Somalia: Environment and Social Impact Assessment Consultant

Aug 10, 2018 | Committed to Good Global
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CTG support and manage humanitarian projects in fragile and conflict-affected countries around the world. With past performance in 15 countries – from the Middle East, Africa, Europe, Asia and Central and South America – we offer a holistic fabric of project management, implementation and support. Skilled in emergency response to crises such as the Ebola outbreak in West Africa, we have the ability to act quickly (crisis response teams can be on the ground in 24 hours) and to establish structured operations in high-risk environments. CTG recruit and manage qualified, skilled teams with extensive experience operating in challenging conditions.

Overview of position       

Our Client is to serve people in need by expanding the ability of the United Nations, governments and other partners to manage projects, infrastructure and procurement in a sustainable and efficient manner. With over 7,000 personnel spread across 80 countries, our client offers its partners the logistical, technical and management knowledge they need, wherever they need it. AfDB contracted our client to implement the Somalia: Strengthening Institutions for Public Works Project (SSIPWP) that primarily focuses on capacity development and organizational change of the Federal Government of Somalia (FGS)’s Ministry of Public Works Reconstruction and Housing (MPWRH) and relevant Public Works State Ministries. The Project started implementation in March 2017 with a budget of approximately US$8 million.

The MPWRH —which is mandated to ensure that Somalia has good and well maintained public infrastructure and an effective and efficient management thereof —, will assume the responsibilities for executing the activities of the Somalia Regional Corridors Infrastructure Programme (SRCIP) which has received grant pledges from the African Development Bank (AfDB) and several partners. The SRCIP that is under the auspices of the AfDB’s administered Multi-Partner ‘Somalia Infrastructure Fund’ (SIF) will be implemented over a 65-month period, from 2018 to 2023 in Galmudug, Hirshabelle, Jubaland and Puntland regions of Somalia. The Programme has the strategic objectives to improve: (i) the management of the road sector through technical assistance and capacity building; and (ii) transport connectivity for road users through road rehabilitation works.

To successfully implement the SRCIP, the MPWRH will need to be strategically positioned, staffed and resourced.  In line with the ongoing MPWRH staff capacity strengthening initiatives by the AfDB under the auspices of SSIPWP, there has arisen an immediate need to reinforce the capacity of MPWRH to undertake Environmental and Social Impact Assessments (ESIA) and Resettlement Action Plans (RAP) for road rehabilitation projects across the country, and on a priority basis, the following roads: Belet Weyne-Galkayo paved road (90 km, 7.3m wide); Galkayo-Garowe paved road (85 km, 7.3m wide); Luuq, Ganane-Dolow earthen road (80 km, 7.3m wide); and Galkayo-Hobyo gravel feeder road (100 km, 3.65m wide).

In view of the above, and using funds secured from the AfDB through the SSIPWP, our client is seeking to recruit an Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) Specialist, who will be embedded within  the MPWRH, to lead in the development of ESIA and RAP for the priority roads identified above, while reinforcing the Ministry’s capacity to undertake similar studies for other road rehabilitation projects across the country.

Role objectives

The Federal Government of Somalia (FGS) is in the process of developing a more effective, efficient and affordable public service to the benefit of the Somali people. This includes reforms in the MPWRH (comprising among others, structures, systems, procedures and staff capacities) for enhanced public service delivery and accountability, for example realized through realigning departments based on core functions such as Financial, Monitoring and Evaluation (M&E), Works and Operations, Human Resources and Procurement, to mention a few. In additinon, the FGS aims to foster inclusive and sustainable economic growth by working closely with the private sector and by creating an enabling environment for the private sector to thrive.

The objective of the ongoing SSIPWSP is to develop, through the leadership of MPWRH, the Public Works sector to have (i) stronger policy, planning and regulatory institutions and framework; (ii) improved service and facilities and compliance with international and national accepted standards; and (iii) greater capacity for construction and maintenance.

The Environmental and Social Impact Assessments (ESIA) and Resettlement Action Plans (RAP) Specialist will work in, and with the staff of the MPWRH, and in liaison with our client advisor to develop ESIA and RAP reports for priority roads that are earmarked for rehabilitation across the country, while building the capacity of the MPWRH to conduct ESIA and RAP assessments, prepared related reports, and monitor the implementation of ESIA and RAP report recommendation.

As part of the MPWRH, He/She will plan, prepare, and ensure high-quality ESIA and RAP reports jointly with other assigned MPWRH staff, including the Environment, Health and Safety Engineer, among other technical and support staff, while liaising closely with the AfDB Environmental and Safeguards personnel, client Advisor, and engineering consultants and/or firms that will be recruited to undertake feasibility studies, designs, tender assistance, and supervision of civil works for road rehabilitation projects.

The ESIA and RAP Specialist’s will also spearhead capacity development of MPWRH to undertake ESIA and RAP studies and monitor the implementation of ESIA and RAP recommendations. The Specialist is, therefore, expected to transfer knowledge and know-how to MPWRH staff throughout His/Her assignment (‘Training of Trainers’, facilitate learning by doing etc.) and where feasible, through hands-on couching during field missions.

Specific objectives of the assignment include:

• Identify and assess the potential environmental and social impacts for the following roads: Belet Weyne-Galkayo road; Galkayo-Garowe road; Luuq, Ganane-Dolow road; and Galkayo-Hobyo road[1].
• Recommend enhancement measures for positive environmental and social impacts and mitigation measures for the negative environmental and social impacts.
• Prepare appropriate Resettlement Action Plans (RAPs) for the assigned projects for approval by the Minister, MPWRH.
• Develop Environmental and Social Impact Assessment (ESIA) Guidelines as well as specific ESIA Reports, Environmental and Social Management and Monitoring Plans (ESMMP) among others for review by the MPWRH, clearance by the AfDB, and final approval by the Minister, MPWRH.
• Oversee implementation of the outcomes of the RAPs, ESIAs and ESMMPs by the MPWRH.
• Reinforce the capabilities of MPWRH staff to undertake ESIAs and RAPs and monitor the implementation of outcomes of such assessments, including setting up of an Environmental Safeguards Unit within the MPWRH.
• Design and implement capacity building of MPWRH staff on environmental and social safeguards practices.

Expected output                

In this area, the ESIA and RAP Specialist’s work will involve investigation on aspects related to social and economic activities, conservation of natural resources, historical and anthropological heritages, public consultations and public disclosures. The main tasks include:

• Desk review of available information and reports to form an initial assessment of the geographical, ecological, general layout of roads (including maps) and socio-economic aspects and gathering of initial data.
• An Inception Report detailing the work plan, and the project schedule, and including Scoping Report, ESIA Terms of References (TORs), RAP Methodology, and Tables of Contents for the ESIA and RAP reports, and the proposed capacity building measures must be submitted by the ESIA and RAP Specialist within two (2) weeks after signing of the contract for this assignment.
• Approval by MPWRH of RAP Methodology that the ESIA and RAP Specialist proposes to adopt.
• Stakeholders’ consultations and engagements with the FGS’ MPWRH, Ministry of Finance, Ministry of Planning, local authorities in Galmudug, Hirshabelle, Jubaland, and Puntland, other relevant stakeholders (including federal and regional ministries/agencies in charge of finances, planning, lands, urban/rural development, water, environment, human rights, gender, labour, health, roads, security, affected/ benefiting local communities, etc.), our client, and the AfDB. Outcomes and key concerns emerging from public consultations will be recorded in the ESIA report.  The results of these consultations will be accessible to the concerned stakeholders, including potential Project Affected Persons (PAPs).
• Establishing baseline conditions against which future changes due to project implementation can be monitored. This involves undertaking general and site-specific bio-physical baseline conditions and assessments of the geological, drainage, edaphic, topography, land use patterns, climatic conditions, physical-cultural resources, accident patterns, and auxiliary sites (camps, equipment and material yards, borrow areas, stone quarries water, sand and other materials). Socio-economic baseline assessments will involve data on demographics, potential PAPs, beneficiaries of economic infrastructure, culture and religion, livelihoods and economic activities, housing and settlements, water and sanitation, transport, economic infrastructure use and conditions including maintenance, education, enrolment and literacy indicators, key health indicators (child and maternal health, health units etc.), HIV and AIDS conditions, employment and labour conditions, gender indicators (including gender based violence, sexual  harassment, etc.), children’s rights (including violence against children), other special interest categories like people with disabilities, the elderly, the youths among others, health and safety, potential drivers of fragility with an effect on peace and security, utilities and social infrastructure, existing complementary services to the road rehabilitation projects, among others.
• Identification of pertinent policies, legislative and regulatory frameworks, and standards at the local and the AfDB levels that relate to environmental quality, health and safety, protection of sensitive areas, land use control, and ecological and socio-economic issues of potential PAPs. The ESIA and RAP Specialist will need to outline project activities that ensure compliance with such policies, regulations and standards.
• Detailed assessment and evaluation of the positive and negative, direct and indirect, immediate and long term, and permanent and temporary impacts due to the construction and operation of the roads earmarked for rehabilitation, both, during the construction and future operation. Impacts will be assessed in either qualitative or quantitative terms (or a combination thereof), according to their inherent nature and the availability of adequate data to enable predictive analysis to be undertaken. The ESIA and RAP Specialist should pay special attention to the assessment of cumulative environmental and social impacts. Assessment shall include impacts on the different baseline conditions (environmental and socio-economic) during and after project implementation.
• Recommendation of cost effective and appropriate alternative road re-alignments and locations in light of the current environmental and social circumstances.
• Identification of cost-effective measures to avoid, minimize or mitigate adverse impacts, or to enhance beneficial or positive impacts. The identified project specific and general environmental and social protection measures will be incorporated in the Environmental and Social Management and Monitoring Plan (ESMMP). The ESMMP should outline (a) the exact project activities and their ecological and social impacts, the proposed mitigation measures, the institutional arrangements required for effective implementation of the proposed mitigation measures as well as for effective monitoring of the implementation of the mitigation measures, including time horizons and cost estimates for these activities, (b) recommendations pertaining to the strengthening of the institutions responsible for the implementation of the ESMMP; and (c) relevant monitoring indicators (d) overall costs and (e) principles for mitigation of impacts associated with unforeseen design modifications.
• Prepare Environmental and Social Impact Assessment Reports in accordance with the AfDB Safeguards Policies. The reports shall be in the English Language, clear and concise. The reports have to be in line with international environmental standards and be acceptable to the AfDB and other development partners.  Upon reviews and approvals by the MPWRH, the ESIA and RAP Specialist shall present the reports to the AfDB for publication. There will be four ESMMPs prepared in the ESIA and corresponding Resettlement Action Plans for each of the following:
  • Belet Weyne-Galkayo paved road;
  • Galkayo-Garowe paved road;
  • Luuq, Ganane-Dolow earthen road; and
  • Galkayo-Hobyo gravel feeder road.

Resettlement Action Plan (RAP)

In light of the current activities in the vicinity of the proposed projects, there may be need for compensation to affected properties like structure, crops, and trees as well as securing local social/economic infrastructure. The Resettlement Action Plan (RAP) will therefore be prepared to address this involuntary resettlement, livelihoods as well as compensation issues related to Project Affected Persons (PAPs). In addition, the processes of construction camps and access roads may lead to temporary loss of land and other assets which calls for compensation. RAPs will be carried out as per the international requirements with reference to the AfDB Policies. RAPs cover several elements, including:

• Description of the projects and their locations, covering, Belet Weyne-Galkayo paved road; Galkayo-Garowe paved road; Luuq, Ganane-Dolow earthen road; and Galkayo-Hobyo gravel feeder road.
• Objective of RAP, which is, to identify the project affected persons (PAPs), losses to be incurred, and plan, implement and monitor the appropriate resettlement measures for impacts that result from project activities. Therefore, the RAP will deal with social issues related to land acquisition, loss of economic activities and livelihoods or displacement due to construction of economic infrastructures, Right of Way (RoW) of clearing, setting of temporary camps for workers’ accommodation, equipment storage and construction of access roads to construction sites.
• Socio-economic study, including census of PAPs, land tenure and transfer systems, including an inventory of communal resources, non-title-based land use, land allocation mechanisms, and any issues raised by different tenure systems in the project area. Also to be covered are the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; public infrastructure and social services that will be affected; and social and cultural characteristics of communities to be affected, including a description of formal and informal institutions (e.g., community organizations, and Non-Governmental Organizations, NGOs) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities.
• Review of relevant legal framework. This will cover the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; the applicable legal and administrative procedures, including a description of the remedies available to affected persons in the non-judicial/traditional processes and the timeframe for such alternative dispute resolution mechanisms. Agencies/traditional actors responsible for implementing resettlement activities will need to be identified. International and AfDB policies and standards may need to be brought to bear where there are gaps in local laws/practices covering eminent domain and resettlement mechanisms.
• Identification of institutional framework for implementation of resettlement activities. These include the local employment authorities, community organizations and NGOs that may have a role in project implementation. Capacity of such agencies and NGOs will be examined and proposals to enhance their institutional capacity for resettlement implementation will be made.
• Proposed definition of persons to be affected and relevant criteria for determining their eligibility for compensation and other assistance, including relevant cut-off dates.
• Proposal of the methodology of land/property survey and valuation. The methodology entails valuing losses to affected property to determine their replacement cost; and a description of the proposed types and levels of compensation under local norms/law while taking into account the requirements of AfDB safeguards policy and such supplementary measures as are necessary to achieve replacement cost for lost assets.
• Appropriate survey of all land and assets considered for expropriation. Work with the local authorities who will ensure that the land for economic infrastructure is availed and as such less compensation issues will be expected. Surveying will involve establishing the names and particulars of the affected persons, and areas covered by their plots.
• Conduct detailed valuation of all affected land, properties and livelihoods affected by the project in collaboration with MPWRH, and concerned infrastructure agencies. This will provide the basis for compensation/resettlement of identified project affected persons using procedures approved by the MPWRH. All structures to be affected and PAPs will need to be photographed and thoroughly documented, for easy identification during disclosure and payments.
• Preparation of technically and economically feasible resettlement packages that are compatible with the cultural preferences of the affected persons.
• Identification of alternative relocation sites and proposing institutional and technical arrangements for preparing such site for relocation. New sites should take into account a combination of productive potential, location advantages and other factors comparable to the advantages of the old sites. A time schedule will be designed that takes into account the process of acquiring land and other ancillary resources, site preparation, legal/traditional arrangements, and that minimizes opportunities for influx of ineligible persons at project sites.
• Development of engineering, and architectural designs and plans for social infrastructure (e.g. water supply), and social services (e.g. schools, health services). such facilities should be comparable to host populations.
• Description and assessment of the environmental impacts of the proposed resettlement, and instituting mitigation measures.
• Development of a strategy describing consultation and participation of PAPs and hosts community in the design and implementation of the resettlement activities. The views expressed by the settlers and hosts will need to be described and taken into account in preparing resettlement plans. Institutionalized arrangements of how affected people can communicate their concerns to project authorities will be defined to ensure that the needs of vulnerable groups, including women and girls, are protected.
• Development of measures to mitigate the impact of resettlement on host communities. Host communities, NGOs and local authorities need to be consulted, and arrangements put in place for expeditiously resolving any conflict that may arise between PAPs and host communities, including augmenting services (e.g. education, water, health, and production services) in host communities to make them at least comparable to services available to PAPs.
• Recommendation of affordable and accessible procedures for settlement of disputes arising from resettlement.  The MPWRH and the authorities in Galmudug, Hirshabelle, Jubaland, and Puntland should establish the grievance management committees for each road rehabilitation project as the first point of contact for any grievances. Because of the weak judicial systems in Somalia, community and traditional alternative dispute settlement mechanisms will need to be brought to bear as referral mechanisms. 
• Design of organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the MPWRH’s capacity to design and carry out resettlement activities; provisions for the transfer to local authorities in Galmudug, Hirshabelle, Jubaland, and Puntland or PAPs themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate.
• Development of an implementation schedule covering all resettlement activities from preparation through implementation including target dates for the achievement of expected benefits to PAPs and hosts and termination of the various forms of assistance. The schedule should indicate how the resettlement, livelihood restoration and community development activities are linked to the implementation of the overall project.
• Detailing of cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlements among others.
• Preparation of a time-based schedule for monitoring of resettlement activities by the MPWRH, supplemented by independent monitors as considered. The schedule will have performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities. It will also define the roles of the Federal Member States (FMS, Galmudug, Hirshabelle, Jubaland, and Puntland), the affected persons, local communities and NGOs. Results of interim resettlement monitoring should guide subsequent implementation.

Capacity Building

The ESIA and RAP Specialist will ensure, by the completion date of His/Her assignment, that the MPWRH has a functional Environmental Safeguards Unit that will undertake ESIAs and RAPs and monitor outcomes of related recommendations. In this regard, the MPWRH will ensure that the required resources (office space and facilities, appropriate personnel, and a conducive environment to deliver results) are assigned for such a unit and to work closely with the ESIA and RAP Specialist, including delivering specific tasks assigned by the Specialist.  The ESIA and RAP Specialist will undertake measures to enhance the capabilities of MPWRH staff to undertake ESIAs and RAPs and monitor the implementation of outcomes of such assessments. This entails that the Specialist organizes and delivers at least 4 training sessions of MPWRH staff in ESIA per month. These can be brief capacity development sessions, for example, 2 hours, to explain ESIAs and RAPs (e.g. structures, best practices, lessons learned…) or longer training sessions (e.g. half day or full-day seminar) of deeper technical issues surrounding ESIAs and RAPs. The specific capacity development interventions (number, durations, schedule…) will be discussed and agreed upon with the MPWRH and our client upon commencement of the assignment.” The AfDB, on its part, through its Offices in Nairobi, will provide training and orientation of the ESIA and RAP Specialist to Bank Environment and Safeguards rules and practices at the commencement of the Specialist’s contract and from time to time as need arise.

ESIA and RAP Reports

The ESIA and RAP Specialist will lead the preparation of all reports under this assignment. ESIA and RAP reports shall be fully signed by the ESIA and RAP Specialist and the respective experts at the MPWRH, and infrastructure agencies in Galmudug, Hirshabelle, Jubaland, and Puntland. The submission of the reports shall be made by the Minister of MPWRH under the recommendation of the ESIA and RAP Specialist. The ESIA and RAP reports shall be prepared as self-standing, and separate, documents. Final reports shall follow the approved RAP Methodology, incorporate the comments from the MPWRH, and infrastructure agencies in Galmudug, Hirshabelle, Jubaland, and Puntland and shall be submitted in satisfactory quality, in required numbers and in a CDROM in soft copy the AfDB for a No Objection.

MPWRH Inputs to this Assignment

The ESIA and RAP Specialist will be stationed in the Ministry of Public Works Reconstruction and Housing (MPWRH) - Mogadishu, with travel to all regions of Somalia. The AfDB funded “Somalia: Strengthening Institutions for Public Works Project (SSIPWP), that is managed by our client, will cover the costs of this assignment, including overseas travel of the Specialist, in line with UN-approved rules and regulations. The ESIA and RAP Specialist will work closely with staff nominated by MPWRH (for example, this could be the Environment, Health and Safety Engineer, Property Assessment /Valuation Expert and/or others as deemed most suitable to secure successful completion of the assignment stipulated in this TOR). The MPWRH shall also provide a linkage between the ESIA and RAP Specialist with other Government agencies at both federal and member states levels. The MPWRH will also provide the Specialist with all available reports of any relevant studies, maps and documents pertinent to the proposed assignment. Further, MPWRH will ensure that the ESIA and RAP Specialist has a conducive environment to work in, including office space and facilities and availability of administrative staff.