TERMS OF REFERENCE (TORS) CONSULTANCY FOR STRATEGIC ENVIRONMENTAL AND SOCIAL ASSESSMENT (SESA) FOR THE FIP PROJECT IN GHANA 1. INTRODUCTION The forest resources in Ghana are being depleted at an alarming rate. From the country s original forest cover of 8.2 million hectares at the beginning of the 20th Century only an estimated 4.9 million hectares remain. The deforestation rate is 2.0% leading to an annual loss of around 135,000 ha. In addition to forest loss, the problem in Ghana is a gradual degradation, which is incremental rather than dramatic. Emission data up to around 2000 indicates that Ghana was a net sink due largely to high levels of carbon sequestration in the land use and forestry (LULUCF) sector. Since then deforestation, degradation and conversion of forest to other land uses is the major cause for increases in emissions in the LULUCF sector. Thus issues of desertification, land degradation, drought and loss of biodiversity have become so important that they have been identified in the national development policy frameworks, including the Ghana Poverty Reduction Strategy I and II (2003-2009) and the Ghana Shared Growth and Development Agenda (2010-2013) as some of the key bottlenecks to national development. In order to Reduce Emissions from Deforestation and Forest Degradation (REDD+), Ghana has adopted a number of strategic actions. First of all, Ghana initiated the development of a national strategy on REDD +, which was one of the first in the African region. Ghana s Readiness Preparatory Proposal (R-PP) was approved in March, 2010 at the Forest Carbon Partnership Facility (FCPF) 5 th Participants Committee Meeting held in Gabon. The Forest Carbon Partnership Facility (FCPF), facilitated by the World Bank, brings together 50 donor and forest country participants with the aim of supporting the forest countries in the preparation and subsequent implementation of their REDD + Strategies. The FCPF provided funds for the initial implementation of the national REDD + strategy. Ghana has further sought support from the Forest Investment Program (FIP), which is one of the three programs of the Strategic Climate Fund set up under the 'Climate Investment Funds' (CIFs) by the multilateral development banks (MDBs), to further implement its national REDD + strategy. The purpose of the FIP is to mobilize policies 1
and measures as well as significantly increased funding to facilitate the reduction of deforestation and forest degradation and to promote improved sustainable management forests, which shall result in emission reductions, the protection of forest carbon stocks and poverty reduction. The FIP supports developing countries in their efforts to reduce emissions from deforestation and degradation of forests (REDD) and promotes sustainable forest management to reduce GHG emissions and protect the carbon reservoirs. Strategic environmental and social assessment (SESA) presents all measures related to environmental impact mitigation, environmental monitoring, and the institutional measures to be adopted during the implementation of the project under review, with the aim of eliminating the negative impacts of the project on the environment and the society, remedying the impacts, or reducing them to acceptable levels. Thus the SESA is a key component of all national REDD + programmes, including the Forest Carbon Partnership Facility (FCPF) and the Forest Investment programme (FIP). The SESA is also consistent with the Strategic Environmental Assessment (SEA) approach applied by Ghana s Environmental Protection Agency (EPA) and is essential for both avoiding negative impacts ( do no harm ) and enhancing positive or additional REDD benefits, especially in terms of social and livelihood benefits, governance and wider environmental and biodiversity benefits. This consultancy is aimed at undertaking a combined SESA for two (2) out of the three (3) projects being implemented under the FIP as a result of the landscape approach that is to be adopted in the execution of the projects. The projects for which SESA will be carried out are: 1. PROJECT 1: Securing and Enhancing Carbon Stocks in Natural Forests Resources Through Improved Forest Reserve Management 2. PROJECT 2: Engaging Local Communities in REDD + / Enhancement Of Carbon Stocks Project 1 intends to develop, pilot and validate replicable and up-scalable participatory forest resources management models in and off forest reserves within the Western and Brong-Ahafo regions of the country. The objective of Project 2 on the other hand is to enhance carbon stocks in the off reserve areas in the HFZ by engaging communities in approaches that generate direct financial and environmental benefits for them, leading to reduced deforestation and forest degradation in the landscape. Project 2 will focus on the off-reserve, excluding the ecological corridor areas of the HFZ, to avoid overlapping spatially and partly thematically (replanting, capacity building) with Project 1. It concentrates on work with farmers and communities, on-farm trees (especially in cocoa farming systems), and reforestation. Project 2 will also be carried out in the Western and Brong-Ahafo regions of the country. 2
2. OBJECTIVES The overall objective of this assignment is to ensure that Strategic Environmental and Social Assessment (SESA) is applied to facilitate the integration and mainstreaming of the environmental and social considerations into the implementation of Ghana s national REDD + strategy. The specific objective on the other hand is to assess and document the environmental and social impacts of the two FIP projects, as well as prepare an Environmental and Social Management Plan to outline the steps that will be taken during project implementation of the projects to mitigate the identified impacts. In this regard, the Environmental and Social Assessment (ESA) aspect of the consultancy should focus on identifying significant environmental problems that may arise in the context of the project. Its degree of precision and complexity should be commensurate with the potential impacts of the project. 3. KEY TASKS The consultant/s will carry out the following tasks: 3.1 Analysis of Project Options First, a concise description of the planned project, its geographic, ecological, and social context, as well as its timeframe, with an indication of off-site investments that it may require (such as access roads, storage facilities for agricultural products and alternative livelihood structures) should be undertaken by the consultant(s). This normally includes a site map and the zone of influence of the program. Secondly, a list of project options is documented with an analysis of the potential social and environmental impacts of their implementation. The feasibility of mitigating these impacts; investment and operating costs; suitability to local conditions; and the requirements of each option from an institutional, training, and monitoring standpoint should be outlined by the consultant(s). 3.2 Identification of key environmental and social issues The Consultant(s) will identify key environmental and social issues associated with deforestation and forest degradation in Ghana to inform the selection of environmental and social priorities. This proposed identification of key issues should be based on analytical work using spatial analysis, case studies and participatory rural appraisal methods. Spatial analysis will be applied in mapping and for overlaying different sets of information to identify critical areas of concentration of environmental and social issues. Case studies should be used to show opportunity costs of different land uses including environmental and ecosystems valuation. The consultants should carry out a scoping study for key environmental issues that are likely to impact project implementation. Such a study should include but not be limited to (i) Construction of base maps (ii) Mapping of economic activities and (iii) Examination of specific environmental issues. 3
3.3 Stakeholder Assessment and Consultation of Key Stakeholders The consultant(s) will review the results of a Stakeholder needs assessment undertaken under both the FCPF and FIP projects (note that this is an activity to be carried out by the Ghana team) and undertake an analysis of the existing stakeholders that would be involved in the implementation of the FIP. Notwithstanding, the Consultant(s) at the start of the assignment shall conduct a stakeholder gap analysis to identify any relevant stakeholders that might not have been considered under the two stakeholder analysis. Of particular importance would be an assessment of the roles of beneficiary communities and participating farmers who may be impacted much more than the other stakeholders by the implementation of the FIP. The use of stakeholder analysis tools by the consultant(s) will help identify the stakeholders, access their interests and fears; roles and responsibilities, levels of scale, importance, power and influence in the use and management of forest resources. Such exercise will help unearth the strengths and weaknesses inherent in this system as stipulated in policy documents and pertain in practice. Based on the above review, the consultant shall then prepare a comprehensive consultation and participation plan for the SESA. In carrying out this activity, the consultant shall ensure that these activities are in line with the Consultation and Participation Master Plan (and Framework) of the REDD+ Readiness process. 3.4 Assessment of Institutional Social and Environmental Risk Management Capacity The consultant(s) will review the major areas of activity of the public authorities and the legal and administrative framework for preparation of the ESA and implementation of the FIP. It is important that the environmental rules stipulated by both the World Bank (WB) and the African Development Bank (AfDB) are reviewed by the consultants to ensure compliance with development partner rules. In addition, a review of national environmental laws and international environmental agreements to which the country is a party and which are relevant to the implementation of the FIP is important to ensure compliance. 3.5 Strategic Environmental and Social Assessment The SESA will have the following components: 1. SESA workplan 2. Environmental and social management plan (ESMP) 3. Environmental monitoring and control plan (EMCP) 4. Capacity building and training plan (CBTP) 4
3.5.1 SESA Workplan The consultant(s) will develop a SESA workplan which includes the main activities, deliverables and schedule for the implementation of the SESA process. The workplan should also include the consultation and participation activities of SESA. The SESA workplan would be approved by GoG, WB and AfDB prior to the development of the SESA. The workplan should be included in the inception report to be submitted by the consultant(s) prior to the implementation of the consultancy. The SESA work plan will be subjected to broad stakeholder validation in a SESA inception workshop for key stakeholders. 3.5.2 Environmental and Social Management Plan (ESMP) The ESMP outlines the provisions necessary for the implementation of mitigation measures. It is a key element of the Environmental Assessment report on the project which (i) identifies all measures to address the possible harmful effects of the project; (ii) describes the resources needed to implement these measures. The ESMP will integrate environmental and social considerations in the FIP strategy options and will provide a framework for managing and improving potential environmental and social impacts associated with the implementation of these strategy options through the combination of analytical work, consultation and public participation. This will be done using Ghana s approach for sectoral SEA that comprises five steps: preparation/screening, scoping, assessment, monitoring and evaluation, and reporting. As a prerequisite to the development of the ESMP, the consultants will prepare an Environmental and Social Management Framework (ESMF) suitable for disclosure and public consultations that would involve the following minimum tasks: a) A description of the indicative FIP strategy option(s), which is an output of section 3.2 above b) An outline of the legislative, regulatory, and policy regime under which the FIP would be implemented (output of section 3.4 above) c) A description of the potential future impacts, both positive and negative (output of section 3.1 above) d) An analysis of the particular institutional needs within the FIP Concept Note and REDD+ implementation framework for application of the ESMF (output of section 3.4 above) e) Requirements for technical assistance to public- and private-sector institutions, communities, and service providers to support implementation of the ESMF f) An outline of the budget for implementing the ESMF. 5
The ESMF should also contain specific sections addressing the requirements of applicable WB and AfDB safeguard policies, including as relevant: i. Environmental Management Framework (EMF) to address any potential environmental impacts, including cumulative and/or indirect impacts of multiple activities; ii. iii. Involuntary resettlement and/or restriction of access to natural resources having adverse livelihood impacts (e.g. Process Framework); Stakeholder engagement and dispute resolution framework; and 3.5.3 Environmental Monitoring and Control Plan Environmental monitoring and control (EMC) during project execution provides information on the critical environmental aspects of the project, in particular, its environmental impacts and the effectiveness of the mitigation measures implemented. This information will permit the Government and its partners to assess the success of mitigation measures in the context of program supervision, and will facilitate the adoption of corrective measures, if necessary. The EMCP outlines the objectives and type of monitoring and control to be conducted relative to the impacts assessed and the mitigation measures set forth in the ESMP. More specifically, the EMCP monitoring section will include: (i) An exact description, along with technical details, of monitoring measures, including the parameters to be measured, methods to be used, places from which samples will be obtained, frequency of measurements, and detection limits (where appropriate), with an indication provided of any corrective measures required; and (ii) Monitoring and report preparation procedures with the aim of (i) rapidly detecting the conditions that requires specific mitigation measures; and (ii) providing information on progress made and results obtained in the context of these measures. 3.5.4 Capacity Building and Training Plan In order to facilitate sound and timely implementation of the environmental component of the project and of measures to mitigate harmful effects, there is the need to develop a capacity building and training plan (CBTP) that reviews the role and capacities of key implementing stakeholders. The CBTP should include capacity gap analysis and further recommend corrective measures. The CBTP should also address how these corrective measures can be financed. The CBTP may include information on (i) technical assistance programs; (ii) procurement of goods and materials; and (iii) organizational changes. 6
3.6 National Validation Workshop A national validation workshop would be held to review the draft SESA submitted by the consultant(s), prior to the acceptance of the report. The validation workshop is crucial in defining the legitimacy of all subsequent stakeholder consultation and participation processes. The national validation workshop will address issues such as legitimacy and representativeness of stakeholder groups as well as mechanisms for feedback in the SESA process. Views, comments and agreements from the validation workshop should be used by the consultants to finalize the SESA Report. The SESA report and the outcomes of the national validation workshop shall then be publicly disclosed via the websites of the Forestry Commission (FC), the Environmental Protection Agency (EPA) and Ministry of Information websites and the info shops of Forestry Commission as well as in the Talking Drum (www.thetalkingdrum.com). For reaching out to local communities a plan summary will be communicated by community radio. 4. Outputs and Timelines The consultant will produce the following outputs within the identified timeline (milestones): i. Submission of Inception report within two weeks after the signing of the contract ii. Submission of draft SESA Report, which includes an ESMP, EMCP and CBTP as annexes. Other annexes should include the List of persons and organizations involved with preparation of the SESA; References and bibliography; Summary of survey reports if any; Tables providing data that appear, either in full or in summary form, in the body of the text; and List of related reports. The draft SESA report should be submitted for review by the 1 st Week of August 2013 iii. Hold National Validation Workshop and submit report by 15 th August 2013 iv. Submit final SESA report with annexure submitted by 31 st August 2013 The assignment will be for an initial period of three months. A work plan and programme for the assignment will be developed, in line with the present TORs and agreed with the Government and MDB teams, within two weeks after submission of an inception report by the consultant(s). The performance of the lead consultant will then be monitored, regularly updated and reviewed by the Government and MDB teams. Work performance will be reviewed during the mid-term of the consultancy. 5. Qualifications, Experience and Composition of SESA Team The SESA process will be undertaken by either a consulting firm or individual. The consultant(s) should have a demonstrable prior experience and knowledge of either WB s or AfDB s environmental and social safeguards; working with local communities; sound knowledge of the socio-economic and environmental context of Ghana and its forestry, 7
Cocoa and agricultural sectors; and show full familiarity with technical aspects of these sectors. The minimal technical expertise required for the SESA may include the following: 1. Team leader should have proven experience in leading sector or national reviews or assessments of public policies or development strategies. At least 15 years experience, of which 10 years are relevant experience in developing countries, is required. This expert should have at least 2 years of experience in Western African countries. Experience in Ghana is desirable. S/he must have academic training in natural resources management, environmental or social sciences. Experience in SEA or SESA is desirable. The team leader could also double up as one of the three specialists outlined below. 2. Natural resource/forestry specialist should have at least 10 years of experience in forest management, including timber and non timber projects. At least two years of experience in forestry projects in Ghana is required. Knowledge on the legal, regulatory and institutional framework of natural resources in Ghana including mining and agriculture is desirable. 3. Social development or Stakeholder engagement specialist should have at least ten years of experience on forest and rural communities. Familiarity with participatory rural appraisal and social issues associated with forests in Africa and the World Bank social safeguard policies is required. At least three years of experience in Western Africa is required; experience in Ghana is desirable. Experience in working with indigenous peoples is also desirable. 4. Environmental Specialist should be able to cover all environmental issues of the project. S/he may have at least 10 years of experience in environmental assessment in developing countries. Familiarity with environmental issues associated with forests in Africa and the WB s or AfDB s environmental safeguard policies is required. Experience in environmental valuation is desirable. Priority will be given first to experience in Ghana and then in developing countries. All members of the team should be fluent in English. Specific technical inputs on legal, infrastructure development projects, gender and environmental and natural resources valuation should be provided by the Consultant(s) as needed. 6. Reporting The lead consultant shall present completion reports, in both hard and soft copy, to the project coordinator, MLNR. 7. Duration The Local Consultant shall commence the Services from the June 1, 2013 to August 31, 2013. The assignment encompasses a maximum of 2 man months even though the consultancy duration spans a period of 3 months i.e. June to August, 2013. 8
10. Contract Amount The contract sum will be negotiated following a review of the financial bid, which will include compensation for all services rendered and for all costs and expenses whatsoever incurred in carrying out the Services and performing the Contract. 9