Environment and Social Impact Assessment and Environment ...
Government of Khyber Pakhtunkhwa
Works & Services Department
Peshawar
Environment and Social Impact Assessment
of
Federally Administered Tribal Areas Emergency Rural Roads Project (FATA ERRP)
in
Bajaur and Orakzai Agencies
August 2012
List of Acronyms
|AASHTO |American Association of State Highway and Transportation Officials |
|ACE |Associated Consulting Engineers |
|ACI |American Concrete Institute |
|ADB |Asian Development Bank |
|AIDS |Acquired immune deficiency syndrome |
|ASTM |American Society for Testing and Material |
|BHU |Basic Health Unit |
|BOD |Biochemical Oxygen Demand |
|BOQ |Bill of Quantities |
|COD |Chemical Oxygen Demand |
|COI |Corridor of Impact |
|CSC |Construction Supervision Consultants |
|DDE |Deputy Director Environment |
|DEMM |Donors Environmental Monitoring Mission |
|EA |Environmental Assessment |
|EIA |Environmental Impact Assessment |
|EIRR |Economic Internal Rate of Return |
|EMMP |Environment Mitigation and Monitoring Plan |
|EMP |Environment Management Plan |
|EPC |Environmental Protection Council |
|ERRP |Emergency Rural Roads Project |
|ESIA |Environmental and Social Impact Assessment |
|ESMP |Environment and Social Management Plan |
|ESSAF |Environment and Social Screening and Assessment Framework |
|FATA |Federally Administered Tribal Areas |
|FHA |Frontier Highways Authority |
|FIDIC |Fédération Internationale Des Ingénieurs-Conseils |
| |(International Federation of Consulting Engineers) |
|GoKP |Government of Khyber Pakhtunkhwa |
|GoP |Government of Pakistan |
|HIV |Human Immunodeficiency Virus |
|HSE |Health Safety Equipment |
|IEE |Initial Environmental Examination |
|IEM |Independent Environmental Monitor |
|ISMZ |Indus Suture Melange Zone |
|JUI |Jamiat-i-Ulmai-Islam |
|KP |Khyber Pakhtunkhwa |
|M&E |Monitoring and Evaluation |
|MBT |Main Boundary Thrust |
|MDTF |Multi Donor Trust Fund |
|MMT |Main Mantle Thrust |
|NCS |National Conservation Strategy |
|NDIR |Non Dispersive Infra-Red |
|NEQs |National Environment Quality Standards |
|NGOs |Non–Government Organizations |
|NHA |National Highway Authority |
|NOC |No Objection Certificate |
|NWFP |North West Frontier Province |
|O&M |Operation and Maintenance |
|OP |Operational Policy |
|Pak–EPA |Pakistan Environment Protection Agency |
|PCO |Public Call Office |
|PEPA |Pakistan Environmental Protection Agency |
|PEPC |Pakistan Environment Protection Council |
|PHED |Public Health Engineering Department |
|PKR |Pak Rupees |
|PM |Project Manager |
|PMAP |Pakhtunkhwa Milli Awami Party |
|PMC |Project Management |
|PML |Pakistan Muslim League |
|PPC |Pakistan Penal Code |
|PPE |Personal Protective Equipment |
|PPP |Pakistan People’s Party |
|PR |Public Relations |
|PSC |Project Steering Committee |
|PSDP |Public Sector Development Project |
|PSQCA |Pakistan Standards Quality Control Authority |
|PTCL |Pakistan Telecommunication Limited |
|PTV |Pakistan Television |
|RE |Resident Engineer |
|RoW |Right of Way |
|SFA |Social Framework Agreement |
|SPM |Suspended Particulate Matter |
|SRO |Statutory Regulation Order |
|UBC |Uniform Building Code |
|VOC |Vehicle Operating Cost |
|WAPDA |Water and Power Development Authority |
|WB |World Bank |
|WHO |World Health Organization |
|XEN |Executive Engineer |
Executive Summary
The Government of Pakistan (GoP) through the Work & Service Department (W&SD) intends to develop road infrastructure in the Bajaur and Orakzai agencies of Federally Administered Tribal Areas (FATA). Both agencies are in dire need of development initiatives as these have been badly affected by political situation and militancy in the area. The proposed project is called the FATA Emergency Rural Roads Project (FATA ERRP). It is assisted by the World Bank administered Multi Donor Trust Fund (MTDF) for Khyber Pakhtunkhwa, FATA and Balochistan.
This document presents the findings of Environmental and Social Impact Assessment (ESIA) of the construction and operation of fifteen stretches of roads in the Orakzai and Bajaur agencies of the Federally Administered Tribal Areas (FATA), Pakistan. The document was prepared following the broader principles laid down in the Environment and Social Screening Assessment Framework (ESSAF) which has been prepared for all emgency operations under MDTF. It has been shared with W&SD of FATA and earlier with FATA Secretariate. And also disclosed locally by FATA secretariat on December 15, 2010 on its website and on MTDF website. This ESIA report includes the Environment and Social Management Plans (ESMPs) for both phases of the project and has been cleared by the Bank for implementation.
This project will be completed in about two years from the award of contract for construction. For execution and maintenance, the project has been assigned to the Works and Services Department, FATA, which has engaged Associated Consulting Engineers (ACE) as its Consultant for the design of the proposed roads. The proposed project has been divided into four packages. Package 1 consists of one road in Bajaur (20 km) and four roads in Orakzai (2 km, 2 km, 2 km, 3 km), package 2 comprises of two sections of road in Bajaur (20 km and 3 km) and four sections of the road in Orakzai (4 km, 3 km, 2km and 2km), package 3 (3 km and 2km) and package 4 (4.5 km and 2 km) each consists of two stretches of road in Bajaur. The total length of road that has to be constructed is 75.5 km, out of which 55.5 km will be located in Bajaur and 20 km in Orakzai. The project will be implemented in two phases; phase I includes package 1 only, whereas packages 2, 3 and 4 constitute Phase II of the proposed project.
The purpose of this ESIA is to ensure that the proposed project complies with all national environmental and social legislations as well as the WB Operational Policies on environment, social assessment and management. However, the ambit of the legal framework of Pakistan does not directly apply to the FATA. The region is recognized as a semi-autonomous region and is regulated through Frontier Crimes Regulations 1901 (FCR) which is the prime source of judicial system. There is no formal existence of a department such as Environmental Protection Agency (EPA), which ensures regulation of environmental issues and matters. Prior to the 18th Amendment in the Constitution of Pakistan the Federal EPA or the EPA of KP were authorized for issuance of environment related approvals for FATA region. The jurisdiction of Federal EPA is now limited only to the capital territory and other matters of national concern. The legal authority of the KP EPA for granting approvals in FATA has not been documented clearly. Therefore, the NOC issuing authority for this ESIA has to be identified by the FATA Secretariat. At the moment an environmental office within the FATA Secretariat is being established.
Owing to the fragile security situation and deteriorating law and order in the project area, collection of primary environmental and social data is a daunting task. In addition, tribal norms and cultural ethos, such as taboo on holding consultations with the women in the project area, impedes the effort to get first hand information about the area.
The roads selected for rehabilitation in the project area are mostly unpaved and dirt tracks with variable widths, high gradients and serpentine curves. These tracks stretch along rolling terrains, mountainous and escarpment areas. The project under FATA ERRP proposes construction/improvement of these roads with 3.65m bituminous paved carriageway and up to 10.85m formation width, with improved horizontal road curvature and reduced gradients of no more then 10-15%. The project has been designed to meet international roads/highway standards envisaged by World Bank. Based on these design criteria, the constructed roads will have safety features, signage and appropriate drainage structures. Most of the construction material, including sub-grade filling materials, pavement crushed stones, bricks, bitumen, cement, concrete aggregate, asphalt, reinforcement steel, galvanized iron elements and water, is locally available or can be procured form other locations in Khyber Pakhtunkhwa (KP) and Pakistan.
Secondary data on the specific environmental resources of the project area is limited as there is no real precedence of such rural infrastructure projects in the region requiring ESIA studies. As a part of this ESIA study, primary and secondary data was collected through field surveys, public consultations and literature research. For social data of nearby communities, a structured survey was conducted. For Rapid Rural Survey of the area another questionnaire was used. For information on any resettlement issues, a separate stand-alone study has been carried out, and its key findings will be submitted separately.
The project area comprises of mostly mountainous terrains within the Bajaur and Orazkai agencies. The proposed road sections of the FATA ERRP lie on both flat valley land as well as hill slopes, with a majority of the proposed road lying on a mountainous terrain. Climatically the area has cold winter and relatively mild summers. Rainfall is mainly received during monsoons and spring sessions. Extremely cold winds blow during winters. Ambient air is generally clean. According to the list of protected area defined in National Conservation Strategy (NCS) there is no protected area along the project road and in the FATA region.
The project area is located in the dry sub-tropical temperate semi-evergreen scrub vegetation area of Pakistan[1]. Based on the geomorphology and floral attributes, the project has mountain/hill slope, riparian, stream-bed, stony plain and agricultural habitats, with diverse flora and fauna. There are no less than 48 species of mammals[2], 7 species of pheasants[3], various birds, reptiles, insects and other fauna. Additionally the region has considerable variety of flora, with no less the 170 identified species[4]. Though not globally, but the project area does have nationally critically endangered and endangered species[5] of Striped Hyaena (Hyaena hyaena), Leopard[6] (Panthera pardus), Wolf (Canis lupus), Blue Sheep (Pseudois nayaur) and Hairy-armed Bat (Nyctalus leisleri). In terms of flora Withania root (Withania samnifera) and bush species (Aerva pseudo-tomentosa) are regarded as rare, but they are frequently seen at different locations in the area. The main threat to the wild flora and fauna in the region is habitat destruction and low forest cover. Currently Bajaur has 8.76% and Orakzai has 3.25% reported forest area.
The communities of the project area lead their lives under strict tribal code and cultural practices. The traditional tribal governance structure of local Maliks (tribal chiefs), Jirga (committee of tribal elders) and the political agent (representative of the government of Pakistan) is in place. The population in the area is divided into distinct sectarian and tribal groups. Major tribes in the project area are Iman Khel, Miangan, Sahibzadagan, Salarzai and Mamund adhering to Sunni Sect in Bajaur; and Syed, Abdulaziz Khel, Hwedat Khel, Mani Khel and Saparis following Shia Sect in Orakzai agency. The project area is quite poor and under-developed with sustenance agriculture being the main occupation. Another major cause of poverty in the area is the high population density with 671 and 177 persons per sq. km in Bajaur and Orakzai respectively. These figures are higher than overall figures for FATA that is 141 persons per sq. km.[7] Due to the social structure and lack of education facilities, the literacy ratio in the area is also very low. Male literacy ratio is no more than 23% and female literacy ratio is even lower, being less than 4%. All these factors contribute to the low quality of life in terms of health, housing and other services. Additionally poverty, tribal system and lack of education also contribute to the conflict, violence and restriction of role of women in the area.
Analysis of alternatives has shown that project as proposed in the detailed design and feasibility with suitable readjustments where necessary, is the best option, compared to the ‘no-project option’ and the option of not adding any new roads and only improving the existing ones with no deviation. Logistically, the best option is to locate all facilities of the contractor on state-owned land as it could potentially reduce the cost of the EPC contract (land being offered free of cost) as well as reduce the environmental and social impact of locating the construction facilities on privately owned land. The best option from the labor point of view is to have a mixture of 100 percent unskilled local labor, subject to the availability of the requisite skills and experience, to the extent possible semi-skilled local labor and free choice of hiring technical / skilled workers from either within or outside of the project area.
Stakeholder consultation for this project entails meetings with individuals, groups, relevant organizations and government departments, which are in some way linked to the project and therefore considered stakeholders. Besides, the communities inhabiting the project area, other departments of government of FATA and political administration were also consulted during project planning and their concerns were already incorporated in the project design and management. Secondary stakeholder’s consultation with local NGOs was also carried out. Some of the major concerns raised by the stakeholders regarding the environmental implications of the FATA ERRP during construction and operations are as follows:
• Alignment of the route and associated structures should be designed in consultation with local communities and elders.
• Existing traffic on the road shall not be affected.
• Noise and air pollution associated with trucking can potentially cause disturbance to residents along the road. Adequate measures should be taken to avoid such disturbances.
• If new roads disturb rain fed agricultural production systems, it would increase water shortages and may result in increased poverty.
• Project related traffic causing congestion should be avoided.
• Road safety measures such as speed breakers and speed limits should be implemented so that accidents avoided.
• Provision of sanitation awareness programs in camping facilities.
• Due consideration should be paid to privacy related matters and cultural sensitivities.
• Blasting should not be carried out near settlements.
• Relocating/dismantling of mosques and other permanent structures should be avoided.
• Job opportunities should be provided to the locals during construction activities.
The feedback, collected from the communities, has been incorporated in the impact assessment and mitigation plan. It also contributes to the conditions of the proposed social framework agreement (SFA) between the project proponents, construction contractor and the communities.
The present ESIA has shown the possibility of mitigation of all adverse impacts. It is seen that construction related impacts are likely to be related to contractor’s work practices, cooperation between contractor and local communities, inclusion of ESIA prescriptions in the project management and a good Social Framework Agreement (SFA).
As a means to address the environmental and social impacts of the project, comprehensive Environment and Social Management Plans (ESMPs) have been devised. The Environment Management Monitoring Plan (EMMP) accompanies the ESMPs. The EMMP is a system to monitor the project activities to ensure that the responsible persons carry out the mitigation measures proposed in this ESIA. The requirements of the contractor for undertaking the proposed mitigation actions stated in the ESMPs and subsequent EMMPs will be integrated in the tender and bid documents to ensure that the contractor is not only contractually bound to undertake the necessary mitigation actions, but also his payments are linked to the compliance with the proposed mitigation actions. To ensure maximum compliance to environmental and social mitigation measures, the contractor’s payments are also linked to fulfillment of the measures the contractor is responsible for as per the tender documents.
The ESMP and the EMMP will be conducted under the following management structure and institutional arrangement.
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Furthermore, in order to ensure that the proposed project is carried out in the most environmentally and socially responsible way, the project proponents will conduct a host of environmental and social trainings for various target groups. These will, among others, include trainings for selected management persons on topics such as general environmental and socio-economic awareness, environmental and social sensitivities of the project area. Mitigation measures, community dealings and safety issues for all site personnel, environmentally acceptable waste disposal practices for the construction crew, road safety and defensive driving for drivers, etc.
Similarly, environmental monitoring will be carried out with the help of proposed checklists prepared on the basis of potential impacts and their mitigation plans in the ESMP. The contractor’s environment specialist will monitor the compliance of ESMP against a set of mitigation measres given in these checklists, on a regular basis, and provid to the Construction Supervision Consultants (CSC). All non-compliances recorded in the filled checklists will be followed up for remediation. Works and Services Department will engage a competent consultant to conduct effects monitoring, with some parameters being monitored both ex-ante and ex-post and others being monitored on several intervals. The objective of the effects monitoring is to ensure that the key environmental parameters in the project area remain within the acceptable limits throughout the project execution. Finally, the Works and Services Department will engage a suitable consultant to carry out environmental audit of the project on a bi-annual basis. During these audits, the ESMP compliance and its effectiveness will be assessed. This monitoring will help identify weaknesses in the ESMP implementation and also recommend the corrective measures. The overall budget allocated for the environmental and social management of the project is a little over 20.6 million Pakistan rupees.
This ESIA has shown that potentially negative impacts resulting from the FATA ERRP are mostly moderate and reversible in nature, and can be easily addressed with the help of appropriately designed and effectively implemented mitigation measures proposed in this report.
The management of the environmental and social impacts for the project is further made easier by the fact that the project area does not fall in an ecologically sensitive area and does not have any significant archaeological or cultural resources that stand to be affected during the project-related activities. The environmental and social impacts associated with construction are temporary and, if the mitigations proposed in this ESIA were adhered to, would leave no residual impact on the project area. The ESIA and ESMPs assessed all the major impacts and include numerous proposed mitigation measures, and an analysis of the institutional and training requirements for their implementation, and related costs. The mitigation measures concerning: design issues (pre-construction); site preparation and land issues; ecology and biodiversity disturbance; contamination and pollution; construction management; employment and workforce policies; social issues and community support measures; waste management plan; and monitoring programme are proposed. The major impacts and key mitigation measures are as under:
• Design and alignment of the roads will directly affect the local environment and social activities. To mitigate these impacts, design process will ensure minimum cut-and-fill, damage to permanent structures, alteration in water channelssprings and passages through agricultural land/vegetation, and disturbance to community activities.
• Cutting and filling operations during construction may have a geophysical impact; it is proposed the unnecessary widening beyond the proposed design of the road shall be avoided and natural drainage pattern will not be disturbed.
• Location of camps near sensitive receptors like water resources, private lands without prior consent of landowners and dumping and storage of construction material equipment in private lands can ignite adverse sentiments among local populace. The contractor will ensure that site facilities will be established on a flat land without much natural vegetation, at least 500 m away from the communities.
• Contractor will apply strict rules on his workers and labor to ensure that no spill or leakages are caused. All fuels, oils and bitumen will be stored appropriately, with concrete padding and bunding for containment in case of leakage.
• A large quantity of earth will be removed from borrow pits potentially causing slope instability, loss of soil/land productivity, uneven terrain, and altered drainage, so contractors will select the area after approval for RE and these places will be leveled and planted with appropriate trees. These borrow sites will to the extent possible not be located on land used for agriculture, however, if borrowing fill material from land used for agriculture is inevitable, the 30 cm top layer of the soil will be preserved and put back to ensure that there is a minimal impact on land fertility.
• The source of the project’s water will be mainly from the nearby rivers and small tributaries, for the living camps can also be supplied by digging wells. To minimize impact on water resources, water will be extracted only from a major source or main stream, community will be consulted for using water resources and for ground water depth of the aquifer water table will be monitored. Additionally, strict measures will be taken to ensure that no contamination is caused to water resources.
• During the work on the road, the main environmental impact envisaged is the exhaust and particulate matter emissions resulting from the vehicles. Due to the intermitted nature of traffic flow and the fact that traffic would be mild, no irreversible impact on the ambient air quality of the project area would take place.
• Though machinery noise/vibrations will be within normal limits, the use of blasting will be kept to an absolute minimum. Blasting near the communities will be avoided to the great extent possible. A detailed protocol for management and monitoring of blasting operation will be established.
• Construction of road will lead to direct and indirect ecological disturbance. To minimize such disturbance no clearance of vegetation or killing/hunting/trapping of wild animal will be allowed. Additionally, compensatory measures will be implemented to reverse tree cutting and ecological damages.
• To minimize the effect on the existing traffic on the roads, at least one passage will always be open for traffic. Wherever, this is not possible, contractor will schedule and announce construction works, to allow a temporary passage of traffic.
• Socially, the main concern would be the road safety issues for the community. To mitigate this, proper signage and speed limits, while traveling through settled areas, have been proposed.
• Being a tribal area employment of alien workers may cause conflict with the locals. So contractor will ensure the maximum un-skilled and semi-skilled labour is employed locally.
Although the potential environmental and social issues associated with the project and their mitigation options have been discussed in detail, however, there may be a chance for any project affected person, an individual or group who may not be satisfied with the measures adopted to address the issues under the project. In order to deal with such issues a Grievance Redress/Complaint Handling Committee (GRC) will be notified both at PIU level. The GRC will be formed in consultations with the political administration, W&S department (EA), PMU, and tribal elders/maliks. The GRC will provide a public forum to the aggrieved to raise their objections and have their grievances resolved through conflict resolution mechanism provided to them in the form of GRCs.
The FATA ERRP project would be hugely beneficial for the communities located in the project area as it offers them improved access to health and educational facilities located outside the settlements, improved connection with outside areas and a host of possibilities for income generation activities. Due to its mountainous terrain and other socio-political factors, FATA has been facing unrest and violence. A prime cause for the unrest is its remote location and minimum interaction with outside world. Construction of roads will not only create economic opportunities, but will also expose the people to modernity. The project complies with all the requirements of the environmental and social regulations of Pakistan as well as those prescribed by the World Bank. The communities of the project area urgently need the project and its benefits far outweigh the limited temporary environmental and social footprint the project is likely to leave.
Table of Contents
1 Introduction 1-1
1.1 The Study Objectives 1-1
1.2 Project Overview 1-1
1.3 Project Area 1-2
1.4 Implementation 1-6
1.5 Basic Features of the Proposed Project 1-7
1.6 Study Methodology 1-7
1.6.1 Environmental Assessment Process 1-8
1.6.2 Field Surveys 1-8
1.7 Project Classification 1-9
1.8 The Report Structure 1-9
2 Legal, Regulatory, Policy Framework and Protocols 2-1
2.1 Pakistan legal requirements 2-1
2.1.1 Environmental legislation 2-1
2.1.2 Water law 2-4
2.1.3 Labour and health and safety legislation 2-4
2.1.4 International law 2-5
2.1.5 Customary law 2-5
2.1.6 Judicial decisions 2-6
2.1.7 Treaties 2-6
2.2 The World Bank Safeguard Policies 2-7
2.2.1 Environmental Assessment (OP 4.01) 2-7
2.2.2 Involuntary Resettlement (OP 4.12) 2-8
2.2.3 Forestry (OP 4.36) 2-8
2.2.4 Natural Habitat (OP 4.04) 2-9
2.2.5 Pest Management (OP 4.09) 2-9
2.2.6 Safety of Dams (OP 4.37) 2-9
2.2.7 Projects on International Waterways (OP 7.50) 2-9
2.2.8 Cultural Property (OP 4.11) 2-9
2.2.9 Indigenous People (OP 4.10) 2-10
2.2.10 Projects in Disputed Areas (OP 7.60) 2-10
2.2.11 Disclosure 2-11
2.3 Other Related Statutes and Laws 2-11
2.3.1 The Constitution of Pakistan 1973 2-11
2.3.2 Frontier Crimes Regulations 1901 2-11
2.3.3 Pakistan Penal Code (PPC) 2-12
2.3.4 The Drainage Act 1973 2-12
2.3.5 Local Government Ordinance 1979 2-12
2.3.6 The West Pakistan Fisheries Act 1961 2-12
2.3.7 The Forest Act 1927 2-12
2.3.8 The Antiquities Act 1976 2-12
2.3.9 The Public Health (Emergency Provision Act 1954 read with West Pakistan Epidemic Control Act 1958) Act 2-13
2.3.10 Explosive Act 1884 2-13
2.4 Interaction with Other Agencies 2-13
2.4.1 FATA Secretariat 2-13
2.4.2 Political Agents 2-13
2.4.3 Federal EPA 2-14
2.4.4 Departments of Forestry, Wildlife and Fisheries 2-14
2.4.5 Local Government and Municipalities 2-14
2.4.6 Levies/Scouts 2-14
2.5 Conventions, Protocols, Agreements and Understandings at International Level 2-14
2.6 International Federation of Consulting Engineers (FIDIC) Clauses 2-15
3 Description of the Project 3-1
3.1 Location 3-1
3.2 Road Length 3-1
3.3 Existing Road Dimensions and Description 3-2
3.3.1 Kharkano to Kulala, Length 20 Km. (Bajaur Package 1) 3-2
3.3.2 Dag Qilla Bypass Road, Length 3 Km. (Bajaur Package 2) 3-2
3.3.3 Road from Bado to Serisar, Length 20 Km.(Bajaur Package 2) 3-2
3.3.4 Road from Shukrata to Pampokha, Length 3 Km. (Bajaur Package 3) 3-3
3.3.5 Tangi Adda toBagoriBridge,Length4.5Km. (Bajaur Package 3) 3-3
3.3.6 Road from Loia Kanda to Ghalishah, Length 3 Km. (Bajaur Package 4) 3-3
3.3.7 Road from Shagai to Karkanai Charmang, Length 2 Km. (Bajaur Package 4) 3-3
3.3.8 Road from Largri Tan to Dop Sana, Length 2 Km. (Orakzai Package 1) 3-3
3.3.9 Road from Dargai to Shamim Jan Killi, Length 2 Km. (Orakzai Package 1) 3-4
3.3.10 Road from Palosia to Hakim Killi Khawari, Length 3 Km. (Orakzai Package 1) 3-4
3.3.11 Road from Dargai to Sharo Doghal, Length 2 Km. (Orakzai Package 1) 3-4
3.3.12 Road from Sam Feroz Khel to Dara Ghari, Length 3 Km. (Orakzai Package 2) 3-4
3.3.13 Road from Dara Ghari to Sangrani, Length 2 Km. (Orakzai Package 2) 3-4
3.3.14 Road from Kalaya to Saboora Khel, Length 4 Km. (Orakzai Package 2) 3-4
3.3.15 Road from Kadda Bazar to Aso Khel Khapa, Length 2 Km. (Orakzai Package 2) 3-5
3.4 Project Components 3-5
3.5 Drainage Structures 3-8
3.6 Scope of work of Proposed Project 3-11
3.6.1 Design Work Items 3-11
3.6.2 Construction Work Items 3-11
3.7 Existing Road Condition 3-12
3.8 Work and Material 3-14
3.8.1 Estimated Work / Major Work Items 3-14
3.8.2 Materials Requirement 3-14
3.9 Construction Resources Procurement, and Transportation 3-14
3.9.1 Construction Materials 3-14
3.9.2 Filling Materials of Sub grade 3-15
3.9.3 Broken Stones for Base Course (Coarse Aggregate) 3-15
3.9.4 Broken Stones for Concrete (Coarse Aggregate) 3-15
3.9.5 Sand 3-15
3.9.6 Cement, Steel, and Asphalt 3-15
3.10 Raw Material Availability 3-15
3.11 Machinery to be Used 3-16
3.12 Equipment and Installations 3-16
3.13 Construction Schedule 3-17
3.14 Construction Logistics 3-17
3.14.1 Work Base 3-17
3.14.2 Labor Supply 3-17
3.14.3 Labor Camps 3-19
3.14.4 Machinery Maintenance and Equipment Yards 3-20
3.14.5 Material Depots 3-20
3.14.6 Machinery Repair Workshops 3-20
3.14.7 Approach to Work Bases 3-20
3.14.8 Camp Offices 3-20
3.14.9 Healthcare 3-20
3.14.10 Labor Reporting Office 3-20
3.14.11 Labor Transport 3-21
3.14.12 Water Supply 3-21
3.14.13 Work Uniform and Health Safety Equipment 3-21
3.14.14 Signage 3-21
3.14.15 Lighting and Illumination 3-21
3.14.16 Layout of Waste Disposal System 3-21
3.15 Safe Design Criteria 3-22
3.16 Institutional Arrangements 3-22
3.17 Grievance Redress Mechanism/Complaint Handiling System 3-23
3.18 Estimated Project Cost 3-24
4 Baseline Study of Project Area 4-1
4.1 The Project Area of Impact 4-19
4.2 Physical Environment 4-19
4.2.1 Geography 4-19
4.2.2 Geology and Soil 4-19
4.2.3 Seismicity 4-20
4.2.4 Land Use 4-21
4.2.5 Water Resources 4-22
4.2.6 Climate and Air Quality 4-24
4.2.7 Ambient Air Quality 4-25
4.2.8 Noise Level 4-25
4.2.9 Minerals 4-25
4.2.10 Physical Cultural Heritage 4-26
4.3 Biological Environment 4-26
4.3.1 Habitat Types 4-26
4.3.2 Fauna 4-27
4.3.3 Flora 4-29
4.3.4 Protected Areas 4-31
4.3.5 Endangered Species 4-31
4.3.6 Forest 4-31
4.4 Social Environment 4-32
4.4.1 Social Setting 4-33
4.4.2 Population 4-33
4.4.3 Community/Social Structure 4-35
4.4.4 Poverty Status 4-36
4.4.5 Industries and Livelihoods 4-37
4.4.6 Education 4-39
4.4.7 Political Parties 4-40
4.4.8 Marriages 4-40
4.4.9 Social and Administrative Organization 4-41
4.4.10 Religious Beliefs 4-41
4.4.11 Conflict Resolution 4-42
4.4.12 Custom of Carrying Fire Arms 4-42
4.4.13 Role, Position and Status of Women 4-42
4.4.14 Migration 4-43
4.4.15 Housing 4-43
4.4.16 Services and Amenities Available in the Area 4-45
4.4.17 Transport and Accessibility 4-46
4.4.18 Health 4-46
5 Analysis of Alternatives 5-1
5.1 Road Alternatives 5-1
5.1.1 No Project Option 5-1
5.1.2 Project Road to Follow Exactly the Existing Route with No Alteration 5-2
5.1.3 Project as Proposed in Feasibility with Alterations Where Necessary 5-3
5.2 Logistic Sites 5-3
5.2.1 Location of Contractor’s Facilities on Public Land 5-3
5.2.2 Siting of Contractor’s Facilities on Private Lands 5-4
5.2.3 Siting the Contractor’s Facilities at Appropriate Site, be it Public Land or Private Land 5-5
5.3 Labor 5-5
5.3.1 All Labor Local 5-5
5.3.2 All Labor from Outside 5-6
5.3.3 An Admixture of Local and Outside Labor as per Skill Required 5-6
5.4 Summary of Alternatives 5-7
6 Stakeholder Consultations 6-1
6.1 General 6-1
6.2 Identification of Stakeholders 6-1
6.3 Stakeholder Consultation Process 6-1
6.4 Primary Stakeholders Consultation 6-2
6.4.1 Topics for Discussion 6-3
6.4.2 Outcomes of Consultations 6-3
6.5 Secondary Stakeholder Consultations 6-4
6.5.1 Consultation with NGOs 6-4
6.5.2 Consultation with EPA Khyber Pakhtunkhwa (KP) 6-4
6.5.3 Consultation with Pak- EPA 6-5
6.6 Land Acquisition and Resettlement–Related Concerns 6-5
6.7 Addressing Stakeholders Concerns 6-5
7 Environmental Impact Assessment and Mitigation Measures 7-1
7.1 Potential Impact Sources 7-2
7.2 Explanation of the Impact Assessment 7-7
7.2.1 Soil and Landscape 7-7
7.2.2 Location of Labor Camps, Material Depots, Equipment Yards and Approach Roads 7-9
7.2.3 Oil Spills from Construction Machinery 7-10
7.2.4 Earthen Embankments or Concrete Work, Edge Scouring 7-11
7.2.5 Impact of Borrowing Material from Earth Borrow Sites and Stone Quarrying 7-11
7.2.6 Water Resources 7-11
7.2.7 Contamination of Soil and Water 7-13
7.2.8 Releases to Air 7-14
7.2.9 Noise and Vibrations 7-15
7.2.10 Ecology and Biodiversity Disturbance 7-16
7.2.11 Acquisition of Private Assets and Compensation 7-17
7.2.12 Increased Risk of Accidents Caused by Partial Closure of Road during Construction 7-17
7.2.13 Safety and Health Hazards 7-18
7.2.14 Restricted Mobility of Local Population 7-19
7.2.15 Gender Issues 7-19
7.2.16 Social Conflicts and Employment of Locals on the Project 7-20
7.2.17 Rise in the Prices of Essential Commodities 7-20
7.2.18 Use of Local Water Supplies and Other Common Resources 7-21
7.2.19 Adverse Effects on Archaeological Sites 7-21
7.2.20 Graveyards 7-22
7.2.21 Spread of Communicable Diseases amongst the Project Labor and Adjoining Population 7-22
7.2.22 Recreational Facilities for Public 7-22
7.2.23 Operational and Management Phase 7-23
7.2.24 Socioeconomic Impacts on the Overall Project Area 7-23
8 Environmental and Social Management Plan (Phase I) 8-1
8.1 General 8-1
8.2 Mitigation through Avoidance of Adverse Impacts by Suitable Design 8-1
8.3 Tender and Construction Phase 8-1
8.3.1 Impact Reduction Measures 8-1
8.3.2 Pre–Tender Conference 8-3
8.3.3 Pre-Construction Coordination Meeting 8-3
8.4 Operational Phase - Management of Operational Impact 8-3
8.5 Management of Social Impacts 8-4
8.6 Environmental Mitigation and Monitoring Plan (EMMP) 8-4
8.7 Visits / Inspection Authorization 8-5
8.8 ESMP Implementation Arrangements 8-6
8.8.1 Institutional Arrangements 8-6
8.8.2 Management Responsibility 8-7
8.8.3 Summary of Finances for Various Agencies 8-8
8.8.4 Reporting and Supervision 8-9
8.9 Mitigation Plans 8-10
8.10 Environmental Monitoring 8-25
8.10.1 Compliance Monitoring 8-25
8.10.2 Effects Monitoring 8-25
8.10.3 Third Party Monitoring 8-25
8.10.4 Checklists for Environmental Monitoring 8-25
8.11 Environmental and Social Trainings 8-30
8.12 Environmental and Social Management Budget 8-30
8.13 Recommendations 8-31
8.13.1 Avoidance 8-31
8.13.2 Contractor’s Obligations 8-31
8.13.3 Social Frame Work Agreement (SFA) 8-35
8.13.4 Social Frame Work Agreement 8-36
8.13.5 Operational Manual 8-39
9 Environmental Management Plan (Phase II) 9-1
9.1 General 9-1
9.2 Mitigation through Avoidance of Adverse Impacts by Suitable Design 9-1
9.3 Tender and Construction Phase 9-2
9.3.1 Impact Reduction Measures 9-2
9.3.2 Pre-Tender Conference 9-3
9.3.3 Pre-Construction Coordination Meeting 9-4
9.4 Operational Phase – Management of Operational Impact 9-4
9.5 Management of Social Impacts 9-4
9.6 Environmental Mitigation and Monitoring Plan (EMMP) 9-4
9.7 Visits / Inspection Authorization 9-5
9.8 ESMP Implementation Arrangements 9-6
9.8.1 Institutional Arrangements 9-6
9.8.2 Management responsibility 9-7
9.8.3 Summary of Finances for Various Agencies 9-8
9.8.4 Reporting Supervision 9-9
9.9 Mitigation Plans 9-10
9.10 Environmental Monitoring 9-25
9.10.1 Compliance Monitoring 9-25
9.10.2 Effects Monitoring 9-25
9.10.3 Third Party Monitoring 9-25
9.10.4 Checklist for Environmental Monitoring 9-25
9.11 Environmental and Social Trainings 9-30
9.12 Environmental and Social Management Budget 9-30
9.13 Recommendations 9-31
9.13.1 Avoidance 9-31
9.13.2 Contractor’s Obligations 9-31
9.13.3 Social Frame Work Agreement (SFA) 9-35
9.13.4 Social Frame Work Agreement 9-36
9.13.5 Operational Manual 9-39
10 References 10-1
Annexures 1
Annexure 1: Flora of FATA 1
Annexure 2: Socio-Economic Indicators of FATA 5
Annexure 3: Checklists for ESMP 8
Annexure 4: Survey Instruments 14
List of Tables and Figures
List of Tables
Table 1.1: Road Packages and Lengths for the Proposed Package 1-6
Table 1.2: Environmental and Social Assessment Process 1-8
Table 2.1: Selected NEQS for Waste Effluents 2-16
Table 2.2: NEQS for Industrial Gaseous Emissions 2-17
Table 2.3: National Environmental Quality Standards for Ambient Air 2-18
Table 2.4: NEQS for Motor Vehicles Exhaust and Noise for In-use Vehicles 2-19
Table 2.5: NEQS for Motor Vehicles Exhaust and Noise for New Diesel Vehicles, Passenger Cars and Light Commercial Vehicles (g/Km) 2-19
Table 2.6: NEQS for Motor Vehicles Exhaust and Noise for New Diesel Vehicles, Heavy Duty Diesel Engines and Large Goods Vehicles (g/Kwh) 2-20
Table 2.7: NEQS for Motor Vehicles Exhaust and Noise for New Petrol Vehicles (g/km) 2-20
Table 2.8: National Standards for Drinking Water Quality 2-21
Table 2.9: National Environmental Quality Standards for Noise 2-22
Table 3.1: Package Details and Road Lengths 3-1
Table 3.2: Main Technical Indicators of Geometrical Design 3-5
Table 3.3: Key Drainage Features / Structures 3-8
Table 3.4: Estimated Works and Work Features 3-14
Table 3.5: Estimated Construction Material Requirement 3-14
Table 3.6: Raw Material Availability 3-15
Table 3.7: Estimated Machinery Requirement 3-16
Table 3.8: Estimated Requirement for Equipment and Installations 3-16
Table 3.9: Illustrative Distribution of Labor 3-17
Table 3.10: Construction Team and Personal for the Proposed Project 3-18
Table 3.11: Proposed Camp Sites for Project Roads 3-19
Table 4.1:Land Utilization Statistics 4-21
Table 4.2: Water Resources in the Project Area 4-22
Table 4.3: Mean Monthly Temperature, Precipitation, and Relative Humidity Recorded at Kohat Station 4-25
Table 4.4: Annually Minerals Extracted from the FATA Region 4-26
Table 4.5: Fauna of Tribal Areas of Pakistan 4-28
Table 4.6: Common Flora in FATA 4-30
Table 4.7: Land Use and Forest Area in FATA and Project Agencies 4-31
Table 4.8: Villages/Settlements in the Project Area 4-33
Table 4.9: Population Data for Bajaur and Orakzai 4-35
Table 4.10: Age/Gender Distribution in the Project Area 4-36
Table 4.11: Major Tribes/Clans in Bajaur Agency Project Area 4-37
Table 4.12: Major Tribes/Clans in Orakzai Agency Project Area 4-37
Table 4.13: Income and Landholding in the Project Area 4-38
Table 4.14: Livelihoods in the Project Area 4-39
Table 4.15: Education Facilities in the Project Area 4-40
Table 4.16: Literacy Rate and Enrollment in the Project Area 4-41
Table 4.17: Housing Data in the Project Area 4-45
Table 4.18: Services and Amenities Available in the Area 4-47
Table 4.19: Roads in the FATA Region 4-47
Table 4.20: Health Facilities and Coverage in the Project Area 4-48
Table 4.21: Major Ailments and Prevalence Reported in the Project Area 4-48
Table 4.22: Sanitation Facilities in the Project Area 4-49
Table 6.1: Summary of Public Consultations 6-2
Table 7.1: Summary of Evaluated Significant Environmental Impacts 7-1
Table 7.2: Evaluation of Environmental and Social Impacts 7-4
Table 8.1: Minimum Monitoring Plan 8-5
Table 8.2: Environmental Impacts during Construction Phase 8-12
Table 8.3: Social Impacts 8-20
Table 8.4: Operational Phase 8-26
Table 8.5: Effects Monitoring Plan 8-28
Table 8.6: Environmental and Social Trainings 8-30
Table 8.7: Cost Estimates for Environmental Management 8-31
Table 9.1: Minimum Monitoring Plan 9-5
Table 9.2: Environmental Impacts during Construction Phase 9-12
Table 9.3: Social Impacts 9-20
Table 9.4: Operational Phase 9-26
Table 9.5: Effects Monitoring Plan 9-28
Table 9.6: Environmental and Social Trainings 9-30
Table 9.7: Cost Estimates for Environmental Management 9-31
List of Figures
Figure 1.1: Project Area 1-3
Figure 1.2: Project Surroundings for Bajaur Agency 1-4
Figure 1.3: Project Surroundings for Orakzai Agency 1-5
Figure 3.1: Typical Cross-Section in Rolling Terrain and Built-up Areas 3-6
Figure 3.2: Typical Cross-Section in Mountainous Terrain and ECSCarpment Areas 3-7
Figure 3.3: Plan for Culverts for the Proposed Project 3-9
Figure 3.4: Sections for Road Side Covered Drain 3-10
Figure 3.5: Pictorial View of Project Road 3-12
Figure 3.6: Land Use beside the Start Point of the Project Road 3-12
Figure 3.7: A View of the Proposed Road at KM. 5+000 3-12
Figure 3.8: Another View of the Proposed Road at KM. 8+000 3-12
Figure 3.9: A View of the Proposed Road at KM. 10+000 3-13
Figure 3.10: Proposed Road Condition at KM. 12+000 3-13
Figure 3.11: View of the Proposed Road at KM. 15+000 3-13
Figure 3.12: Another View of the Proposed Road at KM. 18+000 3-13
Figure 4.1: Environmental Settings of the Project Area in Bajaur Agency 4-2
Figure 4.2: Environmental Settings of the Project Area in Orakzai Agency 4-3
Figure 4.3: Environmental Setting of Bajaur Agency Phase 1 Kharkano to Kulala Road, Length 20 Km. 4-4
Figure 4.4: Environmental Setting of Orakzai Agency Phase1 Dargi to Shamim Jan Killi Road, Length 2 Km. 4-5
Figure 4.5: Environmental Setting of Orakzai Agency Phase1 Dargai to Sharo Doghal Road, Length 2 Km. 4-6
Figure 4.6: Environmental Setting of Orakzai Agency Phase1 Largri Tan to Dop Sana Road, Length 2 Km. 4-7
Figure 4.7: Environmental Setting of Orakzai Agency Phase1 Palosia to Hakim Kalli Khawari Road, Length 3 Km. 4-8
Figure 4.8: Environmental Setting of Bajaur Agency Phase2 Dag Qilla Bypass Road, Length 3 Km. 4-9
Figure 4.9: Environmental Setting of Bajaur Agency Phase2 Bado to Serisar Road, Length 20 Km. 4-10
Figure 4.10: Environmental Setting of Orakzai Agency Phase2 Dara Ghari to Sangrani Road, Length 2 Km. 4-11
Figure 4.11: Environmental Setting of Orakzai Agency Phase2 Kadda Bazar to Aso Khel Khapa Road, Length 2 Km. 4-12
Figure 4.12: Environmental Setting of Orakzai Agency Phase2 Kalaya to Saboora Khel Road, Length 4 Km. 4-13
Figure 4.13: Environmental Setting of Orakzai Agency Phase2 Sam Feroz Khel to Dara Ghari Road, Length 3 Km. 4-14
Figure 4.14: Environmental Setting of Bajaur Agency Phase2 Shukrata to Pampokha Road, Length 3 Km. 4-15
Figure 4.15: Environmental Setting of Bajaur Agency Phase2 Tangi Adda to Bagori Bridge Road, Length 4.5 Km. 4-16
Figure 4.16: Environmental Setting of Bajaur Agency Phase2 Loia Kanda to Ghalishah Road, Length 3 Km. 4-17
Figure 4.17: Environmental Setting of Bajaur Agency Phase2 Shagai to Karkanai Charmang Road, Length 2 Km. 4-18
Figure 4.18: Cropped Fields in the Project Area 4-21
Figure 4.19: An Operation Tube Well in the Project Area 4-24
Figure 4.20: Brick Lined Water Channel for Irrigation 4-24
Figure 4.21: A Typical Dense Settlement in FATA 4-45
Figure 4.22: Settlement with Agricultural Land in FATA 4-45
Figure 8.1: Organogram for Implementation of ESMP 8-10
Figure 9.1: Organogram for Implementation of ESMP 9-11
Introduction
This document presents the Environmental and Social Impact Assessment (ESIA) of the construction and operation of fifteen stretches of road in the Orakzai and Bajaur agencies of the Federally Administered Tribal Areas (FATA), Pakistan. The proposed project has been divided into four packages: package 1 is comprised of one road in Bajaur and four roads in Orakzai, package 2 entails two roads in Bajaur and 4 roads in Orakzai, package 3 and Package 4 each consists of two stretches of road in Bajaur. The project will be implemented in two phases; Phase I includes Package 1 only, whereas packages 2, 3 and 4 constitute Phase II of the proposed project.
The document also includes the Environment and Social Management Plans (ESMPs) one each for the two phases of the project (the details of the phases are explained later in Section 1.3). The proposed project is called the FATA Emergency Rural Roads Project (FATA ERRP) and is assisted by the World Bank administered Multi Donor Trust Fund for Khyber Pakhtunkhwa, FATA and Baluchistan.
1 The Study Objectives
The ultimate objective of the study is to make the project environmentally responsible and socially acceptable. The specific objectives of this study can be identified as follows:
• To collect the baseline data on physical, biological and socio–economic conditions of the project area using primary as well as secondary sources.
• To carryout environmental and social assessment, including the supporting administrative and legal framework of the proposed road infrastructure.
• To identify mitigation measures for the potential environmental impacts
• To propose institutional responsibilities and methods of monitoring the mitigation measures and monitoring procedures.
• To prepare the Environmental and Social Management Plan.
2 Project Overview
The Government of Pakistan (GoP) through the Work & Service Department intends to develop road infrastructure in the Bajaur and Orakzai agencies of FATA. Both these agencies are in dire need of development as they have been greatly affected by political structure and militancy.
For this purpose the FATA Work & Service Department has applied for financing from the MTDF to help respond to the post conflict situation by carrying out emergency building of priority rural roads infrastructure in FATA. Given the crisis situation prevailing in FATA the main focus of first set of priorities is the improvement of pedestrians and vehicular access to some of poorest neighborhoods especially in mountainous and escarpment terrain of Bajaur and Orakzai Agencies of FATA.
This ambitious road development project comprises the construction of 75.5 Km. of rural roads out of which 55.5 km. are located in Bajaur Agency and 20 km. lie in Orakzai Agency. The roads development shall improve connectivity within the Bajaur and Orakzai Agencies as well as with neighboring areas of FATA.
Although about 20 km. length of roads are located in rolling terrain of Bajaur and Orakzai Agencies, the major length of project roads i.e. 55.5 km. lie in rugged mountainous terrain as well as escarpment areas with steep gradients and sharp, serpentine horizontal curves.
The project lies in FATA where there is no formal department i.e. an Environmental Protection Agency, exists for regulating environment matters and issues. Prior to the 18th Amendment in the Constitution of Pakistan the Federal EPA or the EPA of KP were authorized for issuance of environment related approvals for FATA. The jurisdiction of Federal EPA is now limited only to the capital territory and other matters of national concern. The legal authority of the KP EPA for granting approvals in FATA is not clearly documented. Therefore, the NOC issuing authority for this ESIA has to be identified by the FATA Secretariat. At this moment establishment of an environmental office within the FATA Secretariat is under process.
3 Project Area
The project area is defined as the geographical region where the environmental and social impacts of the proposed project, both during construction and operation are likely to occur. For this ESIA and ESMP, the project area is defined as the area located within 2 km of either side of the proposed roads as the proposed roads are not located within any ecologically sensitive, archaeologically significant or socially and culturally important area. It is therefore expected that the environmental and social impact of the proposed project on the project areas would be fairly temporary and would mainly occur during the construction phase. Maps of the project area and the project surroundings are presented as Figures 1.1, 1.2 and 1.3.
[pic]
Figure 1.1: Project Area
[pic]
Figure 1.2: Project Surroundings for Bajaur Agency
[pic]
Figure 1.3: Project Surroundings for Orakzai Agency
4 Implementation
The project proponents will carry out the project in two phases, I and II. Phase I, comprises of a stretch of road totaling 29 km. Out of which 20 km would be located within the Bajaur Agency whereas the remaining 9 km in Orakzai agency. Phase II consists of a total of 46.5 km of roads, out of which 35.5 km is located in Bajaur and 11 km in Orakzai agencies. The road packages for the proposed project are presented in Table 1.1.
Table 1.1: Road Packages and Lengths for the Proposed Package
|Pkg. |Bajaur |Orakzai |Total Length |
| | | |(km) |
| |Road Section |Lgth. |Road Section |Lgth. | |
| | |(km) | |(km) | |
| | | |Dargai to Shamim Khel |2 | |
| | | |(33°43'48.96"N 70°53'40.50"E) | | |
| | | |Largri Tan to Dop Sana |2 | |
| | | |(33°43'48.90"N 70°54'3.29"E) | | |
| | | |Palosia to Hakim Killi |3 | |
| | | |(33°44'8.76"N 70°56'37.00"E) | | |
| |Sub Total |20 |Sub Total |9 |29 |
|2 |Dak Qilli By-Pass |3 |Kada Bazaar to Aso Khel Khapa |2 | |
| |(34°43'54.31"N 71°31'38.85"E) | |(33°43'51.95"N 70°52'13.97"E) | | |
| |Bado to Serisar Blacktop |20 |Sam Feroz Khel to Dara Ghari |3 | |
| |(34°42'10.45"N 71°39'24.03"E) | |(33°46'36.93"N 70°57'58.89"E) | | |
| | | |Dara Ghari to Sangrani |2 | |
| | | |(33°46'46.67"N 70°57'43.83"E) | | |
| | | |Kalaya to Saboora |4 | |
| | | |(33°44'42.31"N 70°56'25.06"E) | | |
| |Sub Total |23 |Sub Total |11 |34 |
|3 |Shukrata to Pampokha |3 | | | |
| |(34°48'0.69"N 71°39'5.20"E) | | | | |
| |Tangi Adda to Bagori Bridge |4.5 | | | |
| |(34°42'28.72"N 71°21'0.22"E) | | | | |
| |Sub Total |7.5 |Sub Total | |7.5 |
|4 |Loia Kanda to Ghalishah |3 | | | |
| |(34°48'35.29"N 71°39'39.29"E) | | | | |
| |Shagai to Karkanai Charmang |2 | | | |
| |(34°44'29.03"N 71°18'56.17"E) | | | | |
| |Sub Total |5 |Sub Total | |5 |
| |Grand Total |55.5 |Grand Total |20 |75.5 |
The responsibility and ownership for the implementation and operation of the World Bank assisted FATA ERRP is with the FATA Works & Service Department that have procured the services of Associated Consulting Engineers (Pvt.) Ltd. (ACE) for the Detailed Engineering Design, Economic Feasibility Study and preparation of PC–I
5 Basic Features of the Proposed Project
The scope of work of the FATA ERRP comprises of detailed engineering design, economic feasibility studies and the preparation of PC–I for the 75.5 km length roads in Bajaur and Orakzai agencies. The proposed project entails following activities:
i. Inventories of roads and existing infrastructure
ii. Collection of existing traffic pavement structure data (where available)
iii. Field topographic survey (Traverse and Leveling)
iv. Soil investigation along the proposed road alignments
v. Hydrological and hydraulic studies
vi. Traffic forecasts
vii. Design of pavement structure
viii. Highway geometric design, preparation of plan, profile and general drawings
ix. Design of cross drainage structure and preparation of structural drawings
x. Tender documents, bill of quantities and cost estimates
xi. Preparation of PC–I
6 Study Methodology
The purpose of this ESIA is to ensure that the proposed project complies with all national environmental and social legislations as well as the environmental and social guidelines of the World Bank. However, the jurisdiction of the legal framework of Pakistan does not extend to the FATA as this region is recognized as a semi-autonomous region. As a result, the guidelines for conducting environmental assessments are not binding on projects implemented in FATA. However, in the absence of any specific FATA based regulations, this ESIA has been conducted as per the national environmental regulations and guidelines.
Conducting this ESIA in the project area was a challenging task mainly due to the deteriorating law and order situation and other tribal norms and cultural ethos associated with the region. Experts from other parts of Pakistan are not allowed to conduct field related activities in the region due to precarious security situation, local expertise in the field of environmental and social impact assessment is rarely available. As a result, locals from the project area were brought to Islamabad. They were trained in the data collection and surveying techniques for ESIA studies and subsequently sent to field for data collection and holding the primary stakeholder consultations.
Secondary data on the specific environmental resources of the project area is limited as there is no real precedence of such rural infrastructure projects in the region requiring ESIA studies. As a part of this ESIA study, primary and secondary data was collected through field surveys, public consultations and literature review. For social data of nearby communities, a structured survey was conducted. For Rapid Rural Survey of the area another questionnaire was used. For information on any resettlement issues, a separate stand-alone study has been carried out, and its key findings will be submitted separately.
1 Environmental Assessment Process
The environmental and social assessment was carried out according to the process shown in Table 1.2.
Table 1.2: Environmental and Social Assessment Process
|Phase |Activities |Status |Responsibility |
|Screening and Scoping |Reconnaissance and initial site visit and |Carried out during the present |Construction Supervision |
| |consultations, identification of issues & |ESIA |Consultants (CSC) |
| |applicable safeguard policy, categorization| | |
| |and working out an action plan. | | |
|ESMP Preparation |Draft ESMP including SFA |Carried out during/prepared as |CSC |
| | |part of the present ESIA | |
|Disclosure and SFA |Disclosure of Draft ESMP and SFA |Pending till final approval of |Works and Services |
|Agreement | |project. Draft SFA ready |Department and communities |
| | | |assisted by CSC |
| |Signing of SFA |Pending till the commencement |Works and Services |
| | |of the project. |Department and communities |
| | | |assisted by CSC |
|Final EMP |Final version of ESMP produced |Included in the present ESIA. |CSC |
|Implementation and |Monitoring and Reporting on Environmental |Will be carried out during |XEN, CSC |
|Monitoring |and Social Mitigation |construction and operational | |
| | |phase. | |
2 Field Surveys
A well-trained local team of four experts carried out the field survey. They collected the relevant environmental data and also undertook a two-phase stakeholder consultation program, as described below.
Phase–I comprised of the meetings and discussions with local and regional officials. These meetings were helpful in achieving multiple and diverse objectives such as:
• Provision of forum for the initial definition of critical environmental issues.
• Establishment of their interpretation as official stakeholders, the key sector development issues and linkage to the environmental and social development.
• Confirmation of the suitability of initial list of communities selected for consultation.
Phase–II involved the understanding of the program through semi–structured discussion in communities of the project area of influence. The program included both community consultations and discussions with the Tribal Development Network (TDN), a local network of organizations working in 7 agencies and 6 frontier regions and having 62 local CBOs and NGOs as its members in the project area.
7 Project Classification
The project only involves construction of several roads totaling to 75.5 km in an area with little environmental and/or social sensitivity. As per the World Bank’s Operational Policies it is a Category “B” project.
8 The Report Structure
This ESIA document is structured as follows:
Chapter - 1: Introduction containing general information about the project and process of carrying out the study.
Chapter - 2: Legislative and Policy Framework describes the policy, laws and regulations governing this ESIA.
Chapter - 3: The Project Description describes overall details of the proposed activities to be carried out under the two phases of this project.
Chapter - 4: The Baseline Study gives information on physical, biological and social conditions collected through survey of the project area.
Chapter - 5: Analysis of Alternatives describes and analyses various alternatives to establish the feasibility of the modernization and construction of the proposed road infrastructure.
Chapter - 6: Public Consultation and Disclosure explains the process of public consultation and disclosure of the report at the District Council Office as well as important public library(s). It makes this document a legal public document.
Chapter - 7: Environmental and Social Impact Assessment identifies various environmental and social impacts and their suggested mitigations. This provides the basis for the Environment and Social Management Plan.
Chapter – 8 and 9: Environment and Social Management Plan (ESMP) contains comprehensive prescriptions regarding environmental and social impacts and their mitigation. This also includes institutional arrangements and Environmental Management Monitoring Plan. This chapter is included in the Tender as well as the Contract Document. A draft Social Framework Agreement (SFA) has also been suggested.
Legal, Regulatory, Policy Framework and Protocols
This chapter outlines the environmental and social legislation, standards, codes of practice and protocols governing this ESIA and the project. The purpose of this ESIA is to ensure that the proposed project complies with all national environmental and social legislations as well as the environmental and social requirements of the World Bank. The jurisdiction of the legal framework of Pakistan does not extend to FATA region where the project is to be executed. This region is controlled through a special regulation called the Frontier Crimes Regulation (FCR) and is recognized as a semi-autonomous region. As a result the national guidelines for conducting environmental assessments are not directly binding on projects implemented in FATA. However, this ESIA has been conducted as per the national environmental regulations and guidelines in accordance with Section 12 of the Pakistan Environmental Protection Act 1997.The project at the same time has to conform to the operational manuals of the donor and the environmental safeguards provided therein.
1 Pakistan legal requirements
The following sections summarize the environmental and social obligations arising from Pakistan’s environmental, highways, water, labour and health and safety legislation.
1 Environmental legislation
The subject of ‘environmental pollution and ecology’ is included in the constitution of Pakistan, enabling both the national and provincial governments to enact laws on the subject. The Ministry of Climate Change regulates the environment and wildlife at the national level, with two organizations primarily responsible for administering the provisions of the Pakistan Environmental Protection Act 1997 (PEPA 1997), namely:
• Pakistan Environmental Protection Council (PEPC), which oversees the functioning of the Pakistan Environmental Protection Agency with representatives from the government, industry, non-governmental organizations and the private sector; and
• Pakistan Environmental Protection Agency or EPA (established in 1984), which is the primary implementing agency ensuring compliance with National Environmental Quality Standards (NEQS), establishing monitoring and evaluation systems, and both identifying the need to and initiating legislation when necessary.
Significant work on developing environmental policy was carried out in the late 1980s, which culminated in the Pakistan National Conservation Strategy in 1992. Provincial environmental protection agencies were established at about the same time and the NEQS were established in 1993. The national EPA is authorized to delegate powers to its provincial counterparts. With the enactment of PEPA in 1997, broad-based enforcement powers were conferred to the national and provincial EPAs[8].
1 National Conservation Strategy
The Pakistan National Conservation Strategy (NCS) that was approved by the federal cabinet in March 1992, is the principal policy document on environment issues in the country. The NCS outlines the country’s primary approach towards encouraging the sustainable development and management of natural resources. The NCS has 68 specific programs in 14 core areas in which policy investment is considered crucial for preservation of Pakistan’s natural and physical environment. The core areas that are relevant in the context of the project are pollution prevention and abatement concerning biodiversity, supporting land, water and air resources and preservation of the physical cultural heritage.
2 The Pakistan Environmental Protection Act, 1997
The Pakistan Environmental Protection Act, 1997, empowers the Pak-EPA to:
• Develop guidelines for conducting the Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA) studies and procedures for the submission, review and approval of the same.
• Develop environmental emission standards for various parameters such as water and noise.
• Enforce the provisions of the Environment Protection Act 1997 through environmental protection order and environmental tribunals headed by magistrates with wide ranging powers including the right to impose fine for violence against the Environment Protection Act 1997.
Under the provisions of the Environment Protection Act 1997, the Pak-EPA has empowered the four provincial EPAs to manage the environmental concerns of their respective provinces. The provincial EPAs can frame environmental regulations tailored for the requirements of the province provided that these regulations meet or exceed the minimum standards set by Pak – EPA. They are also at time required to review and approve EIAs of all development projects undertaken in the respective province and areas, including those projects which are implemented by federal agencies.
Section 12(1) of PEPA requires that: “No proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an initial environmental examination (IEE) or, where the project is likely to cause an adverse environmental effect, an environmental impact assessment (EIA), and has obtained from the Federal Agency approval in respect thereof.” The Pakistan EPA has delegated the power of review and approval of IEEs and EIAs to the provincial EPAs. A number of supporting rules and regulations relevant to the Project have been promulgated under the PEPA 1997.
The NEQS prescribe effluent and emission limits for various activities and have been amended, in 1995, 2000 and 2010, since they were first promulgated in 1993.
The scope of environmental law implied by the legal definition of ‘environment’ given in PEPA 1997 results in numerous laws enacted since the nineteenth century being classified as environmental laws. These include laws pertaining to forests, water resources, wildlife, land, agriculture, health and town planning. In addition, the Pakistan authorities have issued guideline documents supporting specific pieces of legislation or relevant to a particular industry, for example, the Guidelines for the Preparation and Review of Environmental Reports (GoP 1997) and the Sectoral Guidelines for Environmental Reports: Major Thermal Power Stations (GoP 1997).
3 Regulations for Environmental Assessment
The Pak-EPA Regulations 2000 requires proponent to file an Initial Environment Examination (IEE) report with concerned provincial or federal agency (Pak – EPA). Projects falling under any category specified in schedule the proponent will submit an EIA with the Provincial Agency. Within 10 working days of IEE or EIA having been deposited, the empowered agency will confirm that the document submitted is complete for the purpose of review. During this time should the empowered agency require the proponent for revision, clearly citing those aspects that need further discussion the proponent will carry out necessary revision. Subsequently, the federal agency will make every effort to complete process for an IEE review within 40 days and an EIA within 90 days of filing.
Pak – EPA regulation (SRO 339(1)/2000) states that an IEE is required for federal or provincial projects (except in case of maintenance, rebuilding or reconstruction case) with a total cost of less than 45 million. An EIA on the other hand is required for federal or provincial project (except in the cases of maintenance, rebuilding or reconstruction) with a total cost of 50 million or more. EIAs are also required where projects are to be implemented in environmentally sensitive areas, or are likely to cause adverse environmental effects.
Recognizing that the Pak – EPA has delegated powers to provincial EPAs to enforce the provision of Environment Protection Act 1997, wherever required an EIA must be submitted to the provincial agencies in whose jurisdiction the project falls. In the instant case the EIA will be submitted to Work & Service Department (FATA) implementing the project as the concerned agency.
4 Guidelines for Environmental Assessment
Pak – EPA has published a set of environmental guidelines for preparation and review of environmental reports which include the nature of information to be included in the project. These guidelines have been followed in combination with the World Bank Guidelines, while preparing this report.
5 National Environmental Quality Standards (NEQS)
The National Environmental Quality Standards (NEQs) specify the following standards:
• Maximum allowable contamination of pollutants (32 parameters) in emission and liquid industrial effluents discharged to inland water.
• Maximum allowable concentration of pollutant (16 parameters) in gaseous emission from sources other than vehicles.
• Maximum allowable concentration of pollutants in gaseous emissions from vehicle exhaust and noise emission from vehicles.
• Maximum allowable noise level from vehicles.
• Ambient noise standards
• Ambient air quality standards.
These standards apply to gaseous emissions and liquid effluents discharged by batching plants, asphalt plants, camp sites, construction machinery, and vehicles. The standards for vehicle, noise wastewater and drinking water will apply during the construction as well as operational phase of the project.
These NEQS are presented in Tables 2.1 to 2.9.
2 Water law
Historically and throughout Pakistan, the law links groundwater rights to the surface right holders. The laws on water allocations and use in Pakistan are mostly applicable on water needed for irrigation therefore these are not relevant to the project.
In the last decade, water law in Pakistan has been under review with a draft National Water Policy published in 2003, which identifies the following needs for the regulation of industrial use of water:
• make available and reserve sufficient supplies of water for industry on priority basis to promote industrial development and economic growth; and
• enact legislation to formally allow and define the use of water abstraction licenses and water rates for industrial use.
Historically in FATA, water use is managed according to local customs and practices by the users.
3 Labour and health and safety legislation
The Constitution of Pakistan contains a range of provisions with regards to labour rights, in particular:
• Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour;
• Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions;
• Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone; and
• Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.
Labour law is enforced at both provincial and national levels .The employment agreement must comply with the applicable labour laws. There are various laws containing health and safety requirements including: Factories Act 1934; Provincial Factories Rules; Hazardous Occupations Rules 1963; Provincial Employees Social Security Ordinance 1965; Workmen’s Compensation Act 1923 and Dock Laborers Act 1934.No single comprehensive piece of legislation deals with occupational or community safety and health.
4 International law
International law pertinent to the environment and sustainable development comprises:
• customary international law, which results from general and consistent practice followed by states out of a sense of legal obligation;
• judicial decisions of international courts and tribunals, and the teachings of highly qualified jurists, including articles by eminent lawyers decisions of the International Law Commission and other United Nations Organizations, decisions of the conference of parties to a treaty and also decisions and directives of the European Union; and
• treaties (the term “treaty” encompasses “agreements, covenants, conventions, pacts, protocols, and statutes”) that are generally intended to be implemented through enactment and enforcement of laws at national levels.
5 Customary law
Several declarations profoundly influence accepted international approaches to environmental management and sustainable development. Declarations are generally not immediately legally binding, but can acquire the force of international customary law if they continue to express an international consensus that states adhere to over time. Those that influence environmental management and sustainable development are listed below in order of their relative importance to these fields.
• The 1992 Declaration on Environment and Development (or “Rio Declaration) - the Rio Declaration and Agenda 21, which were both products of the 1992 United Nations Conference on Environment and Development, effected the introduction and/or revision of environmental legislation in countries throughout the world resulting in the ESIA process becoming established as a key tool for environmental decision making. According to the United Nations Environment Programme or UNEP (UNEP 2005), many of the Rio Declaration principles are acquiring the force of international customary law, including: transparency, public participation and access to information and remedies; precaution, prevention of environmental harm and polluter pays principles; and good governance.
• The 1972 Declaration on the Human Environment (or “Stockholm Declaration”) –Principle 21 (repeated in Principle 2 of the Rio Declaration) has the status of customary law and asserts that States have responsibility to ensure activities within their jurisdiction or control do not cause damage to the environment of other States.
• The 1948 Universal Declaration of Human Rights - the principles contained in this Declaration are considered as international customary law and do not require signature or ratification by the state to be recognized as a legal standard (UNEP 2005).
• The 1998 Declaration on Fundamental Principles and Rights at Work - requires both states and businesses to observe International Labour Organisation (ILO) Conventions that are of fundamental importance from a human rights perspective. These conventions pertain to: freedom of association, collective bargaining, and industrial relations; forced labour; elimination of child labour and protection of children and young persons; and equality of opportunity and treatment/ elimination of discrimination in respect of employment and occupation.
There are also two conventions of the United Nations Economic Commission for Europe (UNECE) considered to have global significance, even though they are only regional in scope. These are:
• the UNECE Convention on Environmental Impact Assessment in a Trans-boundary Context (Espoo 1991), which sets an international precedent on transboundary impact assessment and public involvement; and
• the UNECE Convention on Access to Information, Public Participation in Decision Making and Access to Justice in International Environmental Matters (Aarhus 1998, entered into force 2001), which is considered to be of global importance as an elaboration of Principle 10 of the Rio Declaration.
6 Judicial decisions
No specific judicial decisions of relevance to the project were identified.
7 Treaties
Pakistan follows the “dualist” approach whereby legislation is required to give effect to international treaties and conventions to which Pakistan is a party, failing which they do not have the force of law in Pakistan (Shehla Zia and others v. WAPDA (PLD 1994 Supreme Court 693; SGS Societe Generale v. Pakistan 2002 CLD 790).
In the context of international law related to the environment, Section 31 of the Pakistan Environmental Protection Act 1997, read with the schedule thereto, provides that the Federal Government may make rules for carrying out the purposes of that Act including rules for implementing the provisions of the following international environmental agreements:
• International Plant Protection Convention, Rome, 1951;
• Plant Protection Agreement for the South-East Asia and Pacific Region (as amended), Rome1956;
• Agreement for the Establishment of a Commission for Controlling the Desert Locust in the Eastern Region of its Distribution Area in South-West Asia (as amended), Rome, 1963;
• Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Ramsar, 1971 and its amending Protocol, Paris, 1982;
• Convention Concerning the Protection of World Cultural and Natural Heritage (World Heritage Convention), Paris, 1972;
• Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Washington, 1973;
• Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 1979;
• Convention on the Law of the Sea, Montego Bay, 1982;
• Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985;
• Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal, 1987 and amendments thereto;
• Agreement on the Network of Aquaculture Centres in Asia and the Pacific, Bangkok, 1988;
• Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, Basel, 1989;
• Convention on Biological Diversity, Rio De Janeiro, 1992; and
• United Nations Framework Convention on Climate Change, Rio de Janeiro, 1992.
Of the 25 United Nations treaties on human rights listed in the United Nations Treaty Series, nine have been signed by Pakistan. The nine treaties concern: genocide; racial discrimination; economic, social and cultural rights; apartheid; discrimination against women; and the rights of a child.
Workplace conventions promulgated by the ILO (International Labor Organization), an agency of the United Nations, are treaties subject to ratification by member states. According to the ILO, Pakistan has ratified 34 of the ILO conventions of relevance to Pakistan (ILO 2008).The ILO Indigenous and Tribal Peoples Convention 1989 (No. 169), is considered relevant to the Project due to the tribal nature of the local communities. It requires the adoption of special measures to protect and preserve the environment of indigenous and tribal people. It contains numerous references to lands, resources and the environmental of indigenous people.
2 The World Bank Safeguard Policies
The World Bank is the donor for this project. Therefore, it is obligatory for the project proponents, Work and Service Department FATA, to abide by the World Bank safeguard policies, which are discussed below:
1 Environmental Assessment (OP 4.01)
The World Bank requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making.[9]The OP defines the EA process and various types of the EA instruments.
The proposed project consists of activities that have environmental and social consequences, including:
• Deterioration of air quality,
• Water contamination and consumption,
• Damage to top soil, land erosion,
• Safety hazard.
Since none of the potential impacts of the project are likely to be large scale, unprecedented and/or irreversible, the project has been classified as Category B, in accordance with OP 4.01. Furthermore, the present environmental and social assessment has been carried out in accordance with this OP, to identify the extent and consequences of these impacts, and to develop an ESMP for their mitigation.
2 Involuntary Resettlement (OP 4.12)
The WB’s experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks.[10]
The overall objectives of the Policy are given below.
• Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.
• Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.
• Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
The resettlement impacts of the project will be managed in accordance with this OP and a Resettlement Action Plan will be prepared.
3 Forestry (OP 4.36)
The objective of this Policy is to assist the WB’s borrowers to harness the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development, and protect the vital local and global environmental services and values of forests.
Based on the field surveys of phase 1 of the project and satellite imagery for the project area none of the project components would be located inside any forested areas. Hence the OP 4.36 is not triggered.
4 Natural Habitat (OP 4.04)
The conservation of natural habitats, like other measures that protect and enhance the environment, is essential for long-term sustainable development. The Bank therefore supports the protection, maintenance, and rehabilitation of natural habitats and their functions.[11]
All of the proposed project components would be located in areas where the natural habitat has already been significantly modified, as a result of road construction and associated activities. Therefore the OP 4.04 is not triggered for the proposed project.
5 Pest Management (OP 4.09)
Through this OP, the WB supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides. This OP is not relevant since the Project does not involve purchase or use of pesticides or fertilizers.
6 Safety of Dams (OP 4.37)
The Policy seeks to ensure that appropriate measures are taken and sufficient resources provided for the safety of dams the WB finances. However this OP is not relevant since the proposed project does not involve construction of dams.
7 Projects on International Waterways (OP 7.50)
This OP defines the procedure to be followed for projects the WB finances that are located on any water body that forms a boundary between, or flows through two or more states. However, no project components will be located on any such waterways; hence this OP is not triggered.
8 Cultural Property (OP 4.11)
The World Bank’s general policy regarding cultural properties is to assist in their preservation, and to seek to avoid their elimination. The specific aspects of the Policy are given below. [12]
• The Bank normally declines to finance projects that will significantly damage non-replicable cultural property, and will assist only those projects that are sited or designed so as to prevent such damage.
• The Bank will assist in the protection and enhancement of cultural properties encountered in Bank-financed projects, rather than leaving that protection to chance. In some cases, the project is best relocated in order that sites and structures can be preserved, studied, and restored intact in situ. In other cases, structures can be relocated, preserved, studied, and restored on alternate sites. Often, scientific study, selective salvage, and museum preservation before destruction is all that is necessary. Most such projects should include the training and strengthening of institutions entrusted with safeguarding a nation’s cultural patrimony. Such activities should be directly included in the scope of the project, rather than being postponed for some possible future action, and the costs are to be internalized in computing overall project costs.
• Deviations from this policy may be justified only where expected project benefits are great, and the loss of or damage to cultural property is judged by competent authorities to be unavoidable, minor, or otherwise acceptable. Specific details of the justification should be discussed in project documents.
• This policy pertains to any project in which the Bank is involved, irrespective of whether the Bank is itself financing the part of the project that may affect cultural property.
Since the project activities will be carried out along an existing road, it is unlikely that any sites of cultural, archeological, historical, or religious significance will be affected. However, in case of discovery of any such sites or artifacts during the project implementation, the work will be stopped at that site. The provisions of this Policy will be followed. Additionally, the provincial and federal archeological departments will be notified immediately, and their advice sought before resumption of the construction activities at such sites.
9 Indigenous People (OP 4.10)
For purposes of this policy, the term “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees:[13]
• self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;
• collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;
• customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and
• an indigenous language, often different from the official language of the country or region.
The OP defines the process to be followed if the project affects the indigenous people.
No indigenous people with a social and cultural identity distinct from the dominant society that makes them vulnerable to being disadvantaged in the development process – are known to exist in the two FATA agencies. Therefore this OP is not triggered.
However if such groups are identified during the project implementation, the proponents will develop an Indigenous People Development Plan, in compliance with the OP and get it approved by the Bank.
10 Projects in Disputed Areas (OP 7.60)
Projects in disputed areas may raise a number of delicate problems affecting relations not only between the Bank and its member countries, but also between the borrower and one or more neighboring countries. In order not to prejudice the position of either the Bank or the countries concerned, any dispute over an area in which a proposed project is located is dealt with at the earliest possible stage.
The Bank may proceed with a project in a disputed area if the governments concerned agree that, pending the settlement of the dispute, the project proposed for country A should go forward without prejudice to the claims of country B.[14]
This OP is not triggered since no part of the project area in FATA is located in any disputed territory.
11 Disclosure
Following the National Laws on Access to information and the World Bank’s Policy on Access to Information of July 2010, this ESIA will be shared with all relevant agencies, works and services department FATA, concerned nongovernmental organizations, and development partners. Subsequently, the ESIA and Urdu translation of its executive summary (in the form of a brochure) will be disclosed by the Works and Services Department, FATA to the project affected persons/concerned communties, and also made available at the websites of GoP, FATA Secretariat and the relevant line departments. Copies of ESIA will also be sent to Federal EPA, KP EPA and placed in the offices of W&S department and agency offices to facilitate easy access to the public and concerned communities. It will also be made available at the World Bank’s project specific InfoShop.
3 Other Related Statutes and Laws
This section outlines statutes apart from Pakistan Environment Protection Act, 1997, which are relevant to this project. Apart from The Constitution of Pakistan, 1973 and Frontier Crimes Regulations, 1901 none of the statutes and laws mentioned below are directly applicable to FATA, but President of Pakistan is empowered to issue regulations under The Constitution of Pakistan:
1 The Constitution of Pakistan 1973
It contains concurrent legislative powers to federation and provinces to legislate in respect of environment and ecology (Article 142(b), Clause 24). Any gaps in the environmental law can be referred to National as well as the provincial assembly for passage of an appropriate law. Under the Constitution, FATA is included among the territories of Pakistan (Article 1). It is represented in the National Assembly and the Senate but remains under the direct executive authority of the President (Articles 51, 59 and 247). Laws framed by the National Assembly do not apply here unless so ordered by the President, who is also empowered to issue regulations for the peace and good government of the tribal areas. Currently, FATA continues to be governed primarily through the Frontier Crimes Regulation 1901. It is administered by Governor of the KP in his capacity as an agent to the President of Pakistan, under the overall supervision of the Ministry of States and Frontier Regions in Islamabad.
2 Frontier Crimes Regulations 1901
The Frontier Crimes Regulations 1901, popularly known as FCR is one of major component of the administrative system of justice in Tribal Areas. The judicial system in FATA is a hybrid colonial-era legal framework that mixes traditional customs and norms with executive discretion. The regulations do not specifically provide any environment related directives, but it outlines the administrative setup and the judicial system in the area. Additionally it is the supreme law in FATA and other civil and criminal laws are not extended to the area. It serves all purposes both of procedural as well as substantive law. Neither criminal procedure code (Cr.,P.C) nor civil procedure code (C.P.C) or law of evidence is applicable. No right of appeal to the High Court or Supreme Court exist under the provisions of these regulations. Until 1997, the Commissioner acted as a provisional court but in 1997 it was amended and turned into appellate forum and the powers of revision of the Commissioner’s verdict were given to the tribunal consisting of secretaries of Home and Law Department. But all these belong to the same executive and are usually hand in glove for all practical purposes.
Though FCR is the primary source of judicial system in FATA, but over a hundred national, local and specific laws stand extended to FATA including such enactments as The Pakistan Penal Code and The Criminal Procedure Code which are the two major laws of Pakistan, The Evidence Act, the various Hadood Ordinances, The Custom Act, The Foreigners Act, The Control of Narcotics Substances Act, The Arms Act, The Companies Act, The Passport Act, The Pakistan Army Act, The Defence of Pakistan Ordinance, The Representation of the People Ordinance, etc..
3 Pakistan Penal Code (PPC)
It treats pollution and destruction of ecology as a mischief and makes it a public offence. The PPC further prohibits corrupting and fouling water, any public spring, reservoir or river or rendering it less fit for the purpose for which it is ordinarily used.
4 The Drainage Act 1973
The Act binds the public water users to restore the environment of the water bodies, should there be any damage by the community in any way.
5 Local Government Ordinance 1979
The ordinance empowers Zila Councils to control environmental pollution by preparing and implementing appropriate schemes to protect air, water and land in their respective jurisdictions.
6 The West Pakistan Fisheries Act 1961
The Fisheries Act requires protection of public waters as habitat of fish and other aquatic life. This supports the Provincial Fisheries Department to effectively protect the fish and other aquatic life in water streams nearby the roads. Fish and small aquatic life is food to a good number of birds as well as a protein supply to local people.
7 The Forest Act 1927
The Act provides full protection to the reserved forests as well as to wildlife habitats. The Act also prohibits certain acts in protected forests.
8 The Antiquities Act 1976
The Act provides full protection and safety to archives, monuments, physical cultural heritage or chance finds and binds communities to cooperate, collaborate and report to the archaeological department.
9 The Public Health (Emergency Provision Act 1954 read with West Pakistan Epidemic Control Act 1958) Act
These two laws cover the preservation of human health by prohibition of any disease, safeguarding the public health and providing and maintaining adequate medical services and other services essential to the health of communities in the project area. Protection against HIV/AIDS and infectious diseases like Cholera and Hepatitis B in labor camps would come under the same preview.
10 Explosive Act 1884
Under the Explosive Act 1884, the Project Contractors are bound by regulation on properly and securely handling, transporting and using explosives during quarrying, blasting and any other purpose. A prior notice has to be given to local public and road users in collaboration with Resident Engineer.
4 Interaction with Other Agencies
The roads in this project are responsibility of Work & Service Department (FATA) on behalf of the FATA Administration. The Work & Service Department (FATA) is therefore responsible for ensuring the implementation, controlling and monitoring of the environmental concerns of the road at preconstruction, construction and the operational stage. In doing so, the Work & Service Department (FATA) will have interactions with a large number of organizations and government departments. Some of those are as follows:
1 FATA Secretariat
The FATA Secretariat is the main administrative body for the FATA region dealing with administration, finance, law & order, planning & development, projects and social welfare. In Pakistan all issues pertaining to land use and land ownership are a provincial subject. In FATA for the rural roads, the Works and Services Department (W&SD) through Political Agents of concerned agencies is empowered to carry out the acquisition of private land or any built up property for public purposes after paying compensation as per the agreed rates or practice in vogue in other settled areas[15]. For making a double road, straightening the curves, making diversions, establishing labor camps and setting up machinery yards some temporary land acquisition and resettlement of families may have to be undertaken.
2 Political Agents
The FATA region is administered by political agents (PA). Each agencies PA is assisted by a number of assistant political agents, tehsildars (administrative head of a tehsil) and naib tehsildars (deputy tehsildar), as well as members from various local police (khassadars) and security forces (levies, scouts). As part of administrative functions, the political agent oversees the working of line departments and service providers. PA is responsible for handling inter-tribal disputes over boundaries or the use of natural resources, and for regulating the trade in natural resources with other agencies or the settled areas.
The political agent plays a supervisory role for development projects and chairs an agency development sub-committee, comprising various government officials, to recommend proposals and approve development projects. He also serves as project coordinator for rural development schemes. In this supervisory role PA is the primary authority in implementation and overall supervision of the ESIA
3 Federal EPA
Principally the Federal EPA would monitor the process and implementation of the ESIA.
4 Departments of Forestry, Wildlife and Fisheries
The Forest Department KP initiated forestry activities in FATA during 1976 with subsequent creation of FATA Forest Circle in 1991. The department is headed by conservator forest with divisional officer forest in each agency. Additionally there is Department of Fisheries for FATA headed by a director and each agency has an assistant director. It is expected that project implementation will require a limited clearances of vegetation or trees in the right-of-way (RoW) of the road. Also no major impact is going to be caused to any wildlife or fisheries present in the project area. But it is possible that while making diversions, establishing machinery yards or setting up labor camps, these departments come in contact and a No-objection Certificate (NoC) from them becomes necessary. Also during resettlement the assessment of compensation for trees will have to be endorsed by the local Forest Department.
5 Local Government and Municipalities
The directorate of Local Government and Rural Development (LG & RD) is headed by a director with representatives, Assistant Directors, in each agency. The directorate has access to communities at the grassroots level and works closely with the elders, maliks, counselors and PA of the respective agencies. The department is attached with the office of the Political Agents in the respective agencies, therefore all projects are undertaken through the Political Administration (the PA also acts as the project director of the local government schemes). If during resettlement or mitigating an environmental hazard, a conflict situation may emerge, it will become necessary for the project proponents to contact the union council, local government and / or municipalities.
6 Levies/Scouts
To cool down any law and order situation and to ensure security assistance from the scouts and the levies may be necessitated. It is advisable that these departments are pre–alerted about the security requirements.
5 Conventions, Protocols, Agreements and Understandings at International Level
On international level Pakistan is a signatory to a number of conventions, agreements, protocols and understandings. Not all of these may be directly applicable to this project but most important of these are listed below for any possible reference.
• Convention on Biological Diversity popularly called the Earth Charter (1992)
• Convention on wetlands of international importance especially wetland habitats (Ramsar 1971).
• Convention on conservation of Migratory Species of Wild Animals (Bonn 1979) a follow up of Ramsar 1971.
• ILO convention No. 62 regarding ergonomic limitation of labor.
6 International Federation of Consulting Engineers (FIDIC) Clauses
Keeping in view the national laws and international obligations, specific steps are taken to mitigate the adverse impacts while processing the detailed design, tender document and carrying out the monitoring and evaluation of the work of the contractor. Following FIDIC clauses are invariably provided in a standard construction contract like this project.
• Clause 8.2: Site operation and methods of construction.
• Clause 19.1: Safety, Security of Environment in general (including biota).
• Clause 27.1: Fossils
• Clause 42.1: Possession of site and access thereto (for life forms)
• Clause 42.3: Right of ways and facilities in the project area
The Work & Service Department (FATA) will ensure that the above FIDIC clauses are appropriately reflected in the tender document(s), bid documents and the contract document(s).
Table 2.1: Selected NEQS for Waste Effluents
|Parameter |Unit |Standards (maximum allowable limit) |
|Temperature increase |(C |< 3 |
|pH value (acidity/basicity) |pH |6/9 |
|5-day biochemical oxygen demand (BOD) at 20 °C |mg/l |80 |
|Chemical oxygen demand (COD) |mg/l |150 |
|Total suspended solids |mg/l |200 |
|Total dissolved solids |mg/l |3,500 |
|Grease and oil |mg/l |10 |
|Phenolic compounds (as phenol) |mg/l |0.1 |
|Chloride (as Cl) |mg/l |1,000 |
|Fluoride (as F) |mg/l |10 |
|Sulfate (SO4) |mg/l |600 |
|Sulfide (S) |mg/l |1.0 |
|Ammonia (NH3) |mg/l |40 |
|Cadmium |mg/l |0.1 |
|Chromium (trivalent and hexavalent) |mg/l |1.0 |
|Copper |mg/l |1.0 |
|Lead |mg/l |0.5 |
|Mercury |mg/l |0.01 |
|Selenium |mg/l |0.5 |
|Nickel |mg/l |1.0 |
|Silver |mg/l |1.0 |
|Total toxic metals |mg/l |2.0 |
|Zinc |mg/l |5.0 |
|Arsenic |mg/l |1.0 |
|Barium |mg/l |1.5 |
|Iron |mg/l |8.0 |
|Manganese |mg/l |1.5 |
|Boron |mg/l |6.0 |
|Chlorine |mg/l |1.0 |
Notes:
1. The standard assumes that dilution of 1:10 on discharge is available. That is, for each cubic meter of treated effluent, the recipient water body should have 10 m3 of water for dilution of this effluent.
2. Toxic metals include cadmium, chromium, copper, lead, mercury, selenium, nickel and silver. The effluent should meet the individual standards for these metals as well as the standard for total toxic metal concentration.
Source: Government of Pakistan (2000) (SRO 549 (I)/2000).
Table 2.2: NEQS for Industrial Gaseous Emissions
|Parameter |Source of Emission |Standards (maximum allowable limit) |
|Smoke |Smoke opacity not to exceed |40% or 2 Ringlemann Scale or |
| | |equivalent smoke number |
|Particulate matter 1 |(a) Boilers and furnaces: | |
| |i. Oil fired |300 |
| |ii. Coal fired |500 |
| |iii. Cement Kilns |300 |
| |(b) Grinding, crushing, clinker coolers and related |500 |
| |processes, metallurgical processes, converters, blast | |
| |furnaces and cupolas | |
|Hydrogen Chloride |Any |400 |
|Chlorine |Any |150 |
|Hydrogen fluoride |Any |150 |
|Hydrogen sulphide |Any |10 |
|Sulphur Oxides 2, 3 |Sulfuric acid/Sulphonic acid plants |5,000 |
| |Other Plants except power Plants operating on oil and coal|1,700 |
|Carbon Monoxide |Any |800 |
|Lead |Any |50 |
|Mercury |Any |10 |
|Cadmium |Any |20 |
|Arsenic |Any |20 |
|Copper |Any |50 |
|Antimony |Any |20 |
|Zinc |Any |200 |
|Oxides of Nitrogen 3 |Nitric acid manufacturing unit |3,000 |
| |Other plants except power plants operating on oil or coal:| |
| |i. Gas fired |400 |
| |ii. Oil fired |600 |
| |iii. Coal fired |1,200 |
Explanations:
1. Based on the assumption that the size of the particulate is 10 micron or more.
2. Based on 1% sulphur content in fuel oil. Higher content of sulphur will cause standards to be pro-rated.
3. In respect of emissions of sulphur dioxide and nitrogen oxides, the power plants operating on oil and coal as fuel shall in addition to NEQS specified above, comply with the standards provided separately.
4. Units are in mg/Nm3 unless otherwise stated
Source: Government of Pakistan (2000) (SRO 549 (I)/2000).
Table 2.3: National Environmental Quality Standards for Ambient Air[16]
|Pollutants |Time-Weighted |Concentration in Ambient Air |Method of Measurement |
| |Average | | |
| | |Effective from1st July |Effective from | |
| | |2010 |1st January 2013 | |
| |24 hours** |120 µg/m3 |120 µg/m3 | |
|Oxides of Nitrogen as (NO)|Annual Average* |40 µg/m3 |40 µg/m3 |Gas Phase ChemiluminescCence |
| |24 hours** |40 µg/m3 |40 µg/m3 | |
|Oxides of Nitrogen as |Annual Average* |40 µg/m3 |40 µg/m3 |Gas Phase Chemiluminescence |
|(NO2) | | | | |
| |24 hours** |80 µg/m3 |80 µg/m3 | |
|Ozone (O3) |1 hour |180 µg/m3 |130 µg/m3 |Non dispersive UV absorption |
|Suspended Particulate |Annual Average* |400 µg/m3 |360 µg/m3 |High Volume Sampling, (Average |
|Matter (SPM) | | | |flow rate not less than1.1 |
| | | | |m3/minute). |
| |24 hours** |550 µg/m3 |500 µg/m3 | |
|Respirable Particulate |Annual Average* |200 µg/m3 |120 µg/m3 |β Ray absorption |
|Matter. PM10 | | | | |
| |24 hours** |250 µg/m3 |150 µg/m3 | |
|Respirable Particulate |Annual Average* |25 µg/m3 |15 µg/m3 |β Ray absorption |
|Matter. PM2.5 | | | | |
| |24 hours** |40 µg/m3 |35 µg/m3 | |
| |1 hour |25 µg/m3 |15 µg/m3 | |
|Lead (Pb) |Annual Average* |1.5 µg/m3 |1.0 µg/m3 |ASS Method after sampling using |
| | | | |EPM 2000 or equivalent Filter |
| | | | |paper |
| |24 hours** |2.0 µg/m3 |1.5 µg/m3 | |
|Carbon Monoxide (CO) |8 hours** |5 mg/m3 |5 mg/m3 |Non Dispersive Infra-Red (NDIR) |
| |1 hour |10 mg/m3 |10 mg/m3 | |
* Annual arithmetic mean of minimum 104 measurements in a year taken twice a week 24 hourly at uniform interval.
** 24 hourly /8 hourly values should be met 98% of the in a year. 2% of the time, it may exceed but not on two consecutive days.
Source: Government of Pakistan (2010) (SRO 1062 (I)/2010).
Table 2.4: NEQS for Motor Vehicles Exhaust and Noise for In-use Vehicles[17]
|Sr. No. |Parameter |Standard (Maximum Permissible Limit) |Measuring Method |Applicability |
|2 |Carbon Monoxide |6% |Under idling conditions: Non-dispersive | |
| | | |infrared detection through gas analyzer. | |
|3 |Noise |85 dB (A). |Sound meter at 7.5 meters from the source. | |
Table 2.5: NEQS for Motor Vehicles Exhaust and Noise for New Diesel Vehicles, Passenger Cars and Light Commercial Vehicles (g/Km)
|Type of Vehicle |Category/Class |Tiers |
|Noise |85 dB (A) |Sound meter at 7.5 meters from the source. |
Table 2.6: NEQS for Motor Vehicles Exhaust and Noise for New Diesel Vehicles, Heavy Duty Diesel Engines and Large Goods Vehicles (g/Kwh)
|Type of Vehicle |Category/ Class |Tiers |
|Noise |85 dB (A) |Sound meter at 7.5 meters from the source. |
Table 2.7: NEQS for Motor Vehicles Exhaust and Noise for New Petrol Vehicles (g/km)
|Type of Vehicle |Category / Class |Tiers |
|Noise |85 dB (A) |Sound meter at 7.5 meters from the source |
Explanations for Table 2.4 to 2.7:
DI: Direct Injection
IDI: Indirect Injection
EUDCL: Extra Urban Driving Cycle
NEDC: New Urban Driving Cycle
M: Vehicles designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver's seat
N: Motor vehicles with at least four wheels designed and constructed for the carriage of goods.
* New model means both model and engine type change
** The existing models of petrol driven vehicles locally manufactured will immediately switch ever to Pak-II emission standards but not later than 30th June, 2012
Source: Government of Pakistan (2009) (SRO 72 (KE)/2009).
Table 2.8: National Standards for Drinking Water Quality[18]
|Properties/Parameters |Standard Values for Pakistan |
|Bacterial | |
|All water intended for drinking (E. Coli or Thermo tolerant |Must not be detectable in any 100 ml samples |
|Coliform bacteria) | |
|Treated water entering the distribution system (E. Coli or |Must not be detectable in any 100 ml samples |
|thermo-tolerant coliform and total coliform bacteria) | |
|Treated water in the distribution system (E. Coli or thermo |Must not be detectable in any 100 ml samples |
|tolerant coliform and total coliform bacteria) |In case of large supplies, where sufficient samples are examined, |
| |must not be present in 95% of the samples taken throughout any 12- |
| |month period. |
|Physical | |
|Color |≤15 TCU |
|Taste |Non objectionable/Accept able |
|Odor |Non objectionable/Accept able |
|Turbidity |< 5 NTU |
|Total hardness as CaCO3 |< 500 mg/l |
|TDS |< 1000 |
|pH |6.5 – 8.5 |
|Chemical | |
|Essential Inorganic |mg/Liter |
|Aluminum (Al) |≤0.2 |
|Antimony (Sb) |≤0.005 (P) |
|Arsenic (As) |≤ 0.05 (P) |
|Barium (Ba) |0.7 |
|Boron (B) |0.3 |
|Cadmium (Cd) |0.01 |
|Chloride (Cl) | ................
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