! I E1 329 l THE UNITED REPUBLIC OF TANZANIA MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS TANZANIA ACCOUNTABILITY, TRANSPARENCY AND INTEGRITY PROJECT Environmental & Social Management Framework (ESMF) for the Infrastructure Development Programme Final Report _ SAMAKI CONSULTANTS Octaher 2()f)5 _ _ I F;Ly COaDn' I TABLE OF CONTENTS TABLE OF CONTENTS ......................................................................... ii LIST OF ACRONYMS ......................................................................... iii ACKNOWLEGMENT ......................................................................... iv EXECUTIVE SUMMARY ..........................................................................v CHAPTER 1: INTRODUCTION ..........................................................................1 CHAPTER 2: PROJECT DESCRIPTION ..........................................................................2 CHAPTER 3: OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) ..........................................................................9 CHAPTER 4: METHODOLOGY USED TO PREPARE THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) ................................................................. 10 CHAPTER 5: OVERVIEW OF TANZANIA'S ENVIRONMENTAL POLICIES, LAWS, PROCEDURES, REGULATORY AND ADMINISTRATIVE FRAMEWORKS ......... 12 CHAPTER 6: OVERVIEW OF THE WORLD BANK'S TEN SAFEGUARD POLICIES ................. 19 CHAPTER 7: ENVIRONMENTAL AND SOCIAL IMPACTS DUE TO INFRASTRUCTURE INVESTMENTS ......................................................................... 22 CHAPTER 8: THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS ......................... 26 CHAPTER 9: ENVIRONMENTAL MANAGEMENT PLAN (EMP) FOR THE ENTIRE PROJECT 38 CHAPTER 10: RECOMMENDATIONS ......................................................................... 40 CHAPTER 11: LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED ........................................ 42 REFERENCES .......................................................................... 45 ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM [SAMPLE] ............................ 46 ANNEX 2: ENVIRONMENTAL AND SOCIAL CHECK LIST ......................................................... 51 ANNEX 2 (A) ENVIRONMENTAL AND SOCIAL CHECK LIST .................................................... 51 ANNEX 2 (B): ENVIRONMENTAL GUIDELINES FOR CONTRACTORS .............................. 50 ANNEX 3: PROCEDURES FOR THE CONSTRUCTION/REHABILITATION OF INFRASTRUCTURE INVESTMENTS REQUIRING ENVIRONMENTAL WORK ........ 55 ANNEX 4: SUMMARY OF WORLD BANK SAFEGUARD POLICIES ........................................... 57 ANNEX 5: SUMMARY ENVIRONMENTAL MITIGATION PLAN (EMP) FOR THE INFRASTRUCTURE DEVELOPMENT PROGRAM; ATIP .......................................... 60 ANNEX 6: INSTITUTIONAL STRUCTURE OF PROJECT BENEFICIARY INSTITUTIONS ........ 62 ANNEX 7: DETAILED ATIP PROJECT DESCRIPTION AND TOR .............................................. 64 ii LIST OF ACRONYMS AGC Attorney General Chambers ATIP Accountability, Transparency and Integrity Project DEC District Environmental Committees DPs Development Partners EIA Environmental Impact Assessment EMA Environmental Management Act EMO Environmental Management Officer EMP Environmental Management Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework GOT Government of Tanzania LGA Local Government Authority LGRP Local Government Reform programme and the LGSP Local Government Support Programme LSRP Legal Sector Reform programme MDAs Ministries, Departments and Agencies MJCA Ministry of Justice and Constitutional Affairs NEP National Environmental Policy NFGG National Framework on Good Governance NSGRP National Strategy For Growth and Reduction of Poverty PFMRP Public Financial Management Reform Programme PO-PSM President's Office - Public Service Management PSRP Public Service Reform Programme RAP Resettlement Action Plan REME Regional Environmental Management Expert RPF Resettlement Policy Framework SEA Strategic Environmental Assessment SEC Sector Environment Coordinator TASAF (11) Tanzania Social Action Fund (11) TRC Technical Review Committee VPO Vice President's Office WB World Bank . . ACKNOWLEGMENT This Environmental and Social Management Framework (ESMF) report was produced for the Ministry of Justice and Constitution Affairs, the Judiciary and President Office - Public Service Management. A team of consultants participated in the preparation of this framework document under the auspices of SAMAKI CONSULTANTS Ltd: Ms. Saada K. Juma (Team Leader) and Mr. Bashiru Abdul both from AGENDA for Environment and Responsible Development', and Dr. Mathew Richmond of Samaki Consultants Ltd2. Acknowledged are the contributions from several government officials especially from Ms. C. Mdundo and Mr. D. Jairo from the MJCA and Mr A. Mwangwale and Mr. A. Mhina from PO-PSM. This document is a product of a broad range of stakeholders that were consulted. Special thanks goes to the Dodoma High Court Center Judge-in-Charge, Hon. Judge S.S. Kaijage; the, Judge-in-Charge Mbeya High Court Center, Hon Judge J.M. Mackanja, Senior Deputy Registrar Court of Appeal of Tanzania, Ms. S. Wambura; Registrar High Court of Tanzania, Mr. A. A. Shayo and the Directors of District and Primary Courts. Further, invaluable cooperation and assistance are acknowledged for the District Registrars and Resident Magistrates-in-Charge as well as various District and Primary Court Magistrates and Registry Assistants and District/Municipal Council officials of Dodoma, Mwanza and Mbeya. Further more special thanks go to government officials from various MDAs in Dar es Salaam (Ministry of Lands, DOE, NEMC, TBA etc) who were met during field visits conducted in August and September 2005. Their inputs have been extensively used in the preparation of this ESMF. Acknowledgement is also given to participants of the review meeting held on 04th October 2005 at the MJCA who provided valuable contribution to this final version of the document. i'A GENDA, Tanzanian Bureau of Standards Complex (Ubungo area) P. O Box 77266 Dar es Salaam, Tel. 22 24502I3,Cell. 0744291997 Fax 25522 2450836, E-mail- cngendaguho coot- 2 Samaki Consultants Ltd, Mwaya Street, Msasani P.O. Box 77143, Dar es Salaam, Mobile. + 255 748 740254 (office); 744 807931 (person), Tel/Fax: + 255 (0) 22 2137277 (office); Email: stirntaki-inloaa;hlotnzatl.com iv EXECUTIVE SUMMARY In order to meet the objectives of the National Strategy for Growth and Reduction of Poverty (NSGRP) 2005 - 2010 for improved public service delivery and good governance, and in order to support the implementation of Tanzania's Strategic Framework for Good Governance (NFGG) as well as on-going reforms in public administration and services, the Government of Tanzania and the World Bank, in collaboration with other Development Partners are preparing a credit - the Accountability, Transparency and Integrity Project (ATIP) with a view of promoting good governance in the country. The ATIP credit will support four components designed to strengthen the legal and judicial system, public oversight and watchdog institutions and to enhance public financial accountability and program management and coordination. The overall objective of the ATIP is to improve outcomes and impacts of development programs on the poor by enhancing the quality of governance. On the overall ATIP is designed to provide to different institutions implementing the NFGG, technical assistance and other capacity building measures to improve their performance. Much of this support will be in the form of consultancies, training, dissemination of information and materials, drafting new laws and procedures, equipment, furniture, vehicles, as well as a fund to support different demand -driven interventions and some infrastructure development. The infrastructure development sub-component of ATIP will fund civil works construction costs of completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new buildings for selected high priority Judiciary courts including Primary Courts; District Courts; Resident Magistrates' Courts, High Court Centers and the Court of Appeal. The project will also fund construction of completely new buildings for the Ministry of Justice and Constitutional Affairs (MJCA) headquarters and the Law School and construction of a new National Records Center for the Records and Archive Division, PO - Public Service Management (PO-PSM). Consequently, much of the infrastructure will be those under the Judiciary. To ensure that these future infrastructure development interventions are implemented in an environmentally and socially sustainable manner, ATIP has preparad an environmental and social screening process - an Environmental and Social Management Framework (ESMF) that will allow implementers - MJCA, PO-PSM and the Judiciary to identify and mitigate potential negative environmental and social impacts during the planning stage for the construction of the buildings. This ESMF presents definitive, conclusive and clear procedures consistent with the laws in Tanzania and the World Bank's safeguard policies. The ESMF outlines an environmental and social screening process which will enable the Judiciary, MJCA and PO-PSM to identify potential environmental and social impacts of construction and operation of the buildings and support structures and to address them by incorporating the relevant mitigation measures into the designs of the projects before they are implemented. v The main feature of this mechanism requires MJCA, PO-PSM and the Judiciary to designate Sector Environment Coordinators who after training (and with assistance from District/Municipal Environmental Management Officers and NEMC) will screen the infrastructure projects at the preparation stage using the environmental and social screening form in Annex 1 and the environmental and social checklist in Annex 2 to identify and mitigate potential adverse effects/impacts. The subsequent environmental and social assessment work - if required - will be carried out based on the screening results and related recommendations. It is envisaged that the anticipated impacts from development of the buildings sub- projects to be funded by the ATIP will be short-term, site specific, confined and reversible and can be managed through the application of the mitigation and monitoring measures. Thus, a process of environmental and social screening and assessment using simple methods (checklists) and procedures (existing structures at MJCA, PO- PSM and the Judiciary) rather than more complex ElAs are recommended for this ESMF. The qualified Sector Environment Coordinators assisted by the construction consulting firm (e.g. Tanzania Building Agency) qualified in environmental and social planning and management will incorporate the identified mitigation plans/measures into the building designs and project proposals. The respective District/Municipal Environmental Management Officers and NEMC would review the design and project proposals for compliance with the results and recommendations from the environmental and social screening process and would recommend approval to the MJCA, PO-PSM and the Judiciary, subject to the environmental and social conditions these institutions must adhere to in the detailed planning, construction and operation of the investment. The District/Municipal Environmental Management Officers or NEMC may reject the infrastructure project proposals based on non-compliance with the environmental and social screening process, and the implementers in that case would have to re-screen and re-design their buildings and auxiliary structures and re-submit them for a second review. Thus, in terms of institutional arrangements, the project implementers - MJCA, PO-PSM and the Judiciary - will be responsible for overseeing the screening, preparation and implementation of individual building mitigation measures; and where applicable preparation of resettlement action plans and implementation of agreed mitigation measures according to the plans. The Sector Environment Coordinators will monitor and supervise compliance with requirements of this ESMF and report progress back to the Project Coordination Unit (PCU) at the MJCA and to the National Environment Management Council (NEMC). NEMC supported by the ATIP PCU will perform an enforcement monitoring role for the overall ATIP based on submissions and recommendations from the District/Municipal Environmental Management Officers and by the Sector Environment Coordinators (who would perform a self monitoring role). The ESMF assesses the capacity at the MJCA, the Records and Archive Division, PO - Public Service Management and at different levels of the Judiciary to implement the proposed screening process and mitigation measures. These institutions had had no previous experience with management of environmental issues related to construction/ civil works. Furthermore, the national legal framework for environmental management in Tanzania that spells out the roles and responsibilities of different government Ministries, Departments and Agencies (MDA) and other stakeholders is new: National Environmental Management Act enacted in 2004, came into force July 2005 and regulations to operationalize it are currently under preparation. Thus, the MJCA, PO- VI PSM and Judiciary lack both the capacity to support and supervise construction work of the proposed buildings and to implement the required environmental and social screening process described above and in the monitoring of the mitigation measures. The ESMF makes recommendations as appropriate, including training needs and cost estimates. It recommends building capacity at all levels through the provision of training to staff and decision makers who will be designated the role of planning, reviewing and implementing, and monitoring the construction of the different buildings and their auxiliary structures. The role of the NEMC in the context of ATIP has been clarified to be one of providing technical assistance and as facilitator for the training program. In parallel to this ESMF, a Resettlement Policy Framework (RPF) has been prepared. This document outlines the principles and procedures to be followed in the event that the construction of completely new buildings leads to land acquisition and/or the loss of livelihoods, and therefore will be used in conjunction with the ESMF as required. Both documents will be available in Kiswahili and will be disclosed to the public prior to the appraisal of the ATIP The ESMF includes a summary of the Environmental Management Plan (EMP) under Annex 5 in order to facilitate the implementation of the ATIP infrastructure development programme. This summary EMP, is based on information pertaining to the environmental and social management of infrastructure projects provided in this ESMF, particularly capacity building for environmental management of the relevant staff within the MJCA, PO-PSM and the Judiciary. It clearly indicates the institutional responsibilities with regard to implementing mitigation measures, monitoring of the implementation of these mitigation measures and related cost estimates and time horizons. vii CHAPTER 1 INTRODUCTION The National Strategy for Growth and Reduction of Poverty (NSGRP) 2005 - 2010 sets out the government's goals, targets and strategies for national development. The NSGRP recognizes governance issues as one of the key factors that impacts often negatively on both income and non-income poverty because bad governance costs productive time and resources in terms of time lost in pursuing denied or delayed justice. To that effect the NSGRP identifies "Good Governance and Accountability" as a major cluster of poverty reduction outcomes and sets out goals and action to address governance issues. The focus on good governance centers on effective public administration. In this context,. NSGRP framework for implementation envisages to support the on-going interventions particularly the National Framework on Good Governance, and the more specific on-going reforms including Public Service Reform Programme (PSRP), Public Financial Management Reform Programme (PFMRP), Local Government Reform programme (LGRP) and the Legal Sector Reform programme (LSRP) as measures aimed at contributing, among other things, towards improved public service delivery and good governance outcomes. In order to meet the above objectives of the NSGRP and to support the implementation of Tanzania's Strategic Framework for Good Governance (NFGG) as well as on-going reforms in public administration, the Government of Tanzania and the World Bank, in collaboration with other Development Partners are preparing a credit - the Accountability, Transparency and Integrity Project (ATIP) that will strengthen accountability, transparency and integrity with a view of promoting good governance in the country. The overall objective of the ATIP is to improve outcomes and impacts of development programs on the poor by enhancing the quality of governance. It is intended that the objective will be pursued, inter alia, through strengthening the legal and judicial system, public oversight and watchdog institutions and enhancing public financial accountability and program management and coordination with a view of promoting good governance in the country. The IDA credit will support these four components and will seek to complement other Development Partner's programs/ projects in these areas. Specifically, under the component for strengthening the legal and judicial system, ATIP will fund construction of completely new buildings for the Ministry of Justice and Constitutional Affairs (MJCA), the Law School and the National Records Center for the President's Office - Public Service Management (PO-PSM). The project will also fund construction of different courts for the Judiciary involving completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new buildings. The exact locations for construction of many of the new buildings particularly for the Judiciary are not known at this time. Thus to enable the Judiciary, MJCA, PO-PSM to identify and assess the potential environmental and social impacts of the infrastructure projects during the planning stage, an Environmental and Social Management Framework (EMSF) has been prepared for their use. They will apply the EMSF in conjunction with the Resettlement Policy Framework (RPF) which is designed to address 1 social issues related to land acquisition. The RPF has been prepared as a separate document; it outlines the principles and procedures to be followed in the event that any of the infrastructure projects involves land acquisition. CHAPTER 2 PROJECT DESCRIPTION Overall ATIP Components The project is expected to have the following four components: (i) strengthening the legal and judicial systems; (ii) enhancing public financial accountability; (iii) strengthening oversight and watchdog institutions (OWls), particularly, supporting the drive to combat corruption; and (iv) improving coordination, management and monitoring and evaluation (M&E) of Government's programs aimed at enhancing transparency and integrity for greater accountability. Thus, the project will have four main components based on - and named according to these four result areas. Details of the individual components are fully described in annex 7. ATIP is designed to provide to different institutions implementing the strategic framework for good governance, technical assistance and other capacity building measures to improve their performance. Much of this support will be in the form of consultancies, training, dissemination of information and materials, drafting new laws and procedures, equipment, furniture, vehicles, as well as a fund to support different demand -driven interventions and some infrastructure development. Of relevancy to this EMSF are the infrastructure development interventions for the Judiciary and Ministry of Justice and Constitutional Affairs (MJCA under the component for strengthening the legal and judicial systems and construction of the National Records Center for PO - Public Service Management (PO-PSM) under component two. Much of the buildings supported under ATIP will be those of the Judiciary. Infrastructure Development Interventions Under ATIP The Judiciary The Judiciary is presently operating (about 90%) in buildings owned by other government departments mostly in local government buildings, while others operate from private houses, or in houses belonging to other institutions etc. Furthermore, different courts are housed within one building whereby at one High Court Zone Center you find the high court, court of appeal, RM court, and the urban district court. There are several new districts that do not have any court buildings and operate from old districts; or situations where the court building is located in a remote area with no supporting facilities. This means quite a big number of new structures will need to be constructed. These have been accorded 1st priority. Administratively, the Judiciary operates at various levels: central, zonal, regional, and district and ward level whereby each level has courts designed to handle particular types of cases. Thus, ranking of construction/rehabilitation measures for courts in the different Regions in mainland Tanzania was undertaken based on several criteria (i.e. condition of existing court buildings, remoteness of location of court buildings, ownership of 2 buildings housing the courts, number of court cases/rate of crime in a locality and cost of construction/rehabilitation) and prioritization has been assigned accordingly to enable phased implementation. With adoption of an up-scaling strategy, ultimately the project will cover the whole country. At the moment support is likely to cover construction/rehabilitation of selected high priority courts. According to the project feasibility study3, the Judiciary structures will be completely new buildings; extension and rehabilitation of existing building; and demolition of existing building and construction of new court buildings. CompletelV new buildings Under the first phase the following completely new Judiciary buildings will be constructed: 1. Court of Appeal: two winged building with one wing four storey block and second wing six-storey block to accommodate all offices of court of Appeal and chambers of Chief Justice and chambers of Judges of Court of Appeal. Estimated to cost Tsh. 4,233 mill. 2. High Court Centers: centers with more than 1,400 filed cases per year were categorized as 15 priority. The high court centers in 13 regions which require new buildings are i) Dar es Salaam, ii) Morogoro, iii) Kibaha, iv) Lindi, v) Mtwara, vi) Singida, vii) Shinyanga, viii) Dodoma, ix) Manyara, x) Kigoma, xi) Musoma, xii) Tabora and xiii) Moshi. Each center will be a three-storey block, costing Tsh. 1,812 mill. 3. Resident Magistrate (RM) Courts: the most, active resident Magistrate courts categorized as 15t priority are: i) Dar es Salaam, ii) Arusha, iii) Mwanza, iv) Moshi, v) Bukoba, vi) Mbeya, vii) Tanga, viii) Tabora, ix) Shinyanga, x) Musoma, xi) Morogoro, xii) Dodoma. The plan is to have one court per Region. Each RM Court will be a double storey building estimated to cost Tsh. 914 mill. 4. District Courts: one to two courts per District categorized as lt priority i.e. the most active areas. Each court will be a single storey building for areas with moderate court activities or a double storey building for areas with extensive court activities (see the table 1 below). Estimated cost for each court is Tsh. 250 mill. 5. Primary Courts: Urban primary courts with extensive activities will have double storey building (1,800 m2) and those with less activities will have single storey building (900 mi2). For rural areas each court will have a building of about 205 m2. Estimated cost for each court is between Tsh. 45 -75 mill. Demolition, extension and rehabilitation of existing building This ESMF is prepared to guide the project implementers on how to deal with activities of the project that may cause environmental and social impacts. Infrastructure development activities of relevancy to this ESMF are those likely to trigger safeguard policies specifically those involving construction of completely new buildings i.e. require land acquisition and construction on new sites. These have been summarized in the table 1 below. However, similar impacts could be expected from the other civil works involving demolition, extension and rehabilitation of existing buildings. In situation where the building could no longer continue to function as a court or the size is inadequate, the building will either be demolished and a completely new building erected or extensive rehabilitation will be undertaken. In such cases the Judiciary can make use of the M/s Habconsult Architects and Planner, September 2004. Technical Assistance Consultancy Services for the Feasibility Study and Pre-Contract Services for the Judiciary Infrastructure. Final Report. 3 recommendations and mitigation checklists outlined in this ESMF to deal with impacts from the rehabilitation and extension works. MJCA The MJCA is currently located within a building along the Kivukoni Front Dar es Salaam which it shares with the Ministry of Foreign Affairs and International Relations. The building is old (1957), has been designated as a Monument under the Conservator of the National Museum. The feasibility study found out that the existing office space is not sufficient to accommodate the entire Ministry requirements and that it was not technically feasible to extend the existing building to meet these requirements. The study highly recommended the construction of a completely new building for the MJCA. The building will be a three storey block (3784 m2), located in Dar es Salaam and estimated to cost Tsh. 2.5 bill. Law School This will constitute several buildings, located in Dar es Salaam, all estimated to cost US$ 7,583,226. National Records Center Division of Records and Archives Management of PO-Public Service Management currently operates a temporary Record Centre in Dar es Salaam. In line with on-going decongestion and sorting of records of the Ministries, Departments and Agencies (MDAs), the government is planning to construct a new National Records Center in Dodoma in order to deal with semi-current records of the URT and provide ready access to the records. The building will be a double storey storage block estimated to cost Tsh. 2.5 bill. Table 1: Summary of New Infrastructure Under the ATIP Beneficiary New structure Number, cost and feature of Location Institution structures Ministry of Justice MJCA - 1 Dar es Salaam and Constitutional headquarters - Three storey block (3784 m2) Affair - Cost - Tsh. 2.5 bill. Law School - Several buildings Dar es Salaam - US$ 7,583,226 PO - Public Service National Records - Double storey storage block Dodoma Management Center - Tsh. 2.5 bill. Judiciary Court of Appeal - 1 Dar es Salaam - Cost = Tsh. 4,233 mill - Three storey block (for Chambers for Chief Justice and Judges of Court of Appeal High Court Centers - 13 Dar es Salaam, Morogoro, Kibaha, - Three storey block Lindi, Mtwara, Singida, Shinyanga, - Cost of each = Tsh. 1,812 mill Dodoma, Manyara, Kigoma, Musoma, Tabora & Moshi * - Rehabilitation Mbeya and Songea RM's Courts - 1 per Region; Dar es Salaam, Arusha, Mwanza, - Double storey building Moshi, Bukoba, Mbeya, Tanga, - Cost of each = Tsh. 914 mill Tabora, Shinyanga, Musoma, Morogoro, Dodoma.** 4 District Courts T 1 - 2 per District; Ilala, Temeke, iKinondoni, Kibaha, - Cost of each = Tsh. 250 mill. Bagamoyo, Kilombero, Kilosa, Single storey building (areas Rombo, Hai, Mwanga, Same, with moderate court activities) Tanga, Mheza, Lushoto, Dodoma, and double storey building Arusha, Tarime, Serengeti, (areas with extensive court Bunda, Sengerema, Geita, activities) Mwanza, Tabora, Nzega, Igunga, Babati, Morogoro Mjini, & Mfundi.*** Primary Courts - 1 per Division; All Divisions*** - Cost of each = Tsh. 45 -75 mill. 205 m2 building for rural court; single storey building (900 m2) for urban courts with moderate activities; double storey building (1,800 m2) for urban courts with extensive activities **$1t priority = centers with more than 1,400 filed cases per year. 1St priority = RMs courts in the most active areas s'*1St priority = The most active District courts which qualify for double storey building l't priority = all primary courts in the District headquarters Key Aspects in the Infrastructure Development Land acquisition processes Presently, the three beneficiary institutions are at different levels in the process of acquiring land for construction of the proposed buildings. MJCA and PO-PSM The MJCA has been allocated plots within the city of Dar es Salaam by the Ministry of Works for construction of the new MJCA headquarter and the Law School. MJCA has submitted applications to the Ministry of Lands and Human Settlements Development for changes in land use/rights of occupancy from previous planned use/ownership. Following procedures prescribed by the Land Acquisition Act 1967, the MJCA will subsequently be offered a "Letter of Allocation" which is the usual official document that bestows rights of occupancy to government-owned buildings instead of a Title Deed. Similarly the PO-PSM through its Division of Records and Archives Management has been allocated a plot by the Capital Development Authority (CDA) for construction of the new National Records Centre within the Dodoma Municipality. CDA possess an overall Statutory Right of Occupancy and holds a Title Deed with 99 years of Tenure that cover over 30 km radius from the Dodoma Municipal center. Subsequently, CDA will issue a Sub-Title Deed to the PO-PSM. Judiciarv The Judiciary has been allocated a plot within the city of Dar es Salaam by the Ministry of Works for construction of the new Court of Appeal. Presently, courts are regarded as government buildings thus the Judiciary is in the processes of obtaining the Letter of Allocation from the Ministry of Lands and Human Settlements Development. As stated above, the Judiciary is presently operafing mostly in buildings owned by other government departments or by private individuals and institutions. In other cases different courts are housed within one building. In areas visited - zonal, RMs, district, and primary courts, the Judiciary does not own land for construction of new courts and 5 previous allocations from Land Offices were not considered/pursued. Thus following a directive by the Chief Justice, Judiciary officials are now in the process of identifying suitable land and/or submitting applications and following-up for allocation of land/plots at the relevant District/Municipal/ Land Offices or Ward/Village Governments. Key issues for consideration in acquiring land for ATIP sub-projects. It is envisaged that the land acquisition will follow the normal procedure stipulated by the land acts and regulation detailed on page 14 -15 of this ESMF as well as processes required by the respective Local Government Councils for land acquisition by the government for construction of public buildings. Resettlement and compensation could be issues in urban areas for construction of urban district and primary courts, RM courts and high court centers. Should the acquired land involve compensation of previous occupiers or users, then the procedures of identification of affected people, valuation of land and any improvements on the land and compensation of the same will follows the provisions of the land acts and World Bank Policy as elaborated in the RPF. The government, through the MJCA will be responsible for compensating the affected people. Although plots already allocated (to MJCA for its headquarter building and Law school; to Judiciary for the Court of Appeal and to PO-PSM for the National Records Centers) did not involve resettlement/compensation of previous owners/users, in the implementation of this ESMF, it is important for the two Ministries and the Judiciary to review the processes that were followed in acquiring the plots in order to ensure that the process followed adhered to the Tanzania land laws detailed on page 14 -15 of this ESMF, WB safeguard policies, as well as the principles and procedures detailed under the RPF in the event that the construction of the new building leads to unforeseen loss of livelihoods and other impacts spelled out in the frameworks. As reiterated above, the exact locations for construction of many of the new court buildings are not known at this time. The ATIP should strive to ensure that its infrastructure projects are not built in or near sensitive natural habitats or protected areas or cultural properties and sites. Court houses that are to be demolished and new ones constructed or courts to be rehabilitated/extended are already located in urban and rural settings in or near all sorts of neighborhood. It is therefore most likely that these may impact or be impacted by existing neighboring facilities and activities. In this regard, appropriate mitigation measures (as detailed in the ESMF, Annex 2 and 3) should be carried out to off-set or eliminate any such adverse impacts. Designs for Proposed Buildings Designs for most of the proposed buildings and standard court models have already been prepared to meet the needs of the users (see table 1 above). In order to meet the requirements and recommendations of this ESMF, these designs will need to be screened and reviewed (following the steps detailed under chapter 8) by the project implementing institutions with support from the architecture firms commissioned to make the designs, consulting firms (TBA) and the National Environment Management Council as necessary. Procurement of Contractors 6 Procurement of Contractors shall be in accordance with the Government of Tanzania Public Procurement Act of 2004 and World Bank Guidelines i.e. through competitive tendering (except in a few isolated cases where limited or sole source procedure may be inevitable. In the case of Primary Courts, Community Procurement arrangements will be followed in the construction of primary courts following similar procedures used by TASAF and health reform programmes in the construction of scattered education and health centers in rural areas. Implementation of civil works There are no specialized units within the central ministries (MJCA and PO-PSM) that are responsible for management and supervision of construction work for the MJCA hq, Law School , or National Records Center. Similarly, the Judiciary lack supportive administrative/management arrangements at all levels for implementation of the civil works (i.e. for Court of Appeal, High Courts Centers, RMs' Courts, District Courts, and Primary Courts). Thus, the implementing institutions will need to delegate some of the tasks and responsibilities to the relevant national agencies and the private sector. Implementation of civil works will be undertaken by Contractors and this is envisaged to follow three concepts ® Small contractors for primary courts due to the scattered nature of the sites; (D Medium scale contractors for District and RM courts; ( Big contractors for High Courts, Court of Appeal, MJCA headquarter, Law School and National Records Center. Supervision of works contracts shall be entirely undertaken by consulting firms. Current government policy on construction and maintenance of public buildings vests this responsibility to an autonomous government agency - the Tanzania Building Agency (TBA). Already the MJCA and the Judiciary have established link with the TBA to assist in the overall planning, evaluation and monitoring of Contracts/Consultancy services. However, the Agency is newly formed, and consulted officials within the MJCA, PO-PSM and the Judiciary are of the opinion that the TBA has inadequate capacity and is yet to expand to regions and local government levels. Even with delegation of tasks to the other agencies/consulting firms/contractors the MJCA, PO-PSM and Judiciary will need to set up estate desks/units and further capacity that extends to zonal/regional levels for liaison with Contractors, TBA, Local Governments and to undertake overall supervision, inspection and monitoring. During consultations with the beneficiary institutions the following were pointed out as person/offices who would be assigned with such tasks: Infrastructure Responsible person/offices MJCA headquarter and Law School Director of Administration and Personnel l _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - (D A P ); National Records Center Director of Records and Archives Court of Appeal Registrar Court of Appeal4 In the Judiciary, the Registrar Court of Appeal has the overall responsibility in the management of the project. However, she/he delegates certain responsibilities at the level of implementation, to various relevant officers 7 High Court Zonal Centers District Registrar Resident Magistrate Court Resident Magistrate- in-Charge District Court District Magistrate- in-Charge Primary Court District Magistrate- in-Charge 8 CHAPTER 3 OBJECTIVES OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) The ESMF is an environmental and social screening tool to be used by the MJCA, PO- PSM and the Judiciary at all levels during the planning stage of the building sub-projects. The main objective is to assist implementers of infrastructure development components of the ATIP in identifying the potential environmental and social impacts of their infrastructure projects - both negative and positive - and propose mitigation measures which will effectively address these impacts. Other specific objectives are: (D to inform the project implementers and other stakeholders of the relevant policies, legal and institutional frameworks and issues relevant to the management of environmental and social aspects of the infrastructure projects; ci to inform different stakeholders on their roles and how they can participate; (D to highlight provisions for training of existing staff of implementing institutions to strengthen their environmental management capacity. Should the environmental and social screening results indicate that any of the planned building sub-projects will lead to land acquisition or loss of livelihoods, the implementing institutions will apply the principles and procedures for compensation outlined in the Resettlement Policy Framework (RPF) which will be used in conjunction with this ESMF 9 CHAPTER 4 METHODOLOGY USED TO PREPARE THE ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) The preparation of this ESMF document was based on two main approaches, a comprehensive a review of the relevant literature and a thorough process of consultations with Dar es Salaam stakeholders and those from three sample sites across the country. Literature review This involved review of project appraisal documents; feasibility studies and designs of the proposed rehabilitation/construction structures etc. The aim was to obtain background information on project justification and objectives; project description and activities - nature and extent of the infrastructure investment; all locations that the project will impact, coverage and prioritization; and institutional arrangements. Tanzania environmental and land policy,.and legal requirements and administrative arrangements relevant to the infrastructure investments under the ATIP project were reviewed and have been incorporation into the ESMF. World Bank Safeguards Policies were reviewed and four of these namely Environmental Assessment OP 4.01, Involuntary Resettlement OP 4.12, Natural Habitats OP 4.04 and Cultural Property (OP 4. 11) have been identified as likely to be triggered as a result of future infrastructure investments under the ATIP. Existing frameworks including the Tanzania Social Action Fund (TASAF II), and the Local Government Support Programme (LGSP) etc. were reviewed for key lessons on environmental and social impacts and mitigation of infrastructure development projects. Assessment of the existing environmental and social setups Key parameters assessed include general bio-physical characteristic, socio-economic characteristics including different categories of people likely to be impacted by the project, other resettlement parameters, etc. Information was obtained from the interviews, review of existing literature and observation during visits to existing courts and the site earmarked for the National Records Center at in the Dodoma Municipality. Stakeholders Consultations Comprehensive consultation with stakeholders was conducted at various levels, mainly through interviews of key informants within the legal and environment sectors. This involved discussions with government officials at national offices in Dar es Salaam. Field visits were undertaken to selected urban and rural local authorities and courts in order to obtain a broader perspective. Four regions, namely Dar es Salaam, Dodoma, Mbeya and Mwanza were chosen because: ( they are among the regions categorized as Priority one for development of Judiciary infrastructure; ( within these regions different kinds of infrastructure infrastructure projects of ATIP will be located; and 10 ) they represent the different ecological zones across the country (i.e. Lake Zone, Central Zone, Southern Highlands and Coastal Zone). At the four regions, visits to existing High Court Zonal Centers, Resident Magistrate Courts, Municipal/District Councils, District Courts and Primary Courts were undertaken. During the visits discussions were held with representatives of the Judiciary, Executive Directors and staff of various sectors at the Municipal/District Councils e.g. Planning, Environment, Land, etc. and some members of the community. Open-ended questionnaires and focus group discussions were the main tools used in the consultations. In response to interview questions, officials provided the following information: ( Procedures and guidelines for project implementers on how to conduct environmental and social impact assessments were not available in any of the cases. Mainly because of ignorance on environmental management matters and institutional responsibilities and compliance requirements (the newly Environmental Management Act, No 20, 2004 has just came enforce in 15t July 2005). ( Procedures on how to address issues of land acquisition, compensation and resettlement were available (Land Acts) and ardently implementation in all cases. Difficulties encountered in implementing these guidelines were primarily due to a lack of resources (high compensation costs) and unwillingness on the part of people to relinquish their land. (3 In terms of institutional arrangement, roles and responsibilities for implementing this ESMF the existing structure at MJCA, PO- PSM and the Judiciary could suffice, but capacity building is significantly needed as well as establishing links with the national (NEMC, DOE) and local agencies vested with responsibility for environment management. (D Although all the project implementers had carried out compensation associated with other previous projects; none had ever carried out EIA on their projects nor had any of their Staff members have been involved in ElAs or received EIA training. The above information clearly indicates a need for awareness raising, availing of information, relevant acts, regulations and EIA guidelines and building EIA capacity at the MJCA, PO-PSM and the Judiciary. 11 CHAPTER 5 OVERVIEW OF TANZANIA'S ENVIRONMENTAL POLICIES, LAWS, PROCEDURES, REGULATORY AND ADMINISTRATIVE FRAMEWORKS The project is set within the context of a range of local and national environmental and social management policies, and legal support. These are the important factors that will provide an enabling environment so that the safeguards that will be put in place by the MJCA, PO-PSM and the Judiciary to offset the environmental and social impacts of the infrastructure projects can really work. Tanzania has a good policy, legal and institutional framework for management of environment and social issues enshrined in the National Constitution, National Environment Management Policy and National Environmental Management Act, the Land Policy and Land Acts as well as supporting local laws and bye-laws. Tanzania is also a signatory to and has ratified all major international conventions. A few policies and laws that are relevant to the environmental and social management of the ATIP infrastructure development component are presented below. Environmental and Social Management Policies National Environmental Policy (NEP, 1997), National Environment Action Plan (NEAP, 1994) and National Conservation Strategy (NCSSD, 1995). National and Local Agenda 21. The NEP is a unifying natural resources and environmental management policy developed in order to engage the contradictions, minimize sectoral conflicts and overlap of activities. National institutions - MJCA, PO-PSM and the Judiciary are required by the NEP to develop lists of priority environmental concerns in their sectors/areas and draw plans for dealing with them. With regard to environmental safeguards for new investments, The NEP, and NEAP, and NCSSD emphasize "EIA as a planning tool to be used to integrate environmental considerations in the decision - making process in order to ensure un-necessary damage to the environment is avoided". The policy and plans stipulates the establishment of legal regime requiring EIA to be mandatory to all development projects including projects such as ATIP initiated by government MDAs. Since 1992, there has been adoption of various programmes, projects and activities at the local level aimed at general environmental management or specific environmental and conservation aspects aimed at implementing the Tanzania plan of action for the Rio Declaration and Agenda 21. In response, the Judiciary for example established environmental committees at various levels. These will provide a pool of experience to draw upon in the implementation of the ATIP subproject. National Land Policy (1996) The National Land policy provides guidance and directives on land ownership and tenure rights and taking of land and other land based assets. The policy stipulates organization and procedures for valuing assets and delivery of compensation. The overall aim is to promote and ensure a secure land tenure system in Tanzania that protects the rights in land for all its citizen. The following are the basic land policy tenets: 12 3 All land in Tanzania is public land vested in the President as trustee on behalf of all citizen 3 Land has value a The rights and interest of citizens in land shall not be taken without due process of law ® Full, fair and prompt compensation shall be paid when land is acquired. Other Natural Resources and Social Management Policies These include policies for water (2000), agriculture (1997), forestry and beekeeping (1998), wildlife (1998), fisheries (1997), and women and gender (2000) etc. These policies provide guidance on access to the resources, and sustainable utilization and management of the resources. Most have specific policy statements that advocates for environmental management and conservation. Support and directives on such issues as tree planting and greening of an area, soil and water conservation are of relevance to the ATIP project. Environmental and Social Management Laws Constitution of the United Republic of Tanzania of 1977 (As amended) Although the Constitution of Tanzania has no express provision on environmental rights, it have clauses for the protection of natural resources including land and other state properties. Article 27 (1) of the Constitution stipulates that: "Every person has the duty to protect the natural resource of the United Republic, the property of the state authority, all the property collectively owned by the people, and also to respect another person's property." The provision on the protection of natural resource can be extended to cover the environment. The Constitution also provides for the protection of the rights and interest of citizens in matters concerning their property and acquisition. Under article 24 (1), every person is entitled to own property, and has a right to the protection of his property held in accordance with the law. Sub-article (2) prescribes that it is unlawful for any person to be deprived of property for any purposes without the authority of law, which makes provision for fair and adequate compensation. Environmental Management Act (EMA), 2004 The EMA requires the NEMC/District Environmental officers to screen projects for potential environmental and social impacts, and to set the required environmental work. Developer is required to carry out environmental impact assessment of the proposed project and commit measures and resources for mitigating and monitoring potential impacts of the project. ATIP will seek the involvement of the NEMC at all stages of planning and operating the proposed buildings. EIA Regulations These are currently under preparation by the Vice President's Office. National Land Act (No. 4 of 1999), Village Land Act (No.5 of 1999), Land Regulations 2001 Subsidiary Legislation, Land Acquisition Act (1967), Land Ordinance (1923 Cap. 113) and Town and Country Planning Ordinance (1956 Cap. 378). Land tenure and ownershiD in Tanzania is governed by these statutes as well as the 1977 Constitution of the United Republic of Tanzania, Land in Tanzania is owned by the state. Public land in Tanzania is either general land or village land or reserved land. 13 Socio-economic activities are permitted on general/village land and not permitted or restricted in land reserved for national parks, protected areas and wildlife/forest reserves. Thus buildings supported by ATIP will be constructed on general or village land. In respect of public land, Tanzania has a dual system of land tenure: customary and statutory rights of occupancy. Tenure rights to land can be held by individuals and by communities. Holdings of individuals can be (i) by leasehold right of occupancy for varying periods e.g. 33, 66, or 99 years which must be confirmed by a certificate of occupancy; (ii) by customary rights of occupancy that must be confirmed by a certificate of Customary Right of Occupancy (Hati ya Ardhi ya Mila) and have no term limit. Communities (Villages) are allowed to hold land and to manage it, although they do not formally own the land. Mechanisms for land tenure of relevancy to the ATIP project are that: approved land use plan or layout and cadastral survey plan form the basis for plot allocations to individual land owners. Individuals are given letters of offer (title) which state the size of plot, use/development conditions, payable land rent, duration of ownership and other covenants. The plot owners are required by law to prepare building plans according to uses/development conditions in the letter of offer and obtain a building permit from the local authority. A change of land use requires application of that change of use to local authorities and later on to be approved by the Minister responsible for Lands. Land acquisition for development of public infrastructure Mechanisms for land tenure described above for plot allocations to individual land owners also apply to allocation to government MDAs intending to construct public buildings: i.e. requirements for approved land use plan, cadastral survey plan, application of change of use, building plans and building permit. Except that government institutions are given a Letter of Allocation instead of a letter of offer (title) and presently the government is exempted from paying of land rent. In cases where the government fails to obtain land through the usual allocation procedures, the Land Acquisition Act No 47, 1967 gives power to the President to acquire "Land" from private occupants where such land is required for any public purpose. This Act under section 4 (1) provides that land shall be deemed to be required for a public purpose where it is required, among others for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services or housing. The ATIP project fall under this category. The Land Acquisition Act further empowers authorized Government officials (which is applicable to MJCA, PO-PSM and the Judiciary) to investigate the land in any locality for its possible acquisition for any public purpose. The authorized person is allowed to enter upon and survey and take levels of any land in such locality; to do all other acts necessary to ascertain whether the land is adapted for such purpose; and to clear, set out and mark the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon. Also the Act provides how compensation should be assessed to compensate those whose interest on land has been acquired and direct the Government to pay for all 14 damage done in consequence of the exercise. In the case of a dispute as to the amount to be paid, either the Minister or the person claiming compensation may refer such dispute to the Regional Commissioner for the region in which the land is situated and the decision of the Regional Commissioner shall be final. The Minister should give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same. The Minister may, by notice direct the persons to yield up possession of such land after the expiration of a period of not be less than six weeks from the date of the publication of the notice in the Gazette. Valuation of land and Dronerties and comDensation These are also provided for in the above acts developed over time. Compensation The Government of the United Republic of Tanzania guarantees free enjoyment of any landholder of Right of Occupancy. It is constitutional right in Tanzania that if one's property is either acquired or nationalized, the individual so affected must be compensated for. Any person whose right of occupancy or recognized long-standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under the Land Act or acquired under the Land Acquisition Act is entitled to a full, fair and prompt compensation. The word compensation connotes, paying off the loss suffered or to be suffered by an individual on his property (land) being acquired, such that the affected turns out to be in position as though he/she had not suffered or lost his property. Thus he/she will be compensated for the physical crust (soil) and developments thereon or underneath. Valuation of land and properties The full and fair compensation is only assessed by including all components of land quality. In assessing the value of the unexhausted improvements for compensation purposes, the value should be the price that which the said improvements can fetch if sold in the open market. The compensation should include the following: - (i) Market value of the real property (ii) Disturbance allowance (iii) Transport allowance (iv) Loss of profits or accommodation (v) Cost of acquiring or getting the subject land (vi) Any other immediate costs or capital expenditure incurred to the development of the subject land. Other Natural Resources and Social Management Acts A number of national laws (more than 60 pieces of legislation) have provisions for environmental management and conservation with pieces of legislation requiring for EIA/Environmental Planning for investments that may cause adverse environmental impacts to the resource and mitigation measures for individual affected by development endeavourers. Agriculture and land acts provides for rights of individuals whose property is acquired to be compensated according to the national laws. The Water Utilization and Regulation Act No. 42 of 1974, (Amended by Act No 10 of 1981, Act No 17 of 1989 and Act No 8 of 1997) control the extraction of water for different uses. In order to dam or divert or store or abstract or use water from a water source and put it to beneficial use on or in connection with the land, one has to apply and obtain a water right. 15 Local Government (District Authorities) Act No. 7, 1982 and Local Government (Urban Authorities) Act No. 8, 1982 The Acts stipulate in detail functions of District/Urban councils. Issues of environment are now included as objectives of functions and therefore part of the mandates of local government in their respective areas. District councils are required to take the necessary measures to control soil erosion and desertification; to regulate the use of poisonous and noxious plants, drugs or poison; regulate and control the number of livestock; maintain forests; manage wildlife; ensure public health; provide effective solid and liquid waste management protect open spaces and parks etc. District and Village Councils have powers to make by-laws in matters related to public order and security as well as to sanitation and environment; to regulate forests and forest produce, wildlife, building materials and other natural resources. The councils are given general and wide legislative powers and they can virtually legislate on anything. National EIA Procedures and Guidelines (Draft 1997)5 The EIA process in Tanzania is elaborated in the Draft National EIA procedures and Guidelines prepared in 1997 (reviewed in 2003) by NEMC. The EIA procedure involves the following: * Registration of the proposed project by the Proponent at the NEMC. . Screening of the Project by NEMC i.e. determining the level of environmental assessment that should be carried out. All development projects are subject to environmental screening. The proponent is obliged to complete a Screening Form on which the nature, type and location of the project is described and a preliminary indication of potential socio-economic and biophysical impacts is given. The screening procedure can lead to one of the following decisions: o Environmental Impact Assessment (EIA) is required where the project is known to have significant adverse environmental impacts. o Preliminary Environmental Assessment (PEA) is required where the project may have environmental impacts. o Environmental Impact Assessment (EIA) is not necessary where the project is unlikely to cause environmental impacts. o No further consideration at all for all projects contravening Government policies or other global obligations. In the event of an EIA not being required the proponent is still obliged to describe methods and procedures for proper environmental management (storage of semi- hazardous materials, solid waste disposal, etc). * Conducting an EIA which involves the three main stages of the EIA process namely scoping and preparing terms of reference and preparing an environmental impact statement. * Reviewing the EIA report mainly by a Technical Review Committee established by the NEMC. TRC decides whether the EIA is acceptable or not. * Issuing the relevant permits: if the EIA is approved, the NEMC issues the necessary environmental permit that confirms the EIA has been satisfactorily completed and the project may proceed. 5To be accorded a legal backup by the new Environment Management Act (EMA), 2004 and EIA Regulations now under preparation. 16 * Decision-making: A decision is made by the Sector Ministry as to whether a proposal is approved or not; a record of decision explains how environmental issues were taken into consideration. Monitoring project implementation: The proponent prepares and executes an appropriate monitoring program (i.e. an environmental management program). The conduction of the procedure is monitored at national level by the NEMC. Procedure is yet to be elaborated at DistricVMunicipal level. . Public participation: is required during the scoping stages and while fulfilling the terms of reference for the impact assessment of the EIA process. The proponent is responsible for identifying interested and affected parties and ensuring that all parties concerned are given adequate opportunity to participate in the process. A public information program is initiated, and public notices are issued during the scoping and EIA stages. Whenever a strong public concern over the proposed project is indicated and impacts are extensive and far-reaching, the NEMC is required to organize a public hearing. The results of the public hearing should be taken into account when a decision is taken whether or not a permit is to be issued. In as far as the implementation of the ESMF is concerned the ATIP sub-project proponent (MJCA, PO-PSM and the Judiciary) will have overall responsibility for detailed planning, designing, construction operation and monitoring of the project. Likewise in the management of environmental and social impacts emanating from the project, the Proponent will be fully responsible for identifying the impacts and ensuring appropriate mitigation measures for addressing adverse impacts are included in the designs and operations of the project. This can be achieved by own technical teams or through Contractors and Consultancies from other agencies. It is the responsibility of the Proponent to ensure that the Contractors observe the recommended mitigation measures in the design and construction of the project. Administrative and Institutional Framework for Environmental and Social Management The administrative and institutional arrangement for environmental management in Tanzania relevant to the infrastructure investments under the ATIP project is stipulated in the Environmental Management Act (EMA) No. 20 of 2004. The National Environmental Management Council (NEMC) is a body corporate vested with overall responsibility of undertaking enforcement, compliance, review and monitoring of environmental impact assessment and in this regard facilitates public participation in environmental decision making. NEMC is responsible for screening (allocating the appropriate level of the impact assessment) and reviewing big investments and projects of national significance. NEMC may constitutes multi- disciplinary, multi-sectoral Technical Review Committees to review adequacies of environmental impact statements (incl. Environmental Management Plans/ Environmental Monitoring Plans) and issues recommendations to the government for approval of the project. This procedure will apply to individual ATIP infrastructure projects that after screening will be required to undergo EIA. 17 The Directorate of Environment The office of the Director of Environment is responsible for coordinating, assessing and monitoring the various environmental management activities in the country being undertaken by other agencies also promoting the integration of environmental consideration into development policies, plans, programmes, strategies and projects and undertaking strategic environmental assessment. Based on this role, this EMSF will need to be reviewed by the Director of Environment. The Directorate of Environment is also responsible for issuing approval (EIA Certificates) for development project to proceed. This will apply to individual ATIP infrastructure projects that after screening will be required to undergo EIA. Sector Environment Section NEMA stipulates the formation of Environmental Sections within each Ministry to oversee all environmental matters within the Ministry including supervision and monitoring of implementation of project environment and social management plans; and liaising with the Director of Environment and the NEMC. Each Ministry is required to appoint or designate a Sector Environment Coordinator (SEC) charged with these functions. All the beneficiary institutions of the ATIP infrastructure development component - MJCA/Judiciary and PO-PSM are required under this Act to establish the stipulated Environment Sections and Coordinators to undertake the stated functions. Regional Coordination of Environmental Management The Regional Secretariat is responsible for coordinating environmental management at regional level. An appointed or designated Regional Environmental Management Expert (REME) providing the link with local authorities, the Director of Environment and NEMC. Local Government Authorities (District/City, Municipal, Township, Ward, Village, Mtaa and Kitongoji). 3 Environment Management Officer (EMO) Each level of local council is required under EMA to have an Environment Management Officer to oversee all environmental matters within their geographical jurisdiction. Ward, Village, Mtaa and Kitongoji EMOs functions are coordination of all functions and activities in their area, and the District/City/Municipal/Township EMOs roles include advice, ensuring enforcement and monitoring the preparation, review and approval of environmental impact assessments for local investments and liaising with the Environmental Management Committee, the Director of Environment and the NEMC. 3 Environment Management Committee The roles of the committees include resolving conflicts, monitoring and acting upon any violation of the environment and related acts. In summary the above Tanzania's environmental policies, laws, procedures, regulatory and administrative frameworks and legal requirements are relevant to the infrastructure investments under the ATIP project and are incorporated into this ESMF as appropriate. 18 CHAPTER 6 OVERVIEW OF THE WORLD BANK'S TEN SAFEGUARD POLICIES The World Bank has sector specific components to its overall Safeguard Policy. Environmental Assessment OP 4.01 Forestry (OP 4.36) Natural Habitats OP 4.04 Dams Security (OP 4.37) Pest Management (OP 4.09) Involuntary Resettlement OP 4.12 Indigenous Populations (OP 4.10) Cultural Property (OP 4. 1 1). Projects Implementation on International Waterways (OP 7.50) Projects Located in Contentious Zones (OP 7.60) Disclosure Policy BP 17.50 A summary of the ten safeguard policies is provided under annex four. In light of the type of future infrastructure projects anticipated under the ATIP, the following safeguard issues policies are likely to be triggered as a result of future infrastructure investments. Environmental Assessment (OP 4.01). This policy requires that all Bank-financed operations are screened for potential environmental and social impacts, and that the required environmental work be carried out on the basis of the screening results. Since the exact locations for the new structures are not known prior to appraisal, the Operational Policy 4.01 require the URT to prepare an Environmental and Social Management Framework (EMSF) for screening, monitoring and mitigating potential impacts of civil works under the ATIP. Involuntary Resettlement (OD 4.12). The project may affect some people particularly with respect to land acquisition and/or access denial, restriction or loss of access to economic resources etc. The OD 4.12 requires the elaboration of a Resettlement Process Framework based on participatory processes that establish the resettlement and compensation principles, organizational arrangements and design criteria to be applied to meet the needs of the people who may be affected by the project activities. Natural Habitats (OP 4.04). World Bank funding can not be used for investments impacting critical habitats such as wetlands, forest or wildlife reserves etc. The ATIP will strive to ensure that its infrastructure projects particularly in rural set-ups are not built in or near sensitive natural habitats or protected areas. Because Tanzania is abound with plenty of natural habitats (26% of the country is under reserves) and in certain circumstances it may be extremely necessary that a court is built in/near such habitats and this safeguard may be triggered, then an EIA (Annex 3) should be carried out for appropriate mitigation measures 19 Cultural Property (OPN 11.03). cultural assets may either be close to or within potential sub-project sites. While the ATIP project investments are not expected to affect these negatively, the Department of Antiquities of Ministry of Natural Resources and Tourism has designated several buildings within Dar es Salaam as Monuments under the Conservator of the National Museum. The proximity of the investments to these cultural properties may triggers the Cultural Property safeguard, then an EIA (Annex 3) should be carried out for appropriate mitigation measures. The Government of Tanzania and its funding partner, The World Bank, wish to ensure that the ATIP Project is carried out fully in line with Tanzania's emerging environmental and social policies and legislation and the applicable World Bank Safeguard Policies. Tanzania's EA framework considers the term "environment" in its broadest sense, incorporating natural, human, cultural, historical, aesthetic, economic and social heritage components. The Bank shares the general objective of considering natural and social aspects in an integrated way, and the ESMF and RPF will thus be conducted from this perspective. The World Bank's safeguard policy OP 4.01 Environmental Assessment requires that all Bank-financed operations are screened for potential environmental and social impacts a view shared by the Tanzania National EIA Procedure and Guidelines. Both policies emphasize that the required environmental work be carried out on the basis of the screening results. Thus, the proposed screening process under chapter 8 of this framework will be consistent with the Tanzania legislation and the WB policy on environmental assessment. Although there are no significant discrepancies between WB requirements and Tanzania government's requirements regarding compensation and resettlement of Project Affected People (PAP); the WB Involuntary Resettlement Policy OP 4.12 requires that all projects screened for potential environmental and social impacts be supported/guided by a Resettlement Policy Framework (RPF) that identifies involuntary resettlements under the planned project, identifies impacts i.e. severe economic, social and environmental risks and based on this defines the scope of the resettlement assistant programme (i.e. Resettlement Action Plan, RAP) for affected persons. However, in Tanzania, there are no explicit requirement for a RPF or RAP. As regards compensation the Tanzania laws requires that only the rightful land or property owner (statutory or customary rights of occupancy) should be compensated, while the WB OP 4.12 require that any person (whether is rightful owner or not ) who loose or is denied or restricted access to economic resources - including tenants, encroachers, squatters - should be compensated. In as far as this ESMF and RPF for ATIP infrastructure projects are concerned, the higher of the two policies i.e. the World Bank's safeguard policy will prevail. 20 21 CHAPTER 7 ENVIRONMENTAL AND SOCIAL IMPACTS DUE TO INFRASTRUCTURE INVESTMENTS Although the environmental and social impacts of the future infrastructure projects cannot be identified and assessed at this time, the current status of environment and experience with similar types of investments indicates that the future infrastructure projects are likely to incur environmental and social impacts requiring mitigation. The National Environmental Policy, 1997 describes the current environmental issue and cause for concern for both rural and urban Tanzania. The major challenge for urban areas in is the management of solid and liquid waste - the main problematic areas being unplanned settlements, industrial discharges, and domestic effluent from larger institutions. The main constraint is a lack of proper solid waste disposal facilities and wastewater treatment facilities. Other environmental challenges for urban areas are lack of water supply or chronic shortages of water, and inadequate energy resources. In rural areas the main environmental problems relevant to the ATIP infrastructure development interventions include: G Lack of (safe) water, characterised by chronic shortages in arid areas and degradation of catchments areas and water sources in others. Most households and rural institutions - schools, health centers, primary courts have limited access to clean water for use and adequate sanitation. Water quality is compromised by pollution from chemicals, siltation and contamination from waste and excreta. (X Depletion/degradation of natural resources and biodiversity ( Land degradation due to cultivation, bushfires, and construction works. (D Deforestation due to inadequacy of energy resources especially the high demand from urban centers. ( Natural hazards: drought and desertification, floods, coastal erosion and earth movements. It is within this state of affairs that the proposed infrastructures will be constructed and operated. Potential environmental impacts due to the construction of the buildings and supporting ancillary structures - water supply and sanitation infrastructures may include the following: POTENTIAL ENVIRONMENTAL IMPACTS 1. Loss of vegetation Clearance for construction of the structures will lead to various degrees of loss of vegetation most of which is indigenous. The severity of the impact on vegetation will depend on the size of the building(s), the site and location. In arid areas of central Tanzania, the recovery/ regeneration rate of cleared vegetation could be slow. Concerted efforts and care will be undertaken to avoid loss or Impacts on important biodiversity - flora and fauna. 2. Pollution of land and water resources 22 Waste of various types and quantities - solid and liquid will be generated at most phases of constructing and using the building and auxiliary structures. Possibilities for these wastes polluting the environment will be mainly due to inadequacies in the management of the waste originating from the buildings e.g. collection and disposal of solid waste and domestic waste-water, seepage from septic tanks, blocked sewer systems and from pit latrines. These wastes with organic pollutants may pollute / contaminate land, vegetation, ground and surface water resources. In the process of demolishing old buildings and during construction, improper disposal of soil burden (cleared vegetation and topsoil), and demolished materials may result in increased sediments and siltation of surface water resources and downstream water courses (streams, ponds and rivers) particularly in the rainy season. Similarly, soil erosion from inadequate backfilling and resurfacing, and deposition of fine building materials (sand, silts, clays, cement) may result in pollution of water resources. Large number of labourers on the construction site and wastes they will generate as well as remainder of construction wastes, tools, equipment, and temporary infrastructure may lead to soil and water pollution. 3. Soil erosion This may result from inadequacies in backfilling of construction works and improper drainage of storm water. Erosion along banks of storm water drainage channel may cause siltation of channel and loss of land; and construction on sloping hillsides may lead to landslides and soil erosion. This was seen to be case at recently completed construction sites for urban primary courts in Kongwa and Mwanza districts. Similar impacts are to be anticipated at the locations where borrow pits are either planned or are currently being exploited as sources of construction materials for infrastructure projects. These include pit formation from sand mine and creation of stagnant pools of water in left borrow pits. 4. Unsafe disposal of asbestos: The demolition/rehabilitation of certain court buildings may require the disposal of asbestos (from degraded roofs, etc.). Anarchical rejection of these hazardous waste may cause nuisances on public health if any safe system is not taken for their disposal Proper asbestos disposal will be among the responsibilities of the contractors. Asbestos can be disposed safely in sealed plastic containers to be buried for example in municipal landfills. SOCIAL IMPACTS Negative social impacts Potential negative social impacts are likely to relate to: 1. Possible land acquisition and loss of some livelihoods. The existing land and property owners and/or land users on the selected sites may need to be completely removed to give way to the new infrastructures. The possibilities of this happening are high cognizant of the fact that the project implementing institutions may in some instances, face difficulties in getting land that is free. As stated earlier, the Judiciary for example does not own land and resettlement and compensation could be issues particularly in urban areas. As a result of the project undertakings, in some instances, people living in squatters and encroachers will be moved and will lose land for house, cultivation or small business and other assets. In rural areas losses will include 23 losses of cultivation land, firewood collecting areas, livestock grazing areas, recreation etc. 2. Impact on public health This could be a result of diseases related to poor sanitation which in turn is related to lack of /inadequate water supply and appropriate cleaning materials. Rain-water harvesting seems not to be a consideration at the existing and newly constructed courts. Inadequacies in the management of waste e.g. latrines and septic tanks overflowing, open defecation and flying toilets (there are no latrines on many court premises) may create health risks through people and animals coming in contact with human wastes, and flies and rodents carrying diseases from the latrines and open sewers. 3. Air pollution Dust generated from construction works to nearby houses may cause health impacts related to inhaled dust as well as loss of aesthetic due to dust caking on surfaces of buildings and vegetation. 4. Noise pollution: Noise and disturbance to/and from neighboring areas - roads, schools, hospitals, markets, residential areas etc. Current courts are found located in all sorts of neighborhoods and demolition and construction works may impact these neighboring facilities. 5. Social impacts related to blockage of access These may result from e.g. fencing, traffic disruption during construction etc. 6. Pressures on existing water and other natural resources When water is limited, construction and operation phases may increase water demand and risks of shortages. Positive social impacts The implementation of future infrastructure projects is going to have significant positive impacts given the current status of judiciary infrastructures. For example, in the PRSP/LSRP, project feasibility studies etc. the current status of infrastructures was described as horrendous and in dire need of either rehabilitation or demolition and building new structures. Also the number of available courts as compared to number of people and filled cases is quite disproportionate. The realization of this project objective will thus be a fulfillment of the NSGRP objective which reiterates strengthening of judicial system particularly at the lower/ primary courts in order to improve access, representation and adjudication of cases involving the children, youth, persons with disabilities, older persons and other vulnerable groups. This will require strategic placement of the different infrastructure so that they are easily accessible to such vulnerable groups. For example commuter bus routes and services close to the court center to enhance accessibility; and special requirements for the disabled taken into account during construction and furnishing of the completed infrastructures. The cconstruction of more courts will reduce long distances to court premises in order to improve delivery of justice. Employment opportunities during construction will increase 24 income, skills and knowledge for the local labour force and benefits to local suppliers and producers. In order to cope with the above environmental and social adverse impacts, the environmental and social screening process proposed in the ESMF will be conducted in such a way as to ensure that potential negative impacts are mitigated appropriately. It is recommended that Environmental Guidelines for Contractors (Annex 2B) are used to ensure that the rehabilitation activities are carried out in compliance with the mitigation measures proposed in the ESMF. These guidelines can be written into contractual agreements and form the basis for monitoring compliance. In addition, ESMF would have to mitigate potential health impacts on the surrounding population such as dust, noise, traffic accidents and an increase in water-related diseases due to standing waters in the borrow pits (as prescribed in the Environmental and Social Checklist, (Annex 2A). 25 CHAPTER 8 THE ENVIRONMENTAL AND SOCIAL SCREENING PROCESS The sections below illustrate the steps involved in the environmental and social screening process leading towards review and approval of the infrastructure projects under the ATIP. The purpose of this screening process is to determine whether future infrastructure projects are likely to have potential negative environmental and social impacts; to determine appropriate mitigation measures for activities with adverse impacts; to incorporate mitigation measures into infrastructure project design; to review and approve infrastructure project proposals, and to monitor environmental parameters during infrastructure project implementation. The extent of environmental work that might be required for infrastructure projects prior to construction will depend on the outcome of the screening process described below. ( Step 1: Environmental and social screening of infrastructure projects The initial environmental and social screening will be carried out through the use of the Environmental and Social Screening Form (Annex 1). This form will be completed by a designated qualified officer also to be known as Sector Environment Coordinator (SEC) at the MJCA, PO-PSM (Department of Records and Archives) and at the different levels of the Judiciary (assisted by NEMC or District Environmental Officers as necessary) for the purposes of.identifying the potential environmental and social impacts, determining their significance, assigning the appropriate environmental category, and proposing appropriate environmental mitigation measures, and carrying out an Environmental Impact Assessment (EIA), if necessary. To become qualified for this task, the designated Sector Environment Coordinator at the MJCA, Department of Records and Archives and the different levels of the Judiciary will receive training under the proposed institutional strengthening for environmental management detailed in this ESMF. According to "Tanzania EIA Procedures and Guidelines" the environmental screening procedure can lead to one of the following decisions (see also chapter 5 of this ESMF): o Environmental Impact Assessment (EIA) is required o Preliminary Environmental Assessment (PEA) is required o Environmental Impact Assessment (EIA) is not necessary o No further consideration at all (D Step 2: Assigning the appropriate environmental categories Tanzania's EIA procedures and guidelines are consistent with the environmental screening categories contained in the Bank's safeguard policy OP 4.01 Environmental Assessment. With regard to ATIP, it is likely that most sub-projects will be categorized as "B", meaning that the potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural habitats - are site-specific, few if any of the impacts are irreversible, and they can be mitigated readily. Particular attention should be paid to infrastructure projects of national significance that are to be constructed in main populated urban centers or 26 within/close to ecologically sensitive areas. Thus when a proposed infrastructure project is classified as category "B", the ATIP will provide funds - as required - for the MJCA/ PO- PSM/Judiciary to consult as needed with NEMC/District Environmental Officers as well as affected or interested parties, to hire consultants to carry out environmental work as needed. NEMC/ District Environmental Officer will assist the designated Sector Environment Coordinator at the MJCA/ PO- PSM/Judiciary as necessary. Should any ElAs have to be carried out, these would have to be reviewed and approved by DoE/NEMC and the World Bank. Some infrastructure projects might be categorized as "C" if the environmental and social screening results indicate that the infrastructure projects will have no significant environmental and social impacts and therefore do not require additional environmental work. Thus, if the screening form has ONLY "No" entries, the infrastructure project will not require further environmental work, and the NEMC/District Environmental Officer will recommend approval of this infrastructure project and implementation can proceed immediately. The environmental category " A" (significant, irreversible impacts) not likely to apply to the infrastructure projects to be funded by ATIP. Step 3: Carrying out environmental work After reviewing the results of the environmental and social screening process, NEMC/District Environmental Officer, working with the respective Sector Environment Coordinator at the MJCA/ PO- PSM/Judiciary, will determine the extent of environmental work required, that is, whether (a) the application of mitigation measures outlined in the Environmental and Social Checklist 6 (Annex 2.) will suffice; or (b) a separate Environmental Impact Assessment (EIA) needs to be carried out, using the EIA guidance provided in Annex 3. Environmental Checklist. The Environmental and Social Checklist (Annex 2) will be completed by the designated Sector Environment Coordinator at the MJCA/PO-PSM/ Judiciary with assistance from NEMC/District Environmental Officer as necessary. If there are already existing designs for the infrastructure in question, the designated Sector Environment Coordinator at the MJCA/ PO- PSM/Judiciary, in coordination with NEMC/District Environmental Officer, will assess the designs for impacts on the chosen land site. If the results of assessing the designs indicate potential significant negative impacts, the project implementer - MJCA/ PO- PSM/Judiciary will direct the Consultants/Contractors of the infrastructure to modify the designs to include appropriate mitigation measures. For example, if the environmental screening process identifies potential contamination of ground water sources due to inappropriate waste disposal as the main impact from the constructed building, the mitigation measure would be for the project implementer - MJCA/ PO- PSM/Judiciary to apply for a site from the Land Office, that is far away from the water source so that ground water contamination is not possible and/or incorporate appropriate waste disposal measures into the design such as 6Note: technically, this level of assessment is equivalent to the Preliminary Environmental Assessment (PEA) required by the National EIA guidelines for Category B projects. 27 channeling all waste to a closed system that is periodically emptied and disposed of safely. Depending on the scope of such infrastructure project, a separate EIA might have to be carried out. Throughout this process the designated Sector Environment Coordinator at the MJCA/ PO- PSM/Judiciary would be assisted by NEMC/District Environmental Officer and Contractors. For situations where the environmental and social screening process identifies land acquisition needs that would trigger OP 4.12 Involuntary Resettlement, then the provisions of the Resettlement Policy Framework (RPF) referred to earlier would apply. This would require that the project implementer - MJCA/ PO- PSM/Judiciary apply from the Land Office an alternative land site that does not trigger this policy or, maintain the site that triggers OP 4.12 but prepare a Resettlement Action Plan (RAP) consistent with the afore-mentioned RPF. The RAP will be a separate document and will be disclosed separately after being approved by NEMC and the World Bank. Once the designated Environmental Officer at the MJCA/ PO- PSM/Judiciary is satisfied that the designs/infrastructure project proposals are environmentally and socially compliant, the Officer will then submit the infrastructure project proposal/designs to NEMC/District Environmental Offices as appropriate for review and approval. The infrastructure project documentation must be accompanied by the completed environmental and social screening forms, and where applicable, the RAP. Environmental Impact Assessment. In some cases, the results of the environmental and social screening process may indicate the need to carry out an EIA. In this case, the more complex environmental procedures (from registration, to preparation of EMPs, to issuing of an EIA certificate) as provided for in the National Environmental Management Act, 2004 and National EIA guidelines (NEMC, Draft 2003) will need to be followed. The project implementer, MJCA/ PO- PSM/Judiciary will have to seek and pay for the services for environmental assessment and reviews from Consultants and experts at NEMC / LGA Councils. Such full-fledged EIA requires inputs from teams of specialists/consultants as well as from the District teams and other stakeholders. The steps for carrying out an environmental impact assessment are outlined in Annex 3. * Step 4: Review and approval The NEMC/District Environmental Officer will review the environmental and social screening documentation (i.e. completed environmental and social screening forms; and where applicable, the RAP; the environmental checklists; as well as designs /infrastructure project proposals)7 that were completed in the course of infrastructure project preparation to ensure that all environmental and social impacts have been identified and successfully mitigated. That is, if the screening form has any "Yes" entries, or evidently unjustified "No" entries, the project implementer would need to adequately explain and demonstrate from the design that the issues raised earlier have been addressed appropriately. The reviewers must also ensure that the infrastructure project designs include monitoring and institutional measures to be taken during implementation and operation. If the project implementer has satisfactorily addressed these issues, the 7The contained information can be constituted into a Preliminary Environmental Assessment Report for review by the NEMC TRC. 28 NEMC/District Environmental Officer will then clear the infrastructure project for approval /implementation. For cleared sub projects, the NEMC/District Environmental Officer will give a conditional approval for detailed planning, construction and operation of the investment. These conditions may include, for example, such measures as public involvement, siting or routing restrictions, construction and operation practices, restoration of disturbed areas, the complete implementation of a resettlement action plan and, construction supervision to ensure the approval conditions are being followed. If the NEMC/District Environmental Officer finds that the submitted design is not consistent with the requirements of the environmental screening form and the environmental checklist, then the infrastructure project implementer - MJCA/ PO- PSM/Judiciary, would be requested to re-design (e.g. make additional modifications and/or choose other sites) and .re-screen the project until it is consistent and then re- submit it for review. NEMC/District Environmental Officer will then review again the revised application, if now acceptable, will recommend for consideration for approval/implementation. If it is not acceptable for the second time, it would be referred back to the implementer for more work e.g. carry out an infrastructure project EIA in cases where one was not done before or deny it clearance altogether. Any proposed infrastructure projects that do not comply with the requirements of Tanzania and the World Bank Safeguards policies will not be cleared for approval. A summary of the World Bank's safeguard policies is contained in Annex 4. This process is designed to ensure that the environmental and social assessment process is part of and conducted during the infrastructure project design process thereby ensuring that the infrastructure project activities are environmentally and socially sound and sustainable. (I Step 5: Public consultation and disclosure Public consultations are critical in preparing an effective and sustainable infrastructure project. It is a requirement in the national EIA guidelines during the scoping and review stages. This requirement also supports the participatory planning process that exists in Tanzania at the local level governments when sub projects are being identified as part of the development and implementation of local development plans for the area. Furthermore different stakeholders are expected to be directly involved in the whole ATIP project cycle right from the design, to implementation and monitoring. The first step is to conduct consultations with the local communities and all other interested/affected parties during the screening process and in the course of preparing the EIA. These consultations should identify key issues and determine how the concerns of all parties will be addressed in the terms of reference for the EIA to be carried out for infrastructure projects. To facilitate meaningful consultations, the project implementers MJCA/ PO- PSM/Judiciary will provide all relevant material and information concerning the infrastructure projects in a timely manner prior to the consultation, in a form and language that are understandable and accessible to the groups being consulted. Depending on the public interest in the potential impacts of the sub projects, a public hearing may be requested to better convey concerns. 29 Once the infrastructure project has been reviewed and cleared by NEMC and the respective Environmental Officer at local level government councils, the implementers will inform the public about the results of the review. For all infrastructure projects that will be implemented at the community level - particularly those planned by the Judiciary, the project implementer in collaboration with the Village/Mtaa Governments will be responsible for disclosing the findings and recommendations of the environmental and social screening process to the village assembly and Ward Development Committee (WDC). The project implementer will be responsible for taking the minutes of the public disclosure meeting and will produce and distribute copies of the minutes to offices at the District/Municipal councils, Ward and Village/Mtaa Governments, political parties, NGOs, and other civil societies in the community. A summary of the outcome of this public disclosure meeting will be posted at appropriate places. Any affected or interested individual or group has the right of appeal, if dissatisfied with the decision reached at any stage in the EIA process. The appeals process will be according to the National Environment Management Act, 2004. To ensure that an appropriate public consultation mechanism is developed: i. the environmental and social screening process outlined in the ESMF includes such a requirement; ii. development of individual infrastructure project EMP (if required) and RAP include such a requirement; iii. once the infrastructure project activities have been reviewed and cleared by NEMC/respective councils, the infrastructure project implementers will inform the public about the results of the review. iv. MJCA/ PO- PSM/Judiciary will undertake both compliance monitoring and effects monitoring throughout the infrastructure project cycle. v. The ESMF and RPF will be translated into Kiswahili by the MJCA/ PO- PSM/Judiciary and copies in English and Kiswahili would be available at the following locations: (D Information center of the National Environmental Management Council; (3 Offices of the MJCA/ PO- PSM/Judiciary (I Offices of the District/Municipal Executive Director in respective District/Municipal 0) Offices of the Ward Executive Director (WEO) and Village/Mtaa Executive Officer (VEO) with an infrastructure project under the ATIP ( Infoshop of the World Bank. 3 Step 6: Monitoring and reporting Environmental monitoring needs to be carried out during the construction as well as operation and maintenance of the infrastructure projects in order to measure the success of the mitigation measures implemented earlier. Under ATIP, the responsibilities for monitoring and evaluation of the mitigation measures adopted under the infrastructure projects would be assigned as follows: Infrastructure project implementers at the different levels: Central Ministries/Judiciary, their Zonal/Regional/District Centers - will be responsible for the day to day monitoring and reporting of feedback throughout the life of the infrastructure project, specifically the monitoring of (i) the environmental and social assessment work to be carried out on its behalf by the MJCA/ PO- PSM/Judiciary Designated Sector 30 Environment Coordinator and/or service providers; (ii) overseeing the implementation of the Resettlement Action Plans; (iii) monitoring of environmental issues and the supervision of the civil works contractor during the construction process (iv) monitoring of environmental issues during operations and during maintenance of the infrastructure facility (iv) submission of monitoring reports to District Environmental Offices/NEMC. The monitoring and reporting will be done by the Designated Sector Environment Coordinator who will be trained. He/She shall bear the overall responsibility of supervision of the infrastructure projects and shall report to the Project Coordination Unit (PCU) at the MJCA/ PO- PSM/Judiciary. The District Environmental Officer will undertake compliance monitoring to check whether prescribed actions have been carried out. In close collaboration with the infrastructure project implementers the District EMO will ensure that the monitoring plan as contained in the individual infrastructure project proposals is implemented as stated therein. In Districts where multiple ATIP infrastructures will be implemented (e.g. several District Courts and Primary Courts), The District Environmental Officer will consolidate the project-specific monitoring report into one common report and submit the report to NEMC and the Project Coordination Unit (PCU) at the MJCA/ PO- PSM/Judiciary. Members of the Community: Will undertake - after awareness raising - effects monitoring (which records the consequences of activities on the biophysical and social environment). This will be done throughout the infrastructure project cycle: (i) During the planning phase, the communities will participate in the identification of indicators for monitoring the mitigating measures; (ii) During implementation (construction) phase, monitoring the execution of works with respect to environmental aspects, e.g. verify the compliances of the Contractors with their obligations; (iii) During operation and maintenance phase, the overall environmental monitoring and alerting on any emerging environmental hazards in conjunction with the ongoing infrastructure project activities. The communities will be enabled to pass on their observations and concerns through the existing administrative structure of the local governments i.e. via village/"mtaa"/Ward councils and environment committees to District/Municipal Environmental Management Officers who will have direct link with NEMC/ATIP PCU. The National Environment Management Council (NEMC) will perform an enforcement monitoring role supported by the MJCA/ PO- PSM/Judiciary based on submissions and recommendations from the EIS/ District Environmental Officer. The NEMC will ensure that the monitoring plan for the overall monitoring of the entire ATIP requirements is implemented with particular focus on monitoring cumulative impacts of the infrastructure projects on a national level and to ensure that individual infrastructure project mitigation measures are effective at the cumulative and national level. NEMC would primarily achieve this objective through periodic field visits, coordinating and implementing the Training Program and through technical assistance and backup services to the MJCA/ PO- PSM/Judiciary. MJCA/ PO- PSM/Judiciary will perform monitoring functions for the entire ATIP. ATIP Monitoring and Evaluation guidelines developed to monitor the entire project will include parameters for compliance to proposed measures to safeguard the environmental and social impacts. Monitoring activities by the Implementers, District Environmental Officers/NEMC will be performed periodically through performance surveys/audits. X Step 7: Monitoring indicators 31 The objectives for monitoring are: (i) to alert project implementing institutions and to provide timely information about the success or otherwise of the EIA process as outlined in this ESMF in such a manner that changes to the system can be made, if required; (ii) to make a final evaluation in order to determine whether the mitigation measures designed into the infrastructure projects have been successful in such a way that the pre-infrastructure project environmental and social condition has been restored, improved upon or worst than before. A number of indicators would be used in order to determine the status of infrastructure of beneficiary institutions, affected people and their environment (general standards of the buildings compared to before, availability of and sustained supply of environmental resources such as water compared to before, management of waste - solid, waste water, storm water compared to before, general sanitation in and outside the buildings compared to before, and capacity and knowledge of environment and social management issues compared to before, level of participation of other stakeholders in project activities compared to before etc.) Therefore, the infrastructure project ElA's will set three major socio-economic goals by which to evaluate its success: 3 Project beneficiary institutions are able to maintain their pre-project capacity to plan, construct, and maintain their infrastructure and even improve on it; (D The pre-infrastructure development environmental state of physical and biological natural resources e.g. land, water, bio-diversity has been maintained or improved upon; ( The pre-infrastructure development social and economic state (livelihoods, heath status etc) of project affected people (PAP) has been maintained or improved upon. In order to assess whether these goals are met, the infrastructure projects will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The following parameters and verifiable indicators will be used to measure the EIA process, mitigation plans and performance. The following monitoring indicators (which should be included in the Project Implementation Manual) are proposed: a Adopted of the EIA process by the MJCA/ PO- PSM/Judiciary; evaluate the rate of adoption; a) Number of environmental resource persons within MJCA/ PO- PSM/Judiciary who have successfully received EIA training in screening methods etc.; evaluate the training content, methodology and trainee response to training through feedback; Monitoring indicators which should be included in the Project Monitoring Manual include: Environmental indicators * Efficiency of infrastructure projects maintenance and operating performance; . Water quality at the ATIP infrastructure sub-project meets local standards * Compliance with the Environmental Guidelines for Contractors * Safe disposal of asbestos Social indicators . Number of people provided with environmental training to implement the ESMF . The number of local workers used during implementation of the works 32 * Savings in costs for natural resources and services required to maintain the infrastructure (water, energy, management of liquid and solid waste etc.) INSTITUTIONAL STRENGTHENING FOR ENVIRONMENTAL MANAGEMENT Existing capacity for carrying out environmental impact assessment Although the government of Tanzania has now provided a conducive enabling environment to address environmental and social issues in the country - a national environmental policy, a framework national environmental management act, national land policy and national and village land acts etc., currently the different Ministries, Departments and Agencies (MDAs) and local governments are lacking the necessary capacity for compliance with requirements of the policies and acts. The proposed ESMF is set within the following existing state of affairs. ( The project beneficiary institutions - MJCA, PO-PSM, and Judiciary lack institutional policies and action plans for integrating environmental and social management issues in their development planning and project implementation. ( The NEMA, 2004 sets out the modus operandi and roles and responsibilities for management of the environment in institutions and actors at both central and local levels. Since the act has just been recently enforced - July 2005, the MJCA, PO-PSM, and Judiciary are not aware of the requirements of the acts e.g. setting up Sector Environment Sections and appointment/designation of Sector Environment Coordinators. • The national and local level agencies to support MJCA, PO-PSM, and Judiciary on environmental planning, assessments and integration are beleaguered with lack of capacity - NEMC/Division of Environment have no decentralized management and the Regional Secretariats and most Local Governments Authorities have no environmental officers/coordinators. The TBA has a newly formed environment unit, most staff in the unit are environmental engineers, and the few buildings of the Judiciary that the Agency has so far supervised were found to lack some of the key environmental services e.g. storm water drainage systems, proper solid waste collection and disposal sites, rain-water harvesting facilities etc. • Draft EIA Procedure and Guidelines produces by NEMC have been in use since 1997, and have been improved with experience and the NEMA provide the necessary legal backup that makes it mandatory for all projects in the country to be screened for their environmental effects. However, the EIA Regulations and revised procedure and guidelines are still under preparation. a) No previous projects by MJCA, PO-PSM, and Judiciary have ever undergone environmental assessment, though a few have involved land compensations. Very few staffs have been exposed to environmental and social management issues (with the exception of the Judiciary that since 1998 has set up committees at all levels to oversee gardening/landscaping and general cleanliness of court building) and extremely few have received training in environmental assessment. 3 Capacity to carry out and coordinate the ElAs is still confined at the national level, using the national procedures and guidelines. Proposals to institutionalize the procedures at local levels have not been tried out and the Councils seek the 33 services for environmental impact assessment and reviews from Consultants and experts at NEMC. ( The NEMC has drafted a training of trainer's manuals for District level Environmental Impact Assessment, but the training have only been delivered to a few LGAs and there are no immediate plans for the MDAs. Some of these weaknesses in the MJCA, PO-PSM, and Judiciary to manage environmental and social issues are a function of the inadequacies in operationalizing the national environmental and social policies, enforcement of associated laws and compliance to the same. The ESMF would be implemented through the use of existing administrative and management structures at the MJCA, PO-PSM, and Judiciary (outlined under annex 6 ), but these institutions would be strengthened through the provision of resources and training at relevant levels to build capacity. As stated above, the new NEMA, 2004, Part Ill (e) requires all government ministries to set up sections and staff for environmental management. In this regard, there is no harm for the project implementing institutions to pro-actively implement the proposed environmental and social frameworks to build up the required capacity for compliance to the act. Set up sections and or designate staff for environmental and social management To successfully implement this ESMF, it is recommended that MJCA, PO-PSM, and Judiciary designate staff (and if possible set up sections or committees) for environmental and social management. The Designated Environmental Coordinator will be responsible for the day to day monitoring and reporting of feedback throughout the life of the infrastructure project, specifically the monitoring of (i) the environmental and social assessment work to be carried out by the officer him/herself or by the service providers; (ii) overseeing the implementation of the Resettlement Action Plans; (iii) monitoring of environmental issues and the supervision of the civil works contractor during the construction process (iv) monitoring of environmental issues during operations and during maintenance of the infrastructure and facilities when handed over by the TBA/Contractors after construction; (iv) submission of monitoring reports to higher offices for eventual submission to local council and national environmental authorities - NEMC. For the purpose of this EMSF, the following are recommended departments to oversee environment and social issues: MJCA Directorate of Administration and Personnel Judiciary Office of the Registrar Court of Appeal (which could designate coordinators at the different levels of the judiciary); PO-PSM - Division of Records Management and Archives. Training of designated staff and other relevant/responsible people A comprehensive training needs assessment and development of a training strategy plan be carried out as an initial implementation activity of this ESMF. It is further recommended that technical assistance from more experienced environmental practitioners (from the National Environment Management Council for example) be obtained to "mentor" the designated staff and other relevant/responsible people at the MJCA, PO-PSM, and Judiciary and support them in building experience. It is therefore recommended that the (NEMC) EIA Training Resource Manual for Districts developed in 2000, be used in developing tailor-made courses that incorporate aspects proposed in this framework for the ATIP infrastructure development programme. In collaboration with 34 the NEMC, the ATIP project support this training in the skills in environmental and social mitigation planning and management. For the purpose of this EMSF, capacity building should be targeted at the planners, implementers and reviewers of the infrastructure projects under the ATIP. The first steps should focus on assessing the capacity building needs. Training should be designed according to these needs. More specifically, the following steps to build capacity should be taken: Training of infrastructure designated environmental coordinators This should be designed for enhancing the skills of designated environmental coordinators in environmental and social issues so that they are able to implement the above proposed screening process and mitigation measures. The training should take the form of Training of Trainers (TOT) in the areas of environmental and social screening, impact assessment, developing mitigation plans, monitoring and reporting etc. Subsequently they would then train other staff as required. The training would take the form of one weeks (5 working days) long training workshop, held for blocks of zones, based on the proposed training below to equip these staff with the required skills to implement this ESMF thereby ensuring that the infrastructure development activities under the ATIP are environmentally sustainable. This level of training could be provided by more experienced national private or public environmental practitioners. Proposed Training Program for Designated Environmental Coordinators Topic/Subject Duration Environmental and social assessment process 3 days * Screening process * Identification of impacts * Design of appropriate mitigation and monitoring measures [EMP] * Rationale for using Screening form and Environmental and Social Checklists . Preparation of terms of reference for carrying out environmental and social impact assessment (ESIA) . How to incorporate EMP in project designs and in construction contract documents * How to review/approve an EIA, screening list, and the kind of criteria for use in this regard. . How to review and approve overall project proposals . The importance of public consultations in the EIA process . How to monitor and report project implementation * Case studies Environmental and social policies, procedures and sectoral guidelines 2 days * Review and discussion of Tanzania's environmental policies, procedures, and legislation. . Review and discussion of the Bank's safeguards policies. . Review of ESIA report, ESMF, RPF, Resettlement Action Plan. * Review and discussion of Tanzania's existing sectoral guidelines. * How to collaboration with institutions at the local, regional and national levels. e.g. NEMC. Selected topics on environmental components and conservation 1 day 35 * Components of the environment and social issues . How to make environmental and social profiles of a specific area * Environmental degradation e.g. land degradation (soil erosion) . Environmental pollution e.g. waste disposal . Management of waste including handling of asbestos materials. . Flood protection/control . Ground and surface water management Reference materials ideal for Tanzania . National Environmental Management Council (NEMC) Environmental Impact Assessment Procedures and Guidelines 1997, include guidelines on PEA. * National Environmental Management Council (NEMC) EIA Training Resource Manual for Districts, 2000. * Environment and Gender Mainstreaming in District Planning Training Resource Manual by the Royal Netherlands Embassy (Tanzania), 2001 * Institute of Resource Assessment (IRA) EIA Training Course Manual. * USAID Participants' Sourcebook: African Regional Environmental Assessment Training Course, Sept. 1996. * USAID Environmental Guidelines for Small-scale Activities in Africa: Environmental Sound Design for Planning and Implementing Humanitarian and Development Activities, 1996. * UNEP Environmental Impact Assessment Resource Training Manual, 1996. Awareness for relevant/responsible people who will review/approve projects under the A TIP Training/awareness creation workshops regarding environmental and social assessment and environmental and social policies and procedures to other relevant people within the project implementing institutions administrative and management systems vested with the responsibility of endorsing/approving infrastructure development projects under the ATIP. Subjects covered could include but not limited to the following: a) Main environmental and social problems and challenges related to the construction industry; (D Review of environmental and social screening and assessment process 3 Review of the Screening Form, the Environmental and Social Management Checklists and the Resettlement Policy Framework 3 How to approve an EIA, screening list, and the kind of criteria for use in this regard and how to approve overall project proposals. Training of service providers and other support agencies At the moment, the local government authorities do not have the requisite capacity and knowledge for implementing the EIA process and supporting the project implementing institutions. Similarly, the capacity in the TBA and other service providers and contractors is non existent or very minimal. Therefore, to significantly build these capacity, the NEMC in collaboration the project implementers, TBA and LGAs will identify trainable individuals who will be involved in the implementation of civil works who would be trained by NEMC to become service providers to the implementers providing technical assistance to assist fulfill their responsibilities as outlined above. The capacity 36 building in this context would be to enhance their ability to mainstream environmental and social aspects in infrastructure project planning/designing and implementation. 37 CHAPTER 9 ENVIRONMENTAL MANAGEMENT PLAN (EMP) FOR THE ENTIRE PROJECT A summary Environmental Management Plan (EMP) has been prepared as Annex 5. This summary EMP captures those activities that are proposed for implementation under the infrastructure development programme of the ATIP. These activities focus on capacity building for environmental management within the project implementing institutions described earlier in this ESMF. In this regard, Tanzania's National Environment Management Council (NEMC) will play a guiding role. In view of the current state of environmental management capacity in Tanzania, it is proposed to support the below activities through the ATIP. Summary of cost estimates for capacity building are in the table 9.1. Needs Assessment for capacity building for environmental and social management: It is proposed that NEMC carry out environmental management/EIA needs assessments in the regions of Dar es Salaam, Dodoma, Mwanza, Kilimanjaro, and Mbeya. This would allow for environmental management/EIA needs assessment in five different ecological zones: Dar es Salaam's EIA requirements would be defined in terms of its location within the country's coastal zone which also encompass the Coast, Morogoro, Tanga, Mtwara and- Lindi regions all which reach temperatures as high as 37 degrees Celsius and are characterized by high humidity; Kilimajaro is located within the north montane zone which also cover Arusha and Manyara regions and includes Africa's highest mountain, Mount Kilimajaro (5,950 m); Mbeya is located in Tanzania's southern highlands that also encompass Iringa, Rukwa, and Ruvuma regions characterized by savanna woodlands with high rains of up to 2,000 mm in the highlands. Dodoma is located in the semi-arid central zone also covering Singida and Tabora regions; and Mwanza is found within the Lake Zone which also cover Kagera, Mara, and Shinyanga and Kigoma regions. Thus, identification of their EIA needs would enable the implementing institutions to address potential infrastructure project impacts effectively, and, more importantly, in the context of their particular ecosystems. Cost estimates: The costs for these EIA needs assessments are estimated on the basis of an earlier EIA needs assessment that was carried out by the NEMC for local government councils at a cost of $290,000 per region. In the case of ATIP, the needs assessment for MJCA and PO-PSM will be confined to Dar es Salaam and all five regions for the Judiciary. Thus, it is estimated that a needs assessment would cost about $ 145,000 for Dar es Salaam and $ 72,500 for each of the other four regions, thus a total of $ 435,000 Training of designated staff in environmental management/EIA The current staff who will be designated as SEC at the MJCA, Division of Records and Archives, and different levels of the Judiciary will receive environmental training that will enable them advice on issues related to environmental management, including completion of the environmental and social screening form (Annex 1) and the environmental and social checklist (Annex 2). Later on, these staff could train other staff within the implementing institutions as necessary. Other EIA training topics would 38 include an overview of environmental issues within the sectors; introduction to EIA processes, methods, and impact analysis; EIA review and the role of the public and stakeholders; practical EIA experience in Tanzania; and case studies. Cost estimates: About 170 designated staff from the implementing institutions will be trained. This could include: MJCA (2), PO-PSM (2), Registrar of Court of Appeal (2), High Court Centers (2x 12 centers), Resident Magistrates-in-Charge (1 x 21 regions), District Courts Magistrate - in - Charge (lx 120 districts). This training would be provided in the form of 5-day courses, with about 30 participants each, drawn from blocks of zones covering the 21 regions and about 120 districts of the country. Each course would cost about $25,000 maximum (incl. per diem, food, transport, accommodation, conference hall, incidentals for participants, trainers and support persons). Thus, the total costs for 6 courses would be $ 150,000. Workshop for Decision makers Directors at the MJCA, PO-PSM/Division of Records and Archives, and Judges, and Registrars at different levels of the Judiciary will attend a training/awareness creation workshops regarding overview of environmental issues within the sectors; environmental and social assessment and environmental and social policies and procedures. Cost estimates: About 20 people will participate in the workshop. This could include: MJCA (2 Directors), PO-PSM (2 Directors), Court of Appeal (2 Judges/Registrar), High Court (2 Judges/Registrar), High. Court Centers (12 Judges). This will be a one/two days workshop, with about 20 participants. The workshop will cost about $ 10,000 (incl. per diem, food, transport, accommodation, conference hall, incidentals for participants, resource persons and support persons). Carry out ElAs for infrastructure projects: At the moment, at least ElAs for 15 infrastructure projects will be carried out, for example, for the construction of the Court of Appeal, MJCA headquarters, Law School, National Records and Archives Center, and High Court Centers. However, it is not known at this time where (exact location) and how many of such projects might be constructed/require ElAs. Therefore, it is proposed that infrastructure project - specific ElAs be carried out at the time of infrastructure project preparation. Cost estimates: It is assumed that one EIA would cost about $5,000.00; the total cost estimate for ElAs would be $ 75,000. Table 9.1: Summary of cost estimates for Capacity Building Activities Activity Particulars Cost Estimates Translation in Kiswahili Translation of ESMF in Kiswahili ($25 x 58 pages): $ 175,000 and dissemination of printing, binding; dissemination of about 3,000 copies ESMF ($ 1 x 58pgs x 3,000) Needs Assessment MJCA, PO-PSM and Judiciary in Dar es Salaam $ 145,000 Judiciary in Dodoma, Mwanza, Kilimanjaro, and $ 290,000 Mbeya at $ 72,500/Region Training of designated 6 courses each $25,000. (costs include per diem, $ 150,000. staff food, transport, accommodation, conference hall, incidentals for participants, trainers and support persons) Workshop for Decision 1/2 days workshop of 20 participants. Costs include $ 10,000 Makers per diem, food, transport, accommodation, conference hall, incidentals, resource persons and support persons 39 ElAs for infrastructure |15 EiAs each $5,000.00 $ 75,000. projects I TOTAL $ 845,000 CHAPTER 10 RECOMMENDATIONS It is recommended that the implementing institutions MJCA/Judiciary and PO-PSM should: Establish Environment Sections (a desk could suffice initially) and Sector Environment Coordinator as required under the EMA Act, 2004, to oversee all environmental matters and to undertake coordination and linkages, supervision, inspection and monitoring. Establish links with the environmental management agencies at the national, regional and local government authorities (District/Municipal, Ward, Village/Mtaa) levels: Vice President's Office - The Directorate of Environment and the National Environmental Management Council (NEMC); and when they become functional, the Regional Environmental Management Experts at the Regional Secretariat and Environment Management Officers and Environmental Committees at the different local levels as appropriate and when necessary. Acquire and be conversant with the EMA, 2004 and the supporting regulations and guidelines (EIA, SEA etc.) now under preparation by the VPO. As first priority, implement the capacity building activities presented under the overall Environment Management Plan of this ESMF. This will equip the designated Sector Environment Coordinators and Decision makers to be conversant with the project screening process and application of mitigation measures into building designs before construction commences. Ensure that the TBA to which the tasks for overall planning, evaluation and monitoring of Contracts/Consultancy services will be delegated, observe and include as appropriate environmental management measures in the designs and civil works of the proposed project infrastructure. One criterion for selecting Consultants/Contractors should be availability of staff with requisite knowledge of environmental and social planning and management. MJCA and PO-PSM who already have been allocated land for construction of the proposed buildings should review the process followed in acquiring the land to ensure that they adhered to Tanzania land laws and WB safeguard policies detailed on in this ESMF as well as the principles and procedures detailed under the RPF. For new court buildings, the Judiciary, should strive to acquire land that is currently not occupied/used and keenly observe where applicable the procedures for land acquisition and compensation as required by the RPF, the Tanzania land acts, and relevant local government procedures. 40 The ATIP should strive to ensure that its infrastructure projects are not built in or near sensitive natural habitats or protected areas or cultural properties and sites. Court houses that are to be demolished and new ones constructed or courts to be rehabilitated/extended are already located in urban and rural settings in or near all sorts of neighborhood. In this regard, appropriate mitigation measures (as detailed in the ESMF, Annex 2 and 3) should be carried out to off-set or eliminate any adverse impacts. 41 CHAPTER 11 LIST OF INDIVIDUALS/INSTITUTIONS CONTACTED R Xgion Date Person met Title and Institution D.r es Salaam Friday, 12/08/2005 Mrs. Salome S. Mollel Director of Administration and Personnel (DAP) Ministry of Justice and Constitution Affairs (MJCA) Mr. Godfrey Mashauri DAP President Office - Public Service Management Mr. Peter.J Mlyansi Director for Records and Archives Department PO - Public Service Management Friday, Ms. Ama Munisi Programme Coordinator, 19/08/2005 Legal Sector Reform Programme (LSRP) MJCA Mr. Christopher Mayenga Principle Records Officer MJCA Mr. D.M. Nsakuzi A.g. Assistant Commissioner (Legal) l______________________ lMinistry of Lands and Human Settlements Development Mr. Rawson P. Yonazi Assistant Director (Policy and Planning) Division of Environment Vice President Office Monday, Mr. J.R. Kombe A.g. Director of Environmental Impact Assessment 22 August 2005 National Environment Management Council Mr. R. Muyungi Assistant Director (Environmental Impact Assessment), Division of Environment I_________________ Vice President Office Tuesday, Mr. Njau A.g. Chief Executive Officer 23 August 2005 Tanzania Building Agency Mr. Tunaliaga Richard Architecture Tanzania Building Agency Mr. Hans Patrick Environmental Engineer Tanzania Building Agency Mr. L.M Banzi Chief Valuer Ministry of Lands and Human Settlements Development Mr. D. Kahanda Assistant Chief Valuer Ministry of Lands and Human Settlements Development Mr. Augustine A. Shayo Registrar High Court of Tanzania Mr. Agathon A. Nchimbi Director of Primary Courts Court of Appeal of Tanzania Mr. L. Uzia Director of District Courts Court of Appeal of Tanzania Ms. Sophia Wambura Senior Deputy Registrar Court of Appeal of Tanzania D Ddoma Thursday, Hon. Judge S.S. Kaijage Judge-in-Charge 25 - 28 August Dodoma High Court Center 2005 Mr. Jacob Somi District Registrar Dodoma High Court Center Mr. Richard M. Kibella Dodoma District Magistrate-in-Charge Ms. Rose Lyimo Dodoma Urban Primary Court Magistrate Mr. Alphonce Mwangwale Assistant Director Records and Archives Management Division Mr. Augustine Mhina Administrative Officer (Records Office) Records and Archives Management Division Mr. Emson Adamson Director of Planning - Mwanamtwa Capital Development Authority Dodoma Municipal Council Mr. E. De Souza A.g. Municipal Natural Resource Officer ____________ Dodoma Municipal Council 42 Region Date Person met Title and Institution Mr. Donald Mwakalinga Forester Dodoma Municipal Council Mr. Heriudi E. Mwamtemi Senior District Magistrate Kongwa District Council Mr. Balisidy David Kongwa Primary Court Magistrate Kongwa District Council Ms. Angelina Mjilima Registry Assistant, Sagara Primary Court Kongwa District Council Dr. Fredrick Kasanga a.g. Executive Director Kongwa District Council Mbeya Tuesday, Hon Judge J.M. Mackanja Judge-in-Charge 30/08- 03/09/2005 Mbeya High Court Center Mr. Batista John Mhelela Mbeya Resident Magistrate-in-Charge Ms. Alice Nkasela Mbeya Urban Primary Court Magistrate-in-Charge Ms. Alistida Valeliani Mbeya Urban Primary Court Magistrate Ms. U. Mwantanji Mbalizi Primary Court Mbeya Municipal Council Mr. Ephraim Mkumbo Mbeya Municipal Town Planner Mbeya Municipal Council Mr. Shaibu z. Muyinga District Executive Director Mbalali District Council Mr. A. S. Mnyokanyoka Rujewa Urban Primary Court Magistrate-in-Charge Mbalali District Council Mr. Martine Mwansasu Rujewa Urban Primary Court Magistrate Ms. Ruth Mwaipaja Registry Assistant, Chimala Primary Court Mbalali District Council Mwanza Monday, Mr. J.R. Kahyoza District Registrar 5 - 08/09/2005 Mwanza High Court Center Ms. Fredrika Mgaya Mwanza Resident Magistrate in Charge Mr. Ezekiel Kitilya Mwanza City Land Development Officer Mwanza City Council Mr. M.A. Maneno Senior Valuer Mwanza City Council Office Mr. I.C. Mugeta Resident Magistrate in Charge Nyamagana District Courts Mrs. Mary Masolwa Mkuyuni Primary Court Magistrate in Charge Mwanza City Council Mr. l.O. Hozza Magu District Court Magistrate in Charge Maau District Council Mr. J. Mathusela Magu Urban Primary Court Magistrate in Charge Magu District Council Ms. Asitelia Uliza Magu Urban Primary Court Magistrate Maau District Council Dar es Salaam 04/10/2005 Mr. Augustine A. Shayo Registrar (Technical High Court of Tanzania Review Ms. Ama Munisi Programme Coordinator, meeting) Legal Sector Reform Programme (LSRP) MJCA Mr. Denis Biseko World Bank Representative Mr. David Jairo A.g. PPF-ATIP Administrator Mr. Fredrick Rugiga Director of Environmental Impact Assessment National Environment Management Council Mr. Alphonce Mwangwale Assistant Director l_____________ __________________ Records and Archives Management Division 43 44I 44 I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ REFERENCES. 1. MJCA, (2005), Accountability, Transparency and Integrity Programme; Technical assistance Consultancy Services for The Feasibility Study and Pre-Contract Services for the Judiciary Infrastructure (Final Report) Ministry of Justice and Constitutional Affairs 2005 2. NEMC, (1995, The National Conservation Strategy for Sustainable Development 3. NEMC, (1997), The EIA Procedure and Guidelines 4. URT, (1956), The Town and County Planning Ordinance, Cap.378 of 1956, 5. URT, (1967), The Land Acquisition Act No 47 of 1967 6. URT, (1977), The Constitution of the United Republic of Tanzania 7. URT, (1982), The Local Government Act (District and Urban Authorities of 1982) 8. URT, (1994), The National Environmental Action Plan 9. URT, (1996), The National Land Policy 10. URT, (1997), The National Environmental Policy 11. URT, (1999), The National Land Act 12. URT, (1999), The Tanzania Development Vision 2025 13. URT, (2000), The National Poverty Eradication Strategy 14. URT, (2001), The Land Act No. 4 Regulations 2001 subsidiary Legislation (Supp. No. 16 of 4th May 2001) 15. URT, (2003), The Design of Capital Grants Programme and Capacity Building Programme for Local Governments, 2003. 16. URT, (2003), The Environmental and Social Management Framework and Resettlement Policy Framework for the Local Government Support Programme (LGSP), 2003. 17. URT, (2004), TASAF II Environmental and Social Management Framework, TASAF, 2004. 18. URT, (2004), TASAF II Resettlement Policy Framework, TASAF, 2004. 19. URT, (2004), The Environment Management Act 20 of 2004 20. URT, (2004), The Legal Sector Reform Programme: Medium Term Strategy, Volume I and 11, 2004 21. URT, (2004), The Public Procurement Act 2004 22. URT, (2005), The Feasibility Study and Detailed Design of Upgrading of the National Records Centre, Tanzania, Preliminary Report, President's Office, PSM, 2005. 23. URT, (2005), The Judiciary Services Act 2005 24. URT, (2005), The National Strategy for Growth and Reduction of Poverty (NSGRP), Vice President Office, 2005. 25. URT, (2005), The Office of the Attorney general (discharge of Duties) Act 2005 26. URTNVPO, June 2005. National Strategy For Growth and Reduction of Poverty 27. World Bank, 1999, Bank Procedure Environmental Assessment B.P. 4.01, 45 ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM [Sample] The Environmental and Social Screening Form (ESSF) has been designed to assist in the evaluation of infrastructure projects under the ATIP. The form is designed to place information in the hands of implementers so that impacts and their mitigation measures, if any, can be identified and/or that requirements for further environmental analysis be determined. The ESSF contains information that will allow project planners to determine the characterization of the prevailing local bio-physical and social environment with the aim to assess the potential infrastructure project impacts on it. The ESSF will also identify potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. Name of infrastructure project............................................................. Implementing Institution (MJCA/PO-PSM/Judiciary) .................................... Name of the Village/Mtaa/Ward/Town/District/Municipality in which the infrastructure project is to be implemented...................................................... Name of Executing Agent/Contractor................................................... Name of the Supervising Agent ................................................ Name, job title, and contact details of the person responsible for filling out this ESSF: Name: ................................................................................... Job title:................................................................................. Telephone numbers: ...............;. Fax Number: E-mail address Date: Signature: .............................. 46 PART A: BRIEF DESCRIPTION OF SUB - PROJECT Please provide information on the type and scale of the infrastructure project (area, required land, approximate size of total building floor area). Provide information about actions needed during the construction of facilities including support/ancillary structures and activities required to build it, e.g. need to quarry or excavate borrow materials, laying pipes/lines to connect to energy or water source, access road etc. Describe how the infrastructure project will operate including support/activities and resources required to operate it e.g. roads, disposal site, water supply, energy requirement, human resource etc. PART B: BRIEF DESCRIPTION OF THE ENVIRONMENTAL SITUATION AND IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS Describe the infrastructure location, siting, surroundings (include a map, even a sketch map) Describe the land formation, topography, vegetation in/adjacent to the project area Estimate and indicate where vegetation might need to be cleared. Environmentally sensitive areas or threatened species Are there any environmentally sensitive areas or threatened species (specify below) that could be adversely affected by the project? (i) Intact natural forests: Yes . .No (ii) Riverine forest: Yes No (iii) Surface water courses, natural springs Yes No (iv) Wetlands (lakes, rivers, swamp, seasonally inundated areas) Yes No (v) How far is the nearest wetland (lakes, rivers, seasonally inundated areas)? km. (vi) Area of high biodiversity: Yes No (vii) Habitats of endangered/ threatened, or rare species for which protection is required under Tanzania national law/local law and/or international agreements. Yes No (viii) Others (describe). Yes -No Rivers and Lakes Ecology Is there a possibility that, due to construction and operation of the project, the river and lake ecology will be adversely affected? Attention should be paid to water quality and quantity; the nature, productivity and use of aquatic habitats, and variations of these over time. 47 Yes No Protected areas Does the project area (or components of the project) occur within/adjacent to any protected areas designated by government (national park, national reserve, world heritage site etc.) Yes No If "YES" , Natural Habitats (OP 4.04) is triggered. Carry out EIA for appropriate mitigation measure to be taken. If the project is outside of, but close to, any protected area, is it likely to adversely affect the ecology within the protected area areas (e.g. interference with the migration routes of mammals or birds). Yes No Geology and Soils Based upon visual inspection or available literature, are there areas of possible geologic or soil instability (prone to: soil erosion, landslide, subsidence, earthquake etc)? Yes No Based upon visual inspection or available literature, are there areas that have risks of large scale increase in soil salinity? Yes No Based upon visual inspection or available literature, are there areas prone to floods, poorly drained, low-lying, or in a depression or block run-off water Yes_ No Contamination and Pollution Hazards Is there a possibility that the project will be at risks of contamination and pollution hazards (from latrines, dumpsite, industrial discharges etc) Yes No Landscape/aesthetics Is there a possibility that the project will adversely affect the aesthetic attractiveness of the local landscape? Yes No Historical, archaeological or cultural heritage site. Based on available sources, consultation with local authorities, local knowledge and/or observations, could the project alter any historical, archaeological, cultural heritage traditional (sacred, ritual area) site or require excavation near same? 48 Yes No If "YES", Cultural Property (OP 4.11) is triggered. Carry out EIA for appropriate mitigation measure to be taken. Resettlement and/or land Acquisition Will involuntary resettlement, land acquisition, relocation of property, or loss, denial or restriction of access to land and other economic resources be caused by project implementation? Yes No If "Yes" Involuntary Resettlement OP 4.12 is triggered. Please refer to the Resettlement Policy Framework (RPF) for appropriate mitigation measures to be taken. Loss of Crops, Fruit Trees and Household Infrastructure Will the project result in the permanent or temporary loss of crops, fruit trees and household infra- structure (such as granaries, outside toilets and kitchens, livestock shed etc)? Yes No Block of access and routes or disrupt normal operations in the general area Will the project interfere or block access, routes etc (for people, livestock and wildlife) or traffic routing and flows? Yes No Noise and Dust Pollution during Construction and Operations. Will the operating noise level exceed the allowable noise limits? Yes No Will the operation result in emission of copious amounts of dust, hazardous fumes? Yes No Degradation and/or depletion of resources during construction and operation Will the operation involve use of considerable amounts of natural resources (construction materials, water spillage, land, energy from biomass etc.) or may lead to their depletion or degradation at points of source? Yes No Solid or Liquid Wastes Will the project generate solid or liquid wastes? (including human excreta/sewage, asbestos) Yes No If "Yes", does the project include a plan for their adequate collection and disposal? 49 -I Yes No Occupational health hazards Will the project require large number of staff and laborers; large/long-term construction camp? Yes No Are the project activities prone to hazards, risks and could result in accidents and injuries to workers during construction or operation? Yes No Will the project require frequent maintenance and or repair Yes No Public Consultation Has public consultation and participation been sought? Yes No PART C: MITIGATION MEASURES For all "Yes" responses, describe briefly the measures taken to this effect. 50 ANNEX 2: ENVIRONMENTAL AND SOCIAL CHECK LIST Annex 2 (A) Environmental and Social Check List The Environmental and Social Checklist below is a sample checklist which will be adapted to the particular type and circumstance of the infrastructure project as well as the relevant level (village/Mtaa, district, municipal, city) at which the infrastructure project is planned. The checklist will be completed by the designated Sector Environment Coordinator who has received environmental training. Environmental Checklist for construction of infrastructure projects including Primary Courts, District Courts, Resident Magistrates' Courts, and depending on the results of the screening process, High Court Centers and the Court of Appeal, Ministry of Justice and Constitutional Affairs headquarters and the Law School and the National Records Center. Potential Negative | Tick if Mitigation Measure Tick if | Responsible Environmental and relevant relevant Person Social Impacts l Before construction Possible land acquisition Prepare Resettlement Action Plan Loss of livelihoods as per OP 4.12 - see RPF Possible damage to Carry out EIA (Annex 3) cultural property Possible damage to Carry out EIA (Annex 3) natural habitats/sensitive or protected area; damage/loss of important biodiveristy Landslides and soil Terracing; excavation to level; erosion on sloping control of water flows hillsides Waterstagnation and Proper placement of the building flooding on depressed/flat within a site, taking into land consideration the topography and terrain to allow natural water flows. Destruction of vegetation Construction contracts to include during excavation; may provisions for limiting vegetative cause loss of biodiversity removal, and for restoration flora and fauna /landscaping and re-vegetation of the construction area after completion of works Soil erosion, deposition of Construction contracts will require fine materials (sand, silts, re-vegetation as soon as possible; cement dust) in contractors to be limited regarding downstream water activities that can be carried out in courses during demolition the rainy season; contractors will and construction, be required to treat excavated particularly in the rainy areas below flood water levels as I season required under the design contract (use of stone gabions and mattresses, before the start of each rainy season. Controlled storage of demolished materials and products (on stabilized area) and rehabilitation of sites after use 51 Traffic disruption Best engineering practices to be employed to ensure traffic disruptions are kept to a minimum Noise disturbance Not likely to be a problem Nuisance on public health Dispose safely in sealed plastic due to unsafe disposal of containers for burial in municipal asbestos landfills Dust impacts In extreme cases, particularly near clinics, contractors will be required to moisten the construction area to minimize dust Pit formation from sand Use sand from existing borrow pits; mine fill back pits During construction Noise Use of ear protectors Create dust to nearby Control fugitive dust generated Air pollution: houses during from construction works by construction spraying water or other means Pressures on existing Liaise with local utilities to ensure water sources adequate water supply Soil and water pollution Build latrines and ensure adequate due to large number of waste water disposal; ensure safe labourers on the storage of construction materials construction site and such as oils, paints related wastes Creation of stagnant pools Rehabilitation of borrow pits sites of water in left borrow pits After construction Soil and water pollution Contractors to clear construction due to remainder of site of temporary infrastructures construction wastes, tools, and restore vegetation of the site equipment, and temporary infrastructure Increased sediments into Prevention of erosion by re- streams, ponds and rivers vegetation, dry construction and due to erosion from physical stabilization; use of debris inadequate backfilling and in construction of resurfacing foundation/compaction of fill-in pits found in the area. Erosion along banks of Stabilize sections of bank storm water drainage susceptible to erosion; plant shrubs channel causing siltation and trees on uphill side of ditch to of channel, loss of land slow water runoff and damage to physical infrastructure Soil and water pollution Ensure regular due to seepage from emptying/unblocking, maintenance septic tanks/blockage of and monitoring; conduct hygiene sewer education campaign to raise awareness of the health risks of exposed sewage; establish and support affordable pump out services Contamination of water Do not construct latrines within a j supply sources (well, minimum of 30 m of the hand dug borehole) by seepage well, borehole and springs, 60 m is from pit latrines preferable _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I _ _ _ _ 52 Latrines overflowing and Conduct hygiene education creating health risks campaign to raise awareness of the through people and health risks of exposed human animals coming in contact waste and promote the support and with human wastes use of municipal or private sector cleaning services Flies and rodents carrying Block pathways for flies, i.e. by diseases from the latrines putting a screen over the vent and installing lid on the hole; ensure latrines are constructed with a suitable superstructure to prevent entry of rodents into vault Open defecation Conduct hygiene education campaign to raise awareness of the health risks of open defecation, and promote the use of latrines Flying toilets Conduct hygiene education campaign to raise awareness of health risks of indiscriminate dumping of flying toilets and promote the use of latrines. As an interim measure, provide facilities for people to dispose of flying toilets Haphazard disposal of provide adequate number of waste solid waste collection bins at appropriate places within the buildings taking into consideration the needs of women for sanitary disposal; construct on site collection points and liaise with municipal for regular disposal; Conduct hygiene education campaign to raise awareness of health risks of indiscriminate dumping of waste. Health hazards due to Use of easy-to clean surfaces, improper sanitation and good housekeeping, adequate unavailability of water supply of water - storage tanks/reservoir, boreholes, water conservation measures, rain water harvesting. Availability of adequate resources/funds to meet running costs and regular maintenance High running cost for Energy savings measures: use of energy needs. low energy consuming fluorescent, proper use of daylight, proper ventilation, provide and maintain stand-by generators. 53 Annex 2 (B): Environmental Guidelines for Contractors The following guidelines should be included in the contractor's agreements: * Installation of the work site on areas far enough from water points, houses and sensitive areas. * Sanitary equipments and installations * Site regulation (what is allowed and not allowed on work sites) * Compliance with laws, rules and other permits in vigor. * Hygiene and security on work sites * Protect neighboring properties * Ensure the permanence of the traffic and access of neighboring populations during the works to avoid hindrance to traffic * Protect staff working on work sites * Soil, surface and groundwater protection: avoid any wastewater discharge, oil spill and discharge of any type of pollutants on soils, in surface or ground waters, in sewers, drainage ditches or into the sea. * Protect the environment against exhaust fuels and oils * Protect the environment against dust and other solid residues * Waste management: install containers to collect the wastes generated next to the areas of activity. * Degradation/demolition of private properties: inform and raise the awareness of the populations before implantation of any activity. Compensate beneficiaries before any demolition. * Use a quarry of materials according to the mining code requirements * Compensation planting in case of deforestation or tree felling * No waste slash and burn on site * Speed limitation of work site engines and cars * Allow the access of Public and emergency services * Organize the storage of materials on the public highway * Parking and displacements of machines * Footbridges and access of neighbors * Signaling of works * Respect of cultural sites * Dispose safely of asbestos * Consider impacts such as noise, dust, and safety concerns on the surrounding population and schedule construction activities accordingly; * Protect soil surfaces during construction and re-vegetate or physically stabilize erodible surfaces; * Ensure proper drainage; * Prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying insects; * Select construction materials sustainably, particularly wood; * Control and clean the construction site daily; * During construction, control dust by using water or through other means; * Provide adequate waste disposal and sanitation services at the construction site; * Dispose of oil and solid waste materials appropriately. * Preserve natural habitats along streams, steep slopes, and ecologically sensitive areas; * Develop maintenance and reclamation plans and restore vegetation and habitat. 54 ANNEX 3: PROCEDURES FOR THE CONSTRUCTION/REHABILITATION OF INFRASTRUCTURE INVESTMENTS REQUIRING ENVIRONMENTAL WORK In the event that the environmental and social screening process recommends that an EIA be carried out, the implementers should refer to Tanzania's EIA procedure, keeping in mind the requirements of the World Bank's safeguard policies which are summarized in Annex 4. For ease of reference, the main steps involved in carrying out EIA are outlined below: Carrying out an Environmental Impact Assessment o Impact Assessment: Based on the screening and scoping results, the EIA shall identify and assess positive and negative impacts likely to result from the proposed infrastructure projects. This uses a variety of methods, including checklists, questionnaires, matrices, overlays, modeling, network analysis and simulations. Opportunities for environmental enhancement should be explored. The extent and quality of available data, key gaps in data, and uncertainties associated with predictions shall be identified or estimated. Topics that do not require further attention should be specified. o Analysis of alternatives: This is an important aspect of the EIA - enhancing the design of a project through consideration of alternatives, as opposed to the more defensive task of reducing the adverse impacts of a given design . This provides a detailed review of alternative approaches and prioritizes them into a feasible approach. For each alternative, the environmental costs and benefits should be quantified to the extent possible. The ' do nothing alternative' should always be included, with a discussion of it being adopted - that is, what would the future look like without the proposed infrastructure project? The ' do nothing alternative' (or, no project) alternative is always feasible and gives a " base case" against which the performance of other alternatives can be compared in terms of environmental impact, economic effects and other performance measures indicated by the objectives. o Predictions: The principal function of EIA is to provide predictive information on the potential implications of the planned infrastructure projects. Prediction should determine the cause and effect relationship of direct and indirect impacts based on data and information from a wide number of sources on the physical, social, biological, institutional, economic and cultural issues. The quality and availability of data and the analytical techniques and assumptions frequently limit the reliability of prediction. In this context, open dialogue with key stakeholders and the public is vital. o Evaluation of significance: This determines the significance at the levels of the infrastructure project and its area of influence. Within a specified time and space, a significant impact is the predicted or measured change in an environmental attribute that should be considered in project design, depending on the reliability and accuracy of the prediction and the magnitude of the change. o Mitigation: This identifies measures to avoid and/or to reduce adverse impacts. It also assesses how to plan and manage environmental enhancement. The identified measures need to be undertaken early enough to embed ideas thoroughly into the basic design of a proposed infrastructure project and to show how future monitoring and evaluation would be carried out. These measures are drawn together into a coherent Environmental and Social Management Plan (ESMP), including a monitoring plan. o Public consultation: Consultation throughout EIA preparation is required, particularly for infrastructure projects that might involve land acquisition and thus negatively affecting people's livelihoods. Public consultation should be undertaken during screening, scoping and the preparation of terms of reference, of the EIA report, review of the EIA report by NEMC and other stakeholders, and during the preparation of terms and conditions for EA acceptance or approval. All the information gathered during the Environmental Impact Assessment is compiled in the format given in the NEMC Reporting Procedure and Guidelines referred to earlier and submitted to NEMC for review and clearance. In all cases, the documentation should be kept as brief and simple as possible. 55 Review and Approval of the Environmental Impact Assessment Report The EIA report prepared for each infrastructure project (category B and A) should be reviewed by the District Environmental Officer and NEMC as appropriate, and public consultations should be undertaken during the review period. The outcome of the review of the EIA is one of the following: C) EIA accepted O EIA not accepted Acceptance and clearance of the EIA report (for category B and A infrastructure projects) by NEMC will serve as a sufficient environmental permit to proceed with further consideration for approval of the infrastructure project by the project implementing institutions MJCA, PO-PSM, the Judiciary and ATIP. The review of the EIA report should also include the determination of whether or not any people have been identified as owners or users of the land upon which the infrastructure project will be located or if the infrastructure project in any other way will affect people/property, livelihoods and access so that there is a negative impact (loss) as a result of the infrastructure project. If that is found to be the case, the appropriate measures need to be taken in accordance with the Resettlement Policy Framework (RPF) prepared for the infrastructure development component of the ATIP. The EIA report should be short and clear, so that project participants can understand it. It should state clearly the main environmental issues, both positive and negative, likely impacts, potentially affected persons, mitigation and monitoring measures, and cost estimates and institutional arrangements for the implementation of mitigation and monitoring measures. The EIA report should include an Environmental and Social Management Plan (ESMP). This ESMP should be a practical, action-oriented plan specifying measures to be taken to address the negative environmental impacts. It should also specify the actions, resources and responsibilities required to implement the agreed actions and details on key social and environmental management, monitoring, and monitoring indicators. Further, the ESMP should ensure that the costs of implementing the recommendations of the EIA report are budgeted into the total infrastructure project costs. Responsibility for the preparation of the ESMP will be with the Sector Environment Coordinators, under the guidance of the District/Municipal Environmental Officer and, to the extent necessary, in consultation with NEMC. The ESMP should be formulated in such a way that it is easy to use. The ESMP should cover the following aspects: Summary of environmental and social impacts, description of the mitigation measures, description of the mitigation measures, description of the impacts of the mitigation measures, description of the monitoring plan and monitoring indicators, institutional arrangements and capacity building needs to ensure effective implementation of these measures, implementation schedule and reporting procedures and cost estimates. The NEMC/Environmental Officer will assist with the details required for the preparation of the ESMP. Disclosure and Approval Process As infrastructure project proposals are finalized, the complete proposal shall include the environmental category of the infrastructure project. For category B and A infrastructure projects, the proposal shall include the EIA report and proof of its approval by NEMC. For category B projects that did not require the preparation of a separate EIA, the completed environmental and social checklist will be attached to the infrastructure project proposal. The EIA reports of infrastructure projects will be disclosed to the public, disclosing the document at the offices of Village or Sub-ward/Mtaa government, Ward Executive Office, the District/Municipal Executive Director's office in each District/Municipality in which the infrastructure projects under ATIP will be developed. NGO's and other civil societies in the concerned area will be informed of the meeting, and copies of the EIA report will be made available before the meeting, in a language that is understood by the recipients. Beneficiaries under ATIP or any affected/interested party, have the right to appeal. If dissatisfied with the decision reached at any stage in the EIA process, the affected party has the right of appeal to the Minister responsible for Environment. 56 ANNEX 4: SUMMARY OF WORLD BANK SAFEGUARD POLICIES [OP 4.01 The objective of this policy is to ensure that Bank- Depending on the project, and nature Environmental financed projects are environmentally sound and of impacts a range of instruments can Assessment sustainable, and that decision-making is improved be used: EIA, environmental audit, through appropriate analysis of actions and of their hazard or risk assessment and likely environmental impacts. This policy is triggered if environmental management plan a project is likely to have potential (adverse) (EMP).When a project is likely to have environmental risks and impacts in its area of sectoral or regional impacts, sectoral influence. or regional EA is required. The Borrower is responsible for carrying out the EA. Under ATIP, the Borrower (government of URT) has prepared an Environmental and Social Management Framework (ESMF) which outlines the environmental screening process to be applied to infrastructure projects. The purpose of the environmental screening process is to assess the impacts of future construction activities where the exact scope of investment activities and locations are not known at this time. OP 4.04 Natural This policy recognizes that the conservation of natural This policy is triggered by any project Habitats habitats is essential for long-term sustainable (including any infrastructure project development. The Bank, therefore, supports the under a sector investment or financial protection, maintenance, and rehabilitation of natural intermediary loan) with the potential to habitats in its project financing, as well as policy cause significant conversion (loss) or dialogue and analytical work. The Bank supports, and degradation of natural habitats expects the Borrowers to apply a precautionary whether directly (through approach to natural resource management to ensure construction) or indirectly (through opportunities for environmentally sustainable human activities induced by the development. project). Under ATIP, projects that would have negative impacts on natural habitats would not be funded. OP 4.36 Forests This policy focuses on the management, This policy is triggered by forest I conservation, and sustainable development of forest sector activities and other Bank ecosystems and their associated resources. It applies sponsored interventions which have to projects that may/may not have impacts on (a) the potential to impact significantly health and quality of forests; (b) affect the rights and upon forested areas. welfare of people and their level of dependence upon Under ATIP, projects that are likely to or interaction with forests and projects that aim to affect populations and forests as bring about changes in the management, protection, described in OP 4.36 will not be or utilization of natural forests or plantations, whether funded. they are publicly, privately or communally owned. The Bank does not support the significant conversion or degradation of critical forest areas or related critical natural habitats. OP 4.09 Pest The objective of this policy is to promote the use of The policy is triggered if procurement 57 Management biological or environmental control methods and to of pesticides is envisaged (either reduce reliance on synthetic chemical pesticides. In directly through the project or Bank-financed agricultural operations, pest indirectly through on-lending); if the populations are normally controlled through Integrated project may affect pest management Pest Management (IPM) approaches. In Bank- in a way that harm could be done, financed public health projects, the Bank supports even though the project is not controlling pests primarily through environmental envisaged to procure pesticides. This methods. The policy further ensures that health and includes projects that may lead to environmental hazards associated with pesticides are substantially increased pesticide use minimized. The procurement of pesticides in a Bank- and subsequent increase in health financed project is contingent on an assessment of and environmental risks; and projects the nature and degree of associated risk, taking into that may maintain or expand present account the proposed use and the intended user. pest management practices that are for the construction or rehabilitation of any dams. unsustainable. Under A TIP, there will be no funding for projects involving an increased use of pesticides. OP 4.11 Cultural This policy aims at assisting in the preservation of This policy is triggered by projects Property cultural property (sites that have archaeological which, prima facie, entail the risk of (prehistoric), paleontological, historical, religious, and damaging cultural property (i.e. any unique natural values - this includes remains left by project that includes large scale previous human inhabitants (such as middens, excavations, movement of earth, shrines, and battlegrounds) and unique environmental surficial environmental changes or features such as canyons and waterfalls), as well as demolition). in the protection and enhancement of cultural Under ATIP, infrastructure properties encountered in Bank-financed projects. development activities that might have negative impacts on cultural property will not be funded. OD 4.10 This policy aims at ensuring that the development This policy is triggered if there are Indigenous process fosters full respect for the dignity, human indigenous peoples in the project Populations rights and cultural uniqueness of indigenous peoples; area; when potential adverse impacts that they do not suffer adverse effects during the on indigenous peoples are development process; and that indigenous peoples anticipated; and if indigenous peoples receive culturally compatible social and economic are among the intended beneficiaries. benefits. Under ATIP, investment activities that might have negative impacts on indigenous peoples will not be funded. OP 4.12 The objective of this policy is avoid or minimize This policy is triggered not only if Involuntary involuntary resettlement where feasible, exploring all physical relocation occurs, but also by Resettlement viable alternative project designs. Furthermore, it any loss of land resulting in: intends to assist displaced persons in improving their relocation or loss of shelter; loss of former living standards; it encourages community assets or access to assets; loss of participation in planning and implementing income sources or means of resettlement; and to provide assistance to affected livelihood, whether or not the affected people, regardless of the legality of title of land. people must move to another location. Under ATIP, a Resettlement Policy Framework (RPF) has been prepared which will serve as a guidance for infrastructure projects that involve land acquisition. OP 4.37 Dams This policy focuses on new and existing dams. In the This policy is triggered if the project Security case of new dams, the policy aims at ensuring that involves the construction of a large experienced and competent professionals design and dam (15 m or higher) or a high hazard 58 supervise construction; the Borrower adopts and dam; if a project is dependent on an implements dam safety measures for the dam and existing dam, or a dam under associated works. In the case of existing dams, the construction. For small dams, generic policy ensures that any dam upon which the dam safety measures designed by performance of the project relies is identified, a dam qualified engineers are usually safety assessment is carried out, and necessary adequate. additional dam safety measures and remedial work UnderATIP, there will be no funding are implemented. The policy also recommends the Udr ATP nth rewilbeinofndi preparation of a generic dam safety analysis for small for the constructon or rehabil.taton of dams. OP 7.50 Projects The objective of this policy is to ensure that Bank- This policy is triggered if any river, Implemented on financed projects affecting international waterways canal, lark or similar body of water International would not affect: (i) relations between the Bank and its that forms a boundary between, or Waterways Borrowers and between states (whether members of any river or body of surface water that the Bank or not); and (ii) the efficient utilization and flows through two or more states; any protection of international waterways. tributary; or any bay, gulf straight or channel bounded by two or more states are affected. Under ATIP, there will be no funding for infrastructure projects a that could have an impact on international waterways OP 7.60 Projects This policy ensures that projects in disputed areas are This policy will be triggered if the in Located in dealt with at the earliest possible stage: (a) so as not proposed project will be in a "disputed Contentious to affect relations between the Bank and its member area"; if the Borrower(s) is/are Zones countries; (b) so as not to affect relations between the involved in any disputes over an area Borrower and neighboring countries or other with any of its neighbors; and if there claimants; and (c) so as not to prejudice the position is a chance that any component or of either the Bank or the countries concerned. sub-component financed or likely to be financed as part of the project is situated in a disputed area. Under ATIP, infrastructure projects will not be developed in disputed areas. 59 ANNEX 5: SUMMARY ENVIRONMENTAL MITIGATION PLAN (EMP) FOR THE INFRASTRUCTURE DEVELOPMENT PROGRAM; ATIP Project Mitigation Measures Responsible Monitoring Time Cost Activity Implementing Agency Responsibility Horizon estimates Development Environmental and Social Sector Environmental Sector At planning Included in of Screening Coordinator (assisted Environmental stage project infrastructure by District/Municipal Coordinator / projects EMO; NEMC) District! Municipal EMO; NEMC Public Consultations/ Sector Environmental District/Municipal Throughout Included in Sensitization Coordinator EMO; NEMC project cycle project Prepare RAP as Sector Environmental District/Municipal After Included in necessary Coordinator / Service EMO; NEMC and screening project Providers PCU at MJCA results Complete Environmental Sector Environmental District/Municipal At planning Included in and Social Checklist Coordinator (assisted EMO; NEMC stage project by District /Municipal EMO; NEMC) Carry out EIA Sector Environmental District/Municipal As required $ 75,000. Coordinator / Service EMO; NEMC and providers PCU at MJCA Translation in Kiswahili Project Preparation Project Preparation Before $ 175,000 and dissemination of Facility at MJCA Facility at MJCA Appraisal ESMF Construction Environmental Guidelines Infrastructure project Sector Ongoing Included in stage for Contractors implementer/TBA Environmental contract /Implementers Coordinator /TBA Operation and Regular Maintenance of Infrastructure project Sector Ongoing Included in Maintenance infrastructure projects implementer/TBA / Environmental project TBA/Contractors Coordinator /TBA Public Education Sector Environmental Sector Ongoing Included in Awareness Raising on Coordinator (assisted Environmental project sanitation and waste by District /Municipal Coordinator / management EMO; NEMC) District Municipal EMO; NEMC Leakage detection & Sector Environmental District/Municipal Ongoing Included in regular maintenance (i.e. Coordinator EMO; NEMC and project water points, septic tanks, PCU at MJCA latrines) Training Needs NEMC PCU at MJCA $ 680,000 Assessment for five ecologically distinct regions: Dar es Salaam, Dodoma, Mwanza, Kilimanjaro, and Mbeya Train the Trainer: EIA NEMC/ Service PCU at MJCA At planning $ 150,000. Training for designated Providers stage Sector Environmental Coordinator at MJCA /PO- PSM/Judiciary Workshop for Decision Sector Environmental PCU at MJCA At planning $ 10,000 makers at MJCA, PO- Coordinator and stage PSM, Judiciary NEMC/ Service Providers 60 TOTAL | $845,000 8 8 Will be included in project costs 61 ANNEX 6: INSTITUTIONAL STRUCTURE OF PROJECT BENEFICIARY INSTITUTIONS Ministry of Justice and Constitutional Affairs (MJCA) The MJCA has the responsibility of formulating policies for effectiveness of the national legal framework and administration of justice system in Tanzania. The current organization structure (as approved by the President on 30th May, 2002) shows that administratively, the MJCA being a central government ministry is highly centralized with the following key positions and responsibilities: Minister, Attorney General Chambers (AGC) - constituted by the Attorney General, Deputy Attorney General who is also the Permanent Secretary, and Different Divisions headed by Directors that undertake the functions of the ministry. The Attorney General is the principal legal advisor for the government. The Deputy Attorney General/Permanent Secretary is the Chief Executive and Accounting Officer of the AGC and the Ministry. Presently, the ATIP Project Management/Coordination Unit (PMU/PCU) is under the Policy, Planning and Information Services Division. The other department important in the infrastructure development component of the ATIP is the Department of Administration and Personnel responsible for human resource management and development and social welfare, procurement of goods and services and security and safeguard of public property. The Ministry is only represented at the zonal level by the Department of Public Prosecution, with Zone Officers MJCA is not represented in most Districts or in the rural areas with the exception of few district office of the Administrator General. These MJCA zonal or district offices are usually accommodated at the Judiciary centers e.g. High Court Zonal Centers/Resident Magistrate Court and District Courts. Unlike organizational set-ups common to central government ministries in Tanzania, the MJCA operates more as the Office of the Attorney General and this has led to management and accountability constrains. Thus, the organization structure is under review. The Judiciary The Judiciary is independent in dispensing justice. Currently, the Judiciary has 1027 Primary Courts, 86 District Courts, 21 Resident Magistrate Courts, a High Court with 13 zones and the Court of Appeal9. The Court of Appeal does not have its own premises and has jurisdiction in the whole URT. Commercial Court and Land Division deal with commercial and lands disputes. The Judiciary is relatively decentralized with the following key component and responsibilities. The Honorable Chief Justice is the overall head of the Judiciary and is assisted by Jaji Kiongozi (Principal Judge) who is the head of the High Court. The Court of Appeal has nine (9) Hon. Judges of Appeal. The Registrar of the Court of Appeal of Tanzania is the CEO and accounting officer of the Judiciary providing administrative support to all courts in the country. High Court Centers Currently there are 13 zonal high court centers, which comprises of one or three Regions as follows: - Dar es Salaam Zone (serving DSM, Morogoro and Coast regions) - Bukoba Zone - Dodoma Zone (serving Dodoma and Singida regions) - Arusha Zone (serving Arusha and Manyara regions) - Tanga Zone 9URT, 2004. Legal Sector Reform programme - Medium Term Strategy. 62 - Moshi Zone - Songea Zone - Tabora Zone (serving Tabora, Kigoma and Shinyanga regions) - Mwanza Zone (serving Mwanza and Mara regions) - Mbeya Zone (serving Mbeya) - Iringa Zone - Rukwa Zone - Mtwara Zone (serving Mtwara and Lindi regions) Each High Court is headed by a High Court Judge-in-Charge. In most zones the High Courts are located within the Judiciary center. The Judicial policy is to have one high court center at each region. Resident Magistrate's Courts RM's Court is the highest judiciary level of courts in a Region and is headed by a High Court Judge-in-Charge. RM's Courts hold high court sessions when necessary. There are 5/6 Magistrates working in such courts. District Courts Most are in District urban areas, usually combined with the Urban Primary Court. The District Court buildings form the center of the Judiciary including allocation of district and primary court sessions and magistrate assignments. A number of Districts do not have court buildings and still operate from the old districts. Thus these old courts are very busy places having to accommodate and serve a large population and number of cases. The following Districts have no court building: 1 ) Dar es Salaam: i) llala, ii) Temeke, iii) Kinondoni, 2) Arusha: i) Arusha, ii) Monduli, iii) Ngororngoro, 3) Manyara: i) Hanang, v) Kiteto, vi) Mbulu 4) Kilimanjaro: i) Same, ii) Rombo, iii) Mwanga 5) Mwanza: i) Nyamagana, ii) Ukerewe, iii) Geita, iv) Ngudu/Kwimba 6) Mbeya: i) Tukuyu, ii) Mbozi, iii) Chunya, 7) Dodoma: i) Dodoma, ii) Kondoa, 8) Tabora: i) Nzega, ii) Igunga, 9) Kigoma: i) Kigoma, ii) Kasulu, 10) Kagera: i) Bukoba, ii) Muleba, iii) Ngara, iv) Biharamulo, v) Karagwe 11) Tanga: i) Muheza, ii) Handeni, iii) Pangani, iv) Korogwe, 12) Morogoro: i) Morogoro, ii) Kilosa, iii) Mahenge, iv) Ifakara, v)Kilombero, 13) Singida: i) Singida, ii) Manyoni, iii) Iramba 14) Mtwara: i) Masasi 15) Lindi: i) Lindi, ii) Liwale, iii) Kilwa 16) Mara: i) Musoma, ii) Serengeti, iii) Mugumu 17) Coast: i) Kibaha, ii) Bagamoyo, iii) Utete/Rufiji, iv) Kisarawe 18) Ruvuma: i) Songea 19) Shinyanga: i) Bariadi, ii) Meatu, iii) Kahama 20) Rukwa: i) Sumbawanga, ii) Mpanda Primary Courts Primary courts are divided into courts with permanent Magistrate and courts with visiting Magistrate. Urban primary courts - have very little space comparing to the number of magistrates and court cases. Most courts have not been rehabilitated since construction. President's Office - Public Services Management The current organization structure of the PO- PSM (as approved by the President in April, 2001) shows a centralized administrative structure with the following key positions and responsibilities: Minister, Permanent Secretary, and Different Divisions headed by Directors. The development of the National Records Center will be under Records and Archives Division which also links up with the overall ATIP Project Management/Coordination Unit (PMU/PCU) under the MJCA. Currently 63 -~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ there are five Zonal Records Centers at Mwanza, Arusha, Tanga, Dodoma, and Mbeya. Plans are under way to establish a center at Mtwara. ANNEX 7: Detailed ATIP Project Description and ToR 1.0 INTRODUCTION 1.1 Background In recent years, the Government of Tanzania (GOT) has embarked on an ambitious reform agenda: public service (PSRP), public finance (PFMRP) local government (LGRP) and the legal sector reform (LSRP).. In addition, it defined, in close collaboration with its development partners (DPs), comprehensive anti- corruption. This holistic strategic approach to improve its governance system is reflected in "The National Framework on Good Governance" (GOT, December 1999) and in the national Poverty Reduction Strategy. The Government has therefore through the support of the World Bank in collaboration with other Development Partners intends to strengthen accountability, transparency and integrity with a view promoting good governance in the country. It is in this context that an Accountability, Transparency and Integrity Project (ATIP) will be implemented. The primary objective of ATIP is to support the implementation of Tanzania's strategic framework for good governance. ATIP aims at improving outcomes and impacts of development programs on the poor by enhancing the quality of governance. This will be done through: (i) strengthening the legal and judicial systems; (ii) enhancing public financial accountability; (iii) strengthening oversight and watchdog institutions (OWls), particularly, supporting the drive to combat corruption; and (iv) improving coordination, management and monitoring and evaluation (M&E) of Government's programs aimed at enhancing transparency and integrity for greater accountability. The IDA project would support these four components and would seek to complement other DPs' programs/projects in these areas. 1.2 Preliminary Project Description The Project will have four main components, as follows: (a) Strengthening legal and judicial system: The Project in collaboration with other development partners will support selected outputs of the Government's LSRP Medium Term Strategy, Work Plans and Cost estimates (2005/06-2007/08). The assistance shall include consultancies, training equipment, furniture, dissemination of legal information and materials and some infrastructure development that will improve the following areas: 1. National Legal Framework; 2. Access to Justice for the Poor and Disadvantaged; 3. Human Rights and Administrative Justice; 4. Knowledge and Skills of Legal Professionals; 5. Service Delivery Capacity in Key Legal Institutions. 6. Programme Management, Coordination Monitoring and Evaluation Specifically the Project will fund civil works rehabilitation/construction costs of selected high priority structures categorized as follows: (i) Chambers for High Court and Court of Appeal Judges; (ii) Ministry of Justice and Constitutional Affairs; (iii) Resident Magistrates' and District Courts; (iv) Primary Courts. (b) Enhancing public financial accountability The project will support activities leading to five key outputs contributing to greater financial accountability: 1. An Effective public procurement system: Major interventions to be supported in this area will include: drafting new laws, regulations, procedures and controls that will govern procurement by all public agencies; facilitating local training institutions to develop a curriculum and capacity to train a procurement cadre for the public service; and other capacity building measures to establish procurement units in MDAs and to contract out services. 64 2. An Effective internal audit system.: The project will support in close collaboration with SIDA the designing and implementation of a cost-effective internal audit system. The interventions will include consultancies, training, computers, other office equipment and vehicles. 3. An independent and effective National Audit Office (NAO): The project will make available the assistance needed to improve the capacity of the office through training of staff in new and modern audit techniques (especially audit of computer systems and value for money audits), equipping the OCAG's offices in the districts, and procuring transport to facilitate travel to remote rural service delivery centers for audit. The assistance however, would be based on the achievements made so far in the strengthening of the Public Finance Management systems. 4. Enhanced standards and effectiveness of the accounting profession in the country. 5. The Project will support the strengthening of good governance in accounting and auditing practice as well as enabling the NBAA to effectively regulate the accounting profession in the country based on the studies made under the FILM UP and preliminary findings of the FILM UP Implementation Completion Report(ICR). The assistance will therefore include consultancies, training, computers, other office equipment and vehicles 6. Effective records management and information dissemination systems in MDAs: The Project will sustain achievements made under the two successive projects funded by DFID under the PSRP that piloted a programme for improving records management in MDAswhich was limited to some MDAs. The ATIP will therefore provide: (i) on a demand-driven basis funds for the implementation of MDAs' strategies and action plans for development of their records management and information systems (this will be within the same strategic framework for improving the MDA's service delivery standards under the PSRP), and (ii) support to the construction and equipping of the National Records and Archives Center. (c) Strengthening oversight and watchdog institutions (OWIS) This component aims at strengthening the demand side of the accountability equation. In this regard, at this stage of project development, it is clear that technical assistance will be needed under the project to, as a priority, rationalize the mandates, roles and functions of the plethora of public OWls that have been established over the years.lt is, nonetheless, anticipated that among the public OWls that will receive technical assistance to build their capacity and improve their performance are: (i) the Prevention of Corruption Bureau; (ii) the relevant Committees of the Parliament and Secretariats and (iii) the MDAs will also be supported to implement their anti-corruption and action plans on a demand-driven basis, provided that the MDAs meet specific criteria. The project will also provide technical assistance to develop and strengthen the operations of civil society organizations that are active watchdogs on public accountability. The plan is to deliver this support on a demand-driven basis. In this context IDA would integrate in its approach lessons learned from others presently involved in supporting IEC for civil society, e.g., the Netherlands, UNDP, EU and others. (d) Program Management and Coordination This component has three sub-components: . First, strengthening program management and coordination. The project will provide the technical assistance and means needed to ensure that the "Accountability, Transparency and Integrity" coordination unit that Government has decided to establish in the Office of the Chief Secretary/ Head of the Public Service functions efficiently and effectively. * Second, independent Monitoring and Evaluation (M&E) of public accountability. The project will fund contracts for developing and maintaining a cost-efficient system for the M&E of public accountability by an independent agency. 65 Third, a Fund for Enhanced Accountability and Transparency (FEAT). The project will establish and operate this fund as a vehicle through which all the various demand-driven interventions will be supported under the project. Areas for such interventions that have already been identified include support to: (i) MDAs in developing their records management and information dissemination systems, and implementing their anti-corruption action plans, and (ii) develop and strengthen the watchdog functions of civil society organizations. 2.0 Objective of the Environmental and Social Management Framework (ESMF) The objective of this Environmental and Social Management Framework (ESMF) is to provide an environmental and social screening process for future infrastructure investments for which the exact locations are not known prior to appraisal, and for which appropriate mitigation measures might be required. The ESMF is intended to be used as a practical tool during project implementation. 3.0 Context of the Environmental and Social Management Framework (ESMF) The proposed screening process would be consistent with the Bank's safeguard policy OP 4.01 Environmental Assessment. This policy requires that all Bank-financed operations are screened for potential environmental and social impacts, and that the required environmental work be carried out on the basis of the screening results. Thus, the screening results may indicate that (i) no additional environmental work would be required; (ii) the applicatioh of simple mitigation measures by qualified staff would suffice; or, (iii) a separate environmental impact assessment (EIA) would be required. Although the potential environmental and social impacts of the infrastructure investments under Component C(3) above are expected to be generally minimal, potentially significant localized impacts may occur, thus requiring appropriate mitigation. Potential environmental impacts would be addressed in the context of this ESMF, while potential social impacts due to land acquisition such as loss of livelihoods or loss of access to economic assets would be addressed in the context of the Resettlement Policy Framework (RPF). The RPF has been prepared as a separate document and outlines the policies and procedures to be applied in the event of land acquisition under the project. 4.0 Scope of Work To develop an Environmental and Social Management Framework (ESMF) the consultants will carry out the following tasks: (a) Review Tanzania's environmental policies, laws, procedures, regulatory and administrative frameworks to determine which legal requirements are relevant to the infrastructure investments under the ATIP project and therefore will have to be incorporated into the ESMF, and make recommendations as appropriate; (b) Review the Bank's ten Safeguard Policies and Policies of other Legal Sector Development Partners and (i) determine which of these policies are likely to be triggered as a result of future infrastructure investments under Component C(3); (ii) identify gaps between the Safeguard Policies and the national legislation and make recommendations as to how to close these gaps, if any; and (iii) make recommendations as to how to implement the relevant Safeguard Policies in the context of the ESMF; (c) Review the bio-physical and socio-economic characteristics of the project area and (i) identify potential environmental and social impacts that might result from future infrastructure investments; (ii) propose appropriate mitigation measures; (iii) outline environmental impact assessment procedures; (iv) establish linkages to the RPF as necessary, and (v) make recommendations regarding the implementation and monitoring of environmental and social mitigation measures in the context of the ESMF as appropriate; (d) In light of the available information, develop an environmental and social screening process, including monitoring indicators, for future infrastructure investments under the project, capturing the steps below (and others as appropriate): 1. Screening of physical infrastructure investments 2. Assigning the appropriate environmental categories 3. Carrying out environmental work 66 4. Review and approval 5. Public consultation and disclosure 6. Monitoring 7. Monitoring indicators (e) In light of the available information, identify areas that would require institutional strengthening for environmental management, including cost estimates and time horizons, to ensure that the requisite capacity exists under the project to implement the ESMF efficiently; (f) In light of the above recommendations, prepare an Environmental Management Plan (EMP) for the entire project; the EMP is to outline the institutional responsibilities, including cost estimates and time horizons for the (i) identification of environmental and social impacts; (ii) preparation and implementation of mitigation measures; (iii) monitoring of the implementation of mitigation measures; (iv) monitoring indicators; and (v) capacity building needs, including related training needs and costs. A summary table should be prepared for ease of reference. 5.0 Output An Environmental and Social Management Framework (ESMF) that will be used by project implementers at the planning stage of physical infrastructure investments. 6.0 Reporting The ESMF will be written in English and will include the following sections: * Cover page * Table of contents * List of acronyms * Executive summary (English) * Introduction * Project description * Objectives of the Environmental and Social Management Framework (ESMF) * Methodology used to prepare the Environmental and Social Management Framework (ESMF) * Overview of Tanzania's environmental policies, laws, procedures, regulatory and administrative frameworks * Overview of the World Bank's ten Safeguard Policies * Environmental impacts due to infrastructure investments * Social impacts due to infrastructure investments * The environmental and social screening process: o Steps required; o Annexes: () Environmental and Social Screening Form (Sample); • Environmental and Social Checklist (Sample); ( Procedures for the construction/rehabilitation of infrastructure investments requiring environmental work; 0 Summary of the World Bank's Safeguard Policies; (D Others, as necessary. * Environmental Management Plan (EMP) for the entire project: o Proposed infrastructure investments; o Environmental and social impacts; o Mitigation measures; o Institutions responsible for implementing the mitigation measures; o Institutions responsible for monitoring the implementation of the; mitigation measures; o Timing; o Costs; o Monitoring indicators; o Summary table. 67 I * Recommendations * List of individuals/institutions contacted * References. 68