RRP: Safeguards Assessment Matrix...ICU beds will be added within existing hospitals. To add ICU...

COVID-19 Active Response and Expenditure Support Program (RRP MLD 54189)

SAFEGUARDS ASSESSMENT MATRIX Potential Safeguards Impacts of Program Activities

MLD (54189-001): COVID-19 Active Response and Expenditure Support (CARES) Program

Program Activities

Environmental Safeguards

Impacts

Social Safeguards

Impacts

Mitigating Measure/Remarks

Reform Area 1: COVID-19 health response measures implemented

1.1. By August 2020, COVID-19 testing facilities set up five regional hospitals across five zones

Increased generation of bio-medical wastes from health facilities

No anticipated IR or IP safeguards impacts

Wastes from medical facilities will be handled by following Maldives National Healthcare Waste Management Policy through: (i) segregation and collection of health care wastes, (ii) storage and transporting from medical facilities, and (iii) treatment and disposal to landfills and incinerators which are approved by EPA of Maldives. Additional testing facilities will be within existing hospitals and facilities. No civil works will be undertaken, and no land acquisition will be required. No IPs within the meaning of SPS will be impacted by program activities.

1.2. By August 2020, 200 critical care beds made available for COVID-19 treatment



Wastes from medical facilities will be handled by following Maldives National Healthcare Waste Management Policy through: (i) segregation and collection of health care wastes, (ii) storage and transporting from medical facilities, and (iii) treatment and disposal to landfills and incinerators which are approved by EPA of Maldives. ICU beds will be added within existing hospitals. To add ICU beds, there will be a reorganization within existing structures. No land acquisition will be required. No IPs within the meaning of SPS will be impacted by the program activities.

1.3. By August 2020, 400 isolation beds made available in health facilities with separate wards for men and women



Wastes from medical facilities will be handled by following Maldives National Healthcare Waste Management Policy through: (i) segregation and collection of health care wastes, (ii) storage and transporting from medical facilities, (iii) treatment and disposal to landfills and incinerators which are approved by EPA of Maldives. Isolation beds will be added within existing hospitals and medical facilities. To add isolation beds, there will be a reorganization within existing structures.

https://lnadbg4.adb.org/sec0066p.nsf/RRPs/54189-001-3?OpenDocument

2

Program Activities


Impacts

Social Safeguards

Impacts


No land acquisition will be required. No IPs within the meaning of SPS will be impacted by the program activities.

1.4. By August 2020, testing capacity increased to 800/day



Wastes from medical facilities will be handled by following Maldives National Healthcare Waste Management Policy through: (i) segregation and collection of health care wastes, (ii) storage and transporting from medical facilities, and (iii) treatment and disposal to landfills and incinerators which are approved by EPA of Maldives. Increase in testing capacity will require equipment and supplies to be used in existing facilities. No land acquisition will be required. No IPs within the meaning of SPS will be impacted by the program activities.

Reform Area 2: Social protection measures implemented

2.1. Cash assistance provided for 3 months to to 4,000 poor and vulnerable households, including at least 1,500 vulnerable households led by single, widowed, divorced, or differently abled women during the pandemic emergency period

No anticipated environmental impacts


No activity nor civil works component that will trigger environment safeguard requirement. No land acquisition will be required. No IPs within the meaning of SPS will be impacted by the program activities.

2.2. At least 15,000 migrant workers shifted to safer accommodations in greater Malȇ, with separate accommodation for women

Standard construction related environmental impacts, such as noise and dust generation, are anticipated.


Temporary safe accommodations will be established for migrant workers in vacant government land within the planned areas of Hulhumale and Gulifalahu. These accommodations are typically pre-fabricated structures and works on location will mostly be related to installation (Attachment 1). While there are no anticipated significant adverse environmental impacts, standard construction related environmental impacts may occur in setting-up the temporary accommodations for migrant workers. The government has confirmed that connections to basic services are available in all sites, specifically: electricity through STELCO, water and sewerage through MWSC, and solid waste collection, and treatment through WAMCO.

3

Program Activities


Impacts

Social Safeguards

Impacts


The government has confirmed that Environmental Impact Assessment (EIA) Regulations 2012 applies in establishing the sites. These would, at minimum, require an environmental assessment, and an environmental management plan.1 On the basis of ADB’s equivalence assessment of the 2007 version of the Regulations with ADB’s SPS, and a rapid assessment of the 2012 update of the regulations and other relevant policies of the Maldives, gaps have been identified (Attachment 2). These gaps are related to stakeholder consultation and information disclosure and grievance redress. The government has agreed to fill these gaps in the implementation of the program. A capacity building TA attached to the program will strengthen the government’s environmental management system for the program, and support environmental management, and monitoring for the program.

2.3. 40% electricity subsidy and 30% water subsidy provided to all consumers under the special support program for the period April 2020–May 2020




2.4. 100% of eligible applicants - approved for unemployment allowance are paid with full allowance within 3 weeks from submission of completed applications (within 2 weeks from submission of completed applications for vulnerable women and differently abled applicants), in line with the COVID-19 Income




1 The government has confirmed that they will not apply the exemption based on EIA Regulation 2012/R-27, 2nd

Amendment (22nd point of Annex T). The program will conduct environmental assessments and prepare

environmental management plans.

4

Program Activities


Impacts

Social Safeguards

Impacts


Support Allowance Program

2.5. At least five accommodation blocks within shelters for survivors of GBV operational rehabilitated in Malȇ and outer atolls (capacity: 100 individuals) within the family and child services centers

Minimal anticipated environmental impacts


Work required involves the renovation and reorganization of existing structures in government compounds. The existing structures and compounds are connected to electricity, water supply, sewage, and solid waste disposal arrangements. No land acquisition will be required. No IPs within the meaning of SPS will be impacted by the program activities.

2.6 All COVID 19 patients (national and expatriates) provided health coverage under health financing scheme (Aasandha) including outpatient and inpatient care.




Reform Area three. Economic assistance measures implemented

3.1. 100% of eligible MSME applications, below an annual turnover of Rf10,000,000 in 2019 (of which at least 20% are from women applicants) approved for working capital support under COVID-19 Viyafaari Ehee Loan scheme disbursed the loan within 3 weeks from submission of completed applications (within 2 weeks from submission of completed applications for women applicants)




3.2. At least 90% of eligible applications for working capital support above Rf10,000,000 from businesses and tourist resorts (of which at least 10% are from women applicants) under COVID-19 Recovery Scheme received financial support within 3 weeks




5

Program Activities


Impacts

Social Safeguards

Impacts


from submission of completed applications

Reform Area 4: COVID-19 response governance mechanisms strengthened

4.1. The annual report of the COVID-19 response trust fund published within 3 months of the financial year 2020 including information on monthly progress in COVID-19 response for the first 3 months, and quarterly progress thereafter with gender-, age-, and disability-disaggregated data




4.2. By December 2020, a report identifying M&E capacity gaps for relevant GOM’s programs and strengthening of M&E systems strengthened reporting, with data disaggregated by sex, age, and disability completed, and endorsed by the government




ADB = Asian Development Bank; COVID-19 = coronavirus disease; EMP = environmental management plan; EPA = Environment Protection Agency; GOM = Government of Maldives; ICU = intensive care unit; IEE = initial environmental examination; IP = indigenous peoples; IR = involuntary resettlement; M&E = monitoring and evaluation; MSME = micro, small, and medium enterprise; SPS = Safeguard Policy Statement (ADB); TA = technical assistance. Source: Asian Development Bank.

6 Attachment 1

DESCRIPTION OF TEMPORARY ACCOMMODATION FOR MIGRANT WORKERS STRUCTURES

A. Description of the Temporary Accommodation Structures

1. The economy of Maldives is heavily dependent on expatriate workers. They come from different countries such as India, Sri Lanka, and Bangladesh; and constitute more than 25% of the country’s population. These workers currently lived in congested and oftentimes unsafe and unhygienic locations placing them at a higher risk of coronavirus disease (COVID-19) infections. More than half of COVID-19 cases are from the migrant worker sector.

2. The Government of Maldives plans to shift many of these workers to temporary safe accommodation structures. These facilities will be established for migrant workers in vacant government land.

B. Location

3. Three (3) locations are identified in the island of Hulhumale’ for temporary accommodation facilities (Figure 1). Except for Amin Hiya, the government is proposing to use pre-fabricated structures which will be installed in the target locations. According to the government, utility services are available at the sites such as electricity, water and sewerage, and solid waste collection, and disposal.

4. In 2015, Hulhumale' Phase 2 was reclaimed and an Environmental Impact Assessment (EIA) was prepared for such development. The Environment Protection Agency (EPA) does not require an EIA report for individual developments in Phase 2 until 2020.

Figure 1: Temporary Accommodation Structures (in the reclaimed island of Hulhumale’, North of the Velana Airport)

Source: Google Earth; 2020 Maxar Technologies; Data SIO, NOAA, US Navy, NGA, GEBCO.

C. China State Pre-fabricated Units

5. One of the three proposed sites for the temporary accommodation is the China State Pre-fabrication units (Annex 1, Source: Housing Development Corporation Ltd.). This site is procured

Attachment 1 7

from China State Construction Engineering Corporation upon the request of the Ministry of Economic Development (MED). Currently, there are developmental works at the site according to the government. This pre-fabricated accommodation units will be used to house the expatriate workers living in congested accommodations in Malȇ’ and could be utilized as an expat quarantine facility as well. The target location of the temporary accommodation structure is at Phase II zone of Hulhumale’ (Figure 2).

Figure 2: Location of Temporary Accommodation Structure of China State Pre-fabricated Units

Source: Google Earth; 2020 Maxar Technologies.

6. The China State Pre-fabrication units will accommodate 800 people. The temporary facility will have 4 sleeping quarters, which can house 200 people in each one. These are constructed of modular steel structures with sandwich panels for walls and roof. For hygiene and sanitation purposes, there will be two large toilet blocks at the middle of site. The government will provide mess hall and kitchen, and open space for recreation as part of the site development plan (Figure 3).

Figure 3: Floor Plan of the China State Pre-fabricated Units

Source: Housing Development Corporation Ltd.

8 Attachment 1

7. The China State Pre-fabricated Units will be utilized for a period of approximately 2 years until the labor village is completed in Gulhifalhu. The development plans of the labor village are carried out by MED, however, MED will decide on this. After the 2-year period, the temporary accommodation structure will be repurposed based on the condition of the facility. D. Maldives Ports Limited Pre-fabricated Units 8. Also, in Phase II zone in Hulhumale’, another temporary accommodation structure is located about 1.3 kilometers South of China State Pre-fabrication units. The Maldives Ports Limited (MPL) has handed the pre-fabricated units to Housing Development Corporation (HDC) free of charge, which will be used as temporary accommodation facility. Similar to the China State Pre-fabrication units, developmental works are still ongoing in the site. This temporary accommodation units will be for expatriate workers living in Malȇ’ who are residing in crowded areas and quarantine facility for expat workers as well. The accommodation facility will only be utilized for 2 years until the Gulhifalhu labor village is established. The target location of the temporary accommodation structure is shown at Figure 4.

Figure 4: Locations of Temporary Accommodation Structures of the Maldives Ports Limited Pre-fabricated Units


9. Shown in Annex 2 (Source: Housing Corporation Ltd.), the MPL pre-fabricated units will be designed to accommodate 800 people. Similarly, the accommodation facility will have 4 quarters for expatriate workers, which 200 people can occupy each one (Figure 5). These are constructed of modular steel structures with sandwich panels for walls and roof, another two large blocks for mess hall and kitchen, and hygiene purposes. There will be open space for recreation as part of the site development plan.

Attachment 1 9

Figure 5: Floor Plan of the Maldives Ports Limited Pre-fabricated Units

Source: Housing Development Corporation Ltd.

E. Amin Hiya

10. Amin Hiya is an ongoing residential development being constructed by the owner, Amin Construction Private Limited. The facility was provided to HDC because of the request of the government to house the expat workers living in Malȇ’ and transfer them into safer place because of COVID-19. The capacity of Amin Hiya temporary shelter is 460 people. Approximately 170 workers were relocated to the facility, however, Amin Hiya is currently under isolation because of positive cases found within the relocated expatriates. Minor refurbishments are required before full utilization and the property was provided for only 6-month period. Afterwards, the facility will be utilized to accommodate Amin Construction Expatriate workers, until project development. This is the only temporary facility, which is in Hulhumale’ Phase I. The locational map of the facility is shown in Figure 8.

Figure 8. Locations of Temporary Accommodation Structures of the Amin Hiya


10 Attachment 1

F. Basic Utilities 11. Currently, electricity network has been established within the proposed sites. Electricity will be connected to the State Electric Company Limited (STELCO) Power Grid. STELCO is a Maldivian government-owned company, with over 65 years of history, mandated to provide electricity services to Hulhumale’ and different parts of the country. 12. The water supply for the temporary accommodation structures in the target sites is available through the service of Malȇ’ Water and Sewerage Company Pvt Ltd (MWSC) Water Network. MWSC is a state-owned enterprise and mandated to provide water to Hulhumale’. Further, the same company will treat the sewage from the facilities.

13. According to the government, solid waste collections in Hulhumale’ and disposal will be handled by Waste Management Corporation Limited (WAMCO). They are the company who are managing Thilafushi Waste Disposal Site. They have their own arrangements to transfer the waste to Thilafushi and cover the solid wastes at the four temporary accommodation areas.

Attachment 1 (Annex 1) 11

CHINA STATE PRE-FABRICATED UNITS

12 Attachment 1 (Annex 2)

MALDIVES PORTS LIMITED PRE-FABRICATED UNITS

Attachment 2 13

GAP ANALYSIS BETWEEN ADB SPS REQUIREMENTS FOR ENVIRONMENT CATEGORY B PROJECTS AND RELEVANT ENVIRONMENTAL POLICIES OF THE GOVERNMENT OF MALDIVES

(A)

ADB Safeguard

Policy Statement

(B)

Relevance for the MLD CARES Program

(C)

Corresponding Legal Provisions under the Government of Maldives

(D)

Extent of Equivalence1

(E) Recommended Gap-

Bridging Measures for MLD CARES Program

Policy Principle 1: Use a screening process for each proposed project, as early as possible, to determine the appropriate extent and type of environmental assessment so that appropriate studies are undertaken commensurate with the significance of potential impacts and risks.

Key element (1) Use a screening process to determine the appropriate extent and type of environmental assessment

Yes The EIA Regulations 2012, in particular section 8, elaborates the process by which screening is used to identify proposals that have little or no environmental impact. Schedule D of the EIA Regulations list projects that need to undertake an Environmental Impact Assessment (EIA) because of likely severity impacts. The proposed temporary shelter is not listed in Schedule D and need to submit a Screening Form (Schedule C1) to the Ministry. The Ministry will respond with a Screening Decision (Schedule C3), informing the proponent one of the following: (1) Environmental Management Plan is required; or (2) further information is required in the form of an Initial Environmental Examination (IEE) study.

Full equivalence None required

Policy Principle 2: Conduct an environmental assessment for each proposed project to identify potential direct, indirect, cumulative, and induced impacts, and risks to physical, biological, socioeconomic (including impacts on livelihood through environmental media, health, and safety, vulnerable groups, and gender issues), and physical cultural resources in the context of the project’s area of influence. Assess potential trans-boundary and global impacts, including climate change. Use strategic environmental assessment where appropriate.

1 “Full equivalence” denotes that the Maldives legal requirement(s) are in complete harmony with the corresponding ADB Safeguard Objective, Scope and Trigger,

Policy Principle, or Key Element thereof; “partial equivalence” denotes that the Maldives legal requirement is in partial harmony with the corresponding ADB Safeguard Objective, Scope and Trigger, Policy Principle, or Key Element; and “no equivalence” denotes that no Maldives legal requirement can be found that corresponds to the particular ADB Safeguard Objective, Scope and Trigger, Policy Principle, or Key Element.

14 Attachment 2

(A)

ADB Safeguard Policy Statement

(B)


(C)


(D)




Key element (1) Identify indirect as well as direct impacts

Yes Schedule E2 (Contents of an Initial Environment Examination) of the EIA Regulations 2012 requires that the no impact, positive impact, negative impact, direct impact, and non-direct impact analysis on sea bed, water (including seawater) quality, marine life, reefs, sea grass beds, wide beaches, wetlands and mangroves, protected areas, vegetation, introduction of alien species, changes to the natural environment, air quality, ground water quality, availability of freshwater, noise pollution, public health, public safety, public transport, employment opportunities, livelihood, and public perspectives.

Full compliance None required

Key element (2) Identify cumulative impacts

No Cumulative impacts of components with safeguard risks under the program are insignificant.

The EIA Regulations 2012 defines “IEE” as study that provides preliminary identification, evaluation, and mitigation of the biophysical, social, economic, and other relevant effects of a Development Proposal. Schedule E2 (Contents of an Initial Environment Examination) of the EIA Regulations 2012 requires analysis on no impact, positive impact, negative impact, direct impact and non-direct impact, and any impacts to the natural environment or the human environment in addition to the list in Key Element 1.

Partial compliance There is no specific requirement on identifying cumulative impacts

None required

Key element (3) Identify induced impacts

Yes The EIA Regulations defines “IEE” as study that provides preliminary identification, evaluation, and mitigation of the biophysical, social, economic, and other relevant effects of a Development Proposal. Schedule E2 (Contents of an Initial Environment Examination) of the EIA


Attachment 2 15

(A)


(B)


(C)


(D)




Regulations 2012 requires analysis on no- impact, positive impact, negative impact, direct impact and non-direct impact, and any impacts to the natural environment or the human in environment addition to the list in Key Element 1.

Key element (4) Identify physical impacts

Yes Schedule E2 (Contents of an Initial Environment Examination) of the EIA Regulations 2012 requires analysis on no- impact, positive impact, negative impact, direct impact, and non-direct impact to sea bed, water (including seawater) quality, sea grass beds and wide beaches, and any impacts to the natural environment or the human.


Key element (5) Identify biological impacts

Yes Schedule E2 (Contents of an Initial Environment Examination) of the EIA Regulations 2012 requires analysis on no- impact, positive impact, negative impact, direct impact, and non-direct impact to marine life, reefs, sea grass beds, wetlands and mangroves, protected areas, vegetation and introduction of alien species, and any impacts to the natural environment or the human.


Key element (6) Identify socioeconomic impacts (including on livelihood through environmental health and safety, vulnerable groups, and gender issues)

Yes Schedule E2 (Contents of an Initial Environment Examination) of the EIA Regulations 2012 requires analysis on no- impact, positive impact, negative impact, direct impact, and non-direct impact on public health, public safety, public transport, employment opportunities, livelihood, and public perspectives, and any impacts to the human environment.

Partial equivalence There is no reference in the EIA Regulation for the IEE to assess impacts on vulnerable groups and gender issues.

Already addressed as part of program design. The program includes several measures to support vulnerable groups and address gender issues (see activities under reform area 2 and 3).

Key element (7) Yes Part II (Project Planning) of the EIA Regulations 2012 states that an EIA or IEE shall be conducted following the provisions


16 Attachment 2

(A)


(B)


(C)


(D)




Identify impacts on physical cultural resources

of these regulations and considering the effects of a Development Proposal on material assets and cultural heritage (Item no. 4).

Key element (8) Identify impacts in the context of the project’s area of influence

Yes There is reference to defining the boundaries of the area affected by the development project, but no specific reference to the context of the project’s area of influence, although the EIA Regulations 2012 refers indirect results, which are caused by an action or actions and are later in time or further removed in distance, but are still reasonably foreseeable; and includes growth-regulating effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air, water and other natural systems, including ecosystems.


Key element (9) Assess potential trans-boundary impacts

No. No trans-boundary impacts are anticipated from the program.

There is no explicit reference to “assessment of trans-boundary impacts” in the legal framework.

No equivalence None required

Key element (10) Assess potential global impacts, including climate change

No. No climate change impacts are anticipated from the program.

Part II (Project Planning) Section B states sound project planning that fully takes into account all policies and legislation, as well as the country's commitments as a Party to relevant International Conventions and Protocols, is of paramount importance for the sustainable development of Maldives.


Key element (11) Use strategic environmental assessment

No. SEA is not required for the program.

There is no explicit reference to conduct of strategic environmental assessment in the legislation.


Attachment 2 17

(A)


(B)


(C)


(D)




Policy Principle 3: Examine alternatives to the project’s location, design, technology, and components, and their potential environmental and social impacts and document the rationale for selecting the particular alternative proposed. Also, consider the no-project alternative.

Key element (1) Examine alternatives to the project’s location, design, technology

No Alternative analysis is not required for category B projects.

Temporary shelter is not in the list of Schedule D and will not require alternative analysis.


Key element (2) Consider the no-project alternative

No Alternative analysis including on no-project alternatives is not required for category B projects.

Temporary shelter is not in the list of Schedule D and will not require Alternative analysis.


Policy Principle 4: Avoid, and where avoidance is not possible, minimize, mitigate, and/or offset adverse impacts and enhance positive impacts by environmental planning and management. Prepare an environmental management plan (EMP) that includes the proposed mitigation measures, environmental monitoring, and reporting requirements, related institutional, or organizational arrangements, capacity development, and training measures, implementation schedule, cost estimates, and performance indicators. Key considerations for environmental management plan (EMP) preparation include mitigation of potential adverse impacts to the level of no significant harm to third parties, and the polluter pays principle.

Key element (1) Avoid, and where avoidance is not possible, minimize, mitigate, and/or offset adverse impacts enhance positive impacts by environmental planning and management

Yes The EIA Regulations 2012 defines mitigation as: (a) Avoiding the impact all together by not

taking a certain action or a part of an action,

(b) Minimizing negative impacts by limiting the degree and magnitude of the action and its implementation,

(c) Optimizing the positive impacts of development,

(d) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment,

(e) Reducing or eliminating the impact over time by conservation operations during the life of the action, and


18 Attachment 2

(A)


(B)


(C)


(D)




(f) Compensating for the impact by replacing or providing substitute resources or environments

Key element (2) Prepare an EMP

Yes Schedule E3 (Contents of EMP) of the EIA Regulation 2012 defines the format and information required by the regulation. Based on the regulation, the project should follow the exact procedures described in the EMP and the costs incurred shall be borne by the proponent.


Key Element (3) Prepare an EMP that includes the proposed environmental monitoring and reporting requirements

Yes As part of the scope of the EMP, Schedule E3 of the EIA Regulation 2012 “Contents of EMP” requires reporting outcomes from mitigation functions and monitoring program to the relevant authorities should be detailed in the EMP. As such, these plans should include how contractors and sub-contractors report to the proponent and how the proponent reports to the ministry, including the responsible parties for the different stages of reporting.


Key Element (4) Prepare an EMP that includes related institutional or organizational arrangements

Yes As part of the scope of the EMP, Schedule E3 of the EIA Regulation 2012 “Contents of EMP” requires responsible parties for carrying out mitigation functions and conducting monitoring program should be identified in the EMP. The inter-relations and coordination systems between the different parties involved in the mitigation functions and monitoring program should be detailed in the EMP.


Attachment 2 19

(A)


(B)


(C)


(D)




Key Element (5) Prepare an EMP that includes the proposed capacity development and training measures

Yes As part of the scope of the EMP, Schedule E3 of the EIA Regulation 2012 “Contents of EMP” includes the details of the expected profits and exposed opportunities from the project should be identified and included. Some of these opportunities may be further developed so as to benefit the surrounding environment and general living conditions. And plans for sustainable development of such opportunities shall be included in the EMP.

Partial equivalence Capacity development and training measures are not directly mentioned in Schedule E3. Requirement for capacity development and training needs for implementing the EMP needs to be clear and specific.

Government will provide required capacity development and training required to implement program EMPs. The program includes a technical assistance (TA) to strengthen the environmental management system for the program. The specific support from the TA is detailed in the program’s linked document nine which includes terms of reference for supporting environmental management.

Key Element (6) Prepare an EMP that includes the proposed implementation schedule

Yes As part of the scope of the EMP, Schedule E3 of the EIA Regulation 2012 “Contents of EMP” requires the details of the timeframes and frequency of the different activities of the EMP.

Full Equivalence None required

Key Element (7) Prepare an EMP that includes the proposed cost estimates

Yes As part of the scope of the EMP, Schedule E3 of the EIA Regulation 2012 “Contents of EMP” requires costs on mitigation functions and monitoring programs


Key element (8) Prepare an EMP that includes the proposed

Yes As part of the scope of the EMP, Schedule E3 of the EIA Regulation 2012 “Contents of EMP” includes (1) measures and standards to determine the positive or negative environmental effects from each


20 Attachment 2

(A)


(B)


(C)


(D)




performance indicators

mitigation function, (2) method of determining effects, (3) frequency, (4) measures, and (5) areas of survey to determine the effects.

Key Element (9) Key considerations for EMP preparation include mitigation of potential adverse impacts to the level of no significant harm to third parties, and the polluter pays principle

No. Third party harm and polluter pay principle is not relevant for the program.

The legislation is implicit in terms of the requirement to avoid or minimizing the impact on the environment or human health and safety.

Partial equivalence There is no explicit reference to the polluter play principle

None required

Policy Principle 5: Carry out meaningful consultation with affected people and facilitate their informed participation. Ensure women’s participation in consultation. Involve stakeholders, including affected people and concerned nongovernment organizations (NGOs), early in the project preparation process and ensure that their views and concerns are made known to and understood by decision makers and taken into account. Continue consultations with stakeholders throughout project implementation as necessary to address issues related to environmental assessment. Establish a grievance redress mechanism to receive and facilitate resolution of the affected people’s concerns and grievances regarding the project’s environmental performance.

Key element (1) Carry out meaningful consultation with affected people and facilitate their informed participation

Yes Schedule E1 of the EIA Regulations 2012 lists the Public Consultation requirements as follows, that the EIA process and report should include: (a) A list of persons consulted including

persons in statutory bodies, atolls, and island offices, community groups, and NGOs, local residents, local fishers, tourism operators, and others likely to be affected by the proposed development;

(b) Information on how, when, and where consultations were conducted, e.g. stakeholder meetings in affected area, individual meetings, questionnaires; and

(c) Summary of outcome of consultations, including the main concerns identified.

Partial equivalence Public consultation is not indicated under Schedule E2 “Contents of the IEE.” There is no clear time line established when consultation should occur, if consultation should take place throughout project implementation and the means for

Government will conduct consultations to inform stakeholders of program elements requiring environmental management. The program includes a TA to strengthen the environmental management system for the program.

Attachment 2 21

(A)


(B)


(C)


(D)




resolution of any affected person’s concerns.

Key element (2) Ensure women’s participation in consultation

Yes There is no explicit reference to women’s participation in the consultative process, although reference to consultation in the EIA Regulations.

No equivalence Government will include women in consultations to inform stakeholders of program elements requiring environmental management. The program includes a TA to strengthen the environmental management system for the program.

Key element (3) Involve stakeholders, including affected people, and concerned NGOs, early in the project preparation process

Yes While there is explicit reference in Schedule E1of the EIA Regulations 2012 of the requirements for involving stakeholders and affected people as outlined below, it does not specify the stages (including early in project preparation process) that consultation is mandatory. That the EIA process and report should include: (a) A list of persons consulted including

persons in statutory bodies, atolls, and island offices, community groups, and NGOs, local residents, local fishers, tourism operators, and others likely to be affected by the proposed development;

(b) Information on how, when, and where consultations were conducted, e.g. stakeholder meetings in affected area, individual meetings, questionnaires; and

(c) Summary of outcome of consultations, including the main concerns identified.

Partial equivalence Public consultation is not indicated under Schedule E2 “Contents of the IEE.” There is no reference to the stages and timing of consultations.

Government will include relevant stakeholders in consultations to inform stakeholders of program elements requiring environmental management. The program includes a TA to strengthen the environmental management system for the program.

22 Attachment 2

(A)


(B)


(C)


(D)




Key element (4) Establish a grievance redress mechanism

Yes There is no explicit reference to the establishment of a grievance redress mechanism (GRM) at the project level.

No equivalence Government will establish GRMs for program elements with safeguard risks. The program includes a TA to strengthen the environmental management system for the program.

Policy Principle 6: Disclose a draft environmental assessment (including the EMP) in a timely manner, before project appraisal, in an accessible place, and in a form and language(s) understandable to affected people and other stakeholders. Disclose the final environmental assessment, and its updates if any, to affected people, and other stakeholders.

Key element (1) Disclose a draft environmental assessment (including the EMP) in a timely manner, before project appraisal, in an accessible place

Yes Part III, section 7 (d) states the Ministry will maintain and regularly update the following document on public domain for public viewing and comments: (3) EMPs excluding commercial and personal information of confidential nature which the proponent and the Ministry deems confidential. According to Schedule F (Guidelines for Submitting an EIA Study in Electronic Format), EIA reports will be made available on the Ministry's website to allow for more transparency and stakeholder involvement.

Partial equivalence There is no requirement on the disclosure of draft IEE, including timing, location, and language.

Government will disclose environmental assessment documents for the program in government websites.

Key element (2) Disclose the final environmental assessment, and its updates if any, to affected people, and other stakeholders

Yes

According to Schedule F (Guidelines for Submitting an EIA Study in Electronic Format), EIA reports will be made available on the Ministry's website to allow for more transparency and stakeholder involvement.

Partial equivalence There is no requirement on the disclosure of final IEE (and EMP), including timing, location, and language.

Government will update program environmental assessments as required and disclose these in government websites.

Policy Principle 7: Implement the EMP and monitor its effectiveness. Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports.

Attachment 2 23

(A)


(B)


(C)


(D)




Key element (1) Implement the EMP and monitor its effectiveness

Yes Schedule E3 of the EIA Regulation 2012 “Contents of EMP”. In order to ensure that the proposed mitigation procedures are carried at the national standards and that they do achieve their objectives, the environmental impact monitoring programs should be included in the EMP. Such programs shall include the following: (1) measures and standards to determine the positive or negative environmental effects from each mitigation function, (2) method of determining effects, (3) frequency, (4) measures, and (5) areas of survey to determine the effects.


Key element (2) Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports

Yes Schedule E3 of the EIA Regulation 2012 “Contents of EMP.” The policies for reporting outcomes from mitigation functions and monitoring program to the relevant authorities should be detailed in the EMP. As such, these plans should include how contractors and sub-contractors report to the proponent and how the proponent reports to the ministry, including the responsible parties for the different stages of reporting.

Partial equivalence There is no requirement for public disclosure of the monitoring results. Disclosure is limited to submission to government agencies.

Government will report progress on program elements with safeguard risks and disclose these periodically in government websites. The program includes a TA to strengthen environmental monitoring for the program.

Policy Principle 8: Do not implement project activities in areas of critical habitats, unless (i) there are no measurable adverse impacts on the critical habitat that could impair its ability to function; (ii) there is no reduction in the population of any recognized endangered, or critically-endangered species; and (iii) any lesser impacts are mitigated. If a project is located within a legally-protected area, implement additional programs to promote and enhance the conservation aims of the protected area. In an area of natural habitats, there must be no significant conversion or degradation, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially outweigh the environmental costs, and (iii) any conversion or degradation is appropriately mitigated. Use a precautionary approach to the use, development, and management of renewable natural resources.

24 Attachment 2

(A)


(B)


(C)


(D)




Key Element (1) Do not implement project activities in areas of critical habitats, unless (i) there are no measurable adverse impacts on the critical habitat that could impair its ability to function, (ii) there is no reduction in the population of any recognized endangered or critically-endangered species, and (iii) any lesser impacts are mitigated.

No Program activities do not involve critical habitat.

The EIA Regulations 2012 defines natural environment as: (i) Natural features consisting of physical

and biological formations or groups of such formations;

(ii) Geological and physiological, geomorphical, lithostratigraphical, paleontological, and hydrological functions and precisely declined areas which constitute the habitat of threatened species of fauna and flora; and

(iii) Natural sites of precisely delineated areas of value from the point of view of science, scenic value, conservation, or natural beauty.

The Schedule B further requires development to ensure that economic development is sustainable and that any development project assess the “presence or absence of critical ecosystems” or “Environmental Sensitive Areas” (ESA) that have been identified by the Ministry of Environment. If such an ESA has been identified in the development area, that site should be either removed for consideration for future development or that development could take place, taking into consideration the conservation of the sensitive area, thereby mitigating the negative impacts.


Key Element (2) If a project is located within a legally- protected area, implement additional programs to promote

No. Program activities do not involve protected areas.

The Schedule B further requires development to ensure that economic development is sustainable and that any development project assess the “presence or absence of critical ecosystems” that would or ESA that have been identified by

Partial Equivalence None required

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(A)


(B)


(C)


(D)




and enhance conservation aims of the protected area

the Ministry of Environment. If such an ESA has been identified in the development area, that site should be either removed for consideration for future development or that development could take place, taking into consideration the conservation of the sensitive area, thereby mitigating the negative impacts. However, Schedule B clarifies that if a site/island or its surrounding reef is part of the island/reef ecosystem included in the ESA sites listed for special protection, such sites should not be considered for any development. Also, any site/island selected for development must have at least a 20 m space (measured from the seaward edge inland) for maintenance of an undisturbed band of vegetation that could serve as a “no-development” buffer zone, or else it should be removed from any development activity.

Key Element (3) In an area of natural habitats, there must be no conversion or degradation, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially overweigh the environmental costs, and (iii) any conversion or degradation is

No. Program activities do not involve natural habitat.

While the legislation recognizes the need to ensure that development is excluded from specially-designed environmentally-sensitive sites, the EIA Regulations 2012 calls for evaluation of alternatives ways to development that cause less harm of the environment (that is defined as fauna, flora, and natural habitats).

Partial equivalence There is no explicit requirement for evaluating cost and benefits of damaging the environment (including natural habitats) in decision-making on conversion or degradation of natural habitats.

None required

26 Attachment 2

(A)


(B)


(C)


(D)




appropriately mitigated.

Key Element (4) Use a precautionary approach to the use, development, and management of renewable natural resources

No There will be no use, development, or management of renewable natural resources under the program.

Schedule B states that development that is in harmony with the natural environment is the preferred approach for the Maldives and environment is defined as the fauna, flora, natural habitat, and the human environment. However, there is no specific reference on the use of a precautionary approach to the management of renewable natural resources.


Policy Principle 9: Apply pollution prevention and control technologies and practices consistent with international goods practices as reflected in internationally-recognized standards such as the World Bank Group’s Environmental, Health, and Safety Guidelines. Adopt cleaner production processes and good energy efficiency practices. Avoid pollution or, when avoidance is not possible, minimize or control the intensity or load of pollutant emissions and discharges, including direct, and indirect greenhouse gases emissions, waste generation, and release of hazardous materials from their production, transportation, handling, and storage. Avoid the use of hazardous materials subject to international bans or phaseouts. Purchase, use, and manage pesticides based on integrated pest management approaches and reduce reliance on synthetic chemical pesticides.

Key element (1) Apply pollution prevention and control technologies and practices consistent with international goods practices

Yes Schedule E3 of the EIA Regulation 2012 “Contents of EMP.” Possible impacts from the project should be determined and included in the EMP, including details of most appropriate conditions for mitigation procedures. The structural and non-structural mitigation procedures of the plan should be presented separately. The main piece of legislation that provides regulations for the protection and prevention of pollution is the Environment Protection and Preservation Act of 1993. Under section 1 of the Act, requires the government and citizens to give special attention to the protection of its environment including both sea and the atmosphere. The relevant government authorities shall also

Partial equivalence While the EPPA does not make reference to international standards of pollution management it does not have explicit requirements on this

Already addressed as part of program design. Pollution control mechanisms will be implemented under relevant components of the program.

Attachment 2 27

(A)


(B)


(C)


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provide guidelines for the protection and preservation and everyone is required to respect such guidelines. Under section 7(a), any type of wastes, oils, poisonous gas or any substance that may have harmful effects on the environment shall not be disposed of within the territory of the Maldives. In cases where the disposal of such substances becomes absolutely necessary, they shall be disposed of only within those areas designated for such purposes by the government. If such waste is to be incinerated, appropriate precautions should be taken to avoid any harm to the health of the population. Similarly, the Act also states that wastes that are harmful to human health and the environment shall not be disposed of anywhere within the territory of the country and permission should be obtained from the relevant authority at least 3 months in advance of any trans-boundary movement of such wastes through the territory of the Maldives.

Key Element (2) Adopt cleaner production processes and good energy efficiency practices

No Clean production and energy efficient production is not relevant for the program.

Schedule E1 of the EIA Regulations 2012 “Project Description” requires the project proponent to identify measures to be adopted to promote sustainable development, including cleaner production, renewable energy systems during the implementation and operational phases of the project.

Partial equivalence None required

Key Element (3) Avoid pollution or, when avoidance is not possible, minimize or control

Yes

Schedule E3 of the EIA Regulation 2012 “Contents of EMP.” Possible impacts from the project should be determined and included in the EMP, including details of most appropriate conditions for mitigation

Partial equivalence There is no recognition of load minimization and

Already addressed as part of program design Pollution control mechanisms will be

28 Attachment 2

(A)


(B)


(C)


(D)




the intensity or load of pollutant emissions and discharges, including direct, and indirect greenhouse gas emissions, waste generation, and release of hazardous materials from their production, transportation, handling, and storage

procedures. The structural and non-structural mitigation procedures of the plan should be presented separately.

control, including measures for generation, release, handling and storage

implemented under relevant components of the program.

Key Element (4) Avoid the use of hazardous materials subject to international bans or phaseouts

No There will be no use of hazardous materials in program components with safeguards risk.

Part II (Project Planning), project planning that fully takes into account all policies and legislation, as well as the country's commitments as a Party to relevant International Conventions and Protocols, is of paramount importance for the sustainable development of the Maldives.

Partial equivalence None required

Key Element (5) Purchase, use, and manage pesticides based on integrated pest management approaches and reduce reliance on synthetic chemical pesticides

No No pesticides will be used under the program.

There is no specific legislation that governs the purchase, use, and management of pesticides in the Maldives. The Environment Protection and Preservation Act deals more broadly with the impacts of development related activities on the environment (fauna, flora, natural resources, etc.) and on the health and well- being of the people. The direct and indirect impacts on air, water, and other natural systems (that likely refers to soil, renewable, and non-renewable natural resources).

No equivalence Guidance on the purchase, use, and management (production, transport, storage, handing, disposal) of chemicals use in agriculture

None required

Policy Principle 10: Provide workers with safe and healthy working conditions and prevent accidents, injuries, and disease. Establish preventive and emergency preparedness and response measures to avoid, and where avoidance is not possible, to minimize, adverse impacts, and risks to the health and safety of local communities.

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Key Element (1) Provide workers with safe and healthy working conditions and prevent accidents, injuries, and disease

Yes Schedule E2 (Contents of an Initial Environment Examination) of the EIA Regulations 2012 requires that the no impact, positive impact, negative impact, direct impact, and non-direct impact on, public health, public safety, public transport, employment opportunities, livelihood, and public perspectives.

Articles 73–76 of The Employment Act of 2008 provides coverage of measures for the safety and protection of employees at the workplace. Such measures shall include:

(i) implementation of a safe workplace and procedures, procurement of secure tools and machinery for carrying out work, and ensuring the continued safety of the same;

(ii) provide safe materials to work with; (iii) provide protective equipment and safety

equipment if the nature of work is such that it is not possible to eliminate or control health hazards arising out of the work;

(iv) provide education and training to employees on the use of protective gear and safety equipment, and disseminate to employees the information on all issues of related concern;

(v) conduct regular health checks for employees engaged in work involving chemical or biological materials that may cause a hazard to physical health or employees involved in any work that may cause physical ill health;

Full equivalence None required Government will follow national guidance and requirements for COVID-19 with respect to health and safety under the program and will be guided by internationally- accepted guidance such as from World Health Organization (WHO) and others.

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(vi) provide or arrange for appropriate medical care for employees injured while carrying out employment; and

(vii) arrange the facilitation of first aid to employees in emergencies or accidents.

The following are duties imperative upon

every employee: (i) maintenance of safe work practices at

work to avoid danger to the safety and well-being of the employee and co‐workers which may be caused by inattentiveness to safety and security measures;

(ii) assist the employer and co‐workers in maintenance of measures designed to ensure health and safety in the workplace;

(iii) use safety equipment and protective gear as instructed following the training and education provided for use of such equipment and gear;

(iv) report to the employer any damage, loss of, or destruction of protective gear or safety equipment;

(v) inform the employer or his designated supervisor immediately of the occurrence of any incident which the employee believes may cause danger and which the employee is unable to resolve; and

(vi) inform the employer or his designated supervisor of any accidents or damage sustained occurring at work or related to work.

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(B)


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Key Element (2) Establish preventive and emergency preparedness and response measures to avoid, and where avoidance is not possible, to minimize adverse impacts and risks to the health and safety of local communities

Yes The Disaster Management Act of 2006 recognizes that it is the state responsibility to protect its people, their property and the natural and built environment they live in from natural and manmade disasters as well as requiring the Government to act to manage risks, ensure preparedness, relief and recovery through capacity building, and establishing partnerships with organized local communities and international organizations, as well as preparing a national disaster management plan and national emergency operations plan. The intent is to promote an integrated and coordinated system of disaster management with emphasis on prevention and mitigation, communication, public awareness, knowledge, community participation, etc.


Policy Principle 11: Conserve physical cultural resources and avoid destroying or damaging them by using field-based surveys that employ qualified and experienced experts during environmental assessment. Provide for the use of “chance find” procedures that include a pre-approved management and conservation approach for materials that may be discovered during project implementation.

Key Element (1) Conserve physical, cultural resources and avoid destroying or damaging them by using field-based surveys that employ qualified and experienced experts during environmental assessment

No No physical cultural resources are involved under the program.

Part II – Project Planning. An EIA or IEE shall be conducted following the provisions of these Regulations and considering the effects of a Development Proposal on material assets and cultural heritage (4).


Key Element (2) Provide for the use of “chance find” procedures that

No Chance find procedures are not

There is no guidance on how to deal with chance finds.

No equivalence guidance on the chance find procedures

None required

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include a pre-approved management and conservation approach for materials that maybe discovered during project implementation

relevant for the program.

Source: Asian Development Bank.

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