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Contract Document

The document discusses road projects and environmental impact assessments (EIAs) in Ethiopia. It provides background on EIAs, including their history and purpose. EIAs help identify environmental impacts of projects to promote sustainable development. The document outlines Ethiopia's legal framework for EIAs, including requirements in the constitution and proclamations. It also describes the EIA process and challenges in implementation, such as lack of monitoring and capacity. An example of both good and bad EIA practices on hydroelectric projects in Ethiopia is provided.
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0% found this document useful (0 votes)
123 views49 pages

Contract Document

The document discusses road projects and environmental impact assessments (EIAs) in Ethiopia. It provides background on EIAs, including their history and purpose. EIAs help identify environmental impacts of projects to promote sustainable development. The document outlines Ethiopia's legal framework for EIAs, including requirements in the constitution and proclamations. It also describes the EIA process and challenges in implementation, such as lack of monitoring and capacity. An example of both good and bad EIA practices on hydroelectric projects in Ethiopia is provided.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Road Projects and EIA

Implementation in ETHIOPIA
Table of Contents
• Preamble
• General Background about EIA
• Terminologies

• Historical Background of EIA

• Benefits and Misconceptions around EIA

• Policy and Legal framework of EIA in Ethiopia

• EIA processes and procedures in Ethiopia

• Challenges in implementing EIA in Ethiopia (Good & Bad


Experiences)
• Opportunities for Improving the processes of EIA in Ethiopia

• EIA and ERA

• Recommendations and Concluding


Remarks
• STI including HIV/AIDS programs: Case
Preamble
Every organism has the power to modify its environment, but
none has so great a power as the human being.

Development projects generally cause changes to the


environment

Changes (impacts) could be positive where incremental


improvements in the general environmental parameters are
observed or may cause environmental impairments (negative
impacts)

However, such developments need not cause major


environmental damage if the proper measures and analysis are
adopted in the life of the project
Recyclin Recyclin
g g
Goods and Services

Production Factors of production Consumption

ECONOMY

……………………………………………………………………………………………………………………………..

E2: AMENITY
E1: ENERGY and ENVIRONMENT
MATERIAL
E3: WASTE SINK

E4: GLOBAL LIFE SUPPORT SYSTEM

It is the responsibility of every citizen & the our government to work toward win–win
in all their endeavours to satisfy the economic needs.
HOW?
The MAIN purpose of EIA is
just “to LOOK before you
LEAP!”
Terminologies in EIA
Environmental Assessment: the methodology of identifying
and evaluating any impact which results from the
implementation of a proposed action in advance.

Environmental Impact Assessment Report: a report


containing sufficient information to enable the Environmental
Agency to determine whether and under what conditions a
proposed action should proceed.

Environmental & Social Compliance Audit – to assess


whether operations are undertaken in accordance with
regulatory requirements and/or corporate requirements, if
applicable .
Historical Background of EIA

Assisted by scientific discoveries and technological


advancements, humans caused great injury to the environment
during the second half of the 19th century and first half of the
20th

The very first EIA law was adopted in the late 1960s by a US
State.
Historical Background cont…

There are a number of legal instruments with similar concerns.


For example, the principle of the 1972 Stockholm
Declaration has a rationale underlying EIA. This can be
identified in:
•Principle 14: which states: rational planning constituted an
essential tool for reconciling development and environmental
needs.

•Principle 15: Planning must be applied to human settlements


& urbanization with a view to avoiding adverse effects on the
environment & opting maximum social, economic, &
environmental benefits for all.
Reasons for Conducting
EIA

harmonize & integrate environmental, economic,


EIA helps to cultural and social considerations into a decision-
making process in a manner that promotes sustainable
development (UNEP, 1988)

bring administrative transparency & accountability, as


well as to involve the public and, in particular,
EIA helps to communities in the planning of and decision-making
on development which may affect them and their
environment; (UNEP, 1988)
Reasons for Conducting
EIA

ensure the constitutionally guaranteed right of the


EIA helps to people to live in a clean and healthy environment;

ensure that potential problems are foreseen and


EIA helps to addressed at an early stage in the project’s planning
and design. (UNEP, 1988)
Therefore, the aim of EIA is to:
• prevent,
• reduce or
• offset the significant adverse environmental effects
of development proposals, and enhance the positive
ones.
EIA is a PROCESS for decision-making,
NOT a formula for preparing a document.
The MAIN purpose of EIA is
just “to LOOK before you
LEAP!”
Benefits of Implementing
EIA

environmentally sound & sustainable design

better compliance with standards, laws &


regulations

savings in capital and operating costs

reduced time and costs of implementation

increased project acceptance & performance


Benefits of Implementing
EIA cont…

avoid waste treatment/clean up expenses

provides forum for public involvement in the


decision-making process

helps to tap local knowledge in projects

better protection of the environment & human


health
Misconceptions
around EIA

EIA is considered as highly procedural.

EIA is thought to be expensive

EIA is considered as a paper tiger

EIA is considered as anti-development (created by


developed countries to keep the underdeveloped
countries as they are)
Misconceptions
around EIA

The purpose of EIA is NOT to cancel


projects which put pressure on the
environment, but rather help projects to
be pro–active & minimize negative
impacts
Legal and Policy context of Environment in Ethiopia
The concept of sustainable development & environmental
rights are enshrined in article 43, 44 and 92 of the
Constitution of FDRE.

In Article 43 & 44: The Right To Development, and


Environmental Rights:

• improved living standards & to sustainable development,


• participate in national development, in particular, to be
consulted with respect to policies & projects affecting their
community,
• the enhancement of their capacities for development & to
meet their basic needs.
Article 92: Environmental objectives:

1. Government shall ensure that all Ethiopians live in a clean and


healthy environment,

2. Programs and projects design shall not damage or destroy the


environment,

3. Peoples have the right to full consultation and expression of views,


and

4. Government and citizens have the duty to protect the environment.


«Environmental Protection Organs Establishment
proclamation (proc.no. 295/2002)"

stipulated the need to establish a system that enables to foster


coordinated but differentiated responsibilities among environmental
protection agencies at federal and regional levels.

The proclamation has also required the establishment of Sectoral


and Regional Environmental, Units and Agencies, respectively.

This shows that institutionalizing and mainstreaming


environmental concerns has a legal foundation.
The Environmental Impact Assessment Proclamation
(Proc. no. 299/2002)

• made EIA to be a mandatory legal prerequisite for major


development projects/programs

• is a proactive tool and a backbone to harmonizing and


integrating environmental, economic, cultural, and social
considerations into a decision making process in a manner that
promotes sustainable development

•ensures the participation of public & local governments


The "Environmental Pollution Control Proclamation (Proc.
no. 300/2002)“

is promulgated with a view to eliminate or, when not possible


to mitigate, pollution as an undesirable consequence of social
and economic development activities.

This proclamation is one of the basic legal documents, which


need to be observed as corresponding to effective EIA
administration.
The Environmental Policy of Ethiopia (EPE, 1997),
provides the following legally binding requirement:

the need to ensure that EA: (considers impacts on human


and natural environments),

provides for an early consideration of environmental


impacts in projects & programs design,

recognizes public consultation,


includes mitigation plans & contingency plans,

provides for auditing and monitoring,


Screening - to decide if Reporting - to prepare the
and at what level EIA information necessary for
should be applied decision-making

Scoping - to identify the


Review - to check the
important issues and
quality of the EIA report.
prepare terms of
reference
Core EIA
Processes
Impact analysis - to Decision-making - to
predict the effects of a approve (or reject) the
proposal and evaluate proposal and set
their significance conditions

Follow up – to monitor,
Mitigation - to establish manage and audit the
measures to prevent, impacts of project
reduce or compensate for implementation
impacts
Best and Bad EIA Implementation Practice in Ethiopia
Gilgel Gibe I Hydroelectric projects
Bad practices: Gilgel Gibe I hydroelectric project

Abandoned Quarry site at Gilgel Gibe I hydroelectric project


Factors that contributed for the poor performance of EIA

Lack of capacity to monitor the implementations of Environmental


Monitoring/Management Plans (EMPs)

Absence of monitoring system and other specific mechanisms

Absence of active and vibrant private sector who work on the


implementation of EIA issues

Lack of incentives (The EIA Proclamation provides for incentives to be


available for project owners (Article 16)
Factors that contributed for cont …

Lack of awareness about EIA among different stakeholders.


Even those who are put in position to implement the laws (at
Woreda and Zonal levels), do not have sufficient knowledge
about these laws.

Poor linkage between EIA and the project cycle

Weak public participation and lack of specific guideline for the


public participation.
Opportunities for the Effective Implementation of EIA

Available legal instruments such as guidelines, protocols/procedures

Delegation of EIA activities to the respective ministries/offices

Political commitment

Existing government structure regional EPA offices


Opportunities for the Effective cont …

EPA as responsible institution & associations working on environment

The various units/directorates in EPA such as Impact Monitoring and


Control Programs directorate

Encouraging signs of partnership with the private sector

Concerns reflected by CSO about EIA/SEA (Strategic Environment


Assessment)
The EIA and ERA’s Road Projects : a glimpse look

Proclamation No. 80/1997: Re–Establishment of the Ethiopian


Road Authority

Objectives of the Authority


is to develop & administer highways and to ensure the standard
of road construction & to create a proper condition on which the
road network is coordinately promoted.

Powers and Duties of the Authority


20) take necessary measures to protect the environment on
the implementation of its power and duties;
The EIA and ERA’s Road cont …

EIA is one of the basic requirements of ERA’s projects. Thus,


all road projects have EIA and EIS.

Usually the EIA studies are conducted after road feasibility


studies or along with it.

ERA has environmental and social management manuals


(2008) and environmental procedural manual (2002)

The environmental unit of ERA has no serious issue to raise


with regards to policy and legal frameworks
The EIA and ERA’s Road cont …
EIA studies are outsourced to external consultants

The final EIS from the consultants is commented by ERA


environment team and some times by EPA when a the need
arises.

Environmental team in ERA has a regular monitoring visit to


projects and gives recommendations for the betterment of the
road project.

All contract documents have environmental elements (clauses)


with 4 – 10 % of the project cost.
The EIA and ERA’s Road cont …

One week training on environment was organized by the


environmental team to engineers in Alemgena

The staff in the environmental unit has access to capacity


building opportunities such as short term trainings

The environmental unit has adequate office facilities with


access to internet
Challenges around EIA and ERA’s Road Projects

There is no regular reporting relationship with EPA

There is a weak link with universities concerning the


environment

No regular access to update journals concerning environment

Recommendations on EIA are usually not implemented or they


are overlooked
Reasons

Supervising bodies are more interested on progresses of the


civil work.

There is no penalty element included in the contract


documents to punish if the implementation of EIA mitigations
are overlooked

Some EMPs are compiled for the sake of no objection and go-
ahead.
Reasons cont …
Limited knowledge and capacity of contractors on
environmental impact mitigation measures and their
consequences. They are not environmentally oriented

Limited human power for proper supervision of road


projects. [Recently, ERA employed two firms to conduct
monitoring to road projects in the country to pin down the
problems]

There is no fulltime employee working on the implementation


of EIA on the contractors side
Reasons cont …

Environmental mitigation measures are not separately


indicated as payable items in contract documents like HIV
prevention projects

In situations where contractors resist to abide by their EMP,


the supervision site engineers does not have the stick to beat
them.

Most of the EMPs do not include specific schedule to conduct


Environmental and Social Compliance Audit
General
Recommendations
Avoid the misconceptions about EIA and exploit all the
aforementioned
opportunities
Improve the environmental information system

Equip those who are involved in the construction sector with their
roles and responsibilities in connection with the existing policies,
laws, proclamations … on environment

Creating strategic alliances and partnerships with Higher


institutions, private sector & CSOs
General
Recommendations …
Develop tools for the active involvement of all stakeholders especially
the local admins & community at grass root level

Put incentive mechanisms in place for the projects which have excellent
EIA performance

Apply both the EIA law and the Criminal Code (Article 521) to
punish those who do not implement their ESMPs

Regional environmental organs, sectoral units and other


stakeholders must be capacitated and strengthened
Recommendations
for ERA

Strengthening and developing enforcement mechanism


(Empower supervision engineers to enforce the contractors to
implement their ESMPs)

Make environmental mitigation measures as payable items in


contract documents like HIV/AIDS prevention projects
Recommendations
for ERA cont …

Outsource components of environmental mitigation measures


to implementing companies like you did for HIV

Involve local admin in the process of monitoring of the


implementation of ESMPs.

strengthening the project, private and public partnership


Recommendations
for ERA cont …

Develop effective EIAs research – information sharing


networks, exchange of knowledge and experience, linking
local, national sub –regional and regional institutions.

Invite students from higher learning institutions and


volunteers to engage in research around the road sector and
environment
Recommendations
for ERA cont …

EIA is an extremely dynamic process, and those experts who


are responsible to conduct reviews should be at the cutting
edge of the discipline. This requires continuous training, and
access to information through a highly organized library and
the like.
STI including HIV Prevention Project
THANK YOU FOR YOU ATTENTION!

[email protected]
[email protected]
+251 912 – 06 – 44 – 98
Addis Ababa
Workplace and Road Safety
• The objective is to avoid injury and death at
workplaces

• There is standard road signs put in place after the


road is completed

• There is no standard guideline for Workplace safety


and Traffic signs during construction

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