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EXECUTIVE SUMMARY
JANUARY 2020
4.3. African Development Bank Operational Safeguards and Other Relevant Policies and
Guidelines
The African Development Bank’s relevant guidelines and policies applicable to the Programme consist of
the following [12]:
• The Integrated Safeguards System (ISS) Policy adopted in December 2013. The Bank requires
that borrowers/clients comply with operational safeguards (OSs) requirements during project
preparation and implementation:
o Operational Safeguard 1: Environmental and social assessment;
o Operational Safeguard 2: Involuntary resettlement land acquisition; population
displacement and compensation;
o Operational Safeguard 3: Biodiversity and ecosystem services;
o Operational Safeguard 4: Pollution prevention and control, hazardous materials and
resource efficiency; and
o Operational Safeguard 5: Labour conditions, health and safety;
• The Gender Policy (2001) and the AfDB Group Gender Strategy (2013);
• AfDB Civil Society Engagement Framework (2012);
• Disclosure and Access to Information Policy (2012);
• Policy on Poverty Reduction (2001);
• Policy for Integrated Water Resources Management (2000);
• Environmental and Social Assessment Procedures (ESAP).
Furthermore, the following documents of the International Funding Corporation (IFC) should be
considered [13]:
• IFC Stakeholder Engagement Handbook (2007);
• IFC Handbook for Preparing Resettlement Action Plan (2002);
• IFC General Environmental, Health, and Safety (EHS) Guidelines (2007).
Furthermore, STP has adhered and adopted several international and regional environmental protection and
conservation conventions and protocols, including creation of specific public institutions or strengthening
of existing ones dedicated to environmental and social protection. Examples of these are the strengthening
of the action of MOPIRNA and the creation of the DGA. STP is a signatory of the following international
and regional conventions/protocols:
• The UN Convention on Biodiversity - “National Biodiversity Conservation Strategy and Action
Plan” (“Plano Nacional de Estratégia e Acção para a Conservação da Biodiversidade”);
• The Stockholm Convention on Persistent Organic Pollutants (POPs) – Decree 64/2009 , December
31, 2009 (Diário da República nº 90, 19º Suplemento); and
• The United Nations Framework Convention on Climate Change - ratified on May 30 1998.
c) Public consultation held by the project proponent with the participation of relevant government
entities, which is the moment when the perceptions of the parties involved and interested in relation
to the environmental impact study being carried out are heard;
d) Determination of the effect of the impact of the proposed activities in accordance with the
predetermined evaluation criteria, by the project proponent;
e) The review of the environmental impact study by the governmental entity that manages the area
of the environment;
f) The decision on environmental feasibility by the governmental entity that manages the area of
the environment and the issuance of the respective environmental license in case of a positive
assessment;
g) The registration and consultation of the process, considering that the processes related to the
environmental impact assessment will be available for consultation by the interested public, after
safeguarding the rights of the third party, which are also protected.
Annex I of the regulation on environmental impact assessment process is about activities that may have
significant impacts on the environment and that require environmental impact studies. The activities
proposed here are framed in point 3 of Annex I, exploration of water resources and large-scale hydraulic
works (subproject 2), point 4, electricity transmission lines (subproject 2), point 9, thermal, hydroelectric
and nuclear power plants (subprojects 1 and 2), and point 14, programs and projects that involve the
permanent or temporary displacement of population or communities (subproject 1). As it can be seen in
previous statements, the national regulation does not explicitly include matters of social nature in its
chapters. Development of relevant laws for sustainable development is São Tomé and Príncipe is in its
initial stage. Therefore, some legislation for pertinent issues is still missing. This is the case of involuntary
resettlement, which does not have a specific legal provision. There is no land law as such. The state land
property management law and the constitution cover some aspects which should be part of a land law but
not completely. In all the cases where there is no specific legal provision in the country, legislation of the
AfDB and of the IFC will be used. Furthermore, for very specific issues other international legislation will
be considered.
A similar procedure is followed by the African Development Bank. The AfDB integrated safeguards system
defines four levels of details for the pre-assessment (scoping), which are called categories, namely
categories 1, 2, 3 and 4 [5]. Category 1 refers to the category with the highest environmental and social
impacts and category 3, the one with the lowest or negligible impacts. The present project was classified
under the category 2 in the AfDB pre-assessment exercise. Category 2 projects require an appropriate level
of Environmental and Social Impact Assessment tailored to the expected environmental and social risks so
that adequate Environmental and Social Management Plans (ESMPs) can be prepared to manage the
environmental and social risks of sub-projects in compliance with the AfDB safeguards.
Following both methodologies, at project scoping phase the potential impacts/risks have been classified as
follows:
6. PUBLIC CONSULTATION
Relevant data collection and interviews were conducted with relevant stakeholders in the context of the
preparation of the ESMF, including the DGA, AFAP and the power utility EMAE. Once subprojects are
adequately defined, ESIAs/ESMPs will be prepared for each subproject according to their environmental
and social risk profile and in accordance with national and AfDB guidelines and requirements [1, 2, 3],
which, inter alia, require public consultations. According to article 7 of the regulation on environmental
impact, the public consultation period should be widely disseminated by the government entity responsible
for environmental management, in written and spoken press with greater impact on the communities
targeted by the project, also informing the place of filing of the study, the date of the public meeting and
the deadline, which should not exceed thirty working days, for the delivery of any grievance and complaints.
PROCEDURE
ACTIVITY RESPONSIBILITY Collaboration
STP AfDB
Pre-Assessment/categorisation: It is done according to decree 37/1999 of the national legislation for each subproject.
Yes Yes DGA and AfDB
For AfDB this activities count as one project and has been classified as category 2.
Preparation of ESIAs/ESMPs/RAPs: Items include (i) an introduction, (ii) the project scoping, (iii) the policy, legal and
administrative framework, (iv) project definition, (v) analysis of alternatives, (vi) project baseline, (vii) evaluation of the
EMAE/AfDB/Local
environmental and social impacts and their significance, (viii) expected residual effects, (ix) summary of public
authorities/ Local
consultations and the opinions expressed, (x) environmental and social management plans. In case of need of a Yes Yes Hired consultant
population
resettlement action plan, this should be an independent document. It is to note that two sets of documents should be
representatives
prepared. One set for the AfDB, in English and following AfDB guidelines. The other one for DGA, in Portuguese and
following STP legislation.
Public consultations: It is the time when the perceptions of the parties involved and interested in relation to the project EMAE/Local
are heard. This should involve people from all categories, particularly those living in the vicinity of the subprojects. Local authorities/ Local
Yes Yes Hired consultant
and relevant administrative authorities should participate in this event, which should be publicised in the written and population
spoken media. Where applicable, letters should be directed to relevant entities and or organisations. representatives
Presentation of ESIAs/ESMPs/RAPs: Final reports should be presented officially to both AfDB and DGA Yes Yes EMAE
Review of ESIAs/ESMPs/RAPs: Both DGA and AfDB have to make the review of the submitted documents in
Yes Yes DGA and AfDB
accordance with their legislations, whereby time has been stipulated for this review.
Decision on ESIAs/ESMPs/RAPs and issuance of licences: After approval of the submitted documents DGA will issue
licences for the implementation of the subprojects. In its turn AfDB will issue a letter of funding for the subprojects. In Yes Yes DGA and AfDB
case of a negative appreciation it will be said what is to be done.
Project/Subprojects implementation: After approval by both DGA and AfDB then the project/subprojects
implementation can start. It is to note that in case of a need of a resettlement in any subproject, no activities in that
Hired consultants/
subproject can start before compensation of the project affected people (PAP). The project/subprojects implementation Yes Yes EMAE
contractors
should follow strictly the mitigation measures outlined in ESIA and the ESMP/RAP. Monitoring and audit and evaluation
are part of the project/subprojects implementation.
- Follow-up / monitoring and management of complaints Yes Yes EMAE AFAP/Local authorities
Hired
- Audit and evaluation Yes Yes AfDB
auditors/DGA/AFAP
At the subproject level the specific management measures should consist of the following:
Subproject 1: Urgent grid reinforcement and maintenance works on existing thermal plants
• For social conflicts impacts:
o Implementation of an appropriate Resettlement Action Plan (RAP) can be necessary.
• For waste and emissions handling and disposal impacts:
o Disposal site for waste from the electrical/mechanical activity must be established by
EMAE, to where all the waste from the electrical/mechanical activity must be transported
at the end of the work.
Subproject 4: Implementation of an energy efficiency programme for public buildings and streetlights
• For waste and emissions handling and disposal impacts:
o Replaced equipment, with hazardous and environmentally harmful gases or materials, is
required to be treated by companies specialized in the treatment of such wastes, and then
dropped in proper places to accommodate toxic waste.
7.3. Public Communication and Consultation Mechanism Plan through the Project Cycle
Effective stakeholder engagement is needed to avoid and minimize environmental and social risks. The
Stakeholder Engagement Plan (SEP) describes the planned stakeholder consultation and engagement
process for the subprojects. It outlines a systematic approach to stakeholder engagement that will help
EMAE develop and maintain over time a constructive relationship with their stakeholders throughout the
duration of the project. The document also includes a Grievance and Redress Mechanism (GRM) for
stakeholders to raise their concerns about the project. The SEP shall be produced in accordance with
international standards required by the African Development Bank (AfDB) and by national standards in
São Tomé e Principe. The SEP is a living document and it will be regularly monitored, reviewed and
updated by EMAE throughout all stages of project implementation. The entity responsible for the SEP
elaboration is EMAE, before the beginning of the project, and its review will be made by a hired consultant.
The implementation of SEP will be done and coordinated by EMAE or a hired consultant, on a daily basis
during the project implementation. EMAE/Consultant will be in charge of the reporting, on a monthly basis
or in case of event /public consultation, meetings, etc. The daily monitoring of the process will be made by
EMAE or a hired Consultant/Independent Auditor. The main stakeholders involved in the process are the
DGA, AFAP, local authorities and local community representatives, affected people and contractors.
Under these circumstances, a Health, Safety and Social and Environmental Management Unit is proposed
to be established under the structure of EMAE, with the following objectives:
In order to be able to fulfil these roles, EMAE shall ensure a basic capacity building in order to successfully
and progressively establish and run the HSE Unit. The dimension of the proposed HSE Unit must be defined
according to the EMAE structure and level of demand of such services, as well as the maturation stage of
the company’s structure, human resources development and the company’s business development itself.
7.5. Grievance Mechanism for Anticipation and Handling the Project Environmental and Social
Related Complaints and Conflicts
The Grievance and Redress Mechanism (GRM) is a systematic process for receiving, evaluating and
facilitating resolution of affected people’s project-related concerns, complaints and grievances about the
borrower’s/client’s social and environmental performance on a project. Formal communication channels
should be established to enable the resolution of the apprehensions of the affected population, including
mechanisms for receiving and handling grievances. Grievances mechanism should ensure consultation,
responsiveness, timely evaluation and, where appropriate, access to justice. This includes the following
objectives:
• Provide the affected populations with credible and accessible means of putting a complaint or
seeking resolution of a dispute that may arise during the resettlement; Any person or organisation
may send comments and/or complaints in person, by phone or via post or email using the contact
information that must be provided and disclosed by EMAE;
• Ensure that each complaint is investigated and that appropriate and timely corrective action is
taken; and
• Provide means for arbitration and resolution of disputes or conflicts, as these arise.
Information of the existence of channels for receiving complaints, as well as the principles and rules of the
grievance mechanism, should be clearly communicated to all concerned. After a complaint or dispute has
been transmitted to EMAE by the affected persons directly or through local authorities, it will be registered
7.6. Listing of the Performance Indicators for the Monitoring of the Implementation of the
ESMF
Proper and effective implementation of the ESMF, and subsequent ESMP and ESIA, must be managed by
the Project Implementation Unit (PIU) where all sectors involved are represented. In case of need, expert
consultants and external auditors may be hired, who should also be part of the monitoring and auditing
actions, as well as support to the management of the entire process.
At subproject level, the achievement of the following milestones of each subproject should be monitored:
• Process instruction / preparation of ESIA/ESMP;
• Submission of ESIA/ESMP;
• Issuance of the environmental license;
• Public consultations carried out;
• End of ESIA/ESMP implementation (mitigation measures implementation completed; final audits
done; monitoring of complaints process completed; final report done).
In the case of subproject 1, if there is a need for the elaboration and implementation of a Resettlement
Action Plan (RAP), the monitoring and evaluation indicators include the following primarily the rights of
the displaced people:
• Grievances registered/solved;
• Assets (houses, crops, fruit trees, etc.) compensated, the amounts paid out and facilities restored;
In the case of subproject 2, environmental care must be taken during the rehabilitation of Papagaio
hydropower plant considering its localization inside the Obô National Park. Environmental indicators can
The roles and responsibilities for the implementation of the ESMF are as follows:
• Project coordinator: EMAE
• Environmental safeguards specialist (ESS-PIE): Consultant (to be hired)
• Social safeguards specialist (SSS-PIE): Consultant (to be hired)
• Procurement specialist (PS-PIE): Consultant (to be hired)
• Technical specialist (TS – PIE): Consultant (to be hired)
• Financial management specialist (FS – PIE): Consultant (to be hired)
• Monitoring and Evaluation specialist (M&E-PIE): Auditor (to be hired)
Table 1.3 below presents detailed roles and responsibilities of ESMF implementation.
2. Beneficiary;
Env. safeguards
Screening, categorization and identification of the required Local authority
specialist (ESS) on
instrument (national EIA procedure) Social Safeguards Specialist (SSS) on
the PIE
the PIE
Public EA Agency
ESS-PIE (PEA)
Approval of the classification and the selected instrument by the
3. PIE Coordinator SSS-PIE
Public EA Agency The Bank
Preparation of the safeguard document/instrument (ESIA, Env. Audit, simple ESMP, etc.) in accordance with the national legislation/procedure (considering
4.
the Bank policies’ requirements)
Preparation and approval of the ToRs The Bank
Public EA Agency
Procurement specialist (PS-PIE) (PEA)
Report validation and issuance of the permit (when required) SSS-PIE
Local authority The Bank
Media;
Disclosure of the document Project Coordinator
The Bank
Control Firm
(Supervisor) PEA
(i) Integrating the construction phase mitigation measures and
E&S clauses in the bidding document prior they’re advertised; (ii) Technical staff in
5. ESS-PIE
ensuring that the constructor prepares his ESMP (C-ESMP), gets charge of the sub-
project (TS-PIE) PS-PIE
it approved and integrates the relevant measures in the works
SSS-PIE
breakdown structure (WBS) or execution plan.
M&E-PIE
Reporting on project safeguards performance and disclosure Coordinator ESS-PIE
SSS-PIE
M&E-PIE
ESS-PIE; SSS-PIE
External oversight of the project safeguards PEA
PS-PIE
compliance/performance
Supervisor
Consultant
SSS-PIE
8. Building stakeholders’ capacity in safeguards management ESS-PIE Other qualified public
PS-PIE
institutions
SSS-PIE
9. Independent evaluation of the safeguards performance (Audit) ESS-PIE PS-PIE Consultant
The Project Implementing Entity (PIE), and any institution participating in the implementation, will not issue a Request for Proposal (RFP) of any
activity subject to Environmental and Social Impact Assessment (ESIA), without the construction phase’s Environmental and Social Management
Plan (ESMP) inserted in, and will not authorize the works to commence before the contractor’s ESMP (C-ESMP) has been approved and integrated
into the overall planning of the works.
This abovementioned section, on the roles and responsibilities for the implementation of the ESMF, are to be inserted in the E&S safeguards
management section of the project implementation manual (PIM).
8. REFERENCES
[1] INE – Instituto Nacional de Estatística da República Democrática de São Tomé e Príncipe
(www.ine.st/index.php/o-pais/sobre-o-pais), retrieved on 29.09.2019;
[2] AfDB - STP Energy Transition Support Programme_v5.1 (Project Concept Note: Energy
Transition Support Programme), July 2019;
[3] AfDB - STP Energy Transition Support Programme Aide Memoire, October 2019;
[4] Mario Souto “Quadro de Gestao Ambiental e Social”, The World Bank, April, 2016;
[5] Fauna & Flora International (www.fauna-flora.org/countries/sao-tome-principe), retrieved on
29.09.2019;
[6] The World Bank (), retrieved on 29.09.2019;
[7] Programa Indicativo de Cooperação Portugal – São Tomé e Príncipe (2012-2015)
(https://www.instituto-camoes.pt/images/cooperacao/sumexec_stp1215.pdf), retrieved on
29.09.2019;
[8] http://www.seaaroundus.org/doc/publications/wp/2015/Belhabib-Sao-Tome-and-Principe.pdf ;
[9] https://macauhub.com.mo/2018/12/14/pt-sao-tome-e-principe-procura-aumentar-receitas-
turisticas/, retrieved on 29.09.2019;
[10] https://en.wikipedia.org/wiki/São_Tomé_and_Príncipe, retrieved on 29.09.2019;
[11] www.ambiente-stp.net, retrieved on 29.09.2019;
[12] www.afdb.org, retrieved on 29.09.2019;
[13] www.ifc.org, retrieved on 29.09.2019.