Environmental Impact Assessment (EIA) and Project Level Conflict Assessment (PLCA)

Environmental Impact Assessment (EIA) and Project Level Conflict Assessment (PLCA)

Water for Recovery and Peace Programme (WRAPP)

Terms of Reference for EIA and PLCA Consultant

Application Date line Nov 11, 2011

1. Introduction:

This TOR is intended to guide the EIA and PLCA Consultant on the modalities of carrying out the EIA and PLCA for two proposed sites for haffir (earth dams) construction in Tonj East County of Warrap state. Two haffirs will be constructed using heavy earth moving equipment to store rain water for livestock watering during dry season. Two boreholes will be sited and drilled in the proximity of each of the haffirs to provide safe water for the herders following the livestock.

2. Background information:

Since 2004 Pact has been implementing water programme as peace dividends. Pact has also provided water in feuding communities in order to lessen conflicts over limited supplies. Through funding from the Sudan Recovery Fund (SRF) for Warrap state under the Warrap State Stabilization Programme, Pact will construct one haffir and drill two boreholes per project site in both Makuac and Paweng Payams of Tonj East County. These facilities will be sited strategically in such a way that they serve the communities during the drier parts of the year when livestock move to the lower lands in search of pasture and reliable water sources. The facilities will be sited in such a way that they reduce the annual recurrence of inter-communal conflicts. Siting of these facilities will be majorly informed by a concurrent conflict assessment carried on the proposed areas alongside the EIA.

2.1. Major Activities of the project

The major activities of the project are excavation of two haffirs using heavy earth moving equipments and plants and the drilling of deep boreholes using machine driven borehole drilling rigs. Mobilization of the communities ahead of the construction phase of the project and the training of the beneficiaries in proper operation and maintenance of the facilities are other important components of the project.

2.2. Detailed description of the project

The project is to undertake the construction of the two haffirs each of 30,000 cubic metres and drill deep boreholes to be fitted with India Mark II hand pumps. One haffir shall be constructed in Ayok Boma of Makuac Payam while the other shall be constructed at Photkuo Boma in Paweng Payam. The haffirs are strategically sited in major dry season grazing areas and are specifically to be constructed for livestock watering only. The haffirs shall be fenced and water for livestock will be supplied through two centrifugal diesel engine or solar powered pumps into drinking troughs placed outside the haffir fence. Provision shall be made for water to be lifted out of the haffir manually in the events of pump outages without users coming in direct contact with the water stored in the haffirs. Two boreholes fitted with hand pumps shall be sited close to each of the two haffirs to provide safe water to the herders accompanying their livestock. The construction process for this project will involve the use of heavy diesel equipment and plants.

The project area is community land jointly owned by the herding community within the proposed haffir catchment. Communal lands often do not have land titles. The land for the haffir construction has been jointly selected by local stakeholders and the authorities at the county and state levels.

The general physical feature of the area is flat area characterized by expansive black cotton soils. There is no existing road to the project site. The proposed sites can be accessed through the numerous dirt cattle tracks during the dry season.

3. Objectives: The overall objective of the proposed project is to contribute to the stabilization of the communities in this part of Warrap state through provision of water whose scarcity causes competition and conflicts amongst herders. The specific objective of the project is to construct two haffirs each of 30,000 cubic metres capacity and drill two deep boreholes per haffir locations in two Payams of Tonj East County, Warrap state.

Purpose of the EIA and PLCA: The purpose of the EIA is to determine as precisely as possible, within the present limits of knowledge and expertise, the likely environmental impacts of the proposed project. The objective of the EIA is to establish two clean and sustainable haffirs for livestock watering at Paweng and Makuac Payams. The PLCA serves as a diagnostic tool to provide Pact WRAPP with a solid understanding of key causes and consequences of current and potential conflict in Warrap State in and around the sites of the proposed SRF supported construction of boreholes and haffirs in Tonj East. Second, it should provide an analysis of the potential positive and negative impacts of the proposed activities on the socio-economic conditions and overall conflict system of the area. If the assessment indicates potentially serious negative impacts then, in consultation and agreement with the beneficiary communities, County and State Government, recommendations for specific alternative sites must be given. Finally, the assessment should consider what some of the main capacities are to support local efforts to manage conflict and build peace. These assessments will inform Pact and SRF decision making in Warrap, with the aim of improving the effectiveness of the proposed activities, by making available evidence based data set.

4. Study area: The proposed project location shall be at Ayok in Makuac Boma and Photkuo in Paweng Boma all located in Tonj East County of Warrap state.

5. Scope of work and deliverables for the EIA:

The following shall be the scope of work and the tasks to be carried out, information deficiencies to be addressed, studies to be carried out, methodologies etc to be employed during the study by the consultant over a period of 21 days commencing in December 2011.

5.1. Description of the proposed project: provide a brief description of the relevant parts of the project, using maps (at appropriate scale) where necessary.

5.2. Description of the environment: assemble, evaluate and present baseline data on the relevant environmental characteristics of the study area. Include information on any changes anticipated before the project commences.

5.3. Legislative and regulatory considerations: describe the pertinent regulations and standards governing environmental quality, health and safety, protection of sensitive areas, protection of endangered species, siting of construction projects, land use control, etc. in South Sudan where possible. In their absence, a best practice can be employed.

5.4. Determination of the potential impacts of the proposed project: distinguish between significant positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts. Identify impacts that are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of environmental costs and benefits.

5.5. Carry out analysis of alternatives to the proposed project: describe alternatives that will be examined in the course of developing the proposed project and identify other alternatives which would achieve the same objective.

5.6. Development of a management plan to mitigate negative impacts: recommend feasible and cost-effective measures to prevent or reduce significant negative impacts to acceptable levels and describe the actions necessary to implement them.

5.7. Identification of institutional needs to implement environmental assessment recommendations: review the authority and capability of such institutions at local, county, and state levels. Recommend steps to strengthen or expand them so that the management and monitoring plans in the environmental assessment can be implemented.

5.8. Development of a monitoring plan: prepare a detailed plan to monitor the implementation of mitigation measures and the impacts of the project during construction and operation.

5.9. The consultant shall propose community-Pact Sudan participation platform and inter-agency co-ordination with other partners: describe how the arrangements for obtaining the views of local stakeholders and beneficiary groups, and in keeping records of meetings and other activities, communications, and comments and their deposition.

5.10. The consultant shall determine the social impact of the haffir construction through interviews particularly in respect with the way of providing water to livestock through controlled mechanism of the pumps and troughs from a fenced facility as opposed to the traditional way of watering livestock in open unrestricted, natural, communally owned pools.

5.11. The consultant shall also determine impacts related to the following:

· Waste disposal. Waste generated from the base camp and machinery (oil and grease) shall be assessed. Such wastes could lower surface water quality.

· Flora and Fauna. The impacts on flora and fauna within the proposed area shall be assessed. This assessment shall mainly be carried through interview with local people and through information obtained from wildlife and forestry authorities in the county/state where possible.

6. EIA report:

The consultant shall prepare a concise report and limited to significant environmental issues. The main text should focus on findings, conclusions and recommended actions, supported by summaries of the data collected and citations for any references used. The main body of the report excluding annexes shall not exceed thirty (30) pages.

6.1. The Proposed Generic structure of the EIA report

All documents will be properly referenced with index and page numbers.

Chapter 1. Introduction (This chapter will describe the purpose of the report, identification of the nature, size and location of the project (with latitude and longitude), introduction of the project proponents, description of site and surrounding environment, location maps, importance of the project to the community, county and state and scope of a EIA study as per the TOR)

Chapter 2. Project Description (This chapter will describe the type and need of the project, magnitude of operation, schedule for approval and implementation, land requirement, water requirement and flow scheme, layout of project and boundary, description and mitigation measures suggested to meet the environmental standards)

Chapter 3. Description of the Existing Environment (This chapter will describe the study area, period of the EIA study, EIA components and methodology, establishment of EIA baseline data for valued environmental components and base maps/description of relevant environmental components (meteorology, air quality, noise quality, water quality, land use, agriculture, soil quality, occupational pattern and socio-economic)

Chapter 4. Anticipated Environmental Impacts and Mitigation Measures (This chapter will describe the investigated impacts due to proposed project on surrounding location, credible accidents and minimization, project design and impact during construction and regular operation, measures suggested for minimization and/ or offsetting adverse impacts, irreversible and irretrievable commitments on environmental components, assessments of significant impacts [including criteria for determining significance and assigning significance]).

Chapter 5. Environmental Monitoring Programme (This chapter will include the various aspects of monitoring the effectiveness of mitigation measures suggested including measurement methodologies, frequency, location, data analysis, reporting schedules, emergency procedures).

Chapter 6. Additional Studies (This chapter will describe outcome of Public Hearing, Risk Assessment, Social Impact Assessment and Rehabilitation and Social action plan where possible).

Chapter 7. Project Benefits (This chapter will include improvement in physical infrastructure, improvement in social infrastructure, employment potential of skilled, semi-skilled and unskilled persons, other tangible benefits derived from the proposed project).

Chapter 8. Environmental Management and Monitoring Plans (This chapter will describe the administrative aspects of ensuring that mitigation measures are implemented and their effectiveness monitored after approval of the EIA).

Chapter 9. Summary and Conclusion (This chapter will describe the overall justification for the implementation of the project, and methods by which adverse effects of the proposed project have been mitigated).

Chapter 10. Disclosure of Consultant Engaged (The name of the consultant engaged with brief resume and nature of consultancy rendered will be provided in this chapter)

7. Scope of work and deliverables for the PLCA

7.1 The conflict assessment will be conducted concurrently with the EIA in December 2011 over a 21 day period.

7.2 As noted above, the site of the SRF supported water activities are in Tonj East, Warrap State. The specific locations of the water points are as follows:

· One Haffir (30,000 m3 capacity) and Two Boreholes in Ayok Boma, Makuac Payam, Tonj East, Warrap State

· One Haffir (30,000 m3 capacity) and Two Boreholes in Photkuo Boma, Paweng Payam, Tonj East, Warrap State

The conflict assessment will therefore focus on the intervention areas and its immediate surrounds. As haffirs typically serve a catchment area of 30km radius, the conflict assessment will need to cover the four (4) Bomas of Makuac Payam, and three (3) Bomas of Paweng.[1] The assessment should however ensure that adequate linkages are drawn with the conflict system and environment at the regional and national level.

7.3 A number of methods for assessing conflict exist, however Pact strongly encourages the use of a tested framework for analyzing and explaining conflict, such as those adopted by USAID and DFID. Common to these and desired in this assessment are the following potential areas of inquiry:

- What are the positive and negative impacts of the proposed intervention on overall conflict dynamics in Warrap?

- What are the positive and negative impacts of the proposed intervention on communities who will directly or indirectly benefit, in terms of their socio-economic well being and attitudes and behaviours (perceptions)?

- Identification and analysis of the structure and actors supporting/enabling violent conflict in Tonj East, Warrap. Have these dynamics changed in recent years? If so, how have they been altered?

- Identification and analysis of the key conflict Incentives and opportunities for violence that exist in Tonj East, Warrap?

- Who or what has access to conflict resources in Tonj East, Warrap?

- What are the national and regional conflict linkages?

- Identify what some of the possible future scenarios that may contribute to changing the conflict dynamics

What institutional and social capacity exists for managing violence?

7.4 In order to maximize the potential for the findings of the assessment to be incorporated into programming the composition of the research team should include:

· Consultant Conflict Assessment Researcher: responsible for the overall design of methodologies, implementation and coordination of the assessment at the field level.

· One (1) Pact resource person drawn from the WRAPP to support data collection, consolidation and analysis.

7.5 At least one (1) individual from Warrap State with intimate knowledge of conflict and peace dynamics in Tonj East. Pact will support the consultant to identify this individual.

7.6 Pre field work

7.6.1 The consultant will conduct a rapid scoping exercise, consult with Pact and partners and undertake a brief desk review to define final questions for the assessment.

8. Field Work

8.1 Data Collection- Desk Review: As indicated above, the consultant should undertake a desk review of existing secondary resources (and other grey literature) on conflict dynamics in Warrap State and in Tonj East. The desk review should allow documentation of broader dynamics and drivers that are in play at the local level.

8.2 Data Collection- Context sensitive stakeholder consultations: The consultant will utilize a variety of methods and tools to consult a wide range of stakeholders that are indirectly or directly impacted by, or engaged with, the proposed activities. The consultations should be participatory and conflict sensitive and seek to obtain a wide range of perceptions and analysis.

8.3 Feedback and validation: The consultant shall ensure that data is appropriately triangulated and validated and where possible doing so through stakeholder feedback meetings.

8.4 Analysis: The consultant will be expected to objectively analyze data and clearly present evidence back to Pact on the current situation and recommendation for action.

9. Final Report

9.1 A document of approximately 20-30 pages will be produced and will include the following:

I. Context Analysis

a. Brief background on the context

b. Drivers of conflict (including structural, actor, and incentives analysis)

c. Key dynamics

d. Impact of conflict (past, current, potential)

II. Policy and Programmatic Impact

a. Stakeholder perceptions of proposed intervention and impacts

III. Risks and Opportunities

a. Risks of implementing the proposed activities

b. Opportunities opened up by implementing proposed activities

IV. Conclusions and Recommendations

9.2 The consultant shall be expected to prepare a one page report on the assignment, processes, outcomes and lessons learned for improving future consultancies.

9.3 Key Resource Documents

· SRF WRAPP Expression of Interest and Proposal

· Tonj East SHAP County Profile

10. Proposed Budget

The proposed budget for the EIA and PLCA is $10,000

11. Candidate Expertise

The ideal candidate for this short term consultancy shall be able to work in and lead a team. The consultant will be responsible for co-coordinating the assessment, and ensuring that the analysis produced is objective and meets the scope of work outlined in this document. The consultant should possess the following qualifications, experience and qualities:

- A minimum of Bachelor of Science in Environmental management with sound knowledge in sociology

- In-depth knowledge of South Sudan including its applicable environmental laws

- At least 7 years of experience of designing and implementing EIA and conflict assessments in complex settings

- Experience in designing and using perceptions mapping and survey tools, participatory methods (e.g. PRA, PLA, Action Research)

- Experience in water related programming and peace-building work

12. Application process

Interested candidates are requested to provide a letter of Expression of Interest (EIO), and a 6-8 page proposal outlining intended methodology and proposed budget.

Application should be submitted by mail or in hardcopy to:

Human Resources Manager

Pact Sudan

Email: sudanhr@pactworld.org

Pact Office, Second Class, Hai Malakal



[1] Bomas in Makuac include: Ayok, Cuei-Alek, Makuac, Payii and Wuncuei; those in Paweng include Photkuo, Paweng and Wuncum

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