construction activities to (a) screen for: (i) site selection; (ii) potential environmental and social impacts; (iii) mitigation of impacts; and (b) to outline (i) steps for monitoring of potential impact, with a process for triggering subsequent environmental and / or social assessments, where necessary, and (ii) institutional responsibilities for the afore-mentioned activities. The ESMF should also include references to Ghana's environmental policies and laws as well as to the World Bank's safeguard policies to ensure that these are respected during project implementation. (ix) Prepare an Environmental Mitigation Plan (EMP) for the implementation of EdSeP. The EMP. should outline: (i) potential environmental and social impacts resulting from project activities; (ii) proposed mitigation measures: (iii) institutional responsibilities for implementation of the mitigation measures; (iv) monitoring indicators; (v) institutional responsibilities for monitoring the implementation of the mitigation measure; (iv) cost estimates for these activities; and (vii) time horizons for implementation of the EMP. The full Terms of Reference is given as Appendix 1. 1.4. Output of the Study From the terms of reference the output of the study would be an Environmental Assessment Report containing: * Environmental and Social Management Framework (ESMF) * Environmental Mitigation Plan (EMP) for the Implementation of EdSeP. GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 3  2. DESCRIPTION OF THE PROPOSED PROJECT 2.1. Summary of Project Components and Sub-Components The EdSeP is currently presented as a packaged project with three main components: A: Capacity Building and Management B: Pilot Programmatic Scheme, and C: Development and Innovation in Tertiary Education A: Capacity Building and Management The Capacity Building and Management component aims to strengthen the institutional basis and the management capacity needed: - To power the national neo-developmental drive. - For efficient delivery of education services. The objectives, outputs, and indicators of this component can be categorized according to the two sub-components as follows: The Sector-based Rationalization: The objective is to carry out a Sector-Based Rationalisation that will result in normalized functions and cross-agency as well as internal division of labour with clarified responsibilities and scope of authority. This is expected to serve the additional purpose of facilitating the Government's decentralization policy. The main outcome of the rationalization will be the establishment of mandate for each main organization unit with their roles and functions devoid of inherent duplications and overlaps. This process will generate a report detailing the normalized functions and role of the organization units within the Ministry of Education Youth and Sports, their place on the organization map and their authority and responsibility levels. Agency-based Capacity building and Modernization The objective is to improve the availability, quality and utilization of human resources, physical resources, financial resources and information resources, while improving procedures and providing efficient systems to effectively manage these resources. The outputs of the diverse operations under this sub-component are: the Vision and Mission statements and, internal structure of the organization units with job descriptions for staff; improved Systems and Procedures for human, physical, financial and information resources management. Indicators that the planned activities have been successfully carried out are: Staff assigned to jobs with job description and knowing the vision and mission of the Ministry of Education Youth and Sports as well as that of their parent organization unit; Multi-year training program; Systems design and pilot GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 4  Proposal for the implementation of a computerized information system for human, physical, and financial resources management. B: The Pilot Programmatic Scheme The Pilot Programmatic Scheme is aimed at lending complete support to and aiding the full implementation of the Education Sector Plan. The objective is to use a pilot scale implementation to develop and test a mechanism that will enable the Ministry of Education Youth and Sports and Development Partners to move to full-scale sector- wide approach, leading, ultimately, to a more comprehensive budgetary support. The main component of the programmatic scheme is: The Annual Programme of Work As a tool for realizing the ambitions of the Education Sector Plan, the PoW and, with it, the planning process, is intended to create a more efficient mechanism to channel funds to decentralized structures; to create a favourable environment for MOEYS and its implementing agencies to take direct and full responsibility for the PoW; and generate increased ownership from Development Partners. It is also a mechanism by which deprived areas would be the major beneficiaries of activities under the themes of the PoW. The major participants of the planning process and implementation include the MOEYS, the GES with its Regional and District Education offices, the Faith-based organizations, NGO, Development Partners, and the National Development Planning Commission (the inter-ministerial body responsible for coordinating sectoral plans). C: Development and Innovation in Tertiary Education Component The Teaching and Learning Innovation Fund (TALIF) is a primary mechanism of the Education Sector Project for assisting tertiary institutions to improve their teaching and learning activities. In line with the derived specific objectives of the Fund, this component has further been organized into six sub-components: a) Improving the quality of teaching and learning This sub-component is intended to help improve capacity in knowledge and skills development through a revision of the curricula at program and course levels to reflect changes in technology advances and the evolving requirement of the labour market. b) Sharpening and relevance and skills content of polytechnic education This sub-component is structured to make teaching staff aware of the changing skills expectations of the labour market, while improving opportunities for students to acquire a diversified set of skills that make them better suited for life in their environment. GIMPAI MOEYS Environmental and Social Management Framework, November 2003 5  c) Improving the efficiency with which tertiary institutions manage academic programs. This sub-component will focus on enhancing the capacity of educational and supervisory institutions to manage their human and financial resources more efficiently and effectively. d) Expanding access to strategically important post- graduate programs This sub-component will look at increasing the capacity institutions to absorb the increases demand for enrolment for tertiary education. e) Tackling the problem of HIV/AIDS With the aim of stabilizing and reducing the incidence of HIV/AIDS, this sub-component will focus on increasing awareness through integration into curricular where appropriate and, introducing structures to give support to the HIV/AIDS affected. t) Broadening Access Distance education programme will be used to improve assess to education of people in remote and poorer regions. g) ALIF: Management And Structures TALIF operates in partnership with the National Council of Tertiary Education (NCTE) and participating universities. Management of the Fund's activities will be collaboration between the Campus Proposal Review Committee (CPRC) of participating tertiary institutions on the one hand, and the TALIF unit (TU) within the NCTE on the other hand. 2.2. Project Facilities In order to achieve its objectives, the EdSeP, under the Pilot Programmatic Scheme, would construct about 400 primary schools, including water points and sanitation facilities, and teachers accommodation. The project facilities have been discussed below. 2.3. Primary School Building A Primary School in Ghana usually comprises a 6-classsroom building and an office. Each of the classrooms is built to accommodate about 35 pupils. The dimensions range between 42m2 (7m x 6m) and 56m2 (7m x 8m). Primary schools usually have enough playing ground for games such as football and athletics. 2.4. Water Points The project would support the construction of water points for the 400 primary schools to be built. The water points to be constructed for a given catchment area would depend on the availability of water resource, practical costs and the water quality. The project areas would be predominantly rural and most part of these would not have access to pipeborne water. Among the relatively safe and practical sources of water for such areas without pipeborne water is groundwater. GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 6  Groundwater is mainly the source of drinking water for majority of the communities in the project area visited. The two major forms of groundwater tapping are hand-dug wells and boreholes. Thus for the EdSeP, the water points could be tap (pipebome) water, hand-dug wells or boreholes. It could also be any combination of the above depending on the supply of pipeborne water, quality of groundwater, and groundwater extraction and recharge rates. 2.5. Sanitation Facilities In addition to the water points, sanitation facilities would be provided for the 400 primary schools to be built. The sanitation facilities observed in the beneficiary districts were the Kumasi Ventilated Improved Pit Latrine (KVIP), Aqua Privy, Pour Flash, Water Closet (WC), Pit Latrine, Ventilated and Improved Pit (VIP), Environ Loo among others. KVIP, which is popular for families, would be under a lot pressure if used for major schools. The most recommended sanitation facilities by all the districts visited are Aqua Privy for areas without access to pipeborne water and WCs for areas with access to pipeborne. 2.6. Teachers' Quarters In addition to the water points and sanitation facilities, the project would construct accommodation facility for teachers. GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 7  3. DESCRIPTION OF AREA OF INFLUENCE 3.1. Introduction Under the Pilot Programmatic Scheme (PPS) of the Education Sector Project (EdSeP), the focus of the activities for implementing the Programme of Work 2003-2004 would be 40 districts, selected on the basis of their comparative deprivation. In selecting the 40 districts that qualify under this broad description, the Ministry of Education Youth and Sports obtained information from education statistics provided by the districts. 3.2. Regional Distribution The regional distribution of deprived districts indicates that, with the exception of Greater Accra Region, the rest of the regions have pockets of deprivation that need to be addressed. Statistics indicated that the three regions in northern Ghana have sections of their populace experiencing an intensification of 'vulnerability and exclusion' and that more than 40% of their population live in poverty. In educational terms, the Western Region comes next to the three northern regions in terms of deprivation. See the Regional Boundaries Map of Ghana, Figure 1. The Table 1 below shows the regional distribution as derived from the selection: Table 1: Regional Distribution of Selected Beneficiary District Region Number of Beneficiary Districts Northern 12 Upper East 6 Western 5 Brong Ahafo 4 Upper West 3 Eastern 3 Ashanti 3 Central 2 Volta 2 Greater Accra 0 Total 40 GIMPAI MOEYS Environmental and Social Management Framework, November 2003 8  Figure 1: Map of Ghana GHANA BURKINA FASO gJ Bol an a,JP0r=sEAST . * UPPER WESTAST . t *~~~Wa .* . \ ~~~~~~NORTHERN r 2E * i-i~~~tamale ** . COTE d'IVOIRE WETEN ABRONGTAHAFO AC 0*. /. ,_9 ASHANTI.*| <* * ms* . a* Sekondi-Takoradl * LARGE CITY{ Ei MEDIUM CITY { ~~~~~~Gulf of Guinea O SMuALL CITY l *, TOWN WESTITR G RURAL . GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 9  3.3. Selected Districts The selected districts as per the regional distribution are presented in Table 2 below: Table 2: Selected Districts Region Districts Northern 1. Saboba Chereponi 2. East Gonja 3. East Mamprusi 4. West Gonja 5. West Mamprusi 6. Savelugu Nanton 7. Zabzugu-Tatale 8. Bole 9. Yendi 10. Tolon-Kumbungu 1 1. Nanumba 12.Gushiegu Karaga Upper East 1. Bawku West 2. Bawku East 3. Builsa 4. Kassena Nankani 5. Bongo 6. Bolgatanga Western 1. Juabeso Bia 2. Sefwi-Wiaso 3. Mpohor Wassa East 4. Wassa Amenfi 5. Ahanta West Brong Ahafo 1. Sene 2. Wenchi 3. Atebubu ._______________________________ 4. Kintampo Upper West 1. Nadowli 2. Jirapa-Lambussie 3. Tumu Sissala Eastern 1. Kwahu North 2. Birim North 3. Birim South Ashanti 1. Ejisu-Juaben 2. Sekyere East 3. Offinso Central 1. Gomoa 2. Abura-Asebu- Kwamankese Volta 1. Nkwanta 2. Kete-Krachi Greater Accra GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 10  4. DESCRIPTION OF THE LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK 4.1. Ghana's Environmental Policy Ghana's National Environmental Policy aims at ensuring a sound management of resources and the environment and to avoid any exploitation of these resources in a manner that might cause irreparable damage to the environment. The policy endorses the preventive approach to environmental management and emphasises the need to promote socio-economic development within the context of prescribed acceptable environmental standards and safeguards. In effect, it seeks reconciliation between economic planning and environmental resource development with the view to achieving sustainable national development. The Policy Statement seeks among other things: 1. to ensure environmentally sound use of both renewable and non- renewable resources in the process of national development 2. to develop procedures for the utilization of land resources in a manner that would ensure the maximum degree of economy in the use of land and avoid or minimize conflicts 3. to institute and implement the concept of sustainable development by requiring prior environmental impact assessments of new investments and developments that would be deemed to affect the quality of the environment. 4.1.1. The Need for Environmental Management Environmental consideration is increasingly taking centre-stage in development planning and policy decision-making process at all levels:- individual, national and global. This is due to growing concerns over the damage being caused to the environment by various activities in the country's quest for social progress and economic development. It is now widely accepted that the quality of life is being threatened by the effects of air and water pollution, the destruction of forests, degradation of agricultural lands and uncontrolled exploitation of natural resources. The current destructive paths of development are clearly unsustainable and there is now the need to reverse the trend and preserve the integrity and the natural resource base of the environment, both for the present and future generations, through effective environmental management interventions and strategies. 4.1.2. Environmental Protection Agency The Environment Protection Agency (EPA) was established under Section (1) of the EPA Act, 1994, Act 490. It replaced NRCD 239 of 1974 and SMCD 58 of 1976, which established and managed the earlier Environmental Protection Council (EPC). The role of the Council was advisory in that it, among other things, advised Government on all environmental matters, co- ordinated activities of all bodies concerned with environmental matters and served as a channel of communication between these bodies and Government. The Council did not have the mandate to enforce any of its GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 11  policies under the 1992 constitution of Ghana; chapter six (Directive Principles of State Policy), Article 41 makes it a constitutional duty for the state: a) To take appropriate measures to protect and safeguard the National environment for posterity. b) To co-operate with other state and bodies to protect the wider Global Environment. c) To endeavour to preserve and protect places of historical interest and preserve artefacts In line with these constitutional provisions, the EPA now has regulatory and enforcement power under Act 490. 4.1.3. Environmental Assessment Regulations, 1999, L.I. 1652 Consistent with Section 28 of Act 490, the Parliament of the Republic of Ghana, on 24 June 1999, passed the Environmental Assessment Regulations, 1999, L.I. 1652 to regulate Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) procedures, LI 1652. The EPA has also developed various national environmental quality guidelines, namely: * Effluent Discharge Quality Guidelines, * Ambient Air Quality Guidelines, * Ambient Noise Level Guidelines. The trust of the Agency's overall approach includes compliance promotion to facilitate good environmental practice and to seek co-operation and collaboration from those whose activities could potentially injure the environment. There has and would always be, however, the need for regulatory regime for enforcement action against those who seek to gain through misuse of the environment or who through negligence, ignorance or inadvertence, damage the environment. Hence Part II of the Act mandates Enforcement and Control Powers on the Agency to respond appropriately to activities, which in the opinion of the Agency constitutes a threat to public health. These enforcing measures have included and continue to include measures without the courts, namely: abatement notices, prohibition notices and noise control notices to rectify or avoid a situation of pollution. Measures with the courts include prosecution, civil injunction and recovery of cost. In responding to the present sectoral laws on the environment, the EPA has established the Compliance & Enforcement Network (CEN). The network comprises the Police, the Navy, AMA, Officials of the Attorney General Office, the Standards Board, The Factory Inspectorate Department, Town and Country Planning Department, as well as other Stakeholders. The CEN ostensibly ensures cross-sectoral, inter agency and multi-disciplinary approach to enforcement of Chapter II of the EPA Act. GIMPAI MOEYS Environmental and Social Management Framework, November 2003 12  4.1.4. Environmental Impact Assessment (EIA) in Ghana The fundamental principle underlying Ghana's formal Environmental Impact Assessment (EIA) Procedures is the preventive approach to environmental management in which EIA is applied as a tool, especially at the project-specific level. EA is recognized and applied in Ghana to development projects as well as other undertakings as an environmental permitting pre-requisite and a major environmental management tool. The existing procedures have evolved over time since EA became a requirement in Ghana in 1989, to screen and evaluate all developments, undertakings, projects and programmes, which have the potential to give rise to significant environmental impacts. The procedures establish an EA process of which one principal objective is the requirement to provide enough relevant information to enable the Environmental Protection Agency to set an appropriate level of assessment of any proposed undertaking, investment or programme for the assessment for the necessary review and to facilitate the decision-making process for EA approval. The information may be gathered through an environmental impact assessment study and published in an Environmental Impact Statement (EIS), Preliminary Environmental Report (PER), or by completing an Environmental Assessment Preliminary Registration, Form EAl or EA2, depending on the complexity, nature, and location of the proposed undertaking. EPA is mandated by law to ensure compliance with laid down Environmental Impact Assessment (EIA) procedures in the planning and execution of development projects, including compliance in respect of existing projects. The basic objectives of the EIA system are 1. to integrate environmental management and economic decisions at the earliest stages of planning an undertaking or investment and 2. to provide avenues for the involvement of the public, proponents, private and government agencies in the assessment and review of proposed undertakings, among others It is imperative to mention that, the procedures provide for the registration of proposed developments with the EPA and subsequent screening to determine the level of environmental assessment required for the necessary projects environment authorization or otherwise. The EdSeP, at this stage, has no identified specific sites for implementation of its various components and therefore cannot be strictly assessed under the existing Ghana EIA procedures. A more general approach incorporating an overall assessment of the programme is therefore a Strategic Environmental Assessment. 4.1.5. Strategic Environmental Assessment (SEA) The introduction of SEA extends the aims and principles of EIA upstream to the higher, pre-project level of decision-making. It affords an important new means of analysing and addressing the environmental effects of programmes, policies and plans and other proposed strategic actions. SEA GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 13  represents a proactive approach to integrating environmental considerations into the higher levels of decision-making. Generally, the rationale for introducing SEA as a decision making instrument is threefold: * Incorporating sustainability considerations into policy making * Addressing cumulative and large scale effects * Strengthening and providing direction for individual project level EIA Often, broader, less detailed assessments are required at these levels compared to EIA. Both processes have common elements, but increasing modification to procedure and methodology are necessary when moving from the project to the policy level. A comparison of these and other key characteristics of EIA and SEA are presented in Table 3 below: Table 3: Comparison of EIA with SEA EIA of Individual Projects SEA of Policy, Plans and Programmes Takes place at the end of decision- Takes place at earlier stages of making cycle decision making -cycle Reactive approach to development Pro-active approach to development proposal proposals Identifies specific impacts on the Also identifies environmental issues environment of sustainable development Considers limited number of Considers broad range of potential feasible alternatives alternatives Limited review of cumulative effects Early warning of cumulative effects Emphasis on mitigating and Emphasis on meeting environmental minimizing impacts objectives, maintaining natural systems Narrow Perspective, High level of Broad perspective, lower level of detail detail to provide a vision and overall framework Well-defined process, clear Multistage process, overlapping beginning and end components, policy level is continuing, iterative Focus on standard agenda, treats Focuses on sustainability agenda, symptoms of environmental gets at sources of environmental deterioration deterioration It is site specific It does not have any specific site, but area of influence Source: Environmental Protection Agency SEA provides the avenue for streamlining EIAs of individual projects, making them more consequential and reduces time and cost in their preparation. It also provides simple and practical framework for the preparation of EIAs for individual projects. GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 14  The frameworks for SEA vary sometimes substantially, and indicate the flexible adaptation of SEA to different levels and types of decision-making. As presently institutionalised, SEA is a multi stage process that encompasses a spectrum of approaches and diverse arrangement, procedures and methods. These include EIA-based environmental appraisal and integrated policy and planning systems, and range in emphasis from assessing the impact of implementing a policy or plan to applying SEA iteratively to build environmental aspects throughout the formulation of a proposed approach. Environmental risks and consequences also vary with the level of generality involved in the decision-making. For instance, when moving from policy to individual project stage of the decision cycle, environmental consequence considerations shift from indirect to direct effects. In Ghana SEA has been applied to projects such as the Village Infrastructure Project (VIP), Agricultural Services Sector Improvement Programme (ASSIP) and to the Ghana Poverty Reduction Strategy (GPRS). 4.2. Other Relevant Policies and Laws 4.2.1. Public Health Act Ghana does not as yet have a Public Health Act, however, it does have laws and regulations pertaining to the protection of the environment and health. These laws could be traced from the criminal code, ordinances, legislative and executive instruments, acts, bye-laws of the District Assemblies etc. Some of these laws include: * Law on Statutory Nuisances (Towns Ordinance Cap 86 of 1954), which deals with animals, overgrowth of weeds, overcrowding, waste disposal, street and premise cleansing, trades, vermin, water etc. * Criminal code - Act 29 of 1960 (chapters 8 and 9); * Mosquitoes Ordinance - Cap 75; * Vaccination Ordinance - Cap 76; * The Quarantine Ordinance - Cap 77; * Infectious Disease Ordinance - Cap 78 of 1908 amended in 1924; * Food and Drugs Law of 1992 (PNDCL 305b); * Bye-laws of the various Assemblies (e.g. Local Government Bulletin 1995, of the Accra Metropolitan Assembly); * Model Bye-Laws (by the Ministry of Local Government and Rural development e.g. Control of Restaurants and Eating Houses); * Registration of Birth and Death - Act 301 of 1965; 4.2.2. National Sanitation Policy The National Environmental Sanitation Policy aims at developing and maintaining a clean, safe and pleasant physical environment in all human settlements, to promote the social, economic and physical well-being of all sections of the population. The principal components of environmental sanitation identified in the policy include: GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 15  * Collection and sanitary disposal of wastes, including solid wastes, liquid wastes, excreta, industrial wastes, clinical and other hazardous wastes; * Storm-water drainage; * Cleansing of thoroughfares, markets and other public spaces; * Control of pests and vectors of disease; * Food hygiene; * Environmental sanitation education; * Inspection and enforcement of sanitary regulations; * Disposal of the dead; * Control of rearing and straying of animals; * Monitoring the observance of environmental standards. These services, the policy noted, must be provided reliably and continuously to mitigate the negative effects of social and economic activity in human settlements. The policy also recognises the importance of the legislation, technical and human resource capacities, the roles of various institutions, the community and the private sector in the delivery of sanitation services. The Ministry of Local Government and Rural Development is in the process of consultation to start implementing the policy. The formulation of clearly defined waste management and sanitation policy seeks to achieve the objective of protecting public health and improving the quality of life. The benefits of such policies are fully realised when all sectors of the economy are fully served with appropriate sanitation facilities. Once all sectors of the population are served with basic level of sanitation, incremental improvements can be made, as economic development provides funding and/or as public perceptions change. 4.2.3. Draft Water Policy Ghana does not have an overall comprehensive water resources management policy in the form of strategies, national water master plans, mechanisms for inter-sectoral co-ordination, conflict resolution nor until recently, for tariff setting. This is not to suggest that there are no existing policies or regulations governing the entire water sector. Regulation of water use such as abstraction, and pollution control is fragmented among a number of agencies Currently, a draft water policy has been prepared and being discussed The objectives of the policy include:- * Invitation of private sector operations into the urban water supply system. This will be carried out through the leasing of GWC's facilities. * Development of a legal, business and regulatory framework to give effect to private sector participation. An advisory committee on urban water restructuring has been set up to advise the minister of works and housing on how to involve the private sector; * Making communities the owners and managers of their water and sanitation facilities; GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 16  * Strengthening of the community water and sanitation division of GWSC and eventually making it an autonomous agency to address the water and sanitation needs of the rural population; * Examination of appropriate strategies for ensuring that water service to vulnerable groups, including the urban poor, is affordable; The customary laws and practices cover water conservation, pollution control, protection of catchments and protection of fisheries. These are enforced through various sanctions usually dictated by fetish priests and priestesses. The laws are appropriate for small communities where traditional authority is strong but will not be applicable in urbanized settlements. Though the customary practices cannot be applied in urbanized communities, the discretion should be left to District Assemblies who will be required to enact bye-laws to regulate water use, to use such customary laws and practices as they consider appropriate at the local (farmer or fisherman) level. 4.2.4. Forest Policy The Forest Policy of Ghana has been enunciated in very broad general terms. The policy among others advocates the following: management and conservation of Ghana's permanent estate of forest and wildlife resources; for sustainable production of domestic and commercial produce and conservation of biological diversity and the environment; * development of viable forest and wildlife based industries for fuller utilisation of forest and wildlife resources; * promotion of sustainable forestry and wildlife management among local people to ensure conservation of life sustaining systems, maintenance of positive cultural traditions, preservation of scenic areas and enhancement of recreational tourists and income generating opportunities particularly in the rural areas; * promotion of adaptive research and technological advancement in the management, utilisation and development of forest and wildlife to ensure harmonisation of sustainable development with conservation values of resources; * development of effective capability at national, regional and district levels for sustainable management of forest and wildlife resources. A sound forest policy needs to be backed up by a strong legislative framework. Ghana's forest laws may be grouped into three categories: Reservation Laws, Forest Resource Protection Laws, and Timber Trade Laws. These laws have evolved over the years more or less since the beginning of this century. Over the years, most of these laws have been revised. 4.2.5. Planning Policies The Town and Country Planning Ordinance 1951 (Cap 84) is the principal legislation in force regulating the general planning and development of human settlements. Its principal object was: "the orderly and progressive development of land, town and other areas whether urban or rural for conserving and developing resources and to preserve and improve GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 17  amenities thereof'. The Towns Ordinance, Cap 86 (1951) was also passed for the more efficient regulating of towns and promoting public health. Ghana is operating a new decentralised development planning system. The system is part of a wider public administration reform, which was instituted to improve the effectiveness of national institutions, administration, environment and development. The four underlying laws that give effect to the reforms and establishes the new decentralised planning system are:- * The Civil Service law, PNDCL 327 of 1993. * The Local Government Act 462 of 1993. * The National Development Planning Commission Act 479 of 1994. * The National Development Planning (Systems) Act 480 of 1994. The new planning system establishes an institutional and administrative framework for providing and effecting national development, taking comprehensive account of socio-economic development in order to attain functional efficiency and environmental harmony. The current management of physical growth of urban areas is carried out through a system of: * landuse planning and management that provides a zoning framework to guide physical development; * detail technical examination and guidance of individual physical developments to conform to the provisions of approved landuse plans and building regulations; * delivery of basic settlement infrastructure and services by various agencies of central and local government. 4.3. World Bank's Operational and Safeguard Policies The operations of the World Bank are guided by a comprehensive set of policies and procedures, dealing with the Bank's core development objectives and goals, the instruments for pursuing them, and specific requirements for Bank financed operations. The core of this guidance lies in the Operational Policies (OPs) which are short, focused statements that follow from the Bank's Articles of Agreement, its general conditions, and from policies specifically approved by the Board. Other parts of the Manual address procedures, good practice and advise on implementation of policies. Within the overall set of Operational Policies, Bank management has identified ten key policies that are critical to ensuring that potentially adverse environmental and social consequences are identified, minimized, and mitigated. These ten are known as the "Safeguard Policies" and receive particular attention during the project preparation and approval process. These policies are: 1. Environmental Assessment (EA) 2. Natural Habitats 3. Forestry 4. Pest Management 5. Cultural Property 6. Indigenous Peoples 7. Involuntary Resettlement GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 18  8. Safety of Dams 9. Projects involving International Waters 1O.Projects in Disputed Areas The objectives of these policies are outlined below: 4.3.1. Environmental Assessment Policy (Operational Policy: OP 4.01) The objectives of this policy are: * To ensure that projects proposed for bank financing are environmentally and socially sound and sustainable * To inform decision makers of the nature of environmental and social risks and * To increase transparency and participation of decision makers in the decision-making process 4.3.2. Natural Habitats Policy (Operational Policy: OP 4.04) The objectives of this policy are: * Safeguard natural habitats and their biodiversity * Endure sustainability of services and products, which natural habitats provide to human society * Bank does not finance projects that convert critical natural habitats * If significant conversion or degradation of a non-critical natural habitat, must show there are no feasible alternatives and include mitigation measures, e.g., establishing or strengthening an ecologically similar area. 4.3.3. Cultural Property Policy The objectives of this policy are: * to ensure that physical cultural resources are identified and protected in World Bank projects * to ensure that National Laws governing the protection of physical cultural property are complied with The policy covers archaeological and historical sites, historic urban areas, sacred sites, graveyards and burials. It is implemented as an element of the Environmental Assessment. Consultations have been held to have this policy note converted into an Operational Policy. 4.3.4. Forestry Policy (Operational Policy: OP 4.36) The objectives of this policy are: * Forests are managed in a sustainable manner * Significant areas of forest are not encroached upon * The rights of communities to use their traditional forest areas in a sustainable manner are not compromised GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 19  4.3.5. Pest Management Policy (Operational Policy: OP 4.09) The objectives of this policy are: * Ensure pest management activities follow an Integrated Pest Management (IPM) approach * Minimise environmental and health hazards due to pesticide use * Develop national capacity to implement IPM and to regulate and monitor the distribution and use of pesticides 4.3.6. Safety of Dams Policy The main objective of this policy is: * to ensure due consideration is given to the safety of dams in projects involving construction of new dams, or that may be affected by the safety or performance of an existing dam or dams under construction Important considerations under this policy are * Dam Height * Reservoir Capacity 4.3.7. Involuntary Resettlement Policy: (Operational Policy OP 4.12) The objectives of this policy are: * To avoid or minimise involuntary resettlement and related disruption * To provide transparent compensation procedures for the involuntary acquisition of land * To assist the affected persons in their efforts to improve their standards of living of at least to restore them This policy is implemented through a Resettlement Action Plan (RAP) 4.3.8. Indigenous Peoples Policy: (Operational Policy OP 4.20) The objectives of this policy are ensure that indigenous peoples: * Are afforded respect for their dignity and cultural uniqueness in the development process * Do not suffer adverse effects * Receive culturally-compatible social and economic benefits * Benefit from prior consultation and informed participation This policy is implemented through an Indigenous Peoples Development Plan (IPDP). 4.3.9. International Waterways Policy: (Operational Policy OP 7.50) The main objective of this policy is: * To ensure project will neither affect the efficient utilisation and protection of international waterways, nor adversely affect relations between the Bank and its Borrowers and between riparian states GIMPA/ MOEYS Environmental and Social AManagement Framework, November 2003 20  4.3.10. Projects in Disputed Areas Policy: (Operational Policy OP 7.60) The main objective of this policy is to ensure any territorial dispute affecting a project is identified at he earliest possible stage so as: * Not to affect relations between the Bank and its member countries * Not to affect relations between the Borrower and neighbouring countries * Not to prejudice the position of either the Bank or the countries concerned 4.3.11. Operational Procedures The World Bank requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making. EA is a process whose breadth and type of analysis depend on the nature, scale, and potential environmental impact of the proposed project. EA evaluates a project's potential environmental risks and impacts in its area of influence; examines project alternatives; identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation. The Bank favours preventive measures over mitigatory or compensatory measures, whenever feasible. EA takes into account the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and cultural property); and transboundary and global environmental aspects. EA considers natural and social aspects in an integrated way. It also takes into account the variations in project and country conditions; the findings of country environmental studies; national environmental action plans; the country's overall policy framework, national legislation, and institutional capabilities related to the environment and social aspects; and obligations of the country, pertaining to project activities, under relevant international environmental treaties and agreements. The Bank does not finance project activities that would contravene such country obligations, as identified during the EA. EA is initiated as early as possible in project processing and is integrated closely with the economic, financial, institutional, social, and technical analyses of a proposed project. The borrower is responsible for carrying out the EA. For Category A projects, the borrower retains independent EA experts not affiliated with the project to carry out the EA. For Category A projects that are highly risky or contentious or that involve serious and multidimensional environmental concerns, the borrower should normally also engage an advisory panel of independent, internationally recognized environmental specialists to advise on all aspects of the project relevant to the EA. The role of the advisory panel depends on the degree to which project preparation has progressed, and on the extent and quality of any EA work completed, at the time the Bank begins to consider the project. GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 21  The Bank advises the borrower on the Bank's EA requirements. The Bank reviews the findings and recommendations of the EA to determine whether they provide an adequate basis for processing the project for Bank financing. When the borrower has completed or partially completed EA work prior to the Bank's involvement in a project, the Bank reviews the EA to ensure its consistency with this policy. The Bank may, if appropriate, require additional EA work, including public consultation and disclosure. The Pollution Prevention and Abatement Handbook describes pollution prevention and abatement measures and emission levels that are normally acceptable to the Bank. However, taking into account borrower country legislation and local conditions, the EA may recommend alternative emission levels and approaches to pollution prevention and abatement for the project. The EA report must provide full and detailed justification for the levels and approaches chosen for the particular project or site. 4.3.12. Environmental Assessment (EA) Instruments Depending on the project, a range of instruments can be used to satisfy the Bank's EA requirement: environmental impact assessment (EIA), regional or sectoral EA, environmental audit, hazard or risk assessment, and environmental management plan (EMP). EA applies one or more of these instruments, or elements of them, as appropriate. When the project is likely to have sectoral or regional impacts, sectoral or regional EA is required. 4.3.13. Environmental Assessment: Roles of Bank and Borrower The Bank screens and sets EA Category, advises borrower on the Bank's EA requirements, reviews and determines if EA provides adequate basis for processing project for Bank financing and makes report available in Infoshop. The Borrower is responsible for carrying out EA, consulting project-affected groups and local NGOs, and providing information in timely manner prior to consultation in a form and language understandable and accessible to to groups being consulted. 4.3.14. Environmental Screening The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA. The Bank classifies the proposed project into one of four categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. 4.3.14.1. Category A A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. EA for a Category A project examines the project's potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the "without project" situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental GIMPAI/ MOEYS Environmental and Social Management Framework, November 2003 22  performance. For a Category A project, the borrower is responsible for preparing a report, normally an EIA (or a suitably comprehensive regional or sectoral EA) that includes, as necessary, elements of the other instruments. 4.3.14.2. Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas-including wetlands, forests, grasslands, and other natural habitats-are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects. The scope of EA for a Category B project may vary from project to project, but it is narrower than that of Category A EA. Like Category A EA, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document) 4.3.14.3. Category C A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. 4.3.14.4. Category FI A proposed project is classified as Category Fl if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts. 4.3.14.5. EA Requirements The EA requires: 1. Description of proposed project 2. Analysis of alternatives 3. Baseline data 4. Analysis of potential impacts 5. Environmental Management Plan comprising * Mitigation Measures * Monitoring Activities * Budget and Schedule for Mitigation and Monitoring * Institutional Strengthening Measures 6. Information on Consultation Process 4.3.14.6. Strategic Environmental and Social Assessment This is an emerging tool in the World Bank. Its objective is to upstream environmental and social issues into development planning, decision-making and implementation processes at the strategic level. It offers: GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 23  * Early Identification of Issues * Evaluation of Alternatives * Assessment of Cumulative Impacts * Assessment of Risks Examples of projects conducted are: * Locust Control in Africa and West Asia * Drainage Sector in Pakistan 4.3.15. EA for Special Project Types 4.3.15.1. Sector Investment Lending For Sector Investment Loans (SILs), during the preparation of each proposed subproject, the project coordinating entity or implementing institution carries out appropriate EA according to country requirements and the requirements of this policy. The Bank appraises and, if necessary, includes in the SIL components to strengthen, the capabilities of the coordinating entity or the implementing institution to (a) screen subprojects, (b) obtain the necessary expertise to carry out EA, (c) review all findings and results of EA for individual subprojects, (d) ensure implementation of mitigation measures (including, where applicable, an EMP), and (e) monitor environmental conditions during project implementation. If the Bank is not satisfied that adequate capacity exists for carrying out EA, all Category A subprojects and, as appropriate, Category B subprojects-including any EA reports-are subject to prior review and approval by the Bank. 4.3.15.2. Sector Adjustment Lending Sector Adjustment Loans (SECALs) are subject to the requirements of this policy. EA for a SECAL assesses the potential environmental impacts of planned policy, institutional, and regulatory actions under the loan. 4.3.15.3. Financial Intermediary Lending For a Financial Intermediary (FI) operation, the Bank requires that each FI screen proposed subprojects and ensure that subborrowers carry out appropriate EA for each subproject. Before approving a subproject, the Fl verifies (through its own staff, outside experts, or existing environmental institutions) that the subproject meets the environmental requirements of appropriate national and local authorities and is consistent with this OP and other applicable environmental policies of the Bank. In appraising a proposed Fl operation, the Bank reviews the adequacy of country environmental requirements relevant to the project and the proposed EA arrangements for subprojects, including the mechanisms and responsibilities for environmental screening and review of EA results. When necessary, the Bank ensures that the project includes components to strengthen such EA arrangements. For Fl operations expected to have Category A subprojects, prior to the Bank's appraisal each identified participating Fl provides to the GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 24  Bank a written assessment of the institutional mechanisms (including, as necessary, identification of measures to strengthen capacity) for its subproject EA work. If the Bank is not satisfied that adequate capacity exists for carrying out EA, all Category A subprojects and, as appropriate, Category B subprojects-including EA reports-are subject to prior review and approval by the Bank. 4.3.15.4. Emergency Recovery Projects The policy set out in OP 4.01 normally applies to emergency recovery projects processed under OP 8.50, Emergency Recovery Assistance. However, when compliance with any requirement of this policy would prevent the effective and timely achievement of the objectives of an emergency recovery project, the Bank may exempt the project from such a requirement. The justification for any such exemption is recorded in the loan documents. In all cases, however, the Bank requires at a minimum that (a) the extent to which the emergency was precipitated or exacerbated by inappropriate environmental practices be determined as part of the preparation of such projects, and (b) any necessary corrective measures be built into either the emergency project or a future lending operation. The Africa Region requires an environmental assessment within six months of project effectiveness. 4.3.16. Institutional Capacity When the borrower has inadequate legal or technical capacity to carry out key EA-related functions (such as review of EA, environmental monitoring, inspections, or management of mitigatory measures) for a proposed project, the project includes components to strengthen that capacity. 4.3.17. Public Consultation For all Category A and B projects proposed for IBRD or IDA financing, during the EA process, the borrower consults project-affected groups and local nongovernmental organizations (NGOs) about the project's environmental and social aspects and takes their views into account. The borrower initiates such consultations as early as possible. For Category A projects, the borrower consults these groups at least twice: (a) shortly after environmental screening and before the terms of reference for the EA are finalized; and (b) once a draft EA report is prepared. In addition, the borrower consults with such groups throughout project implementation as necessary to address EA-related issues that affect them. 4.3.18. Disclosure For meaningful consultations between the borrower and project-affected groups and local NGOs on all Category A and B projects proposed for IBRD or IDA financing, the borrower provides relevant material in a timely manner prior to consultation and in a form and language that are understandable and accessible to the groups being consulted. For a Category A project, the borrower provides for the initial consultation a summary of the proposed project's objectives, description, and potential impacts; for consultation after the draft EA report is prepared, the borrower provides a summary of the EA's conclusions. In addition, for a Category A GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 25  project, the borrower makes the draft EA report available at a public place accessible to project-affected groups and local NGOs. For SILs and Fl operations, the borrower/FI ensures that EA reports for Category A subprojects are made available in a public place accessible to affected groups and local NGOs. Any separate Category B report for a project proposed for IDA financing is made available to project-affected groups and local NGOs. Public availability in the borrowing country and official receipt by the Bank of Category A reports for projects proposed for IBRD or IDA financing, and of any Category B EA report for projects proposed for IDA funding, are prerequisites to Bank appraisal of these projects. Once the borrower officially transmits the Category A EA report to the Bank, the Bank distributes the summary (in English) to the executive directors (EDs) and makes the report available through its InfoShop. Once the borrower officially transmits any separate Category B EA report to the Bank, the Bank makes it available through its InfoShop. If the borrower objects to the Bank's releasing an EA report through the World Bank InfoShop, Bank staff (a) do not continue processing an IDA project, or (b) for an IBRD project, submit the issue of further processing to the EDs. 4.3.19. Implementation During project implementation, the borrower reports on (a) compliance with measures agreed with the Bank on the basis of the findings and results of the EA, including implementation of any EMP, as set out in the project documents; (b) the status of mitigatory measures; and (c) the findings of monitoring programs. The Bank bases supervision of the project's environmental aspects on the findings and recommendations of the EA, including measures set out in the legal agreements, any EMP, and other project documents. 4.4. Review Ghana's Environmental Policies and World Bank's Recommendations Generally, the environmental policies and objectives of these policies of Ghana and the World Bank are practically the same and towards the same purposes. The following points, with regards to the above captioned, have been observed: * The World Bank's area of influence is global and transcending borders where as the EPA's influence is of national scope. It must be mentioned however that the EPA cooperates with its counterparts in neighbouring countries. * The World Bank operates on a Lender-Borrower relationship whilst the EPA functions on Authority-Developer relationship. In both cases the developers and borrowers are held to account with regards to safeguarding the environment and human settlement. The roles of the Lender and Authority on one side and those of the Borrower and Developer on another are on the same lines. GIMPA/ MOEYS Environmental and Social Management Framework, November 2003 26  * Both the World Bank and EPA play advisory roles, ensuring that governments and developers make informed choices * It must be pointed out that all but two of the ten safeguard policies of the Word Bank have been captured and elaborated on extensively in the National Environmental Policy and in the Ghana Environmental Action Plan. However Indigenous Peoples and Safety of Dams have not been highlighted. * The Environmental Assessment screening and requirements of both the World Bank and EPA are carried out as per similar categories. It is important to note that the categories correspond to each other, e.g. a. World Bank's Category C corresponds to EPA's Registration Assessment by filling the FORM EA1 b. World Bank's Category B corresponds to EPA's Preliminary Environmental Assessment c. World Bank's Category A corresponds to EPA's full Environmental Impact Assessment d. World Bank's Strategic Environmental and Social Assessment corresponds to EPA's Strategic Environmental Assessment * With regards to consultations, the EPA has better opportunities to reach and crosscheck with grass roots levels than the World Bank. 4.4.1. Summary with regards to EdSeP's Categorisation The EdSeP, as it can be observed from the previous epigraph, is what the World Bank considers as Strategic Environmental and Social Assessment, which is the same as EPA's Strategic Environmental Assessment at the decision-making and strategic level. On individual project level, it is of World Bank's Category B. 4.5. Conventions and Protocols Ghana has been an active participant at the international level in the negotiation of various treaties on the environment. The following are list of some of the major international conventions and treaties in which Ghana participated and has ratified: * International Plant Protection Convention. (6.12.1951) * Convention on the High Seas. (29.4.1958) * Convention on the Continental Shelf. (29.4.1958) * Convention on Fishing and conservation of the Living Resources of the High Seas. * Convention on African Migratory Locust (23.5.1962) * Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water (5.8 1963) * International Convention for the Conservation of Atlantic Tunas. (14.5.1966) GIMPAI MOEYS Environmental and Social Management Framework, November 2003 27  * Treaty on Principles Governing Activities of States in the Exploration and Use of Outer space including the Noon and other Celestial Bodies. (27.1.1962) c International Convention Relating to Intervention on the High Seas in Cases of oil Pollution Causalities. (29.11.1969 * Convention of Wetlands of Wetlands of International Importance Especially as Waterfowl Habitat. (2.2 1971) * Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (10.4.1972) * Convention Concerning the Protection of the World Cultural and Natural Heritage (23.11.1972) * International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (as amended) (18.12. 1971) * Convention on International Trade in Endangered Spices of Wild Fauna and Flora. * Vienna Convention for the Protection of the Ozone Layer, (22.3.1985) * Montreal Protocol on Substances that Deplete the Ozone Layer. (16.9.87) * Convention on the Conservation of Migratory Species of Wild Animals. (1.4.1988)