2. POLICY, LEGAL, INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORKS
2.3. Environmental and Social Framework Legislations
There are four proclamations related to environmental protection and sustainable use of natural resources of the country, Ethiopia.
Environmental Protection Organs Establishment Proclamation: The Environmental Protection Authority, EPA, was established with Proclamation No.9/1995 and re-proclaimed under Proclamation No.295/2002 as an autonomous public institution of the Federal Government of Ethiopia that is entrusted with the protection and conservation of natural resources of the country. The proclamations stipulate need to establish a system that enables to foster coordinated but differentiated responsibilities among environmental protection agencies at Federal and Regional levels.
Environmental Impact Assessment Proclamation: EPA Proclamation No. 299/2002 has made
“Environmental Impact Assessment” to be a mandatory legal prerequisite for the implementation of major development projects, programs and plans. This proclamation is a proactive tool and a backbone to harmonize and integrate environmental, economic and social considerations into decision making process in a manner that promotes sustainable development of the country.
Following the provisions of the environment policy, the Ethiopian government introduced the Environmental Impact Assessment Proclamation (Proclamation № 299 of 2002). The proclamation requires an ESIA process for any planned development project or public policy which is likely to have a negative impact on the environment. With regard to development projects, the proclamation stipulates that no person shall commence implementation of a proposed project identified by directive as requiring ESIA without first passing through environmental impact assessment process and obtaining authorization from the competent environmental agency (Art. 3(1). The proclamation also provides for public participation in the environmental impact assessment process. It requires environmental bodies to ensure that the comments made by the public (in particular the comments by the communities likely to be affected by the implementation of a
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project) are incorporated into the ESIA study report as well as into its evaluation (Art. 15). To this end, it requires environmental bodies to make any ESIA study report accessible to the public and to solicit comments thereon. The" Environmental Pollution Control Proclamation (Proc.no.300/2002)",which is promulgated with a view to eliminate or, when not possible to mitigate pollution as an undesirable consequence of social and economic development activities is also another strong legal instrument. This proclamation is one of the basic legal documents, which need to be observed as corresponding to effective EA administration.
It can, therefore, be stated that environmental protection, be it associated with development interventions or not, has a strong legal basis which extends from the federal government right down to the constituent at the lower strata of administration in all national regional governments. Relevance of describing the legal issues in this project is that, this report could be used as legal document for future activities and will have strong legal standing. Moreover, the proponent will have an insight for the pros
& cons of the project plus the impacts on the environment by the upcoming project.
Implementing strategies to complain these articles are
➢ A neutral consulting firm was appointed
➢ This report was written according to the national and international Guideline
➢ Discussion with the community was insured from the beginning of the project
➢ Comments and suggestion of experts were included
➢ Submission of the ESIA report to the environmental agency will be done.
Environmental Pollution Control Proclamation: Environmental Pollution Control Proclamation No.300/2002 is promulgated with a view to eliminate or, when not possible, mitigate pollution as an undesirable consequence of social and economic development activities. This proclamation is one of the basic legal documents to effective Environmental Assessment undertakings.
Environmental Impact Assessment Guideline: The ESIA Process as applicable to development projects was presented in detail in the ‘Environmental Impact Assessment Procedural Guideline Series 1’ of November 2003. The guideline also states that all projects located in environmentally sensitive areas should be treated as equivalent to schedule 1 activities as the nature of the project areas may include;
land prone to erosion, land prone to desertification, areas which harbor protected or threatened or endangered species, areas with particular historic or archeological interests, primary forests, wetlands of national or international importance, National Parks and protected areas, important landscapes and religious important areas (EPA, 2000).
2.3.1 Environmental Assessment Guidelines
With a view to implement the environmental policies and strategies, environmental guidelines have been issued by the then EPA and now MoEFCC. Among these, the following three (Technical ESIA
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Guideline, Procedural ESIA Guideline and Guideline for Reviewing ESIA Reports) are very relevant to the issue at hand. These guidelines are intended to guide developers, competent agencies, reviewers and other stakeholders in carrying out and managing ESIA endeavors.
2.3.2 The Procedural EIA Guideline
As a step forward in developing the environmental policies and legislations, the then EPA issued a procedural guideline which defines specific examinations to which a proposed project needs to be subjected in the process of environmental impact assessment. To this effect, at the project identification phase, based on EPA’s guideline, projects are categorized in one of the following three schedules.
o Schedule 1: Projects which may have adverse and significant environmental impacts, and therefore shall require full ESIA;
o Schedule 2: Projects whose type, scale or other relevant characteristics have potential to cause some significant environmental impacts, but not likely to warrant full environmental impact study; and
o Schedule 3: It includes projects which will have no impact or do have beneficial impacts and hence it doesn’t require environmental impact assessment at all.
Based on the guideline, all projects planned to be implemented at environmentally sensitive areas are treated as equivalent to Schedule 1 activities irrespective of the nature and scale of the project.
The EPA has issued several guidelines for EIA/ESIA of projects in different sectors. The guidelines provide a comprehensive statement of type of adverse impacts that may occur and set out clearly the aspects, which need to be addressed in an initial environmental examination and in an environmental and social impact assessment.
EIA guideline was issued in 2003 and provides details about the required procedures for conducting an ESIA, the permit requirements, the stages and procedures involved in EIA processes, and the roles and responsibilities of parties involved in the ESIA process. It also includes the categories of projects (schedule of activities) concerning the scale of EIA required (projects that may need Full, Partial and No ESIA at all), and list of project types under each category.
2.3.3 The Technical EIA guideline
The Technical EIA/ESIA guideline was issued in 2000 by the then EPA and specifies tools, particularly the standards and guidelines that may be considered when undertaking ESIA processes. Moreover, it provides details and key issues for environmental assessment in specific development sectors like water resources development, industries, road, and reservoirs and the like.
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2.3.4 Guideline for Reviewing EIA Reports
The Guideline for Reviewing EIA Reports was issued with other valuable documents by the then EPA which is now transformed to MoEFCC in 2003 to guide and make easier the review process of EIA/EIA Reports. It is a generic guideline prepared to facilitate EIA/ESIA report reviewing and decision-making processes. It includes review approaches and outlines a minimum report structure and information requirements. It is intended to help reviewers to assess the report content, comprehensiveness, adequacy and accuracy of information, as well as its organizational and presentation qualities. The review guideline is principally meant to be used by EPA/MoEFCC and regional environmental agencies as well as by Sectoral Environmental Units and the proponents. Thus, it is believed that the guideline will help in making decisions in good time and faith, whether and under what conditions the project shall proceed.
2.3.5 Labour Proclamation
The principal source of labour law in Ethiopia is Labour Proclamation No. 377/2003. This covers standard topics such as freedom of association and the right to collective bargaining and to strike, and brings the legal code closer to international norms, based on the ILO's Freedom of Association and Protection of the Right to Organize Convention of 1948 (No. 87). Inter alia, the proclamation establishes a normal working week of 48 hours with one day of rest, normally Sunday, overtime rates, paid leave, the 12 national public holidays, and maternity leave.
Under Article 89, the statutory minimum age for young workers is 14 years, and young workers may be protected by special measures (in 1999 ILO found that some 54% of all children in Ethiopia between the ages of 10 and 14 were working). However, the proclamation does not establish a minimum wage.
At the national level, workers are represented by the Confederation of Ethiopian Trade Unions (CETU) with a claimed membership of 9 Federations and some 431 basic unions.
The responsible government ministry is the Ministry of Labour and Social Affairs (MoLSA), with Bureaus of Labour and Social Affairs (BoLSA) at regional level, and corresponding offices at zonal, woreda and (in theory) kebele level.
Occupational health and safety is governed by the Occupational Safety and Health Directive (2008). This is also administered by MoLSA, which has an Occupational Safety, Health and Working Environment Department (OSHWED).
The Labour Proclamation (377/2003) made provision for the establishment of a Tripartite Labour Advisory Board, with responsibility for studying and examining matters concerning employment service, working conditions, the safety and health of workers, labour laws in general and giving advice to the Minister, but its activities are constrained due to lack of resources.
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The proclamation insures whether or not the health and safety of employees are properly safeguarded by the employer. All human rights of workers including job security have to be respected by the employer also included in the proclamation are:
Freedom of association and collective bargaining: the right of all workers to form and join trade unions and bargain collectively shall be recognized. Workers representatives shall not be subject to any discrimination and shall have access to all work places necessary to enable them to carry out their representation.
Equality of treatment: workers shall have access to jobs and trainings on equal terms, irrespective of gender, age, ethnic origin, color, marital status, sexual orientation, political opinion, religion and social origin. Physical harassment or psychological oppression, particularly of women workers must not be tolerated.
Living wages: wages and benefits paid for a standard working week shall meet at least legal or industry minimum standards and always be sufficient to meet basic needs of workers and their families and to provide some discretional income. Pay should be in cash, direct to the workers, promptly and in full.
Information to wages shall be available to the workers in an understandable and detailed form.
Implementation strategies are;
➢ Minimum wage has been made to fit local standard of living
➢ The management team has put up a rule of zero tolerance for sexual harassment
➢ The management team will give all the support for the upcoming workers association
➢ The workers will be treated equally. In the event of any wrongdoing the management system has introduced accountable and transparent system to look at cases and give fair trial.
2.3.6 Water Resources Management Proclamations
Ethiopian Water Resources Management Policy is set out in Proclamation No. 197/2000 (the "WRM Proclamation"). The policy is intended to promote comprehensive and integrated water resources management and optimal utilization of available water resources for sustainable socio-economic development. Inter alia, the policy calls for conservation and protection of water resources as an integral feature of the water resources planning and development process, and therefore mandatory EIAs of all water resource development projects (See Chapter 5 of the EPA's 2003 EIA Procedural Guidelines which cover water development for agriculture and hydropower, as well as associated resettlement).
The proclamation entrusts the Ministry of Water Resources [now Ministry of Water & Energy (MoWE)]
with broad powers to plan, manage, use, administer and protect water resources, including the promotion and implementation of projects.
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The Policy was elaborated in the Ethiopian Water Sector Strategy (2001), also known as the National Water Strategy. The purpose of the Strategy is to translate the Policy into action, with the following specific objectives:
➢ Improving the living standard and general socio-economic wellbeing of the Ethiopian people.
➢ Realizing food self-sufficiency and food security in the country.
➢ Extending water supply and sanitation coverage to large segments of the society, thus achieving improved environmental health conditions.
➢ Generating additional hydro-power.
➢ Enhancing the contribution of water resources in attaining national development priorities.
➢ Promoting the principles of integrated water resources management.
The Strategy is a comprehensive document, covering all aspects of water resources development and management. Inter alia, it calls for mandatory ESIAs for all water projects, and promotes gender mainstreaming (See Section 3.3.12). From an environmental point of view, it is challenging that the Strategy includes a call to "Reclaim existing wetlands" by drainage and other means, but not for their conservation or the protection of wetland values.
Implementation strategies are;
➢ Optimal utilization of water resources will be implemented
➢ Water resources conservation and protection practices will be done
2.3.7 Proclamation on Expropriation of Land Holdings and Payment of compensation
This Proclamation, Proc. No. 455/2005, issued in July 2005, deals with appropriation of land for development works carried out by the government and determination of compensation for a person whose landholding has been expropriated. It includes provisions on power to expropriate landholdings, notification of expropriation order, responsibility for the implementing agency, and procedures for removal of utility lines. According to the Proclamation, the power to expropriate landholdings mainly rests on woreda or urban administration authorities. Article 3 (1) of the Proclamation states that a woreda or an urban administration shall, upon payment in advance of compensation in accordance with this Proclamation, have the power to expropriate rural or urban landholdings for public purpose where it believes that it should be used for a better development project to be carried out by public entities, private investors, cooperative societies or other organs, or where such expropriation has been decided by the appropriate higher regional or federal government organ for the same purpose.
In addition, the Proclamation deals with determination of compensation having articles on the basis and amount of compensation, displacement compensation, valuation of property, property valuation committees, complaints and appeals in relation to compensation. As per this Proclamation, a land
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holder whose holding has been expropriated shall be entitled to payment for compensation for his property situated on the land for permanent improvements he made to such land, and the amount compensation for property situated on the expropriated land shall be determined on the basis of replacement cost of the property. For houses in urban areas, the amount of compensation should not be less than the current market value of construction. In addition to the amount of compensation for the property expropriated, the Proclamation also gives a provision for cost of removal, transportation and erection.
Regulation for the payment of Compensation for property Situated on Landholdings Expropriated for public purposes: Regulation No. 135/2007
This regulation describes the detail implementation procedures in when settling issues related to public domain Entitlement, Property laws, Land asset classification and valuation, customary laws, Procedures for expropriation, Procedures for grievance redress. The regulation provides the procedures for application of Proclamation No 455/2005.
2.3.8 Proclamation on Rural Land Administration and Land Use
This Proclamation, Proc. No. 456/2005, came into effect in July 2005, and its objective was to conserve and develop natural resources in rural areas by promoting sustainable land use practices. In order to encourage farmers and pastoralists to implement measures to guard against soil erosion, the Proclamation introduces a Rural Land Holding Certificate, which provides a level of security of tenure.
The MoARD now Ministry of Agriculture and Natural Resources (MoANR) is charged with executing the Proclamation by providing support and coordinating the activities of the regional authorities. Regional governments have an obligation to establish a competent organization to implement the rural land administration and land use law.
According the Proclamation where land, which has already been registered, is to be acquired for public works, compensation commensurate with the improvements made to the land shall be paid to the land use holder or substitute land shall be offered. The Proclamation imposes restrictions on the use of various categories of land, for example wetland areas, steep slopes, land dissected by gullies, etc.
2.3.9 Pesticide Registration and Control Proclamation: Proclamation No. 674/2010
This Proclamation:
➢ Covers agricultural, household, public health, and industrial pesticides;
➢ Provides registration and control responsibilities to the Ministry of Agriculture;
➢ Seeks to promote safer pesticide handling and use in the country;
➢ Requires that all pesticides should be registered on the basis of demonstrated product effectiveness and safety for humans, non-target organisms and the environment;
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➢ Prohibits importation of highly hazardous, severally restricted or banned pesticides (including most Organochlorines); and
➢ Obliges that all pesticides must display labels that meet specific Ministry of Agriculture label requirements.