MINISTRY OF AGRICULTURE

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FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

MINISTRY OF AGRICULTURE

Drought Resilience and Sustainable Livelihood Program (DRSLP-II)

ETHIOPIA

Main Report of Environmental and Social Impact Assessment /ESIA/

Study of Multipurpose Community Water Distribution System in Somali Region

Client: Ministry of Agriculture Consultant:

Ethiopian Construction Design and Supervision Works Corporation Water and Energy Design and Supervision Works Sector

P.O. Box 2561

Tel. + 251 11 661 45 01 Fax. + 251 11 661 08 98 Email: w.w.d.s.e@ethione.et Bob Marley Avenue,

Addis Ababa

Ethiopia

September, 2021

Addis Ababa, Ethiopia

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Ethiopian Construction Design and Supervision Works Corporation

Water and Energy Design and Supervision Works Sector 1 September, 2021

Issues and Revision Records

Rev Date Originator (s) Checked by Approved by Revised by Document Description A Oct. 2018 Seleshi A.

Nebiyu S.

Germa A. Sharew Kecha Taye,

SEPT. 2021

Final Report

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LIST OF TABLES

Table 3. 1 Location of the Selected Ponds in the Project Target Woredas and Kebeles ... 35

Table 3. 2 Livestock Population in the five Program Target Woredas ... 39

Table 6. 1 Summary of Prediction and Evaluation of Potential Environmental and Social Impacts... 47

Table 8. 1 Environmental and Social Management Plan ... 69

Table 9. 1 Environmental and Social Monitoring Plan ... 80

Table 9. 2 Short-term Environmental Monitoring ... 83

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LIST OF FIGURES

Figure 7. 1 Sample Photos Showing Stakeholder Consultation Process ... 60 Figure 7. 2 Sample photos showing community consultation process at different project beneficiary kebeles ... 62 Figure 7. 3:Project GRM procedure ... 65

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ABBREVIATIONS/ACRONYMS

ABE Alternative Basic Education

ADLI Agricultural Development Led Industrialization AfDB African Development Bank

AIDS Acquired Immune Deficiency Syndrome ANRS Ethiopian Somali National Regional State BoLSA Bureaus of Labour and Social Affairs BP Bank Policy

CETU Confederation of Ethiopian Trade Unions CHA Controlled Hunting Areas

CP Construction Phase CSA Central Statistical Agency

DRSLP Drought Resilience and Sustainable Livelihood Project EA Environmental Assessment

EIA Environmental Impact Assessment EPA Environmental Protection Authority

ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan EWCO Ethiopian Wildlife Conservation Organization FPIC Free, Prior and Informed Consent

HIV Human Immunodeficiency Virus

IEC Information, Education and Communication ILO International Labour Organization

IPMP Integrated Pest Management Plan KII Key Informant Interview

MoANR Ministry of Agriculture and Natural Resources MoARD Ministry of Agricultural Resources Development MoLSA Ministry of Labour and Social Affairs

MoWE Ministry of Water & Energy NBP National Biodiversity Policy

NBSAP National Biodiversity Strategy and Action Plan NGOs None Governmental Organizations

OP Operational Phase OP Operational Policy

OSHWED Health and Working Environment Department PAP Project Affected Person

PMP Pest Management Plan PPE Personal Protective Equipment RPF Resettlement Policy Framework STD Sexually Transmitted Disease

WB World Bank

WRM Water Resources Management

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EXECUTIVE SUMMARY

This is an Environmental Impact Assessment Report of establishing multi-Purpose community Water supply Infrastructures in the five target Woredas of Ethiopian Somali National Regional State. The name of the consultancy is Ethiopian Construction, Design & Supervision Works Corporation (ECDSWC). The promoter of the Project is Ministry of Agriculture and Livestock Resources. The major objective of the project is to use the surface and ground water resources of the region, particularly in the 13-project target kebeles.

The overall approach used to carry out the ESIA study is based on the provided TOR and ESIA Guideline of the country. Relevant studies, policies and guideline were reviewed. Primary data was collected through field observation and beneficiary consultation. Secondary data was also obtained from district line sectors and projects kebele offices. Consultations were also conducted with key stakeholders and local community representatives. Obtaining experts opinions and learning from previous experiences were also among other study approaches used.

While the implementation of the projects has many benefits; obviously it will have also some potential negative impacts on the bio-physical and socio-economic environment both during construction as well as operation phases unless mitigation measures are proposed. Thus, in this ESIA study, the issues that need special attention to realize the sustainability of the project, such as temporary or permanent loss of land and other assets; impacts of inadequate physical and social management of camps and workforce, unsafe access routes and construction traffic hazards; H&S hazards of operation and closure of borrow pits and quarries; improper location and treatment of spoil dumps; improper disposal of solid and liquid waste spills and inadequate clean-up; disturbance of wildlife during construction;; disruption of existing access due to new channels; inadequate drainage; erosion in command area & sedimentation from upstream; pollution from agrochemicals and health problems are predicted and possible mitigation measures are proposed for each impact in the report.

Different mitigation measures for these negative impacts have been proposed to reduce their effects to the minimum level on the socio-economic environment as well as on the biophysical environment. The proponent should have also plan to give adequate training on work and health safety issues. In order to ensure that the proposed mitigation measures will be implemented, an environmental management plan has been developed to guide all activities of the project during all its phases concerning the protection of the environment. This plan specifies the nature of the negative impact, the proposed mitigation measures, the indicators in the execution of these mitigation measures, the time period, the responsibilities and the follow-up needed from concerned and specified parties. Some negative impacts of this project can be eliminated, reduced or compensated if the proposed environmental management plan is followed as proposed. Additional to that some recommendations have been proposed so that the execution of the projects becomes a success without harming or with the least negative effect to the environment in general.

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The environmental assessment study result of the project came up with conclusions that the adverse impacts of the projects are found by far less compared to the socio-economic benefits of the projects beneficiaries, the area and the country as a whole gain. Therefore, Multi-Purpose community Water supply Infrastructure Projects are found environmentally feasible and help in achieving water and food security plan of the project’s beneficiaries. The total budget for implementation of mitigation measure including capacity building 25,645.16 USD.

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1. INTRODUCTION 1.1 General Background

Pastoralists in Ethiopia occupy the arid and semi-arid areas and the development and improvement of their livelihoods depend largely on what the nature has to offer. Pastoralists raise animals that depend on pasture and water for their survival in their harsh and unpredictable environments. The growth of pasture and the availability of water depend on the seasonal occurrence of rainfall regime. Through time with human interference and climate change, the survival and livelihood of the pastoral communities are at risk. Their resource base is highly subjected to the climatic variability and since recent decades, humans have contributed to the deterioration of the natural ecology settings and thereby made themselves vulnerable to hazards of different magnitudes (drought and sometimes floods). Due to recurrent drought, streams, rivers, grazing lands and vegetation are affected.

Pastoral and agro-pastoral communities living in low land areas of Ethiopia are vulnerable to droughts, trans-boundary animal diseases; human and livestock water supply shortage and rangeland resources- based conflicts. The livelihood of the communities has been affected by these environmental resource’s degradation and climate change. Different interventions have been undergoing by different NGOs and the government of Ethiopia to improve the livelihoods of the pastoralists and agro-pastoralists and enhance their resilience from drought and other shocks.

On a positive note, however, the arid lowlands are endowed with abundant land resources and numerous seasonal rivers and if these resources would be utilized effectively, they have the potential to contribute to lasting prosperity in these regions. And it is usually recommended to focus on investment of multi-purpose water infrastructures that are technically feasible, economically viable, environmentally sound and manageable by pastoral communities and provide service in a sustainable manner.

In the past, development was taken largely as economic growth with less attention being given to social and environmental changes. More recently, the idea of environmental and social impact assessment and sustainability has been introduced to reduce adverse impacts and ensure long term benefits.

Environmental and Social Impact Assessment thus has been recognized as an integral part of the early planning studies of development initiatives in order to identify any expected negative impacts and to suggest the necessary actions to curb the problem. In addition, ESIA can consider different design alternatives for the projects as an essential step for better decision making.

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1.2 Objectives

1.2.1 General Objectives of the Project

The general objective of the project is to identify surface and groundwater potentials, undertake sectoral studies and engineering design of various multi-purpose community water supply infrastructures (Cisterns, Ponds, Deep Wells etc..) in order to provide water access so as to meet water demands for domestic consumption, livestock and irrigated crop and pasture development.

1.2.2 General Objectives of the ESIA Study

The overall objective of the ESIA study of Drought Resilience and Sustainable Livelihood Project (DRSLP- phase II) in five Woredas (districts) (Birkod, Adigala, Marsin, Ararso, and Goljano) of Ethiopian Somali National Regional State multi-purpose water infrastructure projects for human, livestock to carry out an environmental impact assessment of the various multi-purpose community water supply infrastructures and to determine whether or not the construction and operation and associated activities will have any adverse impacts on the environment, taking into account biophysical, social, cultural, legal and economic considerations.

Thus, it is indispensable to carry out Environmental and Social Impact Assessment (ESIA) study for such projects and hence this report presents the Environmental and Social Impact Assessment (ESIA) Report of Multi-Purpose community water supply Infrastructures. The ESIA study also ensures consistency of the planning, design and implementation of the projects in line with the relevant national environmental and social management requirements as well as the financer (the African Development Bank) environmental and social safeguard policies applicable to the projects.

1.2.3 Specific Objectives of the ESIA Study

The specific objectives of undertaking Environmental and Social Impact Assessment studies of the multi- purpose water infrastructure projects in 7 zonal administrations and five Woredas of the Ethiopian Somali National Regional State entailed by DRSLP-phase II project are to:

➢ meet the national and funding organization (the African Development Bank, AfDB) environmental and social policy and legal requirements;

➢ review pertinent national, regional and international policies, legal and administrative frameworks governing environmental matters of the project;

➢ identify and describe baseline physical, biological and socio-economic environmental conditions of the proposed project that may affect the projects or be affected by the project’s activities;

➢ identify, predict and evaluate adverse and beneficial environmental and social impacts of the project’s construction and subsequent operation activities;

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➢ propose environmental and social mitigation measures for the identified adverse impacts and recommend enhancement measures for the beneficial impacts of the projects;

➢ develop environmental and social management and monitoring plans and define institutional responsibilities to guide implementation of the recommended remedial measures, and

➢ propose indicative budget for the implementation of the recommended measures;

1.3 Scope of the ESIA Study

The geographic coverage of the ESIA study areas of the multi-purpose water infrastructure projects includes five DRSLP-I target Woredas ((Birkod, Adigala, Marsin, Ararso, and Goljano) which are found in Ethiopian Somali National Regional State.

The thematic scope of the ESIA study primarily includes description of baseline conditions of the project area, identification of potential impacts of the proposed multi-purpose community water supply infrastructure projects and development of feasible mitigation measures that will help to avoid or minimize the existing and/or potential impacts associated with implementation of the proposed multi- purpose water infrastructure projects interventions. It was also intended to develop Environmental Management and Monitoring Plans. Specifically, the scope of the ESIA study would include, but not limited to, identifying:

➢ Characteristics of micro-catchments draining into each project site especially for micro- basins and possible impacts which may include land use/land cover, topography, soils types and soil erosion, climatic factors, settlement patterns, displacement and potential problems like siltation, water pollution, etc.

➢ Potential impacts on terrestrial and aquatic ecology (flora and fauna) in the direct impact zone of the proposed project activities.

➢ Impacts of water supply schemes particularly on epidemiology of water related diseases (malaria and bilharzias) comparing with the existing conditions.

➢ Project water sources baseline quantity and quality and potential effects on public health, etc.

1.4 The Study Approach

The general approaches followed in conducting the ESIA study of the multi-purpose water infrastructure projects is based on the ESIA guiding principles which among others include participation of interested and affected parties’ integration, focusing on major environmental issues, practicality, professionalism and objectivity. Furthermore, the consultant carefully depends and addresses the Terms of Reference (ToR) and review of project specific documents.

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1.5 The ESIA Study Methodologies

Data was collected using secondary and primary techniques of data gathering. Review of secondary materials was done to grasp the legal and regulatory frameworks of Ethiopia, African Development Bank and the World Bank as well as understand the Drought Resilience and Sustainable Livelihood Project (DRSLP-I), its ESMF, RPF and other relevant documents as well as some quantitative information about the PAPs. Through the primary data collection method qualitative information was gathered to achieve the purpose of the environmental and social assessment. Due to the complexity of the environmental and social assessment and to verify the results obtained through triangulation, the following methods of data collection were employed.

A. Primary Methods of Data Collection: - Two main primary data collection methods that were used in this Environmental and Social Impact Assessment were key informant interview (KII) and filed observation.

1. Key Informant Interview (KII):- KII was planned to be conducted with two segments of actors, namely government officials at the woreda and kebele levels and project affected community members. This is because the purpose of the Environmental and Social Impact Assessment is to identify environmental issues and propose implementable mitigation measures of the multi-purpose water infrastructure projects.

The intention of having to have an interview at the woreda or different kebeles was to know the type and system of support mechanism as well as the follow-up rendered to effectively implement ESMF.

Besides, a high level consultation was conducted to assess the effectiveness of institutional arrangements (roles and responsibilities) for the implementation of the RPF, and make recommendations to strengthen the implementation of environmental and social safeguards of Drought Resilience and Sustainable Livelihood Project (DRSLP-I).

During the Environmental and Social Impact Assessment, officials at all levels was interviewed to collect information to identify community consultation process, the implementation of RPF, ways by which grievance are redressed, etc.

KII with the project affected persons (PAPs) enable to elicit from community members their actual personal feeling and things that they do not want to tell and expose in front or presence of others. That is to explore sensitive issues such as whether or not land donation was based on their free will and decision, type of compensation and their satisfaction in this regard, their participation in the planning and implementing resettlement and compensation programs, community consultation process, livelihood restoration activities done for them, to know the support and follow-up from government, trainings provided, etc.

2. Field Observation: - Field observation was the second method that employed during the environmental and social impact assessment. The consultant made field visit of Drought Resilience and

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Sustainable Livelihood Project (DRSLP-I) implementation areas to observe multi-purpose water infrastructure projects impacts.

Besides, public consultation minutes were documented that shows free discussion about the sub- projects. On the site, discussions with the services users was also held so as to have first hand information from project affected people and beneficiaries. Note taking and photographing are important tools to record observation during field visits. Field level observations would be believed to assist significantly the analysis and writing up the final environmental and social assessment report.

B. Secondary Data Collection Methods: - To generate secondary data, legal framework and polices plus Drought Resilience and Sustainable Livelihood Project (DRSLP-I) documents and social assessment reports were consulted. The secondary data collection methods help to collect both qualitative and quantitative information that are useful to the ESIA study which might not be obtained through the primary data collection techniques. Desk level review of secondary materials at the Region, Woreda and Kebele as well as Drought Resilience and Sustainable Livelihood Project (DRSLP-I) documents, Environmental and Social Impact Assessment reports and ESMF including the RPF was made. Detailed analysis was conducted on the basis of data obtained at the sub-project levels to examine many issues.

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2. POLICY, LEGAL, INSTITUTIONAL AND ADMINISTRATIVE FRAMEWORKS

The 20^th and first half of the 21^stcentury, with natural capital still in abundance, scant attention was paid to the environment; instead, attention was almost exclusively focused on economic profitability. During this period, whether or not to proceed with a project was decided solely based on economic and technical feasibility, regardless of the costs to society and the environment–costs otherwise referred to as negative externalities.

Generally, the past development practices have not anticipated impacts nor mitigated potential environmental problems early in the planning process. This negligence and unwise utilization of the natural resources resulted in degradation of the environment and scarcity of the resources. The scarcity of natural resources and fragile environments resulted from improper handling have brought the concept of sustainable development whereby consideration on the environment in the planning stage of development projects is crucial.

It is essential to integrate environmental and social concerns into development activities in order to ensure the sustainability of future developments in the projects target area. ESIA is one of the environmental and social management tools, which integrates environmental and social considerations in to sustainable development early enough in the planning stage of any development projects. To this end, it is pertinent to understand the concept and respect of the legal issues. Almost all legal and policies of the Federal Democratic Republic of Ethiopia needs to be recognized and adhered environment in any development endeavors. Some of the policies and legal requirements issue that need to be referred are briefly mentioned here.

2.1. Legal Frameworks

2.1.1. The FDRE Constitution

Being a supreme law of a land (country), a constitution provides the basic framework on which detailed laws shall be developed for various sectors. The 1995 Constitution of the Federal Democratic Republic of Ethiopia contains provisions that support the enactment of ESIA legislation. In this regard, it stipulates that the design and implementation of development programs and projects in the country should not damage or destroy the environment; and recognizes the right of the people to be consulted and express their views on the planning and implementation of environmental policies and projects that affect them (Art. 92). In addition, the constitution recognizes the right of citizens to live in a clean environment, and, where they are displaced or their livelihood has been adversely affected by the development projects undertaken by the government, the rights to get commensurate monetary or alternative compensation, including relocation with adequate state assistance (Art. 44). These provisions provide a perfect constitutional basis for the development and implementation of an effective ESIA process.

Relevance of this constitution for this project is that Communities will benefit from the project by getting employed to diversify their income. This will not only improve their living standard but also helps

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to shape future sustainable developmental activities with the proponent. Moreover, implementing this law will increase awareness about the project while at the same time gives sense of ownership to the surrounding community. Security and sustainability of the project will be insured upon implementation of this law. Any kind of problems regarding land lease or land ownership will be dealt ahead of time, this law will also give protection for the proponent.

Implementation strategies to compliance this law

➢ Priority will be given to local community for available vacancy in the project

➢ Public discussion session will be prepared regularly

➢ 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

2.2. Policy Frameworks

2.2.1. Environmental Policy of Ethiopia

Until 1997, Ethiopia did not have a comprehensive environment policy as such. The Environmental Policy of Ethiopia was issued in 1997 to provide overall guidance in the conservation and sustainable utilization of the country’s environmental resources in general. The overall goal of the policy is to enhance the living condition of the people of Ethiopia by promoting sustainable development through sound environmental management.

This implies that the need of the present generation should be fulfilled without compromising to the ability of the future generation to meet their needs. It also emphasizes that there should be a compromise between short term economic growth and long-term protection of the environment because rehabilitating a degraded environment is very expensive.

In relation to this, the project proponent has built up a detailed environmental and social management plan based on the predictable impacts using the appropriate guidelines (Regional and National Environmental Agency Guidelines and other International Guidelines). All referenced guidelines give emphasis for the community as well as the natural environment, discussion with the local community, compromise between short term economic growth and long-term environmental impacts, and appropriate water utilization and water resource management along with proper compensation release along the river course should be provided as recommendation.

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2.2.2. Water Resource Management Policy

The overall goal of the Ethiopian Federal Water Resource Management Policy of the 1998 is “to enhance and promote all national efforts towards efficient and optimum utilization of water resources of the country for socio-economic development on sustainable bases”. The policy addresses environmental conservation and protection as an integral part of water resources planning and project development.

One of the five general policy objectives is stated as “conserving, protecting and enhancing water resources and the overall aquatic environment on sustainable basis”.

2.2.3 Health Policy

The 1993 National Health Policy of Ethiopia was revised in April 1998. The policy gives emphasis to rural populations that constitute the overwhelming majority of the nation. The policy protects and promotes populations’ health and ensures friendly and healthy environment by controlling those environmental factors which are the direct and indirect causes for spread of environmental health related diseases. It states among others to:

➢ Ensure that pesticides, fertilizers and other agrochemicals are properly stored, handled, transported, applied and disposed of in a manner that does not cause health risks,

➢ Establish effective monitoring mechanisms for the control of environmental pollution (water, soil, air, noise, etc.) and

➢ Conduct and participate actively in Environmental and Social Impact Assessment (ESIA) of development projects, etc.

Therefore, this ESIA study is expected to address the policy in order to harmonize the project activities with the environment and public health of the multi-purpose water infrastructure projects target areas.

2.2.4 National Policy on HIV/AIDS

The 1998 Policy on HIV/AIDS of the Federal Democratic Republic of Ethiopia urges communities, the civil societies, local governments and federal government ministries to feel responsibilities for carrying out HIV/AIDS awareness and prevention campaigns. The policy provides an enabling environment for the prevention and control of HIV/AIDS in the country. As movement of people from place to place for labour forces and other economic and social activities can contribute to spread of the disease, attention should be given to citizens’ awareness creation in order to ensure behavioral changes.

2.2.5 National Biodiversity Policy

The National Biodiversity Policy (NBP) was established in 1998 based on a holistic ecosystem approach to conserve, develop and utilize the country's biodiversity resources. Integration of biodiversity conservation and development in federal and regional sectoral development initiatives and mobilization of international cooperation and assistance, have been identified as the principal strategies for implementation of the policy.

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Accordingly, the government of Ethiopia has developed a National Biodiversity Strategy and Action Plan (NBSAP) in 2005 as a required action under the Convention on Biological Diversity to put in practice the biodiversity policy.

The policy provides guidance towards effective conservation, rational development and sustainable utilization of the country’s biodiversity and contains comprehensive policy provisions for the conservation and sustainable utilization of biodiversity. Protection of biodiversity related to traditional indigenous knowledge and communities' benefit sharing arrangements, which are not yet effective. Similarly, the potential of biodiversity-related opportunities has not yet been exploited to enhance sustainable livelihood to the desired level. However, there is a general understanding with respect to changing the management approach in order to bring about the desired benefits.

2.2.6 Wildlife Policy

The Ministry of Agriculture and Rural Development is formulating the Wildlife Policy whose main objective is the preservation, development and sustainable utilization of Ethiopia’s wildlife resources for social and economic development and for the integrity of the biosphere. This is at present in Final form, and covers a wide range of policies and strategies for wildlife conservation and protected areas.

The government as part of the regionalization process has passed on the responsibility of wildlife conservation to the respective regional government. This regionalization trend is a clear indication that the government wants to involve local administration in the management and conservation of the wildlife. It is being felt that there is a need for a legislation to define the interrelation between Ethiopian Wildlife Conservation Organization (EWCO) and the regional government.

Based on international criteria, the protected areas of Ethiopia have been divided into three categories, each having its own laws and regulations. These areas are classified according to their management objectives and are designed to serve their own respective categories. The highest ranked are the National parks, followed by, Sanctuaries and finally, Controlled Hunting Areas (CHA). However, in the study areas no wildlife sanctuary and controlled hunting areas; but it has good potential for wildlife sanctuary especially for ostrich.

2.2.7 Forest Policy

There is Forest Development and Conservation Policy in the Ministry of Agriculture and Rural Development. The region has also prepared. The main objective of the Policy is to maintain the demand of the public for forest product through sustainable forest development and management. Besides, the policy also aims to fulfill the demand of the public for forest products like fuel, construction wood, fodder, etc. on a sustainable way. Finally, the Policy emphasizes the need to protect and conserve the environment and substitute the imported forest product in order to preserve foreign earning.

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2.2.8 Livestock Policy

In 1986, the government of Ethiopia issued a National Cattle Breeding Policy. The main objectives of the Policy are to:

➢ Preserve an improved indigenous breed;

➢ Develop elite herds;

➢ Introduce cross-breeding, artificial insemination, herd registration and performance recording.

The policy also identifies some of the major constraints on livestock development. Some of which are:

➢ low genetic potential of indigenous stock;

➢ insufficient feed resources;

➢ diseases; and

➢ weak extension supports services;

The policy emphasizes that this sector should be given incentives such as credit, breeding stock, forage and legume seed, improved animal health and extension support services.

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.

2.4 Institutional Framework for Environmental Management in Ethiopia

2.4.1 National Level Institutional Arrangements

The administrative structure of the country is based on the Federal System that has nine regional states and two special city administrations. At national level, environmental protection activities are directed through three levels of institutional arrangements; the Environmental Protection Council, the Environmental Protection Authority and the Inter-ministerial Commissions coordinating mechanisms.

Environmental Protection Council: The proclamation establishes Environmental Protection Council that ensures integration of environmental concerns with development policies, strategies and plans as well as coordination among sectors. The council is composed of Minister of Agriculture, Minister of Trade and Industry, Minister of Water, Mines and Energy, Commissioner of Science and Technology and General Manager of the Environmental Protection Authority.

Federal Environmental Protection Authority: The Federal Environmental Protection Authority (EPA), proclamation No. 295/2002, is a competent environmental agency at the Federal level in Ethiopia mandated to address environmental issues. The environmental legislation gives EPA powers to fulfill its role, support all federal agencies in establishing environmental units and develop skills in strategic environmental analysis of policies and public instruments. The EPA is involved in the development of environmental policy and legislation, setting environmental quality standards for air, water and soils, monitoring pollution, establishing EIA procedures and an environmental information system and undertaking capacity development in relevant agencies to ensure integration of environmental management in policy development and decision making.

Inter-ministerial Commissions and Coordinating Mechanisms: Besides Environmental Protection Council and Environmental Protection Authority, there are a number of inter-ministerial commissions that were established in the form of standing national committees and boards to deliberate upon issues relevant to their functional areas. These committees and boards facilitate cooperation and coordination among different government ministries, authorities, commissions and NGOs and other relevant organizations regarding issues related to Ethiopian environmental conditions.

2.4.2 Sectoral Environmental Protection Unit

EPA proclamation, Proc. № 295/2002, requires at the Federal level that each Sectoral ministry to establish in-house Environmental Protection Unit to ensure harmony with respect to implementation of the environmental proclamations and other environmental protection requirements. The duties and

MINISTRY OF AGRICULTURE

FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA