Road Annuity Project in Kenya (Lot 3)

SDHS Nile (HK) Ltd Shandong International Economics (HK) Ltd, and potential lenders  (the Guarantee Holder or GH or Project Sponsor ) are seeking  MIGA guarantees for their equity, non-shareholder loans, and loan guarantees into HASS-Consortium GVR Infra Ltd (the Project Company or Project Enterprise). The requested guarantees are against the risks of transfer restriction, expropriation, breach of contract, and war and civil disturbance, for a period of up to 10 years, for the rehabilitation, upgrading, operation, and maintenance of two existing roads, specifically: (i) the Rhamu - Mandera A13 road, which is 75 kilometers (km) and located in Mandera County; and (ii) the Modogashe – Habaswein – Samatar  A13 road which is 68 km in length and located in Isiolo, Garissa and Wajir Counties (the Project or Lot 3). The Summary of Proposed Guarantee for the Project is available here. 

The Project is part of Phase I of a national road annuity program comprising the upgrade of up to 10,000 km of roads in Kenya with total investment estimated at US$2.8 billion (the Program). The Program aims to assist the Government of Kenya (GoK) to close its infrastructure gap through several selected Public Private Partnership (PPP) road projects. Phase I of the Program entails the upgrading of 2,000 km of such roads, including this Project. The Program will be implemented through several individual concessions awarded to investors on a PPP basis. MIGA’s other proposed guarantees under this Program include the rehabilitation, upgrading, operation and maintenance of:  (i)  Lots 15 and 18, which are 16 roads with total 80 km in length that will be upgraded from gravel to asphalt standards, located in Central and Western Kenya; and (ii) Lot 32, the existing 66.5km Illasit-Njukini-Taveta Road  road located in Taita Taveta and Kajiado Counties.

The Project was awarded to the Project Company in 2016 following an international competitive bidding process overseen by the country’s PPP Unit and in line with the PPP Act of Kenya, 2013. The Project Company signed a Project agreement with Kenya National Highways Authority (KeNHA, the Contracting Authority or CA) in November 2016 (amended and restated in in December 2018 and further amended in March 2021) for the implementation of the Project. As a design-build-finance-operate-maintain and transfer (DBFOMTBOT) Project, it has a ten-year concession period (including two years for construction and eight years of operation). After the ten-year period, the Project will be transferred to KeNHA.[i]

All upgrading will be within the existing 60 meter (m) Right of Way (RoW) and based on the preliminary design, the main elements of the Project include the widening of the existing lanes to include: a 60 meter (m) road reserve/RoW that will be  reduced to 20 to 25 m in town centers; two-lane 7 m carriageway width; 2 m wide shoulders on each side; concrete drainage structures, box culverts, pipe culverts and one 80-meter bridge; road signs and markings, protection works guardrails, stone pitching and earth berms; and O&M facilities and storage areas. 

In addition, secondary (or temporary) components of the Project include the following: construction camps (that include temporary worker accommodation, equipment storage, maintenance facilities and office accommodation), borrow pits, quarries, temporary waste storage areas, temporary construction material storage areas, parking for construction vehicles, crushing plants, concrete batching plants, refueling bays and workshops.

The Project is expected to employ a maximum of 600 workers during peak construction. The number of workers during the operations phase will be 66 in total. Construction is planned to commence in mid-2021 and is planned to be carried out simultaneously with different construction crews.

The Project is located in North Eastern Kenya and near the border with Somalia, an area with a history of insecurity and conflict, including terrorism and inter-clan conflict. The main challenges in the Project area include insecurity, inadequate water supply, inter-clan rivalry mainly over resources, communal boundary disputes, inadequate supply of skilled labor from host communities, and the underlying high incidence of poverty and underdevelopment.

The Project is classified as Category A project according to MIGA’s Policy on Environmental and Social Sustainability (2013).The key environmental and social (E&S) risks and/or impacts associated with the Project during construction and operation include: (i) encroachment into the road corridor resulting in the potential physical and economic displacement of around 2,000 Project Affected Persons (PAPs) along the Modogashe-Habasweini-Samatar road and 20 PAPs along the Rhamu to Mandera road; (ii) labor influx and working conditions; (iii) community health and safety, including road design standards, use of security forces, and traffic safety; (iv) waste generation and management; (v) soil erosion; (vi) occupational health and safety; and (vii) impacts to Natural Habitat and associated biodiversity values as well as Critical Habitat and Critical Habitat qualifying species.

Current information indicates that the Project will have impacts which must be managed in a manner consistent with all Performance Standards (PS):

• PS1:  Assessment and Management of Environmental and Social Risks and Impacts
• PS2:  Labor and Working Conditions
• PS3:  Resource Efficiency and Pollution Prevention
• PS4:  Community Health, Safety and Security
• PS5:  Land Acquisition and Involuntary Resettlement
• PS6:  Biodiversity Conservation and Sustainable Management of Living Natural Resources
• PS7:  Indigenous Peoples
• PS 8: Cultural Heritage

In addition, the following World Bank Group Environmental, Health, and Safety (WBG EHS) Guidelines are applicable to the Project:

• General EHS Guidelines (2007);
• EHS Guidelines for Toll Roads (2007)[1]; and
• EHS Guidelines for Construction Materials Extraction (2007).

The following Guidance Note and Advice may serve as further guidance on E&S risk management

• Workers’ Accommodation: Processes and Standards. A Guidance Note by IFC and the EBRD (2009).
• IFC (2020) Interim Advice for IFC Clients on Safe Stakeholder Engagement in the Context of COVID-19.

The following documents were reviewed by MIGA:

• Environmental and Social Impact Assessment (ESIA) Study Report of the Proposed Lot 3 Annuity Road Project for Modogashe-Habasweini-Samatar Road (68km) Located in Isiolo And Wajir Counties, Kenya, AWEMAC, June 2017.
• ESIA Study Report for the Proposed Lot 3 Annuity Road Project for Rhamu-Mandera (75 Km) Road Located in Mandera County, Kenya, AWEMAC, June 2017.
• Lot 3 Annuity Road Project: Modogashe-Habasweini-Samatar (76.62km) Rhamu-Mandera Road (66.38 km) Annex 2: Associated Facilities Management Plan, September 2020
• Abbreviated Resettlement Action Plan (ARAP) for Lot 3 Annuity Road Project for the Modogashe-Habasweini-Samatar, AWEMAC, August 2020, updated September 2020.
• ARAP for Lot 3 Annuity Road Project for the Rhamu-Mandera Road 66.38 km, AWEMAC, August 2020, updated September 2020.
• Modogashe-Habasweini-Samatar E&S Management and Mitigation Plan (ESMMP), AWEMAC, December 2019.
• Rhamu-Mandera E&S Management and Mitigation Plan (ESMMP), AWEMAC, 2019.
• Horn of Africa Gateway Development Project (HoAGDP), Terms of Reference for the Biodiversity Assessment Study of Lorian and Borji Swamps Ecosystems, September 2020.
• Social Assessment for the Proposed Upgrading Of Isiolo-Wajir-Mandera Road Corridor (A13) North Eastern Transport Improvement Project (NETIP), KeNHA, October 2019.
• Social Assessment for the Proposed Upgrading of Isiolo-Wajir-Rhamu Road Corridor (A13) NETIP, Final Draft Vulnerable and Marginalized Groups Plan, October 2018.
• Environmental and Social Management Framework (ESMF); and ESIA of Isiolo-Modogashe Road Section (A10/B84), Modogashe-Wajir Road Section (A13) and Wajir- El Wak Road Section (A13) for the Horn of Africa Gateway Development Project (HoAGDP), KeNHA, March 2020.
• Review and Update of the Environmental and Social Impact Assessment for the Proposed Upgrading to Bitumen Standards of Modogashe - Samatar - Wajir Road Section 157Km (A13) KeNHA, November 2019.
• NETIP, Resettlement Policy Framework, November 2019.  
• Kenya Roads Program Lenders Technical Advisor Environmental and Social Due Diligence of Lot 3 Final Report. Atkins, September 2020.
• Site Visit Report, Hass-Consortium-GVR Infra Limited, Road Annuity Programme, Kenya, November 2019.
• Project Security Plan for the Modogashe-Habaswein-Samatar and Rhamu-Mandera road projects, Control Risk Group East Africa Limited, November 2018.
• Kenya Road Project: Fatal Flaw Assessment. Control Risk Group East Africa Limited, January 2018.
• Abridged Concept Design Report, SMEC 2020.
• Kenya Road Annuity Project Lot 3 Supplementary Biodiversity Assessment: Critical Habitat Assessment, TerrCon Consult Ltd 2021.

Due to COVID-19 travel restrictions, MIGA was not able to undertake a due diligence site visit. In addition to reviewing the above documents, MIGA carried out virtual E&S due diligence between September - November 2020, which included meetings with the Project Sponsors, Guarantee Holder, Project Company and KeNHA. Furthermore, MIGA with the support of an in-country E&S consulting company, held additional consultations, considering the national COVID-19 guidelines, with the local community, area chiefs and local leaders in November 2020.  MIGA also held a series of discussions with the World Bank (WB), as the Project is also part of the transport corridor which includes the WB financed Horn of Africa Gateway Development Project (HoAGDP).

MIGA’s due diligence review considered the E&S management planning process and documentation for the Project and identified gaps between these and MIGA’s requirements. Where necessary, corrective measures, intended to close these gaps within a reasonable period, are summarized in the paragraphs that follow and in the Environmental and Social Action Plan (“ESAP”) attached to this ESRS .  Through the implementation of these measures, the Project is expected to be designed and operated in accordance with the requirements of the applicable Performance Standards.

Key E&S risks/impacts associated with the Project are summarized in the paragraphs that follow.

PS1:  Assessment and Management of Environmental and Social Risks and Impacts

Environmental and Social Assessment and Management System

Policy

The Project Company developed a Quality, Health, Safety and Environment (QHSE) Plan (2014), however the Policy does not include environmental or social issues, it incorporates occupational, health and safety (OHS) aspects for employees and managers. As part of the ESAP, the Project Company will update the QHSE Policy to include environmental and social aspects, as well as commitments towards compliance with Kenyan regulation and the PSs (ESAP action item #1).

Identification of Risks and Impacts

Environmental and Social Impact Assessment (ESIA) studies were prepared for each road in line with national legislation and the WB Operational Policies (WB OPs) in 2017. The ESIA reports were approved by the Kenya National Environment Management Authority (NEMA) and permits granted in 2017 for an initial period of two years. The permits were thereafter renewed by NEMA in October 2019 for an additional two years.

As mentioned previously, the Project falls within the WB financed HoAGDP[i]. HoAGDP implementing agencies include the following national authorities: KeNHA, the State Department of Infrastructure, the Information and Communication Technology Authority, the National Transport and Safety Authority, the Kenya Revenue Authority, and the State Department of Transport. Priority interventions for HoADGP include infrastructure development and economic corridors in the following areas in Kenya: (i) Lamu-Isiolo (580km); (ii) Isiolo-Wajir – Elwak – Mandera (740km); and (iii) Liboi-Dadaab-Garissa (207km). GoK has directed that the management of E&S safeguards be applied uniformly throughout HoAGDP, including for the proposed MIGA project. 

ESIAs and an E&S Management Framework (ESMF) have also been prepared for HoAGDP (in line with national legislation and the WB OPs) and includes the following roads:  

• Isiolo-Modogashe Road Section (A10/B84),
• Modogashe-Wajir Road Section (A13) and
• Wajir- El Wak Road Section (A13) for HoAGDP (March 2020).

In addition, the following social safeguard assessment reports have been developed for HoAGDP:  

• Social Assessment for the Proposed Upgrading Of Isiolo-Wajir-Mandera Road Corridor (A13), October 2019.
• Social Assessment for the Proposed Upgrading of Isiolo-Wajir-Rhamu Road Corridor (A13), Final Draft Vulnerable and Marginalized Groups Plan, October 2018.
• Resettlement Policy Framework, November 2019. 

The Project ESIA Reports incorporate the impact of cumulative effects in the methodology of the quantification of the magnitude of impacts, however cumulative effects are not explicitly outlined. Therefore, and in line with the ESAP an assessment of potential cumulative impacts will be developed to determine the cumulative impact of the Project and HoAGDP activities (ESAP action item #2).

The impacts of the construction camps and material sites (quarry and borrow pits) have not been considered in detail as their locations have not been confirmed.  However, an Associated Facilities Management Plan was prepared in September 2020 that provides control strategies and measures aimed to avoid and / or minimize adverse impacts associated with temporary facilities such as quarries, borrow pits, temporary waste storage areas, etc. Therefore, an Environmental and Social Due Diligence (ESDD) will be carried out by an independent E&S Consultant for any existing quarries (ESAP action item #3) and if new quarries and/or borrow pits will need to be developed, the Project will conduct the necessary assessments (including ESIAs) and obtain the required permits or licenses prior to their use (ESAP action item #4). Decommissioning plans for the contractor camps and material sites will be developed that include rehabilitation of all material sites, which is the responsibility of the EPC Contractor (ESAP action item #5).

Kenya predominately has two distinct rainy seasons, the “long rains” from March to May and the “short rains” from October to December.  These rainy seasons are both driven by the Inter Tropical Convergence Zone which results in distinct spatially variable rainfall patterns across Kenya.  Western Kenya and in particular the Lake Victoria Basin region typically receive the highest rainfall totals - Kisumu and Kisii often observe more than 1500mm of rainfall per year. Moving further east and north across Kenya, annual rainfall totals drop with the region in North Eastern Kenya often being the driest. 

As the Project is located in North Eastern Kenya, the flood risk profile for the Project is lower than the rest of Kenya.  However, the Project is still potentially exposed to flooding, which could get worse under accelerated climate change. To limit the likelihood of road flooding, adequate road drainage measures with appropriate climate change allowances will ensure the performance of the road and will limit any adverse impacts to neighboring communities and environmental features. The Project Company will conduct a climate risk and vulnerability assessment for the Project.  The assessment should include a study of localized climate change projections of rainfall and should evaluate the adequacy of the road drainage should rainfall conditions intensify for the Project region (ESAP action item #6).   

Management Programs

The following management plans have also been prepared:

• Project HSE Management Plan (March 2021);
• Project Environmental Management Plan (EMP) (September 2020);
• COVID-19 Prevention and Control Plan (March 2021);
• Modogashe-Habasweini-Samatar E&S Management and Mitigation Plans (ESMMP), 2019, and
• Rhamu-Mandera ESMMP, 2019.

The two ESMMPs contain the following fifteen framework management plans:

• Atmospheric Emissions Management Plan;
• Hazardous Materials Management Plan;
• Spill Prevention and Counter Measures Management Plan;
• Fire Risk Management Plan;
• Noise Management Plan;
• Surface Water Management Plan;
• Waste Management Plan;
• Traffic Management Plan;
• Biodiversity Management Plan;
• OHS Management Plan;
• Emergency Preparedness and Response Plan;
• Labor Management Plan;
• Social Impact Management Plan;
• Stakeholder Management Plan; and
• Grievance Mechanism Plan.

Furthermore, an ESDD was carried out for the Project Sponsors Lenders in September 2020 and the Project Company is in the process of implementing its ESAP, which is aligned to the MIGA ESAP.

The Project Company has not yet developed an overarching Environmental and Social Management System (ESMS) to ensure implementation of the above-listed plans, therefore it will develop and implement an ESMS for the Project’s construction and operational phases, in line with PS1 requirements (ESAP action item #7). The ESMS will incorporate the ESIA, ESMMPs, Contractor HSE Management Plan, Contractor COVID-19 Prevention and Control Plan and the Lenders ESAP under one comprehensive implementation structure.

Organizational Capacity and Training:

The EPC Contractor will appoint a suitably qualified Environmental Health and Safety (EHS) Manager that will be responsible for keeping track of overall performance in terms of Occupational Health, Safety and Environment (OHSE) (ESAP action item #8). Furthermore, the EPCO&M Contractor will appoint at least one Community Liaison Officer (“CLO”) per County (three in total), all of whom will be based in the Project area (ESAP action item #9). The CLOs will report directly to the EHS Manager, support the implementation of the Stakeholder Management Plan and Grievance Mechanism Plan (GMP) and support local recruitment.

An Environmental, Health and Safety (EHS) Training and Awareness procedure will be developed for all staff as part of the ESMS (ESAP action item #10). The procedure will detail the EHS training that will be identified and implemented during the Project and will include both formal and informal training requirements.

Emergency Preparedness and Response

An Emergency Preparedness and Response Procedure will be developed as part of the ESMS, which includes site specific emergency plans (ESAP action item #7). This Procedure will include descriptions of potential emergency scenarios related to construction and operations. The Procedure will also include natural disaster and project-induced emergency scenarios and a description of the roles and responsibilities of emergency coordinators, available local services that can support in an emergency, and a description of the general evacuation and response training that will be required for emergency scenarios. The procedure will apply to staff of both the EPC Contractor and sub-contractors.

Monitoring and Review:

The Project will compile and submit the following annual statutory reports in line with national legislation: (i) environmental audit reports; (ii) fire safety audit reports; and (iii) safety and health audit reports. The Project Company will also provide MIGA with an Annual Monitoring Report that contains copies of these reports as well as reports on compliance with the PSs. In addition, KeNHA will conduct regular E&S site visits to the Project roads. Findings from the site visits will be raised with the EPC/O&M Contractor and shared with MIGA as part of the AMR.

The ESMS will also include a Monitoring and Measurement Procedure (ESAP action item #7), which will describe the overall requirements for the adequate control of significant E&S aspects as well as compliance with local EHS legislation and requirements and the PSs.

Stakeholder Engagement:

Stakeholder engagement for the Project was carried out as part of the Project ESIAs in 2017 and Abbreviated Resettlement Action Plans (ARAPs) in 2020, that included key informant interviews (KIIs), focus group discussion (FGDs), public meetings (baraza). MIGA, with the support of an in-country E&S consulting company, held additional consultations with the local community, area chiefs and local leaders in November 2020. These consultations confirmed that the Project has engaged in a process of informed consultation and participation (ICP). The main issues and concerns raised by affected communities from all consultation conducted thus far are as follows:

• Increased employment, skills transfer and business opportunities resulting from the Project.
• Displacement, disruption of livelihood activities and loss of property.
• Concerns regarding compensation, including timing of the compensation and delays in payment, lack of legal documents to show ownership of land, and lack of formal land transfer documents in case of informal sales between community members.
• Overall weariness with the number of meetings related to the project, with indications of little or no feedback from KeNHA over previous discussions.
• An increase in incidences of sexually transmitted diseases (STDs) including HIV and AIDS, especially during the construction phase.
• An increase in the risk of contracting COVID-19.
• Noise, dust and OHS concerns (e.g., risk of increased accidents).

A Stakeholder Engagement Plan (SEP) was prepared in September 2020 as part of Project ESMPs, which: (i) summarizes the stakeholder engagement conducted for the ESIAs; and (ii) sets out a framework for pre-construction and construction stakeholder engagement. In line with the ESAP, the SEP will therefore be updated and implemented for the construction and operation phases of the Project, in line with PS1. The SEP will: (i) outline the Project’s objectives in terms of stakeholder engagement; (ii) describe the activities to be conducted with the stakeholders during each stage of the Project’s development; (iii) include procedures for documenting engagement activities; and (iv) include measures to allow the effective participation of women and those identified as disadvantaged, marginalized  or vulnerable (ESAP action item #11). The implications of COVID-19 should be taken fully into account in the SEP and measures to undertake engagement where face-to-face options are not available identified. The SEP will also address the issues and concerns raised by the local communities during the ESIA process.

External Communication and Grievance Mechanisms:

As part of the ESMS, the Project will develop and implement a Grievance Redress Mechanism (GRM) Procedure (ESAP action item #12). The GRM Procedure will describe the steps to be followed to collect, record, evaluate and respond to complaints and grievances raised by external stakeholders. The means for submitting the grievances will include verbally, in writing and anonymously. As part of the SEP, the Project will regularly report to affected communities.  

PS2:  Labor and Working Conditions

As mentioned earlier, the Project is expected to employ around a maximum of 600 workers during peak construction. Local labor will be prioritized for non-specialized tasks by the EPC Contractor. The number of workers during operations will be 66 in total.  Prior to recruitment, the Project will develop a procedure to confirm that priority is given to the local community members for unskilled and semiskilled labor and develop a register of interested / eligible workers (ESAP action item #13).Workers’ Camps will be provided at three or four locations within the Project area, and the EPC Contractor will develop a worker accommodation plan in line with European Bank for Reconstruction and Development (EBRD and the International Finance Corporation (IFC) guidelines for worker accommodation (ESAP action item #14). In addition, an ESIA will be carried out prior to the development of the worker accommodation in line with national requirements and the MIGA PSs (ESAP action item #15) and MIGA will be provided with the ESIA license(s) (including conditions of approval) once granted by the NEMA (ESAP action item #16).

Working Conditions and Management of Worker Relationship

The EPC/O&M Contractor will develop a Human Resource (HR) policy and procedures in line with PS2 requirements for the construction and operations phase of the Project. The Policy and procedures will require any day laborers also have written contracts (ESAP action item #17). The HR policy and procedures will include provisions for working conditions; terms of employment; non-discrimination and equal opportunity; grievance mechanism; occupational health and safety; and the prohibition of child and forced labor.

The Project will produce and actively use a project labor commitment (policy statement) in line with PS2, including a specific gender commitment (ESAP action item #18). The Project will also develop and implement a code of conduct and action plan to help prevent gender-based violence (GBV) at management, worker and community level (ESAP action item #19). As part of the HR Policy, the Project will develop and implement a sexual harassment policy according to PS2 requirements (ESAP action item #20).

Occupational Health and Safety:

During construction, the workers will be exposed to hazards and risks including from moving machinery; noise, dust and exhaust emissions; confined spaces and excavations; working at heights; working over water bodies; hazardous and flammable materials; and hazardous waste. Additional risks include road accidents and as such the Project Enterprise will apply the following mitigation measures: safety signs, barriers, speed limits appropriate for construction zones, traffic calming measures and visible Personal Protective Equipment (PPE).

The Project HSE Plan will be incorporated into the ESMS. Prior to the commencement of construction work, an assessment of the proposed impacts associated with the intended activities on the receiving environment will be undertaken.  In addition to the HSSE aspects/hazards under direct control of the Project, the scope will include an assessment of the aspects/hazards that the Project cannot influence (ESAP action item #21).

There will be safety officer and trained first aider on site with separate first aid room, liaison mechanism with local hospitals and other institutions will also be established in case of any emergency. COVID-19 epidemic prevention and control measures will also be planned and implemented by the EPC/O&M Contractor.

Workers Engaged by Third Parties:

The EPC/O&M Contractor will include EHS provisions in contracts with other sub-contractors providing services to the Project (ESAP action item #22) and similarly for its primary suppliers (ESAP action item #23). These provisions will include as a minimum: compliance with labor legislation and the PSs, terms of OHS management, and access to a workers’ grievance mechanism including review and response to anonymous complaints. The Project will monitor third-party compliance with approved EHS requirements.

PS3:  Resource Efficiency and Pollution Prevention

The potential environmental impacts from construction and operational activities for the Project identified during the ESIA process include impacts on air quality; noise and vibrations; waste generation; and material sites and borrow pits. The relevant recommendations and mitigation measures suggested in the ESIA will be incorporated into the construction contract documents and monitored by the EPC/O&M Contractor.

Resource Efficiency

The Project will require several resources including approximately : 38,240 tons of cement;  606,095 cubic meters (“m³”) of aggregate; 2,745 m³ of quarry dust; 18,164 m³ of sand; 2,167 tons  of steel bars; 9,526 tons of bitumen, 1,520,569 liters of kerosene; 6,226,666 liters of diesel; and  682,948 m³ of water.. The fuel will be stored in the Contractor camp and at the quarry during the construction phase.

All required resources will need to be used efficiently, and all wastes managed in accordance with the waste management hierarchy, where avoidance of waste generation is the first priority to avoid or minimize pollution as much as possible. In addition, and as per the ESAP, the Project’s ESMMPs will be incorporated into the ESMS. The Project will also monitor greenhouse gas (GHG) emission continuously and including emissions in its reporting to MIGA.

As per the preliminary design, construction materials will include: gravel material for application as sub-base; material for embankments (fill and improved subgrade); quarry stone for production of crushed stone and concrete; water for compaction and concrete (as well as dust control); sand for concrete and mortar works; and bitumen slurry and hot-mixed asphalt. There will be two main industrial sites and potentially additional sub-camps at quarry sites, managed by the EPC Contractor. The industrial camps will include the batching plants, equipment maintenance areas as well as offices.

As mentioned previously, worker construction camps and material sites (quarry and borrow pits) have not been considered in detail as their locations have not been confirmed. An ESDD will be carried out by an independent E&S Consultant for any existing quarries  (ESAP action item #3) and if new quarries and/or borrow pits will need to be developed, the Project will conduct the necessary assessments (including ESIAs) and obtain the required permits or licenses prior to their use (ESAP action item #4). The Project will also: (i) include in the ESIA an assessment of available water sources to select the optimal one; and (ii) develop and implement a Water Management Plan for the construction and operations phase (ESAP action item #24) to reduce water consumption in line with PS3 requirements. The Water Management Plan will look for and develop alternative water options, so as to not abstract from the Lorian Swamp which is already suffering from extreme water shortages both for communities and wildlife.

Pollution Prevention:

Most of the waste will be produced during the construction phase. These wastes will include earth material from excavations, hazardous waste and domestic waste that will be generated during the construction process. In addition, effluent waste will be generated in form of both grey and black water by the construction workers. Waste Management Plans (WMPs) have been developed for the Project, as part of the ESMMPs.

During construction, air emissions will consist of combustion gases from vehicles used for construction activities, and dust/particles generated from vehicle movement. Control measures to minimize emissions will be applied, including water spraying on access roads and areas with bare soil, enforcement of speed limits, covering trucks transporting soil and other materials prone to dust dispersion, and preventive maintenance and monitoring of the construction vehicle fleet.

Noise will be generated during the Project’s construction stage by vehicles, machinery used for installing the Project’s components, and building of internal and external roads. Construction activities are expected to be limited to daylight hours.

Excavated material, if not properly managed, will be eroded during the rainy seasons and may potentially flow into rivers and other surface water bodies within the Project area and cause sedimentation. Other potential sources of water contamination will be from small scale leaks and spills of fuel and oils from machinery and storage tanks. To avoid siltation, soil stockpiles and spoil disposal sites will have appropriately engineered slopes, be located away from the surface water bodies and be progressively rehabilitated.

Hazardous Materials Management:

Hazardous material waste during construction will include contaminated containers, used paint, engine oils, hydraulic fluids and waste fuel, spent solvents from equipment cleaning activities and spent batteries or spent acid/alkali from the maintenance of machinery on site. As part of the ESMS, the Project will implement the Hazardous Materials Management Plan which sets out the requirements for a proper system for hazardous materials storage and management at site to avoid any accidental spillages, documentation and record keeping of hazardous materials and wastes, which will be periodically reviewed by the Project’s EHS manager. Heavy machinery maintenance will be carried out at designated workshops. The Project WMPs have provisions for hazardous waste storage, handling, transport, and disposal.

PS4:  Community Health, Safety and Security

The Project roads are located in a remote part of Northern Kenya, within Mandera, Isiolo and Wajir Counties and as mentioned previously, within the HoAGDP. The population in these Counties is sparsely distributed and the economy is dominated by migratory pastoralism. The three counties experience chronic food insecurity, as the region’s climate suffers from frequent droughts and water scarcity. Main challenges in the Project area include insecurity, inadequate water supply, inter-clan rivalry mainly over resources, communal boundary disputes, inadequate supply of skilled labor from host communities, and the underlying high incidence of poverty and underdevelopment which pose a potential risk of GBV.

HoAGDP has identified the management of the potential risks related to sexual exploitation and abuse (SEA) of minors due to an influx of labor. Therefore and as part of HoAGP, GoK plans to engage local Civil Society Organizations (CSOs) from Isiolo, Wajir and Mandera Counties to handle: (i) GBV cases that could be derived from HoAGDP, including SEA and sexual harassment (SH) in the workplace; (ii) GRM with different entry points for survivors to place complaints with confidentiality and through which they can be referred to appropriate service providers who will map out GBV prevention and response actors in project adjoining communities; and (iii) local communities and Vulnerable and Marginalized Group (VMGs) engagement and outreach activities.

The HoAGDP CSOs will: (i) undertake a GBV assessment and put in place prevention, mitigation and response measures, including GBV cases reporting and accountability protocols as well as referral services within six months after the contract signing; (ii) conduct a perception survey to determine the opinions the host communities may have with regard to the role the security forces in securing the project area and also its involvement in the development agenda of the region. In line with the ESAP, the Project CLOs will coordinate and engage with the HoAGDP CSOs (ESAP action item #8). In addition, the Project will collaborate with the HoAGDP GBV assessment   to enable consistency with the HoAGDP GBV assessment, where possible (ESAP action item #19).

Community Health and Safety

Additional negative community health risks and impacts during construction stem from the risk of accidents and incidents, dust and noise due to the movement of heavy equipment, materials and project personnel, traffic accidents, influx of workers, increased demand for natural resources, soil erosion as well as pollution and hazardous materials. During operations, negative impacts are expected to be related to the risks of accidents and incidents, as well as other potential emergency scenarios, noise and air emissions.

Mitigation measures for noise and air emissions are described in the ESIA reports. A Community Health and Safety Plan for construction and operation will be developed and implemented as part of the ESAP (ESAP action item #25) including provisions for traffic safety management (including pedestrian and cyclist safety), emergency response procedures, coordination with traffic police, security and the safety of other road users. Traffic safety measures will include speed limitations, speed reduction systems, traffic control signs, pedestrian crossings and Project driver training. In terms of emergency response, the Plan will also include identification of potential emergency scenarios, how to address them, steps for setting up lines of communication for external liaison and reporting, and coordination between the Project’s internal, and external emergency services.

As per the ESAP, in locations that have black spots (areas where road traffic accidents have historically been concentrated), and sensitive traffic risk receptors (e.g., schools and town centers) the Project will collaborate with traffic police and KeNHA to determine feasible mitigation measures (ESAP action item #26). The Project will also collaborate with KeNHA to monitoring traffic safety statistics for these sections of roads during construction and operation.

In addition, and in line with the Worker Code of Conduct, the Project shall provide all workers and sub-contractors with access to free HIV/AIDS consultation, screening, retroviral medication and means of protection to avoid the spread of the disease, and coordinate any awareness and communication campaign among sex workers and the population in general. The Project road will have and maintain the appropriate safety features, signs and markings.

As indicated above, the Project will develop a Grievance Procedure that is sensitive to GBV concerns (ESAP action item #27) and implement a code of conduct for employees and contractors that helps to prevent GBV (ESAP action item #19).

Security Personnel

As mentioned previously, the Project is located in North Eastern Kenya and near the border with Somalia, an area with a history of insecurity and conflict, including terrorism and inter-clan conflict. A security risk assessment of the Project area has been undertaken and a Project Security Management Plan developed. The Security Management Plan will be updated to include the requirements of PS4, providing clear commitment by the Project in terms of recruitment, vetting and appropriate training of security contractors, as well as a Code of Conduct with respect to use of force (ESAP action item #28). The Plan will include incident reporting and follow-up procedures, and response measures for any security-related complaints received through the external grievance mechanism.

PS5:  Land Acquisition and Involuntary Resettlement

General

The Project will be developed within an existing road Right of Way (RoW), which legally belongs to KeNHA, and no land acquisition will be carried out. However, as there has been some encroachment into the RoW, the Project will result in the displacement of the following:

• Approximately 2,000 Project Affected Persons (PAPs) along the Modogashe-Habasweini-Samatar Road, specifically 1,563 PAPs in Modogashe, 241 PAPs in Skanska and 200 PAPs in Habasweini town centers[i] 

  The total number of PAPs with structures is 2,104[i]; and

• 20 PAPs along the Rhamu to Mandera Road, of which 18 PAPs will be economically displaced and two PAPs will be physically displaced[i]

Compensation and Benefits for Displaced Persons

ARAPs were developed for each road in line with national legislation and the WB OPs in 2020 by a local E&S Consulting Company. The first disclosure to the public that resettlement may be required was on May 03, 2017 as part of the ESIA stakeholder engagement process. The ARAP studies commenced on March 16, 2020, and this was the official cut-off date. This date was communicated to all PAPs during through the Village Elders, Chiefs and Assistant Chiefs.

Both a census survey and an asset inventory were carried out in March 2020, as per the 60 m RoW (25m in town centers) to identify the people and assets potentially displaced by the Project (listed above) and to determine who would be eligible for compensation and assistance. Where PAPs could not be found, the presence of the Village Elder who accompanied the E&S Consultant provided the names of the PAPs and the extent of the impact was captured. In some instances, the E&S Consultant made second attempts to meet/ interview the PAPs who were initially absent on the first day. During the census survey and collection of socio-economic data, the local communities were informed that compensation would be limited to existing infrastructure and assets within the RoW.

Due to the ongoing global COVID-19 pandemic, there was a national prohibition of public meetings/gatherings during the ARAP study period. As such, it was not possible for the E&S Consultant to organize and hold community or public meetings. In addition, during the study period, there was heightened insecurity in the Project area, from terrorist attacks on passenger service vehicles. However, and as mentioned previously, exhaustive stakeholder engagement had been carried out for the Project ESIAs in 2017. The Project SEP (discussed in PS1) will continue to be updated throughout ARAP implementation to accurately reflect the needs of the PAPs and other stakeholders. In line with the ESAP, a grievance redress committee (GRC) and GRM for compensation will be established (ESAP action item #29).

The ARAP Reports will be submitted to the Kenya National Land Commission (NLC) for validation and subsequent implementation, prior to construction commencing. Once the ARAPs are approved and prior to implementation, the documents will be disclosed to the PAPs and additional meetings will be held to finalize the compensation packages (ESAP action item #30) [i]. This will be carried out as part of the ongoing stakeholder engagement process.

In line with the ESAP, KeNHA, together with the Project Company will conduct all negotiations and agreements in line with the PS5 definition of informed consent and fair compensation based on full replacement cost (ESAP action item #31). KeNHA has confirmed in writing to paying compensation in line with the budget developed in the ARAP, which is in line with PS5 requirements.  

After completion of the ARAP mitigation measures, the Project will commission an external completion audit of the ARAP to assess whether the provisions have been met and implement supplemental measures, where applicable (ESAP action item #28).  Monitoring and evaluation of the ARAPs will be carried out by KeNHA’s Project Management and Resettlement Team.

PS6:  Biodiversity Conservation and Sustainable Management of Living Natural Resources

General

Both stretches of road are located in the north-eastern section of Kenya’s Arid and Semi-Arid Lands (ASALs) and the area is predominantly used for pastoralism. Land degradation has occurred due to high stocking densities, land sub-divisions, agricultural expansion, deforestation, and the increasing frequency of droughts. Neither road stretch intersects any protected areas or internationally designated sites of biodiversity value although there are several protected areas and wildlife conservancies, and ranches in the wider area.

To align with PS6, in addition to the various ESIAs and updates, a Critical Habitat Assessment (CHA) (TerrCon March  2021) has been prepared. As part of the CHA, consultation has taken place with Hirola Conservation Program (HCP), National Museums of Kenya, Ewaso Ng’iro North Development Authority (ENNDA) Habasweini Wildlife Trust, North Eastern Conservancies Association and the Marsabit Research Office of the Kenya Wildlife Service (KWS). Additional biodiversity desktop assessments included a review of scientific literature, GIS/Remote Sensing data, and species data from a variety of sources (e.g., IBAT, IUCN Red List of Threatened Species, Birdlife, Alliance for Zero Extinction and Ramsar).

The Modogashe – Samatar Road is part of the Masai Xeric Grassland and Shrublands Ecoregion, with sparse bushland, dwarf shrubland, and grassland with Acacia spp, Commiphora spp, and Salvadora persica with other drought resistant shrubs and grasses including the highly invasive species Prosopsis Juriflora.  The ecoregion is moderately rich in species but has a low level of endemism.  It is also located in the Greater Ewaso Ecosystem and Dispersal Area which is characterised by pastoralism and wildlife conservation on large private ranches and protected areas.

There are no permanent rivers in the Modogashe – Samatar Area of Influence (AOI), although there are seasonal laggas/streams and water pans which support a more diverse flora and also serve as habitats for various fauna species. The Project does however cross the seasonal overflow of Ewaso Ngiro River near Habaswein, which becomes the Lorian swamp, characterized by transient sub-surface water resources.  In the dry season, these swamps comprising sedges, grasses and reeds, populate the swamped floodplains, providing grazing for the large faunal species. In the past the area attracted abundant wildlife and served as dry season grazing zones and cultivation during the rainy season. As a result of upstream abstraction for agriculture and for household use, there has been progressively less water available for communities and wildlife downstream and recently flow has not been reaching the swamp.

The Rhamu – Mandera Road is located within the Somali Acacia-Commiphora Bushlands and Thickets Ecoregion. The vegetation transitions from invasive Prosopsis Juriflora thickets to Acacia tortilis intermixed with Acacia mellifera woodland. Terminalia orbi intermixed with Acacia xanthophloea occurs especially along the streams and flood plains.  The major land cover types are grasslands, shrub lands, and riverine woodlands and the area experiences one of the highest soil erosion and land degradation rates in Kenya.  The road alignment closely follows the River Daua which is the only permanent source of surface water in the area. Water pans have also, been constructed along the road which act as key water points for local residents, livestock and wild fauna.

The AOI of both roads support a range of fauna, some of it highly threatened, moving freely across the area although populations of large mammals have been reduced as a result of widespread overgrazing, soil erosion and in places poaching. It is understood that there are no defined migration corridors along either Modogashe – Samatar Road or the Rhamu – Mandera Road. 

The Modogashe – Samatar Road ESIA identifies a range of species including a number of threatened large mammal species including the reticulated giraffe Giraffa camelopardalis ssp. reticulata or Giraffa reticulata, and Grevy's Zebra, Equus grevy both assessed by the IUCN Red List as Endangered (EN), the Somali Ostrich Struthio molybdophanes assessed as being Vulnerable (VU), gerenuk Litocranius walleri  and the Lesser Kudu Tragelaphus imberbis assessed as being Near Threatened (NT), several species of dikdiks, Madoqua spp, superb starling Lamprotornis superbus, the helmeted guineafowl Numida meleagris, the African sacred ibis, Threskiornis aethiopicus , black headed heron Ardea melanocephala and Grant’s gazelle Nanger granti all assessed as being of Least Concern (LC).  Other species that may occur include the African Wild Dog Lycaon pictus (EN), the Beisa Oryx Oryx beisa (EN), African buffalo Syncerus caffer (NT) black-headed jackal Canis mesomelas (LC), spotted hyena Crocuta Crocuta (LC), the Nile crocodile Crocodylus niloticus (LC) and the Marabou Leptoptilos crumenifer (LC).  Historically there was a higher density of fauna at the Lorian Swamp due to the more favorable vegetation cover and availability of water for a longer period.  The African elephant Loxodonta Africana (VU) was a visitor to the swamp as was the cheetah Acinonyx jubatus (VU) although neither have been seen recently.  The Borji swamp is another seasonal swamp located approximately 10km north east of Lagbogol centre along the road to Wajir Town.

The Rhamu-Mandera road supports similar small and medium sized mammals such as dikdik, antelopes, foxes, hyenas, but the only large, threatened mammal appears to be the reticulated giraffe. 

Protection and Conservation of Biodiversity

A desktop CHA has been undertaken by TerrCon Consult in March 2021. Both stretches of road support degraded Natural Habitat along with some Modified Habitat. The Lorain Swamp has precautionarily been designated as Critical Habitat under Criterion 4b, Highly threatened and/or unique ecosystems, due to its regional importance in the Greater Ewaso Ngiro Ecosystem and Dispersal Area, especially in an arid landscape. Determining whether the two wider Ecologically Appropriate Area of Analysis (EAAAs) defined as part of the CHA for each road are Critical Habitat for species is challenging. This is because these species disperse widely, depending on availability of water and food and the density of individuals in an area can vary. Both EAAAs overlap with the Extent of Occurrence (EOO) of several of these wide-ranging threatened species.  The Modogashe – Samatar EAAA has precautionarily been assessed as Critical Habitat for the Grevy’s zebra and reticulated giraffe under criterion 1 and the Rhamu-Mandera EAAA is also likely to be CH for the reticulated giraffe.  There are two protected areas and one KBA within the Rhamu-Mandera wider EAAA all of which are likely to be CH.

Based on the current understanding of the Project will result in the permeant direct loss of 1289 hectares (ha) of which 477 ha is degraded Natural, 0.6 ha is Natural and 811 ha is potentially Critical Habitat. Additional loss of habitat will occur as a result of the construction of borrow pits or quarries. The Project proposes to obtain construction materials (soil, gravel and aggregates) from existing commercial and licensed sources. New material sites will be subject to separate ESIAs (ESAP action item #4) and an independent E&S Consultant will conduct an ESDD (ESAP action item #3) for any existing quarries and borrow pits.

There will be also be temporary loss or degradation of habitat as a result of the construction camps. Other potential impacts include, increased collision risk, noise and air emissions, increased run off, further spread of invasive species, increase demand in water during construction in a water scarce area, waste generation and barrier effects to the dispersal of fauna. There will be an influx of construction workers over the construction period and there may be influx during the operational phase.  This is likely to result in changes in land uses with increased settlements along the project corridor which may exacerbate pressures on existing biodiversity values and ecosystem service provision. Reduced movement of wild animals may lead to concentrations in specific areas, exacerbating existing degradation and increasing human wildlife conflict

As mentioned previously in PS 1, the upgrade of these two stretches of road form part of the HoAGDP. The WB has requested that a supplementary biodiversity assessment be carried out to provide a more detailed understanding of how the proposed road construction and operation will potentially affect the biodiversity in the area. The biodiversity report will assess the magnitude and extent of potential direct, indirect and cumulative impacts on species along the corridor, particularly their dispersal/migration corridors, as well as focused baseline work in the Lorian and Borj swamps.  It will also include an ecosystem services assessment of the swamps. A Biodiversity Action Plan (BAP) to mitigate, offset and monitor significant adverse impacts on key ecosystem services, terrestrial and aquatic biodiversity will be prepared. This will supplement the existing baseline information provided in the ESIAs and enhance measures proposed in the Biodiversity Management Plan (BMP) and ESMMPs which are briefly mentioned in the paragraphs below. A detailed term of reference has been drawn up by the WB which MIGA has contributed to. Depending on the timing of the WB work, the Project may need to undertake a Residual Impact Assessment combined with a BAP to address impacts to Natural and Critical Habitat and priority ecosystem services assessment. This would then be updated pending the findings of the WB work (ESAP action item  #34) The ESMS will also include a Monitoring and Measurement Procedure (ESAP action item #6),

The BMP and other ESMMPs. outline a number of mitigations measures relevant to biodiversity including features to minimize habitat loss and fragmentation, designs that accommodate wildlife, pre-disturbance surveys, reclamation and habitat enhancement measures and plans to address invasive species. The Supervising Road Engineer and Environmental Officer will liaise with the Kenya Wildlife Service to identify known wildlife crossing areas and place appropriate safety signage is alongside the road. At important crossing points, animal tunnels or bridges may be used to reduce collision rates, especially for protected or highly threatened species.  There will also be a strict code of conduct for contractors to ensure that workers do not poach or consume wildlife from area. Other management plans that include measures to address noise, air pollution and the management of water and waste are also relevant to biodiversity.

Legally Protected and Internationally Recognized Areas  

The road does not pass through any protected area or other designated sites of biodiversity importance.  There are, however, a number of protected areas in the wider area.  Rahole National Park is situated approximately 50 km to the south, and the Biliqo-Bulesa Community Nature Reserve approximately 50  km to the north of the Modogashe – Samatar Road.  One community conservation area is planned in the region between Modogashe and Samatar by Habasweini Wildlife Trust, however it has not been mapped nor demarcated. 

The transboundary Borena National Park in Ethiopia and Malka Mari National Park (Kenya) is situated on the Daua River is the only gazetted conservation area in Ramu- Mandera Road and it is approximately 30 km from the project road. It supports a range of threatened species including the reticulated giraffe.  Over the border is the Bogol-Manol Dolo IBA/KBA approximately 5 km away. The area includes limestone rock outcrops and small trees and shrubs which support a wide array of birds. 

Invasive Alien Species

There is a significant issue with invasive species, Prosopsis Juriflora,  in the area which have been extremely difficult to control. An Invasive Species Management Plan has been prepared as part of the ESMS.

Management of Ecosystem Services

The dominant livelihood in the project area is nomadic pastoralism which contributes 75% of household incomes.  This is supplemented by a limited amount of agriculture that is carried out along the rivers and wetland areas where maize, sorghum, some fruits and vegetables are grown using small scale irrigation. Besides livestock and livestock products, rangelands provide plant resources such as forage, fuelwood, wild fruits, tubers, medicine, poles and fiber. Over 84 percent of the households in the three counties relying on firewood and charcoal as their main source of energy for cooking. Water is a vital ecosystem service and also a priority service to the Project. An Ecosystem Service Assessment will be undertaken focusing on Priority Services. (ESAP action item # 34).

PS7: Indigenous Peoples:

General

Mandera, Isiolo and Wajir counties are inhabited predominantly by the Borana and Somali (Garre and Degodia). The Borana are the dominant ethnic group in Isiolo county, while the Somali are the dominant ethnic group in Mandera and Wajir counties. These ethnic groups are part of the Northern Kenya population classified as marginalized and minority communities according to the Constitution of Kenya (2010), which also categorizes the three counties as marginalized. A Social Assessment (SA) was carried out in 2018 for HoAGDP in accordance with WB’s O.P. 4.10 (Indigenous Peoples). As such the SA included Free, Prior and Informed Consultations with the communities, classified as Vulnerable and Marginalized Groups (VMGs). Free, Prior and Informed Consultations as part of the SA lead to the WB’s broad community support (BCS) determination.

As a majority of the population is VMGs, considerations of vulnerability have been mainstreamed into community development plans, therefore HoAGDP will provide a number of  socio-economic benefits to the VMGs. HoAGDP will improve access to selected basic social services at designated locations along Isiolo-Mandera Road Corridor. The social infrastructure under this component will be identified in consultation with VMGs through a needs-assessment. The objective of this engagement process is to facilitate identification of key priority infrastructure and services by local communities.

Avoidance of Adverse Impacts

As mentioned previously, the Project comprises the upgrading of two existing rural roads from gravel to asphalt standards. No land acquisition will take place as the land is legally owned by KeNHA, and as such the Project footprint will remain the same. The upgrade to the Project will not result in any restriction of access to resources. In addition, the Project will not result in: (i) impacts on lands and natural resources subject to traditional ownership or under customary use; (ii) relocation of indigenous peoples from lands and natural resources subject to traditional ownership or under customary use; and / or (iii) impact on critical cultural heritage.

However, the CA and Project Enterprise will require the stakeholder engagement process includes consultation with the Borana and Somali, and that appropriate mitigation measures are carried out throughout the ARAP, as well as during the implementation of the Project (ESAP action item #35). Two additional CLOs should be appointed to manage this stakeholder engagement process to also ensure that cultural values and norms are respected throughout the Project cycle. (ESAP action item #36). The implications of COVID-19 should be taken fully into account in the SEP and measures to undertake engagement where face-to-face options are not available identified.

PS 8: Cultural Heritage

Public consultation carried out as part of the Rhamu Mandera ESIA identified cultural heritage, specifically salty rock that plays a critical role for the community as livestock feed. According to the local community, the salty rock has been in existence for a very long time and the community requested the CA and EPC/O&M contractor preserve this mineral during the Project construction and operation. While it unlikely that cultural heritage resources will be impacted given that the Project is on existing roads and the Project footprint will remain the same, the salt rocks will be mapped so that they are avoided (ESAP action item 36) and the Chance Finds Procedure that has been developed as a precautionary measure should be implemented in relation to all temporary and permanent works areas (ESAP action item # 37). In addition, toolbox talks should be carried out with workers to ensure that they are aware of this Chance Find Procedure and can implement it (ESAP action item #38).

The documentation listed below is available electronically as PDF attachments to this ESRS at www.miga.org. 

• Environmental and Social Impact Assessment (ESIA) Study Report of the Proposed Lot 3 Annuity Road Project for Modogashe-Habasweini-Samatar Road (68km) Located in Isiolo And Wajir Counties, Kenya, AWEMAC, June 2017.
• ESIA Study Report for the Proposed Lot 3 Annuity Road Project for Rhamu-Mandera (75 Km) Road Located in Mandera County, Kenya, AWEMAC, June 2017.
•  Modogashe-Habasweini-Samatar E&S Management and Mitigation Plan (ESMMP), AWEMAC, December 2019.
• Rhamu-Mandera ESMMP, AWEMAC, 2019.
• Kenya Road Annuity Project Lot 3 Supplementary Biodiversity Assessment: Critical Habitat Assessment, TerrCon Consult Ltd 2021
• Road Annuity Project Kenya Lot 3 Biodiversity Action Plan (BAP)
• Road Annuity Project Kenya Lot 3 BAP Appendix III

For additional information, please contact:

Contact name: Robert Shekleton

Contact number: +254 723 171 174

Email: bob.shekleton@gmail.com

MIGA has determined that the Project’s community engagement process has enabled ICP of the broadly affected communities, leading to their support for the Project. MIGA’s determination of Broad Community Support (BCS) considered the following: (i) the level of community engagement conducted to date commensurate with the impacts related to the development and operation of the Project; (ii) community engagement undertaken for the HoAGP, which this Project is a part of; (iii)  a review of Project and HoAGDP documentation; (iv) opinions expressed in additional consultation carried out to confirm ICP; and (iv) discussions with the WB.

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In addition, Affected Communities have unrestricted access to the Compliance Advisor/Ombudsman (CAO), the independent accountability mechanism for MIGA. The CAO is mandated to address complaints from people affected by MIGA-guaranteed business activities in a manner that is fair, objective, and constructive, with the goal of improving environmental and social project outcomes and fostering greater public accountability of MIGA.

Independent of MIGA management and reporting directly to the World Bank Group President, the CAO works to resolve complaints using a flexible, problem-solving approach through its dispute resolution arm and oversees project-level audits of MIGA’s environmental and social performance through its compliance arm.

Complaints may relate to any aspect of MIGA-guaranteed business activities that is within the mandate of the CAO. They can be made by any individual, group, community, entity, or other party affected or likely to be affected by the environmental or social impacts of a MIGA-guaranteed business activity. Complaints can be submitted to the CAO in writing to the address below:

Compliance Advisor/Ombudsman

International Finance Corporation

2121 Pennsylvania Avenue NW

Room F11K-232

Washington, DC 20433 USA

Tel: 1 202 458 1973

Fax: 1 202 522 7400

E-mail: cao-compliance@ifc.org