INTEGRATED SAFEGUARDS DATA SHEET CONCEPT STAGE Report No.: AC1085 Date ISDS Prepared/Updated: March 9, 2005 I. BASIC INFORMATION A. Basic Project Data Country: Rwanda Project Name: Transport Sector Development Project Estimated Appraisal Date: April 14, 2005 Managing Unit: AFTTR Project ID: P079414 Task Team Leader: Kingson Khan Apara Estimated Board Date: July 30, 2005 Lending Instrument: Sector Investment and Maintenance Loan Sector: General transportation sector Theme: Trade facilitation and market (100%) access (P);Rural services and infrastructure (S);Public expenditure, financial management and procurement (S);Decentralization (S);Conflict prevention and post-conflict reconstruction (S) Safeguard Policies Specialists in the task team: Yvette Laure Djachechi, Senior Social Development Specialist (ASPEN); Africa Eshogba Olojoba, Senior Environmental Specialist (ASPEN) Loan/Credit amount ($m.): IDA: 45.0 Other financing amounts by source: ($m) Road Maintenance Fund (RMF) 15 B. Project Objectives 1. The objective of the project is to help the Government implement a new policy to support sustainable road maintenance and improved institutional efficiency. C. Project Description 2. Meeting the numerous challenges in the transport sector requires wide-ranging reforms of the sector to correct the many structural and physical deficiencies observed by previous Banksupported projects and confirmed by other analytical work on the sector. It also requires additional financial commitments from internal and external sources to help rescue the crumbling national road network. The project is a reform-laden operation aimed at addressing some of the deficiencies of the transport system while bridging investment needs and promoting local employment through road improvement works. It would have the following four components: Component 1: Road Rehabilitation and Maintenance (US$ 45 million) 3. This component would absorb about 75% of project resources and would support the Government’s overarching objective of export development by strengthening national sections of the two international road corridors leading to the ports of Mombassa in Kenya and Dar-EsSalaam in Tanzania. It would also promote employment for local entrepreneurs and the rural poor by outsourcing road maintenance to them. The extent of works will be confirmed during preparation based on the outcome of feasibility studies currently financed by the Japanese PHRD grant. This component would comprise the following sub-components: 4. (a) International Trunk Road Rehabilitation: This sub-component would finance rehabilitation works and the supervision of such works on highly damaged sections to be identified from one or more of the following international trunk links: (i) the 88 km KigaliRuhengeri road toward the DRC; (ii) the 80 km link on the Northern Corridor toward the Ugandan boarder; (iii) the 92 km portion from Kayonza to Rusumo on the Central Corridor to Tanzania; and the 154 km link toward Burundi and DRC from Butare to Cyangugu.6 It would also finance the purchase of vehicles for the supervision of the works. 5. (b) Feeder Road Rehabilitation: The sub-component would finance rehabilitation works and the supervision of such works on --- km of earth roads linking key agricultural production centers and factories in the vicinity of the trunk roads to be rehabilitated. These roads will be identified during project preparation and design studies for works on them conducted in the first year of the project. It would also finance the purchase of vehicles for the supervision of the works. 6. (c) Routine Road Maintenance: The sub-component would finance routine maintenance works and the supervision of such works on --- km of the asphalted road network and –- km of earth roads. Its implementation would offer the opportunity to introduce new approaches including the use of multi-year result-based contracts and labor-intensive methods, involving SMEs and local community associations. Details and conditions of involvement will be defined during project preparation based on consultations to be conducted with the help of local NGOs. It would also finance the purchase of road maintenance kits, motor cycles and bicycles for community associations and supervisors involved in labor-intensive road maintenance. Component 2: Institutional Development Support (US$ 11 million): 7. This component would strengthen the management, monitoring and evaluation capacity of road institutions as a means of improving efficiency and accountability in the execution of programs and resource management. It would equally help increase sector responsiveness to the macroeconomic framework supported by the PRSP, the MTEF and NIS, by designing and implementing road investment and programming models to guide decisions in the sector. It would include the following sub-components: 6 These roads have been chosen on the basis of a number of considerations, including (i) their strategic importance to the national economy; (ii) the age of the roads, the extent of damage, and risks of international traffic disruption recorded in recent road assessments sponsored by the European Union and confirmed during the identification mission; (iv) the Government’s priority needs as articulated in the PRSP and reaffirmed during the identification mission; and (v) the need to establish synergy with other development partners 8. (a) Road institutional reforms: It would include international and local technical assistance to (i) help complete the restructuring of the new road agency and the Road Maintenance Fund (RMF), including the preparation of appropriate legislation and operational procedures for the two agencies; and (ii) prepare and oversee the implementation of a strategic framework and an action plan to guide cost-effective road maintenance in the context of Rwanda’s ongoing decentralization process. 9. (b) Sector Planning: This sub-component would finance international and local technical assistance to help build statistical databases, planning and M&E capacity within the new road agency and the new transport planning unit of MININFRA. In this regard, it would help (i) prepare Road Investment and Programming (RIP) models to serve as the basis for road development and financing decisions; (ii) conduct economic, environmental, financial, legal and technical analytical work in support of the RIP models; (iii) provide training to road agency staff in planning, monitoring and evaluation, including in the mastery of the RIP models and other planning tools. It would also finance the purchase of computer hardware and software and vehicles for program planning, monitoring and implementation oversight; 10. (c) Sector Management: This sub-component would finance international and local consultants to (i) prepare performance-based contracts for the new road agency, the RMF, the vehicle inspection center, and the airport management agency, as a means of promoting efficiency and good governance in the sector; (ii) provide training to local entrepreneurs in bid preparation, contract management and work execution; (iii) provide training to community associations in labor-intensive methods related to routine road maintenance; (iv) provide training to sector staff on road management and works supervision techniques; (iv) provide assistance to road agencies in environmental management, including advice on how best to collaborate with Rwanda Environmental Management Agency (REMA). 11. (d) Road safety Management: This sub-component would complete and reinforce road safety dispositions started under the previous Bank-assisted project, including (i) the installation of weigh bridges on major trunks of the asphalted road network, (ii) the restructuring of the vehicle inspection center, (iii) the establishment of an accident database within the department of transport; and (iv) the management of traffic lights in the capital city of Kigali. It would also finance the purchase of road safety equipment. Details about this component will be clarified during project preparation in light with the regional EAC Trade and Transport Project being prepared concurrently with this project7. Component 3: Project Implementation Support (US$ 4 million) 12. The component would help reduce the deficit in human and financial absorption capacity recognized in the public administration of the transport sector, in order to ensure successful As part of Rwanda’s integration in the sub-region, it is expected that the regional project would support all aspects of transport reforms including key transport and road safety legislations, and accompanying structural reforms. Details will be clarified during the preparation of this project and the regional project. 7 implementation of the project. Details of the component will be clarified during project preparation. It would include the following sub-components: 13. (a) Project Implementation Oversight.. This sub-component would finance (i) international and local technical assistance for project financial and technical audits; (ii) project management support; (iii) the training of staff involved in project implementation; (ii) the purchase of office equipment for agencies involved in project implementation. 14. (b) Project Management: This component would finance (i) local and international technical assistance to support project management, including the preparation of project baseline data and the Borrower’s contribution to the ICR; (ii) salaries of project management staff; (iii) operational costs relating to project implementation; and (iii) computer hardware and software for project management; and (v) vehicles for logistical support to project management. D. Project location (if known) 15. Road works under the road component would be located on major highways across the country and the rest of the project would be within the central agencies in the capital city of Kigali Summary of Project Components and Sub-components Cost Implementing Agency (US$m) Road Component 45 Road Agency International Trunk Road Rehabilitation 28 Feeder Roads Rehabilitation 7 Routine Road Maintenance 10 Institutional Development Support 11 MININFRA’s Planning Unit Sector Reforms 1.5 Sector Planning 5 Sector Management 2 Road Safety Management 2.5 Project Implementation Support 4 Project Unit Project Implementation Oversight 2 Project Management 2 Total Project Cost 60 Component E. Borrower’s Institutional Capacity for Safeguard Policies 16. Environment and Social Regulatory Framework: There are few existing laws and decrees relating to environmental matters, such as the Ministerial Order No. 2 of 9/24/2001 relating to the exploitation and management of wetlands in Rwanda. There are also laws on the organization of forests and on land protection, conservation and use. The key legislative framework is the proposed Environment Management and Protection Act (EMPA). This act though in draft, has been recently reviewed by parliament. It was supposed to have been signed by the president in June 2004. The act sets out the general legal framework for environmental protection and management in Rwanda. Article 69/Chapter 4 states that every project shall be subjected to prior EIA before granting it official approval. 17. There are no specific sectoral policies or guidelines on the environment with regards to the transport sector in the country and government ministries are not familiar with Bank’s safeguards policies. 18. The Rwanda Environmental Protection Authority (REMA) is a recently created institution endowed with legal, financial autonomy and executive powers. The Director General has just been appointed and the recruitment for other staff positions has reached advanced stage. REMA will be responsible for the application of the EMPA law. 19. On the social side, there is existing regulation on expropriation (enacted in 1996). Presently, a new law has almost been passed by Parliament. The land department of the ministry of environment is in charge of implementing expropriation and compensation matters in the country. 20. Sectoral Capacity to handle Safeguards issues: The capacity of the ministry of environment to handle safeguards matters is VERY weak. There are no capability to undertake EIA or any other environmental assessment instrument study. There is need for training and institutional strengthening in this ministry; especially in the areas of environmental assessments, environmental laws and policies, satellite remote sensing and geographic information systems (GIS). 21. A new environmental unit will be established within MININFRA before project effectiveness as part of the institutional reforms targeted by this project. Its staff will receive targeted training early enough to meet the first project demands. In addition to overseeing the implementation of the ESMP for the project, the unit’s key role would be coordinating crosssectoral environmental and social issues and ensuring their incorporation in the environmental assessment process. The institutional capacity of the borrower will further be assessed during project preparation and ensuing measures included in the ESMP. The proposed environmental category is B. The category will be reviewed based on the actual scope of the project. 22. An ESMP will be prepared by internationally recruited consultants before appraisal, based on environmental and social impact assessments to be conducted as part of road design studies (see time table in III. C below). A new environmental unit will be established within MININFRA as part of the institutional reforms targeted by this project. II. SAFEGUARD POLICIES THAT MIGHT APPLY Safeguard Policy Applicable? If Applicable, How Might It Apply? [X ] Environmental Assessment (OP/BP 4.01) This SGP is triggered because rehabilitation works could affect trees and vegetation aligning the roads to be rehabilitated. [ X] Natural Habitats (OP/BP 4.04) [] Pest Management (OP 4.09) [X ] [] Involuntary Resettlement (OP/BP 4.12) Involuntary resettlement is not expected but this OP is triggered because environmental and social safeguard studies are not yet completed. Indigenous Peoples (OD 4.20) [] Forests (OP/BP 4.36) [] Safety of Dams (OP/BP 4.37) [] Cultural Property (draft OP 4.11 - OPN 11.03) [] Projects in Disputed Areas (OP/BP/GP 7.60)* [] Projects on International Waterways (OP/BP/GP 7.50) Environmental Assessment Category: [ ] A [X] B [ ] C [ ] FI [ ] TBD (to be determined) 23. The proposed activities are on road rehabilitation and maintenance. The project will not be financing the construction of new roads or the up-grading of roads. There will be little or no impact on erosion, stability of slopes or sedimentation/siltation of rivers. Instead, the rehabilitation of the roads will decrease the erosion rate along the roads compared to existing conditions. 24. Rehabilitation/Maintenance works will not cause effects on the water resources and water quality along the road routes. Besides, along the roads visited, the perennial rivers, which can be used during project activities, are very few and far apart. 25. The impact on natural vegetation associated with operating the quarry and borrow areas, and constructing detour and access road to the borrow material pits and quarry sites, will not be applicable here - - because there will be use of only existing borrow/quarry sites. 26. There are important wildlife and wildlife habitat reported to exists in the project areas, but, the project components will not involve any encroachment into known and designated ecologically sensitive areas, parks and nature reserves; such as, the national park at Nyungwe (along Butare – Cyangugu road) and Volcanoes national park at Ruhengeri. 27. The potential impacts of the project activities upon cultural, religious and historical sites were assessed during the field trips and there are no sites to be directly impacted by road rehabilitation and/or maintenance works. * By supporting the proposed project, the Bank does not intend to prejudice the final determination of the parties' claims on the disputed areas 28. There will be no temporary or permanent loss of agricultural or grazing lands. In addition, the project activities are not going to trigger involuntary resettlement - - by the taking of land. The roads ROWs were cleared and disturbed during construction of existing roads some 20 – 30 years ago. Therefore, the project components will not involve resettlement/displacements of persons. However, existing resettlement policy in Rwanda will be reviewed to ensure that it could accommodate compensations in the remote event that farmland around project sites was affected by road works. 29. The indigenous people in one of the project areas are the Twas. The project activities will not have any impact on them. The road was built more than a decade ago. Thus, new rehabilitation/maintenance works, will not change their culture or their present socio-economic patterns 30. Since the proposed roads have existed for years, the works will not have any radical impacts on women. Instead, rehabilitated/maintained roads with better shoulders and drainage and without dust will make it easier, more comfortable and safer for the rural people to use the roads as pedestrians and/or for local transportation of goods/products. All local people will benefit, most especially women, who are the main users of the roads as pedestrians. 31. Social acceptability of the project will be very high. Both the people living by the road and those using the road for transportation/transitory traffic would see the roads to be rehabilitated and/or maintained to be vital and beneficial to their communities, local business and national economy. 32. Field visits revealed that landslides/rockslides from the top of the hills will remain a potential problem as a result of the geo-technical nature of the areas through which the roads pass. Emphasis should be on timely post-project maintenance activities. III. SAFEGUARD PREPARATION PLAN A. Target date for the Quality Enhancement Review (QER), at which time the PAD-stage ISDS would be prepared. April 2005 B. For simple projects that will not require a QER, the target date for preparing the PAD-stage ISDS. N/A C. Time frame for launching and completing the safeguard-related studies that may be needed. The specific studies and their timing1 should be specified in the PAD-stage ISDS. The procurement process started in August 2004 and studies will commence in November 2004 and be completed by July 2005. 1 Reminder: The Bank's Disclosure Policy requires that safeguard-related documents be disclosed before appraisal (i) at the InfoShop and (ii) in-country, at publicly accessible locations and in a form and language that are accessible to potentially affected persons. The project has been transferred to the sector unit for safeguard review and clearance. The Task team and the Sector Manager accept the safeguard responsibility for this project from now onward. IV. APPROVALS Signed and submitted by: Task Team Leader: Approved by: Regional Safeguards Coordinator: Comments Sector Manager: Comments Kingson Khan Apara Jan. 20, 2005 Thomas E. Walton Feb. 22, 2005 Alain Labeau Oct. 29, 2004