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STAKEHOLDER ENGAGEMENT PLAN

 



  STAKEHOLDER ENGAGEMENT PLAN

FOR

Nigeria Distribution Sector Recovery Program DISREP

{P172891}

 

 

Draft Report

October 2020

 

Table of Contents

LIST OF TABLES. iv

LIST OF FIGURES. iv

LIST OF ACRONYMS AND ABBREVIATIONS. v

EXECUTIVE SUMMARY.. 1

CHAPTER ONE.. 3

1.0 INTRODUCTION.. 3

1.1 Background Information. 3

1.2 Purpose of the Project 5

1.3 Objectives of the Stakeholders Engagement Plan. 6

1.4 Key Results Areas and Disbursement Linked Indicators (DLIs). 6

1.5 Stakeholder Engagement to date and Key Feedback received during Stakeholder Consultations  8

1.6 Principles for effective stakeholder engagement 9

1.7 Structure of Stakeholder Engagement Plan. 10

CHAPTER TWO.. 11

2.0 STAKEHOLDER ENGAGEMENT REGULATORY CONTEXT. 11

2.1 Stakeholder Engagement Regulatory Context Error! Bookmark not defined.

2.2 Key National Legal Provisions for Environmental and Social Safeguards and Citizen Engagement 11

2.2.1 The Freedom of Information Act 11

2.2.2 Constitution of the Federal Republic. 11

2.2.3 Nigerian Environmental Assessment Law.. 11

2.2.4    Other Legal Provisions on Stakeholder Engagement and Disclosure. 12

2.3 World Bank Environmental and Social Standard on Stakeholder Engagement 12

CHAPTER THREE.. 13

3.0 STAKEHOLDER IDENTIFICATION AND ANALYSIS. 13

3.1 Program Stakeholder identification and Analysis. 13

3.2 Stakeholder Categorization. 13

3.2.1 Implementing Agencies. 13

3.2.2 Affected Parties. 15

3.2.3 Interested Parties. 16

CHAPTER FOUR.. 18

4.0 STAKEHOLDER ENGAGEMENT PLAN (THROUGHOUT PROJECT LIFE-CYCLE) 18

4.1 Stakeholder Engagement Plan. Error! Bookmark not defined.

4.2 Engagement Methods and Tools. 18

4.3 Identifying Themes to Discuss with Stakeholders. 22

4.4 Description of Engagement Methods. 23

4.5 Institutional Stakeholders Engagement 31

4.6 Consultation with Stakeholders. 34

4.7 Disclosure and Participation Plan. 34

4.7.1 Disclosure Mechanism.. 35

4.7.2 Process for Disclosure of Information. 35

4.8 Timetable for Disclosure. 36

CHAPTER FIVE.. 38

5.0 RESOURCES AND RESPONSIBILITIES. 38

5.1 Introduction. 38

5.1.1 External Resources. 39

5.1.2 Training. 39

5.1.3 Financial Resources. 40

5.1.4 Budget 40

CHAPTER SIX.. 41

6.0 GRIEVANCE MANAGEMENT. 41

6.1 Grievance Redress Mechanism (GRM) 41

6.2 Grievance Resolution Framework. 42

6.3 DISREP Grievance Escalation Process. 43

6.4 Grievance logs. 44

6.5 Screening, Prioritization and Assignment 44

6.6 Monitoring and reporting on grievances. 45

6.7 Points of contact Error! Bookmark not defined.

6.8 World Bank Grievance Redress System.. 45

CHAPTER SEVEN.. 47

7.0 MONITORING AND REPORTING.. 47

7.1 Monitoring and Reporting. Error! Bookmark not defined.

7.2 Reporting. 47

7.3 Stakeholder Involvement in Project Monitoring. 48

7.4 Ongoing Reporting to Stakeholders. 48

7.5 Training. 49

ANNEXES. 50

ANNEX 1:  Proposed Budget Line Items for Stakeholder Engagement 50

ANNEX 2:  NERC Customer Classification Index. 50

ANNEX 3:  PROPOSED TRAINING OUTLINE.. 52

 

 

LIST OF TABLES

Table 4.1:  Stakeholder group consultation methods  21

Table 4.2:  Engagement Techniques  24

Table 4.3:  Methods/Tools for Information Provision, Feedback, Consultation and Participation  26

Table 4.4:  Consultation methods for vulnerable groups  31

Table 4.5: Stakeholder Engagement Among the Implementing Agencies, Partners and DISREP Coordinating Agency under the IPF AND TA components  33

Table 4.6:  Stakeholder Engagement and Disclosure Methods  36

Table 5.1:  Organizational Roles and Responsibilities. 38

Table 5.2:  Resources facilitation. Error! Bookmark not defined.

Table 6.1:  Grievance priority classification. 45

Table 7.1:  Key Performance Indicators by Project phase. 47

Table 7.2:  Outline of Reports to Stakeholders. 49

 

LIST OF FIGURES

Figure 1.1:  FGN’s PSRP framework and WB’s support in alignment to PSRP. .4

Figure 1.2:  Theory of Change (Result Chain) And Causal Link Of DISREP Activities. 8

Figure 1.3:  The Process Flow of Stakeholder Engagement 10

Figure 4.1:  Important questions for preparing a message. 19

Figure 4.2:  Checklist to guide in developing clear messages. 19

Figure 4.3:  Re-configured existing coordination structures in line with the Nigeria DISREP. 32

Figure 6.1:  Grievance Mechanism flowchart 41

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LIST OF ACRONYMS AND ABBREVIATIONS

 

DISREP   Nigeria Distribution Sector Recovery Program
AoI   Area of Influence

CDA    Community Development Association

CCT Conditional Cash Transfers

CSOs    Civil Society Organizations

CLO    Community Liaison Officer

DLI Disbursement-linked indicator

DLR Disbursement-linked results

DISCO Distribution Company

ES    Executive Summary

ESS Environmental and Social Standards

ESF Environmental and Social Framework

FGD    Focus Group Discussions

FPIC   Free Prior Informed Consent

GRM    Grievance Redress Mechanism

GO   Grievance Officer

IDP Internally Displaced Person

IVA  Independent Verification Agent

LGA Local Government Area

LRP Livelihood Restoration Plan

MDAs Ministries, Departments and Agencies

MPA    Multi-phase Programmatic Approach

MYTO Multi Year Tarriff Order

FGN Federal Government of Nigeria

FMEnv Federal Ministry of Environment

FMoF   Federal Ministry of finance Budget and Planning

FMoP   Federal Ministry of Power

NGO   Non-Governmental Organization

PAF Project Affected Families

PAP Project Affected Person

PDO Project Development Objective

PID Project Identification Document

PforR   Program for Result

VDC    Village Development Committee

WBG    World Bank Group

WDR    World Development Report  

 

 


EXECUTIVE SUMMARY

The World Bank is supporting the Federal Government of Nigeria’s comprehensive reform efforts in the Power Sector through the proposed large integrated programmatic engagement starting with a Power Sector Recovery Program (PSRP) PSRP program for results (PforR) operation. The programmatic engagement involves a series of integrated operations under two streams, PSRP PforRs and Distribution Sector Recovery Program (DISREP) (Distribution PforRs), to holistically address the sector issues. The PSRP PforRs will help establish policy, regulatory, contractual and financing conditions for power sector companies to improve performance while the proposed Distribution Sector Recovery Program (DISREP) and its additional financing will support improvement of DISCOs operational performance, service delivery and governance.

Specifically, the DISREP is a hybrid operation, combining Program for Results (PforR), Investment Project Finance (IPF) and Technical Assistance (TA) components.  The PforR component will provide funding to DISCOs for the implementation of critical elements of their Power Improvement Plan (PIPs) through the on-lending of World Bank funds to DISCOs.

For the effective implementation of the Nigeria DISREP program, including the activities listed under the IPF and TA components, there is a need for open and inclusive engagements/dialogues with stakeholders, Project Affected Entities (PAEs), and other interested parties. Stakeholder engagement is a critical process that identifies the procedures for the proponent to map, identify, communicate and engage with people affected by its decision and activities, as well as others with an interest in the implementation and outcomes of its decisions and the project. It is an inclusive process that is required throughout the lifecycle of project implementation, commencing as early as possible. Participatory approaches in project planning and implementation enhance project policy, ownership, sustainability and also empowers targeted beneficiaries.

 

The Program Development Objective (PDO) is to improve financial and technical performance of the electricity distribution companies. Consistent with the PSRP, the DISREP seeks to achieve this objective by supporting the distribution sector to invest in the infrastructure and operational improvements required to turn around their technical and financial performance, in line with approved PIPs.

 

Specific objectives of this SEP are;

  • To map and identify the key stakeholder groups;
  • To develop the procedure for effective stakeholder engagements throughout the Program’s lifecycle; and
  • To identify resources needed and timeframe to achieve effective participation in each stage of the process and describes the stakeholder engagement process.

 

Applicable National Legal Provisions and Regulations for Environmental and Social Safeguards and Citizen Engagement include; Constitution of the Federal Republic of Nigeria (1999) as amended, The Freedom of Information Act (2011), Nigerian Environmental Impact Assessment (EIA) Act Cap E12, LFN 2004, The Nigerian Urban and Regional Planning Act, Cap N138, 2004. Applicable World Bank Policies include; The World Bank’s Environmental and Social Framework (ESF)’s Environmental and Social Standard (ESS) 10.

 

The level of success and sustainability of the DISREP program is crucial and dependent upon a proper Stakeholder Engagement Plan and its associated activities taking place.

 

For the purposes of effective and tailored engagement, the stakeholders of DISREP can be divided into three core categories:

  1. Implementing Agencies (e.g., MDAs)
  2. Affected Parties (beneficiaries, PAPs, etc.)
  3. Interested Parties (local population who can benefit indirectly, etc.)

 

In keeping with the applicable reference framework and the expectations of the stakeholders, the project will undertake regular engagement with the key stakeholder groups identified through the life of the project utilizing various engagement methods identified for the purpose of this project such as; focus group discussions, semi-structured and structured interviews and questionnaires, open public meetings, and information disclosure.

 

The management, coordination and implementation of the SEP and its integral tasks will be the responsibility of dedicated team members within the DISREP PMU.

 

In compliance with applicable local and national laws and essentially the World Bank’s OP 4.01, a project-specific mechanism is being set up to handle complaints and issues. This process (referred to as the Grievance Redress Mechanism) would be specially designed to collect, collate, review and redress stakeholders’ concerns, complaints and grievances. The GRM will be accessible and understandable for all stakeholders in the project and for the entire project life.

 

Monitoring and evaluation of the stakeholder process is considered vital to ensure the DISREP can respond to identified issues and alter the schedule and nature of engagement activities to make them more effective. A series of key performance indicators for each stakeholder engagement stage have been developed and outlined in Table 7.1.

 

 

 

 

 

 

 

 

 


CHAPTER ONE

1.0   INTRODUCTION

1.1   Background Information

The World Bank is supporting the Federal Government of Nigeria (FGN) comprehensive reform efforts in the Power Sector through the proposed large integrated programmatic engagement starting with a Power Sector Recovery Program (PSRP) PSRP program for results (PforR) operation. The programmatic engagement will involve a series of integrated operations under two streams – PSRP PforRs and Distribution Sector Recovery Program (DISREP) (Distribution PforRs), to holistically address the sector issues (Figure 1). The PSRP PforRs will help establish policy, regulatory, contractual and financing conditions for power sector companies to improve performance while the proposed Distribution Sector Recovery Program (DISREP) and its additional financing will support improvement of DISCOs operational performance, service delivery and governance.

As part of efforts to bridge the gap between the demand and supply of electricity within the country the Federal government launched the Electric Power Sector Reform Act in 2005 to improve the performance of the electricity sector. This Act unbundled the then government-owned electricity utility (the Power Holding Company of Nigeria (PHCN) into Power Generation (GenCos), Transmission (TCN) and Distribution Companies (DISCOs. The Act also created and empowered the electricity sector regulator (The Nigeria Electricity Regulatory Commission – NERC) as well as the Bulk Electricity Trader (NBET).

 

The ambitious step towards the revamping of the power sector was stalled by high losses (both technical and non-technical) occasioned by low collections, coupled with average tariffs below cost reflective level, accounting for an annual financial deficit in the sector in 2019 of approximately NGN 592 billion (USD 1.65 billion5). This translates into the inability of the DISCOs to meet their remittances to NBET under the Vesting Contracts (the estimated average remittance was about 29 percent for 2018). The Federal Government identified the need to coordinate the interventions geared towards economic recovery. To achieve this objective, the Federal Government launched the Power Sector Recovery Program (PSRP) in March 2017. PSRP relies on policy and regulatory environment, network infrastructure, operational efficiency, and financial sustainability to achieve its objective.

 

The inability of the DISCOs to meet their financial obligations to NBET also affects the other components of the chain (TCN and the GenCos). To ultimately improve the revenue collection of the DISCOs it is necessary to initiate and implement programmes that will Reduce the current extremely high ATC&C losses, improve revenue collection, increase the number of customers connected to their network and thus increase revenues to be received and remitted to NBET as well as their credit worthiness.

Having identified the DISCOs as the major actors upon which the financial viability of the entire sector depends, NERC has issued instructions requiring all DISCOs to submit a Performance Improvement Plan (PIP) as part of efforts towards achieving the objectives of the PSRP. The PIP is designed to “provide a framework for performance improvement and monitoring in the 2020-2024 period” and will help NERC monitor and sustain improvements in operational performance in;

  • Electricity supply to customers
  • Commercial operations and
  • Management of corporate resources.

 

Figure 1.1: FGN’s PSRP framework and WB’s support in alignment to PSRP

 

The DISREP operation supports DISCOs in their implementation of approved PIPs and NERC in their oversight of the performance of the distribution sector. 

The DISREP is a hybrid operation, combining Program for Results (PforR), Investment Project Finance (IPF) and Technical Assistance (TA) components.  The PforR component will provide funding to DISCOs for the implementation of critical elements of their PIPs through the on-lending of World Bank funds to DISCOs. 

The IPF component will provide additional support to DISCOs PIP implementation through the bulk procurement of customer meters in line with DISCOs PIP meter roll-out plans.  The IPF component will also fund the procurement and commissioning of a DAP within NERC to assist them in their role of electricity network regulator and the agency responsible for oversight of the distribution sector and DISCO operations and performance. 

DISREP TA will support the design of a power consumer assistance fund in order to ensure that the most vulnerable Nigerian power consumers are not impacted by changes in distribution sector operations and tariff structures. 

TA will also be provided for implementation support for DISCOs as well as capacity building to the DISCOs and to the MoP with a focus on the evolution of the distribution sector and associated changes in sector commercial operations and business models and on how to address the gender gap in electricity access in Nigeria.  Together, the DISREP components will support the successful implementation of PIPs and, in-turn, address the infrastructure and operational improvement aspects of the PSRP, contributing to the overall sector viability and sustainability going forward. 

 

For the effective implementation of the Nigeria DISREP program including the activities listed under the IPF and TA components there is need for open and inclusive engagements/dialogues with stakeholders, Project Affected Persons (PAPs), and other interested parties. Stakeholder engagement is a critical process that identifies the procedures for the proponent to identify, communicate and engage with people affected by its decision and activities, as well as others with an interest in the implementation and outcomes of its decisions and the project. It is an inclusive process that is required throughout the lifecycle of project implementation, commencing as early as possible. Participatory approaches in project planning and implementation enhance project policy, ownership, sustainability and also empowers targeted beneficiaries.

 

This SEP is designed to fulfil the program’s requirements as stated in ESS10 of the ESF. Its goal is to promote and support inclusive and transparent participation of all stakeholders in the design and implementation of the DISREP.  Where properly designed and implemented, stakeholder engagement supports the development of strong, constructive and responsive relationships that are important for successful management of the entire  project’s  Stakeholder engagement is most effective when initiated at an early stage of the project development process and is an integral part of early project decisions and the assessment, management and monitoring of the project’s environmental and social risks and impacts.

 

The Stakeholder Engagement Plan (SEP) describes the methods of engagement with stakeholders throughout the lifecycle of the project. It identifies information and types of interaction to be conducted in each phase of the project, considers and addresses stakeholders’ communication and physical accessibility challenges, and includes any other stakeholder engagement required.

The Stakeholder Engagement will involve the following steps:

  • stakeholder identification and analysis;
  • proper documentation of all stakeholders’ plans on how the engagement with stakeholder will take place;
  • disclosure of information;
  • consultation with stakeholders;
  • addressing and responding to grievances, and
  • reporting to stakeholders.

 

1.2   Purpose of the Project

The Program development objective (PDO) is to improve financial and technical performance of the electricity distribution companies. Consistent with the PSRP, the DISREP seeks to achieve this objective by supporting the distribution sector invest in the infrastructure and operational improvements required to turn-around their technical and financial performance, in line with approved PIPs.

 

The following outcome indicators will be used to measure achievement of the PDO:

  • PDO Indicator 1: Percentage of metered customers’ increases;
  • PDO Indicator 2: Annual electricity billed for increases; number of grids with improved stability, reliability and/or capacity to reduce technical losses
  • PDO Indicator 3: Annual collection of billed electricity increases;
  • PDO Indicator 4: Annual verification of DISCOs compliance with Code of Corporate Governance.

 

1.3   Objectives of the Stakeholders Engagement Plan

The objective of the Stakeholders Engagement Plan is:

  • To develop the procedure for effective stakeholder engagements throughout the Project’s lifecycle;
  • To identify the key stakeholder groups; and
  • To identify resources needed and timeframe to achieve effective participation in each stage of the process and describes the stakeholder engagement process.

 

1.4   Key Results Areas and Disbursement Linked Indicators (DLIs).

 

The DISREP PforR component will provide funds for the early stages of PIP implementation to improve DISCOs technical and financial performance, enabling them to raise the private financing required to fully achieve their PIP targets.  The PforR component of the operation will provide World Bank funds to BPE, as the designated representative of the FGN, in order to on-lend to DISCOs.  DISREP PforR funding will be disbursed following the verified achievement of disbursement-linked indicators (DLIs), which have been developed in partnership with BPE and DISCOs and represent key metrics in the performance turn-around of DISCOs’ operations.

 

Within this framework, the program by design is structured to be flexible, fast disbursing along the following three (3) key result areas:

The proposed Key Results Areas and DLIs for the program are as follows:

Result Area 1. improved DISCO operational performance The DLIs for the program in result area is as follows:

  • DLI#1: Number of distribution transformer-level meters installed by DISCOs
  • DLI#2: Number of new connections by DISCOs
  • DLI#3: Kilometres of distribution lines rehabilitated by DISCOs

 

Result Area 2. Enabling diversification of commercial options for DISCOs to supply their demands. The DLIs for the program in result area is as follows:

  • DLI#4: Increased collection efficiency by DISCOs
  • DLI#5: Meeting the demand supply gap projected in DISCOs PIPs9

 

Result Area 3.  (3) strengthened corporate governance and transparency. The DLIs for the program in result area is as follows:

  • DLI#6: Compliance with NERC Corporate Code of Governance by DISCOs
  • DLI#7: Implementation of Management Information Systems (MIS) by DISCOs

 

In addition to the core PforR instrument above, the proposed DISREP will include two Investment Project Financing (IPF) components (USD 170 million) and two Technical Assistance (TA) components (30 million):  Figure 1 below shows the theory of change (results chain) with the causal link between these DISREP activities, outputs, short-term outcomes, and longer-term outcomes.

(a) IPF Component: NERC Data Aggregation Platform (USD 50 million). To support NERC in addressing problems of inadequate data availability, inconsistent data quality, and irregular reporting of the sector operators, compromising the NERC mandate on performance monitoring and oversight of DISCOs, the IPF1 project will support the scoping and implementation of a comprehensive Data Aggregation Platform (DAP) within NERC.

(b) TA Component 1 (TA1): DISREP Implementation Support (USD 15 million). To support Program implementation, the TA1 would include the establishment of a Project Management Unit (PMU) in BPE (USD 10 million) to assist with the functions of the PforR Implementing Agency. In addition, the TA1 would include capacity building for implementation of measures identified in the Program Action Plan (e.g. strengthening of Safeguards, financial management, procurement capacity).

(c) TA Component 2 (TA2): (USD 15 million).

(i) Pillar I: Capacity Building (USD 12 million). The Pillar I will support capacity building in the MoP as well as DISCOs. This would include development of the policy for the Roadmap on electricity sector market evolution along with sector policies and regulation with the aim of developing a guideline/framework for investment in the distribution. In addition, Pillar I would support DISCOs capacity building and change management programs regarding the application of new business models and commercial operations in DISCO services (e.g. sub-franchising, premium customers, revenue protection schemes, etc.)

(ii) Pillar II: Design of a Consumer Assistance Fund (USD 3 million). Improvements in DISCOs, and overall sector performance, are expected to support NERC efforts to review the power sector tariffs in order to reach a cost-reflective level. Whilst necessary for the stable financial performance of the power sector in the long-term, in the near/medium-term increased tariffs may negatively impact on some of the most vulnerable consumers. In order to limit to the largest extent possible these negative impacts, Pillar II will support the analysis of a Social Safety Net called the “Consumer Assistance Fund”.

 

Figure 1.2:  Theory of Change (Result Chain) And Causal Link of DISREP Activities

 

Full attainment of the project objectives hinges on the following critical assumptions:

  • Full PIP implementation combined with full Multi Year Tarriff Order (MYTO) implementation is sufficient to achieve sector sustainability;
  • Adherence to NERC Code of Corporate Governance is sufficient to ensure good governance by DISCOs.

 

1.5   Stakeholder Engagement to Date and Key Feedback

The ministries and institutions and participating implementing agencies at the federal and state levels were consulted to inform them about the project including the World Bank ESF and general safeguard concerns that need to be mainstreamed into the project. Their support to the project was also solicited along with a discussion on needs and capacities. Subsequently, a virtual stakeholder workshop was held on the 5th of October 2020 taking cognisance of the current COVID 19 pandemic and social distancing restrictions, where stakeholders from the existing implementing agencies in the result areas being the DISCO, NERC, TCN were convened to discuss and make further inputs on the instruments of the project like the Stakeholders Engagement Plan, and the Labour Management Procedures and Environmental.

The inputs received in the course of interaction and completed questionnaire administration were duly incorporated.

Participants in the forum and Respondents are aware of the DISREP project and above Fifty percent admitted that the project will impact them positively. Majority of the DISCO respondents professed to have carried out/ participated in similar stakeholder engagement activities project with the World Bank Team and over fifty percent stated that those projects were successful. 

 

Engagement of Stakeholder has been seen to be an important tool for their project.  About 75% of respondents indicated their most effective means of communication has been through the use of Radio & TV, Newspaper, Slots/programs, official correspondence, reports and use of town crier in the village areas while the preferred and effective method of engagement have been interviews, group discussion and having a meeting.  There was, however, no consensus on a single methodology for every form of stakeholder engagement.

 

Areas of concerns were mainly with respect to managing political influence in a productive manner and weak legal frameworks to support stakeholder engagement. Others include the reporting mechanism in transforming of the existing programs into the new Nigeria DISREP.  Both concerns were addressed as part of the basis for the development of the Stakeholder Engagement Plan.

 

1.6   Principles for effective stakeholder engagement

The program’s Stakeholder Engagement Plan (SEP) shall be informed by a set of principles defining its core values underpinning interactions with identified stakeholders. This principle shall align with the requirements of ESS10 which stipulates that meaningful stakeholder’s engagement should be free of external manipulations, interference, coercion, discrimination and intimidation. Some common principles based on “International Best Practice” include the following:

  • Commitment is demonstrated when the need to understand, engage and identify the community is recognized and acted upon early in the process and continuous throughout the project implementation;
  • Integrity occurs when engagement is conducted in a manner that fosters mutual respect and trust;
  • Respect is created when the rights, cultural beliefs, values and interests of stakeholders and affected communities are recognized;
  • Informed Participation and Responsiveness involves widely publicized information among all stakeholders in appropriate format respecting stakeholders view;
  • Transparency is demonstrated when community concerns are responded to in a timely, open and effective manner;
  • Inclusiveness is achieved when broad participation is encouraged and supported by appropriate participation opportunities;
  • Trust is achieved through open and meaningful dialogue that respects and upholds a community’s beliefs, values and opinions and
  • Measurement which is documenting the engagement process, its output and assessment.

 

The process flow for stakeholder engagement indicated in figure 1.2 is represented as a circle because it is constant, where lessons from past experience will then shape future planning and engagement. The process is not linear; rather it is an iterative process in which an organisation learns and improves its ability to perform meaningful stakeholder engagement while developing relationships of mutual respect, in place of one-off consultations.

1.7   Structure of Stakeholder Engagement Plan

The structure of the stakeholder engagement plan will be as follows;

  • Introduction
  • Stakeholder Engagement Regulatory Context
  • Stakeholder Identification and analysis
  • Stakeholder Engagement Program
  • Resources and responsibilities
  • Grievance Redress Mechanism
  • Monitoring and Reporting

 

 

 

Figure 1.3:  The Process Flow of Stakeholder Engagement

 

 

 

 

 

 

 

 

CHAPTER TWO

2.0   STAKEHOLDER ENGAGEMENT REGULATORY CONTEXT

 

This section presents a brief overview of the national legal provisions that necessitates citizenship engagement, disclosure of public information and adequate response to queries, concerns and grievances raised by the public on key government actions.

2.1   Key National Legal Provisions for Citizen Engagement

2.1.1 The Freedom of Information Act

The purpose of the Act is to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences for disclosing certain kinds of official information without authorization and establish procedures for the achievement of those objectives. This Act applies not only to public institutions but also to private organisations providing public services, performing public functions or utilising public funds. According to the Act,

  • All stakeholders are entitled to access to any records under the control of the government or public institution
  • Any stakeholder denied information can initiate a court proceeding to effect the release of such information
  • All public institutions shall make available any records as requested by the stakeholders within a period of 7 days

 

2.1.2 Constitution of the Federal Republic

Chapter two of the Nigerian constitution takes socioeconomic rights of Nigerians into account.

This chapter includes that no citizen should be denied the right to environment, the right to secure and adequate means of livelihood, right to suitable and adequate shelter, the right to suitable and adequate food etc.  Section 20 of the constitution also takes into account the use of resources and provides that the environment must be protected and natural resource like water, air, and land, forest and wild life be safeguarded for the benefit of all stakeholders.

2.1.3 Nigerian Environmental Assessment Law

This act provides guidelines for activities for which EIA is compulsory (such as mining operations, road development, coastal reclamation involving 50 or more hectares, etc.). It prescribes the procedure for conducting and reporting EIAs and dictates the general principles of an EIA. The EIA act enshrines that consideration must be given to all stakeholders before the commencement of any public or private project by providing for the involvement and input of all stakeholders affected by a proposed project.

2.1.4 Other Legal Provisions on Stakeholder Engagement and Disclosure

The Nigerian Urban and Regional Planning Act, Cap N138, 2004 provides that any land development plan must be disclosed to stakeholders to prove that such projects would not harm the environment or constitute nuisance to the community.

2.2   World Bank Environmental and Social Standard on Stakeholder Engagement

The World Bank’s Environmental and Social Framework (ESF)’s Environmental and Social Standard (ESS) 10, “Stakeholder Engagement and Information Disclosure”, recognizes “the importance of open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice” (World Bank, 2017: 97). Specifically, the requirements set out by ESS10 are the following:

  • “Borrowers will engage with stakeholders throughout the project life cycle, commencing such engagement as early as possible in the project development process and in a timeframe that enables meaningful consultations with stakeholders on project design. The nature, scope and frequency of stakeholder engagement will be proportionate to the nature and scale of the project and its potential risks and impacts;
  • Borrowers will engage in meaningful consultations with all stakeholders. Borrowers will provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation;
  • The process of stakeholder engagement will involve the following, as set out in further detail in this ESS: (i) stakeholder identification and analysis; (ii) planning how the engagement with stakeholders will take place; (iii) disclosure of information; (iv) consultation with stakeholders; (v) addressing and responding to grievances; and (vi) reporting to stakeholders.
  • The Borrower will maintain and disclose as part of the environmental and social assessment, a documented record of stakeholder engagement, including a description of the stakeholders consulted, a summary of the feedback received and a brief explanation of how the feedback was taken into account, or the reasons why it was not.” (World Bank, 2017: 98).

A Stakeholder Engagement Plan proportionate to the nature and scale of the project and its potential risks and impacts needs to be developed by the Borrower. It has to be disclosed as early as possible, and before project appraisal, and the Borrower needs to seek the views of stakeholders on the SEP, including on the identification of stakeholders and the proposals for future engagement. If significant changes are made to the SEP, the Borrower has to disclose the updated SEP (World Bank, 2017: 99). According to ESS10, the Borrower should also propose and implement a grievance mechanism to receive and facilitate the resolution of concerns and grievances of project-affected parties related to the environmental and social performance of the project in a timely manner (World Bank, 2017: 100).

For more details on the WB Environmental and Social Standards, please follow the link below: https://www.worldbank.org/en/projects-operations/environmental-and-social-framework/brief/environmental-and-social-standards

CHAPTER THREE

3.0   STAKEHOLDER IDENTIFICATION AND ANALYSIS

3.1   Program Stakeholder identification and Analysis

Program stakeholders are ‘people who have a role in the Program, could be affected by the Program, or who are interested in the Program’. Project stakeholders can further be categorized as primary and secondary stakeholders. Primary stakeholders are individuals, groups or local communities that may be affected by the Project, positively or negatively, and directly or indirectly especially those who are directly affected, including those who are disadvantaged or vulnerable. Secondary stakeholders are broader stakeholders who may be able to influence the outcome of the Project because of their knowledge about the affected communities or political influence over them.

Thus, the DISREP Program stakeholders as indicated in figure 3.1, are defined as individuals, groups or other entities who:

  • Have a role in the project implementation (also known as ‘implementing agencies’);
  • are impacted or likely to be impacted directly or indirectly, positively or adversely, by the Project (also known as ‘affected parties’); and
  • May have an interest in the Project (‘interested parties’). They include individuals or groups whose interests may be affected by the Project and who have the potential to influence the Project outcomes in any way.

 

3.2   Stakeholder Categorization

For the purposes of effective and tailored engagement, the stakeholders of DISREP can be divided into three core categories:

  1. Implementing Agencies
  2. Affected Parties
  3. Interested Parties

 

3.2.1 Implementing Agencies

This category of stakeholders encompasses the leading agencies responsible for overseeing the successful implementation of the DISREP program. They include the:

  • Office of the Chief of Staff
  • Office of the Vice President
  • Federal Ministry of Finance Budget and National Planning (FMoF);
  • Federal Ministry of Power
  • Bureau of Public Enterprises (BPE)
  • Nigerian Electricity Regulatory Commission (NERC)
  • Eleven Distribution Companies (DISCOs)
  • Transmission Company of Nigeria (TCN).
  • Nigerian Electricity Management Services Agency (NEMSA).
  • The EA Department of the Federal Ministry of Environment;
  • The level of engagement with implementing agency will be contingent upon their respective roles and authorities in the management of environmental and social risks.

Figure 3.1:  DISREP Program Stakeholders

In order to meet best practice approaches, DISREP Program implementing agencies will apply the following principles for stakeholder engagement:

Figure 3.2: DISREP Principles for stakeholder engagement

 

 

3.2.2 Affected Parties

Specifically,

  • The residential, industrial and commercial customers, associations of customers, as classified in annex 2 (The DISREP aims to directly benefit Nigerian power sector customers including residential, commercial and industrial customers and in particular women, with broader spillover benefits to other power sector participants and the broader Nigerian economy and environment)
  • The core investors in DISCOS, shareholders
  • Contractors/ equipment suppliers
  • State Government Ministries, Agencies
  • DISCOs

 

There could also be impacts on indirect workers who will be engaged under the program activities.  A subset of this category are the vulnerable groups. A significant factor in achieving inclusiveness of the engagement process is safeguarding the participation of vulnerable individuals in public consultations and other engagement forums established by the program. Vulnerable Groups are persons who may be disproportionately impacted or further disadvantaged by the project as compared with any other groups due to their vulnerable [1]status, and that may require special engagement efforts to ensure their equal representation in the consultation and participation in the program.

 

The DISREP will contribute to reducing the current reliance on alternative, carbon-intensive energy sources such as diesel/petrol-based generators, kerosene, or firewood, which are expensive and are associated with significant health and environmental impacts including climate impacts. Reliable access to electricity also improves customer productivity and removes a major constraint to economic development. 

 

The provision of reliable electricity access in particular benefits woman and girls, with evidence showing that new energy access and improved energy services can improve development outcomes for women and girls and help bridge the gender gap in many communities, for example, increasing a woman’s likelihood of working outside the home and reducing the amount of time women spend on household chores, including sourcing traditional energy supplies.

 

 

3.2.3 Interested Parties

Interested Parties include stakeholders who may not experience direct impacts from the Project but who consider or perceive their interests as being affected by the project and/or who could influence the project and the process of its implementation in some way. Specifically, this category will include the following individuals and groups:

  • The local population who can benefit indirectly from interventions;
  • Residents and business entities, and individual entrepreneurs in the community area of influence;
  • Professional groups like Manufactures Association of Nigeria-MAN, Nigerian Bar Association (NBA);
  • Local contractors and consultants who can support in the delivery of the Project;
  • Local, regional and national level civil societies and non-governmental organizations (NGOs) with an interest in consumer’s advocacy, Social Protection and livelihood support;
  • Other government ministries and regulatory agencies at regional and national levels including environmental, technical, social development and labour authorities;
  • DISREPs Project employees and contractors;
  • Mass media and associated interest groups, including local, regional and national printed and broadcasting media, digital/web-based entities, and their associations;
  • Local Political groups; and
  • Academia

 

Local NGOs and initiative/advocacy groups, particularly those focusing on consumer’s interest and social development issues, represent the considerable capacity that the project(s) may tap for disseminating information and raising awareness of the planned activities among the potentially affected communities in the project area. NGOs typically have well established interaction with the local communities, are able to propose the most effective and culturally appropriate methods of liaising based on the local customary norms and prevailing means of communication, and possess the facilitation skills that may be utilized as part of the program’s consultations. In addition, NGOs may lend assistance in disseminating information about the proposed program(s) to the local communities, including in the remote areas (e.g., by placing information materials about the program in their offices, distributing the project information lists during events that they are organizing), and provide venues for the engagement activities such as focus-group discussions.

 


CHAPTER FOUR

4.0 STAKEHOLDER ENGAGEMENT PLAN

 

The goal of the project’s Stakeholder Engagement Plan is to promote and provide means for effective, inclusive, accessible and, meaningful engagement with project- affected parties and Implementing Partners throughout the project life -cycle on issues that could potentially affect them during implementation of the various activities listed under the result areas 1, 2, and 3, the IPF and the Technical Assistant component of the program underscoring the DISREP hybrid Operation. 

 

4.1   Engagement Methods and Tools

The program will utilize various methods of engagement through the implementing agencies as part of their continuous interaction with the stakeholders. For the engagement process to be effective and meaningful, a range of techniques need to be applied that are specifically tailored to the identified stakeholder groups. Methods used for consulting with Government officials take the form of formal approaches often different from a format of liaising with local communities (e.g., focus group discussions, displays and visuals with a lesser emphasis on technical aspects).  Table 4.1 provides the consultation methods for various stakeholder groups.

Nonetheless the format of every engagement activity will meet general requirements on accessibility and ensure the participation of vulnerable individuals and women groups in project consultations with tailored techniques as stated in Table 4. 3. Particular attention will be given to the vulnerable groups to ensure that they are not denied program benefits. This will be done by focus group discussions, monitoring participation rates, undertaking beneficiary assessments, using online platforms to allow access to otherwise disadvantaged groups, and ensuring that at least 30% of participant beneficiaries across the result areas are females.

Information that is communicated in advance of public consultations primarily includes an announcement thereof in the public media – local, regional and national, as well as the distribution of invitations and full details of the forthcoming meeting well in advance, including the agenda. It is crucial that this information is widely available, readily accessible, clearly outlined, and reaches all areas and segments of the stakeholders. Furthermore, the messages are targeted according to the stakeholder and issues.

There are three important questions to answer when preparing messages as shown in figure 4.1 and the checklist to follow as shown in figure 4.2.

Figure 4.1:  Important questions for preparing a message

Figure 4.2:  Checklist to guide in developing clear messages

The above parameters can be achieved through the following approaches:

Advance public notification of an upcoming consultation meeting follows the same fundamental principles of communication. That is, it should be made available via publicly accessible locations and channels. The primary means of notification may include mass media and the dissemination of posters/ advertisements in public places. The project keeps proof of the publication (e.g., a copy of the newspaper announcement) for accountability and reporting purposes. Existing notice boards in the implementing agencies and the community-based platforms may be particularly useful for distributing the announcements. When the notifications are placed on public boards in open air, it should be remembered that the posters are exposed to weather, may be removed by by-passers or covered by other advertisements. The project’s staff will therefore maintain regular checks in order to ensure that the notifications provided on the public boards remain in place and legible.

 

Another critical aspect of the meeting preparation process is selecting the methods of communication that reach the potential audience with lower levels of literacy or those who are not well-versed in the technical aspects of the project. Oral communication is an option that enables the information to be readily conveyed to such persons. This includes involving the selected stakeholder representatives and institutional leaders to relay up-to-date information on the project and consultation meetings to the various target audiences. Advertising the project and the associated meetings via radio or television and making direct calls (in case fixed-line or mobile phone communication is available) is another method that allows reaching out to the remote audiences. The announcement of a public meeting or a hearing is made sufficiently in advance, thereby enabling participants to make necessary arrangements, and provides all relevant details, including date, time, location/venue and contact persons.

 

Placement of the project materials in the public domain is also accompanied by making available a register of comments and suggestions that can be used by any member of the affected parties, other stakeholders and general public to provide their written feedback on the contents of the presented materials. As a rule, the register is made available for the entire duration of the requisite disclosure period. Where necessary, a project representative or an appointed consultant should be made available to receive and record any verbal feedback in case some stakeholders experience a difficulty with providing comments in the written form.

 

Drafting an agenda for the consultation meeting is an opportunity to provide a clear and itemized outline of the meeting’s structure, sequence, chairpersons, a range of issues that will be discussed and a format of the discussion (e.g. presentation/ demonstration followed by a Questions & Answers – Q&A session, facilitated work in small groups, feature story and experience sharing, thematic sessions with a free speaking format enabling the mutual exchange of ideas). A clearly defined scope of issues that will be covered at the meeting gives the prospective participants an opportunity to prepare their questions and comments in advance. It is essential to allocate a sufficient amount of time for a concluding Q&A session at the end of any public meeting or a hearing. This allows the audience to convey their comments and suggestions that can subsequently be incorporated into the design of the project. Keeping a record of all public comments received during the consultations meetings enables the project’s responsible staff to initiate necessary actions, thereby enhancing the project’s overall approach taking onto consideration the stakeholders’ priorities. The recorded comments and how they have been addressed by the project becomes an appropriate material for inclusion in the project’s regular reporting to the stakeholders.

 

As a possible option in addition to the Q&A session nearer the close of the public meeting/hearing, evaluation (feedback) forms may be distributed to participants in order to give them an opportunity to express their opinion and suggestions on the project. This is particularly helpful for capturing individual feedback from persons who may have refrained from expressing their views or concerns in public.  Questions provided in the evaluation form may cover the following aspects:

  • Participant’s name and affiliation (these items are not mandatory if the participant prefers to keep the form confidential)
  • How did they learn about the Program and the consultation meeting?
  • Are they generally in favour of the Program?
  • What are their main concerns or expectations associated with the Program or the particular activity discussed at the meeting?
  • Do they think the Program is of benefit to them and the stakeholder group they represent?
  • Is there anything in the Program design and implementation that they would like to change or improve?
  • Do they think that the consultation meeting has been useful in understanding the specific activities of the Program, as well as associated benefits and outcomes? What aspects of the meeting do they particularly appreciated or would recommend for improvement?

 

Bearing in mind that some of the participants might find completion of the evaluation form challenging due to the literacy constraints or concerns about their confidentiality, the distribution of the feedback forms should always be explained that completing the form is optional. Program beneficiaries should also be assured that completion of the evaluation form is entirely voluntary and does not affect their status as beneficiaries. Some persons may be willing to express their feedback verbally and in this case a member of Project staff will be allocated to take notes.

 

Distribution of targeted invitations to the consultation meeting or a hearing is an important element of the preparation process and is based on the list of participants that is compiled and agreed in advance of the consultation. Invitations may be sent both to certain individuals that have been specifically identified as relevant stakeholders (e.g. representatives of government ministries and agencies) and as public invitees (e.g. addressed to initiative and professional bodies, local organizations, and other public entities). Means of distributing the invitations should be appropriate to the customary methods of communication that prevail for the stakeholder. The various means of distribution that can be used includes direct mail (post); other existing public mailings, utility bills, or circulars from a local authority. All invitations that are sent can be tracked in order to determine and manage the response rate. If no response has been received, the invitation can be followed up by a telephone call or e-mail where possible.

 

Table 4.1:  Stakeholder group consultation methods 

STAKEHOLDER GROUP

CONSULTATION METHODS

Government officials

•   Phone / email / text messaging

•   One-on-one interviews 

•   Formal meetings 

Local communities

•   Print media, text messaging and radio announcements  

•   Public meetings

•   Focus group meetings 

•   Surveys 

•   Information Centre

Vulnerable Groups

•   Print media, text messaging and radio announcements  

•   Public meetings

•   Focus group meetings 

•   Surveys 

•   Information Centre

Employees and managers 

•   Phone / email / text messaging

•   Print media and radio announcements  

•   Workshops 

•   Focus group meetings

•   Surveys  

NGOs, CSOs Political Groups, Academia, Partnering organizations and other interest groups

•   Phone / fax / email / text messaging

•   One-on-one interviews 

•   Focus group meetings

•   Information Centre

•   Press Statement

NB: All consultation must take into consideration the Nigeria Center for Disease Control and World Bank COVID 19 guidelines for public meeting and consultation.

4.2   Identifying Themes to Discuss with Stakeholders

An important part of the Stakeholder Engagement process is to identify themes to discuss with Stakeholders and to ensure that these themes include issues that are important to customers.

Stakeholders should also be given the opportunity to highlight any other issues of importance which have not been identified by DISCO.

The following list shows the themes identified to discuss with Stakeholders.

  1. Keeping the lights on, Smart networks, Security of Supply
  2. Network reliability / Security of Supply
  • Frequency of power outages
  • Duration of power outages
  • Flexible Connections

 

  1. Willingness to pay – test what customers most value
  2. The level of reliability customers expects
  • Customers to identify specifically which, if any, initiatives or service improvements are valued sufficiently that they would be prepared to fund them
  1. Customers to identify where a reduction in service could be tolerated in exchange for a lower cost to them

 

  1. Flexibility of Supply
  2. Demand
  • Access, e.g., timed or variable access connections
  • Demand response provision
  • Generation
  • Access, e.g., timed or variable access connections, Active Network Management Systems
  • Curtailment – how could it work?
  • Data required to assess project viability

 

  1. Workforce renewal, skills & training.
  2. Government legislation & Policy.
  3. Vulnerability & affordability
  4. Customer information & data
  5. Customer awareness
  6. Environment & sustainability
  7. Other projects or trials that Stakeholders are aware of or any successful trials that have been transferred into ‘Business-As-Usual’ in the industry
  8. Any other issues with existing DISCO Planning Standards that Stakeholders wish to highlight particularly with respect to the PIP.
  9. Compliance issues on environment, health, safety, labour and targets

 

4.3   Description of Engagement Methods

International standards increasingly emphasize the importance of a consultation being ‘free, prior and informed’, which implies an accessible and unconstrained process that is accompanied by the timely provision of relevant and understandable information. In order to fulfil this requirement, a range of consultation methods are applied.  Table 4.2 describes the appropriateness of each engagement technique.

A summary description of the engagement methods and techniques that will be applied by the Nigeria DISREP Program is provided in table 4.3 below.  The summary presents a variety of approaches to facilitate the processes of information provision, information feedback as well as participation and consultation.

An attendance list should be made available at the commencement of all engagement activities in order to record all participants who are present at the meeting. Wherever possible, attendees’ signatures should be obtained as a proof of their participation. Details of the attendees who were not initially on the list (e.g. those participating in place of somebody else, or general public) should be included in addition to those who have registered for the meeting in advance.

In most cases and as a general practice, the introductory initial part of the meeting should be delivered in a format that is readily understandable to the audience of laypersons and should be free of excessive technical jargon. If necessary, preference should be given, whenever possible, to the oral and visual methods of communication (including presentations, pictorials, illustrations, graphics and animation) accompanied by hand-out materials imparting the relevant information in understandable terms rather than as text laden with technical intricacies.

If a large audience is expected to attend a public meeting or a hearing, necessary arrangements will be made to ensure audibility and visibility of the presentations. This includes provision of a microphone, proper illumination, projector, places allocated for the wheelchair users, etc. The specific considerations for vulnerable persons are summarised in table 4.4.

Taking records of the meeting is essential both for the purposes of transparency and the accuracy of capturing public comments. At least three ways of recording may be used, including:

  • Taking written minutes of the meeting by a specially assigned person or a secretary;
  • audio recording (e.g. by means of voice recorders); and
  • Photographing.

 

The latter should be implemented with a reasonable frequency throughout the meeting, allowing notable scenes to be captured but at the same time not distracting or disturbing the audience excessively. Where feasible, a video recording may also be undertaken. Combination of these methods ensures that the course of the meeting is fully documented and that there are no significant gaps in the records which may result in some of the important comments received from the stakeholder audience being overlooked.

Table 4.2:  Engagement Techniques

TECHNIQUE 

MOST APPROPRIATE APPLICATION OF TECHNIQUE

Information Centre and Information Boards

· Establish Information Boards in each Project area community.

Correspondence by phone/email/ Text/Instant messaging

· Distribute project information to government officials, organisations, agencies and companies 

· Invite stakeholders to meetings  

Print media and radio announcements 

· Disseminate project information to large audiences, and illiterate stakeholders

· Inform stakeholders about consultation meetings   

One-on-one interviews 

· Solicit views and opinions 

· Enable stakeholders to speak freely and confidentially about controversial and sensitive issues 

· Build personal relations with stakeholders 

· Recording of interviews

Formal meetings 

· Present project information to a group of stakeholders 

· Allow the group of stakeholders to provide their views and opinions 

· Build impersonal relations with high level stakeholders   

· Distribute technical documents 

· Facilitate meetings using PowerPoint presentations

· Record discussions, comments/questions raised and responses 

Public meetings 

· Present project information to a large audience of stakeholders, and in particular communities

· Allow the group of stakeholders to provide their views and opinions

· Build relationships with local communities 

· Distribute non-technical project information

· Facilitate meetings using PowerPoint presentations, posters, models, videos and pamphlets or project information documents   

· Record discussions, comments/questions raised and responses 

Workshops 

· Present project information to a group of stakeholders 

· Allow the group of stakeholders to provide their views and opinions

· Use participatory exercises to facilitate group discussions, brainstorm issues, analyse information, and develop recommendations and strategies 

· Recording of responses 

Focus group meetings 

· Allow a smaller group of between 8 and 15 people to provide their views and opinions of targeted baseline information

· Build relationships with local communities  

· Use a focus group interview guideline to facilitate discussions

·  Record responses 

Surveys 

· Gather opinions and views from individual stakeholders 

· Gather baseline data 

· Record data 

· Develop a baseline database for monitoring impacts  


Table 4.3:  Methods/Tools for Information Provision, Feedback, Consultation and Participation

Method / Tool

Description and Use

Contents

Dissemination Method

Target Groups

Frequency

Information Provision

 

Distribution of printed public materials: leaflets, brochures, fact sheets

Used to convey information on the Program and regular updates on its progress to local, regional and national stakeholders.

 

Printed materials present illustrative and written information on the DISREP program including the PIP among others.

Presented contents are concise, clear and easy to understand by a layperson reader. Graphics and pictorials are widely used to describe technical aspects and aid understanding.

 

Distribution as part of consultation meetings, awareness campaigns, discussions and meetings with stakeholders.

Conduct a workshop to develop standard messages for campaigns and interventions to be used for priority target audiences

Conduct mass media campaigns both at national media and local stations

Conduct social media campaign on (Facebook, Twitter, YouTube, WhatsApp, etc).

Preparing briefs for policymakers, web pages for the general public, guides for technical staff, reports or videos to local stakeholders (e.g. village committees) and project participants.

Government Ministries, Departments and Agencies at state and Federal levels

All project affected parties

Project interested parties

Other potential stakeholders

At regular intervals during Project preparation, Implementation and closure

Distribution of printed public materials: newsletters/ updates

A newsletter or an update circular sent out to Project stakeholders on a regular basis to maintain awareness of the Project development.

 

Important highlights of Program achievements, announcements of planned activities, changes, and overall progress.

 

Circulation of the newsletter or update sheet with a specified frequency in the Project Area of Influence, as well as to any other stakeholders that expressed their interest in receiving these periodicals.

Means of distribution – post, emailing, electronic subscription, delivery in person.

The mailed material can be accompanied by an enclosed postage-paid comment/feedback form that a reader can fill in a return to the Project’s specified address.

All projected affected parties

All project interested parties

Implementing Agencies and Partners

Government Ministries, Departments and Agencies

 

Quarterly through the life cycle of the program

Printed advertisements in the media

Inserts, announcements, press releases, short articles or feature stories in the printed media – newspapers and magazines

Notification of forthcoming public events or commencement of specific Project activities.

General description of the Program and its benefits to the stakeholders.

Placement of paid information in local, regional and national printed media, including those intended for general reader and specialised audience

Arrange for outdoor advertising

 

All projected affected parties

All project interested parties

Other potential stakeholders

On commencement of specific activities

Radio or television entries

Short radio programmes, video materials or documentary broadcast on TV.

Presentations at village level

 

Description of the Program, Program development update and processes.

Advance announcement of the forthcoming public events or commencement of specific Program activities.

Collaboration with media producers that operate in the region and can reach local audiences.

Documentary campaign at national and state stations on impact and success story in local communities

Production of musical sting for to be used in  sponsored radio programmes

Government Ministries, Departments and Agencies

Implementing agencies and partners

All projected affected parties

All project interested parties

Other potential stakeholders

10 minutes weekly updates

Visual presentations

Visually convey Project information to affected communities and other interested audiences.

 

Description of the Project activities, processes and timeline.

Updates on Project development.

 

Presentations are widely used as part of the public hearings and other consultation events with various stakeholders.

Video simulation

animations

 

Participants of the public hearings, consultations, rounds tables, focus group discussions and other forums attended by Project stakeholders.

Government Ministries, Departments and Agencies

On a need basis

Notice/disclosure boards

Displays of printed information on notice boards in public places.

Advance announcements of the forthcoming public events, commencement of specific Project activities, or changes to the scheduled process.

Printed announcements and notifications are placed in visible and easily accessible places frequented by the local public, including libraries, village cultural centres, post offices, shop, local administrations.

All projected affected parties

All project interested parties

Other potential stakeholders

Regularly

Information Feedback

 

Information repositories accompanied by a feedback mechanism

Placement of Project-related information and printed materials in dedicated/designated locations that also provide visitors and readers with an opportunity to leave their comments in a feedback register.

Various Project-related materials and documentations.

Deposition of materials in publicly available places (offices of local NGOs, local administrations, libraries) for the duration of a disclosure period or permanently. Audience are also given free access to a register of comments and suggestions.

All projected affected parties

 

Weekly update

Dedicated telephone line (hotline)(toll free)

Setting up a designated and manned telephone line that can be used by the public to obtain information, make enquiries, or provide feedback on the Project.

Initially, telephone numbers of Project’s specialised staff can be shared with the public, particularly staff involved in stakeholder engagement, public relations, social and environmental protection.

Any issues that are of interest or concern to the direct project beneficiaries and other stakeholders.

Telephone numbers are specified on the printed materials distributed to Project stakeholders and are mentioned during public meetings.

Project’s designated staff should be assigned to answer and respond to the calls, and to direct callers to specialist experts or to offer a call-back if a question requires detailed consideration.

Any project stakeholder and interested parties.

Available all through the project cycle

Internet/Digital Media

Launch of Project website to promote various information and updates on the overall Project, impact assessment and impact management process, procurement, employment opportunities, as well as on Project’s engagement activities with the public.

Web-site should have a built-in feature that allows viewers to leave comments or ask questions about the Project.

Website should be available in English

Information about Project operator and shareholders, Project development updates, employment and procurement, environmental and social aspects.

A link to the Project web-site should be specified on the printed materials distributed to stakeholders.

Other on-line based platforms can also be used, such as web-conferencing, webinar presentations, web-based meetings, Internet surveys/polls etc.

Limitation: Not all parties/stakeholders have access to the internet, especially in the remote areas and in communities.

 

 

Project stakeholders and other interested parties that have access to the internet resources.

Available all through the project cycle

Surveys, Interviews and Questionnaires

The use of public opinion surveys, interviews and questionnaires to obtain stakeholder views and to complement the statutory process of public hearings.

Description of the proposed Project and related processes.

Questions targeting stakeholder perception of the Project, associated impacts and benefits, concerns and suggestions.

Soliciting participation in surveys/interviews with specific stakeholder groups.

Administering questionnaires as part of the household visits.

All project affected parties.

 

 

Feedback & Suggestion Box

A suggestion box can be used to encourage residents in the affected communities to leave written feedback and comments about the Project.

Contents of the suggestion box should be checked by designated Project staff on a regular basis to ensure timely collection of input and response/action, as necessary.

Any questions, queries or concerns, especially for stakeholders that may have a difficulty expressing their views and issues during public meetings.

 

Appropriate location for a suggestion box should be selected in a safe public place to make it readily accessible for the stakeholders.

Information about the availability of the suggestion box should be communicated as part of Project’s regular interaction with local stakeholders.

 

Project affected parties, especially vulnerable groups.

 

 

Consultation & Participation

 

Public hearings

State and National Assembly

Project representatives, the affected public, authorities, regulatory bodies and other stakeholders for detailed discussion on a specific activity or facility that is planned by the Project and which is subject to the statutory expert review.

Detailed information on the activity and/or facility in question, including a presentation and an interactive Questions & Answers session with the audience.

Wide and prior announcement of the public hearing and the relevant details, including notifications in local, regional and national mass media.

Targeted invitations are sent out to stakeholders.

Public disclosure of Project materials and associated impact assessment documentation in advance of the hearing.

Viewers/readers of the materials are also given free access to a register of comments and suggestions that is made available during the disclosure period.

Project affected parities

Relevant government Ministries Departments and Agencies.

NGOs and civil societies

Other interested parties

On a need basis

Focus Group Discussions and Round Table Workshops

 

Used to facilitate discussion on Project’s specific issues that merit collective examination with various groups of stakeholders.

 

Project’s specific activities and plans, processes that require detailed discussion with affected stakeholders.

 

Announcements of the Forthcoming meetings are widely circulated to participants in advance (at least two weeks).

Targeted invitations are sent out to stakeholders.

All project affected parties especially vulnerable groups;

Project delivery agencies

DISREP employees and contractors

NGOs and civil societies

Implementing Agencies and Partners

Relevant Government Ministries and Agencies

On a need basis

Household visits

Household-level visits can be conducted to supplement the statutory process of public hearings, particularly to solicit feedback from affected people and vulnerable persons who may be unable to attend the formal hearings

– Description of the Project and related solutions/impact management measures

– Any questions, queries or concerns, especially for stakeholders that may have a difficulty expressing their views and issues during formal community-wide meetings.

– Visits should be conducted by designated staff with specified periodicity

Directly affected people

On a need basis

Information centers and field offices

Project’s designated venue for depositing Project related information that also offers open hours to the community and other members of the public, with Project staff available to respond to queries or provide clarifications.

-Project-related materials, including updates of project status – Any issues that are of interest or concern to the local communities and other stakeholders.

Information about the information center/field office with open hours for the public, together with contact details, is provided on the Project’s printed materials distributed to stakeholders, as well as during public meetings and household visits

Directly affected communities and any other stakeholders and interested parties

 

Site Tours

Visits to project sites and facilities organized for local communities, authorities, and the media to demonstrate Project solutions.

– Visitors are accompanied by the Project’s staff and specialists to cover various aspects and to address questions arising from the public during the tour – Could be in conjunction with meeting

Demonstration of specific examples of Project’s design solutions and approaches to managing impacts.

Targeted invitations distributed to selected audience offering an opportunity to participate in a visit to the Project Site.

Limitation: possible safety restrictions on the site access during active construction works

 

Local communities – Elected officials – Media groups – NGOs and other initiative groups

 


Table 4.4:  Consultation methods for vulnerable groups

Category

Method of consultation

Elderly

Recognize their organization and leadership, focus group meetings, assisted transport to meetings

Women

Additional separate focus group meetings, recognize cultural norms

Youth

Additional focus group meetings

Minority groups

Focus group meetings in a language of their understanding

People with Disabilities

Recognize their organization and leadership, focus group meetings, Assisted transport to meetings

 

4.4   Institutional Stakeholders Engagement

Policy coordination at the national level is the highest level of engagement. This level comprises not only the Office of the Vice Presidential and line ministries responsible for the power sector efficiency, but it also includes donors, CSOs, and development partners. 

 

Coordination is broken down into two elements: setting up agreements on the shared goals that are to be achieved, and increasing the integration of activities of different programmes to achieve those common goals. These different aspects of coordination take place at different levels of governance: whilst goal coordination will occur at the national level by greater coherence between policies and programme design, coordination of means and activities will take place at the institutional levels through greater integration of operational/administrative activities. Finally, coordination will be required within each level of governance (horizontal coordination), as well as between the levels (vertical coordination).

 

The framework for stakeholder engagement of the implementing agencies under the technical component is indicative in figure 4.4. below.  Table 4.5 presents a variety of approaches to facilitate the processes of information provision, information feedback as well as participation and consultation within the implementing institutions and partners.

Figure 4.3:  Configured Coordination structures in line with the Nigeria DISREP


Table 4.5: Stakeholder Engagement Among the Implementing Agencies, Partners and DISREP Coordinating Agency under the IPF AND TA components

Actors

Description and Use

Contents

Dissemination Method

Target Groups

Frequency

Project Implementation Units (PIUs),

Technical Committee and Oversight Committees (see frame work under figure 4.3

 

Independent Verification Agency (IVA)

·   setting up agreements on the shared goals that are to be achieved, and increasing the integration of activities to deliver the shared goals.

·   Have set objectives, milestones or reporting mechanisms directly related to coherence and integration objectives of the DISREP vision and in particular the PIP.

·   Facilitates data reporting on DLIs

·   Vertical coordination relying on both top-down mechanisms (in terms of delegating responsibilities, allocating budgets, monitoring) and bottom-up mechanisms (on feedback and reporting, as well as the communication of information collected at the district/sub-district level)

·   Coordination efforts of implementation activities (including the management of information, or delivery of benefits) can be integrated between programmes.

·Project-related materials.

·Any issues that are of interest or concern to the local communities and other stakeholders.

·Good programme-level information

·The information collected at the local level (about the

·Number of beneficiaries or implementation effectiveness for instance) that needs to feed into policy and planning at the other levels.

·   Information about the info centre or a field office with open hours for the public, together with contact details, is provided on the Project’s printed materials distributed to stakeholders, as well as during public meetings and household visits.

·   Information sharing and reporting across the DISREP is promoted through the committee meetings, and through the M&E database

·   The use of administrative tools which can be shared between programmes

·   All project affected parties

·   Project interests’ parties

·   potential stakeholders

 

 

 

 

 

 

Through the entire program cycle

Non state actors,

Traditional /

Community

Leaders

·   Develop and secure clearance processes for timely dissemination of program messages and materials in local languages and in English, where relevant, for timely dissemination of messages and materials and adopt relevant communication channels

·   Project related information, SEA/SH, Nondiscriminatory prohibition messages program impact, benefits and available feedback channels

·   Community outreach / town criers, dedicated Toll free telephone lines, fliers and town hall meeting adhering to NCDC and state applicable Covid 19 protocol.

·   All project affected parties

·   Project interests’ parties

·   Other potential stakeholders

Defined regular times to coincide with local customs.

National / State Legislators / Cabinet Committees

·   getting issues on to the policy agenda, Public opinion, generating endorsement and awareness of programmes

·   Change (or no change) in policy content

 

· Preparing briefs for policymakers, on updates and performance scorecard

·   Face to face meetings

·   Meetings with elected officials in communities surrounding programme.

·   Meetings with officials

·   Press conferences

·   Interviews (media traditional and digital)

·   Social Media Strategy

·   Digital PR

 

·   Project interests’ parties

·   Other potential stakeholders

On a need basis


4.5   Consultation with Stakeholders

When consultation actually takes place, it should be after an extensive period of preparation, as outlined in the previous stages, and should exhibit the following characteristics. Any consultation should be:

 

Representative: it is important that those involved in the consultation process are as representative as practicable of the full range of stakeholders affected by the DISREP Program actions, to ensure that the Program can build as meaningful relations as possible (see Section 4.5). While it may be easier to engage with the most sympathetic, organised, vocal or powerful stakeholders, consulting with minority organisations or those who are less vocal or powerful, can help to produce more representative, accurate and appropriate conclusions regarding stakeholders’ issues and mechanisms to address those issues, thus allowing the Program to more effectively and successfully respond to stakeholders.

Winning the support of one or two ‘big’ stakeholders does not necessarily indicate that meaningful engagement has been achieved; not all community or environmental groups (for example) have the same view of or priority for an issue.

 

Responsive: by providing information, analysis and proposals that respond directly to stakeholder expectations and interests already identified through the preparation phases – i.e. be stakeholder driven and focused, rather than responding to internal objectives and activities of the business, or being shaped by your organisation’s organisational behaviour

 

Context focused: by making available information and analysis that is contextualised so that stakeholders are able to gain a detailed, holistic and complete picture of the DISREP Program and organisational motivations, culture and behaviour, and assess the relevance of each of these to the ultimately observed organisation’s action with respect to the DISREP Program.

 

Complete: by providing appropriate background information together with the historical or analytical basis to certain decisions, thus allowing stakeholders to draw a ‘fair and reasonable’ conclusion as to why the organisation responded in a particular way to an issue. An efficient internal knowledge management system will help collate and provide this information.

 

Realistic: in the ‘negotiation’ process with stakeholders there may be an inevitable trade off of expectations, needs and objectives, where both parties recognise that they may not ultimately achieve everything they had originally set out to accomplish. Nevertheless, this trade off in itself can be extremely positive to the overall engagement process, allowing trust to be strengthened as each side demonstrates that they can be moderate and realistic, ahead of a significant commitment in time and resources being made. As part of this process, ensure there is accurate representation of the intentions of the DISREP Program and implementing organisation, providing clarity on expectations of the ‘negotiation’ i.e. what is on the table for discussion and what is not.

 

4.6   Disclosure and Participation Plan

Information disclosure is an important activity not just as a form of engagement but for also enabling the other engagement activities to be undertaken in an informed and participatory manner. This section outlines the process to be followed for the disclosure and participation as part of the DISREP Project implementation.

 

It is required under ESS 10 that the Proponent will maintain and disclose as part of the environmental and social assessment, a documented record of stakeholder engagement, including a description of the stakeholders consulted, a summary of the feedback received and a brief explanation of how the feedback was taken into account, or the reasons why it was not.

 

4.6.1 Disclosure Mechanism

The process of information disclosure can be undertaken in two ways: either voluntary disclosure or disclosure as part of the regulatory requirements (EIA requirements, public hearing). While regulatory disclosure involves the provisioning of information as required by the authorities and agencies involved in the project, voluntary disclosure refers to the process of disclosing information to the various stakeholders in a voluntary manner.

 

This disclosure not only allows for trust to be built amongst the stakeholders through the sharing of information, but it also allows for more constructive participation in the other processes of consultation and resolution of grievances due to availability of accurate and timely information.

 

4.6.2 Process for Disclosure of Information

As a standard practice, this SEP in English will be released for public review for the period of 21 days in accordance with Nigerian Regulatory Frameworks. Distribution of the disclosure materials will be done by making them available at venues and locations convenient for the stakeholders and places to which the public have unhindered access. Free printed copies of the SEP in English will be made accessible for the general public at the following locations:

  • Office of the Chief of Staff
  • Office of the Vice President
  • Federal Ministry of Finance Budget and National Planning (FMoF);
  • Federal Ministry of Power (MOP)
  • Bureau of Public Enterprises (BPE)
  • Nigerian Electricity Regulatory Commission (NERC)
  • Eleven Distribution Companies (DISCOs)
  • Transmission Company of Nigeria (TCN).
  • Nigerian Electricity Management Services Agency (NEMSA).
  • The EA Department of the Federal Ministry of Environment; and
  • Other designated public locations to ensure wide dissemination of the materials.

 

Electronic copies of the SEP will be placed on the website of the Bank and each implementing agencies. This will allow stakeholders with access to Internet to view information about the planned development and to initiate their involvement in the public consultation process. The website will be equipped with an online feedback feature that will enable readers to leave their comments in relation to the disclosed materials.

 

The mechanisms which will be used for facilitating input from stakeholders will include press releases and announcements in the media, notifications of the aforementioned disclosed materials to local, regional and national NGOs, relevant professional bodies as well as other interested parties.  Translation of the executive summaries in relevant local language and its posting in the designated community centres.

 

4.7   Timetable for Disclosure

The disclosure process associated with the release of project E&S appraisal documentation, as well as the accompanying SEP will be implemented within the following timeframe:

  • Placement of the SEP in public domain – Dates to be confirmed by DISREP Implementing Agencies
  • 21-day disclosure period – Dates to be confirmed by DISREP Implementing Agencies
  • Public consultation meetings with project stakeholders to discuss feedbacks and perceptions about the program – Dates to be confirmed by DISREP Implementing Agencies
  • Addressing stakeholder feedback received on the entire disclosure package – Dates to be confirmed by DISREP Implementing Agencies.

 

The SEP will remain in the public domain for the entire period of project development and will be updated on a regular basis as the project progresses through its various phases, in order to ensure timely identification of any new stakeholders and interested parties and their involvement in the process of collaboration with the project. The methods of engagement will also be revised periodically to maintain their effectiveness and relevance to the project’s evolving environment.

The outline presented in the table below summarizes the main stakeholders of the project, types of information to be shared with stakeholder groups, as well as specific means of communication and methods of notification. Table 4.6 below provides a description of stakeholder engagement and disclosure methods recommended to be implemented during stakeholder engagement process.

Table 4.6:  Stakeholder Engagement and Disclosure Methods

Stakeholder Group

Project Information Shared

Means of communication/ disclosure

·   Project Affected Parties

·   Stakeholder Engagement Plan;

·   Public Grievance Procedure;

·   Regular updates on Project development.

·   Public/Disclosure notices at Community level.

·   Electronic publications and press releases on the Project web-site.

·   Dissemination of hard copies at designated public locations.

·   Press releases in the local media.

·   Consultation meetings.

·   Information leaflets and brochures.

·   Separate focus group meetings with vulnerable groups, as appropriate.

·   Non-governmental Organizations

·   Stakeholder Engagement Plan;

·   Public Grievance Procedure;

·   Regular updates on Project development.

 

·   Public notices.

·   Electronic publications and press releases on the project web-site.

·   Dissemination of hard copies at designated public locations.

·   Press releases in the local media.

·   Consultation meetings.

·   Information leaflets and brochures.

· Ministries, Departments and Agencies

·   Stakeholder Engagement Plan;

·   PIP update

·   Regular updates on Project development;

·   Additional types of Project’s information if required for the purposes of regulation and permitting.

·   Dissemination of hard copies of the ESSA package, and SEP at municipal administrations.

·   Project status reports.

·   Meetings and round tables.

· Implementing Agencies

·   Stakeholder Engagement Plan;

·   PIP updates

·   Regular updates on Project development;

·   Additional types of Project’s information if required for the purposes of implementation and timeline.

·   Public Notices

·   Consultation Meetings

·   Information leaflets and brochures.

 

· Related businesses and enterprises

·   Stakeholder Engagement Plan;

·   Public Grievance Procedure;

·   Updates on Project development and tender/procurement announcements.

 

·   Electronic publications and press releases on the Project web-site.

·   Information leaflets and brochures.

·   Procurement notifications.

 

· Project Employees

·   Employee Grievance Procedure;

·   Updates on Project development.

 

·   Staff handbook.

·   Email updates covering the Project staff and personnel.

·   Regular meetings with the staff.

·   Posts on information boards in the offices and on site.

·   Reports, leaflets.

 

 

 

 

 

 

 

 

 

 

 

CHAPTER FIVE

5.0   RESOURCES AND RESPONSIBILITIES

5.1   Introduction

In this sub-section the proposed organizational structure and management functions for the stakeholder engagement function at DISREP are described. The management, coordination and implementation of the SEP and its integral tasks will be the responsibility of dedicated team members within participating PMU domiciled in BPE and local sub-contractors.

 

The roles and responsibilities of the organizations are presented below in table 5.1. The Project Implementation Unit (PMU) will be responsible for the preparation and physical implementation of the DISREP Programme.

 

Table 5.1:  Organizational Roles and Responsibilities

Role

Responsibility / Accountability

National Program Coordinator at the PMU and dedicated team comprising of:

Research and Development, Project Manager, Procurement Officer, Transmission and Substations Engineer, Social Development Officer and an Environmental Officer

•   Formalise and fulfil roles and responsibilities for the effective functioning of coordination at all levels and establishing institutional partnerships for coordination:

•   Ensure proper implementation and follow up of the SEP.

•   Development of an implementation plan across the DISREP, with explicit objectives, activities and monitor able deliverables that can guide the work of both technical and oversight committees

•   Provide capacity development for effective coordination:

•   Allocation of funding towards committee meetings at all levels

•   Ensure that contractor’s and DISREP employees are informed and trained on the SEP.

•   Ensure the DISREP environmental and Occupational Health and Safety Specialist and a Social Specialist team reports on time and with the expected and agreed points.

•   Provide resources to ensure that interests of stakeholders are represented and taken into consideration during implementation of Programmes.

National Program Coordinator & Procurement specialist.

 

Social Specialist

•   Ensure that employees and subcontractors have in their contracts a stakeholder engagement/community relations management clause and they are aware and trained on the SEP.

•   Coordinate required SEP support and trainings for staff in coordination with environmental and Occupational Health and Safety Specialist and a Social Specialist team and Human Resources Manager.

·  Environmental and Occupational Health and Safety Specialist,

·  Social Specialist Team

Social Development Specialist:

As the primary interface between the Project and stakeholders, including the local community, the Social Specialist will:

•    Develop, implement and monitor all stakeholder engagement strategies/plans for the Project;

•    Interact with related and complementary support activities that require ad hoc or intensive stakeholder engagement

•   Proactively identify stakeholders, project risks and opportunities and inform the PM / senior management to ensure that the necessary planning can be done to either mitigate risk or exploit opportunities

•   Lead the SEP from the sponsor perspective and coordinate the results and actions to be taken with the H&S and Environmental Manager and later with the DISREP Team

•   Review the SEP viability with the H&S and Environmental Specialist

•   Manage the grievance mechanism;

•   Lead day-to-day implementation of the SEP and Community Grievance Mechanism, including proactively maintaining regular contact with affected communities through regular community visits to monitor opinions and provide updates on Project activities, and ensuring communication with vulnerable groups.

•   Produce stakeholder engagement monitoring reports and submit to National Programme Coordinator.

•   Supervise/monitor and coordinate activities to ensure that staff and all sub-contractors comply with the SEP.

•   Manage the day-to-day working, utilisation, implementation of SEP by all parties engaged on the Program.

Environmental Occupational Health and Safety Specialist:

•   Review the SEP ensuring compliance in terms of environmental, H&S requirements and provide feedback to Social specialist.

subcontracted employees

•   Comply with requirements stated under this document – Non-compliance will be treated as a disciplinary matter.

•   Provide assistance if needed to ensure compliance with this plan.

•   Perform assigned tasks towards meeting SEP objectives.

•   Communicate concerns, questions or views to their supervisor or the compliance or implementation of the SEP.

•   Provide data related to SEP performance/monitoring as required.

The DISREP Ombudsman

The ombudsman shall be responsible for resolving all grievances escalated to it. The ombudsman shall meet quarterly to review the grievance registers maintained by each implementing agency and use the same to update the grievance dashboard which shall be the compendium of all grievances raised across implementing agencies.

 

In order to advance the DISREP Program coordinate overall procurement, perform audits, provide financial report, conduct stakeholders engagement, project disclosure and outreach and ensure availability of resources, the PIU will work collaboratively with some of the Federal and State Ministry of Finance Budget and National Planning (FMOF) and Ministry of Power (MOP) -Implementing departments and stakeholders such as (i) Purchasing, (ii) Finance, (iii) Customer Services, (iv) Technical Services Department, (v) Tender Committee, (vi) and Public Affairs Department on a needed basis.

 

 

5.1.1 External Resources

In case the internal capacity resources at the project appear to be insufficient, the project will also consider engaging a reputed third party in the form of the organization familiar with the region and are acceptable to the community. The NGO would then not only serve as a link between the DISREP project and the community but as a third party in the implementation of the SEP and GRM.

 

5.1.2 Training

The project will, from time to time assess the adequacy and capacity of the PIU team members in terms of their understanding of the SEP and GRM put in place for the project and the principles governing the same. Provisions for refresher trainings will be put in place.

All parties involved on the SEP will attend a workshop that will orient everyone about the Project and appraise all individuals of responsibilities and reporting structures.

 

5.1.3 Financial Resources

The project will ensure that the budget formulated for the purpose of the stakeholder engagement process and grievance redress is sufficient to meet the expenses of the same. In case of grievances requiring monetary compensation, the amount for the same will be provided through the dedicated escrow account set up for the project.

 

5.1.4 Budget

The Project Implementation Unit has an adequate standing budget allocated towards the Stakeholder Engagement Program. This is a budget that, as at when necessary, will be supplemented and/or increased by other budgets related to the activities required for the SEP. Once the project has been finalised, a detailed budget for the implementation of this SEP will be provided and this will be included in the updated SEP. Annex 1 has a proposed budget line for SEP for participating entities.

CHAPTER SIX

6.0   GRIEVANCE MANAGEMENT

In compliance with applicable local and national laws and the World Bank’s ESS10, a project-specific mechanism is being set up to handle complaints and issues. This process would be specially designed to collect, collate, review and redress stakeholders’ concerns, complaints and grievances. This process will be carried out using dedicated communication materials (specifically, a GRM brochure or pamphlet) which will be developed to help stakeholders become familiar with the grievance redress channels and procedures as indicated in figure 6.1.

This procedure is considered an important pillar of the stakeholder engagement process since it creates opportunities for DISCO, other stakeholders and communities to identify problems and discover solutions together (IFC, 2009). A grievance can be defined as “a real or imagined cause for complaint.” It may be expressed formally or informally. They are usually related to alleged or potential risks and adverse impacts associated with an operations, an alleged noncompliance with a project commitment, or to matters concerned with employment and working conditions.

Figure 6.1:  Grievance Mechanism flowchart

6.1   Grievance Redress Mechanism (GRM)

Project-affected-people and any other stakeholders may submit comments or complaints at any time by using the project’s Grievance Redress Mechanism (GRM). The overall objectives of the GRM are to:

 

  • Provide a transparent process for timely identification and resolution of issues affecting the project and people, including issues related to specifics in program components.
  • Strengthen accountability to beneficiaries, including project affected people.

The GRM will be accessible to all external project stakeholders, including affected people, community members, civil society, media, and other interested parties. Stakeholders can use the GRM to submit complaints, feedback, queries, suggestions, or even compliments related to the overall management and implementation of the program as it affects them. The GRM is intended to address issues and complaints in an efficient, timely, and cost-effective manner. The initial effort to resolve grievances to the complainant’s satisfaction will be undertaken by the participating section / unit of each DISCO. If the unit is not successful in resolving the grievance, the grievance would be escalated to the DISREP PMU’s grievance unit of the TCN and BPE as appropriate and if unsuccessful at this stage, the grievance will be escalated to the Oversight Monitoring implementing agencies at the Federal level. All grievance that cannot be resolved at that level shall be allowed to go the court of law.

6.2   Grievance Resolution Framework

Information about the GRM will be publicized as part of the initial program consultations and disclosure in all the participating agencies. Brochures will be distributed during consultations and public meetings, and posters will be displayed in public places such as in government offices, project implementation unit offices, notice boards available to strategic stakeholders, etc. Information about the GRM will also be posted online at the implementing agencies’ websites.

The overall grievance resolution framework will include six steps described below.  The six steps demonstrate a typical grievances resolution process.

  • Step 1: Uptake. Project stakeholders will be able to provide feedback and report complaints through several channels such as filling up grievance forms, reporting grievances to implementing agencies, submitting grievance via email address made available by the implementing units and via the implementing institutions’ websites collection boxes stipulated for the grievance uptake.
  • Step 2: Sorting and processing. Each unit / department of the implementing institutions will conduct a prompt sorting and processing of all grievances. The processing will involve the internal escalation process to specific desks to review, resolve and respond to grievances raised.
  • Step 3: Acknowledgement and follow-up. Within seven (7) days of the date a complaint is submitted, the responsible person within the unit will communicate with the complainant and provide information on the likely course of action and the anticipated timeframe for resolution of the complaint. The information provided to complainant would also include, if required, the likely procedure if complaints had to be escalated outside the unit and the estimated timeline for each stage.
  • Step 4: Verification, investigation and action. This step involves gathering information about the grievance to determine the facts surrounding the issue and verifying the complaint’s validity, and then developing a proposed resolution. It is expected that many or most grievances would be resolved at this stage. All activities taken during this and the other steps will be fully documented, and any resolution logged in the register.
    • Step 5: Monitoring and evaluation. Monitoring refers to the process of tracking grievances and assessing the progression toward resolution. Each implementing agency would develop and maintaining a grievance register and maintain records of all steps taken to resolve grievances or otherwise respond to feedback and questions.
    • Step 6: Providing Feedback. This step involves informing those who have raised complaints, concerns or grievances the resolutions to the issues they have raised. Whenever possible, complainants should be informed of the proposed resolution in person, which gives them the opportunity ask follow-up questions which could be answered on the spot for total resolve. If the complainant is not satisfied with the resolution, he or she will be informed of further options, which would include pursuing remedies through the World Bank, as described below, or through a court of competent jurisdiction.

 

6.3   DISREP Grievance Escalation Process

GRM Stage One – Specific Implementing DISCO Department Level Resolution

This stage represents the grievances collection points by specific units of the DISCO implementing agencies. As stated in the six steps framework above, this stage would involve the uptake; collation, sorting and processing; acknowledgement and the resolve as described in stage 4 – verification, investigation and action. All implementing agencies would attempt a full resolve of grievances at this stage as much as practical. A typical example of this stage process is each grievance committee at each unit of the implementing agency activating steps 1 to 4 as stated above to respond to all grievances raised to the institution. The grievance committee at each unit of implementing agencies would deploy all effort as much as practical at this stage to ensure all grievances raised to it has been adequately resolved to the satisfaction of all parties involved. Should the complainant not be satisfied at stage one, the grievances shall be escalated to stage two.

GRM Stage Two – TCN AND BPE Implementing Agency Level Resolution

The central platform for receiving, sorting and assigning stage two grievance will be located in the respective TCN AND BPE Implementing Agency. Once received, sorted and processed at State Implementing Agency, grievances related to different implementing agencies will be forwarded to the respective agencies. The stage two is a grievance redress platform led by the main implementing agencies. Every implementing agency would establish a grievance management unit which would deal with all the grievances escalated to it from the different units. These implementing agencies would apply the stage four as mentioned under the framework to address and resolve all grievances promptly and communicate the feedback to the complainants. Any complaints or grievances not resolved at this stage shall be escalated to the DISREP Ombudsman.

GRM Stage Three – DISREP Ombudsman Level Resolution (from the Oversight Monitoring Agencies)

The DISREP Ombudsman shall be formed of key officers from all the Oversight Monitoring implementing agencies. The ombudsman shall be responsible for resolving all grievances escalated to it. The ombudsman shall meet quarterly to review the grievance registers maintained by each implementing agency and use the same to update the grievance dashboard which shall be the compendium of all grievances raised across implementing agencies.

6.4   Grievance logs

Each implementing agency shall establish a grievance uptake point.

 

  • Individual reference number
  • Name of the person submitting the complaint, question, or other feedback, address and/or contact information (unless the complaint has been submitted anonymously)
  • Details of the complaint, feedback, or question/her location and details of his / her complaint.
  • Date of the complaint.
  • Name of person assigned to deal with the complaint (acknowledge to the complainant, investigate, propose resolutions, etc.)
  • Details of proposed resolution, including person(s) who will be responsible for authorizing and implementing any corrective actions that are part of the proposed resolution.
  • Date when proposed resolution was communicated to the complainant (unless anonymous).
  • Date when the complainant acknowledged, in writing if possible, being informed of the proposed resolution.
  • Details of whether the complainant was satisfied with the resolution, and whether the complaint can be closed out
  • If necessary, details of escalation procedure
  • Date when the resolution is implemented (if any).

 

6.5   Screening, Prioritization and Assignment

Complaints received under the program will be handled as is reasonably practicable, depending on the nature and complexity of the grievance. To expedite the screening process, all incoming grievances will be classified, according to their nature based on the following categories:

 

  • G0: Request for information not directly related to the Project
  • G1: Questions / Doubts
  • G2: Requests / Petitions
  • G3: Complaints

Following this preliminary assessment, DISREP will organize the process of review, validation and (if necessary) investigation of each grievance received, acknowledged and registered.

Grievances will be prioritized according to their severity and complexity level.  Table 6.2 shows the priority levels that will be applied:

 

 

 

 

 

Table 6.1:  Grievance priority classification

Priority Level

Description

Examples

High

Concern, claim or grievance involving stakeholders of high priority, and:

• Reports a breach to human rights

• Relates to a legal non-compliance

• Pose a short-term risk to the project continuity,

• Group complaints;

• Issues involving third parties (e.g. social, environmental impacts);

Medium

• Concern, claim or grievance from stakeholders (individual or as a group) that could impact the project reputation or compromise its development at medium term.

• Individual complaints;

• Issues involving other departments within DISREP program

Low

• Concern, claim or grievance regarding lack of information or unclear information provided.

Lack of information.

 

6.6   Monitoring and reporting on grievances

Day-to-day implementation of the GRM and reporting to the World Bank will be the responsibility of the Program Coordinator. To ensure management oversight of grievance handling, the –Federal Implementing Agency of DISREP (BPE) will be responsible for monitoring the overall process, including verification that agreed resolutions are actually implemented.

 

6.7   World Bank Grievance Redress System

Communities and individuals who believe that they are adversely affected by a project supported by the World Bank may also complain directly to the Bank through the Bank’s Grievance Redress Service (GRS) (http://projects-beta.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service). A complaint may be submitted in English, or in local languages, although additional processing time will be needed for complaints that are not in English.

A complaint can be submitted to the Bank GRS through the following channels:

  • By email: grievances@worldbank.org
  • By fax: +1.202.614.7313
  • By mail: The World  Bank,  Grievance  Redress  Service,  MSN  MC10-1018, 1818 H Street  Northwest, Washington, DC 20433, USA
  • Through the World Bank Nigeria Country Office in Abuja: 102 Yakubu Gowon Crescent, Asokoro , Abuja

 

The complaint must clearly state the adverse impact(s) allegedly caused or likely to be caused by the Bank-supported project. This should be supported by available documentation and correspondence to the extent possible. The complainant may also indicate the desired outcome of the complaint. Finally, the complaint should identify the complainant(s) or assigned representative/s, and provide contact details. Complaints submitted via the GRS are promptly reviewed to allow quick attention to project-related concerns.

In addition, project-affected communities and individuals may submit complaints to the World Bank’s independent Inspection Panel, which will then determine whether harm occurred, or could occur, as a result of the World Bank’s non-compliance with its policies and procedures. Complaints may be submitted to the Inspection Panel at any time after concerns have been brought directly to the World Bank’s attention, and after Bank Management has been given an opportunity to respond. Information on how to submit complaints to the World Bank Inspection Panel may be found at www.inspectionpanel.org.

 

 

 

 

CHAPTER SEVEN

7.0   MONITORING AND REPORTING

 

The Stakeholder Engagement Plan will be periodically revised and updated as necessary in the course of the Nigeria DISREP program implementation in order to ensure that the information presented herein is consistent and is the most recent, and that the identified stakeholders and methods of engagement remain appropriate and effective in relation to the project context and specific stages of the implementation. Any major changes to the project related activities and to its schedule will be duly reflected in the SEP. This includes regular refreshers to stakeholders about the grievance mechanism and related processes and regular Project Monitoring reports and reporting to the different stakeholders as appropriate.

7.1   Reporting

Monitoring of the stakeholder engagement process allows the efficacy of the process to be evaluated. Specifically, by identifying key performance indicators that reflect the objectives of the SEP and the specific actions and timings, it is possible to both monitor and evaluate the process undertaken. Information on public engagement activities undertaken by the Project during the year may be conveyed to the stakeholders in two possible ways:

 

  • During the engagement activities: short-term monitoring to allow for adjustments/improvements to be made during engagement; and
  • Following completion of all engagement activities: review of outputs at the end of engagement to evaluate the effectiveness of the SEP as implemented.

 

A series of key performance indicators for each stakeholder engagement stage have been developed. Table 7.1 shows the indicators, and performance against the indicators will show successful completion of engagement tasks.

Table 7.1:  Key Performance Indicators by Project phase

Project Phase

Key activities

Indicator

Preparatory & Planning phase for DISREP

 

§ Preliminary Stakeholder engagement on project designs and anticipated impacts.

 

§ Notification on multi-media (posters, radio, TV, DISREP website

 

§ Official correspondence

§ Stakeholder engagement reports & records of meetings

§ Number of public hearings, consultation meetings and other public discussions/forums conducted within a reporting period (e.g. monthly, quarterly, or annually);

§ Frequency of public engagement activities;

§ Number of notifications & mode of communication

§ Number of letters/emails sent

Project Implementation

§ Project Notices issued

 

§ Stakeholders Mapping

§ Newspaper clippings, updates on the DISREP website

§ Geographical coverage of public engagement activities – number of locations and communities covered by the consultation process;

§ Number and details of vulnerable individuals involved in consultation meetings;

§ Number of updated versions  – at least one updated version within the project cycle

Recorded Grievances in the GRM

§ Number of public grievances received within a reporting period (e.g. monthly, quarterly, or annually) and number of those resolved within the prescribed timeline;

§ Type of public grievances received;

§ All grievances addressed as per grievance procedure

§ Pending grievances & suggested resolutions

§ SEP Implementation

 

§ Public gatherings

§ SEP Annual reports

§ Number of public gatherings & records (topics discussed)

§ Number of press materials published/broadcasted in the local, regional, and national media;

§ Official correspondence

§ Information Disclosure and External

§ Communication

 

§ Number of letters/emails sent

§ % of received communications being answered through the website

§ % of received communications being answered through the email

§ % of answered calls through the telephone exchange.

Project Completion

SEP implementation Project

§ SEP Final Report

 

7.2   Stakeholder Involvement in Project Monitoring

The Involvement of project-affected stakeholders in the monitoring process will promote transparency and support in addressing stakeholder concerns.  Stakeholder participation in monitoring can also empower communities as it enables them to have a role in addressing Project-related issues that affect their lives. This, in turn, strengthens relationships between the Project and its stakeholders.

Stakeholder involvement in monitoring of this Project will include the following:

  • Involvement of affected stakeholders when selecting sampling methods for any social surveys or external impact assessments, and in the analysis of results. Training will be conducted where needed to build capacities.
  • Observations of monitoring and audit activities by affected parties.
  • Grievance follow-up meetings and calls with affected stakeholders.

 

7.3   Ongoing Reporting to Stakeholders

DISREP will produce reports for use by project stakeholders at stipulated intervals and through specified mechanisms. Reports from various departments will be reviewed and appropriate information presented in synthesized reports to various stakeholders. The modes of reporting shall be as outlined below:

 

 

 

 

 

Table 7.2:  Outline of Reports to Stakeholders

Report

Content

Stakeholder

Frequency

Technical reports (Financial, Occupational Safety and

Health Report, Environmental and Social Audit, Personnel)

Technical Evaluation of the Programmes status

Regulatory authorities

At agreed timeline

Progress Update Reports and Annual report

·   Project development activities,

·   challenges and opportunities,

·   local workers hiring status

·   Federal and State Implementing Agencies

·   World Bank

 

Quarterly, Six months after effectiveness date and other

agreed timeline

Media release

Main Project milestones

Local media (and national media as appropriate)

At agreed timeline

 

7.4   Training

DISREP implementing agencies will arrange community & stakeholder engagement overview, principles, tools and goals associated with the implementation of this SEP that will be provided to the members of staff who, due to their professional duties, may be involved in interactions with the external public, as well as to the senior management. Specialized training will also be provided to the staff appointed to deal with stakeholder grievances as per the Public Grievance Procedure. Annex 3 has indicative outline for the proposed stakeholder engagement training.

Project contractors and selected representatives will also receive necessary instructions for the Grievance Procedure.


ANNEXES

ANNEX 1:  Proposed Budget Line Items for Stakeholder Engagement

S/No.

Item

1.

Stakeholder Engagement in programme locations

2

Virtual online meetings/ internet with project stakeholders and state counterparts

3.

Town-hall meetings in Locations where DISREP platform Project exist

4.

2-Day Primary Stakeholders retreat

5,

Subsidiary staffing of the social unit (Salary)

6.

Stakeholder consultative Forum

7

Production of National Jingles for Television and Radio

8

Production of Newsletter

 

Programme information kit

10

Weekly Sponsored radio Programme

11

Purchase of audio visual and Public Address systems

12

Purchase of camera

13

Purchase of publicity vans Registration & Insurance

14

Maintenance of Vehicles & Fuelling

15.

Miscellaneous (Printing etc.)

16

Toll free number

17

Purchase of face mask, hand sanitizer / sanitation facilities and temperature testing equipment’s.

 

ANNEX 2:  NERC Customer Classification Index

 

Customer

Classification

Description

Remarks

1

Residential 

 

A consumer who uses his premises exclusively as a residence – house, flat or multi-storied house where people reside. 

 

R1 

Life-Line (50 kWh)

 

R2

Single and 3phase  

 

R3

LV Maximum Demand

 

R4

HV Maximum

Demand (11/33 KV)

2

Commercial

 

A consumer who uses his premises for any purpose other than exclusively as a residence or as a factory for manufacturing goods.

 

C1

Single and 3phase 

 

C2 

LV Maximum Demand 

 

C3

HV Maximum

Demand(11/33 KV)

5

Industrial

 

A consumer who uses his premises for manufacturing goods including welding and ironmongery. 

 

D1

Single and 3phase

 

D2

LV Maximum Demand

 

D3

HV maximum

Demand (11/33 KV)

4

Special

 

Customers such as agriculture (agro-allied enterprises involving processing are excluded), water boards, religious houses, Government and teaching hospitals, Government research institutes and educational establishments.

 

A1

Single and 3 Phase

 

A2

LV Maximum Demand

 

A3

HV Maximum

Demand (11/33

KV)

5

Street Lighting

 

 

 

S1

Single and 3phase

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX 3:  PROPOSED TRAINING OUTLINE

 

Community & Stakeholder Engagement Overview

  • Setting the scene – The theory of change,
  • How to Identify Stakeholders Through Impact Zoning?
  • Core Values for the Practice of Public Participation
  • What Makes Communities “Trust” a Company?
  • Tips for Engaging when Authorities do not Allow Communities to Organize Themselves
  • References on Participatory Methods and Techniques
  • References on Gender and Engagement.
  • Using Software Programs to Track Stakeholder Consultation and Commitments.
  • A brief history of community/stakeholder engagement processes on existing project or participating state
  • Politics and the roles of community/stakeholder engagement
  • Changing emphasis in policy development – Accountability, transparency and involvement of social license to operate
  • Increasing stakeholder consultation expectations

Community Engagement Principles

  • Levels and principles of community/stakeholder engagement
  • The importance of early identification of the purpose and function of community/stakeholder engagement
  • Different levels of community/stakeholder engagement – ranging from information to participation to partnership
  • Is there a difference between community engagement and stakeholder engagement?

Overview & Introduction

  • Current skills inventory for community/stakeholder engagement
  • Good and bad experiences of community/stakeholder engagement
  • Identification of current community/stakeholder engagement process focus areas

Practical Case Examinations

  • At the beginning of the course, participants will put forward examples from their own work situations as possible case studies
  • Participants will be able to choose to work on their own consultation plan relevant to their project or participate in group selected most applicable case studies to work through using a practical set of principles and approaches for stakeholder engagement and the tools they have gained through the course

Effective community engagement

  • The community engagement approach framework – an overview
  • How the framework provides a structure for planning
  • The links between different sections of the framework
  • How to use the framework in the work situation
  • stakeholder engagement strategy
  • Create a human rights based model of stakeholder consultation underpinned by community engagement international best practice and regulatory compliance

Engagement Levels, Goals & Communication Levels

  • What type of engagement is needed? – the process of making decisions depending on your desired outcomes
  • Clarifying what is to be achieved by community/stakeholder engagement – intra-organisational consultation
  • Ensuring that the community/stakeholder engagement goals are clearly articulated
  • Working up and down within in an organisation to ensure agreement on these goals

Risk Assessments & Conflict Management

  • Assessing risks and benefits
  • Identifying different risk categories
  • Likelihood of conflict in the absence of community/stakeholder engagement
  • Possible impact of conflict
  • Assessment of likelihood of conflict arising during community/stakeholder engagement
  • Use of a Risk Assessment Tool for community/stakeholder engagement
  • Managing risks – which risks can be avoided and which must be managed
  • Planning the community/stakeholder engagement process to avoid unnecessary conflict
  • Where conflict is inevitable, how to ensure it is managed to achieve the most useful outcomes

Stakeholder Management and consultation

  • Develop, plan, implement, review and benchmark stakeholder and community engagement programs
  • Tailor engagement approaches to respond to diversity and mitigating emerging conflict
  • Case study examples will be discussed, based on real life community/stakeholder engagement processes

Resource Allocation & Budgeting

  • A standardised budget will be customised for the needs of individual participants and the organisational budgets. It will include all the line items for
    • consideration in a community/ stakeholder engagement process
    • Identifying social investment strategy opportunities which enhance community relationships
    • Influencing organisational stakeholder consultation change

Putting it all Together & Communication Tools

  • Communicating clearly – key points
  • Communicating via different media – visual, verbal, written
  • Using different tools – pamphlets, papers, internet, email, fax, face to face
  • What not to do – examples of bad communication and what effect that has on recipients
  • Building skills in working with a diversity of people and groups
  • When and how to employ professionals/consultants

Review

  • Review – identification of key learning points for each individual participant
  • What will this mean for your first week back at work?
  • What strategies will you use to influence organisational stakeholder consultation change?

 

 

ANNEX 4: POINTS OF CONTACT

Information on the project and future stakeholder engagement programs will available on the project’s website and will be posted on information boards in the respective project implementation Units

The point of contact(s) regarding the stakeholder engagement program are:

Federal Ministry of Finance

Description

Contact details to be determined (add the contact details once available)

Name and position

 

Address:

Federal Ministry of Finance, Abuja

E-mail:

 

Telephone:

To be provided

 

Federal Ministry of Power and Steel/ NERC

Description

Contact details

Name and position

 

Address:

Federal Ministry of Power/ NERC

E-mail:

 

Telephone:

To be provided

 

 

 

 

Federal Ministry of Environment

Description

Contact details

Name and position

 

Address:

 

E-mail:

 

Telephone:

To be provided

 

Implementing Agency of DISREP (BPE)

Description

Contact details

Name and position

 

Address:

 

E-mail:

 

Telephone:

To be provided

 

 

DISCOs

Description

Contact details

Name and position

 

Address:

 

E-mail:

 

Telephone:

To be provided

 

 

 

[1] Vulnerable status may stem from an individual’s or group’s ethnic or social origin, color, gender, language, religion, political or other opinion, property, age, culture, literacy, sickness, physical or mental disability, poverty or economic disadvantage, and dependence on other individuals or unique natural resources.

 

LABOUR MANAGEMENT PROCEDURES






 



LABOUR MANAGEMENT PROCEDURES

FOR THE

NIGERIA DISTRIBUTION SECTOR RECOVERY PROGRAM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRANSMISSION COMPANY OF NIGERIA

 

 

 

 

Draft Final Report

November 2020

 

 

Contents

abbreviations. 4

EXECUTIVE SUMMARY. 5

1.0 Introduction. 6

1.1 Project background. 6

1.2 Distribution Sector Recovery Program Components. 6

1.2.1   IPF Component. 7

1.2.2   Technical Assistance Component. 7

1.3 Labour Management Procedure (LMP) 8

1.4 Scope of The Labour Management Procedure. 9

2.0 overview of labour uSe in the disrep. 10

2.1 Category of Workers. 10

2.2 Characterization of Labour requirements. 10

2.3 Number of Project Workers. 12

3.0 LEGAL AND REGULATORY REQUIREMENTS. 13

3.1 Introduction. 13

3.2 Policies and Acts. 13

3.3 Federal Ministry of Labour and Employment. 15

3.4 International Regulations. 17

3.5 International Finance Institution requirements. 19

3.6 The World Bank Environmental and Social Standards: ESS 2. 19

4.0 ASSESSMENT OF KEY POTENTIAL LABOUR Risks and  mitigation MEASURES. 20

4.1 Project Activities which could Pose Labour Risks. 20

4.2 DISREP Labour Risk Analysis and Mitigation. 20

4.3 Labour Influx. 28

4.4 Gender-Based Violence. 28

5.0 POLICIES AND PROCEDURES FOR LABOUR MANAGEMENT. 30

5.1 Policies. 30

5.2 Procedures. 31

6.0 ROLES AND RESPONSIBILITIES FOR MANAGING THE LMP. 36

6.1 Introduction. 36

6.2 Roles and Responsibilities Matrix. 36

6.3 Capacity Assessment for Implementing the LMP. 37

7.0 Grievance Redress Mechanism for Workers. 39

7.1 Introduction. 39

7.2 Establish a GRM… 39

7.3 Roles of the GRCs. 40

7.4 Expectation When Grievances Arise. 40

7.5 Typical Grievance Redress Process. 41

7.6 How to Register a complaint. 43

7.7 Role of Trade Unions in GRM… 43

REFERENCES. 44

ANNEX 1: SAMPLE OF A RISK ASSESSMENT TOOL. 45

ANNEX 2: SAMPLE OF A CONTRACTORS CODE OF CONDUCT. 46

ANNEX 3    SAMPLE HEALTH TRAINING AND ENVIRONMENT PLAN.. 53

ANNEX 4    WORKERS CAMPSITE MANAGEMENT FRAMEWORK. i

 

 

LIST OF FIGURES

Figure 1: Inter-relationship between Project Components. 6

Figure 2: Flowchart for Grievance Redress Mechanism.. 42

 

LIST OF TABLES

Table 1: Labour Characterisation under DISREP. 11

Table 2: Comparison between the Nigeria Labour Legislation and World Bank ESS2. Error! Bookmark not defined.

Table 3: Labour Risk Identification and Analysis. 21

Table 4: Roles and Responsibility Matrix. 36

Table 5: Capacity Assessment for Implementing the LMP. 37

Table 6:Grievance Redress Procedures for PMU Workers. Error! Bookmark not defined.

Table 7:Grievance Redress Committees for Contracted Workers. Error! Bookmark not defined.

Table 8: Typical Steps in a Grievance Redress Process. 41

 

 

 

 

 

 

 

 

 

 

 

abbreviations

 

BPE Bureau of Public Procurement

DAP    Data Aggregation Platform

DISCOs Electricity Distribution Companies

DISREP   Distribution Sector Recovery Program

DLIs Disbursement Link Indicators

ESCP   Environmental and Social Commitment Plan

ESF Environmental and Social Framework

ESS Environmental and Social Standards

FEC Federal Executive Council

GBV    Gender-Based Violence

GRM   Grievance Redress Mechanism

HSE Health Safety and Environment

IA Implementing Agency

IPF   Investment Project Financing

LMP    Labour Management Procedure

LTI   Loss Time Injury

MoP   Ministry of Power

NERC Nigerian electricity Regulatory Commission

OHS    Occupational Health and Safety

PDO    Program Development Objective

PforR Program for Results

PMU   Project Management Unit

PIP Performance Improvement Plans

PPE   Personal Protective Equipment

SEA Sexual Exploitation and Abuse

SH    Sexual Harassment

TA    Technical Assistance

 

 

EXECUTIVE SUMMARY

 

This Labour Management Procedure (LMP) was developed to identify and manage risks associated with labour and working conditions under the Distribution Sector Recovery Program (DISREP). It identifies labour requirements in line with applicable laws, standards and sets out the procedures for addressing labour conditions and risks associated with the DISREP in line with the World Bank Environmental and Social Standard 2 (ESS2).

An overview of labour use and characterization on the project has been provided.  The LMP has assessed the potential labour risks associated with the project based on the type of work and workers and documented appropriate mitigation measures.

Compliance obligations have also been documented which will serve as supplemental policies that will guide the implementation of this LMP including national laws, international laws, and in particular, the World Bank ESS2.

The LMP sets out policies and procedures governing the following:

  • Non-discrimination and equal opportunity
  • Age of employment
  • Terms and conditions of employment
  • Working conditions
  • Occupational health and safety (OHS)
  • Forced labour
  • Sexual harassment (SH), sexual exploitation and abuse (SEA), gender-based violence (GBV)
  • Grievance Redress mechanism (GRM)
  • Right of association and collective bargaining
  • Community health & safety
  • Engagement of community workers
  • Contractors management
  • Primary suppliers
  • Discipline and termination of employment

 

Roles and responsibilities for implementing the LMP have also been documented in line with the project structure for implementing the DISREP. This LMP recognizes the significance of having a structured process for managing complaints and has established a grievance redress mechanism for workers. It has also provided to guide the development of site-specific Labour Management Plans by contractors as part of the Environmental and Social Management Plan.

 

 

 

 

1.0   Introduction

1.1   Project background

The Federal Government is requesting the support of the World Bank to implement the Nigeria Distribution Sector Recovery Program (DISREP) which aims to address the root causes of distribution sector underperformance. This will be achieved through support for the improvement of Electricity Distribution Companies’ (DISCOs) operational performance, service delivery and governance through concessional lending to DISCOs, for the implementation of specific components of Nigerian electricity Regulatory Commission (NERC) approved Performance Improvement Plans (PIPs).

The Program Development Objective is to improve financial and technical performance of the DISCOs. The DISREP aims to directly benefit Nigerian power sector customers including residential, commercial and industrial customers and in particular women, with broader spill over benefits to other power sector participants and the broader Nigerian economy and environment.  In addition, investments in infrastructure rehabilitation and customer metering will improve the quality and quantity of electricity supply to those already connected as well as improve customer experience through improvements in billing accuracy for currently unmetered customers.  Reliable access to quality electricity supply will improve customer productivity and removes a major constraint to economic development.

 

1.2   Distribution Sector Recovery Program Components

The Nigeria Distribution Sector Recovery Project (DISREP) is a hybrid operation comprising (i) PforR Program, Investment Project Financing (IPF) and Technical Assistance component which are de facto IPF. This Labour Management Procedure (LMP) is focused on the labour and working conditions associated with the IPF and Technical Assistance components, whereas, the risks and impacts associated with the PforR program is covered under the Environmental and Social System Assessment (ESSA) for the P4R which is a standalone instrument as depicted in figure 1 below

 

 

 

 

 

 

 

 

 

Figure 1: Inter-relationship between Project Components

 

1.2.1 IPF Component

The proposed operation would involve two IPF components for: 1) the NERC Data Aggregation Plan (DAP), and 2) the bulk procurement and transportation of meters for DISCOs. 

IPF Component 1 (IPF1): NERC Data Aggregation Platform. To support NERC in addressing problems of inadequate data availability, inconsistent data quality, and irregular reporting of the sector operators, that impact their ability to monitor sector performance, the IPF1 component will support the scoping and implementation of a comprehensive DAP within NERC. The development and implementation of the DAP will be complemented by the parallel deployment of customer meters and the improvements in data management and reporting by DISCOs.

IPF Component 2 (IPF2): Bulk procurement of customer/retail meters for DISCOs. To support DISCOs’ implementation of metering as part of their PIPs, the IPF 2 component will facilitate the bulk procurement of customer/retail level meters on behalf of DISCOs.  The centralized procurement of meters will also ensure that meters are of a minimum standard and standardized where possible, which will facilitate the integration of metering data with the NERC DAP.  The specification of the meters will adhere to the NERC Meter Code and will be established in partnership with DISCOs.

1.2.2 Technical Assistance Component

The proposed operation would involve three Technical Assistant (TA) components for: 1) PforR implementation support, 2) capacity building for DISCOs, and 2) the design of a social protection fund. 

TA Component 1 (TA1): DISREP Implementation Support.

  • The TA1 would include the establishment of a Project Management Unit (PMU) in the Bureau of Public Procurement (BPE) to assist with the functions of the PforR Implementing Agency.
  • Implementation support to BPE will include support for verification of the DISCOs Disbursement Link Indicators (DLIs), working closely with an independent verification agent.
  • The TA1 would include capacity building for implementation of measures identified in the Program Action Plan (e.g. strengthening of Safeguards, financial management, procurement capacity).

TA Component 2 (TA2). Technical assistance will be designed as Programmatic Technical Assistance (PTA) over a five-year period. The PTA will be supported and co-financed by the WB Energy Sector Management Assistance Program and include the following pillar, under which specific activities will be defined and implemented:

Sub-Component 2.1 Capacity Building: will involve capacity building for the Ministry of Power ( MoP) as well as DISCOs. 

  • This would include the development of a roadmap on electricity sector market evolution along with sector policies and regulation.
  • Support DISCOs’ capacity building and change management programs focusing on the application of new business models and commercial operations in DISCOs’ services.
  • A review of the current sector contractual frameworks and provide recommendations on potential changes as the market evolves, including options for direct sourcing of power supply from Generating Companies (GENCOs)as well as from embedded generation such as wind and solar.
  • Support participating DISCOs to apply innovative approaches to identify gender gaps as well as the main impediments of disadvantaged customers to access electricity and to address them through the development of DISCO-specific gender strategies.

 

Sub-Component 2.2 Design of a Consumer Assistance Fund:

  1. i) assess the impact of the tariff increases on the poor;
  2. ii) identify suitable delivery mechanisms of the assistance and targeting principles that will minimize inclusion and exclusion errors for both metered and unmetered consumers;

iii) model the possible financing sources and ranges of this fund and the financial support at the consumer level, while adhering to the Act of 2005; and,

  1. iv) propose a realistic and feasible design of the Consumer Assistance Fund, whilst adhering to principles of good program design, including outreach, intake, and registration, assessment of conditions and needs, enrolment, payments, tools (e.g. ICT), and communication schemes to increase citizen engagement.

 

1.3   Labour Management Procedure (LMP)

This Labour Management Procedure (LMP) was developed to identify and manage the potential impacts and risks associated with labour and working conditions under the Investment Project Financing (IPF) component of the Distribution Sector Recovery Program (DISREP). It identifies labour requirements in line with applicable laws, standards and sets out the procedures for addressing labour conditions and risks associated with the DISREP, which is aimed at helping the project determine, plan resources necessary to address project Labour issues and implement the plan. The LMP is enshrined within the context of applicable Nigerian laws, notably the Labour Act 1974, Occupational Safety and Health Act 2005, Nigerian Electricity Health and Safety Standards Manual, the World Bank Environmental and Social Standards (ESS) 2: Labour and Working Conditions, International Labour Organization (ILO) and ISO 45001 requirements.

The LMP applies to all Project workers whether full-time, part-time, temporary, seasonal or migrant workers. The LMP is applicable, as per ESS2 to the Project.

The main objective of the LMP is to recognize the importance of employment creation and income generation in the pursuit of poverty reduction and inclusive economic growth. Other objectives include:

  • To protect project workers including vulnerable workers such as women and girls, persons with disabilities, children of working age, contracted workers, and primary supply workers
  • To promote safety and health at work
  • To promote the fair treatment and non-discrimination
  • To prevent the use of all forms of forced labour and child labour
  • To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law.
  • To provide project workers with an accessible platform to raise workplace concerns

1.4   Scope of The Labour Management Procedure

This LMP describes the requirements and expectations in terms of compliance, reporting, roles & responsibilities, monitoring, supervision and training with respect to labour and working conditions, including camp accommodation. This LMP covers all categories of project workers under the IPF component but exclude government workers/civil servants working in connection with this project except there is a legal transfer of their employment or direct engagement to this project.

The LMP sets out the following:

  • Overview of labour use under DISREP
  • Legal and regulatory requirements

· Assessment of key potential labour risks and impacts

· Mitigation of potential risks and impacts

  • Policies and procedures, including:
  • Non-discrimination and equal opportunity
  • Age of employment
  • Terms and conditions of employment
  • Working conditions
  • Occupational health and safety
  • Forced labour
  • Sexual harassment (SH), sexual exploitation and abuse (SEA), gender-based violence (GBV)
  • Grievance Redress mechanism (GRM)
  • Right of association and collective bargaining
  • Contractors management
  • Primary suppliers
  • Discipline and termination of employment
  • Roles and responsibilities for managing the LMP
  • Grievance redress mechanism for workers

 

 

 

 

 

 

 

 

 

2.0   overview of labour uSe in the disrep

2.1   Category of Workers

Environmental and Social Standard 2 (ESS 2): Labour and Working conditions of the World Bank’s Environmental and Social Framework (ESF) categorizes workers into direct workers, contracted workers, community workers, and primary supply workers. Project workers refer to:

  1. people employed or engaged directly by the Borrower (including the project proponent and the project implementing agencies) to work specifically in relation to the project (direct workers);
  2. people employed or engaged through third parties (contractors, subcontractors, brokers, agents or intermediaries) to perform work related to core functions of the project, regardless of location (contracted workers);
  • people employed or engaged by the Borrower’s primary suppliers (primary supply workers);

 

The outlined project workers include full-time, part-time, temporary, seasonal and migrant workers.

The categories for which the DISREP workers have be defined are provided below:

 

  1. Direct workers: Direct workers will comprise a mix of government civil servants from various relevant line ministries (deployed to work directly on the project) and those engaged as technical consultants, full and part-time, by the coordinating and implementing agencies under the project. The former will be governed by a set of public service rules, the latter by mutually agreed contracts. All workers from these organizations engaged directly by the borrower to work on the DISREP are considered direct workers. This includes workers within the Project Management Unit (PMU) which will be domiciled in the Bureau of Public Procurement (BPE), the implementing agency for the P4R component. Direct workers will also include staff from the Transmission Company of Nigeria (TCN), the implementing agency for the IPF and TA components. NERC is another organisation involved in the project at the Federal level, and in the various states involved in the project,
  2. Contracted workers: Two broad categories of contracted workers are expected. First is Consultant service providers who will provide implementation support services to the various organisations involved in the project. The second category involves those who will be contracted to carry out services under the project including contractors, subcontractors, transporters, waste managers, storage services, installation, agents and other forms of services that will require contractors.
  3. Primary Suppliers: include suppliers of items such as meters, ICT hardware and software, operational equipment, and other items under procurement of project goods.

 

2.2   Characterization of Labour requirements

Given the nature of the project and categories of workers required, the workforce will comprise of both skilled and unskilled labour, technical staff,  and government civil servants, full-time, part-time, migrant/seasonal workers. A summary of the labour characterization is presented in Table 1.

Table 1: Labour Characterisation under DISREP

WORKER CATEGORY

DESCRIPTION

TYPE OF WORK

Direct Workers

People who will/deployed to work directly for the project, including project workers as indicated below:

BPE

DISREP TA component will support the establishment of a Project Management Unit (PMU) in BPE and workers within the organization will be deployed to execute various project activities in the PMU.

NERC

Some NERC workers will be involved in the implementation of a comprehensive NERC Data Aggregation Platform (DAP) which will include hardware and software components and data management

TCN

TCN is the implementing agency for the IPF and TA components. Some staff will work directly for the project on:

· Bulk procurement of customer/retail meters for DISCOs

· Implementation of TA component which will entail :

ü  implementation support for the establishment of a PMU in BPE to assist with the P4R

ü  support for verification of the DISCOs DLIs working closely with an independent verification agent

ü  capacity building

Technical Consultants

Technical Consultants will provide technical assistance under the project, based on their various areas of expertise

Contracted Workers

Contractors, subcontractors, transporters, waste managers, storage services, installers, agents, migrant/seasonal workers

These types of workers will be engaged for:

· Installation of DAP in NERC

· Management of waste including e-waste

· Loading and off-loading and unloading of packages

· Temporary/ permanent storage of equipment

· Transportation of equipment and infrastructure

· Enumeration/ data collection for the design of a consumer assistance fund

Consultants

Consultant service providers who will provide implementation support/advisory services

Primary Suppliers

Suppliers of Goods and materials over which a primary supplier exercises control over the work, working conditions and treatment of the person

· Supply of meters

· Supply of ICT equipment

· Supply of operational equipment

· Other procured goods

 

2.3   Number of Project Workers

At the point of preparation of this LMP, the exact scope of project works like the exact specification of the DAP, how many meters will be purchased, number of staff at each level etc.are not yet known. Hence identifying the number of potential workers required is impossible at this stage. When the exact project scope is known, site-specific Labour Management Plan will be prepared as a part of the Environmental and Social Impact Assessment/Environmental and Social Management Plans to provide estimated numbers of required workers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.0   LEGAL AND REGULATORY REQUIREMENTS

3.1   Introduction

There are national laws, policies, systems, standards and international good practice codes that govern labour and working conditions associated with projects such as the DISREP which the project will comply with. Such requirements are outlined in this section.

3.2   Policies and Acts

Labour Act, Chapter 198, Laws of the Federation of Nigeria (LFN) 2004: The Act covers general provisions including:

  • Protection of wages
  • Contracts of employment and terms and conditions of employment
  • Fair treatment and equal opportunities for project workers.
  • Hours of work and overtime
  • Employment of women
  • Labour health matters
  • Prohibition of forced labour
  • Labour complaints

 

Factories Act, 1990: The Factories decree 1990 is a landmark in legislation in occupational health in Nigeria. It provides a substantial revision of the colonial legislation, Factories Act 1958, in which the definition of a factory was changed from an enterprise with 10 or more workers to a premise with one or more workers thereby providing oversight for the numerous small-scale enterprises that engage the majority of the workforce in Nigeria. It stipulates the enforcement of compliance on factories, industries and organizations that employ labour on the protection of the right of workers to friendly environment, health and safety including provisions for prevention and protection from hazards, safety training and supervision, notification and investigation of accidents amongst others.

 

Factories Act, Cap F1, LFN 2004: The Act –

  • Provides a legal framework for the regulation of safety standards for the operation of factories in Nigeria; and
  • Sets out minimum standards for clean and conducive working environments

 

Employees’s Compensation Act (2010): The Act provides compensation to employees who suffer from occupational diseases or sustain injuries arising from accidents at the workplace or in the course of employment. Payment of compensation (to the worker or his dependents in case of death) by the employer is rooted in the accepted principle that the employer has a duty of care to protect the health, welfare and safety of workers at work. 

 

Trade Unions (Amended) Act, 2005: Relevant provisions include:

  • Membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member.
  • For the purposes of collective bargaining all registered Unions in the employment of an employer shall constitute an electoral college to elect members who will represent them in negotiations with the employer.
  • The right to strike is an integral part of the freedom of every citizen to associate with others particularly to form or join a trade union of his choice for the protection of his interests, which is entrenched in section 40 of the Constitution of the Federal Republic of Nigeria 1999.
  • No person shall subject any other person to any kind of constraint or restriction of this personal freedom in the course of persuasion.

 

National Minimum Wage Act, 2010: National minimum wage in Nigeria is determined by the Government. Government is empowered to set up “industrial wages boards” for specific sectors or geographical areas where it considers wages to be “unreasonably low” or where there is no adequate collective bargaining machinery for the effective regulation of wages or other conditions of employment of those workers.

Generally, wage rate is determined by the applicable collective agreement or the agreement between the worker and the employer.

Section 15 of the Labour Act states that “wages shall become due and payable at the end of each period for which the contract is expressed to subsist (daily, weekly or at such other period as may be agreed upon) provided that where the period is more than one month, the wages become due and payable at intervals not exceeding one month”.

The Act applies across the all sectors/employers, with the exception of an establishment in which workers are employed or paid on part-time and/or on a commission or piece-rate basis: this implies that such supply and transport workers are bound by their contractual agreements

 

The Occupational Safety and Health Act 2005: this act states that every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of all his employees. Other special provisions relevant to this LMP include:

  • Prohibitions regarding young persons
  • Duties of employer regarding Safety and Health Officers
  • Risk assessment by employer and Record of risk assessments
  • Exposure to serious and imminent danger
  • Duties of Safety and Health officers, Establishment of Safety and Health Committees
  • Health and welfare: Structure of building, Overcrowding, Ventilation and temperature, Lighting, Sanitary conveniences, Supply of drinking water, Washing facilities, Provisions for first-aid
  • Safety (Machinery): Training and supervision, use of equipment and machinery
  • Safety (general provision): Safe means of access and safe place of employment, Substances hazardous to health, Prevention of fire, Safety provisions in case of fire

National Policy on Occupational Safety and Health, revised 2020: This policy was approved by the Federal Executive Council (FEC) in September 2020. While this has not been legislated, in this LMP it is captured as a guide for voluntary compliance and serve as a basis for OSH programs. Furthermore, it recognizes ISO 45001:2018 and captures policy provisions for implementing Occupational Safety and Health, and duties and roles of various groups including:

Statutory authority, federal ministry of health, MDAs, employers, organisations, manufacturers, transporters, workers, HSE Committees, Nigeria Social Insurance Trust Fund, Standards Organisation of Nigeria, Office of the Head of Civil Service, Mass Media, Academia, other stakeholders.

 

Nigerian Electricity Health and Safety Standards Manual: which outlines provisions for the following:

Creating a culture of safety in the workplace

Good housekeeping practices to minimize risks and incidents in the workplace including:

  • Dust and dirt removal
  • Employee facilities
  • Surfaces
  • Maintain light fixtures
  • Aisles and stairways
  • Spill control
  • Tools and equipment
  • Maintenance
  • Waste disposal
  • Storage

New employee orientation

Workers’ rights

 

3.3   Federal Ministry of Labour and Employment

The Nigeria Ministry of Labour and Employment is the country’s designated authority for Labour-related matters. The ministry has the authority and capacity to ensure appropriate Labour management in the country; as such, its institutional framework is adequate to accommodate and oversee to the implementation of requirements under the World Bank’s ESS2 – Labour and Working Conditions.

The Ministry is structured into six Zonal Labour offices, nine departments consisting of six professional and three service departments. It operates 36 State Labour Offices and the FCT, 23 District Labour Offices, Labour Desk Offices. Recently, 9 Labour Desks were approved for 9 ministries, department and agencies. In addition, it oversees 5 parastatals and relates to several national and international bodies and organizations. Thus, representatives of the Ministry are present in all the project participating DISCOs states.

 

Relevant Departments:

  1. The Inspectorate

The Department is charged with the responsibility of ensuring compliance with all national and international Labour legislation connected with terms and conditions of employment, promotion of health and safety and sustenance of industrial peace and harmony. The department is also charged with the protection of children from child Labour especially in its worst forms.

  1. Social Security Department

The Ministry inaugurated a National Working Committee (NWC) on Social Security Policy for Nigeria. The outcome was the establishment of Social Security Department within the ministry to promote a coordinated and holistic approach to social security. The policy drafted by the NWC was in line with the International Labour Organization (ILO) Convention 102, to provide a framework for international best practices based on set minimum standards. The policy is expected to provide the poor, weak and vulnerable an equitable access to medical care, employment, maternity care, survivor’s benefits, etc. The department collaborates with relevant stakeholders to regulate a well-focused, coordinated and effective National Social Security System.

  1. Employment and Wages

The Department is charged with the responsibility of initiating and implementing the employment and wages policies of the Federal Government of Nigeria and has the following functions:

  • Formulation and implementation of employment policies.
  • Registration and placement of unemployed applicants through:
  • Employment Exchanges
  • Professional and Executive Registries
  • National Electronic Labour Exchange
  • Coordination of Decent Work Country Program
  • Wages administration through:
  • Wages Monitoring
  • Processing of Collective Agreements
  • Issuance of Recruiter’s Licenses.
  • Labour migration management.
  • Initiating and implementing programs on active aging
  • Oversight functions over the National Directorate of Employment.

 

  1. Occupational Safety and Health

The Factory Inspectors under the department are responsible for the enforcement of Factories Act 1990, Cap 126 Law of the Federation of Nigeria. The Occupational Safety and Health Department has statutory responsibility for safeguarding and promoting the safety, health and wellbeing of workers in their various workplaces (Factories), through workplace Inspections, accident investigations, Safety and Health awareness campaigns, workplace Safety and Health audit, e.t.c, as well as developing policies, regulations, guidelines, codes of practice and other instruments, with a view to preventing the occurrence of work related accidents, injuries, diseases/ill health, and deaths and enhancing occupational safety and health performance levels for higher productivity among the workforce. They also oversee the implementation of several other subsidiary legislations, which provide for the safety, health and welfare of workers in all workplaces nationwide. Some specific activities in line with OSH include:

  • Special Inspection of workplaces.
  • Investigation of accidents, dangerous occurrences and occupational diseases.
  • Prosecution of recalcitrant occupiers.
  • Preparation of safety and health regulations, code of practice, guidelines and standards for various operations, processes and hazardous agents.
  • Provision of occupational safety and health education to workers and employers.
  • Recording and dissemination of information and statistics on all aspects of occupational safety and health through the national Occupational Safety Health Information Centres.
  • Provision of technical assistance and advisory services to workplaces on HIV and AIDS interventions.

 

  1. The Office of the Registrar of Trade Unions

The Registrar of Trade Unions is a unit in the Trade Unions Services and Industrial Relations Department, the office of the Registrar of Trade Union (RTU) is a statutory office created by Section 45 of the Trade Union Act CAP T8 LFN 2004. The Registrar has the primary responsibility for the effective administration of the Trade Unions Act. Hence, the office of the registrar of Trade Unions has the following specific responsibilities:

  • Registration of trade unions.
  • Cancellation of certificate of registration of trade unions.
  • Supervision of trade unions account.
  • Issuance of guidelines and circulars to registered unions, highlighting observed shortcomings in their obligations under the provisions of the Trade Unions Act for effective administration of the registered bodies.
  • Promotion of workers educational programs through lectures at trade unions organized seminars, workshops, symposia and conferences.
  • Maintenance of records of registered offices, documents and particulars of registered unions.
  • Attendance to courts in respect of relevant Trade Union matters.
  • Collection of statutory fees as revenue for the government and paying same into the government coffers.

 

3.4   International Regulations

The following international regulations are also relevant to the project:

  1. International Labour Organization (ILO)

International Labour Organization has maintained and developed a system of international labour standards aimed at promoting opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and dignity. International labour standards are legal instruments drawn up by the ILO’s constituents (governments, employers and workers) and setting out basic principles and rights at work. The standards provide a comprehensive system of instruments on work and social policy, backed by a supervisory system designed to address all sorts of problems in their application at the national level of member-countries including Nigeria. Specifically, Nigeria is a signatory to the following agreements relevant to this project:

  • Freedom of Association and Protection of the Right to Organise, 1948 (No. 87)
  • Right to Organise and Collective Bargaining, 1949 (No. 98)
  • Discrimination (Employment and Occupation), 1958 (No. 111)
  • Equal Remuneration, 1951 (No. 100)
  • Child Labour, 1999 (No. 182)
  • Abolition of Forced Labour, 1957 (No. 105)
  • Occupational Safety and Health, 1981 (No. 155)

 

  1. Africa Regional Labour Administration Centre (ARLAC)

The African Regional Labour Administration Centre was jointly established by the ILO and UNDP in 1974 as a project for the development of labour administration issues, then referred to as public administration activities in the field of national labour policy in ratified member states including Nigeria. The following areas are covered:

  • Labour Administration
  • Labour Inspection
  • Occupational Safety and Health
  • Employment Issues
  • Training of Trainers
  • Social Dialogue

 

  1. Organization of African Trade Union Unity (OATUU)

OATUU, which Nigeria is a party to, performs its functions of coordinating trade union actions in Africa, defending the moral and material interest of African workers including migrant workers;  harmonizing labour legislation and the principles of collective bargaining; working for African unity and economic integration;  working for social and economic justice etc.

  1. Africa Union, Labour and Social Affairs Commission (AULSAC)

Addresses issues on:

  • Employment creation, with a particular focus on young people;
  • Social protection in the context of widening inequalities;
  • Inclusive social dialogue, anchored on International Labour Standards; and
  • Migration and mobility as they impact on employment creation

 

  1. Organization of Trade Union of West Africa (OTUWA)

Key Objectives of the OTUWA which Nigeria is part of, and relevant to this project include:

  • To work towards full, decent and freely chosen employment and the elimination of all forms of discrimination based on race, sex, nationality or creed
  • To fight for the improvement of working and living conditions including the extension and sustenance of social security coverage to everyone.
  • To promote greater gender equality

3.5 International Finance Institution requirements

In relation to this LMP, the most pertinent applicable requirement is The World Bank Environmental and Social Standard 2 (ESS 2): Labour and working conditions (The World Bank, 2017)

Other important requirements include:

  • Performance Standard 2: Labour and Working Conditions (International Finance Corporation, 2006)
  • Workers’ accommodation: processes and standards (European Bank for Reconstruction and Development and International Finance Corporation, 2009)
  • Universal Declaration of Human Rights (United Nations, 1948)
  • International Labour Organization Core Conventions
  • United Nations Human Rights Council: Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations

3.6   The World Bank Environmental and Social Standards: ESS 2

The World Bank ESS 2 recognizes the importance of employment creation and income generation in the pursuit of poverty reduction and inclusive economic growth. Borrowers can promote sound worker-management relationships and enhance the development benefits of a project by treating workers in the project fairly and providing safe and healthy working conditions. The objectives of the ESS 2 are as follows:

  • To promote safety and health at work.
  • To promote the fair treatment, non-discrimination and equal opportunity of project workers.
  • To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate.
  • To prevent the use of all forms of forced Labour and child Labour.
  • To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law.
  • To provide project workers with accessible means to raise workplace concerns.

The requirements of the ESS 2 on Occupational Health and Safety will be to carry out site-specific risk assessments (see annex 1 for sample) and develop appropriate risk prevention and mitigation measures. This will include the provision of appropriate personal protective equipment (PPE) and training to workers who are tasked to work on high risk tasks or areas and also informing them about the risks associated with the job. During risk assessment which will be conducted during screening process, possible hazards or risks related to the project activities will be identified, and mitigation measures will be included in the site-specific environmental and social management plans (ESMPs) and subsequently implemented and monitored as appropriate.

This Labour Management Procedure has been prepared in line with the World Bank ESS2 and National Labour Laws for all categories of workers. In addition, this has been integrated in the project Environmental and Social Management Framework (ESMF).

 

4.0   ASSESSMENT OF KEY POTENTIAL LABOUR Risks and  mitigation MEASURES

 

This section outlines the potential labour risks and impacts associated with the DISREP. The labour risks and impacts associated with the project are moderate due to the nature of activities which are expected to have limited impacts as they can largely be avoided, minimized or managed through procedures, including procedures set out in this LMP. The LMP will be reviewed during project implementation and adequate measures and procedures to manage negative impacts will be indicated as required.

4.1   Project Activities which could Pose Labour Risks

IPF 1: Data Aggregation Platform

  • Procurement of DAP
  • Transportation of equipment and infrastructure, project personnel
  • Installation of DAP in NERC
  • Workplace – working in project designated offices/spaces
  • Recording of data
  • Maintenance of DAP hardware and software
  • Handling and disposal of e-waste
  • Consultancy services

 

IPF 2: Procurement of Meters

  • Recruitment/Deployment of staff to work in the project
  • Workplace – project designated offices/spaces
  • Procurement of Meters
  • Transport of Meters from TCN to DISCO warehouses
  • Storage of meters in warehouses
  • Consultancy services

 

TA 1: DISREP implementation Support

  • Establishing a PMU in BPE
  • Recruitment/Deployment of staff to work in the project PMU at BPE
  • Set of office space for PMU with all facilities
  • Consultancy services

4.2   DISREP Labour Risk Analysis and Mitigation

Table 3 below presents the labour risks and impacts associated with the DISREP along with appropriate mitigation measures. This was also documented in line with information obtained from stakeholders during stakeholders meetings. This provided a basis for the subsequent labour management policies and procedures as presented in section 5.


Table 2: Labour Risk Identification and Analysis

Risk Category

Labour Risks

Impacts

Mitigation

Non-discrimination and equal opportunity

 

Unfair and unclear recruitment/employment and selection practices

 

Unfair and unclear deployment of government workers to work in the PMU (no contract, terms of reference, etc.)

 

Lack of competitive process of employment/ deployment

 

Payment of workers may be based on discrimination, e.g., male may be paid higher than women even on the same level of job schedule.

 

Foreign workers may be treated better than local workers in terms of living conditions, unequal pay, varying closing time, etc., even when they are on the same level of qualification and experience,

 

Favouritism for some and not for others

This could discriminate against women, vulnerable groups, ethnicity, religion, etc. 

 

Workers may become frustrated, lack focus or be redundant.

 

This could also attract the attention of NGOs and legal actions against the project.

 

Displeasure strive and conflicts amongst workers. Sabotage and under-performance by workers

 

Create bad reputation for the project and the organisations involved

The employment of project workers will be based on the principle of equal opportunity and fair treatment, and there will be no discrimination with respect to any aspects of the employment relationship, such as recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, or disciplinary practices.

 

Government workers to be deployed to the PMU should have official letters of deployment, stating designation and reporting obligations

 

Project implementing agencies (IAs) and organisations to safeguard the interests of vulnerable groups, women including gender parity at the workspace

 

The Environmental, Social, Health and Safety System (ESSHS) team of the respective IAs (BPE, TCN, NERC)and contractors to monitor mitigation measures

 

The IAs will track suppliers performance to inform whether labor management procedures and mitigation measures are being appropriately implemented and provide feedback on performance and any new areas of risk

Terms and Conditions of Employment

Project workers may not be provided with information and documentation that is clear and understandable regarding their terms and conditions of employment/ deployment

 

Lack of unified rules and regulations for all workers

 

Adequate facilities may not be provided

 

Exploitative wages: wages may not be commensurate with the level of work/services performed

 

Over-stretched working hours: undefined cut-off time, no break periods, denial of time for religious practices etc.

Speculations, wrong expectations, grievances, riots, refusal to work etc.

 

Workers may become frustrated, lack focus or be redundant

 

High staff turnover

Workers could be overlaboured, worker fatigue & stress

 

Legal action against the project

 

Abuse of power, abuse of personnel

 

Under-compensation

 

Unfair dismissal procedures

The project Implementing Agencies will ensure fairness of employment terms and conditions against the applicable and prevailing National stipulations and requirements set out in this LMP. They will also closely supervise contractors to ensure fairness of employment terms and conditions against the applicable and prevailing National stipulations and requirements set out in this LMP

 

All information and documentation must be provided at the beginning of the working relationship and when any material changes to the terms or conditions of employment occur

 

Government workers deployed to the PMU should have clearly defined terms of reference, terms and conditions of employment, entitlements amongst others

 

Project workers will be paid on a regular basis as required by national law and labour management with a principle of “equal pay for equal work”[1]

 

All project workers will abide by the national adopted hours of work,[2] which is eight hour, five days a week , be provided with adequate periods of one hour rest per day and one day per week[3], annual holiday and sick leave[4], as required by national law

Poor working conditions

Unsafe and unhealthy work environment

 

 

Poor work safety culture such as lack of provision of PPEs, absence of hazard analysis and HSE training

 

Inadequate work tools

 

Lack of provision of basic facilities – water, food, toilets, washing hand facilities, medical aid

 

Sub-standard worker facilities and workers management

Lead to injuries, incidents, accidents, Loss Time Injury

 

Workers could be overlaboured, grievances, high turnover, poor reputation for the project, worker fatigue & stress, LTIs

 

Increased accidents during project execution

 

Spread of diseases and illnesses amongst workers

 

Sub-optimal work

 

Attack/ Kidnap of workers, especially migrant workers

Implementing Agencies contractors, suppliers and all those involved in the project will conduct a risk and hazard analysis for the work under their control and ensure adequate mitigation measures are in place

 

Implementing Agencies , Contractors to ensure workers have appropriate working conditions, sanitation facilities separate for male and female, basic amenities, appropriate signages in place, provision of adequate PPEs, first aid boxes, appropriate work tools, work permit etc.

 

All project workers will be provided with adequate periods of rest per week, annual holiday and sick leave, as required by national law

 

 

Where required, liaise with security agencies to protect workers

 

 

 

Occupational Health and Safety

Poor ergonomics in the workplace

 

 

Exposure to toxic substances while handling e-waste

 

Accidents from movement of equipment and infrastructure and other project works

 

Road safety issues from transportation activities of goods from one location to another

 

 

 

Posture defects, stress, fatigue, lost time injury to:

 

Serious injury, accident, fatality, legal action against the project

 

Health challenges, poisoning, pollution of the environment

 

 

Implementing Agencies ,  contractors to raise awareness of such risks, communicate expectations regarding appropriate conduct

 

Arrangement of furniture, facilities and equipment should promote good ergonomics. Work tools should be provided to minimise manual labour as much as possible

 

Ensure provision of adequate PPEs, first aid tools and work tools or workers

 

OHS/HSE training for all category of workers periodically including office staff, field staff, contractors (see sample training plan in annex 3). This includes ESF training

Accident/incidents will be timely reported to the relevant Implementing Agencies and where there are fatalities should be reported to the World Bank within 48hrs or in accordance with the Environmental and Social Commitment Plan (ESCP). Following which correction, investigation and corrective action plan (CAP) should be developed and implemented site-specific waste management plans to be developed including handling and management of hazardous waste by the Implementing Agencies and contractors

 

Only skilled and licensed drivers will be used under DISREP with continual training. Implement proper procedures for transportation of hazardous materials like e-waste

 

Project organisations, contractors and other involved groups to operate an Environmental, Social, Health and Safety System (ESHSS) that is consistent with good international industry practice

 

The ESHSS/ HSE team to conduct risk assessment and develop emergency preparedness and response plans for various work types

 

Monitor compliance through the Health, Safety, Security and Environment (HSSE)/HSE/OHS team, or other departments based on the organization/group

Child Labour

Underage children (below the age of 18) can be used by contractors or primary suppliers or in other project related activities

 

 

High risk of accidents

Children could be exposed to dangerous situations causing injury, accidents and ill-health.

 

Deprive children of school attendance, which is against the law

 

Child abuse could ensue

The minimum age of eighteen (18) will be enforced at recruitment and continuously during project implementation. IAs will also supervise this through the monitoring activities of their ESHS/OHS/ESHSS team.

 

The IAs will track suppliers performance to inform whether labour management procedures and mitigation measures are being appropriately implemented and provide feedback on performance and any new areas of risk

Hired project workers above 18 shall conduct his/her activities in ways that are not detrimental with respect to education or be harmful to the child’s health or physical, mental, spiritual, moral or social development

Forced Labour

People could be coerced and threatened to work

 

Involuntary or compulsory Labour, such as indentured Labour, bonded Labour, or similar Labour-contracting arrangements.

 

 

Reprisals

 

Exposure to injury and harm

 

Abuse of human rights and poor working conditions

 

Legal action against the project

Attention of NGOs and bad reputation for the DISREP

IAs, Contractors, Suppliers will ensure that no forced Labour exists in the project by gathering documents and appropriate proof

 

A consent section will be part of the employee signed employment contract. Contractors and primary suppliers will ensure that if Labour is sourced from any sub-contracting agency, the workers are not subject to coercion and forced labour conditions

Sexual Harassment (SH), Sexual Exploitation and Abuse (SEA), Gender-Based Violence (GBV)

Workplace sexual harassment /sexual exploitation and abuse/gender based violence

 

 

 

Abuse of human rights

 

Injury and associated physical and mental health conditions

 

Unwanted pregnancy

 

Legal action against the project, attention of NGOs and bad reputation for the DISREP

All category of workers in DISREP to be made aware of zero tolerance to such issues

 

Contractors to sign code of conduct forms (sample provided in annex 2)

 

IAs, contractors to establish and inform workers of a reporting mechanism for such incidents including referral services

 

Implement any World Bank approved GBV action plan prepared for the project

Grievance Mechanism (GRM)

Lack of grievance redress channel for workers

Workers may be aggrieved due to unfair treatment, poor working conditions, conflicts, poor pay, overstretched working hours amongst other things

 

Reprisals, refusal to work

 

 

A GRM has been included in section 7 of this LMP  to address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and will operate in an independent and objective manner

 

The effectiveness of the system will be reviewed periodically or when there is any significant change in the project by the IAs, contractors etc.

Right of Association and Collective Bargaining

Workers may not have the right to freely form, join or not join a trade union for the promotion and protection of the economic interest of that worker

 

Workers may not be allowed the right to organize and collective bargaining, and representation

Underpayment

 

Poor working conditions leading to injury, accident, ill-health

 

Abuse of power by employers

 

Reprisals, legal action

IAs, contractors to ensure that all workers are informed of their right of association and collective bargaining according to ESS2

 

Workers will also be informed of the workers GRM and their right to utilize the system

 

Contractors Management

Contractors on the project may not be adequately managed or monitored

 

Non-compliance to provisions of this LMP and other national Labour requirements, especially by international migrant workers

 

 

Accidents/incidents, loss time injury

 

Unruly behaviour of contractors

 

Unfair treatment of workers, conflicts

 

Legal actions against the project, bad reputation for DISREP

 

 

 

 

Labour Management Plans will be prepared by the respective contractors as part of Contractor’s ESMPs based on the provisions of this LMP and the details of labour to be used in those contracts. These plans will be reviewed and cleared by the PMU, as appropriate.

 

Contractors to maintain records of:

ü  workers engaged under the Project, including contracts must be kept

ü  training attended by workers including CoC, HSE, STIs/STDs, GBV etc.

ü  accidents/ incidents and corresponding root cause analysis (lost time incidents, medical treatment cases), first aid cases, high potential near misses, and remedial and preventive activities required (Corrective Action Register)

ü  strike actions, reasons and resolution reached

ü  sanctions, punishments and terminations with reasons and follow-up actions taken

These records will be periodically reviewed by the ESSHS team of the respective IAs as required

Primary Suppliers

Primary suppliers could also be exposed to occupational risks

 

Workers mismanagement

Incident/accidents while performing project related functions

 

Workers could be treated unfairly

 

Primary suppliers should maintain records related to occupational injuries, illness and lost time accident, corrective action, conditions of work etc. 

 

The ESSHS team of IAs to review this periodically (monthly where applicable)

Discipline and Termination of Employment

Disciplinary process may not be fairly or equitably employed across board

 

Conditions for termination may be clearly outlined in the terms of employment

Grievances, reprisals etc.

 

Unfair dismissal from work

 

Abuse of power and human rights

 

Legal action against the project

 

Disciplinary process will be laid out before commencement of work and explained to every worker under the DISREP

 

Termination of appointment should abide by the following principles:

ü  Valid or reasonable;

ü  Clear and unambiguous;

ü  The employee is aware, or could reasonably be aware of the rule or standard; and 

ü  The procedure to be applied in the event the employee contravenes any of these rules

 

The ESSHS team of the IAs should periodically review workers disciplinary and termination processes to ensure that they are executed fairly and without prejudice. Where unfair treatment is established, correction and corrective action should be implemented and monitored


4.3   Labour Influx

This project may face an influx of non-local labour and working conditions issues as skilled workers might not be available in some contractors team. Therefore, the IAs  and contractors will take concrete measures to mitigate potential labour influx-related risks such as workers’ sexual relations with minors and resulting pregnancies, presence of sex workers, the spread of HIV/AIDS, sexual harassment, child labour and abuse, increased dropout rates from school, poor labour practice, and lack of road safety. These risks require careful consideration to improve social and environmental sustainability, resilience and social cohesion. Mitigation measures which must be monitored by the PMUs including establishing and enforcing a mandatory Code of Conduct for the contractors’ managers and workers.

 

4.4   Gender-Based Violence

Nigeria ranks 118 out of 134 countries on the Gender Equality Index.[5] Women’s disadvantaged position and lack of decision-making power in the social, economic and political spheres are reflected in policies, laws and resource allocation that thwart progress towards gender equality in the country. More than 70 percent of women live below the poverty line, and maternal mortality ratio is among the highest in the world at 576 per 100,000.[6] More than half of people living with HIV (3.2 million) are women (55 percent).[7] Girl enrolment in school lags behind boys, and represents one third to one quarter of classroom participants depending on the state; and two-thirds of the 10.5 million out-of-school children are girls.[8]

The wide diversity and distinct socio-economic, cultural and political contexts across Nigerian geopolitical regions and states result in different gender related vulnerabilities. While gender inequitable norms prevail throughout the country, these vary by region and interact with other structural, community and individual factors exposing women, girls and boys to some forms of GBV more than others. The socioeconomic status of women and girls in the Northern zones lags behind those in the South: only 3 percent of girls in the North complete secondary school, over two-thirds age 15-19 years are unable to read compared to less than 10 percent in the South, and 76 percent are married by age 18 in the northwest.[9]  Child marriage, acceptance of wife beating, restricted movement of women and girls are more pronounced in the North, and the prevalence of sexual violence, conflict related GBV and SEA is higher than in the South. In the South female genital mutilation, intimate partner violence, physical violence by any perpetrator, trafficking and harmful widowhood practices are more prevalent.

Manifestations of GBV

To understand if an act of violence is an act/manifestation of GBV, one must consider whether the act reflects and/or reinforces unequal power relations between males and females. Many—but not all—forms of GBV are criminal acts in Nigeria laws and policies:

  • Physical Violence (such as slapping, kicking, hitting or use of weapons);
  • Emotional abuse (such as systematic humiliation, controlling behaviour, degrading treatment, insults, and threats);
  • Sexual violence, which includes any form of non-consensual sexual contact, including rape;
  • Early/forced marriage, which is the marriage of an individual against her or his will often occurring before the age of 18, also referred to as child marriage;
  • Economic abuse and the denial of resources, services, and opportunities (such as restricting access to financial, health, educational, or other resources with the purpose of controlling or subjugating a person);
  • Trafficking and abduction for exploitation.

The project is expected to comply with the provisions regarding SEA/SH/GBV in the DISREP ESMF, and any World Bank approved GBV action plans that will be developed for DISREP.

 

4.5   Potential Exposure to Toxicity of E-Waste

The use, maintenance and disuse of electronics could expose workers, storage personnel and waste managers to certain of chemicals and heavy metals such as lead, mercury, cadmium, brominated flame-retardants etc. The PMUs will be expected to liaise with appropriate professionals and authorities of handling and disposal of such items. In addition, e-waste management plan will be developed as part of the site specific ESMPs. Additional measures have been outlined in the ESMF.

 

 

 

 

 

 

 

 

 

 

5.0 POLICIES AND PROCEDURES FOR LABOUR MANAGEMENT

 

5.1   Policies

Management of labour under DISREP will be governed by the provisions of the World Bank ESS2: Labour and Working Conditions, International Labour Organisation (ILO), ISO 45001 standards, Labour Act and other regulations as outlined in section 3 of this plan.

The guiding policies for DISREP include:

  1. There shall be non-discrimination and equal opportunity provided for all workers.
  2. The terms and conditions of employment shall be outlined in clear and understandable terms, ensure fairness of employment terms and conditions against the applicable and prevailing National stipulations for all workers.
  • All Government workers deployed to work on the project shall be given official letters of deployment by their parent ministries.
  1. Employers shall provide safe and healthy working conditions for workers, void of worker exploitation, and shall ensure provision of standard facilities.
  2. Employees shall conduct job hazard and risk assessment and implement actions to address such risks.
  3. Employers shall provide adequate work tools and personnel protective equipment to all workers.
  • Timely and adequate training on OHS/HSE shall be provided to all workers.
  • There shall be no use of child labour or forced labour.
  1. Workplaces shall be free of Sexual Harassment (SH), Sexual Exploitation and Abuse (SEA), Gender-Based Violence (GBV).
  2. Grievance redress mechanism for workers shall be instituted at all levels of engagement in consultation with the affected worker category.
  3. Workers shall have their right of association and collective bargaining.
  • There shall be proper documentation of contractors/suppliers management in line with OHS requirements.
  • Termination of appointment shall be valid or reasonable, clear and unambiguous, without prejudice and employee must be aware of the reason.
  • There shall be continuous consultation with workers on the effectiveness and improvement of the labour management procedures.

 

 

 

 

5.2   Procedures

  1. Non-discrimination and equal opportunity

Employment of project workers will be based on the principles of non-discrimination and equal opportunity. There will be no discrimination with respect to any aspects of the employment relationship, including recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. The following measures will be followed by the Implementing Agencies and contractors and monitored by the respective ESSHS/HSE teams:

  • Recruitment procedures will be transparent, public and non-discriminatory, and open with respect to ethnicity, religion, sexuality, disability or gender;
  • Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post;
  • All workers will have written contracts describing the terms and conditions of work and will have the contents explained to them. Workers will sign the employment contract;
  • Depending on the origin of the employer and employee, employment terms and conditions will be communicated in a language that is understandable to both parties;
  • In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulty understanding the documentation.
  • Government workers deployed to work in PMU will be given official deployment letters from their parent ministries which will state the designation at the PMU, reporting obligations, commencement date and end date (where possible), entitlements amongst others.

 

  1. Age of Employment
  • DISREP will only engage individuals at minimum age of eighteen (18) and this will be enforced at recruitment and monitored by the IAs, suppliers and contractors.
  • Contractors will verify the identity and age of all workers. This will require workers to provide official documentation, which could include a birth certificate, national identification card, passport, or medical or school record.
  • Hired project workers above 18 will conduct their activities in ways that are not detrimental with respect to education or be harmful to the child’s health or physical, mental, spiritual, moral or social development.
  • If a child under the minimum age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, considering the best interest of the child.

 

  • Terms and Conditions of Employment
  • All workers will be provided with clearly defined terms and conditions of employment
  • Terms and conditions of direct workers will be determined by their individual contracts and public service rules (for government staff) and are guided by terms and conditions stipulated in the Public service rules (2008 edition).
  • Consultants will apply the terms and conditions stipulated in their contract of engagement.
  • The conditions of employment will set out workers’ rights under national labour and employment law (which will include any applicable collective agreements), including job title, supervisor, their rights related to hours of work, wages, overtime, compensation and benefits, contract duration, disciplinary procedures, rules & regulations, procedure for termination of appointment, as well as those arising from the requirements of this LMP. This information and documentation will be provided at the beginning of the working relationship and when any material changes to the terms or conditions of employment occur
  • Oral communication and explanation of working conditions and terms of employment will be provided where project workers do not read or have difficulties understanding the documentation.
  • Project workers will be paid on a regular basis as required by national law and in the conditions of employment. Deductions from payment of wages will only be made as allowed by national law or the labour management procedures, and project workers will be informed of the conditions under which such deductions will be made

 

  1. Working conditions
  • Project workers will be provided with facilities appropriate to the circumstances of their work, including access to canteens, hygiene facilities, and appropriate areas for rest.
  • Where workers camps are provided to project workers, policies will be put in place and implemented on the management and quality of accommodation to protect and promote the health, safety, and well-being of the project workers, and to provide access to or provision of services that accommodate their physical, social and cultural needs in line with the DISREP ESMF.
  • Employees and contractors will ensure accessibility of facilities, resources and information communication for project workers with disabilities including the provision of wheelchair ramps or elevators, or alternative formats of communication, such as large print, Braille, accessible digital formats or audio tape.
  • Provide protection and assistance for pregnant women against prejudice, physical harm, unfair dismissal and allow for adequate maternity leave in line with applicable laws.
  • Ensure workplace ergonomics including:
  • adequate lighting to avoid eyestrain including protective screens on computers
  • position computer workstation at a parallel position to the eyes
  • use of supportive chairs for good lumbar support
  • good housekeeping practices
  • proper layout of electrical wires and appliances
  • fire extinguishers

 

 

  1. Occupational Health and Safety

Employees and contractors will implement the following procedures:

  • Conduct hazard and risk assessment for all job types/activities.
  • Provide preventive and protective measures for such risks, including modification, substitution, or elimination of hazardous conditions or substances.
  • Provide adequate work tools, first aid boxes, appropriate personnel protective equipment (PPEs) and implement job controls such as work permits and standard operating procedures (SOPs).
  • Provide HSE/OHS training for workers and maintain records of such training.
  • Ensure the inclusion of Occupational health issues in contract documents to make them obligatory/mandatory.
  • Document and report occupational accidents, diseases and incidents to the relevant authority in line with the project structure, implement correction, investigate the root cause, develop and implement corrective action plan (CAP). Fatalities should be reported to BPE/TCN/NERC, and to the World Bank within 48 hours or as soon as root cause investigation has been carried out and draft CAP prepared.
  • Prepare emergency prevention and preparedness and response plan, assign responsibilities, train responsible parties, test and improve on such plans.
  • Establish Environmental, Social, Health and Safety System (ESHSS) and ensure training for associated workers in line with the required national labour requirements, World Bank ESS2 requirements and procedures set out in this LMP.
  • It is recommended to include women representative on OHS team to help design policies and practices responding to the needs of female project workers.
  • Provide mechanism for consultation and participation of workers in OHS matters and implementation of OHS measures.
  • Provide workers in high noise areas with earplugs or earmuffs.
  • Project workers have the right to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health

 

  1. Forced Labour
  • Employees and contractors will not make use of any work or service which is exacted from an individual under threat of force, penalty, coercion, abduction, fraud, deception. DISREP will not entertain any kind of involuntary or compulsory labour, such as indentured labour, bonded labour, or similar labour-contracting arrangements. No trafficked persons will be employed in connection with the project.
  • Workers will be allowed free and informed consent of the type of job they are ben engaged to perform.
  • Where forced labour is discovered in the project’s workforce, prompt action will be taken to address the practice that has coerced the worker, and reported to the BPE, TCN, NERC as appropriate to be addressed in accordance with national law.

 

  • Sexual Harassment (SH), Sexual Exploitation and Abuse (SEA), Gender-Based Violence (GBV)
  • All category of workers in DISREP will be made aware of zero tolerance in matters relating to SEA/SH/GBV.
  • All contractors will sign code of conduct forms as provided in annex 2.
  • IAs, contractors will establish and inform workers of a reporting mechanism for such incidents including referral services.
  • Implement any World Bank approved GBV action plan prepared for the project, including management of suppliers.

 

  • Grievance Mechanism (GRM)

A grievance mechanism will be provided for all category of workers (and, where relevant, their organizations) to raise workplace concerns. Such workers will be informed of the grievance mechanism at the time of recruitment and the measures put in place to protect them against reprisal for its use.

Measures will be put in place to make the grievance mechanism easily accessible to all such project workers. The GRM will be in line with the procedures set out in section 7 of this LMP.

 

  1. Right of Association and Collective Bargaining
  • Workers will be allowed rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference.
  • Employees will also provide the information needed for meaningful negotiation in a timely manner.
  • Employees will not discriminate or retaliate against project workers who participate, or seek to participate, in such workers’ organizations and collective bargaining.

 

  1. Contractors Management
  • The Implementing Agencies (IAs) will ensure that contracted workers (contractors, subcontractors, brokers, agents or intermediaries) are legitimate and reliable entities.
  • Have documentation of their business licenses, registrations, permits and approvals.
  • Should have safety and health personnel, review their qualifications and certifications.
  • Records of safety and health violations, and responses, accident and fatality records and notifications to authorities.
  • Records of legally required worker benefits and proof of workers’ enrolment in relevant programs, worker payroll records, including hours worked and pay received.
  • Contractors to prepare Labour Management Plans as part of their ESMPs based on the provisions of this LMP and the details of labour to be used in those contracts. These plans will be reviewed and cleared by the PMU, as appropriate.
  • Contracted workers will have access to a grievance mechanism as provided in section 7 of this LMP.

 

  1. Primary Suppliers
  • The IAs will review industry labour issues relating to the supply of goods and materials that will be required under DISREP and the risks, and implement actions to mitigate such risks.
  • The IAs will also track suppliers’ performance to help inform whether procedures and mitigation measures are being appropriately implemented and provide feedback on performance and any new areas of risk.
  • Specific requirements on child labour, forced labour and work safety issues will be included in all purchasing orders and contracts with suppliers.
  • Where there is a significant risk of child labour, forced labour, serious safety issues related to primary supply workers, the PMU will require the relevant primary supplier to introduce procedures and mitigation measures to address such issues. Such procedures and mitigation measures will be reviewed periodically to ascertain their effectiveness.

 

  • Discipline and Termination of Employment

Project workers will receive written notice of termination of employment and details of severance payments in a timely manner: one month for skilled labour, one week for unskilled labour. However, in cases of gross misconduct, termination can be immediate but must be accompanied with proper incident report, fair, without prejudice and ensure adequate documentation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.0   ROLES AND RESPONSIBILITIES FOR MANAGING THE LMP

6.1   Introduction

The Implementing Agencies (IAs) have the overall responsibility to oversee all aspects of the implementation of this LMP including contractor’s compliance. The IAs will address all LMP aspects as part of procurement for works/services as well as during contractor induction/training. This role will primarily be part of the responsibilities of the Environmental, Health and Safety teams/departments of the various IAs, however, they will be required to liaise their management on the fulfilment of such duties.

Contractors will be responsible for the implementation of the plan on a daily basis and providing the required human, financial and training resources for effective compliance. 

Specific roles are outlined below in table 4 below

6.2   Roles and Responsibilities Matrix

Table 3: Roles and Responsibility Matrix

Institution

Roles

Responsibilities

Nigerian Electricity and Regulatory Commission (NERC)

Health, Safety and Environment Unit

ü  Regulation of OHS/HSE guidelines for the sector

ü  Provide workers with safety materials as well as training on safety procedures

ü  Implement mitigation measures and procedures outlined in this LMP

ü  Safety compliance checks and monitoring

ü  Ensure the organisation provides good working conditions

ü  Keep OHS records

Bureau of Public Procurement (BPE)

BPE DISREP PMU Health & Social and Safety Officers

ü  Implement mitigation measures and procedures outlined in this LMP

ü  Provide workers with safety materials as well as training on safety procedures

ü  Ensure the organisation provides good working conditions

ü  Keep OHS records

Transmission Company of Nigeria (TCN)

Health, Social and Safety Officers of the PMU in collaboration with the Health Safety and Environment Department (HSE)

ü  Provide workers with safety materials as well as training on safety procedures

ü  Provide health and safety awareness for workers and stakeholders

ü  Implementation of mitigation measures and procedures outlined in this LMP

ü  Review of OHS/HSE documentation of contractors/suppliers

ü  Safety compliance checks and monitoring of contractors/suppliers

ü  Obligatory reporting on OHS compliance and fatalities to the World Bank

ü  Keep OHS records

Contractors

ESHS/HSE Officers

ü  Provide workers with safety materials as well as training on safety procedures

ü  Implement mitigation measures and procedures outlined in this LMP

ü  Keep OHS records

Trade Unions: Workers associations

As defined in the MOU or agreement

ü  Manage workers welfare

ü  Promote workers health and safety

ü  Provide a fair system of grievance redressal

Federal Ministry of Labour and Employment

Relevant Departments

ü  Overall responsibility for enforcing labour laws

 

 

6.3   Capacity Assessment for Implementing the LMP

This section outlines the capacity assessment and strengthening actions to ensure effective implementation of this LMP.

Table 4: Capacity Assessment for Implementing the LMP

Aspect

Capacity Assessment

Strengthening Actions

Policies

There are robust policies governing workers management, safety and wellbeing, however, provisions for freedom of association, grievance redress mechanism, gender-based violence, forced labour etc. especially for casual workers is not adequate

The LMP has provided a set of straightforward mitigation measures to be adopted for DISREP in addition to applicable laws.

 

The provisions of this LMP should be disseminated for adoption to all institutions/workers groups under DISREP.

 

This should also be included in procurement contracts/ other contracts

Procedures

Various OHS/HSE procedures exist in the various organisations under this project, however, not all conform to the minimum requirements of World Bank ESS2 including procedures for grievance redress mechanism, gender-based violence, workers consultation & participation, etc.

 

Most contractors do not have defined procedures for managing labour and working conditions

Procedures have been outlined in this LMP which will guide the implementation of mitigation measures for risks associated with labour and working conditions under DISREP.

 

Adequate sensitization on these procedures should be carried out at every level of implementation of the project, and especially prior to the implementation of project/works

Roles

All the organisations have some form of HSE team/department, however, some of them do not encompass social issues. There may also be limited capacity to implement provisions of ESS2 and thus this LMP.

 

Some contractors do not engage HSES officers, and/or not on a full-time basis

Enhance the capacity of the HSE teams in terms of staffing and staff qualifications, and also coverage of social issues such as SEA/SH/GBV, vulnerable persons etc.

 

Contracts should entail the employment of HSES officers

Responsibilities

The staff of the various institutions have a good understanding of their responsibilities in implementing and monitoring matters relating to labour and working conditions.

 

There is some level of limited capacity in handling emerging themes like SEA/SH/GBV, grievance redress mechanism.

Implement capacity building programs to strengthen ESHSS responsibilities, especially with respect to ESS2 and the provisions of this LMP.

 

An effective system of monitoring and reporting on matters relating to labour and working conditions will also need to be emphasized.

 

 

 

 

 

 

 

 

 

 

 

 

 

7.0   Grievance Redress Mechanism for Workers

7.1   Introduction

This procedure requires every employer, including contractors, to have a formal grievance procedure which should be known and explained to the employee. The PMU staff and consultants will be informed of the applicable grievance procedure to adopt in their contracts or terms of employment. All the contractors who will be engaged for the project will be required to produce their grievance procedure in line with the GRM provided in this LMP as a requirement for tender.

All grievance mechanisms should which at a minimum comply with these requirements:

  • Who the employee should report to;
  • Time frame for addressing grievances at each level should be specified;
  • Opportunity to report to a higher-level authority if grievance is not resolved at within the stipulated time;
  • Right to seek judicial redress

 

The grievance process should be guided by the following principles:

  • Transparency
  • Confidentiality
  • Accessibility
  • Non-retribution
  • Non-vindictive
  • Right to representation
  • Proper documentation

 

The GRM for workers is not the same as the project-wide GRM defined in the DISREP ESMF. The former sets out specific procedures for workers management (labour and working conditions), while the latter sets out procedures for reporting issues related to the implementation of the project.

7.2   Establish a GRM

A Grievance Redress Mechanism (GRM) will be implemented to ensure that all complaints from workers are dealt with appropriately, with corrective actions implemented, and the complainant informed of the outcome.

DISREP recognises that various categories of workers may be deployed to work on the project and as such a uniform grievance process will be beneficial. This is described in line with the required grievance redress committees (GRC) in table 6 below. This procedure will guide the preparation of site specific GRM to be prepared as part of the Environmental and Social Management Plans (ESMPs).

Table 6: Grievance Redress Procedures for PMU Workers

First Level GRM

The GRC will be formed at the project level and be easily accessible to project workers. Comprise of Social safeguard officer, project coordinator, environmental safeguards officer and any other officer as adjudged necessary. The complainant shall make official compliant to the GRC through the social safeguard officer. Complaints shall be duly received, registered and reviewed by the committee. If the complainant does not accept the solution offered by the first level GRC, then the complaint is referred to the 2nd level GRC.

Second Level of GRM: GRC at the institutional level

The GRC will be at the institutional level. This committee shall comprise of members from the parent institutions/ ministry in line with the grievance channel established by the organisation. Complaints shall be duly received, registered and reviewed by the committee. If the complainant does not accept the solution offered by the first level GRC, then the complaint is referred to the 3rd level GRC.

Third Level of GRM: GRC at the level of regulators

Where workers grievances remain unresolved, complainants can channel this to the regulators including NERC/NEMSA.

Court Redress of Grievances

While the purpose of GRM put in place for workers is to resolve all issues of labour and working conditions under DISREP out of court and to save time which is usually involved in litigation matters, it is not out of place to anticipate a scenario where aggrieved person is not satisfied with the process and judgment given by the grievance redress committee(s). Therefore, the project shall inform aggrieved persons of their right to seek for redress in the court of law as the final resort.

Please note that this is a generic procedure, and the PMU may need to adapt their GRM to ensure that while they adopt the requirements of the World Bank ESS2, they do not contravene with national laws.

 

7.3   Roles of the GRCs

The Grievance Redress Committees will be responsible for:

  • Communicating with the affected worker and evaluate if they are entitled to recompense;
  • Making the established grievance redress procedure public
  • Escalating unresolved matters to the next level GRC
  • Maintain proper documentation of complaints, proceedings and resolutions

7.4   Expectation When Grievances Arise

When workers present a grievance, any of the followings is or are expected from the project management/channel of grievance resolution:

  • acknowledgement of their problem;
  • an honest response to questions/issues brought forward;
  • an apology, adequate compensation; and
  • Modification of the conduct that caused the grievance and some other fair remedies.

7.5   Typical Grievance Redress Process

The process of grievance redress will start with registration of the grievance(s) to be addressed, for reference purposes and to enable progress updates of the cases. Thus, the aggrieved worker will file a complaint/ complete a grievance form with the Grievance Redress Committee.

The complaint should contain a record of the person responsible for an individual complaint, and records dates for the date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if appropriate), the date the complaint was closed out and the date response was sent to complainant.

The officer receiving the complaint (part of the GRC member) will ensure that each complaint has an individual reference number and is appropriately tracked, and recorded actions are completed. The response time will depend on the issue to be addressed but it should be addressed with efficiency. The Grievance Committee will act on it within 10 working days of receipt of grievances. If no amicable solution is reached, or the affected person does not receive a response within 15 working days, the affected person can appeal to the SPIU, which should act on the grievance within 15 working days of its filing. These timelines are further illustrated in table 8 below:

Table 5: Typical Steps in a Grievance Redress Process

Steps

Process

Description

Completion Time frame

Responsible Agency/Person

1

Receipt of complaint

Document date of receipt, name of complainant, village, nature of complaint, inform the SPIU

1 day

Grievance redress officer

2

Acknowledgement of grievance

By letter, email, phone

1-2 days

Grievance redress officer

3

Screen and establish the merit of the grievance

Visit the site; listen to the complainant/community;

assess the merit

5-10 days

GRC & the aggrieved worker or his/her representative

4

Implement and monitor a redress action

Where complaint is justified, carry out agreed actions

14 days or at a time specified in writing to the aggrieved worker

Contractor

5

Extra intervention for a dissatisfied complainant

Review the redress steps and conclusions, provide intervention solution

10 days of receiving status report

2nd/3rd/4th level GRCs

6

Judicial adjudication

Take complaint to court of law

 No fixed time

Complainant

7

Funding of grievance process

 GRC logistics and training, redress compensation, court process

No fixed time

The proponent

*All complaints including anonymous ones must be attended to and resolved

 

Figure 2: Flowchart for Grievance Redress Mechanism

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.6   How to Register a complaint

There shall be a variety of channels to submit complaints:

  1. a) The complaints are submitted to the GRC member to whom they have easy access.
  2. b) The complainants can put their grievances into the complaints boxes which will be checked every two days by the grievance redress officer.
  3. c) The GRC will acknowledge the receipt of complaints.
  4. d) Received complaints should be registered in a grievance logbook.
  5. e) GRC will inform complainant about the timeframe in which a response can be expected.
  6. f) GRC will Investigate the grievance, consult with the aggrieved worker and resolve the issue.

 

7.7   Role of Trade Unions in GRM

Where a trade union is recognized, it is entitled to negotiate on a regular basis with the employer over terms and conditions existing at the workplace and the employer is obliged to negotiate with it. The procedures followed in such instances is usually contained in the Recognition Agreement, which state how the issues are raised, the procedure for negotiations, the composition of the parties involved in the negotiation and the procedure to deal issues that are not resolved through consensus.

If the dispute is not resolved at the workplace, the parties to the dispute can utilize the dispute resolutions mechanisms provided for in this LMP.

 

 

 

 

 

 

 

 

 

 

REFERENCES

 

Environmental and Social Management Framework (ESMF) for the Distribution Recovery Program (DISREP),2020

European Bank for Reconstruction and Development and International Finance Corporation. (2009). Workers’ accommodation: processes and standards.

Factories Act, 1990, Nigeria

Factories Act, Cap F1, LFN 2004, Nigeria

International Finance Corporation. (2006). Performance Standard 2: Labour and Working Conditions. International Labour Organization. (1998). ILO Declaration on Fundamental Principles and Rights at Work. Secretariat for the Voluntary Principles on Security and Human Rights. (2000). Voluntary Principles on Security and Human Rights.

Labour Act, Chapter 198, Laws of the Federation of Nigeria (LFN) 2004

National Policy on Occupational Safety and Health, revised 2020

Nigerian Electricity Health and Safety Standards Manual

Ruggie, John. (2008). Protect, Respect and Remedy: a Framework for Business and Human Rights.

United Nations. (1948). Universal Declaration of Human Rights.

Worker’s Compensation Act (2010), Nigeria

 

 

 

 

 

 

 

ANNEX 1: SAMPLE OF A RISK ASSESSMENT TOOL

 

 

 

 

What are the hazards?

 

Who may be harmed and how?

What are you already

doing?

What further action

is necessary?

How will you put

The assessment into action?

 

Spot hazards by:

 

   Walking around the workplace;

Asking workers what they think;

Checking safety instructions;

Contacting your supervisors 

 

Don’t forget long-term hazards  

Identify groups of people. Remember:

   Some workers have needs;

   People who may not be in the workplace all the time;

   If you share your workplace think about how your work affects others;

 

List what is already in place to reduce the likelihood of harm or make any harm less serious

You need to make sure that you have reduced risks “so far as is reasonably practicable”. An easy way of doing this is to compare what you are already doing with best practice. If there is a difference, list what needs to be done

Remember to prioritize. Deal with those hazards that are high-risk and have serious consequences first.

 

Action by

whom

Action by

when

Done

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Review your assessment to make sure you are still improving, or at least not sliding back

 

If there is a significant change in your worksite, remember to check your risk assessment and where necessary, amend it

 

 

Review Date:

 

Assessment completed by:

 

Signature:

ANNEX 2: SAMPLE OF A CONTRACTORS CODE OF CONDUCT

 

1.0. AIM OF THE CODE OF CONDUCT

The main aim of the Code of Conduct is to prevent and/or mitigate the social risks within the context of rehabilitation and expansion of schools. The Codes of Conduct are to be adopted by contractors. The social risks that may arise include but not limited to Gender-Based Violence (GBV), Violence Against Children (VAC), HIV and AIDS infection/spread, and occupational health and safety.

2.0 KEY DEFINITIONS

The following definitions apply:

Gender-Based Violence (GBV)

This is defined as any conduct, comment, gesture, or contact perpetrated by an individual (the perpetrator) on the work site or in its surroundings, or in any place that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to another individual (the survivor) without his/her consent, including threats of such acts, coercion, or arbitrary deprivations of liberty.

 

Violence Against Children (VAC)

This may be defined as physical, sexual or psychological harm of minor children (i.e. under the age of 18), including using for profit, labour, sexual gratification, or some other personal or financial advantage. This also includes other activities such as using computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any mediums.

 

Child Labour

This involves employment of underage. Any person under the age of 18 should not be employed in the project sites.

 

Child Protection (CP)

An activity or initiative designed to protect children from any form of harm, particularly arising from VAC, and child labour.

 

Child

The word is used interchangeably with the term ‘minor’ and, in accordance with the United Nations Glossary on Sexual Exploitation and Abuse, refers to a person under the age of 18.

 

Grooming

This is defined as behaviours that make it easier for a perpetrator to procure a child for sexual activity. For example, an offender might build a relationship of trust with the child, and then seek to sexualise that relationship (for instance by encouraging romantic feelings or exposing the child to sexual concepts through pornography).

Online Grooming

This is the act of sending an electronic message with indecent content to a recipient who the sender believes to be a minor, with the intention of procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily the sender.

 

Survivor/Survivors

This is defined as the person(s) adversely affected by GBV, VAC, and child labour. Women, men and children can be survivors of GBV, VAC, and child labour.

 

Perpetrator

This is defined as the person(s) who commit(s) or threaten(s) to commit an act or acts of GBV, VAC, and child labour.

 

Work site

This is defined as the area in which infrastructure development works are being conducted, as part of interventions planned under the project, funded by the World Bank.

 

Work site surroundings

These are defined as the ‘Project Area of Influence’ which is any area, urban or rural, directly affected by the project, or located within the distance of three kilometres’ radius from the work site and/or worker’s camps, including all human settlements found on it.

 

Consent

This word is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance, or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. Any use of a threat to withhold a benefit, or of a promise to provide a benefit, or actual provision of that benefit (monetary and non-monetary), aimed at obtaining an individual’s agreement to do something, constitutes an abuse of power; any agreement obtained in presence of an abuse of power shall be considered non-consensual. In accordance with the United Nations, the World Bank considers that consent cannot be given by children under the age of 18, even in the event that national legislation of the country into which the code of conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defence.

 

Contractor

This is defined as any firm, company, organisation or other institution that has been awarded a contract to conduct infrastructure development works in the context of the project and has hired managers and/or employees to conduct this work.

 

Manager

The word is used interchangeably with the term ‘supervisor’ and is defined as any individual offering labour to the contractor, on or off the work site, under a formal employment contract and in exchange for a salary, with responsibility to control or direct the activities of a contractor’s team, unit, division or similar, and to supervise and manage a pre-defined number of employees.

 

Employee

This is defined as any individual offering labour to the contractor on or off the work site, under a formal or informal employment contract or arrangement, typically but not necessarily in exchange for a salary (e.g. including unpaid interns and volunteers), with no responsibility to manage or supervise other employees.

 

Workers Committee

A team established by the Contractor to address GBV, VAC, child labour and other relevant issues with the work force.

 

3.0 CODES OF CONDUCT

This chapter presents three Codes of Conduct (CoC) for use:

  1. Contractors Code of Conduct: Commits the contractor to addressing GBV and VAC issues;
  2. Manager’s Code of Conduct: Commits managers to implementing the Company Code of Conduct, as well as those signed by individuals; and,
  3. Individual Code of Conduct: Code of Conduct for each individual working on project funded projects

3.1 Contractors Code of Conduct

Contractors are obliged to create and maintain an environment which prevents social risks. They have the responsibility to communicate clearly to all those engaged on the project the behaviours which guard against any form of abuse and exploitation.  In order to prevent Social risks, the following core principles and minimum standards of behaviour will apply to all employees without exception:

 

GBV or VAC constitutes acts of gross misconduct and are therefore grounds for sanctions, penalties and/or termination of employment and/or contract. All forms of Social risks including grooming are unacceptable be it on the work site, the work site surroundings, or at worker’s camps of those who commit GBV or VAC will be pursued.

Treat women, children (persons under the age of 18) and people with disability with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic, cultural beliefs/practices, or other status.

Do not use language or behaviour towards men, women or children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate.

Sexual activity with children/learners under 18 (including through digital media) is prohibited. Mistaken belief regarding the age of a child and consent from the child is not a defence.

Exchange of money, employment, goods, or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour is prohibited.

Sexual interactions between contractor’s employees and communities surrounding the work place that are not agreed to with full consent by all parties involved in the sexual act are prohibited (see definition of consent above).  This includes relationships involving the withholding, promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex.

Where an employee develops concerns or suspicions regarding acts of GBV or VAC by a fellow worker, whether in the same contracting firm or not, he or she must report such concerns in accordance with established Grievance Redress Mechanism (GRM) that protects the identities of victims and whistle-blowers.

All contractors are required to attend an induction prior to commencing work on site to ensure they are familiar with the social risks and Codes of Conduct.

All employees must attend a mandatory training once a month for the duration of the contract starting from the first induction prior to commencement of work to reinforce the understanding of the institutional social risks and Code of Conduct.

The Contractor shall ensure provision of financial resources and support compliance to occupation health and safety requirements for all workers.

  1. The Contractor shall ensure that workers dress appropriately i.e. dress in a way that: –
  • Is unlikely to be viewed as offensive, revealing, or sexually provocative.
  • Does not distract, cause embarrassment or give rise to misunderstanding
  • Is absent of any political or otherwise contentious slogans
  • Is not considered to be discriminatory and is culturally sensitive

The Company shall ensure provision of financial resources and trainings to prevent spread of HIV and AIDS.

The company shall comply with all the applicable international and national legislation including giving terminal benefits to workers who have served for at least three months;

All contractors must ensure that their employees sign an individual Code of Conduct confirming their agreement to support prevention of social risks activities.

The contractor should ensure equitable access to limited natural resources (e.g. water points) to avoid conflicts with local communities

Where possible, the contractor should ensure employment of local workforces especially where unskilled labour is required to mitigate social risks

 

I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities. I understand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in termination of the contract.

FOR THE CONTRACTOR

Signed by:    ___________________________________________________________

Signature:   ___________________________________________________________

Title:   ___________________________________________________________

Date:  ___________________________________________________________

3.2 Code of Conduct for Construction Site Supervisor/Managers Code of Conduct

Site Supervisors at all levels play an important role in creating and maintaining an environment, which prevents workers misconduct. They need to support and promote the implementation of the Contractors Codes of Conduct and enforce Workers Codes of Conduct. Construction site supervisor must adhere to this Code of Conduct. This commits them to develop and support systems, which maintain a safe working environment. Construction Site Supervisor responsibilities include but are not limited to:

 

  1. Where possible, ensure employment of local workforces especially where unskilled labour is required to mitigate social risks;
  2. Ensure there is zero tolerance to child labour practices;
  3. Promote gender inclusion at all levels;
  4. Establish a workers’ committee to oversee issues of workers’ misconduct including GBV and VAC;
  5. Ensure compliance to occupation health and safety requirements for all workers;
  6. Ensure that workers dress code is adhered to appropriately;
  7. Ensure that access to construction sites is restricted to authorized persons; hoarding is provided and that there is proper signage to construction site(s);
  8. Facilitate workers training and capacity building on social, environmental and health and safety;
  9. Ensure that all workers are sensitized on HIV and AIDS issues, provided with condoms and HTC services;
  10. Ensure that fundamental workers’ rights (e.g. working hours, minimum wages, etc) are protected;
  11. Ensure that possession of alcohol and illegal drugs and other controlled substances in the workplace and being under influence of these substances on the job and during workings hours should be strictly prohibited;
  12. Ensure compliance to all legal requirements;
  13. Supervisors failing to comply with such provision can be in turn subject to disciplinary measures including termination of employment; and
  14. Ultimately, failure to effectively respond to some provisions of the code of conduct may provide grounds for legal actions by authorities.
  15. Ensure that every employee under his/her supervision has been oriented on the Code of Conduct and has signed.

 

I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to comply to all rules of this code of conduct. I understand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in disciplinary action.

 

Signed by:    _________________________________________________________

Signature: _________________________________________________________

Date: _________________________________________________________ 

FOR THE EMPLOYER

 

Signed by:    _________________________________________________________

Signature: _________________________________________________________

Date: _________________________________________________________ 

 

 

3.3 Workers Code of Conduct

I, _______________________________________________, acknowledge that preventing any misconduct as stipulated in this code of conduct, including gender based violence (GBV), child abuse/exploitation (CAE) are important. Any activity, which constitute acts of gross misconduct are therefore grounds for sanctions, penalties or even termination of employment. All forms of misconduct are unacceptable be it on the work site, the work site surroundings, or at worker’s camps. Prosecution of those who commit any such misconduct will be pursued as appropriate.

 

I agree that while working on this project, I will:

 

  1. Consent to security background check;
  2. Treat women, children (persons under the age of 18) and persons with disability with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic or social origin, property, birth or other status;
  3. Not use language or behaviour towards men, women or children/learners that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate;
  4. Not participate in sexual activity with children/learners—including grooming or through digital media. Mistaken belief regarding the age of a child and consent from the child is not a defence;
  5. Not exchange money, employment, goods, or services for sex, with community members including sexual favours or other forms of humiliating, degrading or exploitative behaviour;
  6. Not have sexual interactions with members of the communities surrounding the work place, worker’s camps and fellow workers that are not agreed to with full consent by all parties involved in the sexual act (see definition of consent above). This includes relationships involving the withholding, promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex – such sexual activity is considered “non-consensual” within the scope of this Code;
  7. Attend trainings related to HIV and AIDS, GBV, CAE, occupational health and any other relevant courses on safety as requested by my employer;
  8. Report to the relevant committee any situation where I may have concerns or suspicions regarding acts of misconduct by a fellow worker, whether in my company or not, or any breaches of this code of conduct provided it is done in good faith;
  9. With regard to children (under the age of 18):
  • Not invite unaccompanied children into my home, unless they are at immediate risk of injury or in physical danger.
  • Not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor’s permission, and ensure that another adult is present if possible.
  • Refrain from physical punishment or discipline of children.
  • Refrain from hiring children for domestic or other labour, which is inappropriate given their age, or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury.
  • Comply with all relevant local legislation, including labour laws in relation to child labour.
  1. Refrain from any form of theft for assets and facilities including from surrounding communities.
  2. Remain in designated working area during working hours;
  3. Refrain from possession of alcohol and illegal drugs and other controlled substances in the workplace and being under influence of these substances on the job and during workings hours;
  4. Wear mandatory PPE at all times during work;
  5. Follow prescribed environmental occupation health and safety standards;
  6. Channel grievances through the established grievance redress mechanism.

 

I understand that the onus is on me to use common sense and avoid actions or behaviours that could be construed as misconduct or breach this code of conduct.

 

I acknowledge that I have read and understand this Code of Conduct, and the implications have been explained with regard to sanctions on-going employment should I not comply.

 

Signed by:    _________________________________________________________

Signature: _________________________________________________________

Date: _________________________________________________________  

 

FOR THE EMPLOYER

Signed by:    _________________________________________________________

Signature: _________________________________________________________

Date: _________________________________________________________ 

 

 

 

 

 

 

 

 

 


ANNEX 3 SAMPLE HEALTH TRAINING AND ENVIRONMENT PLAN

S/N

Training Title

Description

Timing

Who to Deliver the Training

1

Sensitization on the HSE Manual

To train all workers on all the provisions in the HSE Manual and the company’s HSE Policy (use local language as necessary) including the right use of PPEs

Upon mobilization of every worker to site

HSE Expert

Refresher on a monthly basis

Contractor HSE Officer

2

First Aid administration/ Use of First Aid Box

To train selected officers (Contractor HSE Officer, Site Manager, Yard Manager, Team leaders, Female workers representative) on the right first aid administration for different scenarios including demonstrations

Upon mobilization to site and after every 6 months

Public Health Expert/

First Aid Care Giver

3

Protocol for construction site, staging areas, borrow pits and campsite

To ensure all workers understand the protocol to adopt at the construction site, staging areas, borrow pits and campsite

Upon mobilization to site

 

Refresher every 3 months

Site Manager

4

General Training on site work

Right procedures for: manual handling, electrical safety, emergency procedures, work at height, confined spaces, underground construction, cofferdams etc.

Upon mobilization to site

Refresher every 2 months

Site Manager/ Project Manager/ Engineer/ HSE Officer

5

Daily HSE Pep Talks

To provide daily reminder on safety precautions and acceptable environmental and social protection including do’s and don’ts for all workers

Daily

Contractor HSE Officer

6

Community Health and Safety Training

To train all workers and project management on:

· Sexual Exploitation and Abuse/ Gender-Based Violence Training

· Code of Conduct Training

· Sensitization on STDs/STIs

· Grievance Redress Mechanism

Upon mobilization of every worker to site

 

Refresher every 3 months

Social Safeguard Expert

7

Drivers Training

To train all project drivers on safety and acceptable conduct

Upon employment

Daily Monitoring

Monthly Refresher

FRSC Expert in conjunction with project manager

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ANNEX 4 WORKERS CAMPSITE MANAGEMENT FRAMEWORK

 

Elements for managing risks associated with the Workers Campsite under the proposed project include:

 

  • Location: The Contractor shall ensure to site workers camp at a designated location approved by the SPIU. The location was determined during the preliminary design preparation in conjunction with the local communities/authorities with the following criteria:
  • Be located outside the protection zone of watercourses (100 m) and wetlands;
  • Be located within an acceptable distance from existing residential areas;
  • Not located in areas with intact vegetation
  • The contractor must first obtain the necessary licenses and consents from the local authorities or from the owner of the needed area; Although it is the contractor’s decision, it is recommended that whenever possible the camps should be handed over to the administrative or community authorities for future use;
  • The contractor must submit for the prior approval of the Resident Engineer, the implantation design and other project structures and specifications related to the camps and sites that are intended to be built;
  • The contractor shall take all necessary measures and precautions to ensure that the execution of the works is carried out in accordance with environmental, legal and regulatory requirements, including those set out in this document; The contractor shall take all measures and precautions to avoid any disturbance in the local communities and among the users of the road, as a result of the project execution;
  • The contractor shall, whenever possible, apply measures to reduce or eliminate any sources of disturbances. The contractor shall follow the provisions of this document, as well as the applicable legislation and standards, during the use, operation and maintenance of the camps and sites, in particular with regard to water supply and sanitation, solid waste management, handling and storage of dangerous substances, etc.;
  • The areas occupied by the camps and sites must be recovered at the end of the project, when the contractor is demobilized, through the replacement of previously existing conditions, unless other uses are intended

 

  • Accommodation, Hygiene and Sanitation: The Contractor will ensure that all necessary sanitary facilities shall be provided for workers expected on site: separate rooms will be provided for male and female workers, all necessary sanitary facilities complying with World Health Organization (WHO) regulations will be provided for workers including:
  • Separate toilets for male and female
  • Portable water with well-placed overhead tanks
  • Wash basins
  • Concrete and covered septic tanks
  • On-site Social and Health Care Facilities: Provision of basic on-site social and medical facilities such as first aid, basic health care centre, recreational centre, food service, etc. in order to reduce pressure on community facility.
  • Campsite Safety and Security: Provision of 24 hours security stationed at the Campsite to ensure the security and safety of construction workforce and construction equipment.
  • Campsite Waste Management: Adequate waste management of sewage and other forms of waste within the campsite. The Campsite shall be equipped with independent toilet facilities for male and female workers respectively, in order to discourage irregular waste disposal. Furthermore, standards must be instituted for personal and public hygiene among project workers. Additionally, project workers shall be properly trained on personal hygiene.
  • Establishment of and Training on Workers on Code of Conduct: The Supervising Engineer and Safeguards Unit shall ensure that Contractors establish a workers’ Code of Conduct (CoC). The CoC will help mitigate some of the social and environmental impacts of labour influx such as risk of social conflict, Increased risk of illicit behaviour and crime, Increased burden on and competition for public service provision, Wastewater discharges, Increased demand on freshwater resources, and Inadequate waste disposal and illegal waste disposal sites etc., will help keep workers (local/foreign) in check on the rules and regulations binding their engagement. Contractors to ensure provision of training to workforce on code of conduct and ensure strict compliance. Measures provided for in the ESMP to deter illicit behaviour and other social vices are adequately enforced.
  • Training programs: Conduct and ensure key staff, including contractors, receive training regarding the likelihood, significance and management of influx-related issues such as HIV/AIDS, GBV, SEA, VAC etc.
  • Carry out Regular Monitoring: The SPIU shall monitor for change throughout the project cycle to ensure compliance and on mitigation effectiveness from projects/contractors. Ensure a documented monitoring program that tracks key social outcomes, changes and issues at regular intervals throughout the project lifecycle

 

 

 

 

 

[1] Statutory deductions for Nigerian employees:

Pension Fund: 8% monthly salary, Pension Reform Act,2014

National Housing Fund: 2.5% monthly basic salary

National Health Insurance Scheme: 5% monthly basic salary

PAYE tax: 7% on taxable income of ₦300,000 and 24% for above ₦3,200,000, Personal Income Tax (Amendment) Act 2011

Nigeria Social Insurance Trust Fund: 1% of employees’ monthly payroll 

 

[2] official work hour in Nigeria is eight hour, five days a week in line with International Labour Organization and Section 9 of the National Minimum Wage Act

[3] Labour Act section 13

[4] all employees are entitled to wages up to twelve working days in any year during their absence from work caused by temporary illness certified by a registered medical practitioner.

[5] British Council Nigeria. Gender in Nigeria report 2012; UNDP Human Development Report 2016. See: http://hdr.undp.org/en/content/gender-inequality-index-gii.

[6] The 2013 Nigeria Demographic and Health Survey (NDHS). See: https://dhsprogram.com/pubs/pdf/PR41/PR41.pdf.

[7] UNAIDS 2017 Data. See: http://www.unaids.org/sites/default/files/media_asset/20170720_Data_book_2017_en.pdf.

[8] NDHS 2013.

[9] NDHS 2013; British Council Nigeria, 2012.

ESMF Report for DISREP

 



Nigeria Distribution Sector Recovery Program (DISREP)

Environmental and Social Management

Framework (ESMF)


 

 

 

Nigeria Distribution Sector Recovery Program (DISREP)

 

Environmental and Social Management

Framework (ESMF)

 


 

TABLE OF CONTENTS

EXECUTIVE SUMMARY.. 8

CHAPTER ONE.. 16

INTRODUCTION.. 16

1.1 Background to DISREP.. 16

1.1.1 Power Sector Recovery (PSR) PforRs. 16

1.1.2 Distribution PforRs. 16

1.2 The Current Situation with Electricity Distribution in Nigeria. 17

1.3 Program Development Objectives and Level Result Indicators. 17

1.3 Rationale for the Environmental and Social Management Framework (ESMF) 18

1.4 Objectives of the ESMF.. 18

1.5 ESMF Study Approach and Methodology. 19

1.6 Revision/Modification of the ESMF.. 19

1.7 ESMF Procedures for Screening and Institutional Arrangements. 19

CHAPTER TWO.. 20

LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK.. 20

2.1 Legal and Regulatory Frameworks. 20

2.1.1 Federal Ministry of Environment Regulations and Guidelines. 20

2.1.2 Relevant Energy Sector Policies, Regulations and Guidelines. 22

2.1.2.1 National Energy Policy, 2018 (Updated) 22

2.1.2.2 Electricity Policy, 2018. 22

2.1.2.3 Electric Power Sector Reform Act, 2005. 23

2.1.2.4 Selected Regulations made by NERC.. 23

2.1.3 Gender Based Violence – Relevance, Legal and Policy Importance in Nigeria. 24

2.1.3.1 Nigeria Legal and Regulatory Framework on GBV.. 24

2.2 Administrative Structure for the Energy Sector in Nigeria. 25

2.2.1 Administrative Structure of Environmental Regulatory Bodies and Agencies in Nigeria. 27

2.3 World Bank Environmental and Social Framework (ESF) 27

2.3.1 Environmental and Social Standards (ESSs) 27

2.3.2 Applicability of the Environmental and Social Standards (ESSs) to DISREP.. 28

2.4 Harmonization of the Nigeria EA Guidelines and the World Bank ESF.. 29

CHAPTER THREE.. 35

PROJECT DESCRIPTION.. 35

3.1 DISREP OVERVIEW… 35

3.2 Program Components and Emphasis on IPF/TA 35

3.2.1 Investment Project Financing (IPF) Component 35

3.2.2 Technical Assistance (TA) Component 35

3.2 Description of the IPF Component Implementation Arrangement. 37

CHAPTER FOUR.. 39

4.1 Environmental Baseline. 39

4.2 Program Area of Influence. 39

4.2.1 Climate. 40

4.2.2 Vegetation. 41

4.2.3 Fauna. 42

4.2.4 Hydrology. 42

4.2.4.1 Surface Water 42

4.2.4.2 Ground Water/ Hydrogeology. 43

4.2.5 Geology. 44

4.2.6 Soil 44

4.2.7 Ambient Air Quality and Noise levels in Nigeria. 45

4.2.8 Biodiversity and Nature Protection. 45

4.3 Social Baseline. 46

4.3.1 Population and Demographics. 46

4.3.2 Energy Consumption. 46

4.3.3 Share of Households without Electricity access in Nigeria by Geopolitical Zone. 46

4.3.4 Share of Households without Electricity access in Nigeria by Area. 46

4.4 Guidelines for Baseline Studies. 49

CHAPTER FIVE.. 50

POTENTIAL ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS.. 50

5.1 Introduction. 50

5.3 Identification of Potential Environmental and Social Risks and Impacts. 50

5.3.1 Project Activities. 50

5.3.2 Principles for Applying Mitigation Measures to Identified Potential Adverse Environmental and Social Risks and Impacts  52

CHAPTER SIX.. 61

ENVIRONMENTAL AND SOCIAL ASSESSMENT, AND INSTRUMENTS’ APPLICABILITY.. 61

6.1 Environmental and Social Assessment Synopsis. 61

6.2 Environmental and Social Screening Process. 61

6.2.1 Environmental and Social Assessment Instruments. 62

CHAPTER SEVEN.. 66

INSTITUTIONAL ARRANGEMENTS FOR ESMF IMPLEMENTATION.. 66

7.1 Institutional Arrangements. 66

7.2 Capacity Assessment to Perform Attributed Institutional Roles. 68

7.3 Institutional Analysis for Assessment and Management of Environmental and Social Risks and Impacts  69

7.3.1 Capacity Building Requirements. 69

7.4 Safeguard Roles and Responsibilities. 70

CHAPTER EIGHT.. 71

ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) 71

8.1 Overview.. 71

8.2 Safeguard Implementation Processes. 82

8.2.1 Monitoring and Reporting. 82

8.2.2 Grievance Redress Mechanism (GRM) 83

CHAPTER NINE.. 85

STAKEHOLDER ENGAGEMENT. 85

9.1 Overview.. 85

9.2 Stakeholder Engagement Process. 85

9.3 Fundamentals of Stakeholder Engagement Approach for Implementation of DISREP.. 86

9.4 Stakeholder Engagement Summary. 87

REFERENCES.. 94

ANNEX 1. 95

SCREENING CHECKLIST.. 95

ANNEX 2. 97

SAMPLE ESMP OUTLINE.. 97

ANNEX 3. 98

SAMPLE WORKERS OCCUPATIONAL HEALTH & SAFETY MANAGEMENT PLAN.. 98

ANNEX 4: 100

SAMPLE JOURNEY MANAGEMENT PLAN (JMP) 100

ANNEX 5: 101

SAMPLE WASTE MANAGEMENT PLAN.. 101

ANNEX 6. 102

COMMUNITY OCCUPATIONAL HEALTH & SAFETY MANAGEMENT PLAN.. 102

ANNEX 7: 103

SAMPLE CODE OF CONDUCT. 103

ANNEX 8: 108

EXERPTS FROM LABOUR MANAGEMENT PROCEDURES.. 108

 

LIST OF TABLES

Table 1: Other Legal and Regulatory Frameworks on Environment 20

Table 2: Selected Electricity Regulations by NERC.. 23

Table 3: ESSs Relevant to DISREP.. 28

Table 4:Comparison of Key Elements of Nigerian Environmental and Social Legal Provisions and the World Bank ESF in Relation to DISREP.. 31

Table 5: Population Statistics on Electricity Consumption in Nigeria. 47

Table 6: Project Activities and Potential Sensitivities/Receptors. 50

Table7: Potential Environmental and Social Risks and Impacts Associated with the IPF Component of DISREP.. 54

Table 8: Institutional/Implementation Arrangement for the ESMF.. 66

Table 9: ESMF Implementation Capacity Building Requirements. 69

Table 10: Mitigation and Monitoring Plan. 72

Table 11: Reporting Procedures. 82

Table 12: ESMF Overall Estimate. 83

Table 13: ESMF Disclosure Procedure. 84

Table 14: Stakeholders Engagement Process. 85

Table 15: Summary of Stakeholder Consultations. 88

Table 16: ESMF Disclosure Procedure. 93

 

LIST OF FIGURES

Figure 1: IPF Implementation Arrangements. 38

Figure 2: DISREP Operation Summary. 38

Figure 3: Distribution Companies and their Distribution Zones. 39

Figure 4: Mean Annual Rainfall of Nigeria. 41

Figure 5: Vegetation Distribution Map of Nigeria. 42

Figure 6: Nigeria Hydrological Map. 43

Figure 7: Nigeria Geological Map. 44

Figure 8: Nigeria Pedological Map. 45

Figure 9: Institutional Arrangement Summary. 68

 

 

 

ACRONYMS AND ABBREVIATIONS

ACHPR

African Charter on Human and Peoples’ Rights

BOF

Budget Office of the Federation

BPE

Bureau of Public Enterprises

CBD

Capacity Building and Development

CBN

Central Bank of Nigeria

CBOs

Community Based Organization

CEDAW

Convention on the Elimination of All Forms of Discrimination against Women

C-ESMP

Contractor’s Environmental and Social Management Plan

COC

Code of Conduct

COVID-19

Corona Virus Diseases -2019

CRA

Child Rights Act

CRPD

Convention on the Rights of Persons with Disabilities

DAP

Data Aggregation Platform

DG

Director General

DISCOs

Distribution Companies

DISREP

Distribution Sector Recovery Program

DLIs

Disbursement Linked Indicators

DMO

Debt Management Office

EA

Environment Assessment

ECN

Energy Commission of Nigeria

ECOWAS

Economic Community of West African States

EHS

Environmental, Health and Safety

EHSGs

Environmental, Health and Safety Guidelines

EIA

Environmental Impact Assessment

EMS

Environmental Management Systems

EMSL

Electricity Management Services Ltd

EPA

Environmental Protection Agency   

EPSRA

Electric Power Sector Reform

ESCP

Environmental and Social Commitment Plan

ESF

Environmental and Social Framework

ESIA

Environmental and Social Impact Assessment

ESMF

Environmental and Social Management Framework

ESMF

Environmental and Social Management Framework

ESMMP

Environmental and Social Management Monitoring Plan

ESMP

Environmental and Social Management Plan

ESMS

Environmental and Social Management System

ESS

Environmental Safeguards Specialist

ESS

Environmental and Social Standards

ESSA

Environmental and Social Systems Assessment

FCT

Federal Capital Territory

FGN

Federal Government of Nigeria

FMEnv

Federal Ministry of Environment

FMLP

Federal Ministry of Labour and Productivity

FMoFBNP

Federal Ministry of Finance, Budget and National Planning

FMoP

Federal Ministry of Power

FMWASD

Federal Ministry of Women Affairs and Social Development

GBV

Gender Based Violence

GENCOs

Generation Companies

GIIP

Good International Industry Practice

HSE

Health Safety and Environment

ICCPR

International Covenant on Civil and Political Rights

ICESCR

International Covenant on Economic, Social and Cultural Rights

IDA

International Development Association

IEC

Information Education Communication

ILO

International Labour Organization

IPF

Investment Project Financing

LFN

Law of Federal Government of Nigeria

LGAs

Local Government Areas

LMP

Labour Management Procedures

MDAs

Ministries, Departments and Agencies

MSDs

Musculoskeletal Disorders

NAPTIN

National Power Training Institute of Nigeria

NBET

Nigerian Bulk Electricity Trading Company

NCDC

Nigerian Centre For Disease Control

NDPHC

Niger Delta Power Holding Company Limited

NEGIP

Nigeria Electricity and Gas Improvement Project

NELMCO

Nigeria Electricity Liability Management Company Limited

NEMSA

Nigerian Electricity Management Services Agency

NEP

Nigeria Electrification Project

NEPA

National Electricity Power Authority

NERC

Nigeria Electricity Regulatory Commission

NESREA

National Environmental Standards and Regulations Enforcement Agency

NETAP

Nigeria Electricity Transmission Project

NSO

Nigeria System Operator

NTDP

Nigeria Transmission Development Project

OHS

Occupational Health and Safety

OHSMPs

Occupational Health and Safety Management Plans

OHSMS

OHS Policy and Occupational Health and Safety Management System

ONEM

Operator of the Nigerian Electricity Market

PAPs

Project Affected Persons

PCB

Polychlorinated Biphenyls

PDOs

Program Development Objectives

PforR

Programs for Results

PHCN

Power Holding Company of Nigeria

PIP

Project Implementation Plan

PPE

Personal Protective Equipment

PSR

Power Sector Recovery

PSRP

Power Sector Recovery Program

PTFP

Presidential Task Force on Power

REA

Rural Electrification Agency

SEA

Sexual Exploitation and Abuse

SEP

SH

Stakeholder Engagement Plan

Sexual Harassment

SMEnv

State Ministry of Environment

SOGI

Sexual Orientation and Gender Identity

SON

Standard Organization of Nigeria

TA

Technical Assistance

TCN

Transmission Company of Nigeria

TMP

Traffic Management Plan

TTL

Task Team Leader

VAC

Violence Against Children

VAC

Violence Against Children

VAPP

Violence Against Persons Prohibition Act

VES

Vehicle Emission Screening

VET

Vehicle Emission Testing

WB

World Bank

WHO

World Health Organization

WMP

Waste Management Plan

 

EXECUTIVE SUMMARY

 

ES 1: Introduction – Project Background

The World Bank has proposed a large integrated programmatic engagement to support the FGN’s comprehensive reform effort starting with financing, through a PSRP Programs for Results (PforR). The programmatic engagement will involve a series of integrated operations under two streams – i) Power Sector Recovery (PSR) PforRs and ii) Distribution PforRs, to holistically address the sector issues.

Distribution PfoRs – Specifically, to address power sector recovery for the distribution sub-sector, the World Bank has developed the Distribution Sector Recovery Program (DISREP). The proposed DISREP involves financing and supporting the key elements of the FGN’s PSRP program of activities through the on-lending by the Bureau of Public Enterprises (BPE) to a selected number of majority private DISCOs. PforR financing is identified as the most relevant instrument for the proposed DISREP. The financing will be for implementation of a wide variety of DISCO-led activities and expenditures across the distribution sub-sector. The DISREP will be combining Program for Results (PforR), Investment Project Finance (IPF) and Technical Assistance (TA) components targeted at supporting improvement of DISCOs in their operational performance, service delivery and governance.

This Environmental and Social Management Framework (ESMF) addresses the IPF and TA components of the Program.

ES 2: Need for the project

DISREP is targeted at increasing access to electricity across Nigeria through new connections and investments that bridge the supply-demand gap.  Also, investments in infrastructure rehabilitation and customer metering will improve the quality and quantity of electricity supply to those already connected as well as improve customer experience through improvements in billing accuracy for currently unmetered customers.  Through the provision of new and improved connections to the power network, DISREP will contribute to reducing the current reliance on alternative, carbon-intensive energy sources such as diesel/petrol-based generators, kerosene, or firewood, which are expensive and are associated with significant health and environmental impacts, including climate impacts. The DISREP boundary will be limited to the distribution sub-sector elements of the PSRP and only those investments and interventions detailed in the NERC approved PIPs.

 

ES 3: Project locations

The locations where the IPF component of DISREP will support, are the eleven (11) distribution zones, overseen by the 11 privately owned distribution companies in Nigeria. The distribution companies are responsible for electricity supply in Nigeria; where their services span across the entire nation. They include the following:

 

S/N

Registered Name with the Corporate Affairs Commission (CAC)

Common Name

Distribution Zone

 

 

1.

Abuja Electricity Distribution Company

Abuja DISCO

Abuja Distribution Zone

2.

Benin Electricity Distribution Company

Benin DUSCO

Benin Distribution Zone

3.

Enugu Electricity Distribution Company

Enugu DISCO

Enugu Distribution Zone

4.

Eko Electricity Distribution Company

Eko DISCO

Eko Distribution Zone

5.

Ibadan Electricity Distribution Company

Ibadan DISCO

Ibadan Distribution Zone

6.

Ikeja Electricity Distribution Company

Ikeja DISCO

Ikeja Distribution Zone

7.

Jos Electricity Distribution Company

Jos DISCO

Jos Distribution Zone

8.

Kaduna Electricity Distribution Company

Kaduna DISCO

Kaduna Distribution Zone

9.

Kano Electricity Distribution Company

Kano DISCO

Kano Distribution Zone

10.

Port Harcourt Electricity Distribution Company

Port Harcourt DISCO

Port Harcourt Distribution Zone

11.

Yola Electricity Distribution Company

Yola DISCO

Yola Distribution Zone

 

 

 

ES 4: Project Description

DISREP is a hybrid operation, combining Program for Results (PforR), Investment Project Finance (IPF) and Technical Assistance (TA) components targeted at supporting the improvement of DISCOs in their operational performance, service delivery and governance. While the PforR component is expressively described in the PAD, and will be implemented by BPE, the IPF and TA components for which this ESMF addresses, are elaborately described in Chapter 3 of this ESMF report. The Transmission Company of Nigeria (TCN) will be the Implementing Agency for the IPF component of the DISREP. TCN has extensive in-house capacity and experience in undertaking procurement using World Bank funds. TCN will receive World Bank funds and undertake all procurement associated with the IPF component of the program as well as the TA component.  The IPF component of the Program will involve the bulk procurement and distribution of meters to DISCOs warehouses and the procurement of a DAP for NERC. The proposed operation would involve two IPF components for: 1) the NERC DAP, and 2) the bulk procurement of meters for DISCOs. 

IPF Component 1 (IPF1): NERC Data Aggregation Platform. To support NERC in addressing problems of inadequate data availability, inconsistent data quality, and irregular reporting of the sector operators, that impact their ability to monitor sector performance.

IPF Component 2 (IPF2): Bulk procurement of customer/retail meters for DISCOs to support DISCOs’ implementation of metering as part of their PIPs.

Technical Assistance (TA) Component: The proposed operation would involve three TA components for: 1) PforR implementation support, 2) capacity building for DISCOs, and 3) the design of a social protection fund. 

 

ES 5: Rationale for the ESMF

The ESMF is used when a project consists of a program and/or series of subprojects, where the entire range of environmental and social safeguard issues involved are not fully known. It involves the use of management plans that spell out mitigation and monitoring actions and responsibilities necessary to ensure safe and sound environmental and social sustainability of the project, during its implementation course. The main justification for the ESMF is embedded on the basis that the World Bank Environmental and Social Policy for IPF sets out the requirements which the Bank must follow regarding projects it supports through IPF. The ESMF serves as a statement of the policy, principles, institutional arrangements and procedures that high-level decision makers and stakeholders at the project management level will follow in implementing each sub-project so as to effectively and satisfactorily address environmental and social issues.

 

Objectives/Scope of the ESMF – The ESMF will provide the Transmission Company of Nigeria (TCN) and its implementing partners with an environmental and social screening process that will enable streamlined identification, assessment and mitigation of potential environmental and social risks and impacts associated with the DISREP IPF/TA components. The ESMF will be useful at all stages of the project, such as in the identification and screening of proposed activities ( i) bulk procurement and transportation to DISCO warehouses; ii) procurement and installation of the DAP) , including their implementation and operation stages as well as to guide and inform decision makers on how the applicability of the Environmental and Social Standard (ESSs) are established during the implementation of sub-projects.

 

ESMF Methodology – This ESMF was prepared in accordance with standard procedures for environmental and social assessment including World Bank Environmental and Social Standards (ESSs), other relevant international environmental and social assessment regulations and guidelines, and the Nigerian environmental assessment guidelines

 

ES 6: Environmental and Social Baseline

Environmental Baseline: The project area of influence (which cuts across Nigeria) is divided into three main climatic regions: Tropical Rain Forest Region, Near Desert Region and Savannah Region. However, due to unequal elevations in different parts of the country, there are differences in temperature and rainfall distribution. The climate in Nigeria is semi-arid in the north, and humid in the south. Due to its location, Nigeria has a tropical climate characterized by the hot and wet conditions linked with the movement of the Inter-Tropical Convergence Zone (ITCZ) north and south of the equator.

Vegetation: Savannah and Forest are the predominant types of vegetation in Nigeria. The savannah vegetation stretches from the central parts of Nigeria to the extreme northern parts. The tropical forest vegetation covers the remaining southern portion of the country and is divided into three types: i) Rain forest with tall trees, ii) Fresh water swamp consisting of both fresh and saltwater swamps and iii) Mangrove forest which is made up of mangrove vegetation.

Fauna: The species present in the country can be classified into major groups as: i) Herpetofauna (amphibians and reptiles), ii). Invertebrates (insects), iii). Birds (black kite, Egret, Robin, Songbird, Pigeon etc), iv). Mammals (Giant rat) etc. Some of these faunas maybe endangered and vulnerable to poaching.

Hydrology: There are many rivers in Nigeria but the two principal river systems are the Niger – Benue and the Chad. The Niger River, the largest in West Africa, flows 4,000 km from Guinea through Mali, Niger, Benin, and Nigeria before emptying into the Gulf of Guinea. The Benue River and largest tributary flows 1,400 km from Cameroon into Nigeria, where it empties into the Niger River. The country’s other river system involves various rivers that merge into the Yobe River, which then flows along the border with Niger and empties into Lake Chad.

Social Baseline: Nigeria has the highest population in Africa. In 2019, its population amounts to over 200 million people and was estimated to constantly increase in the next decades. By 2050, this figure could double and reach 400 million people. In fact, in the last 50 years, Nigeria’s population grew at a very high rate. The largest city of Nigeria is Lagos, which is also the largest city in all of Sub-Saharan Africa. Abuja, the Capital City of Nigeria, counted about half a million inhabitants in 2020, ranking 15th among the largest cities in Nigeria

 

Energy Consumption– 80% of the total electricity demand and consumption are from residential and commercial sectors. The rest is covered by the Industrial, Street Lighting and Special Tariff sectors. The share of large consumers, such as industry or large commercial areas, only represented 1% of the total electricity consumption. Electricity distribution rates vary substantially amongst the states in Nigeria. For instance, according to the projections of the Japanese International Cooperation Agency (JICA), Taraba State had the lowest electrification rate in 2010 with 21% and Lagos the highest with 96%. Out of the 13 states that registered the lowest electrification rates, 10 were located in the North-West and North-East. The 8 states with the highest electrification rates were located in the South-West or South-South.

 

ES 7: Public Consultations and Concerns

Stakeholder Engagement was held on the 5th and 6th of October, 2020.The consultations fulfil the requirement of ESS 10: Stakeholder Engagement and Information Disclosure. The need was to engage with critical players such as the DISCOs, NERC and TCN. A stand -alone Stakeholder Engagement Plan (SEP) has been prepared for the IPF and TA components of DISREP. A detailed summary of the consultations is provided in Chapter 9 of this report

 

ES 8: Risk Assessment and Impacts of the project

The ESMF describes a risk assessment methodology for identifying environmental and social risks and impacts. Some of the potential adverse environmental and social risks and impacts associated with the bulk supply and distribution of meters to DISCO warehouses; and the procurement of the DAP for NERC are identified as follows:

 

 

IPF 1: Procurement and Installation of Data Aggregation Platform

  • Procurement of DAP
  • DAP receiving, collection and temporary storage at shipping yards or airports
  • DAP sorting and inventory
  • Transportation of DAP to NERC
  • Unpacking at NERC headquarters
  • Installation of DAP at NERC
  • Recording of data

 

Potential impacts include:

  • OHS risks: Workers could suffer, falls and traumatic injuries
  • Noise impacts are envisaged during the movement of meters and DAP equipment and materials (if the DAP will include the transportation of DAP hardware and materials) to warehouses
  • Risk of Musculoskeletal Disorders (MSDs)
  • Waste Generation: Unpacking of meters at DISCO headquarters or warehouses may result in generation of solid wastes from packaging materials and casings; likewise, for the DAP at NERC (if the DAP will include DAP hardware and materials). In the case of the DAP at NERC, the impacts will be minimal. The impacts qualification for this aspect only applies to the bulk supply of meters.
  • Violence and Theft: In holding areas where equipment is kept, unscrupulous attitudes and behaviour could be displayed as forms of physical harassment, theft and thuggery in holding areas could occur if unauthorized or authorized personnel seek to tamper with commodities. Fist-fights are likely and other violent acts.

 

IPF 2: Bulk Procurement and Supply of Meters

  • Procurement of Meters
  • Meters receiving, collection and temporary storage at shipping yards or airports
  • Meters sorting and inventory
  • Transport of Meters to DISCO warehouses
  • Unpacking and Storage of meters at DISCO headquarters or warehouses

 

Potential impacts include:

  • Air Pollution: The impacts on air may arise only from fugitive dusts and carbon emissions from exhaust fumes as meters are transported to DISCOs and in the case of NERC, if the DAP will include the transportation of DAP hardware and materials
  • Soil Pollution: Leakages from (oil, vehicle fuel, hydraulic fluids) may occur when vehicles are transporting meters and DAP (if the DAP will include the transportation of DAP hardware and materials) form temporary holding or storage areas to DISCOs and NERC respectively. If this occurs in areas or roads covered by earth, the possibility of oil seeping-through into the soil may occur.
  • Traffic increases and travel delay: Traffic impacts may occur when heavy duty vehicles are conveying meters and DAP (if the DAP will include the transportation of DAP hardware and materials) to and from the respective DISCOs and NERC. This is likely to occur along major inter-state highways, community/town/city routes needed to be plied during supply/delivery
  • Grievances, Complaints, Disruption of activities and Vandalism: Grievances from PAPs within the program area of influence. This could be with regards to traffic delay during transportation of commodities, temporary or prolonged power outages during meter supply; or poor labour and working conditions
  • Labour Influx: Conflicts of interests may arise among and between workforce
  • GBV/SH/SEA: Women and girls may be exposed to sexual harassment, exploitation, abuse and violence as a result of interactions with workers and possibly followers. Illicit Behaviours: Increased risk of illicit behaviour and crime (such as theft and substance abuse) attributable to labour influx. Additionally, there may be increase in unprotected sexual intercourse due to labour influx
  • Community Health and Safety: Considering that supply and transportation of meters especially to DISCO warehouses will involve cross-country movement, through densely and non-densely populated areas etc, Community Health and Safety risks are very likely

 

ES 9: Environmental and Social Mitigation Measures

Environmental and Social Mitigation Measures are described in Chapter 5 of this ESMF report. The mitigation measures are SMART-simple, measurable, achievable and can be accomplished in a timely manner. They are designed based on the Mitigation Hierarchy described in the World Bank Environmental and Social Framework (ESF) and are assigned responsibilities for mitigation implementation and monitoring.

 

 

 

 

 

ES 10: Institutional Arrangements

S/N

Institution

ESMF Roles and Responsibilities

 

 

1.

FMEnv

The FMENv will assist TCN (Through its WB-TCN PMU) in the screening and approval of subprojects/activities. FMENv will also provide guidance on scoping and necessary additions or modifications to the Terms of Reference of selected environmental and social assessment instruments to be prepared for sub-projects. FMEnv will also give the approval for environmental and asocial assessment and work in collaboration with the TCN PMUand World Bank in disclosing the environmental and social assessment instruments in-country. The FMENv will also aid the TCN PMU in coordinating with the FMENv’s Ministries Departments and Agencies (MDAs) on monitoring responsibilities as regards this ESMF and other program instruments

2.

FMoP

The FMoP will be responsible for the IPF component of DISREP through TCN, and will indirectly play an oversight and supervisory role as the apex ministry by overseeing TCNs roles and responsibilities under DISREP, including implementation of the IPF component specifically, in disclosure of instruments and other requisite clearances or functions.

4.

TCN

TCN will be the implementing Agency for the IPF component and will operate its Environmental and Social Standards’ responsibilities for DISREP through its WB-TCN PMU. At a national level, the disclosure of the ESMF will be undertaken by TCN and issues concerning the implementation of the IPF and TA components in whole; and environmental and social management aspects of the IPF activities specifically, will be communicated by TCN to the DISREP Technical Committee, chaired by the FMoP. Additionally, TCN will be responsible for the bulk procurement of meters for supply to the DISCOs warehouses; and will provide and coordinate ESS oversight to DISCOs through its WB-TCN PMU.

5..

TCN PMU

The TCN PMU is an established Unit, experienced in the implementation of Bank funded projects and programs in the power/energy sector. The TCN PMU consists of Engineers, Project Engineers, Procurement Specialists, Environmental and Social Safeguards Specialist, Monitoring and Evaluation Specialists etc. who will provide expert technical guidance on the matters concerning the IPF component and its sub-projects. Specifically, the Units Safeguards Specialists will provide Technical Assistance on the aspect of implementing the provisions of this ESMF at the level of the DISCOs; mainly in the screening and scoping of sub-projects and in the selection of appropriate environmental and social assessment instruments. It will collaborate with SMEnvs and the FMENv accordingly, and liaise directly with the Bank on issues concerning ESF compliance an ESSs applicability relevance on IPF activities. TCN will be directly responsible for disclosure of all environmental and social assessment instruments prepared in fulfilment of IPF requirements.

6.

Chemical Resettlement and Environment Division of the HSE Dept.

The unit will provide technical support to the TCN-PMU as when necessary or required. Essentially, it will also provide guidance and advisory in the management of e-wastes.

7.

DISCOs HSE Departments

The DISCOs will ensure the proper and safe storage of meters in their respective warehouses, as well as the management of wastes generated from removed packaging. Specifically, as concerns the implementation of the ESMF and execution of environmental and social management responsibilities at the level of their DISCOs; the Health Safety and Environment Departments of each DISCO headquarters will nominate a senior manager/officer (of the HSE Department) to oversee and communicate environmental and social matters directly to the Safeguards Specialists in the TCN PMU. The Manager/Officer will work with Independent Consultants during the environmental and social assessment undertaken for their DISCO/distribution zone.

 

Business Unit Managers/Environmental and Social Desk Officers

For the IPF component, the Business Unit Managers or nominated officers from each Business Unit will serve as Environmental and Social Desk Officers. These will liaise directly with the Manager (HSE Department at the DISCO headquarters) on environmental and social matters at the Business Unit Level.

8.

NERC

NERC will implement the installation of the DAP (Data Centre or Cloud-based system). Specifically, as concerns the implementation of the ESMF and execution of environmental and social management responsibilities at the level of NERC; the Health and Safety Unit of the Engineering, Performance and Monitoring Department at NERC offices will nominate a senior manager/officer to oversee and communicate environmental and social matters directly to the Safeguards Specialists in the WB-TCN PMU. The Manager/Officer will work with Independent Consultants during the environmental and social assessment undertaken for NERC

9.

Supervisory Consultants

Supervisory Consultants will supervise the activities of Contractors engaged to implement the main activities. With regards to environmental and social performance, their responsibilities will include monitoring of the implementation of mitigation measures contained in the Contract Agreement of Contractors and in the implementation of the C-ESMP.

10.

Independent Consultants

Independent Consultant(s) will be procured by the TCN PMU to undertake required environmental and social assessment(s); and likewise prepare the requisite reports. They will liaise with the Safeguards Specialists at the TCN PMU, HSE Managers at the DISCOs and Business Unit Managers/Environmental and Social Desk Officers.

11.

SMEnv, SWMAs and SEPA

Will play a vital role in environmental and social assessment and waste management at the States and DISCOs’ coverage area-levels respectively. Their responsibilities will surface around, guidelines, approvals and permits.

12.

CSOs

CSOs will assist the TCN PMU and DISCOs in strategizing and developing practicable and sustainable community driven approaches for bulk metering operations and activities, specifically. At a national level, the TCN PMU and DISCO Chief Executives could suggest participatory mechanisms that allow CSOs drive proactive electricity consumer sensitization and awareness programs to aid in screening and scoping (from a social perspective) and in mitigating the social impacts associated with proposed sub-projects.

13.

Other Interested Parties

Depending how implementation progresses in the course of the implementation of the IPF component; other interested parties may be identified, and may be essential in the provision of guidance, technical, regulatory or implementation functions associated with this ESMF and other levels of environmental and social management and monitoring.

14.

The World Bank

 

The World Bank has overall responsibility to ensure that its ESF and ESSs are complied with. In addition, the Bank will be responsible for the final review and clearance of environmental and social assessment instruments; as well as reviews and the giving of a “no objection” to the Terms of Reference for instruments (ESIAs, ESMPs, HRAs, etc.).

 

ES 11: Safeguards Responsibilities and Accountabilities

TCN: Overall safeguard roles and responsibilities for TCN on DISREP, will be undertaken by the TCN PMU through the PMU’s Environmental and Social Safeguards Specialists. The safeguard responsibilities will also extend to supervisory and oversight functions during procurement, transportation and storage of meters and DAP respectively, and also in the management of e-wastes generated from metering activities of the DISCOs.

 

The Bank is only funding supply and not installation works for meters. However, TCN will provide supervisory functions and oversight of procurement, transportation and storage of meters, similarly for the DAP, inclusive of its installation at NERC; and management of e-wastes generated in the course of carrying out these activities. This is because TCN (as implementing partner) is jointly liable for environmental and social risks and impacts that may arise from sub-projects or activities involving transportation, storage etc, of meters and DAP which it has procured for the DISCOs and NERC respectively through Bank funds. The TCN PMU will fund ESMPs for meters procurement, transportation and storage; and DAP installations respectively. The potential social risks and impacts specifically, during installation of meters are addressed in the ESSA prepared by the Bank, and are handled under the PforR component. 

 

NERC and DISCOs: For NERC, the roles and responsibilities to ensure safeguards and the applicability of the ESSs throughout the supply and operation phases will be with the DISCOs HSE departments and NERC HSE Unit respectively. At the Business Unit Level, this responsibility will be performed by the Business Unit Manager or nominated Environmental and Social Desk officer from the Business Units of the respective DISCO(s).

 

ES 12: Training Programs

A robust training program is proposed for the ESMF implementation (Chapter 7). The training program will cover modules on the Nigeria EIA law, WB ESF, Environmental and Social Standards (ESSs) etc. Participants will include TCN, DISCO health and safety Dept.; Business Unit Managers, SMEnv, FMEnv and other institutions responsible for the ESMF implementation. The budget for capacity building is estimated at NGN 38,000,000.00(USD 100,000.00, and will cater for i) Resource persons ii) participants per diems, hotel accommodation, feeding, transportation, ii) venue hiring, iv) local and international travels, v) training materials etc.

 

ES 13: Labor influx and child labor

Risks and impacts attributed to Labour Influx are discussed in the ESMF report, and suitable mitigation measures proffered and costed in the ESMP. A stand-alone Labour Management Procedures (LMP) instrument has been prepared for the IPF component of DISREP and addresses in detail issues of labour influx and child labour.

 

 

 

ES 14: Grievance Redress Mechanism

A program-level GRM will be prepared as required.  The GRM must take into cognizance the program components being implemented by TCN; in terms of activities and the traditional and conventional peculiarities of the distribution zones and the communities they service. The mechanism will assume responsibility for occurrences and issues that have direct relation to or bearing on the activities that are being carried out for achieving the expected outcomes of the IPF component. The overall responsibility for the coordination of the DISREP GRM will lie within TCN (WB-TCM PMU). The PMU level will be responsible for the collection of grievances of higher severity that may come directly to the PMU office based on the procedure and grievance classification adopted. But the uptake of grievances and recording will be at different levels from the service areas and Business Units to the top. The following processes should be part of the GRM – Registration of complaints, verification, processing, implementation and closing date, feed-back.

 

ES 15: Budget

The total estimated cost for the ESMF implementation and monitoring for all project locations is estimated at One Hundred and Sixty-Five Thousand United States Dollars Only. USD 165,000.00 This is equivalent to Sixty-Two Million, Seven Hundred Thousand Naira Only 62,700,000 NGN.

 

S/N

Item

Responsibility

Estimated Cost (NGN)

Estimated Cost (US$)

 

 

1.

Mitigation

Contractors and other parties involved in mitigation

TBD

TBD

2.

Monitoring

TCN PMU; FMEnv; etc SMEnv; SEPA; DISCO Mgt, NERC Mgt

TBD

TBD

Sub-total

Nil

Nil

3.

Capacity Building

TCN PMU, Other relevant MDAs

38,000,000.00

100,000.00

4.

ESMP Preparation

TCN-PMU

19,000,000.00

50,000.00

5.

Sub – Total

 

57,000,000.00

150,000.00

6.

Contingency

10% of Sub-Total

  5,700,000.00

  15,000.00

TOTAL

62,700,000.00

165,000

Note: USD to Naira exchange rates as at 30th November, 2020 (1 USD = 380 Naira) was applied and figures rounded up.

 

ES 16: Disclosure

The disclosure process for the ESMF, will follow review and clearance by the World Bank. The describes the process of disclosure is described below

S/N

Action

Remarks

 

 

1

Disclosure in 2 National newspapers

The TCN PMUwill disclose the ESMF as required by the Nigeria EIA public notice and review procedures

2

Disclosure in 2 state newspapers

The TCN PMUwill disclose the ESMF as required by the Nigeria EIA public notice and review procedures

3

Disclosure in 2 local newspapers

The PIU will disclose the ESMF as required by the Nigeria EIA public notice and review procedures

4

Disclosure at the DISCOs, NERC, BPE, FMoP, FMEnv office and the SMEnvs in all the Distribution Zones/States

The PIU will disclose the ESMP as required by the Nigeria EIA public notice and review procedures

5

Disclosure at the TCN office

The PIU will disclose the ESMP as required by the Nigeria EIA public notice and review procedures

6

Disclosure at the Local Government Office where Business Units are Located

The purpose will be to inform stakeholders about the program’s activities; environmental and social impacts anticipated and proposed environmental and social mitigation measures.

7

Disclosure on the World Bank external website and InfoShop.

The ESMF will be disclosed according to the World Bank Disclosure Policy- OP/BP 17.50

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER ONE

INTRODUCTION

1.1  Background to DISREP

The Federal Government of Nigeria (FGN), in March 2017, initiated the Power Sector Recovery Program (PSRP) which is a comprehensive framework for addressing low and inefficient performance in the power sector through four key pillars – (i) Policy and Regulatory Environment; (ii) Network Infrastructure; (iii) Operational Efficiency; and (iv) Financial Sustainability. After the PSRP suffered a period of stalled implementation, strong ownership and commitment from the present government is driving PSRP implementation but strengthening in key areas is still required for desired and expected results. Consequently, the World Bank has proposed a large integrated programmatic engagement to support the FGN’s comprehensive reform effort starting with financing, through a PSRP Programs for Results (PforR[1]). The programmatic engagement will involve a series of integrated operations under two streams – i) Power Sector Recovery (PSR) PforRs and ii) Distribution PforRs, to holistically address the sector issues.

1.1.1 Power Sector Recovery (PSR) PforRs

The PSR PforRs will help establish policy, regulatory, contractual and financing conditions for power sector companies (Generation Companies – GENCOs; Transmission Company of Nigeria – TCN and Distribution Companies – DISCOs) to improve performance. The PSR PforR supports three results areas of the FGN’s PSRP which are increased reliability of electricity supply; financial sustainability and enhanced accountability.

 

1.1.2 Distribution PforRs

Specifically, to address power sector recovery for the distribution sub-sector, the World Bank has developed the Distribution Sector Recovery Program (DISREP). The proposed DISREP involves financing and supporting the key elements of the FGN’s PSRP program of activities through the on-lending by the Bureau of Public Enterprises (BPE) to a selected number of majority private DISCOs. PforR financing is identified as the most relevant instrument for the proposed DISREP. The financing will be for implementation of a wide variety of DISCO-led activities and expenditures across the distribution sub-sector. The PforR instrument allows for disbursement based on the achievement of specified indicators, based on the aggregated results of all sub-projects within each DISCO, rather than financing specific sub-projects individually. Support for majority private DISCOs is considered necessary given that the underperformance of the DISCOs is having country-wide implications on all parts of the Nigerian economy and population. Essentially, without public sector/World Bank support, the DISCOs, in their current financial state, will be unable to turn-around their performance and the severe impacts on the economy will continue. Moreover, the DISREP operation supports DISCOs in their implementation of approved PIPs and the Nigeria Electricity Regulatory Commission (NERC), in their oversight of the performance of the distribution sub-sector. The DISREP is a hybrid operation, combining Program for Results (PforR), Investment Project Finance (IPF) and Technical Assistance (TA) components targeted at supporting improvement of DISCOs in their operational performance, service delivery and governance.

Generally, the PforR support to be provided for DISREP, has been designed to achieve three (3) result areas (Result Areas 1[2],2[3] and 3[4]). While the potential environmental and social risks and impacts for the broader PforR Program, will be addressed under an Environmental and Social Systems Assessment (ESSA) being prepared by the Bank, to assess environmental and social systems and capacities of the DISCOs, Nigerian Electricity Management Services Agency (NEMSA), BPE, TCN and NERC etc.; this Environmental and Social Management Framework (ESMF) applies to the IPF/TA component of the Program and the risk associated with the IPF/TA activities. Overall, meeting the Program Development Objectives (PDOs) will improve access to and reliability of electricity services in Nigeria, especially in cities, towns and rural communities. Thus, supporting businesses, economic activities and livelihoods.

1.2 The Current Situation with Electricity Distribution in Nigeria

Nigeria now has the largest number of people without electrical supply globally and the trend is worsening. With 43% of the population (85 million people) lacking access to grid electricity, Nigeria has the largest access deficit globally. This lack of reliable electricity supply has serious repercussions to Nigeria’s economy and citizens. The annual economic losses caused by Nigeria’s unreliable power supply were estimated at NGN 10.1 trillion (USD 28 billion) or about 2% of the GDP (Source: Power Sector Recovery Plan, Federal Government of Nigeria, 2017). The average annual per capita electricity consumption of Nigeria is 147 kWh, which is a fifth of the average low middle-income country consumption.

Unreliable electricity supply forces firms and households to use alternative, carbon-intensive energy sources such as diesel/petrol-based generators, kerosene, or firewood, which are costly and detrimental to health and the environment. Other alternative energy sources used include solar home systems, solar lanterns/lighting systems, rechargeable batteries, etc. Of the households connected to grid electricity, most experience power cuts daily, as well as frequent voltage fluctuations. Consequently, in rural areas, the inefficient and unsteady supply of electricity, inadvertently lays the burden of ensuring access to energy (through electricity or traditional fuels) predominantly on women and young persons. Additionally, irrespective of the fact that consumers (in urban and rural areas) pay high electricity bills depending on their energy needs, the inability of some DISCOs to meet consumer and customer demands has resulted in consequent adverse impacts on business, economics, infrastructure and social development etc.  

The Electric Power Sector Reform Act was passed in 2005 to improve the performance of the electricity sector. The enactment of the Act created the legal basis for the establishment of NERC and subsequently, the Nigerian Bulk Electricity Trading Company (NBET) in 2010. Following the passage of the Act, the sector was unbundled into six generation companies (GENCOs), eleven distribution companies (DISCOs) and the Transmission Company of Nigeria (TCN). The privatization of the DISCOs and GENCOs was largely completed in 2013 (with the exception of Yola DISCO), which services the north-eastern part of the country. The transition from a publicly owned to a largely privately-owned power sector has not brought the expected outcomes and the sector is under severe stress. Assessment of the power sector deficiencies in ensuring efficient and sufficient electricity supply to consumers, has largely been attributed to the DISCOs. High losses (both technical and non-technical) and low collections, coupled with average tariffs below cost, have resulted in an annual financial deficit in the sector in 2019 of approximately NGN 592 Billion (USD 1.65 Billion), of which NGN 524 Billion (USD 1.46 Billion) is due to the tariff shortfall. In total, the accumulated tariff shortfall was NGN 1,678 Billion (USD 4.69 Billion) between 2015 and 2019. The poor financial viability of the eleven DISCOs, which to a certain extent is caused by the inability of NERC to provide regular tariff adjustments since 2015, has resulted in low remittances to NBET under the Vesting Contracts (the estimated average remittance was about 29% for 2018).

 

1.3    Program Development Objectives and Level Result Indicators

The Program Development Objective(s) (PDO) and PDO Level Results Indicators for DISREP are provided subsequently.

Program Development Objective(s): The Program Development Objective (PDO) is to improve financial and technical performance of the electricity distribution companies. Consistent with the PSRP, the DISREP seeks to achieve this objective by supporting the distribution sector invest in the infrastructure and operational improvements required to turn-around their technical and financial performance, in line with approved PIPs.

PDO Level Results Indicators: The Program supports results in three areas: (1) improved DISCO operational performance; (2) enabling commercial diversification of electricity market; and (3) strengthened corporate governance and transparency. The following outcome indicators will be used to measure achievement of the PDO:

  • PDO Indicator 1: Percentage of metered customers increases;
  • PDO Indicator 2: Annual electricity billed for increases; number of grids with improved stability, reliability and/or capacity to reduce technical losses
  • PDO Indicator 3: Annual collection of billed electricity increases;
  • PDO Indicator 4: Annual verification of DISCOs compliance with Code of Corporate Governance.

 

1.3 Rationale for the Environmental and Social Management Framework (ESMF)

The ESMF is used when a project consists of a program and/or series of subprojects, where the entire range of environmental and social safeguard issues involved are not fully known. It involves the use of management plans that spell out mitigation and monitoring actions and responsibilities necessary to ensure safe and sound environmental and social sustainability of the project, during its implementation course. The ESMF serves as a statement of the policy, principles, institutional arrangements and procedures that high-level decision makers and stakeholders at the project management level will follow in implementing each sub-project so as to effectively and satisfactorily address environmental and social issues. This ESMF identifies Environmental and Social Standards (ESS) as contained in the Environmental and Social Framework (ESF) applicable to the IPF component of DISREP. The Federal Ministry of Power, through TCN will disclose this ESMF document in-country publicly, so that it is accessible by the general public – interested parties and potential Project Affected Persons (PAPs). The World Bank rightfully will disclose the ESMF on its external website before project appraisal. 

 

Additionally, the application of the ESMF to DISREP, enables the preparation of standardized environmental and social assessment documents for appraisal and implementation. Although the environmental and social risks and impacts of the general PforR program are adjudged to be moderate and consistent with the Bank Policy for PforRs financing, the envisaged potential environmental and social risks and impacts of the IPF component addressing aspects of DISREP are likewise also classified as moderate. Specifically, the IPF will support i) NERC in addressing problems of inadequate data availability, inconsistent data quality, and irregular reporting of the sector operators, through establishing a Data Aggregation Platform (DAP), and ii) Bulk procurement and distribution of meters to DISCOs warehouses.  Though the design, sub-activities and extent of bulk meter procurement and distribution are unknown at this time, the potential environmental and social risks and impacts resulting from this support, inform the need for the ESMF.

 

The main justification for the ESMF is embedded on the basis that the World Bank Environmental and Social Policy for IPF sets out the requirements which the Bank must follow regarding projects it supports through IPF. Importantly, these programs or projects may include technical assistance supported by the Bank through IPF, as in the case of DISREP (See Chapter 3 of this Report), whether they are stand-alone projects or part of a project. Moreover, the Bank’s Environmental and Social Standard 1 (ESS1: Assessment and Management of Environmental and Social Risks and Impacts) (See Chapter 2, sub-section 2.3.1) applies to all IPF programs/projects.

 

 

1.4    Objectives of the ESMF

The ESMF at a broader and higher level, addresses the difficulties inherent in defining what the actual environmental and social risks and impacts of the project in terms of scope, scale of activities and likely impacts might be, thus enabling guidance and support for effective decision making in order to ensure that implementation processes are environmentally and socially sound and sustainable. The ESMF will provide the borrower and its implementing Ministries, Departments and Agencies (MDAs) and other implementing partners with an environmental and social screening process that will enable streamlined identification, assessment and mitigation of potential environmental and social risks and impacts associated with the DISREP sub-projects. The ESMF will be useful at all stages of the project, such as in the identification and screening of sub-projects, including their implementation and operation stages as well as to guide and inform decision makers on how the applicability of the Environmental and Social Standard (ESSs) are established during the implementation of sub-projects. The framework will encourage a participatory approach to the preparation of sub-projects in respective DISCOs, also with consideration to the biophysical and socio-economic environments where they are located. Furthermore, considering the applicability of ESS 10: Stakeholder Engagement and Information Disclosure, and its importance in project planning, implementation and performance assessment, the ESMF will provide an overview of consultation and participation activities to be carried out in various stages of the project.

 

1.5    ESMF Study Approach and Methodology

This ESMF was prepared in accordance with standard procedures for environmental and social assessment including World Bank Environmental and Social Standards (ESSs), other relevant international environmental and social assessment regulations and guidelines, and the Nigerian environmental assessment guidelines.

Subsequently, a literature review of applicable World Bank ESSs, Nigeria Environmental laws, policies and regulatory frameworks, ESMFs for Nigeria Electricity Transmission Project (NETAP), Nigeria Electricity and Gas Improvement Project (NEGIP), Nigeria Electrification Project (NEP), Nigeria Transmission Development Project (NTDP), etc., was undertaken. Due to the current COVID-19 pandemic, stakeholder engagement and consultations were conducted following provisions in the “Public Consultations and Stakeholder Engagement in WB-supported Operations when there are Constraints on Conducting Public Meetings Guidelines”.  Key stakeholders included the Federal Ministry of Power, NERC, TCN, BPE, and DISCOs.

 

1.6    Revision/Modification of the ESMF

The ESMF will be a ‘live document’ enabling revision, when and where necessary. Any unexpected situations and/or relevant changes in the design would be assessed and appropriate management measures would be incorporated by updating the ESMF. Revisions will require the Non-Objection from the World Bank.

 

1.7    ESMF Procedures for Screening and Institutional Arrangements

This ESMF report outlines procedures for screening sub-projects, eligible for environmental and social assessment, and provides guides to mitigation measures to form part of the Environmental and Social Management Plan (ESMP). It also describes the monitoring procedures and institutional responsibilities for ensuring sustainable environmental and social performance of the program and sub-project.

Institutional Arrangements – The institutional arrangements for implementing the ESMF are described in Chapter 7 of this report. The arrangements are established on the basis of the DISREP IPF component implementation arrangements; stakeholder analysis and feedback; relevance in activities supported by the IPF component, and understanding of the operations of the distribution sub-sector.

 

 

 

CHAPTER TWO

LEGAL, REGULATORY AND ADMINISTRATIVE FRAMEWORK

Several laws and regulations apply to the energy sector, and specifically to electricity distribution in Nigeria. Thus, several laws, policies, instruments and administrative frameworks are available to support sustainable environmental and social management. The ESMF aims to identify the range of obligatory environmental and social management measures including sectoral guidelines to be undertaken and followed, respectively during the planning, design, implementation and operation phases of DISREP (with considerations to the IPF components) so as to ensure compliance with the World Bank ESF as well as environmental and social compliance requirements of the Government of Nigeria. For this purpose, a number of legal, regulatory and administrative frameworks are essential to guide policy considerations and decision making in implementation of the program. These include the following:

 

2.1 Legal and Regulatory Frameworks

2.1.1 Federal Ministry of Environment Regulations and Guidelines

Federal Ministry of Environment 

The Federal Ministry of Environment is the apex policy making body responsible for addressing environmental issues in Nigeria. To fulfil this mandate, the main instruments in ensuring that environmental and social issues are mainstreamed into development projects is the Environmental Impact Assessment (EIA) Act No. 86 of 1992. With this Act, the FMEnv prohibits public and private sectors from embarking on major prospects or activities without due consideration, at early stages, of environmental and social risks and impacts. The act makes an EIA mandatory for any development project and prescribes the procedures for conducting and reporting EIA studies. As part of the effective utilization of the EIA tool, the Ministry has produced Sectoral Guidelines detailing the necessary requirements of the EIA process for each Sector. One of these Sectoral Guidelines that apply to the proposed project is the ‘Sectoral Guidelines on Infrastructure Development.

Other relevant legal and regulatory frameworks on environment are described in Table 1 below.

Table 1: Other Legal and Regulatory Frameworks on Environment

S/N

Regulations

Year

Provisions

 

 

1

National Policy on the Environment

2016

Coordinates environmental protection and natural resources conservation for sustainable development

2

National Environmental Standards and Regulations Enforcement Agency (NESREA Act)

2007

Established to ensure compliance with environmental standards, guidelines and regulations.

3

National Environmental (Ozone Layer Protection) Regulations,

2009

Seeks to prohibit the import, manufacture, sale and the use of ozone depleting substances

4

National Environmental (Soil Erosion and Flood Control) regulations

2011

The overall object of the regulation is to check all earth disturbing activities, practices, development for non-agricultural. Commercial, industrial and residential purposes

5

National Guidelines on Environmental Audit

2011

These are designed to serve as a reference for compliance with the Environmental Audit requirements of the FMEnv. It states that it is mandatory for a company to carry out an audit every 3 years or at the discretion of the Hon. Minister of the FMEnv

5

National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations.

1991

Regulates the collections, treatment and disposal of solid and hazardous wastes from municipal and industrial sources.

6

National Guideline and Standard for Environmental Pollution Control

1991

The regulations provide guidelines for management of pollution control measures.

7

Workmen Compensation Act

1987

Occupational health and safety

8

Urban and Regional Planning Decree No. 88

1992

Planned development of urban areas (to include and manage waste sites)

9

State waste management laws

1991

Ensure proper disposal and clearing of wastes

10

National Environmental (Hazardous Chemicals and Pesticides Regulations)

2014

The objective of the regulation is to protect human health and the environment from the hazardous effects of chemicals and pesticides.

10

Public Health Law

2014

Covering public health matters

11

National Guidelines on Environmental Management Systems (EMS)

1999

Recognizes the value of EMS to EIA and sets out objectives and guideline on general scope and content of an EMS

12

National Guidelines and Standards for Water Quality

1999

It deals with the quality of water to be discharged into the environment, sets standards and discharge measures for a wide range of parameters in water discharged from various industries. It also sets out the minimum/maximum limits for param in drinking water

13

National Air Quality Standard Decree No. 59

1991

The World Health Organization (WHO) air quality standards were adopted by the then Federal Ministry of Environment (FMEnv) in 1991 as the national standards. These standards define the levels of air pollutants that should not be exceeded in order to protect public health.

14

National Policy on Flood and Erosion Control (FMEnv)

2006

This policy addresses the need to combat erosion in the country utilizing the procedures outlined in the National Action Plan for Flood and Erosion Control and Technical Guidelines, developed by the WIC Environmental Committee which was set up to plan an operational platform for these issues

15

National Environmental (Energy Sector) Regulations, S. I. No 63

2014

The purpose of these Regulations is to prevent or minimize pollution and encourage energy efficiency in all operations and ancillary activities of the energy sector in achieving sustainable economic development in Nigeria

 

Other relevant statutes and laws related to Environmental and Social Management and Protection in Energy and Electricity Distribution include:

  • Consumer Protection Council Act 66 (1992)
  • Federal Solid and Hazardous Waste Management Regulations (1991)
  • Harmful Waste (Special Criminal Provisions) Act (2004)
  • Land Use Act (1978)
  • National Environmental Protection (Effluent Limitation) Regulations, (1991)
  • National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations, (1991)
  • National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulation, (1991)
  • National Gender Policy (2008)
  • National Guidelines on Environmental Management Systems (EMS) (1999)
  • Nigeria Labour Law (2004)
  • Occupational, Health and Safety Act (OSHA), 2007
  • Penal Code Act (cap.63)
  • Public Health Act (Cap. 242)
  • Rehabilitation, Reconstruction and Development Act, 1990
  • Social Development Act (1974)
  • Standard Organization of Nigeria (SON) Act – Retained as Cap 412
  • The Child Rights Act (2003)
  • The Factories Acts 1990 being implemented by the Factories Inspectorate Division of Federal Ministry of Labour and Productivity (FMLP).
  • Workers Compensation Act (2010)

 

2.1.2 Relevant Energy Sector Policies, Regulations and Guidelines

The following are the applicable regulations, guidelines and standards which affect the Energy Sector.

 

Federal Ministry of Power

The Federal Ministry of Power develops and implements policies for the provision of adequate and reliable power supply in Nigeria. The policy establishing the Ministry extends its responsibilities to influence generation, transmission and distribution projects in the sector, thus it provides general direction and facilitates the emergence of private sector participation towards a competitive and efficient electric power industry.

 

2.1.2.1 National Energy Policy, 2018 (Updated)

The national energy policy recognizes the multi-dimensional nature of energy and therefore addresses diverse issues such as research and development, energy pricing and financing, legislation, energy efficiency, environment etc. The overall thrust of the energy policy is the optimal utilization of the nation’s energy resources for sustainable development with the active participation of the private sector. Essential and sensitive policies associated with the National Energy Policy and relevant to DISREP include:

2.1.2.2 Electricity Policy, 2018

The objectives of the Electricity Policy are to make electricity available, accessible, affordable and reliable 100% to the population by the year 2030. It seeks to stimulate industrialization in the rural areas in order to minimize rural-urban migration, and to provide reliable, stable and secured power supply to the populace consumers, especially to industries. Furthermore, the policy supports broadening the energy options for generating electricity, attracting adequate investment capital, both foreign and domestic, for the development of the electricity industry and to maximize access by Nigerians to the investment opportunities in the electricity industry. Other new policies under the National Energy Policy are:

  • Policy on Energy Utilization, 2018
  • Energy Efficiency and Conservation Policy, 2018
  • Environment and Climate Change Policy, 2018
  • Policy on Other Energy Issues, 2018
  • Policy on Energy Financing, 2018

 

2.1.2.3 Electric Power Sector Reform Act, 2005

The Electric Power Sector Reform (EPSRA) Act, 2005 can aptly be described as the foundation of the restructured power sector in Nigeria. The Act, which evolved from the National Electric Power Policy adopted in 2001, established the basis under which private companies can now participate in the generation, transmission and distribution of electricity. The Act amongst others:

  • Provides for the creation of a holding company for the assets and liabilities of the then National Electricity Power Authority (NEPA).
  • Provides for the unbundling of the Power Holding Company of Nigeria (PHCN) through the formation of several companies to take over the assets, liabilities, functions and staff of the PHCN.
  • Establishes the Nigeria Electricity Regulatory Commission.
  • Provides for the development of a competitive electricity market.
  • Provides the basis for determination of tariffs, customer rights and obligations and other related matters.

2.1.2.4 Selected Regulations made by NERC

The EPSR Act conferred on NERC, the powers to make regulations necessary to give effect to the provisions of the Act. Some key regulations that have been made by NERC are presented in Table 2 below:

 

Table 2: Selected Electricity Regulations by NERC

S/N

Regulations

Year

Provisions

 

 

1

Regulations for the Investment in

Electricity Networks

2015

These regulations provide for the procedure for investing in electricity networks in Nigeria. The objectives of these Regulations are mainly to create strong incentives to encourage TCN and the DISCOs to make appropriate and sustainable investments in capacity expansion.

2

Nigerian Electricity Supply and Installation Standards Regulations

2015

The regulations are a compendium of standards for the design, construction and commissioning of electrical infrastructure in the Nigerian Electricity Supply Industry. The regulations were issued by NERC to replace the Electricity Supply (S. I. 5) Regulations and the Electrical Installation Regulations (S.I.6) of 1996 issued under the repealed Electricity Act.

3

Regulations on National Content

Development for the Power Sector

2014

The objective of the regulation is to promote the deliberate utilization of Nigerian human and material resources, goods, works and services in the industry as well as building capabilities in Nigeria to support

increased investment in the industry.

4

NERC (Independent Electricity Distribution Networks) Regulation

 

2012

These Regulations provide a legal and regulatory

framework for the issuance of licences to qualified operators to engage in electricity distribution, independent of the already existing PHCN Successor distribution companies, and to ensure compliance with set standards.

 

2.1.2.5 International Treaties/Agreements/Conventions Applicable to the Sub-projects

These include:

  • Bamako Convention on Ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991)
  • Basel Convention on the control of Transboundary Movement of Hazardous Wastes and their Disposal (1991)
  • Convention on Oil Pollution Preparedness, Response, and Co-operation (1990)
  • International Energy Charter (2015)
  • Protocol on Water and Health (1999)

 

Relevant International Labour Organization (ILO) Instruments

  • Convention concerning Safety in the use of Chemicals at Work (Entry into force: 04 Nov 1993) Adoption: Geneva, 77th ILC session (25 Jun 1990) – Status: Up-to-date instrument (Technical Convention)
  • ILO Convention on the Safety of Chemicals at the Workplace, 1990 (No.170)
  • Occupational Health Services Convention, 1985 (No.161)
  • Occupational Safety and Health Convention (1981) and its Protocol of 2002
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

 

2.1.3 Gender Based Violence – Relevance, Legal and Policy Importance in Nigeria

2.1.3.1 Nigeria Legal and Regulatory Framework on GBV

Nigeria’s national government has taken steps to penalize and address GBV and SEA, although a clear leadership with the leverage to garner multi sectoral support to address this complex problem seems absent. The institutional champion of women’s and children’s rights and GBV issues within the government is the Federal Ministry of Women Affairs and Social Development (FMWASD). But it has limited influence on sectoral ministries who need to enforce policy, insufficient budgetary resources[5] and insufficient institutional capacity to enact its mandate.

The regulatory framework to address GBV, SEA and VAC is uneven because the Nigerian legal system is plural, and different legal systems co-exist, namely, the statutory law, Sharia law in the northern regions, and customary law in rural areas. The simultaneous application of this three-tier system creates differentiated degrees of protection to women’s and children’s rights[6] which varies in every state and its enforcement is weak. There is a lack of clear mandates regarding which institutions oversee child protection and the design and implementation of violence prevention strategies and the provision of services. Insufficient budget allocation both at national and state levels, coupled with inadequately trained and staffed structures to provide social welfare, justice, education and health services that are women, child and survivor centred. While efforts to provide GBV survivors with basic response services are concentrated in the NE by international non-governmental organizations or the UN system, there are very limited government or non-governmental services in the rest of the country, those that exist are for the most part unregulated, uncoordinated and unpredictable.[7] This is aggravated by a generalized lack of trust of citizens, particularly women, in the criminal justice system to enforce the existing laws. Moreover, lack of awareness of laws and knowledge of rights, amidst a context dominated by social norms that legitimate the perpetration of abuse, stigma and underreporting, results in the consequent impunity of perpetrators, possible re-victimization of survivors and the reproduction of the cycle of violence.

Nigeria has ratified or acceded to the core international human rights treaties and is a party to the major regional human rights instrument which obliged States to respect, protect and fulfil human rights of all persons within the territory and subject to the jurisdiction of the State, without discrimination. Rape may violate several human rights obligations enshrined in the instruments ratified by Nigeria and is also a form of gender-based violence and a brutal manifestation of violence against women, children and men. Also, bias and unfairness towards certain genders with regards employment; promotion, privacy in using bathrooms or restrooms and granting of work-related benefits, may also communicate gender-based violence. As a State party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the “Maputo Protocol”), Nigeria has made legally binding commitments to exercise due diligence to combat gender-based violence and discrimination and has signed international treaties as such. These include:

 

  • Convention concerning the Prohibition and Immediate Action for the Elimination of the worst forms of Child Labour (2002)
  • Discrimination (Employment and Occupation) Convention
  • Equality of Treatment (Accident Compensation) Convention (1925)
  • International Convention on the Elimination of All Forms of Racial Discrimination (1976)
  • Optional Protocol to the Convention on the Rights of Persons with Disabilities (2007)
  • The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1985),
  • The Convention on the Rights of Persons with Disabilities (CRPD) (2012)
  • The International Covenant on Civil and Political Rights (ICCPR) (2004);
  • The International Covenant on Economic, Social and Cultural Rights (ICESCR) (2004)

 

Regional Treaties Relevant to GBV, SEA, VAC and People Living with Disabilities

  • Abolition of Forced Labour Convention (1957)
  • Convention Against Torture & other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 2001
  • Convention on the Rights of Persons with Disabilities (2007)
  • The Convention on the Rights of the Child (CRC) (1990),
  • The National Action Plan for the Implementation of United Nations Security Council Resolution 1325 (2009);
  • The Protocol to the ACHPR on the Rights of Women in Africa (the “Maputo Protocol”) (2007).

 

Besides, Nigeria also has obligations to protect the environment through various commitments to the African Union, the Economic Community of West African States and the Commonwealth.  It is also committed through relations with the European Community under the Lome IV Convention.

 

2.2 Administrative Structure for the Energy Sector in Nigeria

Federal Ministry of Power (FMP): The FMP is the Government administrative arm that deals with policy formulation and provides general direction to other agencies involved in the power sector. In carrying out its functions, it is guided by the provisions of the National Electric Power Policy, 2001, the Electric Power Sector Reforms (EPSR) Act, 2005, the Roadmap for Power Sector Reform, 2010 as well as the Transformation Agenda on Power of the Federal Government. Oversight functions in the Ministry are the responsibility of the Honourable Minister and the Permanent Secretary.

 

Nigerian Electricity Regulatory Commission (NERC): The Nigerian Electricity Regulatory Commission (NERC) was established by the EPSRA, 2005. It is an independent regulatory agency mandated to regulate and monitor the Nigerian power sector. The activities of the NERC are coordinated by an Executive Chairman, who is assisted by a Deputy, and a group of Commissioners who manage and control the NERC’s various departments.

Energy Commission of Nigeria: The Energy Commission of Nigeria (ECN) was established in 1988 with the statutory mandate for strategic planning and coordination of national policies in the field of energy. It was established in line with the declaration of the Heads of The Economic Community of West African States (ECOWAS) in 1982 for the establishment of an Agency in each member state charged with the responsibility of coordinating and supervising all energy functions and activities.

Rural Electrification Agency: The Rural Electrification Agency (REA) is a Federal Government Parastatal under the Federal Ministry of Power. It was established by the EPSR Act with the statutory functions of promoting, supporting and providing electricity access to rural and semi-urban areas of the country. The Agency also administers the Rural Electrification Fund (REF). The purpose of the REF is to promote, support and provide rural electrification programmes through public and private sector participation in order to achieve more equitable regional access to electricity, and promote the expansion of the grid and development of off-grid electrification.

Electricity Management Services Ltd (EMSL): EMSL was established by the Federal Government to take over the responsibilities of some non-core operational and subsidiary assets of the defunct PHCN and with the mandate to provide ancillary and support services to the electricity generation, transmission, distribution sectors of the rapidly evolving electric power sector, end-user consumers and other related businesses.

Presidential Task Force on Power: The Presidential Task Force on Power (PTFP) was established in 2010 to drive the implementation of the reform of Nigeria’s power sector. The role of the PTFP is to co-ordinate the activities of the various agencies charged with ensuring the removal of legal and regulatory obstacles to private sector investment in the power industry. It also has the mandate to monitor the planning and execution of various short-term projects in generation, transmission, distribution and fuel-to-power that are critical to meeting the stated service delivery targets of the power sector roadmap. The PTFP is administered by a Board of Directors headed by a Chairman.

Niger Delta Power Holding Company Limited: The Niger Delta Power Holding Company Limited (NDPHC) is a special purpose vehicle jointly owned by the three tiers of government (Federal, State and Local). It is charged with the responsibility for the implementation of the National Integrated Power Project (NIPP). The Government conceived the NIPP in 2004 as a fast-track government- funded initiative to stabilize Nigeria’s electricity supply system while the private-sector led structure envisaged in the EPSR Act develops. Wholly-owned subsidiaries of NDPHC own each of the ten (10) power generation stations that have been developed under the NIPP. The Managing Director is the Chief Executive officer of the NDPHC.

 

Nigerian Bulk Electricity Trading Plc: The Nigerian Bulk Electricity Trading Plc (NBET) is a government-owned public liability company. The Bureau of Public Enterprises and Ministry of Finance Incorporated are its two shareholders with shareholdings of 80% and 20%, respectively. The NBET, established in line with the provisions of the EPSR Act, is an electricity trading licensee that engages in the purchase of electrical power and ancillary services (from independent power producers and the successor generation companies) and subsequent resale to distribution companies and eligible consumers. It is not envisaged to be the sole authorized or designated electricity buyer, as other entities, such as distribution companies that have attained commercial viability, will also be able to procure power directly from the generation companies.

 

Operator of the Nigerian Electricity Market: The Operator of the Nigerian Electricity Market (ONEM) is licensed to function as the Market Operator of the wholesale electricity market of the Nigerian electricity supply industry. It is responsible for the operation of the electricity market and settlement arrangements. A key function of the ONEM is the administration of the metering system among generation, transmission and distribution companies.

 

Nigeria System Operator: The Nigeria System Operator (NSO) is licensed to provide system operation services to the Nigerian electricity supply industry. The NSO is primarily responsible for the planning, dispatch and operation of the transmission system. It is also responsible for the security and reliability of the electricity network grid.

 

National Power Training Institute of Nigeria: The National Power Training Institute of Nigeria (NAPTIN) was established in 2009 to serve as a focal point for human resource development and workforce capacity building, and act as a research centre on matters relating to power in Nigeria. A key objective of the Institute is to design, develop and deliver a wide variety of training courses that will enhance the skills and capacity of both technical and non-technical power utility personnel.

 

Nigeria Electricity Liability Management Company Limited: The Nigeria Electricity Liability Management Company Limited (NELMCO) was established in 2006 as a company limited by guarantee, to assume and manage the non-core assets, all liabilities and other obligations that would not be taken over by the successor companies. This is to ensure that the successor companies are not encumbered by these liabilities at take-off.

 

2.2.1 Administrative Structure of Environmental Regulatory Bodies and Agencies in Nigeria

Besides the Federal Ministry of Environment, several other agencies are involved in enforcing environmental compliance in Nigeria, and are relevant to DISREP. These include:

 

National Environmental Standards and Regulations Enforcement Agency (NESREA) – is an environmental agency of the Federal Government of Nigeria that was established by law in 2007 to “ensure a cleaner and healthier environment for Nigerians”. The agency functions as a parastatal of the Federal Ministry of Environment and is headed by a Director General who is also the chief executive officer. NESREA has recorded several achievements in the area of environmental compliance monitoring and enforcement since its establishment, including the enactment of several regulations pertaining to environmental protection, monitoring environmental compliance and enforcement actions. NESREA has established the application of the extended producer responsibility principle in e-waste management especially.

 

State Environmental Protection Agencies (SEPAs) – The SEPAs enforce environmental regulatory compliance at the state levels respectively. They are mainly responsible for ensuring the overall protection of various aspects of the built, physical and biological environment by ensuring limits set by the FMEnv are not exceeded during development works, also ensuring that building constructions meets environmental requirements, proper siting of factories, air, noise, water quality monitoring etc. In some cases, they may be directly involved in waste management activities or allow the responsibility for wate management to be handled by the State Waste Management Agencies (SWMAs).

 

State Waste Management Agencies (SWMAs) – Generally at the state level, the SWMAs undertake the task of providing guidelines or enforcing proper waste management procedures. In some instances, the SWMAs may have designated dumpsites for specific types of waste and guide the process for waste conveyance to the dumpsites by waste generators or procure the services of licenced waste collection vendors to carry out the services of waste collection, treatment and final disposal.

 

2.3 World Bank Environmental and Social Framework (ESF)

The World Bank Environmental and Social Framework sets out the Bank’s commitment to sustainable development, through a Bank Policy and a set of Environmental and Social Standards that are designed to support Borrowers’ projects, with the aim of ending extreme poverty and promoting shared prosperity.

 

2.3.1 Environmental and Social Standards (ESSs)

The Environmental and Social Standards (ESSs) set out the requirements for Borrowers relating to the identification and assessment of environmental and social risks and impacts associated with projects supported by the Bank through IPF. The Bank believes that the application of these standards, by focusing on the identification and management of environmental and social risks, will support Borrowers in their goal to reduce poverty and increase prosperity in a sustainable manner for the benefit of the environment and their citizens. The standards will: (a) support Borrowers in achieving good international practice relating to environmental and social sustainability; (b) assist Borrowers in fulfilling their national and international environmental and social obligations; (c) enhance non-discrimination, transparency, participation, accountability and governance; and (d) enhance the sustainable development outcomes of projects through ongoing stakeholder engagement. The ESSs are:

 

ESS 1 Assessment and Management of Environmental and Social Risks and Impacts,

ESS 2 Labour and Working Conditions,

ESS 3 Resource Efficiency and Pollution Prevention and Management,

ESS 4 Community Health and Safety,

ESS 5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement,

ESS 6 Biodiversity Conservation and Sustainable Management of Living Natural Resources,

ESS 7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities,

ESS 8 Cultural Heritage,

ESS 9 Financial Intermediaries,

ESS10 Stakeholder Engagement and Information Disclosure

 

2.3.2 Applicability of the Environmental and Social Standards (ESSs) to DISREP

All ESSs apply to projects supported by the Bank through IPF. Due to the envisaged potential environmental and social risks and impacts associated with the IPF component of DISREP, the following ESSs are of relevance. See Table 3 below.

Table 3: ESSs Relevant to DISREP

S/N

Environmental and Social Standards (ESSs)

Relevance to DISREP

1

ESS 1 Assessment and Management of Environmental and Social Risks and Impacts

 

ESS 1 sets out the Borrower’s responsibilities for assessing, managing and monitoring environmental and social risks and

impacts associated with each stage of a project supported by the Bank through IPF, to achieve environmental and social outcomes consistent with the ESSs. With regards to DISREP, activities involving bulk procurement and supply of meters to the DISCOs’ warehouses; resulting in the subsequent generation of wastes from containers used in packaging, and e-wastes generated from disused meters, ancillary equipment and materials may pose potential environmental and social risks and impacts. In this regard, project management responsible for the IPF component will conduct environmental and social assessments for IPF component activities (meters procurement, transportation, storage and supply; DAP procurement, transportation, installation and operation, and e-waste management) which should be proportionate to their identified risks and impacts. The TA component activities are judged to be low-risk and generally beneficial (No environmental and social assessment will be required. See Chapter 5).

2

ESS 2 Labour and Working Conditions

 

The applicability of ESS 2 is established during the environmental and social assessment process (ESS 1).  From the Bank’s perspective, IPF should ensure that Bank funded projects promote safety and health at work, fair treatment, non-discrimination and equal opportunity of project workers; including the protection of vulnerable workers such as women, persons with disabilities, migrant workers, contracted workers, community workers, primary supply workers and children (of working age, in accordance with this ESS and national Child Labour Laws), as appropriate etc. More so, considering the roles of workers in the DISCOs, specifically to proposed activities under the Program, and broader social aspects such as GBV and SEA, the applicability of ESS 2 is mandatory. A Labour Management Procedure (LMP) for DISREP is being prepared under the IPF Component as a Stand-alone document

3

ESS 3 Resource Efficiency and Pollution Prevention and Management

 

The objectives of ESS 3 aim to promote the sustainable use of resources, including energy, water and raw materials. Additionally, amongst many, it aims to minimize adverse impacts on human health and the environment by avoiding or minimizing pollution from project activities. The IPF component of DISREP will fund bulk procurement of meters, which is likely to result in waste generation. Although the types of wastes are not fully known at this stage of project conceptualization; pollution prevention and management are foreseeable and therefore a critical aspect of DISREP activities (country-wide transportation of meters, etc.). The applicability of ESS 3 is established in the environmental and social assessment.

4

ESS 4 Community Health and Safety

 

In line with ESS 4, some DISREP project activities under IPF (meter supply and distribution), may increase community exposure to risks and impacts such as traffic and risk of accidents. The DISCOs in Nigeria cover electricity supply according to a “zonal arrangement[8]” extending to states, cities and rural areas. Most DISCO infrastructure such as business units, sub-stations, repair shops, transformers, feeders etc are located in communities, where operations and activities associated with DISREP may expose community members to adverse environmental and social risks and impacts. The applicability of ESS 3 is established in the environmental and social assessment

5

ESS10 Stakeholder Engagement and Information Disclosure

 

ESS 10 applies to all projects funded by the Bank through IPF. At all levels of implementation of DISREP, a systematic approach to stakeholder engagement relevant to the program design, PDOs, and expected results is mandatory. Open and transparent engagement, recording suggestions and concerns; including assessing the level of stakeholder interest and support is essential for decision making at the institutional and administrative level of DISPREP. This is critical throughout the program life cycle and is expected to extend even during project implementation. The application of ESS 10 to DISREP will provide the platform for participatory harmony, essential to the valued involvement of Interested Parties and PAPs. A Stakeholder Engagement Plan (SEP) for DISREP is being prepared under the IPF Component as a Stand-alone document

 

2.4 Harmonization of the Nigeria EA Guidelines and the World Bank ESF

The Environmental Impact Assessment Act CAP E12 LFN 2004 requires that development projects be screened for their potential impact. Based on the screening, a full, partial, or no Environmental impact assessment may be required. Projects are classified under any of the three categories as follows: According to the provisions of this act, the IPF component is a Category II.

  • Category I projects will require a full Environmental Impact Assessment (EIA).
  • Category II projects may require only a partial EIA, which will focus on mitigation and Environmental planning measures, unless the project is located near an environmentally sensitive area–in which case a full EIA is required.
  • Category III projects are considered to have “essentially beneficial impacts” on the environment, for which the Federal Ministry of the Environment will prepare an Environmental Impact Statement.

Whereas based on the ESF, the Bank will require the Borrower to carry out appropriate environmental and social assessment of subprojects, and prepare and implement such subprojects, as follows:

  1. High Risk subprojects, in accordance with the ESSs;
  2. Substantial Risk, Moderate Risk and Low Risk subprojects, in accordance with national law and any requirement of the ESSs that the Bank deems relevant to such subprojects. The environmental and social assessment will be proportionate to the risks and impacts of the project. It will inform the design of the project and be used to identify mitigation measures and actions and to improve decision making.

The Bank will review the risk classification assigned to the project on a regular basis, including during implementation, and will change the classification where necessary, to ensure that it continues to be appropriate. Any change to the classification will be disclosed on the Bank’s website. It is noteworthy to state that If the Bank is not satisfied that adequate capacity exists on the part of the Borrower, all High Risk and, as appropriate, Substantial Risk subprojects will be subject to prior review and approval by the Bank until it is established that adequate capacity exists. DISREP is classified as a Moderate Risk program

Use of borrower’s environmental and social framework

When a project is proposed for Bank support, the Borrower and the Bank will consider whether to use all, or part, of the Borrower’s ES Framework in the assessment, development and implementation of a project. Such use may be proposed provided this will to address the risks and impacts of the project and enable the project to achieve objectives materially consistent with the ESSs. See table 4 below for comparison between Nigeria environmental laws and the ESSs.


 

 

Table 4:Comparison of Key Elements of Nigerian Environmental and Social Legal Provisions and the World Bank ESF in Relation to DISREP

Key Element

Nigerian Provisions

WB ESF

Comparison

 

 

 

 

ESMF for Programs involving multiple but still unidentified sub-projects.

Not a national requirement

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

No comparison

Screening

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

This law sets out the general principles, procedures and methods of environmental impact assessment in various sectors; similarly, to ESS1, it mandates that development sub-projects or activities be screened in order to ascertain their eligibility for environmental and assessment by the proponent prior to their implementation

Scoping

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

Similarly, to ESS1, it mandates that the nature, scope, environment and preliminary impacts of screened development sub-projects or activities be established so that they guide the preparation of the Terms of Reference for the environmental and social assessment

Environmental and Social Impact Assessment

Guideline

EIA Procedural Guidelines, 1995 EIA Sectoral Guidelines for Power Sector, 2013

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

The sectoral guidelines serve as stringent provisions for considerations in EIAs across various sectors of the economy. These compare to the Banks ESS 1 requirement and the World Bank Group Environmental, Health and Safety Guidelines (EHSGs), which provide provisions to support the ESSs

Environmental Categorization

EIA Procedural Guidelines, 1995 Categories I, II & III

Environmental and Social Risk Classification

The guidelines propose the categorization for projects eligible for EIA mainly on the extent of the potential impacts, their magnitude, spread, range and irreversibility.  This however varies from the Environmental and Social Risk Classification of the Bank, which rather follows a risk-based approach

Environmental and Social

Assessment

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks

and Impacts

Sets out the general principles, procedures and methods of environmental impact assessment in various sectors; it mandates that development sub-projects or activities undertaken by public and private sector establishments with the potential to impact adversely on the environment must undergo Environmental Impact Assessment following their categorization (category I or II)

Environmental and Social Management

Plan

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

Its provisions mandate that an Environmental Management Plan (similar to the Environmental and Social Management Plan – ESMP) for Bank funded projects be part and included in the EIA report

Consultation and Participation

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

ESS 10: Stakeholder Engagement and Information Disclosure

The law mandates that stakeholder consultations be conducted during the EIA process and continuously during project implementation. This is consistent with the requirements of ESS 10 of the.  ESS 10 recognizes the importance of

open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice, and must be read in conjunction with ESS1.

Pollution Prevention and Control

National Environmental Protection (Pollution Abatement in Industries and Facilities Generating Wastes) Regulations, 1991; and National Environmental (Surface & Groundwater Quality Control) Regulations 2011

ESS 3: Resource Efficiency and Pollution Prevention and Management

Sets out clauses and guidelines to be followed and complied with as regards air, water and land pollution. Additionally, it addresses waste generation and management in a consistent way as to ESS 3 which recognizes that economic activity and urbanization often generate pollution to air, water, and land, and consume finite resources that may threaten people, ecosystem services and the environment at the local, regional, and global levels.

Waste and Hazardous Materials

National Environmental Protection (Management of Solid and Hazardous Wastes) Regulations, 1991

ESS 3: Resource Efficiency and Pollution Prevention and Management

Same as above

Labour Conditions

Employee Compensation Act, 2010

Labour Act, 1990

ESS 2: Labour and Working Conditions

Provides comprehensive legislation on conditions of work and employment. Part I sets out general provisions relating to wages, contracts and terms of employment. Part II regulates recruiting, including the licensing of recruiters, and the right to be accompanied by family Part III relates to special classes of workers, including apprentices, women and young persons. This could be consistent with ESS 2 which requires that the Borrower will develop and implement written labour management procedures applicable to the project.

Health and Safety

Factories Act (CAP F1), 2004

ESS 2: Labour and Working Conditions

ESS 4: Community Health and Safety

Same as above

Gender

National Gender Policy 2010

World Bank, Good Practice Note, Addressing Gender Based Violence in Investment Project Financing involving Major Civil Works, 28 September 2018,

Brings a gender perspective into all aspects of planning policy, developing legislation and transformation activities in Nigeria. The gender policy addresses the systematic inequalities between women and men in society without ignoring the

fundamental differences between them. The WB GPN compliments the Policy in the above, and also in providing actual steps in GBV risk assessment and mapping of GBV services which when applied in projects in-country, help to achieve the same objectives of the National Gender Policy

Environmental Monitoring

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

Similar to the provisions in the ESF for the Borrower to monitor the environmental and social performance of the project(s) in accordance with the legal agreement, and likewise in the ESMP (as part of the ESIA or as a stand-alone document) which identifies monitoring objectives; this law requires the same for EIAs prepared for sub-projects.

 

Disclosure and Access to Information

EIA Act Cap E12 LFN 2004

ESS 1: Assessment and Management of Environmental and Social Risks and Impacts

ESS 10: Stakeholder Engagement and Information Disclosure

The law emphasizes that EIAs be publicly disclosed to the public for a period of 21 days for the purpose of access to information. The requirements of ESS 1 and ESS 10 likewise are consistent with information disclosure for environmental and social assessments to stakeholders (Interested parties and Project Affected Persons)

The World Bank Group Environmental, Health and Safety Guidelines (EHSGs), also provides provisions to support the ESSs.

The Environmental, Health and Safety Guidelines[9] are technical reference documents with general and industry-specific examples of Good International Industry Practice (GIIP). When one or more members of the World Bank Group are involved in a project, these EHS Guidelines are applied as required by their respective policies and standards. These General EHS Guidelines are designed to be used together with the relevant Industry Sector EHS Guidelines which guide users on EHS issues in specific industry sectors. For complex projects, use of multiple industry-sector guidelines may be necessary.

 

The Bank developed Good practice notes that the Borrower is obliged to apply appropriate level of performance or measures referred to in the Good practice notes for the subproject activities during preparation of subproject documentation as well as during its implementation.

 

Good Practice Notes

  • World Bank, Good Practice Note Environment & Social Framework for IPF Operations, Non- discrimination and Disability, 2018,
  • World Bank, Good Practice Note, Addressing Gender Based Violence in Investment Project Financing

involving Major Civil Works, 28 September 2018,

  • World Bank, Good Practice Note: Assessing and Managing the Risks and Impacts of the Use of
  • Security Personnel, October 2018,
  • World Bank, Good Practice Note: Environment & Social Framework for IPF Operations Road Safety,
  • October 2019
  • World Bank, Good Practice Note: Environment & Social Framework for IPF Operations Non-discrimination: Sexual Orientation and Gender Identity (SOGI), October 2019.

 

 

 

 

 

 

 

 

 

 

 

CHAPTER THREE

PROJECT DESCRIPTION

 

3.1 DISREP OVERVIEW

DISREP is targeted at increasing access to electricity across Nigeria through new connections and investments that bridge the supply-demand gap.  Also, investments in infrastructure rehabilitation and customer metering will improve the quality and quantity of electricity supply to those already connected as well as improve customer experience through improvements in billing accuracy for currently unmetered customers.  Through the provision of new and improved connections to the power network, DISREP will contribute to reducing the current reliance on alternative, carbon-intensive energy sources such as diesel/petrol-based generators, kerosene, or firewood, which are expensive and are associated with significant health and environmental impacts, including climate impacts. The provision of reliable electricity access in particular will benefit women and girls, with evidence showing that new energy access and improved energy services can improve development outcomes for women and girls and help bridge the gender gap in many communities. The DISREP boundary will be limited to the distribution sub-sector elements of the PSRP and only those investments and interventions detailed in the NERC approved PIPs

 

3.2 Program Components and Emphasis on IPF/TA

DISREP is a hybrid operation, combining Program for Results (PforR), Investment Project Finance (IPF) and Technical Assistance (TA) components targeted at supporting the improvement of DISCOs in their operational performance, service delivery and governance. While the PforR component is expressively described in the PAD, and will be implemented by BPE, the IPF and TA components for which this ESMF addresses, are hereby elaborately described in this section.

3.2.1 Investment Project Financing (IPF) Component

The proposed operation would involve two IPF components for: 1) the NERC DAP, and 2) the bulk procurement of meters for DISCOs. 

IPF Component 1 (IPF1): NERC Data Aggregation Platform. To support NERC in addressing problems of inadequate data availability, inconsistent data quality, and irregular reporting of the sector operators, that impact their ability to monitor sector performance, the IPF1 project will support the scoping and implementation of a comprehensive DAP within NERC. The development and implementation of the DAP will be complemented by the parallel deployment of customer meters and the improvements in data management and reporting by DISCOs

IPF Component 2 (IPF2): Bulk procurement of customer/retail meters for DISCOs. To support DISCOs’ implementation of metering as part of their PIPs, the IPF 2 project will facilitate the bulk procurement of customer/retail level meters on behalf of DISCOs.  The centralized procurement of meters will also ensure that meters are of a minimum standard and standardized where possible, which will facilitate the integration of metering data with the NERC DAP.  The specification of the meters will adhere to the NERC Meter Code and will be established in partnership with DISCOs.

3.2.2 Technical Assistance (TA) Component

The proposed operation would involve three TA components for: 1) PforR implementation support, 2) capacity building for DISCOs, and 3) the design of a social protection fund. 

TA Component 1 (TA1): PforRs Implementation Support.

  • The TA1 would include the establishment of a Project Management Unit (PMU) in Bureau of Public Procurement (BPE) to assist with the functions of the PforR Implementing Agency.
  • Implementation support to BPE will include support for verification of the DISCOs DLIs, working closely with an independent verification agent.
  • The TA1 would include capacity building for implementation of measures identified in the Program Action Plan (e.g. strengthening of Safeguards, financial management, procurement capacity).

 

TA Component 2 (TA2). Technical assistance will be designed as Programmatic Technical Assistance (PTA) over a five-year period. The PTA will be supported and co-financed by the WB Energy Sector Management Assistance Program and include the following pillar, under which specific activities will be defined and implemented:

Sub-Component 2.1 Capacity Building: will involve capacity building for the MoP as well as DISCOs. 

  • This would include development of a roadmap on electricity sector market evolution along with sector policies and regulation.
  • Support DISCO capacity building and change management programs focusing on the application of new business models and commercial operations in DISCO services
  • A review of the current sector contractual frameworks and provide recommendations on potential changes as the market evolves, including options for direct sourcing of power supply from GENCOs as well as from embedded generation such as wind and solar
  • Support participating DISCOs to apply innovative approaches to identify gender gaps as well as the main impediments of disadvantaged customers to access electricity and to address them through the development of DISCO-specific gender strategies

Sub-Component 2.2 Design of a Consumer Assistance Fund:

  • assess the impact of the tariff increases on the poor;
  • identify suitable delivery mechanisms of the assistance and targeting principles that will minimize inclusion and exclusion errors for both metered and unmetered consumers;
  • model the possible financing sources and ranges of this fund and the financial support at the consumer level, while adhering to the Act of 2005; and,
  • propose a realistic and feasible design of the Consumer Assistance Fund, whilst adhering to principles of good program design, including outreach, in-take, and registration, assessment of conditions and needs, enrolment, payments, tools (e.g. ICT), and communication schemes to increase citizen engagement.

Project Activities: The project activities under the IPF component of DISREP which will require screening and environmental and social assessment include:

  1. Procurement and installation of DAP for NERC, and
  2. Bulk procurement of meters to be supplied to the DISCOs warehouses

BPE will be the Implementing Agency for the PforR component of DISREP.  BPE, as a shareholder of the DISCOs and the FGN agency responsible for receiving World Bank funds and on-lending to the DISCOs, is the most appropriate agency to fulfil this role.  BPE will be responsible for the management of funds and financial reporting on the program to the DISREP Technical Committee and to the World Bank. BPE will not be responsible for any DISREP procurement or environmental or social safeguards.  Rather the procurement, environmental and social safeguard functions and compliance for the PforR component of the Program will be the responsibility of DISCOs as the ultimate recipient of World Bank funds.

 

3.2 Description of the IPF Component Implementation Arrangement

The IPF component of the Program will involve the bulk procurement and distribution of meters to DISCOs warehouses and the procurement of a DAP for NERC.  The implementing arrangements for the IPF component of the Program are presented in Figure 1.

IPF Implementing Agency – TCN will be the Implementing Agency for the IPF component of the operation. TCN is currently the Implementing Agency for the ongoing Nigeria Electricity Transmission Project (NETAP) and as such has extensive in-house capacity and experience in undertaking procurement using World Bank funds. TCN will receive World Bank funds and undertake all procurement associated with the IPF component of the program as well as the TA component.  Once procured, the meters will be supplied to DISCOs for installation, and the DAP to NERC for operationalization.  TCN will therefore be responsible for the management of funds and procurement but will have limited environmental or social safeguards responsibility other than in relation to the supply chain and logistics for the delivery of the meters to DISCOs.  Given TCN’s extensive experience from the NETAP project, it is expected that they will have sufficient capacity to fulfil their role as IPF Implementing Agency.

IPF funds flow – DISREP IPF funds will be disbursed via the Federal Ministry of Finance, Budget and National Planning (FMoFBNP) to a TCN controlled designated account held at the Central Bank of Nigeria (CBN).  TCN will then utilize the funds for the bulk meter procurement and procurement of the DAP.  TA Implementing Arrangements.  TA implementation will involve a number of different agencies including BPE, FMoP and DISCOs.   Technical assistance will include project implementation support with a focus of establishing a PMU in BPE. It will also involve design of a consumer assistance fund with Federal Ministry of Power (FMoP) as well as provide capacity building for multiple agencies.  Any procurement required in association to the DISREP TA component, will be undertaken by TCN on behalf of the relevant FGN agency.

 

Broader and Higher level Institutional and Implementation Arrangement for DISREP (for all 3 Components)

DISREP falls under the auspices of the Presidency with implementation oversight delegated to the appropriately constituted committees, focused on strategic and financial oversight as well as technical oversight. DISREP shares an oversight structure with the complementary PSR PforR operation to ensure the continued alignment of the two programs (PSR PforR program and DISREP).  A dedicated FGN technical oversight committee will be established to oversee all the components of the DISREP operation.  The implementation arrangements for each of the three components have been designed to reflect the specific needs of the component as well as the capacity of the selected agency with respect to governance, financial management, procurement, environmental and social safeguards. 

A PSRP Finance and Policy Oversight Committee – The committee will be chaired by the Federal Minister of Finance, Budget and National Planning with the Federal Minister of Power as co-Chair and Director General (DG) Budget as Secretary. The Committee members will include the heads of all relevant FGN Ministries, Departments and Agencies (NERC, NBET, BPE, Debt Management Office (DMO), Budget Office of the Federation (BOF)) and designated officials from the Presidency. This committee will carry out the strategic oversight of the overarching PSRP implementation as well as the implementation of the DISREP and PSR PforR operations. The Chairs of the Oversight Committee will report to the Presidency (Office of the Chief of Staff and Office of the Vice President) providing updates and escalating issues requiring attention. The Oversight Committee will meet twice annually for strategic oversight of the DISREP implementation.

DISREP Technical Committee – The committee will be chaired by the FMoP and supported by BPE who will provide the Secretariat. Committee members will include senior management-level representatives of NERC, TCN, BPE, and NBET, as well as the FMFBNP and officials from the Presidency. The DISREP Technical Committee will monitor the implementation of the elements of the PSRP and PIPs supported by the DISREP and the Disbursement Linked Indicators (DLIs) linked to these actions. BPE will report to the Technical Committee on the monitoring and verification process and disbursements against achieved DLIs, and NERC will report to the Technical Committee on the overall implementation of PIPs. The Technical Committee will convene quarterly.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

CHAPTER FOUR

ENVIRONMENTAL AND SOCIAL BASELINE

 

4.1 Environmental Baseline

DISREP will have a nationwide coverage considering that the11 DISCOs are widely distributed across the geographical zones, and respective states of Nigeria; likewise, are their operations. In this regard, the chapter presents a general overview of the environmental baseline of Nigeria; with a social baseline on general energy distribution and consumption rates based on previous studies and data. It is expected that the eventual and more elaborate environmental and social assessment studies to be undertaken will provide in detail, the specific and peculiar environmental and social baseline conditions within each distribution zone. See section 4.2 for Program Area of Influence; and Project locations.

4.2 Program Area of Influence

The DISREP area of influence will be country-wide, given that the DISCOs cover electricity supply throughout the entire country. The DISCO operations in Nigeria are executed through their respective distribution zones, which spread across the respective geopolitical zones, States and Local Government Areas (LGAs). The bulk procurement of meters (IPF component) will involve transportation of meters to respective DISCO headquarters and warehouses. Similarly, installations and removal of disused meters will be a door-to-door activity; covering every LGA and State likewise. Figure 3 shows the list of DISCOs and their distribution zones.

 

 

 

 

 

 

 

 

 

 

 

 

Project locations – The locations where the IPF component of DISREP will support, are the eleven (11) distribution zones, overseen by the 11 privately owned distribution companies in Nigeria. The distribution companies are responsible for electricity supply in Nigeria; where their services span across the entire nation. They include:

 

 

 

 

S/N

Registered Name with the Corporate Affairs Commission (CAC)

Common Name

Distribution Zone

 

 

1.

Abuja Electricity Distribution Company

Abuja DISCO

Abuja Distribution Zone

2.

Benin Electricity Distribution Company

Benin DUSCO

Benin Distribution Zone

3.

Enugu Electricity Distribution Company

Enugu DISCO

Enugu Distribution Zone

4.

Eko Electricity Distribution Company

Eko DISCO

Eko Distribution Zone

5.

Ibadan Electricity Distribution Company

Ibadan DISCO

Ibadan Distribution Zone

6.

Ikeja Electricity Distribution Company

Ikeja DISCO

Ikeja Distribution Zone

7.

Jos Electricity Distribution Company

Jos DISCO

Jos Distribution Zone

8.

Kaduna Electricity Distribution Company

Kaduna DISCO

Kaduna Distribution Zone

9.

Kano Electricity Distribution Company

Kano DISCO

Kano Distribution Zone

10.

Port Harcourt Electricity Distribution Company

Port Harcourt DISCO

Port Harcourt Distribution Zone

11.

Yola Electricity Distribution Company

Yola DISCO

Yola Distribution Zone

 

4.2.1 Climate

The project area of influence (which cuts across Nigeria) is divided into three main climatic regions: Tropical Rain Forest Region, Near Desert Region and Savannah Region. However, due to unequal elevations in different parts of the country, there are differences in temperature and rainfall distribution. The tropical rain forest region covering the southern part of the country, has an annual rainfall of around 2,000 mm (80 inches), the near desert region covering the far north of the country with an annual rainfall around 500 mm (20 inches) and the savannah region covering the central portion of the country has annual rains around 1,000 mm (40 inches).

The climate in Nigeria is semi-arid in the north, and humid in the south. Due to its location, Nigeria has a tropical climate characterized by the hot and wet conditions linked with the movement of the Inter-Tropical Convergence Zone (ITCZ) north and south of the equator. The country experiences consistently high temperatures throughout the year. However, there are wide diurnal ranges in temperature particularly in the very hot months. The mean monthly temperatures during the day sometimes exceed 36◦C while monthly average temperatures at night fall below 22◦C. Since temperature varies only slightly, rainfall distribution, over space and time, becomes an important factor in differentiating the seasons and climatic region except for the coastal zone, where it rains all year round. Rainfall is seasonal with distinct wet and dry seasons. Figure 4 below shows mean annual rainfall.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.2.2 Vegetation

Savannah and Forest are the predominant types of vegetation in Nigeria. The savannah vegetation stretches from the central parts of Nigeria to the extreme northern parts. It is divided into marginal

  1. Sahel savannah: in the North-Eastern borders
  2. Short grass Sudan savannah: stretching from upper western borders to the North-Western borders and
  • Woodland/Tall grass Guinea Savannah (lying below the short grass savannah and covering the central states and parts of the eastern region of the country).

The tropical forest vegetation covers the remaining southern portion of the country and is divided into three types: i) Rain forest with tall trees, ii) Fresh water swamp consisting of both fresh and saltwater swamps and iii) Mangrove forest which is made up of mangrove vegetation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.2.3 Fauna

Uncontrolled development has been identified as one of the contributing factors that lead to the decline of wildlife habitats in the country. It is therefore imperative that impact of any development project or program on the wildlife habitats should be evaluated before it is embarked upon. The studies on fauna are conducted by visual observation, and where necessary by information from the local people, especially hunters. Figure 5 below shows vegetation distribution in Nigeria

The species present in the country can be classified into major groups as:

i)Herpetofauna (amphibians and reptiles), ii). Invertebrates (insects), iii). Birds (black kite, Egret, Robin, Songbird, Pigeon etc), iv). Mammals (Giant rat) etc. Some of these faunas maybe endangered and vulnerable to poaching.

 

4.2.4 Hydrology

4.2.4.1 Surface Water

There are many rivers in Nigeria but the two principal river systems are the Niger – Benue and the Chad. The Niger River, the largest in West Africa, flows 4,000 km from Guinea through Mali, Niger, Benin, and Nigeria before emptying into the Gulf of Guinea. The Benue River and largest tributary flows 1,400 km from Cameroon into Nigeria, where it empties into the Niger River. The country’s other river system involves various rivers that merge into the Yobe River, which then flows along the border with Niger and empties into Lake Chad.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Floods

Southwestern part of Nigeria is vulnerable to flooding often during the rainy season, but other parts of the country has experienced intense flooding in recent years.  Floods in Sokoto, Kogi, Jigawa, Kebbi, Kwara, etc, affected thousands of households and farm produce causing considerable material damages. In Nigeria, floods are usually as a result of heavy rains or storms where major river flows overflow into urban and rural areas resulting in significant damages to infrastructure, private property, agriculture, etc. In urban areas, the effect of old network, insufficient capacity, lack of facilities for wastewater treatment and poor drainage systems increase the potency for flooding to occur during heavy rainfalls.

4.2.4.2 Ground Water/ Hydrogeology

The major aquifers in Nigeria are Basement aquifers, Sedimentary basins, Volcanic plateau, and River alluvium. There are eight major regional aquifer systems, 30 local and minor aquifers and 36 aquicludes, aquitards, and aquifuges in Nigeria. These eight mega regional aquifers have an effective average thickness of 360 m; with a range of 15–3,000m. The yields from the major aquifers range between 1.25 and 32 l/s whereby the sedimentary basins generally form the most prolific aquifers.

Groundwater quality

Generally, groundwater in most of the aquifers in Nigeria are fresh with low concentrations of total dissolved solids (<500 mg L-1). However, groundwater is exposed to active pollution in major cities and rural communities due to increased urbanization, indiscriminate waste disposals, industrial activities etc.

 

 

4.2.5 Geology

Nigeria’s land mass is made up of two main rocks, Precambrian basement rocks which covers about two-thirds of the country’s landmass and Sedimentary rocks of Cretaceous about half of the country. Other minor formations are the Tertiary Volcanics, Tertiary sediments etc. The Precambrian basement rocks consisting of gneisses, migmatites, schist, and various metamorphic rocks and granites. Figure 7 below shows some details of the geology of Nigeria.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.2.6 Soil

Figure 8 below shows the soil types in Nigeria. Soil types in Nigeria vary according to their composition, physical, chemical, morphological and mineralogical characteristics. The pedologic map of Nigeria represents a real mosaic.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.2.7 Ambient Air Quality and Noise levels in Nigeria

Air quality assessment of DISREP coverage areas will be conducted in-situ with the aid of digital equipment. The instruments are able to detect automatically (with the aid of sensors) the range of noxious gases present in the air, which is then read off automatically on the digital screen. The Gaseous parameters to be measured are Carbon monoxide (CO), Nitrogen dioxide (NO2), Sulphur dioxide (SO2), Hydrogen sulphide (H2S), Oxygen, Ammonia and Methane (CH4). Since air quality parameters and noise levels are dynamic, real time values shall be obtained during the assessment reports to help mitigate potential risks and impacts during sub activities as bulk transportation of meters to various DISCOs and project locations.

4.2.8 Biodiversity and Nature Protection

Nigeria is an important centre for biodiversity. It is widely believed that the areas surrounding Calabar in Cross River State contain the world’s largest diversity of butterflies. The drill monkey is only found in the wild in Southeast Nigeria. The total number of higher plant species in Nigeria is 4,715 (of which 119 are threatened). For mammals, the total number of species is 274 (27 threatened), and for breeding birds the total known species is 286. Nigeria has over 1,000 protected areas (nature reserves, wilderness areas, national parks), covering a total 5.5 million ha. The total land area under protection represents 6% of the total land area. Under categories I and II (the highest level of protection) Nigeria has 2.5 million ha.

 

4.3 Social Baseline

Social Assessments will be conducted for sub-activities under DISREP to be informed of social conditions, behaviours and perceptions of electricity consumers. It is mandatory to integrate community views at the program design stage and with regards to achieving the objectives of the ESSs, wide consultations will be held and community opinions will be recorded. This can be achieved using structured questionnaire, where the respondents from the sub program beneficiaries will be carefully selected to represent all parts of the country. The main objectives of the studies include but not limited to:

  1. Appraise the socio-economic and cultural structure of the communities within the subproject areas. This includes assessment of the population structure, settlement patterns, cultural practices, economic activities and existing infrastructural facilities.
  2. Evaluate the possible risks and impact of the program activities on the economic and cultural structure of the communities
  • Assess the perception of the PAPs on the subprojects, problems affecting their communities and their needs.

 

4.3.1 Population and Demographics

Nigeria is the country with the highest population in Africa. In 2019, its population amounted to over 200 million people and was estimated to constantly increase in the next decades. By 2050, this figure could double and reach 400 million people. In fact, in the last 50 years, Nigeria’s population grew at a very high rate. The largest city of Nigeria is Lagos, which is also the largest city in all of Sub-Saharan Africa. Abuja, the Capital City of Nigeria, counted about half a million inhabitants in 2020, ranking 15th among the largest cities in Nigeria

 

4.3.2 Energy Consumption

The population statistics of the country on electricity Consumption is presented in Table 4. 80% of the total electricity demand and consumption are from residential and commercial sectors. The rest is covered by the Industrial, Street Lighting and Special Tariff sectors. The share of large consumers, such as industry or large commercial areas, only represented 1% of the total electricity consumption. Electricity distribution rates vary substantially amongst the states in Nigeria. For instance, according to the projections of the Japanese International Cooperation Agency (JICA), Taraba State had the lowest electrification rate in 2010 with 21% and Lagos the highest with 96%. Out of the 13 states that registered the lowest electrification rates, 10 were located in the North-West and North-East. The 8 states with the highest electrification rates were located in the South-West or South-South. See Table 5 below.

 

4.3.3 Share of Households without Electricity access in Nigeria by Geopolitical Zone

According to the results of a survey from 2019, 79.1% of households in North East Nigeria did not have access to electricity, the highest share in the country. Generally, the majority of households with no electricity were located in the North of the country, whereas the South reported the lowest shares. In the South South zone, for instance, about 27% of households had no electricity access (Source: Statista, 2020).

 

4.3.4 Share of Households without Electricity access in Nigeria by Area

According to the results of a survey from 2019, 57.6 % of households located in rural areas of Nigeria did not have access to electricity. In urban areas, this figure was much lower. In total, roughly 45% of households in Nigeria who took part to the survey had no electricity. Generally, the majority of households with no electricity were located in the North of the country, whereas the South reported the lowest shares. (Source: Statista, 2020). See table 5 below.


 

Table 5: Population Statistics on Electricity Consumption in Nigeria

S/N

STATES

POPULATION 2006

POPULATION 2016

NO OF HOUSE-HOLDS OF 1997 (*1)

% OF HOUSE-HOLDS WITH ELECTRICITY AS OF 1997 (*2)

NO OF HOUSE-HOLDS WITH ELECTRICITY AS OF 1997

ANNUAL GROWTH RATE OF CONSUMERS (%)

% OF HOUSEHOLD WITH ELECTRICITY

NO OF HOUSEHOLD WITH ELECTRICITY

2006

2010

2020

2006

2010

2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1

Taraba

2,294,800

3,066,834

432,880

12

50,301

7.80

17

21

34

98,888

133,542

283,012

2

Jigawa

4,361,002

5,828,163

99,685

12

99,685

7.77

18

22

35

195,520

263,766

557,554

3

Zamfara

3,278,873

4,515,427

593,479

13

77,924

7.71

20

23

37

152,101

204,752

430,492

4

Sokoto

3,702,676

4,998,090

686,178

13

90,095

7.71

20

23

37

175,859

236,734

497,734

5

Kebbi

3,256,541

4,440,050

592,137

13

77,807

7.71

20

23

37

151,866

204,431

429,794

6

Katsina

5,801,584

7,831,319

1,074,392

14

145,902

7.69

20

34

38

284,184

382,194

801,663

7

Gombe

2,365,040

3,256,962

426,284

17

72,553

7.49

25

30

46

139,031

185,628

382,367

8

Bauchi

4,653,066

6,537,314

819,259

17

139,438

7.49

25

30

46

267,198

356,753

734,857

9

Benue

4,253,641

5,741,815

788,111

17

135,003

7.49

25

30

46

258,565

345,146

710,537

10

Yobe

2,321,339

3,294,137

400,682

19

75,729

7.39

27

32

50

143,826

191,270

390,098

11

Ebonyi

2,176,947

2,880,383

416,196

25

102,759

7.06

39

46

69

189,857

249,413

493,343

12

Enugu

3,267,837

4,411,119

608,334

25

150,198

7.06

39

46

69

277,505

364,554

721,096

13

Cross river

2,892,988

3,866,269

547,224

29

159,954

6.80

40

47

68

289,196

376,273

726,572

14

Nasarawa

1,869,377

2,523395

345,773

31

108,607

6.68

43

49

71

194,326

251,669

480,372

15

Plateau

3,206,531

4,200,442

602,456

31

189,231

6.68

43

49

71

338,583

438,495

836,973

16

Kano

9,401,288

13,076,892

1,663,337

32

538,256

6.62

44

51

72

958,709

1,239,106

2,353,218

17

Borno

4,171,104

5,860,183

725,970

34

248,935

6.51

46

53

75

437,310

565,469

1,062,926

18

Adamawa

3,178,950

4,248,436

601,745

35

210,069

6.48

47

54

76

369,621

475,140

890,189

19

Akwa Ibom

3,178,950

5,482,177

689,703

36

246,638

6.43

47

55

77

432,200

554,578

1,034,327

20

Niger

3,952,772

5,556,247

693,215

42

288,932

6.10

54

61

83

492,124

623,542

1,126,789

21

Kaduna

6,113,503

8,252,366

1,126,632

43

479,607

6.05

55

62

84

813,402

1,028,655

1,850,037

22

Kogi

3,314,043

4,473,490

614,828

50

309,996

5.60

62

70

90

506,218

629,499

1,085,526

23

Bayelsa

1,704,515

2,277,961

321,102

52

167,069

5.51

64

71

91

270,706

335,469

573,511

24

Rivers

5,198,605

7,303,924

912,575

52

474,813

5.51

64

71

91

769,348

953,408

1,629,926

25

Abia

2,845,380

3,727,347

547,888

52

287,587

5.48

53

58

75

464,946

575,611

981,623

26

Imo

3,927,563

5,408,756

711,551

61

433,833

5.00

72

78

96

673,132

818,258

1,333,107

27

Delta

4,112,445

5,663,362

741,568

62

462,294

4.92

73

79

96

712,530

863,590

1,396,589

28

Edo

3,233,366

4,235,595

621,770

63

388,855

4.91

73

79

96

598,757

725,382

1,171,814

29

Kwara

2,365,353

3,192,893

448,257

68

299,509

4.63

77

83

98

450,021

539,288

847,795

30

Osun

3,416,959

4,705,589

617,802

71

436,539

4.45

80

85

99

646,094

769,082

1,188,952

31

Abuja

1,405,201

3,564,126

106,397

71

75,436

4.44

80

85

99

111,517

132,676

204,841

32

Ogun

3,751,140

5,217,716

668,065

72

483,813

4.35

81

86

99

709,928

841,842

1,289,056

33

Ekiti

2,398,957

3,270,798

439,614

72

318,698

4.35

81

86

99

467,484

554,265

848,386

34

Ondo

3,460,877

4,671,695

643,968

72

466,812

4.35

81

86

99

684,748

811,860

1,242,673

35

Anambra

4,177,828

5,527,809

800,534

78

621,295

4.06

85

88

99

888,786

1,042,097

1,551,263

36

Oyo

5,580,894

7,840,864

988,394

78

771,541

4.03

85

89

100

1,101,286

1,289,986

1,915,566

37

Lagos

9,113,605

17,500,000

1,638,903

96

1,577,536

3.00

96

96

97

2,058,848

2,317,252

3,114,193

 

Total

Nigeria

139,705,540

206,139,589

25,475,400

44

11,263,648

6.04

53

58

70

17,776,220

21,870,672

37,168,770

Source: KPMG, Electricity Nigeria Distribution Sector Rector Report, 2016


 

4.4 Guidelines for Baseline Studies

Baseline studies will be undertaken in accordance to Sectoral Guidelines provided by the FMEnv and the requirements of the ESSs. The scoping process (Chapter 6) will provide TCN with clarity on the requisite environmental and social parameters to be identified, sampled, analyzed and interpreted in relation to the proposed activities of sub-projects and their influence on environmental and social sensitivities or receptors in the program/sub-projects area(s) of influence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER FIVE

POTENTIAL ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS

5.1 Introduction

This chapter identifies the generic potential environmental and social risks and impacts associated with the implementation of the IPF component of DISREP, and proffers mitigation measures to in line with the mitigation hierarchy provided in the ESF.  The potential for occurrence of the impacts identified has to be ascertained during further stages of project design and implementation.

5.3 Identification of Potential Environmental and Social Risks and Impacts

The object of this section is to aid institutions responsible for implementing this ESMF, to identify, evaluate and manage the environmental and social risks and impacts of the program and consequent activities in a manner consistent with the ESSs. The impact identification and assessment are based on potential impacts from anticipated project activities listed in sub-section 5.3.1 below. Site specific project impacts would be detailed for each DISCO distribution zone likewise NERC, before the commencement of activities as part of the Environmental and Social Management Plan (ESMP) implementation to be prepared by TCN; through procurement of professional environmental and social safeguards services from qualified and experienced Consultant’s.

5.3.1 Project Activities

The project activities under the IPF component of DISREP which will require screening and environmental and social assessment include:

  1. Procurement and installation of DAP for NERC, and
  2. Bulk procurement of meters to be supplied to the DISCOs warehouses

 

The activities to be undertaken under the TA components have been judged to have low environmental and social risks and impacts. The social impacts, however, will be largely beneficial. No mitigation measures are thus required for the TA activities, rather potential impacts will be enhanced. Based on availability of information provided, expert judgment and opinion, and stakeholder engagement, a further breakdown of the IPF component activities has been established, including a list of major environmental and social sensitivities or receptors to be impacted adversely. Essentially, it is not known if the DAP procurement will include the set-up of a data centre at NERC for housing DAP equipment and hardware, or if the DAP will run as a cloud-based system. Nonetheless, this sub-section generically, addresses the potential environmental and social impacts of the DAP from the two assumed set-ups. See Table 6 below

 

Table 6: Project Activities and Potential Sensitivities/Receptors

S/N

Activities

Environmental Sensitivities and Receptors

Social Sensitivities and Receptors

Procurement and Installation of DAP (cloud-based system)

1.

DAP designing

Nil

NERC workforce assigned to DAP designing, operation, management and maintenance

2.

Product development

Nil

Same as above

3.

Mobile application

Nil

Same as above

4.

Web application

Nil

Same as above

5.

Blockchain development

Nil

Same as above

6.

Cloud enablement

Nil

Same as above

7.

Analytics

Nil

Same as above

Procurement and Installation of DAP

1.

DAP receiving, collection and temporary storage at shipping yards or airports

Soil, holding areas

TCN, NERC, and Customs workforce

2.

DAP sorting and inventory

Soil, holding areas

TCN, Customs and NERC; Customs workforce

3.

Transportation of DAP to respective NERC

Air, soil, surface water

TCN, NERC and Contractual workforce, populations within and along transportation routes

4.

Unpacking at NERC headquarters

Soil, holding areas

NERC and Contractual workforce

5.

Installation of DAP at NERC

Holding areas

NERC and Contractual workforce; Communities and households

Bulk Procurement of Meters and Supply to DISCO Warehouses

1.

Meters receiving, collection and temporary storage at shipping yards or airports

Soil, holding areas

TCN, Customs workforce

2.

Meters sorting and inventory

Soil, holding areas

TCN, Customs and DISCO; Customs workforce

3.

Transportation of meters to respective DISCOs warehouses

Air, soil, surface water

TCN, DISCO and Contractual workforce; populations within and along transportation routes

4.

Unpacking at DISCO headquarters or warehouses

Soil, holding areas

DISCO and Contractual workforce

 

 

The program activities and generic adverse impacts likely to occur on environmental and social sensitivities are presented in Table 9 below. These are presented under the Pre-Supply, Supply and Operation Phases

 

Pre-Supply Phase: This phase involves the landing of procured commodities for DISCOs and NERC at shipping docks/yards and international airports in Nigeria, and their temporary storage at these facilities prior to supply/transportation to DISCO warehouses or those belonging to TCN before supply/distribution to DISCO warehouses. Other pre-supply activities such as preparation of bidding documents are not addressed here but rather; the requisite sample environmental and social clauses to be included in the bidding documents for suppliers and contractors are provided in 5.3.2

 

At the moment, TCN’s arrangement is that meters and DAP be received at the seaports/shipping yards/airports before direct supply to the DISCOs and NERC. This means that the Contract agreements for suppliers and contractors will clearly spell out these clauses and mandates, in their scope of works. Hence, potential environmental and social impacts prior to supply are discussed in this ESMF.

 

Supply Phase: This phase involves the supply/distribution/transportation of procured meters to DISCO warehouses or probably those of TCN before supply to DISCO warehouses (prior to installation activities – risks for installations are covered in the ESSA). It also involves the supply and installation of the DAP for NERC.

 

Operation Phase: This involves the operationalization of the DAP at NERC and post supply for meters.

 

 

5.3.2 Principles for Applying Mitigation Measures to Identified Potential Adverse Environmental and Social Risks and Impacts

The Bank’s ESF outlines a mitigation hierarchy to be adopted in the application of mitigation measures to address environmental and social risks and impacts. Following on the identification an assessment of impacts, the environmental and social assessment will apply a mitigation hierarchy, which will:

 

  1. Anticipate and avoid risks and impacts
  2. Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels
  3. Once risks and impacts have been minimized or reduced, mitigate, and
  4. Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible.

 

In practice, application of the mitigation hierarchy shall be achieved through the implementation of environmental and social management procedures adopted for sub-projects, at the phases of implementation (in the case of DISREP -pre-supply; supply and operation phases), through monitoring and evaluation of the Environmental and Social Management Plan (ESMP) for the sub-project(s).  Proffered mitigation measures must be considered in the planning or preparation of the following.

 

Project Design

The mitigation measures should be integrated in the design of the project itself. Such a step will enhance the mitigation measures in terms of specific mitigation design, cost estimation of the mitigation measure, and specific implementation criteria. The mitigation measure integration in the design phase will also help in enhancing beneficial impacts and ensuring sustainability of the sub-projects.

 

Environmental and Social Clauses in Bidding Documents and Contract Agreement for Suppliers and Contractors

The project contractor(s) should be bound by the parameters identified in the environmental and social assessment pertaining to specific mitigation measures in the contract. The final acceptance of the completed works should not occur until the environmental and social clauses have been satisfactorily implemented. Very importantly, Contractor’s agreements should highlight mitigation measures that address the bio-physical environmental and socially sensitive issues such as GBV and SH, SEA, VAC and other risks associated with labour influx, etc. Additionally, contractors should ensure to prepare their own independent Contractor’s Environmental and Social Management Plan (C-ESMP)

 

Specifically, the clauses should highlight:

 

  1. Traffic management
  2. Waste management
  3. Journey Management
  4. Air, Noise and Soil Pollution
  5. Community Health and safety
  6. Labour management
  7. Fleet safety management
  8. SH, SEA, VAC resulting from labour influx etc
  9. CESMP
  10. Occupational Health and Safety

 

Bill of Quantities

The tender instruction to bidders should explicitly mention the site-specific mitigation measures to be performed, the materials to be used, labour camp arrangements (if required), and waste disposal areas, as well as other site-specific environmental and social requirements. Such a clause would clearly display the cost requirements to undertake mitigation measures.

 

Supervision and Monitoring

The purpose of supervision is to make sure that specific mitigation parameters identified in the environmental and social assessment and as bound by the contract agreement are satisfactorily implemented. Likewise, monitoring is necessary such that mitigation measures are actually followed through, practically.

 

Table 7 below provides mitigation measures for identified generic potential environmental and social risks and impacts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Table7: Potential Environmental and Social Risks and Impacts Associated with the IPF Component of DISREP

Pre- Supply Phase

Mitigation Measures

 

 

 

 

 

 

 

Environmental Risks

Environmental Impacts

 

Negative

Air

·    Air Pollution

·    The release of fugitive dusts, and fibrils during offloading and storage.  

Measures should be targeted at avoiding forceful lifting and dropping down, as this will reduce chances of fugitive dust and fibrils from being released. Additionally, storage or holding areas should be cleaned and wetted, and ventilated to avoid conditions that could escalate dust release.

Holding areas

·    Risk of overloading and congestion of holding spaces

·    Offloaded and stored packages may overload holding areas and restrict movement and access for other operations

Measures should include ensuring holding areas are sizable to contain procured commodities.

Reduction of overloading or crowding by limiting stacking to a particular area or section in the holding areas.

 

Likewise, procured commodities should be stacked in such a way that allows for space so as to reduce overloading and restriction to access.

Noise

· Noise pollution

· Noise impacts are envisaged during the offloading and storage in holding areas

Measures should seek to reduce noise or using barriers to screen noise/ sound vibrations

 

Occupational Health and Safety Risks

Occupational Health and Safety Impacts

 

Negative

Health and Safety at Work

Falls, slips and forced-contact

Workers may engage in horse-play and expose themselves to hazards. Falls and slips are likely including “contact injuries’ during offloading and heavy lifting

Preparation of an Occupational Health and Safety Management Plan (OHSMP) to guide management of OHS risks

 

 

 

Exposure to air pollution

Exposure to air pollutants such as fugitive dust and fibrils from packages

Exposure to noise pollution

Exposure to noise pollution during offloading and storage in holding areas

 

Risks of Musculoskeletal Disorders (MSDs)

Contractual workers stand the risks of MSDs and biomechanical injuries, especially during heavy lighting activities

 

 

 

 

 

 

Pre- Supply Phase

Mitigation Measures

 

 

 

 

 

 

Social Risks

Social Impacts

 

 

Noise

· Noise level increases

·   Noise from offloading at shipping docks and airports is envisaged.

Measures should aim at reducing noise disturbance, by setting up temporary noise barriers during offloading and storage.

Grievances

·   Grievances, Complaints, Disruption of Activities and Vandalism

·   Grievances from contractual workers engaged to do heavy lifting and offloading. This could result from delay in payment of wages, uncomfortable working conditions, work areas and work design

A program Level Grievance Redress Mechanism (GRM) should be prepared to address grievances. Specially, the environmental and social assessment report for sub-project should contain a chapter on Grievance Redress at the sub-project level.

Conflicts of Interest

·   Risk of conflicts

·   Conflicts of interests may arise between contractual workers and also between contractual workers and on-site security personnel.

·   Conflicts could arise between the DISREP actors and management of shipping docks and airports holding their commodities; likewise, between customs.

A program Level GRM should be prepared to address grievances. Specially, the environmental and social assessment report for sub-project should contain a chapter on Grievance Redress at the sub-project level.

 

Additionally, Contractors must prepare a C-ESMP. Which addresses management of contracted workforce. It is noteworthy to state that DISREP is preparing a Labour Management Plan (LMP), as a stand- alone Report to address labour management issues at the broader level for the DISREP IPF component.

 

 

Violence and Theft

· Risk of Violent Behaviour and Theft

·   In holding areas where equipment is kept, unscrupulous attitudes and behaviour could be displayed as forms of physical harassment, theft and thuggery in holding areas could occur if unauthorized or authorized personnel seek to tamper with commodities. Fist-fights are likely and other violent acts.

Mitigation measures should be implemented through provisions in the C-ESMP.

 

Stakeholder Engagement, Sensitization and capacity building for all cadre of workers should be conducted.

 

.

 

Gender-Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) – attributable to labour influx

· Sexual harassment, SEA and VAC

·   Females working in holding areas could be physically and sexually harassed. In addition, they could be victims of SEA.

.

Importantly, the DISREP should ensure that Contractors sign a Contractor’s Code of Conduct (CoC); Managers CoC and Individual CoC and provision sensitization and awareness on SH/SEA

 

 

Supply Phase

Mitigation Measures

 

 

 

 

 

 

Environmental Risks

Environmental Impacts

 

Negative

Air

·    Air Pollution

·    The impacts on air may arise only from fugitive dusts and carbon emissions from exhaust fumes as meters are transported to DISCOs and in the case of NERC, if the DAP will include the transportation of DAP hardware and materials.  

Measures should be targeted at reducing emissions by retrofitting with emission controls for vehicles.

 

Vehicle inspection and servicing; including obtainment of “Road Worthiness” Clearance certificates should be mandatory.

 

Soil

·   Soil Pollution

· Leakages from (oil, vehicle fuel, hydraulic fluids) may occur when vehicles are transporting meters and DAP (if the DAP will include the transportation of DAP hardware and materials) form temporary holding or storage areas to DISCOs and NERC respectively. If this occurs in areas or roads covered by earth, the possibility of oil seeping-through into the soil may occur.

 

· In addition, stockpiling of equipment and materials at temporary holding areas before delivery to final destinations or in warehouses and storage areas belonging to DISCOs could put pressure on soil (in storage areas that are not floored) and cause compaction of soil.

Measures should address vehicle inspection; testing and tight- fitting of loosened bolts, junctions and connection points.in vehicles.

 

 

 

 

Hard-standing materials should be placed on the ground prior to loading in warehouses. Additionally, impermeable material could be lined on hard-standing in case leakages occur

Noise

· Noise level increases exceeding permissible limits (70dB and;90dB) FMEnv and World Health Organization (WHO), respectively

· Noise impacts are envisaged during the movement of meters and DAP equipment and materials (if the DAP will include the transportation of DAP hardware and materials) to warehouses

Vehicle retrofitting with muffles and other sound-proofing or noise reduction technologies. Fulfils the requirements of ESS 3

 

Waste Generation

· Generation of, and exposure to e-wastes and solid waste streams

· Unpacking of meters at DISCO headquarters or warehouses may result in generation of solid wastes from packaging materials and casings; likewise, for the DAP at NERC (if the DAP will include DAP hardware and materials). In the case of the DAP at NERC, the impacts will be minimal. The impacts qualification for this aspect only applies to the bulk supply of meters.

 

· Removal of old and disused meters (following installations – PforRs component) from households, business and commercial areas may result in generation of stockpiles of e-wastes.

Measures should be embedded in sub-project level waste management plans (WMPs). Measures should focus on source reduction, sorting, collection, reusing, recycling, transporting, containment, treatment final disposal etc. Fulfils the requirements of ESS 3

 

Measure should include plans which address waste collection at source. Fulfils the requirements of ESS 3

 

 

 

Water Resources

· Water Pollution

· Some water resources within the program area of influence could be impacted if leakages occur from vehicles transporting meters and DAP materials.

Leaking parts should be fixed and tightened.

 

Vehicle inspection and servicing; including obtainment of “Road Worthiness” Clearance certificates should be mandatory.

 

 

 

 

Supply Phase

Mitigation Measures

 

 

 

 

 

 

Social Risks

Social Impacts

 

Negative

Traffic

· Traffic increases and Travel delay

·   Traffic impacts may occur when heavy duty vehicles are conveying meters and DAP (if the DAP will include the transportation of DAP hardware and materials) to and fro the respective DISCOs and NERC. This is likely to occur along major inter-state highways, community/town/city routes needed to be plied during supply/delivery:

Measures should aim at establishing baseline traffic conditions in proposed sub-project locations; ascertaining traffic density and preparation and implementation of a Traffic Management Plan (TMP), Similarly, traffic management should be an important component of the C-ESMP.

Noise

· Noise level increases exceeding permissible limits (70dB and;90dB) FMEnv and World Health Organization (WHO), respectively

·   Noise from heavy-duty vehicles transporting commodities within and to commercial and residential areas is envisaged.

As much as possible, time scheduling options could reduce or minimize the impacts of noise disturbances in consumer areas/locations. Transporting could be started early in the morning (about 6am)

Grievances

·   Grievances, Complaints, Disruption of Activities and Vandalism

·   Grievances from PAPs within the program area of influence. This could be with regards to traffic delay during transportation of commodities, temporary or prolonged power outages during meter supply; or poor labour and working conditions

Implement GRM at the level of the sub-project

 

Early and continuous Stakeholder Engagement in mandatory and fulfils the requirements of ESS 10

Conflicts of Interest

·   Risk of violent or non-violent conflicts

·   Conflicts of interests may arise during decision making at the program implementation level; between Contractual workers and general labour, etc.  .

Implement GRM at the level of the sub-project. Frequent communication and transparency in leadership and execution of institutional responsibilities

 

Mitigation measures should be implemented through provisions in the C-ESMP.

 

Stakeholder Engagement, Sensitization and capacity building for all cadre of workers should be conducted.

 

Importantly, the DISREP should ensure that Contractors sign a Contractor’s Code of Conduct (CoC); Managers CoC and Individual CoC.

 

Illicit Behaviour

· Risk of Illicit Behaviour and Crime

·   Increased risk of illicit behaviour and crime (such as theft and substance abuse) attributable to labour influx. Additionally, there may be increase in unprotected sexual intercourse due to labour influx.

Measures should focus on labour management; awareness and training and enforcement of the CoC cadres. LMP provisions etc

 

Labour Influx

· Risk of social conflicts

· Risk of illicit behaviour and practices

·   Conflicts of interests may arise among and between workforce

·   Theft, physical assaults, substance abuse and prostitution

·   Likely increase in migrant workers/followers

Measures should focus on labour influx management; awareness and training and enforcement of the CoC cadres. LMP provisions etc

 

Gender-Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) – attributable to labour influx

· Sexual harassment, SEA and VAC

·   Women and girls may be exposed to sexual harassment, exploitation, abuse and violence as a result of interactions with workers and possibly followers.

·   Also, females engaged in near-site petty businesses may suffer abuse from their benefactors/guardians in instances where they do not meet projected sales for the day.

·   Sex workers may contribute to the spread or suffer contracting infectious diseases, STDs and STIs due to labour influx. There may also be the likelihood of them suffering sexual harassment, exploitation and abuse. 

·   There could be increase probability in the possibility of contracting COVID-19 amongst workers and persons within the areas where installations will be carried out.

GBV risk assessment and mapping of GBV services.

 

Sensitization campaigns and awareness creation on sexual harassment, SEA, and other social issues attributed to labour influx.

 

Application of WB Guidance Notes in work procedures and interactions, especially those addressing social aspects.

 

Implementation of workers Sexual Exploitation and Abuse / Sexual Harassment code of conduct for all workers

 

Inclusion of NCDC measure for COVID-19, infection, prevention and control

 

These ais in fulfilling the requirements of ESS 2

 

Violence Against Children (VAC) – attributable to labour influx

Child Safety

·   Children may be exposed to various forms of violence from workers.

.

Enforcement of all Cadres of CoCs etc

 

Community Health and Safety

Exposure to household accidents

· Considering that supply and transportation of meters especially to DISCO warehouses will involve cross-country movement, through densely and non-densely populated areas etc, Community Health and Safety risks are very likely

Applications of suitable measures that fulfil the requirements of ESS 4 e.g Community Health and Safety Plan

 

 

Occupational Risks

Occupational Impacts

 

Health and Safety at Work

OHS Risks

· Workers could suffer, falls and traumatic injuries

Measures should aim at avoidance and reducing or minimizing; and the application of the “Hierarchy of Controls” according to OHS principles – Elimination, Substitutions, Engineering Controls, Administrative Controls and PPEs.

 

Risk assessment and OHS Inspection: Before a meter installer proceeds with a meter installation, he/she will undertake a personal risk assessment and a Health and Safety Inspection of the equipment to satisfy himself/herself that it is safe to proceed

 

CoC should also be enforce and Contractors should implement an OHS Management Plan (OHSMP)

 

Operation Phase

Mitigation Measures

 

 

 

 

 

 

Environmental Risks

Environmental Impacts

 

Negative

Temperature

· Room Temperature Spikes

·   Temperature spikes could occur at the DAP Data centre (If this is set-up). Spikes could upset normal room temperature conditions and induce heat, consequently causing discomfort.

Installation of temperature measuring devices (infra-red thermal imaging temperature measurement), monitors and cooling devices

Humidity

· Build-up of dew and vapour in the Data Centre

·   Vapour build up in the DAP could increase atmospheric humidity conditions, thereby resulting in more moisture build-up therefore increasing risks of sparks at fires.

Installation of humidity measuring devices, monitors and control technologies,

Fires

· Risk of Fire Outbreaks

·   Ambient temperature changes (increase) may arise if data centre internal temperature rises. System heat increase and thermo-electro reactions may cause sparks and eventual fires.

Installation of fire alarms, and fire control systems ie hydrants, hoses and cooling devices etc

Performance

 

·   Malfunction

· Operation Failure or malfunction of DAP data centre – due to mechanical failure or third-party interference.

· Power outages, which may disrupt work processes.

Regular checks and inspections

 

 

 

 

 

 

 

 


CHAPTER SIX

ENVIRONMENTAL AND SOCIAL ASSESSMENT, AND INSTRUMENTS’ APPLICABILITY

 

6.1 Environmental and Social Assessment Synopsis

The purpose of this Chapter is to provide expert direction on the approach to conducting environmental and social assessments for potential activities under the IPF component of the DISREP. In consistence with the requirements of ESS 1, The IPF implementing Agency (TCN) will carry out environmental and social assessments of the program/activities to assess the environmental and social risks and impacts.

The assessment to be carried should be proportionate to the potential risks and impacts of the project, and will assess, in an integrated way, all relevant direct, indirect and cumulative environmental and social risks and impacts throughout the project life cycle, including those specifically identified in ESSs 2–10. The full information on the ESSs can be obtained at: Environmental and Social Framework (ESF).

 

6.2 Environmental and Social Screening Process

The first step in the screening process is the determination of the’ environmental and social aspects of activities under the IPF component so as to ascertain the type of environmental and social assessment required (if any) in accordance with ESS 1 and consistent with the ESSs. Each activity (i) Procurement and installation of DAP, and ii) Bulk procurement and supply of meters to DISCO warehouses shall be appraised through primary environmental and social screening. This will be undertaken by TCN in conjunction with the FMEnv. The objectives of screening are to (i) screen the environmental and social risks and impacts of a subproject; and (ii) determine the type/s of mitigation measures, assessment, specific plan(s) or safeguard instrument(s) to be prepared based on the outcomes of the screening. The screening process could also be used to identify eligible or ineligible project/program activities[10] for further or no environmental and social assessment, respectively. This is done by analyzing the proposed activities in relation to their environmental & social context (area of influence) using a checklist approach. An Environmental and Social Screening Form is provided in Annex 1. It is essential to state that from a general program conceptualization perspective, the IPF component for DISREP has been classified as low risk. Nonetheless, the screening process of the IPF component activities will inform decision makers and the project management of the true nature and extent of potential environmental and social risks and impacts.

 

The project activities with physical works/interventions require screening (i.e., bulk procurement and supply of meters and procurement and installation of DAP). The environmental and social safeguard screening will occur during the project preparation stage as a soon as the fairly accurate site location(s) is (are) known for the sub-project(s).

 

Scoping

Once field visits and investigations have been completed by the IPF implementing agency (TCN) and the FMEnv, Scoping will be conducted to identify the various aspects (sub-activities) that could have significant environmental and social risks and impacts. The scoping activity will identify issues of critical concerns and also seek to provide solutions to issues such as:

  • What the potential risks and impacts from the execution and operation of the proposed sub-project are?
  • What will be the magnitude, extent and duration of the risks and impacts?
  • What relevance are the impacts on the environmental and social, contexts? Consequently, scoping will be used to identify the biophysical, health, and socioeconomic components of the environment that will significantly be affected by the proposed sub-project activities.

 

Key Considerations for Proposed Environmental and Social Assessments to be Prepared under DISREP

 

 

 

 

 

 

 

 

 

 

 

 

6.2.1 Environmental and Social Assessment Instruments

The TCN PMU, in consultation with the Bank, will identify and use appropriate methods and tools, (scoping, environmental and social analyses, investigations, audits, surveys and studies, to identify and assess the potential environmental and social risks and impacts of the proposed project. The TCN PMU, and the DISREP Task Team Leader (TTL), will review the IPF activities in terms of their proposed works, area of influence, nature, environmental

 

and social concerns and receptors and interim assessment of potential impacts, undertake a selection process for the appropriate tool(s) to suitably address the environmental and social concerns of the proposed sub-project(s).

The approval to conduct the assessment will be given by the Environmental Assessment Department of the FMEnv. These methods, tools and instruments should reflect the nature and scale of the sub-project(s), and will include, as appropriate, a combination (or elements of) the following:

  1. Environmental and Social Management Plan (ESMP)
  2. Hazard or Risk assessment

The instruments proposed and discussed may not be the entirety of instruments to be prepared under the IPF component, considering that the provisions of the ESF allow for flexibility and change adaption to the Risk Classification of programs/projects/sub-projects. However, they include:

Environmental and Social Management Plan (ESMP) – Based on screening and scoping outcomes, the ESMP will be prepared as a stand-alone document when the scoping report suggests that impacts will be site specific and manageable (the activities will involve limited adverse social or environmental impacts that are few in number, generally site-specific, largely reversible, and readily addressed through mitigation measures). For site-specific projects and likewise, site-specific environmental and social risks and impacts, the most suitable instrument may be an ESMP. The ESMP will identify the environmental and social impacts of the proposed activities and define the roles and responsibilities of all critical stakeholders throughout the life cycle of project activities in order to ensure that mitigation measures including cost estimates are implemented and overall sustainability is assured. Importantly, the mitigation measures for which the Contractor is responsible, must be included in the bidding documents. (See section titled: Important Note)

Hazard or Risk Assessment – The supply of bulk meters and the DAP, under the IPF component may result in OHS and community level hazards and risks (ESS1,2 and 4 relevance to the IPF component) as a result of associated works/activities. A Hazard or risk assessment is an instrument for identifying, analyzing, and controlling hazards associated with the presence of dangerous materials and conditions at a project site, and may be suitable and applicable, following decision making. The Bank requires a hazard or risk assessment for projects involving certain inflammable, explosive, reactive, and toxic materials when they are present in quantities above a specified threshold level. For certain projects, the environmental and social assessment may consist of the hazard or risk assessment alone; in other cases, the hazard or risk assessment forms part of the environmental and social assessment.

Important Note:

The TCN PMU, World Bank, FMEnv and other stakeholders involved in the screening and scoping process, must take into consideration the operational arrangement of the DISCOs so that the type of environmental and social assessment and instrument to be prepared captures the true nature of potential risks and impacts. As much as the environmental and social assessment should be proportionate to the identified risks and impacts, a proper understanding of the operational structure of the DISCOs in their coverage areas and consumers population in each distribution zone will aid decision making on the most appropriate and suitable environmental and social assessment instrument to be prepared. On a general operational description, each DISCO is structured as follows:

  1. DISCO Headquarters, where the top-level management and key officials operate from.
  2. DISCOs operate through Business Units and are managed by Business Managers
  3. These Business Units operate sub-stations housing 33kv transformers which supply electricity to 11kv transformers located in several areas comprising numerous consumers. It is essential to note that distribution zones spread across states, and LGAs, and the consumer numbers may exceed thousands or tens of thousands.

In this regard, this ESMF proposes that the environmental and social assessment be conducted at either the following levels:

  1. One Environmental and Social Assessment for both bulk meter supply to DISCO warehouses and transportation and installation of DAPs
  2. Level of each distribution zone (i.e. one assessment per distribution zone)
  3. Business Units could be grouped into “clusters”, and the environmental and social assessment conducted for each cluster, provided the proposed works are similar, across all Business Units in the cluster.
  4. Level of Business Units, individually. This may appear reasonable from diverse schools of thought because the Business Units span across several LGAs and states in a single distribution zone, and assessing the true nature of impacts is vital and important for proposing appropriate and sustainable mitigation measures Nonetheless, conducting the environmental and social assessments for each Business Unit per DISO (distribution zone) will/may not be the best approach. The reasons are that i) too many ESMPs will be prepared ii) the cost implications will be extremely high, iii).

Note: The discretion and decision making to what option or options are most practicable economically, technically and otherwise; will lie eventually with the TCN PMU and the Bank. Level 1/Option 1 has been considered in this ESMF.

It is noteworthy to state that If the risk rating of a subproject increases to a higher risk rating, the TCN PMU will apply the relevant requirements of the ESSs and the Environmental and Social Commitment Plan (ESCP) prepared by the Government of Nigeria prior to the DISREP start-up, which will be updated as appropriate. (The ‘requirements of the ESSs’ will relate to the reasons for which the risk rating has increased).

ESMP Matrix Table

The mitigation measures and other relevant details in the ESMP included in the ESIA report or Stand a-lone ESMP report may be best presented as a matrix table. The matrix table amongst other inclusions should present an describe the following:

 

Environmental and Social Risks and Impacts: This should outline all the potential adverse environmental and social risks and impacts that are associated with the sub-projects especially as it affects environmental and social aspects such as air quality, water (ground and surface water), flora/fauna, soil, waste management issues, labour influx, grievances, GBV/SH, for the pre-supply, installation and operation phases.

 

Mitigation: Based on the environmental and social risks and impacts identified in the prepared ESIAs/ESMPs, the ESMP matrix table should describe with technical details the mitigation measures, (applied according to the mitigation hierarchy) as appropriate.

 

Monitoring: The ESMP should also outline the environmental and social monitoring procedure that will be implemented during the execution of the sub-projects and during operation in order to determine the success of the mitigation measures 9environmental and social performance of the ESMP). The ESMP should include monitoring objectives that specify the type of monitoring activities that will be linked to the mitigation measures, cost and responsible institution for monitoring. Specifically, the monitoring section of the ESMP provides: A specific description and technical details of monitoring measures that include the parameters to be measured, the methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions. Monitoring and reporting procedures should aid to ensure early detection of conditions that necessitate particular mitigation measures and to furnish information on the progress and results of mitigation.

 

Institutional Arrangements: The ESMP should also provide a specific description of institutional arrangements, (i.e., who is responsible for implementing the mitigation measures and carrying out the monitoring regime for operations, supervision, enforcement, monitoring of implementation, mitigation action, financing, reporting and staff training). Additionally, the ESMP should include an estimate of the costs of the measures and activities recommended so that the DISCOs can budget the necessary funds. Similar to the process for carrying out the ESIA, the mitigation and monitoring measures recommended in the ESMP should be developed in consultation with all the affected groups to include their concerns and views in the program/sub-project design.

The box below: describes general statutory procedures for approval of the environmental and social assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER SEVEN

INSTITUTIONAL ARRANGEMENTS FOR ESMF IMPLEMENTATION

 

7.1 Institutional Arrangements

The institutional arrangements for the wider and broader DISREP PforR program takes into note, the importance and relevance of all critical and major stakeholders holders concerned with the DISREP implementation as a whole in Nigeria (PForRs; IPF and TA components respectively). However, considering that this ESMF is prepared on the basis of fulfilment of the Bank’s Environmental and Social Framework Policy for IPF, the institutional arrangement herein described will address only roles and responsibilities as concerns the implementation of the ESMF. For successful and coordinated implementation of the provisions in this ESMF specially with regards to the environmental and social context and aspects of the IPF component activities ((i) Bulk supply of meters, and ii) Installation of DAP for NERC), the implementation arrangement is presented in Table 8 below.

Table 8: Institutional/Implementation Arrangement for the ESMF

S/N

Institution

ESMF Roles and Responsibilities

 

 

1.

FMEnv

The FMENv will assist TCN (Through its WB-TCN PMU) in the screening and approval of subprojects/activities. FMENv will also provide guidance on scoping and necessary additions or modifications to the Terms of Reference of selected environmental and social assessment instruments to be prepared for sub-projects. FMEnv will also give the approval for environmental and asocial assessment and work in collaboration with the TCN PMUand World Bank in disclosing the environmental and social assessment instruments in-country. The FMENv will also aid the TCN PMU in coordinating with the FMENv’s Ministries Departments and Agencies (MDAs) on monitoring responsibilities as regards this ESMF and other program instruments

2.

FMoP

The FMoP will be responsible for the IPF component of DISREP through TCN, and will indirectly play an oversight and supervisory role as the apex ministry by overseeing TCNs roles and responsibilities under DISREP, including implementation of the IPF component specifically, in disclosure of instruments and other requisite clearances or functions.

4.

TCN

TCN will be the implementing Agency for the IPF component and will operate its Environmental and Social Standards’ responsibilities for DISREP through its WB-TCN PMU. At a national level, the disclosure of the ESMF will be undertaken by TCN and issues concerning the implementation of the IPF and TA components in whole; and environmental and social management aspects of the IPF activities specifically, will be communicated by TCN to the DISREP Technical Committee, chaired by the FMoP. Additionally, TCN will be responsible for the bulk procurement of meters for supply to the DISCOs warehouses; and will provide and coordinate ESS oversight to DISCOs through its WB-TCN PMU.

5..

TCN PMU

The TCN PMU is an established Unit, experienced in the implementation of Bank funded projects and programs in the power/energy sector. The TCN PMU consists of Engineers, Project Engineers, Procurement Specialists, Environmental and Social Safeguards Specialist, Monitoring and Evaluation Specialists etc. who will provide expert technical guidance on the matters concerning the IPF component and its sub-projects. Specifically, the Units Safeguards Specialists will provide Technical Assistance on the aspect of implementing the provisions of this ESMF at the level of the DISCOs; mainly in the screening and scoping of sub-projects and in the selection of appropriate environmental and social assessment instruments. It will collaborate with SMEnvs and the FMENv accordingly, and liaise directly with the Bank on issues concerning ESF compliance an ESSs applicability relevance on IPF activities. TCN will be directly responsible for disclosure of all environmental and social assessment instruments prepared in fulfilment of IPF requirements.

6.

Chemical Resettlement and Environment Division of the HSE Dept.

The unit will provide technical support to the TCN-PMU as when necessary or required. Essentially, it will also provide guidance and advisory in the management of e-wastes.

7.

DISCOs HSE Departments

The DISCOs will ensure the proper and safe storage of meters in their respective warehouses, as well as the management of wastes generated from removed packaging. Specifically, as concerns the implementation of the ESMF and execution of environmental and social management responsibilities at the level of their DISCOs; the Health Safety and Environment Departments of each DISCO headquarters will nominate a senior manager/officer (of the HSE Department) to oversee and communicate environmental and social matters directly to the Safeguards Specialists in the TCN PMU. The Manager/Officer will work with Independent Consultants during the environmental and social assessment undertaken for their DISCO/distribution zone.

 

Business Unit Managers/Environmental and Social Desk Officers

For the IPF component, the Business Unit Managers or nominated officers from each Business Unit will serve as Environmental and Social Desk Officers. These will liaise directly with the Manager (HSE Department at the DISCO headquarters) on environmental and social matters at the Business Unit Level.

8.

NERC

NERC will implement the installation of the DAP (Data Centre or Cloud-based system). Specifically, as concerns the implementation of the ESMF and execution of environmental and social management responsibilities at the level of NERC; the Health and Safety Unit of the Engineering, Performance and Monitoring Department at NERC offices will nominate a senior manager/officer to oversee and communicate environmental and social matters directly to the Safeguards Specialists in the WB-TCN PMU. The Manager/Officer will work with Independent Consultants during the environmental and social assessment undertaken for NERC

9.

Supervisory Consultants

Supervisory Consultants will supervise the activities of Contractors engaged to implement the main activities. With regards to environmental and social performance, their responsibilities will include monitoring of the implementation of mitigation measures contained in the Contract Agreement of Contractors and in the implementation of the C-ESMP.

10.

Independent Consultants

Independent Consultant(s) will be procured by the TCN PMU to undertake required environmental and social assessment(s); and likewise prepare the requisite reports. They will liaise with the Safeguards Specialists at the TCN PMU, HSE Managers at the DISCOs and Business Unit Managers/Environmental and Social Desk Officers.

11.

SMEnv, SWMAs and SEPA

Will play a vital role in environmental and social assessment and waste management at the States and DISCOs’ coverage area-levels respectively. Their responsibilities will surface around, guidelines, approvals and permits.

12.

CSOs

CSOs will assist the TCN PMU and DISCOs in strategizing and developing practicable and sustainable community driven approaches for bulk metering operations and activities, specifically. At a national level, the TCN PMU and DISCO Chief Executives could suggest participatory mechanisms that allow CSOs drive proactive electricity consumer sensitization and awareness programs to aid in screening and scoping (from a social perspective) and in mitigating the social impacts associated with proposed sub-projects.

13.

Other Interested Parties

Depending how implementation progresses in the course of the implementation of the IPF component; other interested parties may be identified, and may be essential in the provision of guidance, technical, regulatory or implementation functions associated with this ESMF and other levels of environmental and social management and monitoring.

14.

The World Bank

 

The World Bank has overall responsibility to ensure that its ESF and ESSs are complied with. In addition, the Bank will be responsible for the final review and clearance of environmental and social assessment instruments; as well as reviews and the giving of a “no objection” to the Terms of Reference for instruments (ESIAs, ESMPs, HRAs, etc.).

 

 

Figure 9 below shows a schematic representation of the institutional responsibilities

 

 

 

Figure 9: Institutional Arrangement Summary

 

7.2 Capacity Assessment to Perform Attributed Institutional Roles

The environmental and social sustainability of the DISREP IPF component and its proposed sub-projects is highly and unavoidably dependent on the capacity of the WB-TCN PMU, DISO HSE Departments, NERC HSE Unit, SMEnv, SEPAs and FMEnv to carry out the associated design, planning, approval and implementation activities. It is therefore vital that adequate capacity is available at all levels to carry out respective ESMF responsibilities as well as the implementation of Environmental & Social Management Plans (ESMPs). An assessment of the existing institutional capacity is discussed below. The TCN PMU has the capacity to implement the ESMF, oversee and conduct environmental and social assessment/implementing ESMPs as it is trained on Bank procedures including the ESF and ESSs. The staffing levels at the EA Department of the FMEnv and the Impact Mitigation and Monitoring (IMM) Branch of the EIA division are sufficient with adequate experience to carry out assigned roles. Similarly, the SMEnv, can replicate the responsibilities of the FMEnv at the state levels, SEPAs are mandated by state environmental law to manage municipal wastes and other waste types. Although capacity building will be required, they have in the institutional structure performed assigned responsibilities in this ESMF. CSOs, Supervisory Consultants, Independent Consultants are skilled and experienced organizations or individuals and have capacity to perform respective responsibilities assigned; they will also be responsible for delivering on certain modules for capacity building as described in sub-section 7.2.1 of this ESMF report. For the DISCOs and NERC, the organizational structure to drive their responsibilities exist, with limitations in the processes and procedures that ensure social development, inclusion, non-discrimination accountability and the management of social risks and impacts. This cadres will require capacity building to strengthen the functionality of their HSE departments and units respectively.

 

7.3 Institutional Analysis for Assessment and Management of Environmental and Social Risks and Impacts

An analysis of the applicable administrative and legal framework for this ESMF shows that there are adequate legal and regulatory instruments for environmental and social management in Nigeria. TCN which will be implementing the IPF component of DISREP, is knowledgeable in the Bank’s Environmental and Social Framework Policy as some staff who have participated in implementing Bank funded projects in-country have been trained on the ESF and applicability of the ESSs. Moreover, TCN has considerable experiences in the ESIA/EIA/ESMP process. NERC and the DISCOs have also participated in the Bank’s financed Nigeria Polychlorinated Biphenyls (PCB) Management Project (Closed), where an inventory of PCBs and PCB containing equipment was conducted, and an assessment of their environmental and social management procedures. The likely challenge, to environmental and social assessment and management could be in monitoring and enforcement due to inadequate capacity with regards to skills, knowledge, manpower and equipment for other stakeholders significant to the implementation of the ESMF. Therefore, enhancing the knowledge of program stakeholders and staff, especially those charged with the responsibility to implement this ESMF and subsequent safeguards instruments shall be paramount.

 

7.3.1 Capacity Building Requirements

The capacity building requirements for the implementation of the ESMF is described in Table 9 below.

Table 9: ESMF Implementation Capacity Building Requirements

S/N

Training Modules

Participants

No. of Participants

Location

Duration

Estimated Cost NGN

Estimated Cost USD

1.

Nigeria EIA Law, EA Processes and Proponent Procedures (Screening, Scoping etc)

TCN PMU; DISCOs HSE Department; NERC HSE Unit; Business Unit Managers/E&S Desk Officers

 15

Abuja/Lagos

3 days each

6,361,200.00,

 16,740.00

2.

World Bank ESF, and ESSs (Risk classification, Mitigation hierarchy etc)/ Gender Based Violence (SH/SEA/VAC

TCN PMU; FMEnv, SMEnv; SEPASs; DISCOs HSE Department; NERC HSE Unit; Business Unit Managers/E&S Desk Officers

15

 

Abuja/Lagos

5 days each

6,668,620.00,

17,549.00

5.

Labour Management Procedures

TCN PMU; DISCOs HSE Department; NERC HSE Unit; Business Unit Managers/E&S Desk Officers; Supervisory Consultants; CSOs

10

Asaba/ Kano

1 day each

3,800,000.00

10,000.00

6.

Environmental and Social Monitoring and Reporting

TCN PMU; SMEnv; SEPAs; DISCOs HSE Department; NERC HSE Unit; Business Unit Managers/E&S Desk Officers; Supervisory Consultants; CSOs

20

Abuja/Port Harcourt

2 days each

8,000,000.00

21,053.00

7.

Journey Management Procedures

TCN PMU; Supervisory Consultants;

 

7-10

Calabar/

Akwa Ibom

1 day each

2,470,000.00

6,500.00

8.

E-waste Management and considerations for ESS 3

TCN PMU; SMEnv; SEPAs; DISCOs HSE Department; NERC HSE Unit

20

Lagos

3 days including field visits to Hinckley and E-Terra (see Chapter 8: stakeholders Engagement

7,220,000.00

19,000.00

 

9.

Atmospheric Conditions and Relevance in DAP Data Centre Management

TCN PMU; NERC HSE Unit

10

Lagos

1 days

3,480,040.00

9,158.00

 

Total

 38,000,000.00

100,000.00

The exchanged rate use was at November 30th, 2020 1 USD = NGN 380

Note: Training estimates are considered to cater for i) Resource persons ii) participants per diems, hotel accommodation, feeding, transportation, ii) venue hiring, iv) local and international travels, v) training materials etc.

The estimated Budget for capacity building is NGN 38,000,000.00, (USD100,000.00)

7.4 Safeguard Roles and Responsibilities

TCN: Overall safeguard roles and responsibilities for TCN on DISREP, will be undertaken by the TCN PMU through the PMU’s Environmental and Social Safeguards Specialists. The safeguard responsibilities will also extend to supervisory and oversight functions during procurement, transportation and storage of meters and DAP respectively, and also in the management of e-wastes generated from metering activities of the DISCOs.

 

The Bank is only funding supply and not installation works for meters. However, TCN will provide supervisory functions and oversight of procurement, transportation and storage of meters, similarly for the DAP, inclusive of its installation at NERC; and management of e-wastes generated in the course of carrying out these activities. This is because TCN (as implementing partner) is jointly liable for environmental and social risks and impacts that may arise from sub-projects or activities involving transportation, storage etc, of meters and DAP which it has procured for the DISCOs and NERC respectively through Bank funds. The TCN PMU will fund ESMPs for meters procurement, transportation and storage; and DAP installations respectively. The potential social risks and impacts specifically, during installation of meters are addressed in the ESSA prepared by the Bank, and are handled under the PforR component. 

 

NERC and DISCOs: For NERC, the roles and responsibilities to ensure safeguards and the applicability of the ESSs throughout the supply and operation phases will be with the DISCOs HSE departments and NERC HSE Unit respectively. At the Business Unit Level, this responsibility will be performed by the Business Unit Manager or nominated Environmental and Social Desk officer from the Business Units of the respective DISCO.

Note: An ESMP for the bulk supply of meters to DISCO warehouses and supply and installation of the DAP at NERC, will be prepared. The ESMP is estimated at USD 50,000.00 each.

 

 

CHAPTER EIGHT

ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

 

8.1 Overview

This Chapter describes a generic ESMP for ESMF implementation. This is also a guide for the ESMPs (Matrix Table) to be included in ESIAs or stand-alone ESMP reports under IPF component implementation for DISCOs and NERC. Following on Chapters 5, 6 and 7 where potential generic environmental and social risks and impacts; mitigation measures; and institutional responsibilities have been established, this ESMP brings to synergy and alignment the implementation of mitigations measures to address risks and impacts, and the responsibilities for mitigation and monitoring. The costs for mitigation and monitoring cannot be determined at this point as specific details are unknown. Nonetheless, a site-specific ESMP to be prepared for [ (a) Bulk procurement of meters and supply to DISCO warehouses, and b) Procurement and installation of DAP]; will contain actual estimates.  

For sub-projects which may require environmental and social assessment, the mitigation measures assigned to contractors and their associated cost estimates should be included in the bidding documents to be prepared by the Procurement Specialist(s) at the TCN PMU.

See Table 10 below for ESMP Matrix covering the i) Pre-Supply ii) Supply d iii) Operation Phases.

 


Table 10: Mitigation and Monitoring Plan

 

ESMP – PRE-SUPPLY PHASE

S/N

Activity

Potential Impacts

Mitigation Measures

Responsibility

For Mitigation

Cost of Mitigation USD (Naira)

Parameters to be Measured

Method of Measurement

Performance Indicator

 

Sampling Location

Frequency of Monitoring

Responsibility for Monitoring

Cost of Monitoring USD (Naira)

 

 

A.

ENVIRONMENTAL IMPACTS

1.  

Receiving of Meters/DAP etc. at shipping docks, yards and airports: Offloading and temporary storage

 

Release of fugitive dusts, and fibrils during offloading and storage.  

Avoiding forceful lifting and dropping down, as this will reduce chances of fugitive dust and fibrils from being released.

Cleaning of storage areas and controlled wetting; ventilate areas

Contractor

To be Determined (TBD)

 

Cleaning and Watering schedule

 

Inspection

Reduction in onsite/work area dust levels

Holding and storage areas

Weekly

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

 To be Determined (TBD)

 

2.  

Same as A1

Offloaded and stored packages may overload holding areas and restrict movement and access for other operations

Ensure holding areas are sizable to contain procured commodities.

 

Limit stacking to a particular are, zone or section in the holding areas.

 

stack in such a way that allows for space so as to reduce overloading and restriction to access.

Contractor

To be Determined (TBD)

 

Holding areas’ congestion rate

 

 

 

 

Compliance to zone limiting

 

 

 

 

Stacking arrangement

Inspection

Contractor’s Compliance

 

Holding and storage areas

One-off

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

To be Determined (TBD)

 

3.  

Same as A1

 

Soil contamination/

Pollution

 

 

 

Soil Compacts

Tighten loose connection points; place impermeable material

 

 

Place Hard standing platform

Contractor

To be Determined (TBD)

 

Compliance with mitigation measures

Inspection

 

 

 

 

 

Contractor’s Compliance

 

 

Shipping dock, airports

 

Holding and storage areas

 

 

 

Weekly

 

 

 

 

 

 

 

PIU Safeguards TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

Same as above

4.  

Same as A1

Noise pollution during the offloading and storage in holding areas

Mitigation at source; Use noise barriers; conduct works when human population in the premises is low

Contractors

 

To be Determined (TBD)

 

Noise levels

Noise level measurement

Noise levels are within permissible ranges.

Shipping dock, airports

 

Holding and storage areas

Weekly

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

Same as Above

 

 

 

 

B.

SOCIAL RISKS AND IMPACTS

1.  

Receiving of Meters/DAP etc. at shipping docks, yards and airports: Offloading and temporary storage

 

Noise disturbances from offloading.

Set up temporary noise barriers during offloading and storage.

 

Conduct activities when human population in the area is low

Contractors

TBD

Noise levels

Noise level measurement

Noise levels are within permissible ranges

Shipping dock, airports

 

Holding and storage areas

 

 

Weekly

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

TBD

2.  

Same as B1

Grievances from contractual workers

Establish Grievance Redress Mechanism (GRM)

WB-TCN PMU

Independent Consultant

TBD

GRM processes

One- on -Interviews; Site visits

Rate of grievance resolve

Shipping dock, airports

 

Holding and storage areas

 

Weekly

TCN PMU,

TCN Management

TBD

3.  

Same as B1

Conflicts of interests between contractual workers; on-site security personnel; DISREP actors; management of shipping, etc.

Establish GRM

Contractor

WB-TCN PMU

TBD

Contractors’ Compliance;

 

GRM Process

One- on -Interviews; Site visits

Conflict Rates

Shipping dock, airports

 

Holding and storage areas

 

Weekly

TCN PMU,

TCN Management

TBD

4.  

Same as B1

Physical harassment, theft and thuggery in holding areas; Substance abuse etc.

C-ESMP.

 

Continuous Stakeholder Engagement, Sensitization and capacity building.

 

Ensure CoC compliance

 

Contractor

WB-TCN PMU

(Safeguards Specialists)

 

 

 

 

TBD

Contractors’ Compliance;

 

Frequency of Stakeholder Engagements

Inspections and Report reviews

Rate of illicit behaviours

Shipping dock, airports

 

Holding and storage areas

 

Weekly

TCN PMU

 

TBD

5.  

Same as B1

Females working in holding areas could be physically and sexually harassed. In addition, they could be victims of GBV and SEA.

.

Train Contractor Personnel and organize workshops on GBV and SEA for Contractor staff.

Align with DISREP GBV/SH/SEA mitigation plan if available

WB-TCN PMU

(Safeguards Specialist)

Independent Consultant

TBD

Training Schedule

Training Reports

Compliance to project GBV requirements (mandates in code of conduct

Shipping dock, airports

 

Holding and storage areas

 

One-off

TCN PMU

TBD

Sub-total cost

TBD

 

TBD

C.

OCCUPATIONAL HEALTH AND SAFETY RISKS AND IMPACTS

1.  

Receiving of Meters/DAP etc at shipping docks, yards and airports: Offloading and temporary storage

 

Falls, slips and forced-contact

Implement project specific Occupational Health and Safety Management Plan (OHSMP)

 

Contractor

TBD

Compliance

with OHSMP

 

– No of workers

Trained

 

No of accidents

& injuries

Visual

Observation

 

Interviews

Compliance to mitigation measures proffered in OHSMP;

 

Increase/

decrease in

Lost Time

Injuries

(LTI).

 

Near Misses or accidents;

Reports on unsafe acts or conditions

Project Facilities

Weekly

TCN PMU

Supervisory Consultant

 

TBD

Exposure air pollutants such as fugitive dust and fibrils from packages

Exposure to noise pollution during offloading and storage in holding areas

Risks of Musculoskeletal Disorders (MSDs)

Sub-Total

TBD

 

TBD

Total

TBD

 

TBD

 

 

ESMP – SUPPLY PHASE

S/N

Activity

Potential Impacts

Mitigation Measures

Responsibility

For Mitigation

Cost of Mitigation USD (Naira)

Parameters to be Measured

Method of Measurement

Performance Indicator

 

Sampling Location

Frequency of Monitoring

Responsibility for Monitoring

Cost of Monitoring USD (Naira)

 

 

A.

ENVIRONMENTAL IMPACTS

1.  

Supply of bulk meters to DISCOs (warehouses)

Air Pollution from fugitive dusts and carbon emissions from exhaust fumes as meters and DAP are transported to DISCOs and NERC, respectively

Reduce emissions by retrofitting with emission controls for vehicles.

 

Vehicle inspection and servicing; (Vehicle Emission Testing – VET and Vehicle Emission Screening – VES

Contractor

TBD

CO levels

 

 

 

 

Testing Compliance

Inspection

 

 

 

 

Testing

Reduction in CO levels

 

 

Holding and storage areas

One-off

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

TBD

2.  

Same as A1

Soil Pollution: Leakages from (oil, vehicle fuel, hydraulic fluids) may occur when vehicles are transporting meters and DAP

   Compaction of soil in warehouses when commodities are being offloaded and stored.

Vehicle inspection; testing and tight- fitting of loosened bolts, junctions and connection points.in vehicles.

 

 

 

Install hard-standing material and line with impermeable material

Contractor

TBD

DISO/NERC warehouses

 

 

 

 

 

 

 

Compliance to hardstanding installation

 

 

 

 

Inspection

Contractor’s Compliance

 

Warehouses

Weekly

TCN PMU (Safeguards Specialists); SMEnvs;

 

 

 

 

DISCO HSE Dept./NERC HSE Unit

 

Supervising Consultant

TBD

3.  

Same as A1

 

Noise level increases during transportation;

Vehicle retrofitting with muffles and other sound-proofing or noise reduction technologies.

Contractor

TBD

Compliance to noise control measures

Inspection

 

 

 

 

 

Contractor’s Compliance

 

 

In transit

 

 

 

As when required

 

 

 

 

 

 

 

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

TBD

4.  

Same as A1

Associated activities following supplies could result in generation of, and exposure to e-wastes and solid waste streams

Implement (WMPs) for solid wastes and e-wastes.

 

 

Contractors

 

TBD

Waste management procedures

Observations, checklist etc

Reduction in waste quantities

Compliance to WMP

Business Unit coverage areas

 

DISCO warehouses

Weekly

DISCO HSE Dept./NERC HSE Unit

 

Supervising Consultant

TBD

Sub-total

 

 

 

B.

SOCIAL RISKS AND IMPACTS

1.  

Supply of bulk meters to DISOs (warehouses) & associated activities

Traffic build up and travel delay for motorists and commuters

Implementation Traffic Management Plan (TMP)

 

 

Contractor

TBD

Traffic build up rates associated with the activities

TMP Report

Reduction in traffic rates associated with activities

In transit

As when required

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

TBD

2.  

Same as B1

Noise from heavy-duty vehicles transporting commodities within, and to commercial and residential areas

As much as possible, time scheduling options could reduce or minimize the impacts of noise disturbances in consumer areas/locations.

 

Movement to locations could be started early in the morning when most consumers may be off to work.

 

Additionally, suitable and practicable noise control designs and technologies should be applied

Contractors

TBD

No of complaints

Noise Measurement

Noise levels are within permissible limits

In transit

As when required

TCN PMU (Safeguards Specialists); SMEnvs; Supervising Consultant

TBD

3.  

Same as B1

Grievances from PAPs within the program area of influence. Prolonged power outages during meter installations; or poor labour and working conditions etc

Implement GRM at the level of the sub-projects

 

Early notifications and continuous Stakeholder Engagement

TCN PMU(Safeguards Specialists)

TBD

GRM processes

Effectiveness and efficiency in redressal

Rate of grievance resolve

Shipping dock, airports

 

Holding and storage areas

 

Business Unit Coverage Areas

TCN PMU

TCN Management

TBD

4.  

Same as B1

Conflicts of interests may arise during decision making at the program implementation level; between Contractual workers and general labour, etc.  .

Implement GRM at the level of the sub-project.

 

Implement mitigation measures in the C-ESMP.

 

Stakeholder Engagement, Sensitization and capacity building.

 

Enforce CoC;  

TCN PMU (Safeguards Specialists)

Contractor

 

TCN PMU (Safeguards Specialists)

Supervisory Consultant

TBD

Compliance to all requirements and procedures

Report reviews

Inspections

One-on-One interviews etc

Effectiveness of instruments and procedures

Business Unit coverage areas

Weekly

TCN PMU

TBD

5.  

Same as B1

Temporary power outages. Also, during disconnection and removal of old meters. This might result in temporary interruption of business, commercial, work and livelihood processes and activities that rely on electricity.

Community-driven and participatory initiatives. (road shows, community electricity maintenance groups etc.

 

Early communication and channelling through State governments, LGAs, community leaders, religious leaders, youth groups, women groups etc.

Business Unit Mangers/E&S Desk officers

 

 

DISCO HSE Dept.

TBD

Community perception and behaviour patterns

Focus-group discussion; interviews; radio shows etc

Consumers Electricity supply accreditation feedback levels

Business Unit coverage areas

Bi-Monthly

TCN PMU;

DISCO Headquarters

TBD

6.  

Same as B1

Labour Influx: Risk of social conflicts

Risk of illicit behaviour and practices

Implement Labour Management Plan, LMP; training and enforcement of the CoC cadres.

Contractors

TBD

Contractors Compliance

Inspections, observations

Better and safer working conditions

Business Unit coverage areas

Bi-Monthly

TCN PMU;

DISCO Headquarters

TBD

7.  

Same as B1

GBV- Sexual harassment, SEA and VAC

GBV risk assessment and mapping of GBV services; Align with Program GBV mitigation Plan

 

Sensitization campaigns and awareness

TCN PMU (Safeguards Specialists)

Independent Consultant

CSOs

TBD

Frequency of sensitization programs

Reports

No. of trained/sensitized persons

Business Unit Coverage areas

Bi-Monthly

TCN PMU

TBD

8.  

Same as B1

Child Safety/Child/forced labour

Enforcement of all Cadres of CoCs etc.

TCN PMU (Safeguards Specialists)

Independent Consultant/

CSOs

TBD

Unacceptable Workforce behaviours

Reports, inspections

Compliance to CoC enforcement

Business Unit Coverage areas

Bi-Monthly

TCN PMU

TBD

9.  

Same as B1

Community Safety

Community Health and Safety Plan; Awareness and sensitization

DISCO HSE Dept.

Independent Consultant

CSOs

TBD

Unacceptable Workforce behaviours; unsafe works and hazardous conditions

Reports and inspections; audits

 

Business Unit Coverage areas

Bi-Monthly

TCN PMU

TBD

10.    

Same as B1

Possibility of contracting and transmission of COVID-19

Sensitization and awareness for Contractors

Ensure compliance to guidelines prepared by the NCDC and WHO

TCN PMU (Safeguards Specialists)

CSOs/NGOs

 

 

 

 

TBD

Sensitization record sheets

 

 

  COVID-19 Sensitization reporting

Surveys and interviews

Number of COVID-19 suspected cases

Project facility and proximal communities

Monthly

TCN PMU

DISCO HSE Dept.

Supervising Consultant;

NCDC

 

TBD

 

 

 

 

C.

OCCUPATIONAL HEALTH AND SAFETY RISKS AND IMPACTS

1.  

Supply of bulk meters to DISOs (warehouses) & associated activities

Worker could suffer electrocution, electric burns, falls and traumatic injuries

Implement project (OHSMP)

 

Contractor

TBD

Compliance

with OHSMP

 

– No of workers

Trained

 

No of accidents

& injuries

Visual

Observation

 

Interviews

Compliance to mitigation measures proffered in OHSMP;

 

Increase/

decrease in

Lost Time

Injuries

(LTI).

 

Near Misses or accidents;

Reports on unsafe acts or conditions

Project Facilities

Weekly

TCN PMU

Supervisory Consultant

 

TBD

Sub-total cost

 

 

 

 Total

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ESMP – OPERATION PHASE

S/N

Activity

Potential Impacts

Mitigation Measures

Responsibility

For Mitigation

Cost of Mitigation USD (Naira)

Parameters to be Measured

Method of Measurement

Performance Indicator

 

Sampling Location

Frequency of Monitoring

Responsibility for Monitoring

Cost of Monitoring USD (Naira)

 

 

A.

ENVIRONMENTAL IMPACTS

5.  

Operation of DAP

Room Temperature Spikes in Data Centre

Installation of temperature measuring devices (infra-red thermal imaging temperature measurement), monitors and cooling technologies

NERC HSE Unit

TBD

Temperature changes

Temperature Measurement

Room temperature levels are within normal ranges

Data Centre

Daily

TCN PMU (Safeguards Specialists); FMEnvs;

NERC Mgt

TBD

6.  

Same as A1

Build-up of dew and vapour in the Data Centre

Installation of humidity measuring devices, monitors and control technologies, SMART systems

NERC HSE Unit

TBD

Humidity level changes

Humidity Measurement

Low vapour formation rates

Data Centre

Daily

TCN PMU

(Safeguards Specialists); FMEnvs;

NERC Mgt

TBD

7.  

Same as A1

 

Risk of Fire Outbreaks

Installation of fire alarms, and fire control systems ie hydrants, hoses etc

NERC HSE Unit

TBD

Internal heat level of Data Centre appliances and hardware

Fire Alarm System

Fire rates

Data Centre

Daily

TCN PMU

(Safeguards Specialists); FMEnvs;

NERC Mgt

TBD

8.  

Same as A1

Exposure to dioxin and furans from burning meters

Regular checks and inspections; physical visits could be limited if DISCOs adopt technological monitoring platforms to aid in observing meter health status.

DISCOs

TBD

GHG Emissions – Carbon Monoxide

CO air quality analysis

Compliance to proffered mitigation measures.

Project site

Weekly

TCN PMU

(Safeguards Specialists); SMEnvs; Supervising Consultant

TBD

9.  

Meter operations and maintenance

System failure

Regular checks and inspections

NERC HSE Unit

DISCO HSE Dept.

TBD

Monitors and dashboard readings

Review of System computer/Artificial Intelligence (AI) generated reports

Normalization of system performance

Data Centre

 

DISCO control rooms

Daily

TCN PMU

(Safeguards Specialists);

NERC Mgt

DISCO Mgt

TBD

 

 

 

 

 

 

 

 

B.

SOCIAL RISKS AND IMPACTS

1.  

Supply of bulk meters to DISCOs (warehouses) & associated activities

Loss of employment

Describing clauses clearly, and duration of engagement in contract agreements.

 

Transparency in engagement negotiations and timely notification on end of contracts prior to end-dates

.

DISCOs

NERC

TBD

Contract Agreements

Review of acknowledgement copies of Contract Agreements

Acceptance and understanding of Contract clauses

DISCOs

NERC

Monthly

WB-TCN PMU

NERC Mgt

DISCO Mgt

TBD

 

TBD

 

TBD

C.

OCCUPATIONAL HEALTH AND SAFETY RISKS AND IMPACTS

1.  

TBD

Health and safety risks associated with DAP and Meter inspections

TBD

DISCO HSE Dept;.

NERC HSE Unit

TBD

Incident rates;

Accident rates

Fires etc

Reviews and OHSMS Audit

Compliance to Corporate OHSMP

DISCO/NERC Headquarters and facilities

Monthly

DISCO/NERC Mgt

TBD

Sub-total cost

TBD

 

TBD

Total

TBD

 

TBD


 

8.2 Safeguard Implementation Processes

8.2.1 Monitoring and Reporting

As described in the ESMP matrix table (Table 13), monitoring for evaluating the environmental and social performance of mitigation measures will be done all through the program/sub-project phases (Pre-supply, Supply and Operation Phases) and specifically for sub-projects screened for approval for the preparation of an environmental and social assessment. Summarily, monitoring will be conducted for ESMF implemented and subsequently ESMP implementation for sub-projects.

Reporting Procedures

The reporting procedures are presented in Table 11 below

Table 11: Reporting Procedures

Phase

Responsibilities

Deliverables

Accountability

Pre-Supply

TCN PMU Safeguards Specialists

Report of monitoring activities including

any specific events

TCN PMU,

FMEnv on request

Supply

TCN PMU Safeguards Specialists

Two (2) monitoring Reports, the first to be prepared mid-way into the supplies and the other upon completion of all supplies

TCN PMU,

FMEnv on request

TCN PMU Safeguards Specialists

Additional Reports according to specific conditions e.g. Installations, grievances, Accidents, serious environmental/social impacts etc

TCN PMU,

FMEnv on request

Operation

TCN PMU Safeguards Specialists

Final Monitoring Report including all monitoring activities throughout project

implementation

TCN PMU. Report to be archived and made available to the World Bank, & FMEnv on request

 

Record Keeping and Control

The TCN PMU is required to keep records providing evidence on environmental and social monitoring and E&S performance evaluation for sub-projects (under the IPF component). Such records should be built upon feedback from individual monitoring plans prepared for DISCOs and NERC subprojects; and from a general compliance perspective through the demonstration of oversight functions and supervisory by the TCN PM. These documents should be made available to the Bank and FMEnv upon request.

Contractual Measures

Most of the mitigation measures may be obligatory for the Contractors procured by DISCOs and NERC during the Pre-supply, Supply and Operation Phases. Contractual measures to be should include:

  • Environmental and Social clauses: Environmental and social mitigation measures to be undertaken by the Contractor.
  • Cost of mitigation measures only be added to the cost of the contractual document as a provisional sum.
  • Need to prepare a Contractor’s Environmental and Social Management Plan (CESMP) which should emphasise specifically, the Contractor’s approach to minimizing environmental and social impacts during implementation of activities. The CESMP should take guidance from the Contractor’s mitigation responsibilities as presented in the ESMP. The CESMP must be submitted by the Contractor and approved by the TCN PMU before works commence.
  • Contractor’s Code of Conduct – Preventing GBV/SH, SEA, VAC: A Contractor’s Code of Conduct should be prepared by the Contractor, and signed; and forms part of the bids/contract agreement. To a minimum, the Code of Conduct should address: Standards of Conduct such as (a) Conflicts of interest (b) quality of products and services, (c) health and safety- reporting injuries and unsafe conditions (d) workplace violence, labour and human rights, ethics, customer relations, reporting violations, (e) sex with a person under 18 is prohibited etc.
  • Individual Code of Conduct Preventing GBV/SH, SEA, VAC: At a minimum, the individual code of conduct should spell out acceptable behaviour, consequence of violation, the routes for resolution of conflicts in any instance where personal interests conflict general interests regarding to the project work, outside work conduct, due diligence in providing required services, individual commitment to sustainable environmental practice during project implementation activities, etc.
  • Manager’s Code of Conduct Preventing GBV/SH, SEA, VAC: The Manager’s Code of Conduct should to a minimum address: Manager’s obligations to workers which include i) worker’s compensation plan, ii) resolution of conflict among workers (iii) obligations to payment of workers’ salaries (iv) workers’ health care (v) general communication protocol (vi) disciplinary procedures (vii) procurement recruitment and termination procedures, etc

8.2.2 Grievance Redress Mechanism (GRM)

A program-level GRM will be prepared. The GRM must take into cognizance the program components being implemented by TCN; in terms of activities and the traditional and conventional peculiarities of the distribution zones and the communities they service. The mechanism will assume responsibility for occurrences and issues that have direct relation to, or bearing on the activities that are being carried out for achieving the expected outcomes of the IPF component. The overall responsibility for the coordination of the DISREP GRM will lie within TCN (TCM PMU). The PMU level will be responsible for the collection of grievances of higher severity that may come directly to the PMU office based on the procedure and grievance classification adopted. But the uptake of grievances and recording will be at different levels from the service areas and Business Units to the top. The following processes should be part of the GRM – Registration of complaints, verification, processing, implementation and closing date, feed-back.

 

ESMF Cost Estimates

The total estimated cost for the ESMF implementation and monitoring for all project locations is estimated at One Hundred and Sixty-Five Thousand United States Dollars Only. USD 165,000.00 This is equivalent to Sixty-Two Million, Seven Hundred Thousand Naira Only 62,700,000 NGN. See Table 12 below.

 

Table 12: ESMF Overall Estimate

S/N

Item

Responsibility

Estimated Cost (NGN)

Estimated Cost (US$)

 

 

1.

Mitigation

Contractors and other parties involved in mitigation

TBD

TBD

2.

Monitoring

TCN PMU; FMEnv; etc SMEnv; SEPA; DISCO Mgt, NERC Mgt

TBD

TBD

Sub-total

Nil

Nil

3.

Capacity Building

TCN PMU, Other relevant MDAs

38,000,000.00

100,000.00

4.

ESMP Preparation

TCN-PMU

19,000,000.00

50,000.00

5.

Sub – Total

 

57,000,000.00

150,000.00

6.

Contingency

10% of Sub-Total

  5,700,000.00

  15,000.00

TOTAL

62,700,000.00

165,000

Note: USD to Naira exchange rates as at 30th November, 2020 (1 USD = 380 Naira) was applied and figures rounded up.


 

ESMF Disclosures

After the ESMF review and clearance by the World Bank, the following below describes the process of disclosure as shown in Table 13.

 

Table 13: ESMF Disclosure Procedure

S/N

Action

Remarks

 

 

1

Disclosure in 2 National newspapers

The TCN PMU will disclose the ESMF as required by the Nigeria EIA public notice and review procedures

2

Disclosure in 2 state newspapers

The TCN PMU will disclose the ESMF as required by the Nigeria EIA public notice and review procedures

3

Disclosure in 2 local newspapers

The PIU will disclose the ESMF as required by the Nigeria EIA public notice and review procedures

4

Disclosure at the DISCOs, NERC, BPE, FMoP, FMEnv office and the SMEnv in all the Distribution Zones/States

The PIU will disclose the ESMP as required by the Nigeria EIA public notice and review procedures

5

Disclosure at the TCN office

The PIU will disclose the ESMP as required by the Nigeria EIA public notice and review procedures

6

Disclosure at the Local Government Office where Business Units are Located

The purpose will be to inform stakeholders about the program’s activities; environmental and social impacts anticipated and proposed environmental and social mitigation measures.

7

Disclosure on the World Bank external website or InfoShop

The ESMF will be disclosed according to the World Bank Disclosure Policy- OP/BP 17.50


CHAPTER NINE

STAKEHOLDER ENGAGEMENT

 

9.1 Overview

Stakeholder engagement is an inclusive process conducted throughout the project life cycle. Where properly designed and implemented, it supports the development of strong, constructive and responsive relationships that are important for successful management of a project’s environmental and social risks. For this reason, stakeholders’ engagement must be started early in the project cycle because it guarantees the ‘social license to operate’ by signalling to communities and other local stakeholders that their views and well-being are considered important.

In this section, consultations with key stakeholders with regards DISREP, and the implementation of the IPF component, specifically are discussed. A Stakeholder Engagement Process (See Table 10) was developed in order to achieve proper stakeholder identification and mapping. The process is further detailed in the stand-alone SEP. The objectives focused on obtaining the views of relevant stakeholders on subject matter relating to proposed activities to be undertaken under the IPF component.

9.2 Stakeholder Engagement Process

As part of the Stakeholder engagement process, the Consultant embarked on a Stakeholder mapping with the TCN (the IPF implementing Agency)

 

The following steps were taken for the stakeholders’ engagement process

 

  1. Identification of Stakeholders
  2. Prioritization of Stakeholders
  3. Understanding the Identified Stakeholders and their areas of influence/interest
  4. Mapping of Stakeholders

 

See Table 14 below.

 

Table 14: Stakeholders Engagement Process

S/N

Key Stakeholder Engagement Activities

Stakeholders Identified

Level of Influence on the Project

 

 

 

ü Desktop study, Literature reviews of industry/ sub-sector operations; program area of influence 

ü Mapping of primary stakeholders (specifically interested Parties)

ü Initial identification of stakeholders in association with Distribution Sub-Sector operations

ü Introductory stakeholders’ engagement and meetings for discussions and feedback on relevant sector and sub-sector community and local issues, including grievance redress, Gender Based Violence (sexual harassment and SEA) and opinions from Civil Society Groups

BPE

The influence of BPE on the program extends to overall program management. BPE will operate the Project Management Unit and on-lend World Bank funds to DISCOs. BPE will also be responsible for implementing the PforR component of DISREP

TCN

As Implementing Agency for DISREP, TCN will deal directly with the DISCOs in terms of achieving program objectives concerned with the IPF and TA components of the program

NERC

NERC is a major actor and direct beneficiary of DISREP. NERC’s involvement will cut across all three (3) components of the program

DISCOs

The DISCOs are also major actors and beneficiaries of the program. Majorly they deal with electricity supply and distribution to customers. For the design of DISREP, the DISCOs play an important role for the achieving of the 3 result areas under the PforR component, but specifically as concerns the IPF component, will be recipients of the bulk meter supplies and responsible for installation activities.

 

FMoP

Apex federal ministry and policy maker for the energy sector and key constituent of the DISREP Technical Committee alongside other interested parties.

 

FMEnv

The FMEnv will collaborate with TCN for screening of sub-projects under the IPF component

 

NBET

Crucial in dealing and liaisons between players in the energy sector.

 

 

Civil Society Organizations

Network for Electricity Consumer Advocacy of Nigeria (NECAN)

This CSO is responsible for providing a structure platform for electricity consumers to be better organized sensitized and constructively engaged.

 

9.3 Fundamentals of Stakeholder Engagement Approach for Implementation of DISREP

Consultations: The objectives of consultations for DISREP included receiving input for improved decision-making about the design and implementation arrangements of the IPF component to contribute to improved governance, operational, customer service results and sustainability.

Collaboration: Collaboration was established with identified stakeholders to allow for effective decision-making processes so as to make decisions more responsive to stakeholder needs and improve the sustainability of program and sub-project outcomes through increased ownership by stakeholders.

Collecting, Recording, and Reporting on Inputs from Stakeholders: Stakeholder feedback on various dimensions of public services provided will be collected periodically through the PMU domiciled in BPE and at TCN. These may to a minimum include: inclusiveness in decision-making, resource utilization or engagement processes.

Stakeholders-led Monitoring: Involving stakeholders in monitoring services and products delivery, revenues, budget execution, procurement, contract awards, and reform policies will increase transparency, improve efficiency of service delivery or budget execution, and reduce opportunities for corruption. Additional entry points for stakeholder’s engagement in monitoring will include collaboration with national, state and local-level CBOs/NGOs, communities, local academia, or think-tanks in gathering results data and conducting joint evaluations of project results after project completion (including in the preparation of project Implementation Completion Reports).

Capacity Building for Stakeholder Engagement: Capacity building for all relevant stakeholders (CBOs, communities, government officials, and national accountability institutions) is particularly necessary and needs to be systematically integrated into World Bank Group (WBG) supported operations where Stakeholder Engagement (SE) approaches are introduced for the first time at scale at the national, sectoral, program, or project level. A focus on building government capacity is also important to ensure the sustainability of engagement processes beyond the life of a project intervention.

 

9.4 Stakeholder Engagement Summary

With the outbreak and spread of COVID-19, the Government of Nigeria, imposed mandatory directives and guidelines to exercise strict adherence to social distancing, to avoid public gatherings in order to prevent and reduce the risk of the virus transmission.  The stakeholder consultations for this ESMF Report were undertaken in view of the “Public Consultations and Stakeholder Engagement in WB-supported Operations when there are Constraints on Conducting Public Meetings”. The major steps followed included i) permitting smaller meetings, and conducting consultations in small-group sessions, such as focus group meetings ii) conducting meetings through GSM phone conference calls, online channels, zoom and skype and iii) creation of online chat groups appropriate for the purpose, based on the type and category of stakeholders;

This section therefore provides a summary of the stakeholders’ engagement or consultation process. All consultations are summarized in a table format. Table 15 below shows the summary of stakeholders’ engagement.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Table 15: Summary of Stakeholder Consultations

Items

Description

 

Date of Consultation

5th of October, 2020

Time: 10:00AM

Location

Abuja, Nigeria

Name of Stakeholder(s)

Transmission Company of Nigeria (TCN)

Language of communication

English

Subject Matter

DISREP Implementation Capacity; Environmental and Social Management Procedures

 Questions/Concerns/Complaints/ Suggestions (From Stakeholders)

The Consultant gave a brief overview on the ESMF in relation to the DISREP IPF component and engaged TCN management and the Coordinator, Environmental and Social Management – Transmission Rehabilitation and Expansion Program (ESM-TREP) on a focus-group discussion. He also informed that TCN is identified to be the IPF Implementing Agency for DISREP and will also implement the TA component.

· At commencement, the stakeholder requested clarifications on the PforR financing and IPF; and why the ESMF is required for only the IPF component.

· Environmental and Social Management Procedures: The Consultant enquired to know if TCN has an organizational-level environmental and social operations manual to guide activities resulting in environmental and social risks and impacts. According to TCN, the organization does not have its Environmental and Social Management Operations Manual, rather it adopts provisions as contained in the FMEnv Manual as well as guidelines established by international development banks and organizations e.g. World Bank.

· Capacity for environmental and social monitoring: Additionally, the Consultant raised concerns about the capacity of TCN for environmental and social monitoring; specifically, as regards DISREP IPF component activities. In response, TCN expressed that it is highly equipped to handle environmental and social management, and monitoring. The Company has, and is currently benefiting from Bank funded projects; in which several levels of capacity building programs on environmental and social management and monitoring have been conducted. Therefore, TCN expressed its leadership advantage in ensuring environmental and social monitoring of project activities and monitoring of environmental and social performance indicators.

· Environmental and Social Management System (ESMS) Compliance with ISO 14001 requirements: Respondents from TCN, did not specifically state compliance of their ESMS to ISO 14001. Nonetheless, TCN informed the consultation process that its operations are consistent with TCN’s general Corporate ESMS, and management ensures to follow-up and update guidelines while carrying out environmental and social management (ESM)activities. The Chemical, Resettlement and Environment Division of the HSE department is solely responsible for ESM activities and implementation.

· OHS Policy and Occupational Health and Safety Management System (OHSMS): The organization has an OHS policy and well-organized system in place. The Health, Safety and Environment (HSE) Department is responsible for OHS activities and the policy is upgraded considering the ISO 45001 requirements. Furthermore, during any project activity, TCN provides its workers with safety materials as well as training on safety procedures on site. The Organization also carries out safety compliance checks periodically on and off project sites.

· As regards integration of environmental and social risks into the procurement process, the Director, Planning and Procurement stated that TCN has an inherent practice of integrating environmental and social risks in its procurement processes. The organization understands the legal implications associated with non-compliance to regulatory requirements and extends environmental and social accountability in practically all its activities.

· Additionally, representatives from TCN informed that the Company is in the process of preparing an implementation plan to integrate environmental and social risks and impacts in the procurement process, with Green Public Procurement as a strong motive.

· As regards the role of TCN as Implementing Agency of the IPF component, the Consultant enquired on how TCN plans to support the DISCOs in their eventual activity of bulk meter installations country-wide. In response, TCN stated that it carries out intensive sensitization and awareness before, during and after project implementation. In the case of DISREP, and with the objective of managing customer expectations, reactions, concerns etc; TCN will provide guidance to DISCOs in brainstorming on robust communication, awareness and sensitization modalities to effectively manage consumer responses to eventual sub-project activities.   

· In the light of policies and systems in place for the promotion of, social inclusion, people/workers living with disabilities and gender equality, TCN adopts International policies and standards, Nigerian legal provisions and those of international development partners

Similarly, TCN uses the World Bank Guidance Notes on Gender Based Violence and Sexual Harassment (GBV/SH) to guide its management of gender issues.

· For conflicts and resolutions in operations, especially those funded by Donor agencies, the management of TCN informed that it implements Grievance Redress Mechanisms (GRMs) for each project/program.

Remarks / Responses / Recommendation (By Consultant, ESM-TREP)

· With respect to guidance to be provided to DISCOs during implementation of sub-project activities associated with “bulk supply of meters, the Consultant brought to note that social trends, behaviours, approaches and communication reception may differ in the various distribution zones. In that regard, if TCN is to guide DISCOs then it will need to examine various alternatives provided by the DISCOs and appraise them. Essentially, the appraisal should consider social dynamics and most efficient, transparent and socially accountable ways of communication e.g. the need and objective being bulk metering but also in turn, receive and address consumer complaints and concerns, in a timely and efficient manner.

· A very critical input was the basis for the ESMF and why it will focus only on the IPF component. In response the Consultant made clear, that the PforR financing is basically for programs where results are the expected outcome. (Projects for Results is a World Bank Financing Instrument which links disbursement of funds directly to the delivery of defined results, helping countries improve the design and implementation of their own development programs and achieve lasting results by strengthening institutions and building capacity). However, the Bank’s environmental and social framework policy recommends that an environmental assessment be conducted for IPF.

 

 

 

Date of Consultation

6th of October, 2020

Time: 10:30AM

Name of Stakeholder(s)

Distribution Companies: Abuja DISCO, Benin DISCO, Eko DISCO, Enugu DISCO, Ibadan DISCO, Ikeja DISCO, Jos DISCO, Kaduna DISCO, Kano DISCO, Port Harcourt DISCO, Yola DISCO

Language of communication

English

Subject Matter

DISREP – Community Relations, Environmental and Social Governance, Occupational Health and Safety, Contractors Management, etc.

Questions/Concerns/Complaints/ Suggestions (From the Consultant)

Similarly, a background to DISREP was made by the ESM-TREP and the rationale and objectives of the ESMF were made known to the stakeholders by the Consultant. The DISCOs where educated on their relevance in ensuring the achievement of the program outcomes of the IPF component, including their benefits from the capacity building program included in the TA component. General introductions were made and the stakeholder engagement commenced.

· The Consultant, requested for the DISCOs to discuss their capacities and corporate management processes and procedures for the handling, containment, treatment and final disposal of e-wastes, bringing to mind the likelihood of the generation of large stockpiles of e-waste during the installation of meters (as old meters may be disused and removed from service). Specifically, the Kano DISCO, stated that decommissioned meters are inventoried and transported to their scrap room and tightly contained. Subsequently, they are sold off to registered and certified vendors with the Kano State Ministry of Environment. The end-process of disused meters would be to recycle or finally dispose according to the directives or guidelines of the Ministry.

· Alternatively, the Abuja DISCO mentioned that it conducts an audit to ascertain meters that are obsolete, operational or need to be changed. Once removed from service, such meters are classified as e-waste by the Abuja DISCO. The e-waste is then aggregated (tens of thousands). The DISCO has identified 2 accredited and certified vendors (Hinckley E-Waste Recycling and E-Terra Technologies). E-wastes generated by their operations are also recycled.  

· The feedback from the DISCOs with regards to e-waste management, informed on further questions surrounding the management of Contractors in ensuring environmental and social management of risks and impacts when carrying out their contractual engagements.

· The Ikeja DISCO stated that their agreements for contractors take into note environmental, occupational health and safety, and labour condition clauses.

· Ibadan DISCO stated that the adherence to the use of Personal Protective Equipment (PPEs), is a major prerequisite for contractors, and negligence and non-compliance will most times result in a termination of contract. An induction program is also organized by the DISCO for its contractors.

· The Jos DISCO emphasized that it follows through with its HSE policy; ensuring education and sensitization for contractors. In addition, contract agreements include strong clauses on work ethics, gender inclusion and safety requirements.

· Alternatively, the Yola DISCO audits the quality management system of its contractors, and ensures that contractors develop short and long-term mitigation measures for potential risks and impacts.

· On the aspect of previous activities involving the installation of meters, the Abuja DISCO specifically mentioned that it has applied various methods including public hearings, visits, road shows, town hall meetings, video adverts and notifications, one-on-one interviews and customer group interactions. The DISCO made known to all, that most information communicated on electrical matters is responded to, effectively by customers and consumers in rural and low-income areas when disseminated by the religious leaders (a useful lesson learnt). This was sited also in case of Right-of Way (ROW) violations.

· Grievance Redress – For grievance redress, the Kano DISCO informed that it uses “Special Customer Groups”, to target and receive grievances from low-income households in the city areas. The DISCO also applies the Community Social Responsibility (CRS) initiative to foster good and better relations, and obtain suggestions, recommendations and complaints. Adult literacy classes are also an initiative offer by the DISCO to enhance community relations, consumer reliability and perceptions. Nonetheless, there are financial constraints in implementing these initiatives to the fullest.  Importantly, consumer liaisons are extended to residential consumers and Small and Medium Enterprises (SMEs). The DISCO has also helped set-up transformer committees in neighbourhoods which facilitate the payment of electricity bills at their respective communities. The DISCO also mentioned that it conducts social education on metering, outreach programs and engages civil society organizations in their works.

· In line with community metering, the Abuja DISCO stated there is a huge trust deficit between customers and DISCOs as estimated billing hasn’t exactly helped in this regard. A level of suspicion also exists in the area of capped billing, and customers may show a level of resistance when new installations are proposed to be undertaken. Resistant persons may end up bribing technicians to decline in conducting new installations.

· Environmental and Social Management Procedures: The Consultant enquired to know if the DISCOs have organizational-level environmental and social operations manuals to guide activities resulting in environmental and social risks and impacts. According to them, they are guided by the Nigerian Electricity Health and Safety Standards Manual, prepared by NERC (2012) and use its provisions in their environmental and social procedures. Although limitations in their system to address social issues exist.

· Capacity for environmental and social monitoring: Additionally, the Consultant raised concerns about the capacity of DISCOs for environmental and social monitoring; specifically, as regards e-wastes generation from program activities, and impacts on other environmental and social sensitivities/receptors. In response, all DISCOs have HSE Departments to address these. However, capacity building is still required.

· Environmental and Social Management System (ESMS) Compliance with ISO 14001 requirements: On the issue of the ESMS, few of the DISCOs confirmed the existence of theirs.

· OHS Policy and Occupational Health and Safety Management System (OHSMS): All DISCOs have an OHS or HSE policy and system in place, but the actual nature of effectiveness will be determined in further consultations precisely during detailed environmental and social assessments and in the course of implementing the Stakeholder Engagement Plan (SEP), being prepared as a stand-alone instrument in line with ESS 10. Additionally, a stand-alone Labour Management Plan (LMP) will further address issues of labour and working conditions in line with ESS 2 and capture more specific OHS issues associated with the DISCOs.

Questions/Concerns/Complaints/ Suggestions (From Stakeholders)

· The Ministry of Lands and Survey commended the visit of the Consultant; however, the Ministry redirected the Consultant to the Ministry of Arts, Culture and Tourism for the acquisition of the cadastral map.

· Further to the above, the Environmental and Social Safeguards Specialists in the PIU team were requested to make a formal request to the ministry in this regard.

 

 

 

 


ESMF Disclosures

After the ESMF review and clearance by the World Bank, the following below describes the process of disclosure as shown in Table 16.

 

Table 16: ESMF Disclosure Procedure

S/N

Action

Remarks

 

 

1

Disclosure in 2 National newspapers

The TCN PMUwill disclose the ESMF as required by the Nigeria EIA public notice and review procedures

2

Disclosure in 2 state newspapers

The TCN PMUwill disclose the ESMF as required by the Nigeria EIA public notice and review procedures

3

Disclosure in 2 local newspapers

The PIU will disclose the ESMF as required by the Nigeria EIA public notice and review procedures

4

Disclosure at the DISCOs, NERC, BPE, FMoP, FMEnv office and the SMEnvs in all the Distribution Zones/States

The PIU will disclose the ESMP as required by the Nigeria EIA public notice and review procedures

5

Disclosure at the TCN office

The PIU will disclose the ESMP as required by the Nigeria EIA public notice and review procedures

6

Disclosure at the Local Government Office where Business Units are Located

The purpose will be to inform stakeholders about the program’s activities; environmental and social impacts anticipated and proposed environmental and social mitigation measures.

7

Disclosure on the World Bank external website or InfoShop

The ESMF will be disclosed according to the World Bank Disclosure Policy- OP/BP 17.50


REFERENCES

 

DISREP PAD

DIREP Concept Note

World Bank ESF

Nigeria EIA Sectorial Guidelines

DISREP Labour Management Procedures

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX 1

SCREENING CHECKLIST

 

DISREP GENERIC ENVIRONMENTAL AND SOCIAL SCREENING FORM

Name of the Sub-Project: ……………………………………………………………………………………………………………………………………….

Sub-Project: …………………………………………………………………………………………………………………………………………………………..

Implementing Agency: …………………………………………………………………………………………………………………………………………….

Contact:  ………………………………………………………………………………………………………………………………………………………………….

 

 

 

No

 

Environmental and social Risk

 

YES /

 

Unknown

 

Notes

ESS

 

 

Questions

 

NO

 

 

 

 

 

 

 

 

 

 

 

 

1

Will the proposed activity include new

 

 

 

 

 

 

ESS1

 

 

construction and/or extension of activity?

 

 

 

 

 

 

 

2

Will the proposed activity include

 

 

 

 

 

 

ESS1

 

 

rehabilitation of existing facilities?

 

 

 

 

 

 

 

 

3

Does the proposed project belong to the list of projects for which full EIA is mandatory under the national law?

 

 

 

 

 

 

LFN

(Law of the Fed. of Nig.)

4

Does the proposed activity require other

 

 

 

 

 

 

ESS1

 

 

type of EA under national or state legislation?

 

 

 

 

 

 

 

5

Does the proposed activity require specific

 

 

 

 

 

 

ESS10

 

 

public consultations under the national

 

 

 

 

 

 

 

 

 

legislation?

 

 

 

 

 

 

 

6

Does the project support activities on WB

 

 

 

 

 

 

ESS1

 

 

Exclusion list?

 

 

 

 

 

 

 

7

Does the project use natural resources

 

 

 

 

 

 

ESS3

 

 

such as land, water, materials or energy,

 

 

 

 

 

 

 

 

 

particularly any resources which are non-

 

 

 

 

 

 

 

 

 

renewable or in short supply?

 

 

 

 

 

 

 

8

Will the project activity be performed in or

 

 

 

 

 

 

ESS8

 

 

  around an archaeological or

 

 

 

 

 

 

 

 

 

  cultural heritage site or will the project result in an adverse impact on physical cultural resources?

 

 

 

 

 

 

 

9

 Will the project activity constitute a source of

 

 

 

 

 

 

ESS1, ESS3

 

 

dust, criteria pollutants or some hazardous, toxic or

 

 

 

 

 

 

 

 

 

   harmful substances in the air?

 

 

 

 

 

 

 

10

Will the project result in or be a source of

 

 

 

 

 

 

ESS3, ESS4

 

 

greenhouse gases or ozone depleting

 

 

 

 

 

 

 

 

 

substances?

 

 

 

 

 

 

 

11

 Will the project result in microclimate

 

 

 

 

 

 

ESS3

 

 

changes?

 

 

 

 

 

 

 

12

Will the project constitute a source of noise and/or

 

 

 

 

 

 

ESS1, ESS3,

 

 

vibration?

 

 

 

 

 

 

ESS4

13

Will the project generate significant

 

 

 

 

 

 

ESS1,

 

 

volume of waste (such as hazardous,

 

 

 

 

 

 

ESS3, ESS4,

 

 

nonhazardous, inert waste)?

 

 

 

 

 

 

 

14

Will the Project involve the use, storage,

 

 

 

 

 

 

ESS1, ESS2,

 

 

transport, handling or production of

 

 

 

 

 

 

ESS3, ESS4,

 

 

substances or materials which could be

 

 

 

 

 

 

 

 

 

harmful to human health or the environment

 

 

 

 

 

 

 

 

 

or raise concerns about actual or perceived

 

 

 

 

 

 

 

 

 

risks to human health?

 

 

 

 

 

 

 

16

Are there any risks of contamination of soil from release of waste or used materials from the project?

 

 

 

 

 

 

ESS1,

 

 

 

 

 

 

 

 

 

ESS3, ESS4,

 

 

 

 

 

 

 

 

 

 

 


 

 

 

No

 

Environmental and social Risk

 

YES /

 

Unknown

 

Notes

 

ESS

 

 

Questions

 

NO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17

 Will the project activities directly or indirectly present risks of potential groundwater contamination?

 

 

 

 

 

 

 

ESS1,

 

 

 

 

 

 

 

 

 

 

ESS3, ESS4

 

 

 

 

 

 

 

 

 

 

 

 

20

Are there any risks of physical changes of

 

 

 

 

 

 

 

ESS1,

 

 

the terrain, soil pollution, sediment loads,

 

 

 

 

 

 

 

ESS3.

 

 

 etc.?

 

 

 

 

 

 

 

 

22

Are there any areas on or around the

 

 

 

 

 

 

 

ESS1, ESS6

 

 

location that are used by protected,

 

 

 

 

 

 

 

 

 

 

important or sensitive species of fauna or

 

 

 

 

 

 

 

 

 

 

flora e.g. for breeding, nesting, foraging,

 

 

 

 

 

 

 

 

 

 

resting, overwintering, migration, which

 

 

 

 

 

 

 

 

 

 

could be affected by the Project?

 

 

 

 

 

 

 

 

 

23

Will the project constitute the fragmentation of habitats of the flora and fauna?

 

 

 

 

 

 

 

ESS 1, ESS3, ESS6

24

Will the project be located in or near some

 

 

 

 

 

 

 

ESS1, ESS6,

 

 

sensitive or protected area?

 

 

 

 

 

 

 

ESS8

25

Are there any areas or features of high

 

 

 

 

 

 

 

ESS1, ESS8

 

 

landscape or scenic value on or around the

 

 

 

 

 

 

 

 

 

 

location which could be affected by the

 

 

 

 

 

 

 

 

 

 

Project?

 

 

 

 

 

 

 

 

26

Will the project activities (E.g. Transportation of bulk meter) increase the risk of exposure to radiations?

 

 

 

 

 

 

 

ESS1. ESS2, ESS3, ESS4

 

 

 

 

 

 

 

 

 

 

 

27

Are there any transport routes on or around

 

 

 

 

 

 

 

ESS1 (TMP), ESS4, ESS5

 

 

the location that are susceptible to

 

 

 

 

 

 

 

 

 

 

congestion or which cause environmental

 

 

 

 

 

 

 

 

 

 

problems, which could be affected by the

 

 

 

 

 

 

 

 

 

 

Project?

 

 

 

 

 

 

 

 

 

28

Will the project constitute an intrusion into private places or residences or will it disrupt the normal life of the inhabitants of a place?

 

 

 

 

 

 

 

ESS1, ESS2, ESS4

 

29

Will the proposed project cause impact on community assets?

 

 

 

 

 

 

 

ESS5

 

30

Will the project constitute risk to safety and human health or will the project present an unsafe work situation? (EMF, Electric shock, etc.)

 

 

 

 

 

 

 

ESS2

 

31

Will the project result in an increase in Labor Influx in and around the area?

 

 

 

 

 

 

 

ESS1, ESS2, ESS4

 

32

Will the project likely increase the risk of exposure to any form of physical, sexual or psychological harm to women and children (E.g. SH, SEA, GBV, VAC, etc.) from Labor Influx?

 

 

 

 

 

 

 

ESS1, ESS2, ESS4

 

33

Will the project aggravate tensions or will it be affected by existing problems or social conflicts around the area?

 

 

 

 

 

 

 

ESS1, ESS4

 

34

Will the project generally present a significant impact on community health and safety?

 

 

 

 

 

 

 

ESS4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX 2

SAMPLE ESMP OUTLINE

 

The ESMP Report should to a minimum have the following content.

 

Chapter 1: Introduction

Chapter 2: Legal and Regulatory Frameworks

Chapter 3: Project Description and Baseline Studies

Chapter 4: Identification and Assessment of Environmental and Social Impacts

Chapter: Environmental and Social Monitory Plan

Chapter 6: Stakeholders Engagement

Chapter 7: Grievance Redress Mechanism

Chapter 8: Recommendations

 

  1. a) Mitigation

The ESMP identifies measures and actions in accordance with the mitigation hierarchy that reduce potentially adverse environmental and social impacts to acceptable levels. The plan will include compensatory measures, if applicable. Specifically, the ESMP:

  • Identifies and summarizes all anticipated adverse environmental and social impacts;
  • Describes–with technical details–each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate;
  • Estimates any potential environmental and social impacts of these measures; and
  • Takes into account, and is consistent with, other mitigation plans required for the project (e.g., for involuntary resettlement, indigenous peoples, or cultural heritage)
  1. Monitoring

The ESMP identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the environmental and social assessment and the mitigation measures described in the ESMP. Specifically, the monitoring section of the ESMP provides.

 

A specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and Monitoring and reporting procedures to:

  • Ensure early detection of conditions that necessitate particular mitigation measures, and
  • Furnish information on the progress and results of mitigation.
  • Capacity development and training

To support timely and effective implementation of environmental and social project components and mitigation measures, the ESMP draws on the environmental and social assessment of the existence, role, and capability of responsible parties on site or at the agency and ministry level.

 

Specifically, the ESMP provides a specific description of institutional arrangements, identifying which party is responsible for carrying out the mitigation and monitoring measures (e.g. for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). To strengthen environmental and social management capability in the agencies responsible for implementation, the ESMP recommends the establishment or expansion of the parties responsible, the training of staff and any additional measures that may be necessary to support implementation of mitigation measures and any other recommendations of the environmental and social assessment.

  • Implementation schedule and cost estimates
  • For all three aspects (mitigation, monitoring, and capacity development), the ESMP provides: (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) the capital and recurrent cost estimates and sources of funds for implementing the ESMP. These figures are also integrated into the total project cost tables.
  1. Integration of ESMP with project

The Borrower’s decision to proceed with a project, and the Bank’s decision to support it, are predicated in part on the expectation that the ESMP (either stand alone or as incorporated into the ESCP) will be executed effectively. Consequently, each of the measures and actions to be implemented will be clearly specified, including the individual mitigation and monitoring measures and actions and the institutional responsibilities relating to each, and the costs of so doing will be integrated into the project’s overall planning, design, budget, and implementation.


ANNEX 3

SAMPLE WORKERS OCCUPATIONAL HEALTH & SAFETY MANAGEMENT PLAN

S/n

Potential Hazards

Recommended Actions (OHS Measures/Safety Procedures)

Responsibility

Costs

 

 

1.

Unsafe behaviours[11]and Unsafe conditions[12]will pose a serious occupational health and safety risk.

Hazardous conditions or practices likely to impact on occupational health and safety will include:

a) Loading and offloading of metering equipment

b) Uninstallation of disused meters

c)  Conveying and lifting of other heavy equipment

d) Use and exposure to hazardous energy i.e. electrical works

 

TCN PMUhas a responsibility to ensure the health and safety of all persons working on the TCN PMUProject including, their own employees, DISCOs and other contractual workers.

· In this regard, the TCN PMUshall: Define systems of work and requirements for staff and workers, to ensure their health and safety at the loading, offloading, as well as installation sites. This means that TCN PMUwill require workers to follow safe systems of work, meet statutory and other requirements (Nigeria and International), and audit their capability to safely manage work.

· Provide information needed by the workers to document and carry out work in a safe manner

· Provision of first aid and first aiders

· TCN PMUshould provide information on hazards and their associated risks while working on any specific part of the different activity sites. This will workers document their procedures for managing work around hazardous conditions, and to ensure they are aware of these hazards.

· Review DISCOs’ Safe Work Method Statement to ensure they comply with the Bank’s Environmental and Social safeguards and statutory HSE Requirements.

· Any Safe Work Method Statements submitted at tender should be reviewed to ensure safety and environmental requirements have been fully met.

· Ensure that DISCOs follow all safety and environmental requirements.

· TCN PMUshould monitor health and safety during the different phases of work. Pre-start checks, inspections and audits will be conducted while on- site. These checks will look at work practices and methods, equipment conditions and suitability, and competency of people through checking the permits, licenses etc. Individuals are not permitted to bring, use or be under the influence of alcohol or non-prescribed drugs on site.

TCN PMU

 

 

 

· Provision of Hazard Communication Procedures (HAZCOM); Job Hazard Analysis (JHA); OHS Training program; Accident Investigation; Hazard/Risk Assessment and Management; OHS responsibilities;

· Electrical Safety and Log out – Tag out (LOTO); Emergency management, Provision of and mandatory instructions to wear rubber gloves, fall protection gear, etc.

· Prohibition of drug and alcohol use by workers while on the job.

· Provision of adequate first aid, first aiders, PPE, signage (English languages).

· Restriction of unauthorized access to all areas of high-risk activities

· Provision of specific personnel training on worksite OHS management

· Workers should get a daily induction/toolbox before going on the site and a refresher of what happened on site a day before

· prevent harassment or kidnapping of workers

DISCOs

 

 

2.

Compensation claims, (MEEPS)

M: Materials (Hazardous)

E: Environment (Workplace)

E: Equipment

P: Personnel and other persons in the workplace

S: System (the work system exposing workers and others to the hazard)

· DISCOs are responsible for ensuring that safety and health hazards associated with the work they are performing, are satisfactorily controlled and do not pose a risk. In the process of carrying out their work a worker may introduce other hazards. These hazards and controls identified by the DISCOs must be considered in the Safe Work Method Statements.

· DISCOs are responsible for ensuring the health and safety of their workers. This means that the DISCOs is responsible for ensuring that: a) their workers are adequately trained and competent in performing their tasks, and in basic safety procedures. b) Are provided information about processes and materials which are hazardous. c) Are issued with appropriate safety equipment and have appropriate instruction in its use. d) Have safe work methods and are adequately supervised to ensure safe work. e) Workplace safety inspections are regularly carried out. f) There is access to first aid equipment and trained persons.

DISCOs

 

 

 

 

Total Cost for Implementing OHSP

 

 

 

It is noteworthy to state that, proper costing of the annexes will be done at the required instrument level


ANNEX 4:

SAMPLE JOURNEY MANAGEMENT PLAN (JMP)

 

In general, a Journey Management Plan is required for all projects that could have an impact on MOBILITY – including interruptions to pedestrians or motorists, road accidents, vehicle breakdown, etc.

 

The objective of this JMP is to ensure that the proposed journey for the distribution of meters to DISCOs warehouses is successfully done to save life, money and time, in spite of the various conditions around us and the actions of others.

 

Components of the Journey Management Plan

 

The proposed JMP for the distribution of meters to all 11 DISCOs warehouses across Nigeria should to a minimum address the following:

  1. Drivers’ selection: The driver must have a minimum of five years of experience. He must have undergone relevant and applicable drivers training at least 3 times within the past 5 years. His experience must cover good sense of judgment and an excellent driving skill. The driver must be physically and mentally fit for the journey, no drugs (marijuana, narcotics, and tranquilizers).
  2. Vehicle condition: The vehicles must have a pre-mobilization certificate issued after inspection by WB-TCN PMU. The pre-mobilization should to a minimum, consider:
  • Seat belt for all occupants, except in trucks and buses where it is provided only in the front seats
  • One side mirror or each side.
  • One fire extinguisher.
  • A first aid box.
  • Indication of current tire pressure.
  • Reverse alarm for trucks and buses.
  1. Trip condition: Weather is the most important factor in trip condition. If it is raining, the driver must adjust his speed limit accordingly, if it is a sunny day, he should make sure that the sun will not disturb his driving else, the PMU will provide for him coloured or photo chronic glasses.
  2. Weather condition: Prior to the journey, drivers should study the weather conditions, especially when roads are wet and slippery, they should be aware that:
  • Reflection depending on intensity of the rays and mirage can constitute a driving hazard during the day.
  • Restricted visibility glare reflection form other vehicles may affect ones driving ability in the night, and the driver should adjust his driving to suit the current weather condition.
  • Light scattering on windscreen can affect the vision of the driver; therefore, the driver should not over drive the headlight, and ensure that the windscreen is always clean to avoid these effects.
  1. In vehicle Monitoring System (IVMS): The speed of all heavy-duty vehicles in use should be monitored with installed IVMS. This will help to keep track of speed, distance travelled and bad driving habits.
  2. Vehicle Loads: This component of the JMP puts in check that:
  • All loads shall be adequately placed and well secured.
  • Any vehicle carrying an abnormally large and heavy load shall be marked in front and rear to warn other road users.
  • Loads protruding beyond the rear of the vehicles shall be marked by a red flag by day and red light by night.
  • No load shall exceed the width of the vehicle unless the vehicle is provided with an escort, who shall be giving on-coming vehicles advance warning of the loaded vehicle.
  • Personnel shall not be carried in the load carrying area of goods vehicle.

 

 

 

 


ANNEX 5:

SAMPLE WASTE MANAGEMENT PLAN

 

S/N

Potential Source

Waste Streams

Waste Type

Recommended Measures

Responsibility

Costs

 

1.

Food wastes from Onsite food vendors; Plastic wastes

 

Municipal Solid Waste / Biodegradable Wastes

 

General Waste

 

· Provide and encourage the use of waste collection bins at specific locations within the project facilities for proper disposal of wastes. This practice should be continuously encouraged throughout project implementation phase.

· Proper sorting, temporal onsite storage and stockpiling of all collected wastes including all organic and inorganic wastes until final disposal

· Grossly discourage indiscriminate waste disposal practices such as disposal into drainages

· All waste designated “Combustible” shall be disposed of in collaboration with the State Waste Management Agency. Wastes otherwise designated as “Recyclable” shall be disposed of in any designated dumpsite in the State

DISCOs/SWMA/SEPAs

 

2.

Disused meters and other electrical equipment at DISCOs warehouses

E-wastes

 

 

 

 

Waste wires, switches, batteries, meters etc.

 

·   Conduct onsite inventory of e-wastes

·   Segregate and store e-wastes separately from other waste streams. Identify e-wastes that can be reused or repaired

·   Where they cannot be reused; liaise with certified or accredited vendors to collect and manage e-wastes according to State and National Laws

·   Ensure proper final disposal of all e-wastes in accordance to NESREA guidelines and collaboration with the State Waste Management Agency

DISCOs/SWMA/SEPAs

 

 

 

 

 

Total cost for implementing WMP

 

 

 

 

 

 

 


ANNEX 6

COMMUNITY OCCUPATIONAL HEALTH & SAFETY MANAGEMENT PLAN

 

This Community Occupational Health & Safety Management Plan addresses the TCN PMUcommitment to: 

  1. Mitigate potential impacts of Project related activities that may affect the health, safety and security of communities within the Project areas and along the transportation route;
  2. Maintain a healthy workforce and labour pool in the community; and
  3. Contribute to the improved health and wellbeing of the local community in the Project areas.

 

S/n

Potential Hazards

Recommended Actions (OHS Measures/Safety Procedures)

Responsibility

Costs

 

 

1.

Emissions from heavy-duty vehicles

·  Haul trucking limited to daylight hours;

·  Attention to haul vehicle design, avoid downward pointing exhausts;

·  Maintenance checks of all heady-duty vehicles

·  Retrofit all heavy-duty vehicle exhaust pipes with scrubber

·  Use of modern well-designed vehicles and equipment; and

·  Regular monitoring.

WB-TCN PMU

 

2.

Electrocution

·  Early awareness should be given to the nearby communities, with respect to project activities (installation), to prevent risk of electrocution.

DISCOs

 

 

3.

Road accidents

·  Control speed limits;

·  Ensure haul trucks are not overloaded and are covered where necessary;

·  Investigate reasons and implement more strict or new measures if need it

·  Community awareness across all DISCOs warehouses

·  Strict Adherence to the Journey Management Plan development for the project

TCN PMU/DISCOs

 

 

 

 

Total Cost for Implementing OHSP

 

 

 

 

 

 

 

 

 

 

ANNEX 7:

SAMPLE CODE OF CONDUCT

MANAGER’S CODE OF CONDUCT

DISCOs Managers at all levels have particular responsibilities to create and maintain an environment that prevents SH and SEA. They need to support and promote the implementation of the Company Codes of Conduct. To that end, Project Managers are required to sign up to Codes of Conduct applicable to their managerial duties within the context and also sign the Individual Codes of Conduct. This commits them to support and develop systems that facilitate the implementation of this action plan and maintain a SH-free, child-safe and conflict-free work environment. These responsibilities include but are not limited to:

Mobilization

  1. Establish a SH/SEA Compliance Team from the contractor’s and consultant’s staff to write an Action Plan that will implement the SH and SEA Codes of Conduct.
  2. The Action Plan shall, as a minimum, include the
  3. Standard Reporting Procedure to report SH and SEA issues through the project Griev­ance Redress Mechanism (GRM);
  4. Accountability Measures to protect confidentiality of all involved; and,

iii. Response Protocol applicable to SH survivors/survivors (including access to support coping and post-trauma management strategies) and perpetrators.

  1. Engagement of the services of social service providers (NGOs) with requisite skill in the prevention and management of SH and SEA.

 

  1. Coordinate and monitor the development of the Action Plan and submit for review to the RAMP-PIU safeguards teams, as well as the World Bank prior to mobilization.
  2. Update the Action Plan to reflect feedback and ensure the Action Plan is carried out in its entirety.
  3. Provide appropriate resources and training opportunities for capacity building so members of the compliance team will feel confident in performing their duties. Participation in the Compliance tame will be recognized in employ­ee’s scope of work and performance evaluations.
  4. Ensure that contractor, consultant and client staff are familiar with the RAMP GRM and that they can use it to anonymously report concerns over SH and SEA.
  5. Hold quarterly update meetings with the compliance team to discuss ways to strengthen resources and SH/SEA support for employees and community members.
  6. In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. Use background and criminal reference checks for all employees.
  7. Ensure that when engaging in partnership, sub-grant or sub-recipient agreements, these agreements
  8. a) incorporate this Code of Conduct as an attachment;
  9. b) include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers to comply with this Code of Conduct; and
  10. c) expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against SH and SEA, to investigate allegations thereof, or to take corrective actions when SH/SEA has occurred, shall constitute grounds for sanctions and penalties.

Training

  1. All managers are required to attend an induction manager-training course prior to commencing work on site to ensure that they are familiar with their roles and responsibilities in upholding the SH/SEA Codes of Conduct.
  2. Provide time during work hours to ensure that direct recruits attend the mandatory induction training, which covers SH/SEA training required of all employees prior to commencing work on site.
  3. Managers are required to attend and assist with the NGO-facilitated monthly training courses for all employees. Managers will be required to introduce the trainings and announce results of consequential evaluations.
  4. Collect satisfaction surveys to evaluate training experiences and provide advice on improving the ef­fectiveness of training.

 

Prevention

  1. All managers and employees shall receive a clear written statement of the company’s requirements with regards to preventing SH/SEA in addition to the training.
  2. Managers must verbally and in writing explain the company and individual codes of conduct to all di­rect recruits.
  3. All managers and employees must sign the individual ‘Code of Conduct for SH and SEA, including acknowledgment that they have read and agree with the code of conduct.
  4. To ensure maximum effectiveness of the Codes of Conduct, managers are required to prominently display the Company and Individual Codes of Conduct in clear view in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas, health clinics.
  5. Managers will explain the GRM process to all employees and encourage them to report suspected or actual SH/SEA
  6. Mangers should also promote internal sensitization initiatives (e.g. workshops, campaigns, on-site demonstrations etc.) throughout the entire duration of their appointment in collaboration with the compliance team, service providers and in accordance to the Action Plan.
  7. Managers must provide support and resources to the compliance tea and service provider NGOs to create and disseminate the internal sen­sitization initiatives through the Awareness-raising strategy under the Action Plan.

Response

  1. Managers will be required to provide input, final decisions and sign off on the Standard Reporting Pro­cedures and Response Protocol developed by the compliance team as part of the Action Plan.
  2. Once signed off, managers will uphold the Accountability Measures set forth in the Action Plan to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of SH/SEA (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law).
  3. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally re­sponsible for ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which the decision was made.
  4. Managers failing to comply with such provision can be in turn subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest-ranking man­ager. Those measures may include:
  5. Informal warning
  6. Formal warning

iii. Additional Training

  1. Loss of up to one week’s salary.
  2. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months.
  3. Termination of employment.

I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to SH and SEA. I under­stand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in disciplinary action.

 

FOR THE EMPLOYER

 

Signed by ____________________

 

Title: _________________________

Date: _________________________

 

CONTRACTOR CODE OF CONDUCT

The company is obliged to create and maintain an environment which prevents Sexual Harassment (SH) and Sexual Exploitation & Abuse (SEA) issues. The company is also required to maintain an environment where the unacceptability of SH and actions against children are clearly communicated to all those involved in the project. In order to prevent SH and SEA, the following core principles and minimum standards of behaviour will apply to all employees without exception:

  1. SH/SEA constitutes acts of gross misconduct and are therefore grounds for sanctions, penalties and/or termination of employment. All forms of SH/SEA including grooming are unacceptable, be it on the work site, the work site surroundings, project neighbourhoods or at worker’s camps. Prosecution of those who commit SH or SEA will be followed.
  2. Treat women, children (persons under the age of 18), and men with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
  3. Do not use inappropriate language or behaviour towards women, children and men. This includes harassing, abusive, sexually provocative, derogatory, demeaning or culturally inappropriate words, gestures or actions.
  4. Sexual activity with children under 18—including through digital media—is prohibited. Mistaken belief regarding the age of a child and consent from the child is not a defence.
  5. Sexual favours or other forms of humiliating, degrading or exploitative behaviour are prohibited.
  6. Sexual interactions between contractor’s and consultant’s employees at any level and member of the communities surrounding the work place that are not agreed to with full consent by all parties involved in the sexual act are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex – such sexual activity is considered “non-consensual” within the scope of this Code.
  7. All employees are required to attend an induction training course prior to commencing work on site to ensure they are familiar with the SH/SEA Code of Conduct.
  8. All employees must attend a mandatory training course once a month for the duration of the contract starting from the first induction training prior to commencement of work to reinforce the understand­ing of the institutional SH and SEA Code of Conduct.
  9. All employees will be required to sign an individual Code of Conduct confirming their agreement to support SH and SEA activities.

I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to SH and SEA. I under­stand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in disciplinary action.

FOR THE COMPANY

Signed by ____________________

Title: _________________________

Date: _________________________

 

 

 

 

 

 

 

 

WORKER’S CODE OF CONDUCT

I, __________________________________________ (name of worker), acknowledge that preventing Sexual Harassment (SH) and Sexual Exploitation & Abuse are important. SH/SEA activities constitute acts of gross misconduct and are there­fore grounds for sanctions, penalties or termination of employment. All forms of SH or SEA are unacceptable either on the work site or neighbouring project communities. Prosecution of those who commit SH/SEA will be followed as appropriate according to applicable laws. I also acknowledge the need to maintain peaceful relationships and interactions with residents of project areas.

Specifically, I agree that while working on projects of the DISREP, I will:

 

  1. Maintain conflict-free relationships with residents of project areas when such relationships and interactions become necessary.
  2. Consent to police background check.
  • Treat women, children (persons under the age of 18), and men with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
  1. Not use language or behaviour towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate.
  2. Not participate in sexual activity with children—including grooming or through digital media. Mistaken belief regarding the age of a child and consent from the child is not a defence.
  3. Not engage in sexual favours or other forms of humiliating, degrading or exploitative behaviour.
  • Not have sexual interactions with members of the communities surrounding the work place and work­er’s camps that are not agreed to with full consent by all parties involved in the sexual act. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activ­ity is considered “non-consensual” within the scope of this Code.
  • Attend and actively partake in training courses related to HIV/AIDS, SH and SEA as requested by my employer.
  1. Report through the GRM or to my manager suspected or actual SH and/or SEA by a fellow worker, whether in my company or not, or any breaches of this code of conduct.

With regard to children under the age of 18:

  1. Wherever possible, ensure that another adult is present when working in the proximity of children.
  2. Not invite unaccompanied children into my home, unless they are at immediate risk of injury or in phys­ical danger.
  • Not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor’s permission, and ensure that another adult is present if possible.
  • Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any medium (see also “Use of children’s images for work related purposes”).
  • Refrain from physical punishment or discipline of children.
  1. Refrain from hiring children for domestic or other labor which is inappropriate given their age or devel­opmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury.
  • Comply with all relevant local legislation, including labour laws in relation to child labour.

Use of children’s images for work related purposes

When photographing or filming a child for work related purposes, I must:

  • Before photographing or filming a child, assess and endeavour to comply with local traditions or restric­tions for reproducing personal images.
  • Before photographing or filming a child, obtain informed consent from the child and a parent or guard­ian of the child. As part of this I must explain how the photograph or film will be used.
  • Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive.
  1. Ensure images are honest representations of the context and the facts.
  • Ensure file labels do not reveal identifying information about a child when sending images electronically.

 I understand that it is my responsibility to use common sense and avoid actions or behaviour that could be con­strued as SH or SEA or breach this code of conduct. I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to SH and SEA. I understand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in disciplinary action and may affect my ongo­ing employment.

 

Signed by ____________________

   (Worker)

 

Title: _________________________

 

Date: _________________________

Signed by ____________________

(Employer/Manager)

 

Title: _________________________

 

Date: _________________________

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX 8:

EXERPTS FROM LABOUR MANAGEMENT PROCEDURES

The main Labor Management Procedures (LMP) was developed to identify and manage risks associated with labor and working conditions under the Distribution Sector Recovery Program (DISREP). It identifies labor requirements in line with applicable laws, standards and sets out the procedures for addressing labor conditions and risks associated with the DISREP in line with the World Bank Environmental and Social Standard 2 (ESS2).

 

An overview of labour use and characterization on the project has been provided.  The LMP has assessed the potential labour risks associated with the project based on type of work and workers and documented appropriate mitigation measures.

 

Compliance obligations have also been documented which will serve as supplemental policies that will guide the implementation of this LMP including national laws, international laws, and in particular, the World Bank ESS2.

The LMP sets out policies and procedures governing the following:

· Non-discrimination and equal opportunity

· Age of employment

· Terms and conditions of employment

· Working conditions

· Occupational health and safety

· Forced labour

· Sexual harassment (SH), sexual exploitation and abuse (SEA), gender-based violence (GBV)

· Grievance Redress mechanism (GRM)

· Right of association and collective bargaining

· Community health & safety

· Contractors management

· Primary suppliers

· Discipline and termination of employment

 

Roles and responsibilities for implementing the LMP has also been documented in line with the project structure for implementing the DISREP.The LMP recognizes the need for establishing a grievance redress mechanism for workers and a procedure has been provided to guide development of site-specific labour management plans by contractors.

 

Procedures

  1. Non-discrimination and equal opportunity

Employment of project workers will be based on the principles of non-discrimination and equal opportunity. There will be no discrimination with respect to any aspects of the employment relationship, including recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. The following measures will be followed by the Implementing Agencies, DISCOs and contractors and monitored by the respective ESSHS/HSE teams:

  • Recruitment procedures will be transparent, public and non-discriminatory, and open with respect to ethnicity, religion, sexuality, disability or gender;
  • Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post;
  • All workers will have written contracts describing terms and conditions of work and will have the contents explained to them. Workers will sign the employment contract;
  • Depending on the origin of the employer and employee, employment terms and conditions will be communicated in a language that is understandable to both parties;
  • In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulty understanding the documentation.

 

  1. Age of Employment
  • DISREP will only engage person at minimum age of eighteen (18) and this will be enforced at recruitment and monitored by the IAs, DISCOs and contractors.
  • Contractors will verify the identify and age of all workers. This will require workers to provide official documentation, which could include a birth certificate, national identification card, passport, or medical or school record. Contractors will liaise with community members to attest to the age and conduct of all local hires and maintain a list of same.
  • Hired project workers above 18 will conduct their activities in ways that are not detrimental with respect to education or be harmful to the child’s health or physical, mental, spiritual, moral or social development
  • If a child under the minimum age is discovered working on the project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, considering the best interest of the child.

 

  • Terms and Conditions of Employment
  • Terms and conditions of direct workers will be determined by their individual contracts and public service rules (for government staff), and are guided by terms and conditions stipulated in the Public service rules (2008 edition).
  • Consultants will apply the terms and conditions stipulated in their contract of engagement.
  • The conditions of employment will set out workers’ rights under national labor and employment law (which will include any applicable collective agreements), including job title, supervisor, their rights related to hours of work, wages, overtime, compensation and benefits, contract duration, disciplinary procedures, rules & regulations, procedure for termination of appointment, as well as those arising from the requirements of this LMP. This information and documentation will be provided at the beginning of the working relationship and when any material changes to the terms or conditions of employment occur
  • Oral communication and explanation of working conditions and terms of employment will be provided where project workers do not read or have difficulties understanding the documentation
  • Project workers will be paid on a regular basis as required by national law and in the conditions of employment. Deductions from payment of wages will only be made as allowed by national law or the labor management procedures, and project workers will be informed of the conditions under which such deductions will be made

 

  1. Working conditions
  • Project workers will be provided with facilities appropriate to the circumstances of their work, including access to canteens, hygiene facilities, and appropriate areas for rest.
  • Where workers camps are provided to project workers, policies will be put in place and implemented on the management and quality of accommodation to protect and promote the health, safety, and well-being of the project workers, and to provide access to or provision of services that accommodate their physical, social and cultural needs in line with the DISREP ESMF
  • Employees and contractors will ensure accessibility of facilities, resources and information communication for project workers with disabilities including the provision of wheelchair ramps or elevators, or alternative formats of communication, such as large print, Braille, accessible digital formats or audio tape
  • Provide protection and assistance for pregnant women against prejudice, physical harm, unfair dismissal and allow for adequate maternity leave in line with applicable laws
  • Ensure work place ergonomics including:
  • adequate lighting to avoid eyestrain including protective screens on computers
  • position computer workstation at a parallel position to the eyes
  • use of supportive chairs for good lumbar support
  • good housekeeping practices
  • proper layout of electrical wires and appliances
  • fire extinguishers

 

  1. Occupational Health and Safety

Employees and contractors will implement the following procedures:

  • Conduct hazard and risk assessment for all job types
  • Provide preventive and protective measures for such risks, including modification, substitution, or elimination of hazardous conditions or substances
  • Provide adequate work tools, first aid boxes, appropriate personnel protective equipment (PPEs) and implement job controls such as work permits and standard operating procedures (SOPs)
  • Provide HSE/OHS training for workers and maintain records of such trainings
  • Document and report occupational accidents, diseases and incidents to the relevant authority in line with the project structure, implement correction, investigate the root cause, develop and implement corrective action plan (CAP). Fatalities should be reported to DISCO/TCN/NERC, and to the World Bank within 48hours or as soon as root cause investigation has been carried out and draft CAP prepared
  • Prepare emergency prevention and preparedness and response plan, assign responsibilities, train responsible parties, test and improve on such plans
  • Institute Environmental, Social, Health and Safety System (ESHSS) and ensure training for associated workers in line with the required national labour requirements, World Bank ESS2 requirements and procedures set out in this LMP
  • It is recommended to include women representative on OHS team to help design policies and practices responding to the needs of female project workers
  • Provide mechanism for consultation and participation of workers in OHS matters and implementation of OHS measures
  • Project workers have the right to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health

 

  1. Forced Labour
  • Employees and contractors will not make use of any work or service which is exacted from an individual under threat of force, penalty, coercion, abduction, fraud, deception. DISREP will not entertain any kind of involuntary or compulsory labor, such as indentured labor, bonded labor, or similar labor-contracting arrangements. No trafficked persons will be employed in connection with the project.
  • Workers will be allowed free and informed consent of the type of job they are ben engaged to perform
  • Where forced labor is discovered in the project’s workforce, prompt action will be taken to address the practice that has coerced the worker, and reported to the DISCO, TCN, NERC as appropriate to be addressed in accordance with national law

 

  • Sexual Harassment (SH), Sexual Exploitation and Abuse (SEA), Gender Based Violence (GBV)
  • All category of workers in DISREP will be made aware of zero tolerance to matters relating to SEA/SH/GBV
  • All contractors will sign code of conduct forms as provided in annex 2
  • IAs, DISCOs, contractors will establish and inform workers of a reporting mechanism for such incidents including referral services
  • Implement any World Bank approved GBV action plan prepared for the project

 

  • Grievance Mechanism (GRM)

A grievance mechanism will be provided for all direct workers and contracted workers (and, where relevant, their organizations) to raise workplace concerns. Such workers will be informed of the grievance mechanism at the time of recruitment and the measures put in place to protect them against reprisal for its use.

Measures will be put in place to make the grievance mechanism easily accessible to all such project workers. The GRM will be in line with the procedures set out in chapter 7 of this LMP

  1. Right of Association and Collective Bargaining
  • Workers will be allowed rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference
  • Employees will also provide information needed for meaningful negotiation in a timely manner
  • Employees will not discriminate or retaliate against project workers who participate, or seek to participate, in such workers’ organizations and collective bargaining

 

  1. Community Health & Safety
  • Employees will implement site specific procedures to manage community health and safety risks including risk assessment and emergency response plan
  • All workers will sign code of conduct (CoC) (see annex 2 for CoC sample and procedures) which will manage labour relations with local communities

 

While DISREP is committed to promote the use of local labour, the following procedures will be adopted:

  • No worker will be forced to do work
  • Assess the health and safety risks to which the community workers may be exposed and implement actions to avoid, minimize and mitigate such risks
  • Local labour will also be provided with safe and healthy working conditions, appropriate PPEs, defined terms of engagement, adequate wages and other conditions outlined in this LMP
  • Communicate with community workers in a language and form understandable to them so that they know what to expect from the project and their own responsibilities under the project

 

  1. Contractors Management
  • The IAs and DISCOs will ensure that contracted workers (contractors, subcontractors, brokers, agents or intermediaries) are legitimate and reliable entities
  • Have documentation of their business licenses, registrations, permits and approvals
  • Should have safety and health personnel, review their qualifications and certifications
  • Records of safety and health violations, and responses, accident and fatality records and notifications to authorities
  • Records of legally-required worker benefits and proof of workers’ enrolment in relevant programs, worker payroll records, including hours worked and pay received
  • Contractors to prepare Labor Management Plans as part of Contractor’s ESMPs based on the provisions of this LMP and the details of labor to be used in those contracts. These plans will be reviewed and cleared by the DISCOs/PMU, as appropriate.
  • Contracted workers will have access to a grievance mechanism as provided in section 7 of this LMP

 

  • Primary Suppliers
  • The IAs and DISCOs will review industry labor issues relating to the supply of goods and materials that will be required under DISREP and the risks, and implement actions to mitigate such risks
  • The IAs and DISCOs will also track suppliers’ performance to help inform whether procedures and mitigation measures are being appropriately implemented and provide feedback on performance and any new areas of risk
  • Specific requirements on child labor, forced labor and work safety issues will be included in all purchasing orders and contracts with suppliers

 

  • Discipline and Termination of Employment

Project workers will receive written notice of termination of employment and details of severance payments in a timely manner: one month for skilled labour, one week for unskilled labour. However, in cases of gross misconduct, termination can be immediate but must be accompanied with proper incident report, fair, without prejudice and ensure adequate documentation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] PforR – Projects for Results is a World Bank Financing Instrument which links disbursement of funds directly to the delivery of defined results, helping countries improve the design and implementation of their own development programs and achieve lasting results by strengthening institutions and building capacity.

[2]Result Area 1: Improved DISCO performance

[3] Result Area 2: Enabling diversification of commercial options for DISCOs to supply their demands

[4] Result Area 3: Strengthened governance and transparency

 

[5] UN Women data from 2011.

[6] UN CEDAW 2017.

[7] UNICEF 2018.

[8] Zonal arrangement – In Nigeria, the influence of the operations of the DISCOs is organized through zones. This means that based on geographical criteria and location of distribution assets, DISCOs ensure electricity supply to geographical areas under the coverage of their infrastructural network.

[9] www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines

 

[10] Ineligible project activities/sub-projects – Sub-projects screened and identified to have no significant environmental and social risks and impacts can move straight to implementation in accordance with pre-approved standards, guidelines or codes of practices for environmental and social management.

[11] Unsafe Behaviours – are behaviours that expose workers or visitors to the work place, to hazards and risks. These may include, horse-play; not undergoing training before commencing a hazardous activity; not wearing appropriate Personal Protect Equipment (PPEs), not reporting worksite incidents or accidents etc

[12] Unsafe Conditions – represent onsite situations or settings that predispose works or visitors to worksite to hazards and risks such as uncovered ditches, naked energized electric wires or cables, exposed rotatory machinery, leaking poisonous or noxious gases, exposed nail-tip in a wooden floor, etc.

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