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Evaluation environnementale et sociale du renforcement de I’interconnexion electrique INGA - ZAMBIE (SAPM) Republique democratique du Congo Bureau central de coordination RAPPORT VERSION FINALE MAI 2003 Notre dossier : 603199 Demande No : 102/2002/BCECO SNC*LAVALIN International Division Environnement Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
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Page 1: World Bank Documentdocuments.worldbank.org/curated/en/... · ASSIGNMENT . Among the projects in the program to upgrade the DRC’s interconnected network, the SNEL obviously gives

Evaluation environnementale et sociale du renforcement de I’interconnexion electrique

INGA - ZAMBIE (SAPM)

Republique democratique du Congo Bureau central de coordination

RAPPORT VERSION FINALE

MAI 2003 Notre dossier : 603199

Demande No : 102/2002/BCECO

SNC*LAVALIN International

Division Environnement

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Administrator
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SNC*LAVALIN International

ENVIRONMENTAL AND SOCIAL ASSESSMENT OF THE ELECTRICAL INTERCONNECTION

INGA -ZAMBIA (SAPM)

EXECUTIVE SUMMARY

1. BACKGROUND

The current environmental impact study pertains to the planned upgrade to be performed by the Societe Nationale d’Electricite (SNEL) of the Democratic Republic of the Congo (DRC) on the national power transmission grid, which is interconnected with that of Zambia. This grid consists of a series of substations and transmission lines, with the most important ones operating at 220 kV AC and k500 kV DC.

This project, which has received World Bank funding, is part of a broader plan to upgrade the power grids of various member states of the Southern African Power Pool (SAPP), an organization designed to facilitate interstate power supply contracts and swaps. This plan is aimed at increasing power transmission capacities between the DRC and SAPP member states by providing a route through Zambia. Such a development would help eliminate the bottleneck that currently prevents certain member states from benefiting from such exchanges and being able to obtain power at good rates. Export of excess power capacity from the lnga plant will also provide for an inflow of financial resources that could serve to upgrade the existing SNEL grid.

The DRC’s national regulation on environmental protection is currently under review and there are no provisions pertaining to the need to carry out studies on the environmental impact of development. The hazardous institutions ordinance (Ordonnance sur les Etablissements dangereux), contains some environment-related provisions and require issuance of an operator’s permit by the Ministere des Affaires Foncieres, Environnement et Tourisme.

According to World Bank environmental policies and guidelines, the DRC’s interconnected power transmission project fall into the Category A classification, which means that they have or could have “complex, irreversible and multiple kinds of negative impact”. The project to upgrade the interconnected power transmission grid with Zambia, between the lnga power plant and Kasumbalesa substation (on the Zambian border), is thus subject to the impact assessment process.

This paper constitutes the supporting document to be submitted to the appropriate authorities at the World Bank regarding the assessment of the environmental feasibility of the project pursuant to the environmental impact assessment procedure. This impact assessment primarily serves to ensure that the project is environmentally acceptable and that mitigation measures will be deployed where necessary during its realization.

2. ASSIGNMENT Among the projects in the program to upgrade the DRC’s interconnected network, the SNEL obviously gives priority to the short-term exportation of a first section of 500 MW towards the member countries of the SAPP. This priority was made real by detailed

Summary 1 FINAL REPORT

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technical studies that, today, propose different works to be carried out in the substations, as well as in the electrical networks of the transmission lines.

Some other aspects of the program are long-term objectives. They include the project to export the second part of the power towards the member countries of the SAPP, which will bring the total transmission capacity to 1,000 MW. The design studies aiming at defining the technical and economic aspects of the project are in their inception stage. The Societe Nationale d’clectricite (SNEL) is waiting for additional data on the energy needs of the SAPM, but also for adequate financial resources before beginning to reflect more deeply on this project.

Considering the level of progress achieved in the technical studies on the upgrade of the interconnection with member countries of the SAPP, national priorities as well as the established technical aspects, this environmental and social study only focuses on short-term works carried out in the DRC and will allow the transmission of 500 MW towards Zambia. These works include the maintenance and repairs on the existing k500 kV DC line and related equipment between lnga and Kolwezi. They also include the upgrade of the 220 kV network between Fungurume and the Zambian border (Kasumbalesa) by the construction of a transmission line.

3. THE PROJECT

In view of the short-term goal of transferring 500 MW of capacity to the southern African network, the works proposed for the upgrade of the DRC’S interconnection network, between lnga and the Zambian border, include two major phases:

0 The maintenance of equipment on the whole of the existing k500 kV DC electricity network between lnga and Kolwezi and on the 220 kV AC network between Kolwezi and Kasumbalesa;

0 The construction of a single-circuit 220 kV line between Fungurume and the Zambian border (Kasumbalesa towards Luano-Zambie) and the diversion of the Kolwezi - Panda 220 kV line at the substation of Fungurume.

Various other works to upgrade the SNEL network, including the extension of the substations of Fungurume, Panda and Karavia will, however, be necessary to support the new transmission capacity.

The preliminary estimate of overall project cost totals US $ 200 million, while the component related to the 220 kV grid is estimated at US $ 125 million. Of this amount, some US $ 96 million solely pertain to the construction of the 220 kV transmission lines.

All the works that will be carried out for maintenance purposes between the power stations of lnga and the substation of Kolwezi, as well as between this substation and Kasumbalesa, are only associated with routine maintenance works carried<out generally on the network in optimal conditions and on a regular basis. Due to limited financial resources, the SNEL was not able, during the past few years, to maintain the network on a proactive basis. However, the SNEL continued to carry out maintenance work on

FINAL REPORT 2 Summary

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ENVIRONMENTAL AND SOCIAL ASSESSMENT OF THE ELECTRICAL INTERCONNECTION

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its network but these were punctual activities often made necessary by emergency situations. Although financially very significant, these works will not be translated in large-scale activities throughout the country. Most of the time, they will consist in very punctual interventions, in closed buildings or on specific sites already prepared for public utility services.

As far as the construction of the 220 kV transmission line is concerned, routes have been designed based on technical, economic and environmental criteria and one route has been chosen. However, an environmental assessment of this route and for the maintenance of the network is required, as it will make it possible to optimise the integration of structures into the environment.

4. THE ENVIRONMENT

The selected study area for the environmental assessment includes project structures from lnga and Fungurume to the Zambian border, and takes into account the ecosystems and territories that will host the social and economic exchanges that are likely to be affected by this project. Inventories and analyses have been performed within this area.

The study area covers all the RDC’s southern area. The sites for the construction of the 220 kV transmission h e s are located to the south of the Katanga province. Longitudinally, it includes the larger communities of Fungurume, Kambove, Likasi, Lubumbashi and Kasumbalesa. It also includes villages along the main highway linking Zambia to the western part of the nation.

In terms of its biological and physical impact, the line construction project will be situated in a relatively flat and homogeneous environment. It is largely covered by Zambezian woodland which has suffered to quite an extent from human activities. Around towns and villages, land used is dominated by traditional farming.

The route for installing the 220 kV line passes through no ecologically endangered areas. It is almost entirely located within areas dominated by the open woodland Zambezian forest typical of Katanga. The environment directly affected by the route offers slim potential for wildlife and no specific known or inventoried biotope hosts any endemic or endangered wildlife. This scarcity of flora and fauna is the result of intense pressure on available resources, due to tree cutting for heating and subsistence hunting. Apart from the Lufira River, the selected route will cross no major waterways.

In terms of the social environment, the population living in the study area is young, quite poor and frequently literacy challenged. These people live almost exclusively from subsistence farming, gathering and fishing. The population is distributed over areas inhabited by relatively few people and hamlets, and small villages are most commonly found along highways, valleys and low-lying areas.

Various ethnic groups are present in the study area and their lifestyles are highly dependent on natural resources, employment opportunities and the system of land

Summary 3 FINAL REPORT

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ownership. Although the mining industry was until recently the lifeblood of the nation’s economy, the region’s activity now depends on traditional subsistence farming and fishing activities, because of a major drop in production, particularly of copper ore.

Most of the people in the study area live in the urban centres of Fungurume, Likasi, Lubumbashi and Kasumbalesa. A few villages located alongside the main highway and existing transmission lines present some obstacles with respect to the project because the criteria that have been established for determining the route of the transmission line favour placing transmission facilities within a common corridor. However, the large majority of these villages, which are small in size and consist of traditional mud and straw houses with no toilets, running water or electricity, are bypassed by the selected route.

5. IMPACT

The recommended impact assessment approach has been useful in identifying those factors affected by the project and in qualifying the importance of the various types of impact.

In terms of the physical environment, most of the project‘s potential impact will mainly occur during construction. The work will affect the soil, rivers and streams, and air quality. Such effects will be short-lived and will have very little impact because the contractor is required to perform this work according to the rules of the trade and will have to apply mitigation measures where necessary. Soil stabilization and restoration of areas affected by the work will mitigate anticipated impact.

The project should have very little impact on the biological environment. Any such impact will result essentially from clearing the right-of-way. The loss of shrubs and trees will result in a corresponding loss of potential wildlife habitats. In either case, the significance of the impact is considered low, given the small area involved and the use by people of the land. Such use has already had a severe effect on the open woodland Zambezian forest and reduced its potential as a wildlife habitat. Over the mean term, renewed growth of shrubs and grasses in the right-of-way will encourage species associated with this new habitat, such as small mammals and birds, to establish themselves. Mitigation work aimed at maintaining the work to be performed within the right-of-way, at limiting the clearing process where possible, and at restoring the right- of-way to its initial state when the work will have been completed will help minimize impact to the biological environment.

In the human environment, the optimization of the proposed route has made it possible to bypass many places located on the edge of the right-of-way of the existing 220 kV transmission line. These include the villages of Nguba, Baya and Kampemba and the town of Kasumbalesa. The proposed route affects only three villages and this means the relocation of a maximum of 12 households. In all cases, these relocations will be carried out in accordance with the Compensation and Resettlement Plan and should have a negligible or even positive impact. Some 170 ha of farmland will be temporarily

FINAL REPORT 4 Summary

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INGA - ZAMBIA (SAPM)

affected by the construction of the transmission line. Given the compensations to be provided within the Compensation and Resettlement Plan, the impact anticipated is believed to be of little significance. Furthermore, it is important to say that, as mentioned during the consultations, the perception of the villagers about the project is genera II y positive . The economic fallout from this project should be significant in this high unemployment area. Land which is cleared within the new transmission line’s right-of-way could encourage the development traditional farming, particularly among small villages adjacent to the route. This should have a positive impact of average significance for the people concerned.

Preventive mitigation measures are proposed to reduce any impact of the project on the environment and maximize its fallout. During construction, specific measures will be taken to inform and raise awareness among outside workers and women living near the route of the future line about the prevalence of HIV and AIDS. This program will include other measures concerning health and the environment to avoid or at least minimize any impact on health.

6. ENVIRONMENT MANAGEMENT PLAN The Environment Management Plan (EMP) aims at describing the measures to be taken and resources to be deployed by the contractor during the construction of the project and its operation-maintenance in order to cut down impacts in terms of its biophysical, socio-economic, health and safety aspects.

Among the major activities to be carried out, we should mention right-of-way acquisition procedures and the resettlement of individuals with full consideration of the expectations and preoccupations of the populations affected and the guides to good practice and know-how that will be used during the construction of the project or during the maintenance of the existing network.

These different management plans will be improved during the course of the project through institutional strengthening and training that will make it possible to optimize not only the activities associated with the project but also all the activities to be carried out in long-term projects. This refers, among other things, to the creation of an Environmental Cell within the Project Implementation Unit (PIUEC) preceding an eventual Environmental Management Unit within SNEL organization structure.

In conclusion, the project to upgrade the network interconnected with Zambia, including the maintenance of the existing network may be considered to have a lesser impact on the environment, because the large majority of these works will be carried out in an environment where the potential and existing wildlife resources have already been greatly disrupted by human activities and because the Resettlement and Compensation Plan for those affected by the project and the Environment Management Plan will be implemented.

Summary 5 FINAL REPORT

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Evaluation environnementale et sociale du renforcement de I’interconnexion electrique

INGA - ZAMBIE (SAPM)

Republique democratique du Congo Bureau central de coordination

Rapport de compensation et de reinstallation des populations

Mai 2003 Notre dossier : 603199

Demande No : 102/2002/BCECO

SNC+LAVALIN International Division Environnement

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SNC*LAVALN International REPORT ON

POPULATION COMPENSATION AND RESETTLEMENT

EXECUTIVE SUMMARY

R.I. INTRODUCTION

R.l .I Background The Societe Nationale d’tlectricite (SNEL) of the Democratic Republic of Congo (DRC), a member of the Southern African Power Pool (SAPP), operates on the Congo River the lnga I and II hydroelectric power plants with an installed capacity of 1,775 MW’. Within the framework of the interconnection network development for Southern Africa, the export of electricity from the DRC to Zambia constitutes an optimum solution that requires several actions, including the construction of a 220 kV single-circuit transmission line between Fungurume and the border of Zambia. That 273-km long single-circuit line will have to go through the Fungurume, Panda (Likasi), Karavia (Lubumbashi) and Kasumbalesa substations to reach the Zambian border. The route chosen that has been accepted by SNEL complies, in every respect, with the location criteria and the principles of international standards of resettlement, including those of the World Bank, which state that a minimum number of people should be affected and/or displaced, and that these people should be compensated according to an accurate, fair and up-to-date evaluation for the losses they may incur.

R.I.2 Objective of the Compensation and Resettlement Plan This Population Compensation and Resettlement Plan was developed in compliance with World Bank Directives regarding population compensation and resettlement (Operational Policy 4.12). The objectives and principles of this Policy are totally supported by SNEL. The Plan presents a set of guidelines that will help SNEL supervise a process that will entitle the populations affected by the project to be compensated in an accurate, fair and transparent manner.

R.1.3 Past Activities The preparation of the Population Compensation and Resettlement Plan was carried out between the months of February and April 2003, in conjunction with the Environmental Impact Study for the Congo-Zambia Interconnection Reinforcement Project. They can be summarized as follows: 0

0

0

0

0

0

Helicopter flight, at high and low altitude, over the project area. Optimization of a route to avoid resettlement and relocation. Identification of potentially affected villages.

Validation, on site, of village location in relation to the chosen route. Consultation meetings with administrative authorities.

Information and consultation program with the rural populations of concerned villages.

This generating capacity is only used at some 30% (768 MW). I

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SNOLAVALIN International

Maximum height

Average span

"

.............. " .................................................................................................................................................................. " .......

REPORT ON POPULATION COMPENSATION AND RESEllLEMENT

50 m

400 m

............................ "" ........... " 5 m (with 1 or 2 m leg extensions)

~

R.2. PROJECT DESCRIPTION The project consists in building a 220 kV single-circuit line, some 275 km long, between the Fungurume, Panda and Karavia substations and the Zambia border at Kasumbalesa (Table 2.1)

Table 2.1 Technical Characteristics of the 220 kV line - - - 220 KV LINE CHARACTERISTICS - P 11

I " " ........... ~ .......... " ~ ..... Number of circuits I Conductors 11 Above-ground clearance of conductors II

Number of ground cables 1 " ..........

Type of towers Wire mesh Estimated number of towers 680

......... ~ ~ .................... " ....... " ............... " ............ "

11 Minimum height I 40m II

The location of the selected route was based on the respect of technical, economic and environmental criteria that meet the following objectives:

Make use of existing service infrastructures by grouping equipment to reduce the construction and operation costs. Run the line alongside existing roads to limit the opening of new rights of way on the territory and facilitate access. Minimize social and environmental disturbances. Avoid elements that present environmental and social constraints and obstructions. Avoid towns and built-up areas heavily used by populations, because the presence of permanent buildings is not compatible with electrical line rights of way.

3

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R.3. Land and helicopter surveys were carried out and data was collected on the study area. Each restrictive element has been analyzed with the intention of avoiding it and defining a route that would not only avoid population resettlement but also avoid disturbing people and economic activities. A SNEL manager, responsible for transmission lines, participated in the surveys and analysis to validate all potential alternative routes from a technical standpoint. The route that was chosen and has been accepted by SNEL was submitted to a public consultation with affected populations (at the same time as the environmental impact study). Its characteristics are summarized in Table 3.1.

TEMPORARY AND PERMANENT POTENTIAL IMPACTS

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POPULATION COMPENSATION AND RESElTLEMENT

Table 3.1 Summary of the Characteristics of Route Environment

Impact Sources of this Route on People and Properties 1. Construction works in the right of way, with mainly temporary effects (1,365 ha). 2. Temporary mobile camps designed to receive a maximum of 50 workers. 3. The opening of temporary and permanent access roads. 4. The permanent presence of a service road (5 m X 273 km). 5. The permanent presence of towers (5 m x 5 m X 680 towers). 6. The extension of the three substations, Fungurume, Panda and Karavia (over a total

of 3 ha).

Potential Impacts on People and Properties Preliminary estimates on the land area required for the right of way were used to estimate the number of people and families that could be affected by the permanent or temporary loss of land resulting from the construction of the line, the presence of towers and of the service road, as well as substation extension. It has been estimated that a total of 345 people (or families) 2, over a total cultivated area of 172 ha, would be affected. In the three villages directly affected by the line right of way, 12 landowner families and two (2) land tenant families are directly affected. Table 3.2 presents a summary of the number of people or families affected. A total of 363 families will be entitled to a compensation and 12 of them will be resettled.

* The number of farmers that could be affected during line construction was determined by assuming a maximum of 10 plots per kilometre (an average plot covers 1 ha). Since only 30% of that area is actually cultivated on the 115 km of land dedicated to agriculture, the number is 345 (115~10~0.3 = 345), if we assume that each plot belongs to a different farmer, which is reasonable considering the average area of each family plot.

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POPULATION COMPENSATION AND RESETTLEMENT

Table 3.2 Number of People/Families Affected

* People of a same homestead affected by the right of way.

R.4. SOCIO-ECONOMIC CONTEXT IN RURAL AREAS The description of the human environment has been done using data collected on site during meetings with the administrative authorities at the different levels, community consultations with concerned rural populations, and statistics supplied by the Ministry of Agriculture of the Province of Katanga.

R.4.1 Description of the Human Environment . Administrative Organization The administrative division of the territory is based on two totally different but interrelated systems. The traditional (or customary) system has the priority and, when there is a void, it is filled by the State Administration. As a rule, when there is a sufficiently influential traditional chief, it is the customary system that prevails. On the contrary, when there is no traditional chief or when the traditional chief has very little influence, he is replaced by an administrator designed by the State, and the limits of the local jurisdiction remain the same.

N.D.: Not determined The smallest area of a plot cultivated by a family in the area. 4

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POPULATION COMPENSATION AND RESETTLEMENT

Regional Framework Between the cities of Fungurume (about 38,000 inhabitants) and Kasumbalesa (47,000 inhabitant^)^, there are three other urban areas of average to high importance: Kambove, Likasi and Lubumbashi, where the populations were respectively estimated at 143,000, 338,000 and 900,000 inhabitants in 2002, as well as a vast number of villages composed of 4 to over 400 huts. These villages live mainly on non-mechanized food crops, with plots of an average area of 0.5 to 2 ha per family. These plots are generally far from the village (from 2 to 5 km, and sometimes up to 15 km). In a large number of villages, the gap between farming seasons is assured by charcoal production and sale on the town markets. Non-built areas are occupied by Zambezian woodlands, deteriorated to heavily deteriorated by human activities and by the presence of cultivable plots, some of which are fallow of abandoned. These plots are cultivated both by villagers and urban dwellers, most of them working for Gecamines, that returned to agriculture after the drastic production drop that occurred in the mining sector over the last 10 years. The vast majority of villages located near the right of way of the chosen route have existed for more than 20 years, and do not experience negative migratory flow. The population tends to remain in the village, because the towns are no longer the development poles they used to be at the time that Gecamines was fully active. However, in villages located closer to towns, such as Likasi, Lubumbashi or Kasumbalesa, a number of farmers cultivating plots go regularly in town to sell their surplus products. a

The rural population is characterized by a large number of young people, each woman having between 6 and 12 living children, a higher proportion of adult women in comparison with adult men (the double in some villages), a large number of war widows, and older people, some of whom are over 80 years old. Consequently, the dependency index is very high, and reaches 101.7%6. That tendency has been observed in most villages, except for so-called “satellite” villages of a few families, mainly formed by middle age parents with children. As far as the illiteracy rate is concerned, it seems to fluctuate between 60 and 70%, the proportion being higher among women. In other respects, there is a particular population dynamic between towns, farms and villages all along the new line route. During the rainy season, for example, urban dwellers leave town with their family to live in a temporary shelter built near their cultivated land up to the beginning of April, when they return to town. Like village farmers, they sell their surpluses but, apart from some exceptions, they practice mainly a subsistence agriculture. The most common illnesses affecting rural populations are malaria, cholera, diarrhoea, tuberculosis, hernias, and skin infections such as plague. As far as HIV is concerned, the presence of tuberculosis and the great thinness of some village habitants leads observers to believe that it may be present in the area (although this has not been verified).

Main Characteristics of the Population in the Study Area

Data extracted from the civil status of the City of Kasumbalesa, 2002. Based only on data for the village of Mutaka (2002), the only ones available by age group for the villages in the study area.

5 6

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POPULATION COMPENSATION AND RESElTLEMENT

Housing and Services Housing is mostly traditional, i.e. rectangular or square huts of 1 to four rooms, made of clay bricks (banco), with thatched roof. They have a dirt floor, and their windows are made of wood. The poorer huts and those of children are made of rammed clay and have only one room. Educational and health services are deficient because of a lack of infrastructures, material and personnel. Only the missions have operating dispensaries and maternity hospitals. However, they have no electricity. Only the towns are linked to the electrical network. That is where hospitals are also located. However, because of a lack of resources, more and more people turn to traditional pharmacopoeia. None of the villages located along the future 220 kV line is electrified, even though 2 or 3 high voltage lines run past them.

Economic Activities The leading economic activity is food cropping, practiced manually and without any farm input. The basic crops are, in order of importance: sweet potatoes, manioc and corn. To a lesser extent, some villages also cultivate vegetables and soybean, this one to produce milk for children. Although yields are low, the technique used - ridge farming - is quite adapted to clayey soils. Generally, the fields are left fallow every two or three years. In some villages, the rotation and/or mix of crops (manioc and beans, corn and beans, or all three together) enable longer periods without fallow. Field cultivation starts in October by the preparation of plots, and sowing is carried out in November. The harvests are done in May and June, except for manioc, which is produced all year kwg. According to official statistics’, potential family revenues derived from agriculture vary between US$1 , I 00 and US$3,500 per year, including vegetable production. Livestock rearing is very limited, and can be summarized as a few goats, pigs and ducks for self-consumption, always within village limits. A second activity, important because it bridges the gap between harvesting seasons, is the production of charcoal.

The social organization revolves around the family, which comprises one or several nuclear families. Small children live with their parents until they reach the age of 10 - 12 years; then, when they move into a separate hut, adjacent to their parents’ one. At 18, the boys leave their family to build their own hut and start their own family. Field cultivation is done both by men and women, the most physically demanding activities being reserved to men. Women living alone (widows or abandoned) carry out all farming operations with their children. However, older women get the help of the men in their family (sons, grand children or other relatives). Traditionally, transporting water is done by women and children.

Social Organization and Cultural Characteristics

Service National de Statistiques Agricoles (National Service for Farming Statistics) 7

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POPULATION COMPENSATION AND RESETTLEMENT

There is no tangible difference between ethnic groups, the differences being mainly based on geographic origin rather than on cultural or linguistic characteristics. Very often, marriages are celebrated between different ethnic groups, and most villages are made of several ethnic groups.

Land belongs to the State, and its allocation for farming or construction purposes is the responsibility of either the village or government head. Those who want to establish themselves in a village or obtain a farming plot outside the village choose the place where they want to build a house and the area they will be able to cultivate. Considering the large amount of available land, this is only a formality. The occupant of a plot holds the free usufruct of such plot, whether man or woman.

Land Tenure and Plot Allocation

R.4.2 Results of Consultations Methodology

Consultations were carried out in two phases. The first phase, an exploratory one, took place from January 31 to February 3, 2003. At that time, the village heads were informed about the project and future consultation sessions. The second phase took place from March 12 to 22, 2003, and involved the populations of 15 villages, as well as administrative authorities at different levels. The objectives of these meetings were as follows:

3

3

With Government representatives: Inform them of the general characteristics of the project, consult them and obtain, among other things, farming and land use statistics. With administrative authorities: Inform them of the general characteristics of the project, consult them on main issues, such as land availability, compensations to affected people and their concerns about the project.

s With villagers: Obtain information on local socio-economic characteristics, consult them about their perception of the project, as well as on the type, terms and conditions of compensations for crop losses and eventual replacement of cultivable plots. With the owners of dwellings to be relocated: Carry out an inventory of personal properties on their land plot, discuss of possible terms and conditions of compensation and of their preference, as well as the issue of their resettlement within the village.

3

Results of Consultations s Issues discussed with governmental and customary authorities

* *

The project is perceived as a means to stimulate the economy; There is a great availability of cultivable lands in the area, and the temporary loss of some lands for construction is perceived as being not very important. Rural electrification is a major concern for all authorities met; according to some of them, electrification would permit to reduce substantially the production of charcoal and would facilitate the take-off of rural economy. They had a very positive perception of the fact that, for the first time, their opinion was taken into account in project planning, particularly in the actual context of the reconstruction of their country.

*

*

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3 Issues discussed with villagers located along the future line * On the advantage side, the populations foresee that there will be some job

creation during the construction and maintenance of the transmission line. Using the right of way for crops (as they do now, but only partially, would be easier for them than using a wooded area that would need to be cleared). Village electrification is a concern for them. If they see no disadvantage to having a high voltage line passing nearby, they denounce the fact they are deprived of electricity that they could use for corn mills, sewing, vegetable refrigeration, etc. They also mentioned that if electricity was supplied to them, the acts of vandalism on existing electrical equipment would be reduced, because it would be to their advantage to watch over them. Compensation is not a concern for the consulted population. However, all villagers, without exception, would prefer individual, not communal, reimbursements for losses incurred in their field.

* Some villages would appreciate if SNEL would also compensate the affected villages with some form of community good, such as a new well, or a manual pump for an existing well.

*

*

*

3 Issues discussed with owners to be relocated * The owners consulted are more than favourable to the idea of being

compensated for their house or hut. For them, this represents an improvement in their living condition. As they know that they will be relocated in the village, none of them feel dispossessed, even the older ones among them.

R.5. LEGAL FRAMEWORK

R.5.1 Congolese Laws Currently, Congolese laws are still based on colonial laws. However, a Transitional Constitution was just promulgated on April 4 of this year’. This Constitution aims at protecting the liberties and fundamental rights of Congolese citizens and, particularly, at defending those of women and children. Moreover, it reiterates (Article 6) that the soil and subsoil are the property of the State, and that the conditions of their relinquishment are established by law, which must protect the interests of local populations. According to Article 34, the expropriation for general interest or public utility purposes can only take place according to a law that provides for the prior payment of an equitable compensation. The laws in effect, such as the decrees of June 2, 1928 and April 16, 1931, recognize the obligation to notify owners and tenants about future works that will be affecting their properties in nature (plants, fruit trees, crops), by incorporation (house and accessories) and

The text was adopted on April 2, 2003 in Sun City (South Africa) by the 362 delegates of the “Dialogue Infercongolais”. Therefore, Mr. Kabila accedes de facto to the prerogatives that the Constitution confers him, including the one to make decrees (Le Monde 04-04-03). This way, the Head of State is responsible for the arbitration of disputes that would delay the implementation of new institutions. The Sun City agreement paves the way to the first free and democratic elections since 1960.

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by destination (farm animals), and to compensate them accordingly. The Property Law No. 73-021 of July 20, 1973 (Article 53 of July 20, 1973) rules on State land property, whereas the Law of February 22, 1977 regulates expropriation for public utility. On the other hand, Provincial By-laws establish measures regarding the sanitary conditions of houses (No. 0021), or define minimum areas to be cultivated (No. 2002/0055 of October 3, 2002).

R.5.2 SNEL Compensation Procedure SNEL, which has built dams and high voltage lines across the country, developed a compensation procedure that was applied up to 10 years ago, when the construction of new projects was stopped. That procedure, that is based on the Decree of June 2, 1928, and the Congolese Law of February 22, 1977, includes, among other things:

1. The notification of affected people: Owners and tenants are informed that they will have to leave the area of the new right of way.

2. An evaluation of assets: SNEL sets up an Evaluation Commission formed by agronomists from the Ministry of Agriculture, personnel from the Ministry of Habitat and Property Affairs, to evaluate the compensation costs.

3. Negotiation and Payment: People are compensated in cash. If they disagree with the amount of the compensation, the case is handed to the regional tribunal (so far, that never happened).

That procedure is based on two premises: the non-utilization of the right of way by farmers, and compensation for affected properties.

R.6. COMPENSATION AND RESETTLEMENT PLAN The aim of the Compensation and Resettlement Plan proposed within the framework of this project is to offer a set of guidelines that will allow SNEL to have a better control over the process of compensating the people affected by the construction of the line proposed in the present study. Its objective is to make sure that all the people affected by the construction and operation of the line are compensated in an accurate, fair and transparent manner. The procedure covers situations such as the temporary loss of use of farming lands during line construction, as well as the permanent use of lands for infrastructures, access roads or other purposes. On the other hand, the Plan also considers all assets which may be lost by the people, including huts, houses or other infrastructure that are located in the right of way of the future line.

R.6.1 Guiding Principles From now on, the objective of the population resettlement plan, as well as the environmental management plan, will be to make sure that as little people as possible are affected by the construction and operation of any new line of SNEL, that such people are equitably compensated to avoid negative impacts of these projects on populations and on their social, cultural and socio-economic well-being. Therefore, an important principle consists in avoiding displacing people whenever possible, by searching for alternative locations for routes, stations, substations and access roads, to avoid as far as possible any villages or other population concentrations. That principle has been implemented in a pro-active manner since the selected route for the reinforcement of

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the interconnected network with Zambia has been optimized so as to avoid villages and built areas. The principles that SNEL commits to apply systematically in its projects are as follows:

Take into account environmental and social considerations from the beginning of the project design phase. Inform and consult populations about the project, so they may have an opportunity to participate in the planning and implementation of the resettlement program. Compensate the people that have to be resettled according to the full replacement value of the affected properties, so that they have the possibility to improve their habitat and related structures, without creating inequalities within the community. Compensate the losses caused to subsistence and economic activities (vegetable gardens, food crops), so that the means of subsistence are not modified. Compensate relocated shops and companies for an eventual loss of revenues and participate in their reinstallation as close as possible to their original location. Pay particular attention to the needs of vulnerable groups among displaced people, such as people under the poverty level, women alone, children, old and handicapped people. Call in specialized agencies or organizations when SNEL cannot provide the special assistance required to cover the needs of specific groups. Apply the highest standards whenever there are discrepancies between national laws and SNEL procedures.

R.6.2 Eligibility of People People temporarily or permanently affected by the construction and presence of the line are entitled to compensation, as stipulated in the legal framework of the DRC to which SNCL totally adheres. In each case, the value is determined and negotiated by SNEL with the owner in the case of properties, and with the occupant in the case of land plots. This concerns houses and crops, as well as infrastructures. Houses and Crops: Huts and houses are evaluated according to their reconstruction value, while crops are evaluated according to their average market value on the Lubumbashi market and, in case of permanent losses, including the manpower required to open a replacement land plot for cultivation. Other Infrastructures: All hut or house owners are entitled to a rapid and total compensation for the infrastructures located inside the limits of the land they occupy (house, latrine, straw hut, vegetable garden, and others). The structures may also include houses, huts or other improvements located near the land plots that are used during the rainy season. Tenants: The tenants who do not own affected structures are also considered as legal occupants with rights to assistance for moving or searching for a new place to live. They are also entitled to compensation according to the effective rate for trees or vegetable gardens that they cultivate at their own expense on the rented land. For any other renovation or improvements they may have made to existing structures, they will have to make arrangements with the owner.

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Farming Plots: Farmers are also entitled to compensation for any temporary or permanent loss incurred following the construction of the line, the presence of towers and the extension of substations on the land plot they cultivate. The people entitled to receive compensation are the ones holding customary rights, i.e. individually, because such rights belong to the people who had the land plot cleared. Fruit and Ornamental Trees: All owners of fruit trees will be reimbursed at the market value of fruits, according to tree maturity (there are no fruit trees on lands outside villages). As far as ornamental trees are concerned, the compensation will be established after the visit of an inspector from the Ministry of Agriculture or other, during the property inventory period (only two cassava trees have been registered on all lands where an inventory was made). Closing Date of Eligibility: In order to avoid any opportunistic usurpation, SNEL will proceed to an inventory immediately after the visit of the surveyors to determine the number and occupational status of each person to be resettled and/or compensated for a permanent or temporary acquisition. People who will come after the cut-off date for eligibility will be considered as opportunistic squatters, and will not be entitled to the assistance provided within the framework of SNEL Compensation and Resettlement Program.

R.6.3 Loss Evaluation and Compensation The evaluation of the Compensation Plan is based on a maximum cost so as to be able to assume additional expenses that may occur after route survey is completed. An important aspect, directly influencing the calculation of the compensations, is the new policy adopted by SNEL within the framework of this project and indicating that the riaht of wav may continue to be used for farminq Durposes, but with some restrictions. This way, the loss of revenues caused by line construction is only temporary. The presence of farmers under the lines may contribute to a decrease of the acts of vandalism that SNEL is facing in low-density areas. This project is a pilot experience that might, eventually, be extended to the whole network, with an adequate control and follow-up of the right of way during the next five years. . SNEL will compensate properties at current rates, taking into account crops, existing

infrastructures and other improvements, according to the conditions of the Plan. . The payment of compensation to people and families will be in cash and/or in kind, according to the preferences of the interested parties.

The amount intended for compensation and resettlement within the framework of the present project is estimated at US$ 373,372. Any surplus that may remain after the finalization of all compensation to the satisfaction of all parties may be reinvested, at SNEL’s discretion, in an electrification fund for villages that do not have the ability to pay the tariffs the company may otherwise require when it carries out village electrification.

The following Table 6.1 shows a summary of the estimated compensation costs.

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Lands in the village

Huts/Houses

REPORT ON POPULATION COMPENSATION AND RESETTLEMENT

12 Allocation of new lands Village Head 0 - (neither taxes nor administrative costs)

12 Construction of improved SNEL (including 28,207.00 houses, including latrine future contractors)

Table 6.1 Summary of Compensation Costs

Straw Huts Tenants 198*50 60.00 I 1 Construction of straw huts SNEL

2 Assistance in moving SNEL

Right of way

Access Roads and Camps

11 Cultivated Fields and Crops 11

345 Compensation for any SNEL 297,563.00 crop loss

crop loss ? Compensation for any SNEL ?

Towers Allocation of new plots

Compensation for any

Plots in the Village

// Temporary Losses i I I I

12 Compensation for fruit SNEL 7,153.00

12 Compensation for SNEL 339.00 trees

vegetable gardens

11 Fruit Trees and Vegetable Gardens I1

R.6.4 Compensation and Resettlement Measures in the Plan The compensation included in the Plan is governed by a set of measures that will enable concerned populations to follow the whole process and to monitor the way in which their needs and expectations with regard to the project are being met. These measures include, among others, the following points:

Notification 3 The village heads, inhabitants, tenants and owners will be informed as soon as SNEL

has identified, with their participation, the lands and plots that will be temporarily or permanently affected by the project.

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3 The planning of the activities related to the notification will take into account the critical dates related to the farming schedule and other pertinent activities. . Identification of People and Properties

SNEL’s representative, as well as the village head or his representative, will carry out a survey of the people that will be affected by the project. For each concerned person or family, SNEL’s representative will prepare a compensation file containing all required information on the person’s identity, the inventory of his properties and affected crops. . Agreement on Compensation and Contract Preparation On the basis of this information, SNEL will estimate the cost of structures and assets. The estimated cost will include the inconvenience allowance, cost of improved houses and real estate properties, moving expenses, and loss of revenue. The various compensation forms will be clearly explained to concerned people and families. . Compensation Payment and/or Agreement Once SNEL and the concerned people have agreed on a compensation and assistance, the compensations will be paid in cash or by check, according to the preference of concerned people, and will be directly given to the interested parties in the presence of the village head or any other administrator.

Claims Procedure The claims procedure applies when people feel that they got cheated by compensation tables that are too low, accidental damages during construction, non-respect of contracts or seizure of assets without compensation. If SNEL cannot solve these claims in spite of the intervention of a committee, people can, at all time, appeal to the legal system to solve the dispute.

The Plan promises that the village head, his secretary and, eventually, other village elders if required, will assist the SNEL’s representative during the notification, agreements with concerned people, contract signing and payments related to people compensation and resettlement. The compensations for village heads and elders that will participate in the Plan implementation process will be based on a number of days equivalent to 750 people/days at US$ 3 per day, for a total amount of US$ 2,250.

Compensation of Village Heads and Other Village Elders

R.6.5 Compensation and Resettlement Process . Responsibilities and Preventive Measures The implementation and financing of the Compensation and Resettlement Plan is the sole responsibility of SNEL, which is also responsible for its supervision. The responsibility for jointly managing the Environmental Management Plan of the impact study and the preparation, execution, control and follow up of the Compensation and Resettlement Plan rests with the environmental cell of SNEL’s Project Implementation Unit (PIU). Since that cell is not yet in operation, the project execution constitutes a springboard for a customized institutional reinforcement (training of multidisciplinary environmental personnel

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of SNEL by the Main Contractor responsible for project management, training on the project site, etc.). The environmental cell of the PIU (PIUEC) will comprise at least 4 professionals in the fields of environmental assessments, sociology, anthropology, economy and/or biology. Since the organization should be as flexible as possible, three professionals will revolve around a person responsible for the PIUEC (Figure 6.1). One of these professionals with training and experience in anthropology/sociology will be specifically responsible for the CRP.

Figure 6-1 Organization Chart of the PIUEC

\ / Economy

\ Agronomy

Environmental Assessments

RESPONSIBLE FOR

1 Anthropology

Sociology 4- Biology

This cell will be set up as a multidisciplinary team formed by generalists, if possible, each with one or two specialties, and having a great capacity of communication between themselves and SNEL, the contractor, populations and government organizations.

The main functions of each professional team member will be management activities related to environmental prevention and follow-up of the Environmental Management Plan (EMP), and to the preparation and implementation of the Compensation and Resettlement Plan (CRP).

It is important that the environmental cell makes up an undivided team in front of the environmental issue, the contracting parties and the main contractor.

Moreover, the professionals thus involved in the project will have the opportunity, if they remain with SNEL after the project, to form SNEL's Environmental Management Unit (SEMU), whose main function will be to include environmental considerations in all the activities of SNEL.

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It should be noted that the creation of the SEMU within the company is already part of the institutional reform project started by SNEL and supported by the World Bank.

Community Participation The preparation of this Plan is based on comments and suggestions made by local communities, and it takes into account the social and cultural specificity of the men and women met. SNEL subscribes to the principle of participatory consultation of the population affected by displacement and resettlement, with the aim of reaching a mutual agreement on the value of infrastructures and crops, as well as on the types of compensation available.

Implementation Schedule The implementation schedule has been planned for a total period of 22 months (see Figure 6.2). This period comprises the time needed to mobilize the organization to carry out the plan, as well as the implementation of the Plan as such, divided in two parts to reflect the activities inherent to the preparation of compensation evaluation and family resettlement, and to the implementation of the measures, starting with the resettlement and ending with the evaluation report on the quality of life of affected people. The activities to be carried out from the inventory of affected properties to the payment of compensations and people resettlement in their new house are estimated to run for 10 months. The transmission line construction project will start once SNEL has finalized the payment of due compensations and displaced people are installed in their new house. This means that construction will start even though claims are not yet settled.

Figure 6.2 Implementation Schedule

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. Follow-Up of the Compensation and Resettlement Plan The follow-up of the Plan refers to the two following aspects:

3

3

3

3

3

The supervision of the compensation and resettlement process to evaluate the transparency and equity of the Plan. It will be measured with indicators concerning the compensation or resettlement contracts, as well as with the number and type of claims made. The follow-up the compensation and resettlement to evaluate the differences in the quality of life of concerned people, so as to evaluate the success of the Plan. That follow-up will eventually permit adjustments in the compensation and resettlement procedures according to the results obtained. The indicators to be used are the ones related to farming revenues and production before and after construction. The success of the Plan will be evaluated on the basis of its main objectives:

The affected people should at least maintain the standard of living they had before the project and, if possible, improve it. Women should benefit from the Plan implementation as much as men.

*

* Follow-up indicators are being proposed to evaluate the transparency and fairness of the Plan, as well as to evaluate the quality of life of affected people after the compensations they have received. A database will be created with the information contained in the contracts and using a pro-active questionnaire. The required resources have been evaluated at 2 full-time professionals for a year.

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Construction of improved houses Compensation for infrastructures

REPORT ON POPULATION COMPENSATION AND RESElTLEMENT

28,207.00 Includes latrine 200.00 Straw huts

= It was assumed that SNEL personnel located in the Lubumbashi offices could be given some responsibilities in the creation of the database using the filled-up questionnaires. It was also assumed that the vehicle would also come from the same SNEL office. Return of Right-of- Way Lands and Restrictions on Use 1

Over 90% of the 1400 ha required for line construction will be restored to be used for farming purposes by the farmers who wish to do so, but with some restrictions on use: = Only the crops that do not hinder line operation and maintenance can be planted. 3 It is forbidden to burn crop residues, to avoid sooting up the lines.

Budget of the Compensation and Resettlement Plan

Although the detailed evaluation of all affected properties and the negotiations with concerned people are still to be done, a preliminary budget has been prepared to estimate the amount of compensation that SNEL will have to pay. This amount has been evaluated to a total of US$417,659.00, as indicated in the following table.

Compensation for farming losses

Compensation for assistance Compensation for trees and vegetable gardens

Table 6.2 Comprehensive Budget of the Compensation and Resettlement Plan

337,414.00 Temporary and permanent 7,492.00 -

60.00 Allocation for moving tenants

Compensation for village heads and elders Cost of supervision and follow-up

2,250.00 - 4,000.00 Consumables, and allocation for

the land

I( Sub-total 1 I 373,373.00 I II

Sub-total 2 (including sub-total 1) Continaencv of 10%

379,623.00 - 38,036.00 -

I

417,659.00 -

R.7. PRINCIPLES OF THE PLAN The Plan is based on the following principles: 0 Maximum avoidance of land acquisition and resettlement: The chosen route minimizes

hut relocation, while public infrastructure and shops are now totally avoided (the number of resettlement has been reduced to 12 families). This routing also ensures that villages

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will not be divided in two parts. Moreover, farming losses have been reduced to the minimum. Public Participation: The preferences of populations, recorded during consultations, have been taken into account during the whole planning and will also be taken into account during project start-up. Moreover, a recognition of the cultural and legal aspects specific to Katanga and the DRC have been integrated in the Plan. Accurate, Fair and Up-to-date Evaluation of Losses: The determination of compensation value is based on socio-economic and statistical data collection and analysis for the region. The compensation is always based on current prices, without reduction for any deterioration to the property. Respect of the intent of the World Bank Policy on Resettlement, as well as the respect for the country’s laws are an integral part of the Plan. Cordial and Open Claims Settlement: The villagers participated in the planning of the Plan and they will also participate during the start-up of the project, particularly in land identification, architecture and construction of houses. Timely and Transparent Payment: SNEL will pay compensation and resettlement to current market values. The payment of compensation will go to owners of properties and occupants of farming plots. The payments will be made on the spot, in the presence of official authorities. Continuous Follow-up: SNEL will institute a supervision and follow-up system to be able to identify any problem in a timely manner and solve it as soon as possible.

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“The Habitat - Our Concern” Institute of Environmental Management

ENVIRONMENTAL IMPACT ASSESSMENT FOR THE ZAMBIAN SECTION OF THE ZAMBIA-

DEMOCRATIC REPUBLIC OF CONGO 220kV ELECTRICITY INTERCONNECTOR TO BE DEVELOPED BY COPPERBELT ENERGY CORPORATION PLC

A Component of the World Bank’s

Southern African Power Market Project

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Zambia - DRC 220kV Interconnector - Environmental ImDact Assessment ReDort [Zambian section]

NON-TECHNICAL EXECUTIVE SUMMARY

The Copperbelt Energy Corporation (CEC), a Copperbelt based power transmission company, has applied to construct a power line from Luano Substation in Zambia to DRC frontier. The new line will increase the power transmission capacity of the interconnector from 210MW to 500MW.

The proposed new line to be built by CEC is approximately 45km in length, and is part of the estimated 136km transmission line from Zambia to the DRC.

The line on the Zambian side will start at Luano and terminate at Karavia on the DRC side. The new line will be all overhead. CEC will source funds for the cost of the line on the Zambian side while SNEL will be assisted by the World Bank for the DRC component of the line.

After considering the merits and demerits of the available three alternative routes, it was decided to build the new line alongside the existing 210MW, 220kV Luano to Karavia line. Cost, time frame, safety from vandals led to choosing an overhead system instead of an underground system.

The proposed 220kV line will be supported on 25m steel towers throughout its route on the Zambian side.

Construction of the line should take about nine months. The towers will be constructed on precast concrete foundations. Access to the new line route will be via the existing access road.

The new line will be constructed next to an existing line in a wayleave on which CEC has wayleave rights. So no planning policies will be breached. The proposed line route is very sparsely populated hence very few people will be affected in terms of relocation. Less than five structures all built of mud and pole materials will be affected.

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The proposed line has been designed in such a way that the only impacts it will have is upon the landscape which will not be worse than that of the existing line. The line design will result into virtually no negative impacts (electrically) on the health of the settlers though they will be restricted from carrying out farming activities along the wayleave.

Vegetation clearing will be one of the major environmental impacts during construction. However, between 40 and 80 hectares of natural forest and 6.83ha of ZAFFICO plantation will be cleared, which is significantly less than if the line were to follow a different route. In order to avoid wood wastage CEC through the Forest department and ZAFFICO will encourage forest based industries to salvage sawable timber. The local charcoal producers will be encouraged to utilise the felled trees. Cutting of trees will be at stump level (10 - 20cm) from the ground. This will enhance the cleared area of natural forest recover quickly through coppicing of stumps and shooting of roots. CEC is to compensate ZAFFICO for early clearing of their 6.83ha plantation and pay stumpage fees to government through the Forest Department for clearing between 40 and 80 ha of the natural forest.

Originally the area had quite a number of fauna species, among them were elephant (Petrodromus tetradactylus), bush buck (Tragelaphus, scriptus), etc. Due to farming activities and poaching for the past years, big fauna has disappeared, only small animals like Grass cutter (Thryonomys swindeianus), mole rat (Cryptomys hottentotus), Bush squirrel (Paratenus cepapi) etc are found in the area. However a number of bird species like common bulb (pwele), Capeturtle dove (Nkapole), green pigeon (Inkondokondo), etc are found in the area. Rarely do you find large birds. Thus the project will not greatly impact on fauna in the area, although some may be chased away due to construction but at operations level some fauna species will be attracted in the cleared areas.

Non-timber forest products like bowa (mushroom), natural fruits, medicinal plants etc play very important role at domestic and commercial level. These contribute to household food security, income generation, improve income and security etc. The construction of transmission line will involve clearing a 15 - 30m width for a distance of 45km. The negative impact on non-wood timber forest products will be very low.

Forest fires usually occur between July and October. Late fires may kill vegetation and open up landscape for farming and settlement. During construction and operation phases,

... IEWCEC 72-May-03 111

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Zambia - DRC 220kV Interconnector - Environmental Impact Assessment Report [Zambian section]

awareness campaigns about the dangers of fires will be carried out. This will also involve putting up warning signs about the dangers of fires in the area. The major negative impact of the project will be the relocating of the two affected households and one church. About 150 ha of vegetation will have to be cleared from the new wayleave. In mitigation CEC intends to work with the affected people and leave them in a better situation than they were found. As for the reforestation, CEC will support tree planting in cooperation with the Forest Department and the local communities.

Both Zambia and the DRC and related local industries will benefit financially from the project. During construction the local communities along the wayleave will benefit by being employed and from the usage of the wood products from the felled trees. CEC will undertake an awareness campaign for the locals and contractors before construction and during construction on issues of HIV/AIDS, poaching and preservation of the environment.

Overall the Zambia-DRC projects benefits and positive impacts far outweigh the negative impacts and as such the project should proceed.

The EIA was conducted mainly with reference to the Zambian Regulations on EIA Statutory Instrument No 28 of 1997 as well as in accordance with appropriate World Bank guidelines and procedures.

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Zambia - DRC 220kV lnterconnector - Resettlement Action Plan -Zambian Section Only

energy Resettlement Action Plan for Part of the Zambia-Democratic Republic of Congo

220kV Electricity lnterconnector to be developed by Copperbelt Energy Corporation PIC

A COMPONENT OF THE WORLD BANK’S “SOUTHERN AFRICAN POWER MARKET PROJECT’’

[Zambian Section Only]

Page 36: World Bank Documentdocuments.worldbank.org/curated/en/... · ASSIGNMENT . Among the projects in the program to upgrade the DRC’s interconnected network, the SNEL obviously gives
Page 37: World Bank Documentdocuments.worldbank.org/curated/en/... · ASSIGNMENT . Among the projects in the program to upgrade the DRC’s interconnected network, the SNEL obviously gives

Zambia - DRC 220kV Interconnector - Resettlement Action Plan -Zambian Section Only

Executive Summary

The Zambia-DRC Project is a cross-border joint venture between CEC, a private power utility of Zambia, and SNEL, a public power utility of the Democratic Republic of Congo (DRC). Through construction of a second 220kV Zambia-DRC Interconnector, the project aims to de- bottleneck the existing interconnector and increase the transfer capacity between Zambia and the DRC from 21 OMW to over 500MW. The transmission line to be constructed is 136km long with 45km being on the Zambian side. This report deals solely with the 45-km section of the project that lies within the Republic of Zambia.

This project is considered to be one of the high priority projects in the Southern Africa Power Pool (SAPP) and is consistent with the NEPAD initiative by encouraging an integrated strategic planning of the regional power resources and thereby giving other SAPP countries increased access to the low cost hydropower from the DRC.

The development of this Resettlement Action Plan (RAP) is a parallel process to the EIA Study and its main objective is to address all the re-location and compensation requirements arising as a result of CEC undertaking this Project.

For this Project, the new transmission line will be constructed parallel and to the east of an existing line entirely within the confines of an existing wayleave to which CEC already holds the rights of way. During the EIA study process all the affected parties that shall require re- location and compensation as a result of this Project were identified. For purposes of resettlement, the affected entities have broadly been categorised into Permanent and Temporary Land Take. Permanent Land Take refers to permanent loss of land and assets caused by the Project, in which case permanent re-location will be required where as Temporary land take refers to loss of land and assets caused by the Project for a period during project construction phase only. The affected entities falling under the two categories are as follows;

The Permanent Land Take category includes the following entities:

Two subsistence farmers whose structures and part of their crop is affected. 0 One Church building owned by the New Apostolic Organisation

Up to 6.83 hectares of forestry plantation under by ZAFFICO 40 to 80 hectares of natural forest under the jurisdiction of the Forestry Department

In respect of the two affected subsistence farmers and the Church, CEC shall compensate them for their lost property at full-undepreciated value with additional considerations. At this stage CEC’s general assessment is that both farmers can be re-located within their existing farmland plots. In the case of ZAFFICO and the Forestry department, the amounts to be paid for compensation have already been agreed in principle with CEC.

Page 38: World Bank Documentdocuments.worldbank.org/curated/en/... · ASSIGNMENT . Among the projects in the program to upgrade the DRC’s interconnected network, the SNEL obviously gives

Zambia - DRC 220kV lnterconnector - Resettlement Action Plan - Zambian Section Only

The Temporary Land Take category includes the following entities: 15 subsistence farmers involved in growing seasonal crops such as groundnuts, beans maize etc in the area. To the extent that these farmers are affected, they will be compensated. Unintentional damage to crops and assets during construction of the new transmission line will be fully compensated at an appropriate level. During construction CEC will ensure integrity of water courses found in the project area In instances where existing access roads will require to be closed to facilitate project work, CEC will endeavour to create alternative routes wherever possible.

In both Permanent and Temporary Land Take, CEC has undertaken to provide re-location and compensation needs commensurate with the extent of the impact caused by the project on a case by case basis. CEC has a very elaborate Environmental Policy and Procedures (Compensation and Resettlement Procedures) that supports all resettlement requirements. Additionally CEC observes all existing statutory requirements in effecting any Resettlement plans. The CEC Environmental Policy and supporting Procedures document and promote the concept that none of the affected parties shall be left worse off as a result of CEC undertaking this project. The Policy and Procedures further provide for grievance handling processes and independent valuation concepts.

To ensure successful implementation of the Resettlement action plan, CEC will appoint an Independent Valuation agency to carry out valuation exercises for all affected assets. After the valuation, a CEC appointed implementation agency will take over the plans for implementation purposes, including negotiation of compensation, payment of compensation and construction of new structures, subsequent demolition of old structures, and grievance hearings, if necessary.

A preliminary total budget for the resettlement exercise is estimated at K442 million (Four Hundred and Forty Two Million Zambian Kwacha). Key elements of this cost include K222m for Compensation, K100m for the Valuation Exercise, K80m as Cost of Implementation and K40m Contingency.

Implementation of this Resettlement Action Plan could commence as early as Quarter two of 2003 and completion is expected within six months. CEC, Environmental Council of Zambia (ECZ) and the relevant Local Authorities will monitor this exercise so as to ensure adherence to the agreed plans.


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