Strengthening Capacity of Country System for Environmental and Social Management Guinea-Bissau – P168627 (Diagnostic of Country’s Environmental and Social Management Capacity and its Strengthening Needs) 1st Stage: Diagnostic of Country’s Environmental and Social Management Capacity Content 1. Introduction ....................................................................................................................... 5 1.1. Objective ...................................................................................................................... 6 2. Methodology ...................................................................................................................... 7 3. Legal Framework .............................................................................................................. 9 4. Institutional Framework ................................................................................................ 14 4.1. Competent Environmental Assessment Authority - AAAC................................. 14 4.2. Institute for Biodiversity and Protected Areas - IBAP ......................................... 16 4.3. General Inspection of the Environment ................................................................. 17 4.4. Directorate General of different sectorial ministries/activities ............................ 18 4.5. Political instability...................................................................................................... 19 4.6. Lack of Financial Resources ................................................................................... 19 4.7. Decentralization ........................................................................................................ 21 4.8. Stakeholder engagement ........................................................................................ 22 4.9. Disclosure procedures ............................................................................................. 22 4.10. Land use planning ................................................................................................ 23 4.11. Resettlement and Compensations to affected people .................................... 23 4.12. Climate Change .................................................................................................... 24 4.13. Resettlement and Compensations to affected people .................................... 25 4.14. Equity and Gender based violence .................................................................... 25 4.15. Vulnerable groups ................................................................................................ 26 4.16. Grievance Redress Mechanism ......................................................................... 27 4.17. Private sector ........................................................................................................ 27 4.17.1. Environmental assessment consultancy sector ....................................... 28 4.18. Civil society and NGOs ........................................................................................ 29 4.19. Guinean Association for Environmental Assessment - AGAA ...................... 29 5. Gap-analysis .................................................................................................................... 31 5.1. Assessment and Management of Environmental and Social Risks and Impacts ................................................................................................................................... 31 5.2. Labor and Working Conditions ............................................................................... 32 5.3. Resource Efficiency and Pollution Prevention ..................................................... 32 5.4. Community Health and Safety ................................................................................ 33 5.5. Land Acquisition, Restrictions on Land Use and Involuntary Resettlement .... 34 5.6. Conservation of Biodiversity and Habitats ............................................................ 35 5.7. Cultural Heritage ....................................................................................................... 36 5.8. Stakeholder Engagement and Information Disclosure ....................................... 36 6. SWOT analysis ................................................................................................................ 38 7. Next steps......................................................................................................................... 40 Consolidated National Framework to aligne country system with International good pratices, aiming to provide knowledge, tools and resources to deal with country new challenges of sustainable development. ............................................................................... 40 8. References ....................................................................................................................... 41 Annex I – List of participants and consulted entities, March 2019 Annex II - List of participants and consulted entities, May 2019 Preliminary Remak This assignment does not intended to carry out the assessment of the state of the environment and its environmental constrains in Guinea-Bissau, but rather to analyze and evaluate the national framework of the environmental and social impact assessment procedures for projects1, their diagnosis and their strengthening needs. 1 Not only of projects, but also of plans, programs and strategies. 1. Introduction Guinea-Bissau is a country full of diversity of people, cultures, landscapes and natural resources. The country is facing an enormous political, economic, social and environmental challenge, due to different pressures: - (i) on the Political side, severe instability lasting for more than 40 years; the country is still waiting for new Government after recent elections, March 2019; this new elected Government brings hope and high expectation of times of political stability in the future and strong willingness to implement country national strategy “Guinea-Bissau 2025 Terra Ranka�; high levels of corruption at political and administration level; - (ii) Economical: despite rich in resources, Guinea-Bissau remains one of the poorest countries in the world, ranked 177th, out of 188 countries, on the 2018 United Nations Human Development Index (HDI); Economic recessions and a lack of adequate public financing for basic services has undermined the country’s ability to lift its population out of poverty; - (iii) Social: living standards and access to basic services are very poor, particularly outside the capital Bissau; recent increase of migration/influx of communities from neighbouring countries, sometimes with different cultures, are creating some instability in certain regions, increasing the pressure on basic services (including food security) and natural resources; - (iv) Environmental: a country rich in natural resources, such as forest, fisheries, minerals, biodiversity and recently discovered oil and gas, faces a tremendous challenge to manage these in a sustainable manner; while the country system lacks appropriate information on the status/level/stocks of these resources; the increase of neighbouring countries (and other countries such as China) exploiting their resources (forest, fisheries, minerals, etc.); an almost non-existing inspection/surveillance of natural resources exploitation; a weak national authority of environmental and social impact assessment procedures applying to economic activities and projects; as well as its vulnerability to climate change, being mostly flat the country is very prone to floods, and with sea level rising floods will increase frequency and intensity. The Government of Guinea-Bissau recognizes the need to ensure sound environmental and social safeguards policies in development projects and to enhance the reliance on the country systems in environmental and social management by supporting relevant institutions and mainstreaming key regulations and procedures. 1.1. Objective This advisory service will assist the Government of Guinea-Bissau to strengthen institutional capacity and human resources skills in environmental and social management policies towards present and future development challenges of the country. Importantly, it will also foster greater civil society and general public participation in monitoring compliance with the country environmental and social management systems. 2. Methodology In order to achieve this assignment, an integrated approach was undertaken, gathering and collecting data from different stakeholders, such as Government sources, donors, financial and development partners, private sector and civil society. The approach started with literature review and went afterwards through sets of meetings with representatives of different stakeholders. The literature review covered national laws and decrees, publications, reports on these matters, particularly PNUD 20152 or PRCM 20193; the meetings ranged from government institutions to NGOs, public sector companies, donors and financial/development partners, as well as private sector companies, also with emphasis to consultancy companies on environmental and social assessment studies. Government sources: - Secretary of State of the Environment - Directorate General of the Environment - Directorate General of Sustainable Development - Institute for Biodiversity and Protected Areas - Competent Environmental Assessment Authority - General Inspection of the Environment - Directorate General of Agriculture - Directorate General of Transport Infrastructure - Directorate General of Energy - Directorate General of Geology and Mines - Seaport Administration of Guinea-Bissau Public Sector: - Water and Electricity Company of Guinea-Bissau Private sector: - Eco Progresso - Eco-Social-Economy - GEAD - Petromar/Galp Donors, financial and development partners: 2 Airaud, F. 2015. Relatório sobre Avaliação da Governança Ambiental na Guiné-Bissau. PNUD. Pag. 26. 3 Silva, W. 2018. Estudo diagnóstico sobre a situação do quadro legal e regulamentar que rege o estabelecimento de infraestruturas e a gestão dos seus impactos nos ecossistemas costeiros e marinhos na república da Guiné-Bissau. PRCM. Pag. 43. - African Development Bank - European Union - IUCN - PNUD - World Bank Civil society: - National Movement of Civil Society (congregates more than 170 organizations of the civil society) - Tiniguena (NGO) - Lusófona University (only one teaching ESIA) - Guinean Association for Environmental Assessment As the national authority for environmental and social impact assessment was a key stakeholder, three meetings were held with Competent Environmental Assessment Authority (AAAC). A (potentially) important stakeholder to consider is the Guinean Association for Environmental Assessment (AGAA), a very small and young association that aims to aggregate companies, professionals and interested people on this professional sector, towards a more recognised role of the environmental and social impact assessment of projects, plans, programs and policies at national level. This stage of the assignment, the diagnostic of national framework, was subject of prior sharing and validation through a public session (30th of May 2019) where stakeholders were invited and encouraged to comment and propose amendments to different parts of this assignment. Annexes I and II list the consulted entities and their representatives. 3. Legal Framework Guinea-Bissau has a legal framework related to environmental and social impact assessment process of projects, plans, programs and policies that lie predominantly on the Environmental Law and on the Environmental Assessment Law; furthermore, also at sectorial legislation level, references are made to environmental assessment4. An overview of the main country Legal framework will be put forward at Table 1, covering interconnected subjects related to environmental and social impact assessment process. Table 1 – Main diplomas of Guinea-Bissau legal framework relating to environmental and social impact assessment. Subject Laws and Notes decrees Environmental Law nº 1/2011, Defines the fundamental principles of national Framework Law 2nd of March environmental protection policy. Among many contributions refers that projects, plans, programs, public or private, affecting the environmental or people do needed to respect the Environmental Assessment Law. Environmental Law nº 10/2010, Defines the fundamental principles and Assessment Law 24th of September methodologies of national environmental assessment process for projects, plans and programs. Projects subject to EA need positive environmental certificate before issuing any License and works start. Project categorization on A, B and C regime. This law leaves open for future diplomas to rule nd detail subjects such as Public Participation procedures, Environmental Audits, Revenue distribution from taxes and fines, likewise accreditation of companies to prepare ESIA reports and studies. Public Decree nº 5/2017, Defines the different procedures of Public Participation 28th of June Participation under the process of Environmental (and Social) Assessment law. Environmental Decree nº 6/2017, A fund created to promote the protection of Fund 28th of June national natural resources and the environment, dedicated to promote activities of sustainable natural resource management, environmental education, restoration of degraded habitats, support environmental inspection and the environmental assessment process, among others. Environmental Decree nº 7/2017, Definition of different stages of EA process and Social 28th of June such as Previous examination and project 4 Guinea-Bissau legal framework approach to the Environmental assessment process is broad, holistic and inclusive taking clearly into account social impact assessment, although designating only by “Environmental assessment�. Impact Study categorization, the Terms of Reference of the ESIA study, duties of Competent Environmental Assessment Authority (AAAC), sanctions, fines, among others. Environmental Decree nº 8/2017, Regulates the procedures of Environmental License 28th of June Licensing of projects, different stages of the process and different entity duties, sanctions, fines, among others. Environmental Decree nº 9/2017, Defines the procedures for Environmental Audit 28th of June Audits to projects, plans, programs and policies; the role of different entities, sanctions, fines, among others. Environmental Decree nº Defines the procedures for Environmental Inspection 10/2017, 28th of Inspection, sanctions, fines, among others. June Protected Areas Decree-law nº 5- Defines the protection of fauna, flora and Law A/2011, 1st of ecosystems inside protected areas, including March the procedures to take into account such as environmental assessment of projects and activities inside these areas. Forestry Law Decree-law nº Regulates forestry activities in the country; it 5/2011, 22nd of stipulates concessions or other forestry February activities that require an Environmental License. Water Code Decree-law nº 5- Framework for water resources management A/1992, 17th of in Guinea-Bissau. Stipulates the requirement September of an environmental impact study on waters when a project may affect water quality. Law of Mines and Law nº 3/2014, de Regulates the extraction activities of minerals Minerals 29 de Abril and mines. It stipulates that in order to be awarded with the mining title/permit an environmental impact assessment must be prepared to prevent, reduce, control and compensate for the project’s environmental and social impacts. Law of Petroleum Law nº 4/2014, Defines the regime of oil/hydrocarbons search 15th of April and exploitation. It stipulates that in order to be awarded with the search or exploitation title/permit an environmental impact assessment must be prepared to prevent, reduce, control and compensate for the project’s environmental and social impacts. Law of Land Law nº 5/1998, Defines the regime of access to land in 28th of April Guinea-Bissau. The land belongs to the State, it is State property, only through concession people and private sector may have access to land. Labor Law Decree nº 2/2012, Stipulates the requirement at work of health (health and 3rd of January and safety plans to ensure adequate working safety conditions and basic medical service, as well procedures) as minimum wage, among others. Gender based Law nº 14/2011, ; First law establishes de combat and violence Laws 6th of July Law nº repression to the practice of female genital 6/2014, 4th of mutilation; the second law relates to domestic February violence (all different forms) and, among other aspects, considers it a public crime. Gender Parity Law in 2018, 12th Stipulates a minimum quota for women in Quota Law of September decision making positions and at elections positions of 36%. Planning and Decree nº 17/95, Approves the Urban Plan of the City of Land Use 30th of October Bissau, its zoning and regulation for the next 20 years. Now outdated. From Table 1 it is clear that national legislation on environmental (and social) assessment, auditing, inspection and their procedures are mostly quite recent. Guinea-Bissau has also shown its political will and commitment towards sustainable development and to environmental protection, by creating the legal framework shown on Table 1, but also by signing and ratifying different international protocols and conventions on these particular matters, the following table summarises main ones. Table 2 – Main international protocols and conventions signed and/or ratified by Guinea-Bissau. Protocol or Convention Status United Nations Convention on the Elimination Ratified in of All Forms of Discrimination against Women 23/08/1985 Ramsar Convention on Wetlands Signed in 14/05/1990 International Convention on Trade of Signed in Endangered Species - CITES 16/05/1990 United Nations Framework Convention on Ratified in Climate Change 27/10/1995 Convention on Biological Diversity Ratified in 27/10/1995 Convention on Migratory Species - Signed in Bonn Convention 01/09/1995 Convention to Combat Desertification Ratified in 27/10/1995 Montreal Protocol on Substances that Ratified in Deplete the Ozone Layer 12/11/2002 The Basel Convention on the Control of Signed in Transboundary Movements of Hazardous 09/02/2005 Wastes and Their Disposal Kyoto Protocol on the reduction of Ratified in greenhouse gas emissions (under the 18/11/2005 Convention on Climate Change) Rotterdam Convention on Trade in Ratified in Hazardous Chemicals and Pesticides 12/06/2008 Protocol to the African Charter on Human and Ratified in 2008 Peoples' Rights on the Rights of Women in Africa Stockholm Convention on Persistent Organic Ratified in Pollutants (POPs) 06/08/2008 Cartagena Protocol on Biosafety (GMOs) on Signed in the Convention on Biological Diversity 19/05/2010 Convention for the Cooperation in the Ratified in Protection and Development of the Marine 02/03/2011 and Coastal Environment of the West and Central Africa Region - Abidjan Convention The Nagoya Protocol on Access to Genetic Ratified in Resources and the Fair Sharing of Benefits 24/09/2013 (under the Convention on Biological Diversity) In recent years the Government of Guinea-Bissau has shown political will and commitment by signing and ratifying international Conventions and Protocols towards Environmental protection and Nature conservation and also by designating as important assets on country’s development strategy important ecosystems (marine and terrestrial) creating legal protection for 26% of its territory, as Protected areas for nature conservation. The legal framework from Table 1 is not quite well known by all government institutions, either under Secretary of State of the Environment or at sectorial ministries or even at regional/local level, neither by the private sector and civil society. This lack of knowledge of the country's environmental laws and procedures creates constraints and violations of the law, with some regularity, in the execution and implementation of projects, but also in their monitoring and auditing. Particularly important is also the lack of knowledge of environmental laws and procedures by the Public Prosecution Service, judges and lawyers, setting up an even more fragile context for the application of environmental laws and environmental justice. It is also quite evident that in some sectorial legislation, the references to environmental (and social) assessment or to the requirements of the Environmental License is not clear neither referring to the exactly same procedures and requirements as the Environmental Assessment Law, leaving space for different interpretations of what to be done according to each piece of legislation, sometimes contradictions (and tensions). For instance, in some sectorial laws it is mentioned the requirement of an Environmental impact assessment study to be prepared, but it does not refer to the Environmental assessment process as a whole, with Public participation, with an ad hoc Commission appraising the study and a final decision. The sectors where these inconsistences happen are mostly Mines and minerals, Water resources and Hydrocarbons. Further detail on these issues shall be followed in a recent paper by Silva 20185 or also at Airaud 20156. 5 Silva, W. 2018. Estudo diagnóstico sobre a situação do quadro legal e regulamentar que rege o estabelecimento de infraestruturas e a gestão dos seus impactos nos ecossistemas costeiros e marinhos na república da Guiné-Bissau. PRCM. Pag. 43. 6 Airaud, F. 2015. Relatório sobre Avaliação da Governança Ambiental na Guiné-Bissau. PNUD. Pag. 26. The country legal system, the Environmental assessment law, only allows firms to submit Environmental and Social Impact Assessment studies/reports to AAAC; individual consultants are not allowed. Monetary penalties for environmental crimes and non-compliance with environmental protection legal framework are considered very low and usually companies pay the penalties and continue the illegal behaviour. Often, they do not even pay the penalty, as national justice system and courts performance is very weak, and keep on with the illegal behaviour. It should be noted that while there is the ratification of the various conventions and protocols, their objectives are not yet adequately transposed and integrated at national legislation level. 4. Institutional Framework In order to achieve a satisfactory performance on environmental governance, not only an appropriate legal framework is needed, but, as importantly, different institutions and authorities with responsibilities on country environmental policies, and at the environmental assessment process, must be well coordinated, capacitated and prepared to follow, to support and to inforce its implementation. The Secretary of State of the Environment is the public institution responsible for defining, coordinating and implementing public environmental policies and actions towards sustainable development, environmental protection and international environmental commitments. The Secretary of State of the Environment is the head of 5 other important institutions that work together in order to accomplish these objectives: • Directorate General of the Environment – DGA • Directorate General of Sustainable Development - DGDD • Competent Environmental Assessment Authority – AAAC • Institute for Biodiversity and Protected Areas – IBAP • General Inspection of the Environment Regarding the country’s capacity to undertake environmental and social assessment of projects, plans and programs this analysis must highlight the importance of (i) the Competent Environmental Assessment Authority (AAAC), (ii) the Institute for Biodiversity and Protected Areas (IBAP) and (iii) the General Inspection of the Environment, due to their important role on project licencing, on the environmental and social impact assessment process, on the management of country’s protected areas for nature conservation purposes and on the surveillance/control of environmental compliance of all actors of all sectors and activities. The Directorate General of the Environment (DGA) and Directorate General of Sustainable Development (DGDD) are responsible for designing and implementation of country’s environmental policies and international environmental commitments. 4.1. Competent Environmental Assessment Authority - AAAC The Competent Environmental Assessment Authority (AAAC) is a public institution created in 2004 under a different designation, still popular in the country (the Environmental Impact Assessment Cell, its acronym in Portuguese is CAIA), to undertake procedures in order to bring into account environmental and social considerations on project appraisal and licensing; and, some years later, to implement the Environmental Assessment Law (Law nº 10/2010, 24th of September); aiming not only to implement environmental assessment on proposed projects, but also at plans, programs and policies. In terms of human resources, at present, the staff of this institution is composed by: - 1 Director-general - 9 Technicians - 5 Administrative officers - 7 Interns The technical background of staff ranges from: - Agronomy and Agro-economy - Ecology - Economy - Environmental management - Geology - Legal specialist - Sociology - Telecommunications On the logistic and accountancy areas the background ranges from public administration, accountancy, as well as a maid and the driver. AAAC is housed in a rented house sited in a central area of Bissau. In terms of equipment, AAAC has limited informatics material, few computers and no intranet or server; limited access to internet due to its costs; one vehicle to transport staff and mail (there is no Post mail in the country and email is not totally widespread on formal communication among different institutions and authorities). AAAC budget does not benefit from Government financial resources; all costs of operation are covered by Environmental assessment taxes under the EA process and the Environmental Licensing process, as part of those taxes revert to AAAC, but also AAAC benefits from contributions under protocols with institutions such as BAD, WB, BOAD and EU, among others, to ensure minimal environmental and social assessment and monitoring performance on their projects; AAAC does also benefit from providing training services to other institutions, such as IBAP, SwissAid, MAVA Foundation, among others. This scenario, particularly due the absence of budget coming from the Government, clearly shows an under budgeted operation of AAAC where, among others: - Staff do not receive salaries, as they all wait for integration at Public administration for several years and therefore waiting to start receiving salaries; staff only receive subsidies and usually with many months in delay (sometimes 4-6 months delay); - Late payments of AAAC house rent; - No budget for guard, as consequence been robbed twice, several equipment stolen (Camera, GPS, etc.); - Vehicle condition is weak and documentation missing (subject to fines); - Lack of computers increases delays of work in progress; - Lack of conditions to go on field visits under each ongoing Environmental Assessment or Licensing process (car, boat, fuel, accommodation, meals, etc.); - No personal protection equipment (PPE) to go on the field to visit ongoing works; - No water quality kits, soil quality kits, noise kits and air quality kits to enable the assessment of pollution levels; there is no reference Laboratory in the country for water, soil, noise or air quality assessment; - To save on electricity bill, air conditioned is seldom used in the offices; - Regional representatives of AAAC at Regional Administration lack training and capacity, as well as means of transport for field work; - Public participation process in some cases do not have the required resources to be effective, particularly in remote areas; - Very limited capacity and resources to undergo Environmental monitoring or Environmental Audits after Environmental Certificate or Environmental Licensing being issued; Some staff is working for more than 10 years under these conditions. At regional administration level the AAAC focal points (so called AAAC Antenas) are not commonly specialized staff with environmental or social background, but rather regional administrative staff that was given training on Environmental and social impact assessment. At a statutory level, AAAC have not been yet seen its statutes approved by the national parliament, therefore it does not yet have the required administrative, financial and institutional autonomy. This regime generates a weak position and too exposed to political pressure7. 4.2. Institute for Biodiversity and Protected Areas - IBAP The Institute for Biodiversity and Protected Areas (IBAP) was also created in 2004 and manages all protected areas in Guinea-Bissau; it plays a very important role on the environment and social impact assessment process of 7 Sometimes even to military pressures. projects that affect protected areas (marine and terrestrial). Nowadays, 26% of the territory of Guinea-Bissau is classified under legal protection for nature conservation purposes. IBAP benefits from institutional and financial autonomy and has been able to collect the financial resources to build an experienced team and to provide them with more reasonable resources and working conditions, although sometimes IBAP performance on surveillance and control of ongoing activities and infrastructure in protected areas are left to its minimum, as protected areas have increased recently to 26% of the country. Due to its mission and to its institutional autonomy IBAP has been able to gather financial support from different international organizations, however as the territory under legal protection for nature conservation has increased significantly, their resources are also becoming tight and out of proportion to their duties and responsibilities, under the nature conservation policies that the country has recently assumed. 4.3. General Inspection of the Environment The General Inspection of the Environmental was created in 2011 and regulated in 2017. It has the important role of ensuring environmental compliance of sectorial activities within the environmental licensing process and its conditions of approvals. The General Inspection of the Environment benefits from institution and financial autonomy and has the power to stop ongoing works or activities. The staff is composed by 14 people, 2 of them are public servants, with salaries paid by the Government, the rest of them are interns who only receive subsidies (when they are available); there is no vehicle (the General Inspector uses his personal vehicle) and neither basic office materials (the General Inspector often uses his own resources from home). General Inspection of the Environmental has a very fragile operational budget, benefiting from some contributions from PNUD or minor contributions from the Government. Therefore, they are only able to operate at the city of Bissau; at the administrative regions they do not operate, because lack of resources (staff, office and logistics). The approach to non-compliances from different activities has been pedagogic rather than towards fine issuing, because there is a significant lack of knowledge in terms of environmental laws throughout the country; as mentioned above, unfamiliarity of environmental laws has a wide spectrum, covering civil society, the private sector, the prosecution service, judges and different ministerial directorates-general at both central and regional levels. However, this approach is shifting to a more penalty based one, towards fine issuing. 4.4. Directorate General of different sectorial ministries/activities Different Directorate Generals of particular sectors responsible by issuing permits, licenses and titles for different economical activities or natural resource searching and extraction, such as in agriculture (and forestry), fisheries, mineral extraction/mining, roads, ports, power plants, power lines, dams, etc., have their own sectorial legislation, which is not sometimes quite compatible or in perfect harmony with the Environmental assessment law, generating few contradictions and tensions between different sectorial Directorate Generals and AAAC, more obviously that is the case at water sector, mining sector and hydrocarbons search sector (as mentioned before, please see Silva 2018 or also at Airaud 2015 for further details). Also, the permits or licenses issued by each sectorial Directorate Generals is usually not very expensive and reasonably quick in time to be issued, on the other hand, the Environmental licensing process is significantly more expensive and takes much longer (EIA preparing, EIA appraisal by ad hoc Commission, public consultation, final decision). This situation creates a negative tension from sectorial Ministries and Directorate Generals against AAAC, as usually different Ministries and Directorate Generals do not have enough environmental awareness to understand the positive outcomes of the Environmental and social impact assessment process of projects, towards a model of economic growth that is also social and environmentally viable, minimizing impacts and conflicts to natural resources quality and availability for next generations. Lack of coherence among sectorial legislation and environmental legislation, as well as the lack of coordination among different ministries and their Directorate Generals has created a working platform that significantly weakens the open and symbiotic institutional relationship that the whole process of Environmental (and social) impact assessment of projects in this country’s development strategy do need for its present and future, towards Country’s Sustainable Development (economic growth, more public services, increased well-being, equity and shared benefits, sustainable exploitation of natural resources and ecological balance). A positive aspect to highlight is that some sectorial Directorate Generals, such as Geology and Mines, Energy, Transport infrastructure already have environmental specialists as focal point to deal and coordinate with AAAC the Environmental Assessment process requirements under the licensing process of each sector. This capacity improves the effectiveness of meeting environmental law requirements, not only before project starts, but also the environmental management measures to be undertaken by proponents during implementation phase. 4.5. Political instability Since its independence in 1974, the country has faced many coups d’état along with many additional coup attempts, the highest number in the world; a very high rotation of prime-ministers, governments, ministries, deputies, directorate generals, etc., often in charge not even for one year. This political instability does not provide the necessary conditions to rule the country in a way that policies are well design and implemented, natural resources are sustainably planned and supervised, basic public services are provided to people throughout the country. Corruption, particularly at political level, is strongly rotted and undermines the availability of public resources for the implementation of public policies and providing basic public services to the Bissau-Guineans. Therefore, in a country where most of the basic public services (education, health care, water supply, electricity, roads, etc.) do not reach a significant part of the population, the environmental concerns and the sustainable use of natural resources are still waiting to be part civil society’s main concerns. Although, in a fairer view, the people of Guinea-Bissau, due to its strong dependence on natural resources for their day-to-day life and subsistence, they are quite aware that projects that may impact on their land, forests and water resources may also affect their way of living, their well-being and believes; hence Bissau-Guineans are also concerned with country’s development projects that may negatively impact on their lives, their communities, their natural resources; specially NGOs are trying to take that responsibility to watch over towards a more responsible environmental governance. 4.6. Lack of Financial Resources The Government of Guinea-Bissau and its public administration face significant constraints in terms of financial resources available to support human resources and operational costs of running the central, regional and local administration. The number one priority for the available resources is to pay the salaries of public administration servants. There is a significant unbalance between resources available to institutions and their duties and responsibilities. Very often institutions depend exclusively on external financing provided by projects in order to have means to implement their sectorial policies, procedures and sectorial laws. Unfortunately, the financial resources gathered from projects are not enough to allow adequate design and implementation of sectorial policies, hence many priority actions and measures are not implemented or adequately implemented, particularly at environmental governance level8. The additional issues of having a public salary policy that is only able to pay very low salaries to public servants, the lack of resources to pay operational costs of institutions (rents, water, electricity, paper, computers, internet, desk materials, vehicles, etc.) and also the fact that many public workers were not yet integrated in public administration and therefore they do not receive salaries (only subsidies; a situation may last for more than 10 years for some workers, as it is the case in some AAAC workers) leave public workers at a very low level of motivation9; creating a strong need to seek for complementary income sources at the private sector, while still working at public administration. This scenario of limited of income motivates the qualified staff to move to the private sector, to NGOs, to development/financial partners or even abroad. On the national model of distribution or sharing public resources and responsibilities, the financial resources entering to public accounts from sectorial taxation do not usually revert to support public institutions that contribute for the sustainable management process of the exploitation of those resources, such as AAAC, General Inspection of the Environment, IBAP or Environmental Fund; rather they do revert very often and significantly to public treasure and to sectorial funds (as well as to administrative regions in the case of mining licences); sectorial funds are also meant to be responsible for implementing sectorial sustainable management measures, although other priorities are usually chosen for those resources. At community level, lack of financial resources and abundant poverty also reflect very low levels of education and literacy, hence posing difficult context at community level to care about the environment and the sustainable use of natural resources or to participate on decision making process, although they strongly depend on them. The main reason why the Secretary of State of the Environmental, its Directorate Generals of the Environment and of the Sustainable development, AAAC and the General Inspection of the Environment do not receive more financial resources from public treasure is because environmental protection and impact assessment is seen by ministries, deputies and other public administration servants (central, regional and local level) as an obstacle to development and economic growth. The levels of environmental education of these groups are very low, and they do not clearly understand the importance of having Environmental Policies on natural resource exploitation policies and their 8 Please see: National report on Human development in Guinea-Bissau (2006) and a PNUD report by Airaud (2015), page 77. 9 Besides mentioned constraints, workers of AAAC have showed very strong motivation levels; they are glad to play an important role on country’s sustainable development process and they do it with passion. Please also see: Airaud (2015), page 78. environmental and social impacts for present and future generations. It also explains the lack of coordination and the lack of coherence between sectorial policies and environmental policies. Lastly, but as importantly, the critical lack of financial resources in the country is also deeply related to rotted corruption behaviour at political and administrative level, diverting public financial resources for personal purposed and benefits, hence decreasing the availability of public financial resources to design, plan and implement national public policies. 4.7. Decentralization At regional level, the environmental governance in Guinea-Bissau is very weak, particularly because of the lack of qualified human resources at regional public institutions, as well as due to lack of means and logistics to undertake their job adequately. Therefore, environmental governance at reginal and local level hardly exists, which is a paradox, while decisions take place at the capital city of Bissau, the impacts of the sectorial activities take place in the regions, where very limited resources exist to follow-up, monitor and audit those project’s impacts and the implementation of approved management measures to minimize project’s effects on the environment and communities. As mentioned above, AAAC does not easily go on mission to the regions, due to lack of budget and operational means, the General Inspection of the Environment operates almost exclusively at the city of Bissau, also due to the same reasons. AAAC has given training to regional focal points (so called in Portuguese the Antenas) on environmental and social impact assessment, concepts and procedures, but the capacity is still very low (needs refreshments). Therefore, very often activities that occur at the regional level do not receive adequate environmental and social treatment, due to lack of acknowledgement of environmental laws (and procedures), lack of human resources and lack of logistics to operate adequate due diligence. A positive point that contributes to bring environmental awareness and governance at regional level is fact that, due to the existing Protected areas throughout the country, there are Directors of these Protected areas (IBAP staff) that are housed in the different country regions (countryside, islands – namely Cacheu, Buba, Cantanhez, João Vieira, Orango, Dulombi e Boé) and they bring with them the capacity to identify environmental and social impacts, to promote its follow-up and monitoring, at a certain scale, though limited. This capacity at regional level is also partially extended to the group of guards and rangers of these protected areas, who are responsible for nature and social protection and surveillance. 4.8. Stakeholder engagement The stakeholder engagement process on decision making in Guinea-Bissau can be found since long time ago, for instance at Community forests’ level . However, it is also deeply related, nowadays, to the Environmental licensing process where Public Participation is an important stage of Environmental and social impact assessment process that leads to the final decision for a particular project/activity. Also, Fishing reserves at Cacheu, Buba e Cacine rivers, as well as terrestrial and marine Protected areas benefit from community participation at different levels of decision making process. Under the Environmental Impact Assessment process, stakeholder engagement and Public participation was early included in the Environmental Assessment Law nº 10/2010, 24th of September, and detailed by the Public participation Decree nº 5/2017, 28th of June. Different kinds of constrains from AAAC (budget, logistics, etc.), as well as the fact that communities have usually low literacy levels and may speak only their dialects (translators needed), all together these constrains raise some issues that may harden adequate stakeholder process and public participation of projects to take place; although very good examples are also important to highlight, such as the use of community radios or door-to-door knocking to reach out local communities (where no TV, newspapers, electricity exists) and inform them about public consultation of projects. Civil society and NGOs claim that they should be better engaged in the process of the development projects that are under assessment and/or implementation; with documentation and procedures sharing, not only when the projects are being assessed but also during their monitoring after approval. At policy design level, there are sectors where in order to design their own policies and plans, other sectors of the public administration are consulted. 4.9. Disclosure procedures Disclosure procedures are defined at the Environmental Assessment Law nº 10/2010, 24th of September, stating that all documents of the process are available for consultation at AAAC and at regional and local administrative levels through sectorial focal points and the Antenas¸ among others. After the decision of AAAC and environmental certificate/license issuing all documents are still available for consultation at AAAC; proponents also ought to disclosure their Environmental licenses at Boletim Oficial and in local newspaper. 4.10. Land use planning Land use planning is a process that seldom exists in Guinea-Bissau, particularly at the level of zoning/mapping and classifying land use, creating as a consequence a scenario and a sense where almost no rules exists for land use and economical activities implementation. There is no national policy on land use and urban planning. What the country has is an urban plan of the city of Bissau, by the Decree nº 17/1995, 30th of October, which was to rule for 20 years, being currently out-of-date, since 2015; and also a macro-zoning inside protected areas exists, where total protection, partial protection, communities zones, etc. were defined. Under this lack of land use planning, economical activities sometimes argue they can be sited wherever they choose, regardless of environmental and social concerns, as legal land use plans ruling what activities can be done in each part of the territory hardly exists. Land use plans are rather important to organize different land uses expected in the country, such as urban areas, community areas, industrial areas, minerals and mining exploitation areas, forestry areas, agricultural areas, fishery areas, infrastructure (roads, ports, power stations, power lines, dams, etc.) and nature conservation areas. The inexistence of such land use plans amplifies potential conflicts between sectorial economical activities and the sustainable use of natural resources. In the absence of these lad use plans, the stage where the sustainable land use is assessed is at the environmental (and social) assessment process, imposing very high tension on the process itself, often with political pressure from sectorial ministries to let the project go ahead. 4.11. Resettlement and Compensations to affected people Project affected people, either physically in their infrastructures or only economically, do not have normative criteria for compensation in the country legal framework. Therefore, whenever a project affects individual’s assets or their income, mostly ad hoc approach is undertaken. It varies quite a lot whether the proposed project is financed from development/financial partner, with their Environmental and Social Safeguard Policies, or by private sector. In the first case, well established criteria and norms have to be followed to adequately compensate affected people. If a project is private financed, as there aren’ t norms or criteria well acknowledged in public administration, neither legal diplomas to rule it, often proponents usually avoid those process and their costs or expect the Government to undertake them. This scenario has imposed several social impacts on people affected by different types of projects, such as those in the minerals and mining exploitation sector, infrastructure or others. 4.12. Climate Change Guinea-Bissau has signed and ratified different Climate Change Conventions and Protocols under United Nations Framework (please see Table 2) and in that regard, at national policy level, a National Plan for Adaptation to Climate Change (PANA) was prepared. This strategic document defines an institutional framework for coordination of climate change adaptation actions, priority adaptation measures to be implemented to counter the impacts of climate change in the agricultural and environmental sectors; with the objective of integration Climate Change concerns and adaptation measures into public administration policies. Due the country’s characteristics, Guinea-Bissau is a very flat10, temperatures are rising, rainfall is decreasing and becoming more concentrated in certain months11, hence droughts and floods became more intense and frequent in recent years. Sea-level rising will impose higher pressure in this delicate system. Some awareness and environmental education made by, for example, NGOs or PNUD/GEF are contributing to connect the importance of environmental and social impact assessment of projects, plans, policies and programs with climate change mitigation and adaptation concerns. 4.12. Management of Wetlands and Coastal Areas Wetlands and coastal areas represent a very significant area of the country, having a high ecological richness and importance, provising diverse natural resources and ecosystem services to the population (food, flood protection, coastal erosion, and others). However, wetlands and coastal areas are under severe pressure and degradation due to the location of various infrastructure and development projects (and over exploitation of fisheries and mangroves), which have had significant impacts on such areas, including within protected areas. The diversity of government entities that have responsibilities in the management of wetlands and coastal zones is broad, for example IBAP, the 10 Almost one third of the country gets flooded on high tide rainy days. 11 Generating epidemic conditions for spreading of many diseases, such as malaria, cholera and hepatitis. Directorate General for Water Resources, the Port Maritime Institute, the Ministry of Fisheries and the Directorate General of Land Use, amongst others. This requires a clear articulation and definition of responsibilities between these public entities, which does not exist, aiming at a more careful and respectful management of the important natural resources and ecosystems services in the country and, in accordance with the commitments ratified by the State of Guinea-Bissau in several Conventions listed in Table 2. 4.13. Resettlement and Compensations to affected people The people affected by the project, whether physically in their infrastructures or only economically, do not have normative criteria to obtain compensation, in the current legal framework of the country. Thus, whenever a project affects the assets or income of an individual or legal person, an essentially ad hoc approach is adopted. It is, for example, variable depending on whether the proposed project is financed by the development / financial partner, with its own Environmental and Social Safeguard Policies, or proposed by the general private sector, with minor concerns in this regard. In the first case, well- established criteria and standards must be followed to adequately compensate those affected. In the second case, if a project is financed by the general private sector, since there are no well-recognized standards or criteria in the public administration applicable to all activities, nor legal instruments governing it, tenderers tend to avoid this process, their costs, or even expected the Government to do so as their task. It should be added, however, that there is an Office in the Directorate-General for Agriculture which has internal criteria for calculating compensation for goods, crops, etc., this office is called the Agrarian Planning Office - GAPLA. The Directorate-General for Construction and Urban Planning is responsible for the calculation of compensation payments for residential and urban areas. However, these standards and criteria are not of transversal and mandatory application to all projects and their affected persons. This scenario has generated several social impacts on people affected by different typologies of projects, such as those in the mineral exploration and mining sector, infrastructure or others. 4.14. Equity and Gender based violence Guinea-Bissau has adopted a set of laws and regulations that provide protection to women and highlighting the importance of gender equity (please see Table 1). The latest being the Gender Parity Quota Law, adopted in 2018 by the National Assembly, Law n.º 4/2018, 3rd of December, that will allow women to get a fairer representation at elective and at decision making positions, with a minimum of 36%. The country has early ratified the Convention on the Elimination of All Forms of Discrimination against Women, in 1985; and also prepared the National Policy on Equity and Gender Equality (PNIEG), with the aim of preventing and combating all forms of violence and trafficking against women and girls; also importantly the creation in 2010 of the Institute for Women and Children, as well as the existence of the Specialized Commission for Women and Children at National Parliament. However, Guinea-Bissau women still face many forms of gender discrimination, bias, and denial of human rights as the country emerges from years of government instability and institutional failure; violence against women has been widespread and socially accepted, as gender roles continue to be strongly influenced by cultural and religious beliefs. The most common form is domestic violence perpetrated by spouses and intimate partners. Women suffer from less access to education (school drop-off), to health care (maternal mortality) and assets/businesses12. Many civil society groups and NGOs exist in Guinea-Bissau campaigning and creating awareness to promote women roles and rights in society, funded by institutions as UNDP, UNFPA, UNICEF, UN Women, Plan International, SwissAid, the European Union and RENLUV (a network of organizations that promote awareness of this issue, with focal points in all regions of the country). 4.15. Vulnerable groups As far as other vulnerable groups are concerned, in 2016, Guinea-Bissau made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government approved a Code of Conduct against Sexual Exploitation in Tourism and the National Committee to Prevent and Combat Trafficking in Persons developed proposals to support the reintegration of repatriated children. In addition, the Education and Justice Ministries worked together and developed a pilot to introduce birth registration services in 45 primary schools. However, children in Guinea-Bissau are engaged in the worst forms of child labor, including in forced begging. The Government has not determined the types of hazardous work prohibited for children. In addition, law enforcement officials do not receive the appropriate training and resources to effectively conduct inspections and prosecute cases of child labor (Bureau of international Labor Affairs). The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, the judicial system, or other provision of state services. The government did not counter discrimination 12 In this issues, please see the World Bank's recent publication (2019) entitled "Training Manual on Gender-Based Violence in Guinea-Bissau", under the coordination of Paula Tavares. against persons with disabilities or provide access to buildings, information, and communications. The government made some efforts to assist military veterans with disabilities through pension programs, but these programs did not adequately address health care, housing, or food needs. Provisions existed to allow blind and illiterate voters to participate in the electoral process, but voters with intellectual disabilities could be restricted from voting. 4.16. Grievance Redress Mechanism In Guinea-Bissau, the judicial system has very low performance and citizens do not trust on their judicial system, mainly due to limited resources of public judicial system, but also to the limited resources (financially and capacity) of citizens to take a claim to court, therefore the real access to justice in order to solve their conflicts and grievances is quite limited. Plus, affected people are not usually aware of their rights and grievance redress mechanisms; in addition, sometimes the customary rights may be contradicted by public central justice and decisions, such as for exploitation licenses on forestry, among others. Nonetheless, there are good examples to be highlighted, where participatory management mechanisms allow affected people to address their grievances and seek for resolution, this is the case of protected areas, fishery reserves and community forests. Outside these areas, projects financed by development/financial partners usually consider Grievance redresses mechanisms as by their Social Safeguard policies; other projects may also benefit from traditional and customary rules, where traditional leaders may be approached by affected people and its resolution being dealt with according to different traditional norms; often, the traditional leader is directly benefitting from a certain project and do not address adequately affected people’s claims. 4.17. Private sector On the private sector, environmental and social impact assessment and environmental protection actions, measures or behaviours are rare; often the attitude is trying to neglect or ignore environmental laws and licenses, as a result of a common sense that Guinea-Bissau environmental legislation is weak, surveillance is weak, environmental licenses and procedures are costly, take extra time and business/development shall not stop or be slowed down to address those environmental and social procedures; usually with collusion of sectorial ministries and due to the fact that private companies being partially owned by political or military people. Also, frequently, particularly at regional administration level, there is still a significant lack of awareness on environmental and social legal requirements (or permissively) that allow private companies to move ahead. Therefore, works and economic activities usually start without having environmental certificates/licenses and generating environmental and social impacts, because they were not addressed before project works start. However, some international companies with internal environmental and social safeguard policies, although aware for country’s weaknesses on this matter, they make an effort to implement their policies and follow country’s environmental and social protection procedures. 4.17.1. Environmental assessment consultancy sector In Guinea-Bissau there are already a few national Environmental assessment consultancy companies, as well as some international ones. The latter, with more resources and portfolio, are able to win the bigger Environmental and social impact assessment studies, for the structural development projects at national level. Although, the international companies usually partner with national ones, reports are often presented in French (with Non-technical summary report in Portuguese). Plus, the international consultancy companies do not always follow adequately the national environmental legal framework, using their own methodology and approach. In terms of working conditions and technical capacity, local/national firms face enormous lack of resources struggling in order to have (i) adequate number of practitioners; (ii) experienced ones; (iii) adequate working conditions (offices, informatics materials, environmental equipment, etc.); and (iv) chance to attend to trainings, conferences, seminars and workshops, aiming to increase their knowledge and experience. Therefore, although basic and medium level of capacity and expertise exists at national Environmental assessment consultancy sector, there is also a strong need for improving Environmental assessment capacity at certain levels, so that local/national firms are able to get a bigger share of this market. Individual consultants are not allowed to present ESIA studies/reports at AAAC for appraisal under the Environmental Licensing process of projects, as the national Environmental assessment law only allows firms to do it. The accreditation process of firms in order to become illegible to prepare and present ESIA studies/reports to AAAC applies for national as for international firms. This process is currently under review and a high fee is going to be charged, which will decrease de number of national firms able to get this accreditation and consequently reducing national firms opportunity to increase a bigger share of this market; international firms, with more resources, may benefit under future scenario. Since 2014, the Guinean Association for Environmental Assessment (Portuguese acronym AGAA) was set to represent the professionals, firms and people interested in the Environmental Assessment matters in the country. This association has faced very low activity and performance, due to its significant lack of resources. 4.18. Civil society and NGOs Civil society and NGOs play a very important role on the environmental and social impact assessment process of projects, plans, programs and policies. They are an important source of feedback on how the whole process (its mission and objectives) is performing. If the process does not perform well civil society will bear the impacts (present generation and future ones), on the other hand, if the process does perform well civil society (present generation and future ones) will benefit the sustainable use of country’s natural resources. However, for civil society to undertake adequately their role in the process, by participation and stakeholder engagement, by being able to follow-up projects and their impacts, to flag for unpredicted impacts, they need to have the capacity and resources to do so. And, although, there are many civil society organizations in the country, throughout the country, in the majority of them there is lack of environmental awareness and education in order to become more demanding in this regard. There is also a sense that even when certain negative environmental and social situations are taken to court, justice is on the proponent side and cases do not reach a final decision, no fines or penalties; which also generate a sense of “not worth to fight for� and that certain people or business are above the law, bringing down, significantly, the credibility of justice and environmental impact assessment process in the country. Civil society claim that public administration decision making process, at policy level, should engage with civil society organization at a higher extent and earlier in the process. At project level, argue that often public participation do not perform well because of project information do not reach out communities in an appropriate way. 4.19. Guinean Association for Environmental Assessment - AGAA The (Bissau-)Guinean Association for Environmental Assessment was created in 2014 and its mission and objective is to represent the professionals, firms and people interested in the Environmental Assessment matters in the country. Composed by 25 members (4 firms and 21 individuals), its budget for the year 2018 was 0 (zero) francs cfa. Its performance has been very limited due to its extreme lack of resources and availability of its members, but has already been able to set debate meetings to discuss the sector and the future of the association. This association could play a very important role promoting the importance of Environmental (and social) assessment process in the country, among public sector, private sector, civil society, organizing trainings and capacity building at different levels, stimulating and connecting with faculties/universities, financial/development partners and contributing to raise Environmental awareness not only at political and institutional level, but also at sectorial and civil societal level. Coordinating the (i) national accreditation system for EA; (ii) preparation of Methodological Environmental Assessment Guides for different types of projects; (iii) for trainings and capacity building of practitioners (public and private sector), politicians and civil society; and (iv) organizing regular conferences and workshops to stimulate change of experiences. 5. Gap-analysis In this chapter, the gap-analysis will be made between Bissau-Guinean Environmental and Social Framework and international good practices on environmental and social protection, by taking as reference and criteria international standards, for instance, those from World Bank Environmental and Social Framework. 5.1. Assessment and Management of Environmental and Social Risks and Impacts This standard assesses the country system legal framework and institutional capacity to perform adequate environmental and social safeguard procedures, namely preparing the appropriate environmental and social impact assessment studies/reports (proportional to the project environmental and social risks), implementation of mitigation measures and monitoring project’s impacts throughout the project cycle (also applicable to plans, programs and policies). The legal framework of Guinea-Bissau defines different instruments and procedures to be applied to different situations, according to different situations and project cycle (such as Environmental and social impact assessment, Risk assessment, Resettlement plan, Environmental monitoring, Environmental audit, etc.), as well as to plans, programs and policies (Environmental and social Strategic Assessment). However, in terms of country legal framework there are also inconsistencies between the sectorial regulatory framework and the Environmental assessment law, creating difficulties implementing the latter, particularly under sector such as water resources, mining and hydrocarbons13. In terms of institutional capacity to perform sound environmental and social safeguard procedures according to country’s legal framework, in Guinea -Bissau there is a significant weakness from national environmental authorities to be able to implement national procedures adequately. The main reasons are (i) the lack of capacity (experienced human resources); (ii) critical lack of financial resources to operate the processes; and (iii) lack of independence and institutional autonomy of the national authority for Environmental assessment (AAAC)14. Projects usually start before having gone through EA process, monitoring and auditing project’s impacts during construction and operation phase is very rare and the Environmental inspection authority hardly exists. 13 For further detail please see Silva 2018 and Airaud 2015. 14 Please revisit chapters 4.1, 4.3 and 4.6. Under this standard there is a significant gap between country system and international good practices on environmental and social protection. 5.2. Labor and Working Conditions This standard focus on the importance ensuring employed workers are treated fairly and provided with safe and healthy working conditions; paying particular attention to Non-discrimination, equal opportunities, child labor, minimum/fair wage, grievance mechanisms and occupational health and safe procedures in place. At the legal framework level, the Labor law stipulates the requirement at works of health and safety plans to ensure adequate working conditions15 and basic medical service, as well as minimum wage, among others; this law is still too broad and requires further regulation. Another important issue, as mentioned in chapter 4.14, children in Guinea-Bissau can still be found engaged in the worst forms of child labor. The Government does not have clear legislation against any type of non-discrimination and grievance mechanisms. At the institutional level, the capacity to perform monitoring and auditing of labor working conditions (also applying to suppliers) is very weak, mainly due to critical absence of human and financial resources on public competent authorities. The existing law enforcement officials do not receive the appropriate training and resources to effectively conduct inspections and prosecute cases of non-compliance. Under this standard there is a significant gap between country system and international good practices. 5.3. Resource Efficiency and Pollution Prevention This standard recognizes that economic activity often generate pollution to air, water, and land, and consume finite resources that may threaten people, ecosystem services and the environment at the local, regional, and global levels. This standard assesses country’s procedures and requirements to address these issues. At the legal framework level, Guinea-Bissau has signed and ratified different Protocols and Conventions on Pollution Prevention16, there is also the National Environmental Management Plan with some guidance and regulation on these 15 Also considered at the Environmental Assessment Law nº 10/2010, 24th of September, in its art.18º, number 1º, j) alinea. 16 Please see Table 2. matters. However, in Guinea-Bissau there is no legal framework that adequately and effectively implements of the objectives of the various conventions and protocols ratified; and does not yet have also national norms, procedures and criteria to assess water quality, soil quality, noise and air pollution; for these purposes, for example, World Health Organization Guidelines shall be used, among others17. On the institutional side, the country has a critical lack human resources, capacity and infrastructure to monitor and audit pollution control; there is one a water quality analysis laboratory (the National Health Laboratory), and this capacity may also exist in one or another private sector company or university, which also does so for its own benefit or purpose; at the level of soil quality and sediments, the Directorate General of Rural Engineering has an analysis laboratory, but the frequent lack of reagents makes it impossible to carry them out whenever needed. In relation to air quality and noise, the national authorities do not have measuring and processing equipment for their data. This scenario causes strong constraints and weaknesses of action to the competent authorities. Also, at the institutional level, regarding to the commitments and objectives of the international protocols and conventions ratified in this matter, there is clearly insufficient interaction between Ministries towards the proper implementation of these commitments. plus, it does not have a reference Laboratory to enable competent authorities to measure and assess water, soil, sediments and air quality. Under this standard there is a significant gap between country system and international good practices. 5.4. Community Health and Safety This standard is focused on assessing community exposure to health and safety risks from project components and workforce, such as diverse health and safety issues at community level, gender-based violence, sexual exploitation and abuse, communicable diseases, as well as the loss of ecosystem services provided by nature to communities. The country legal framework does not take into account all these main aspects of the standard in adequate depth, although the health and safety issues at community level, gender-based violence issues and the importance of ecosystem services to communities are partially covered under existing legislation or plans, because existing laws may still be too superficial and limited, requiring further detailing. 17 Also consider the World Bank Group Guidelines on Environmental, Health and Safety. Regarding the institutional capacity in the country to perform well under this standard, Guinea-Bissau does not succeed in any of the expressed aspects above: health and safety at community level, gender-based violence issues and the maintenance ecosystem services to communities; as in all of them the country critical lack of resources (human, capacity and financial) at public administration level undermines acceptable positive results; although IBAP may be able to do a reasonable work on ecosystem services supervision in Protected areas and NGOs may locally do very interesting work on addressing Gender-based violence, Health and safety issues in some communities. Under this standard there is a significant gap between country system and international good practices. 5.5. Land Acquisition, Restrictions on Land Use and Involuntary Resettlement This standard focus on certain types of impacts on people and communities, such as project land acquisition, restrictions to land use and involuntary resettlement; paying particular attention to eligible for compensations measures, community engagement in the process and the existence of grievance redress mechanisms. The country legal framework has a significant gap on Involuntary resettlement (physical and economical) laws and regulations, as well as on public norms and criteria to define compensations to affected people and their assets. On community engagement legal framework already provides reasonable background, particularly on the Environmental assessment process, Protected areas and Fishery reserves, where main stakeholder participate on management and decision making process, while being able to address their grievances in those participatory stages of the process. In terms of institutional capacity of country system to perform well under this standard, although on the community engagement process there are good examples to highlight, it does not mean they are working well, according to the country lack of resources. Regarding procedures such as Involuntary resettlement and compensations to affected people, the institutional strength to implement these procedures are quite random and avoided by public and private sector entities due to its costs and lack legal support. In respect to grievance redress mechanisms it is worth to mention the traditional and customary (informal) procedures where traditional leaders tend to address the grievances according to their cultural believes18, therefore there is no culture or formal institutional framework for grievance redress mechanism. 18 Please see also chapter 4.15. Under this standard there is a significant gap between country system and international good practices. 5.6. Conservation of Biodiversity and Habitats This standard recognizes that protecting and conserving biodiversity (and its sustainable management of living natural resources) are fundamental to sustainable development and it recognizes the importance of maintaining core ecological functions of habitats, including forests, and the biodiversity they support, in order to ensure enough natural resources and ecosystem services for present and future generations. National legal framework has increasingly recognized the importance of country’s biodiversity assets for its sustainable development strategy, , not only through the ratification of several international conventions and protocols in this area, but also by legally protecting 26% of the territory for nature conservation purposes, as protected areas; outside these territories/protected areas, IBAP and D.G. Fauna and Forests share responsibility for the preservation of protected fauna and flora, as well as whenever any project is subject to an EIA, under the EIA procedures or Environmental Licensing. Particularly in regard to the protection of natural resources and biodiversity in the coastal areas, there is a lack of legal tools and procedures for their integrated management, and special legal regimes should be created to regulate their occupation, land use and transformation, with a view to minimizing their impacts on the environment and biodiversity (Silva 2018, page 47).. On the institutional capacity side, IBAP ensures minimum performance of nature conservation in Protected areas (terrestrial and maritime). Outside Protected areas biodiversity conservation (and supervision), although it is D.G. of Fauna and Forest duty, it barely exists, due to the insufficient capacity of D.G. Fauna and Forest and also the IBAP to exercise vigilance in these territories; only under the Environmental and social impact assessment process it is meant to be taken into account, hence biodiversity degradation is increasing significantly in these areas (outside protected areas), mainly due to population boom (cutting forests and mangroves, as well as over-fishing and hunting). At the institutional level, within the scope of the commitments and objectives of the international protocols and conventions ratified under these matter, it would be very beneficial to increase the interaction among Ministries towards a proper implementation of these same commitments. Under this standard there is a significant gap between country system and international good practices, particularly outside Protected areas. 5.7. Cultural Heritage This standard recognizes that cultural heritage provides continuity in tangible and intangible forms between the past, present and future; it sets out measures designed to protect cultural heritage throughout the project life-cycle. The country legal framework does only consider one norm to safeguard sacred natural sites, all other cultural and archaeological heritage does not yet have any legal norm for its safeguard and protection (there is indeed one waiting for approval by the Government). However, under the EIA process, projects subject to ESIA are requested a baseline study that considers cultural and archaeological survey of the area, as well as the consideration of management measures in case of presence or potential presence of these values. On the institutional capacity side, institutions are not prepared to adequately handle this dimension of values and impacts. Under this standard there is a significant gap between country system and international good practices, particularly at legal framework level, but also institutionally. 5.8. Stakeholder Engagement and Information Disclosure This standard recognizes the importance of open and transparent engagement between project stakeholders as an essential element of good international practice. Effective stakeholder engagement can improve the environmental and social sustainability of projects, enhance project acceptance, and make a significant contribution to successful project design and implementation. The stakeholder engagement processes are well established in the country legal framework since long time ago, for instance in Community forests decision making process, Fishing reserves and Protected areas, as well as, nowadays, under each project eligible to the Environmental (and social) impact assessment process, where the Public participation law applies19. As per information disclosure procedures, for projects subject to Environmental (and social) impact assessment process, these procedures are well defined20. In terms of institutional capacity to perform sound stakeholder engagement and information disclosure procedures, different reasons contribute to miss implementation of this procedures: AAAC constraints, low literacy of affected people and communication issues due to local dialects; on the other hand, many good examples could be highlighted in this regard. Although, stakeholder engagement and disclosure procedures are compulsory for projects subject to 19 Please see details on chapter 4.8. 20 Please see details on chapter 4.9. EIA processes, for certain projects and plans across public sector decision making, these procedures should be strengthened at higher levels, as certain sectorial and, particularly, at the development of plans, programs and public policies level, the involvement of the different local key actors or stakeholders does not yet reach the desired performance. Civil society and NGOs still claim that they should be better engaged in the decision making process. Under this standard there is a significant gap between country system and international good practices, particularly at the institutional framework level. Table 3 – Summary of the Gap-analysis between country systems and international good practices Env. & Soc. Legal Framework Institutional Standard Gap Framework Gap Env. & Soc. Yes Yes Assessment Labor & Yes Yes Working Conditions Pollution Yes Yes Prevention Community Yes Yes health & safety Involuntary Yes Yes resettlement Conservation Yes Yes of Biodiversity Cultural Yes Yes heritage Stakeholder No Yes engagement & Disclosure 6. SWOT analysis In this chapter a SWOT (Strength, Weakness, Opportunities and Threats) analysis will be made taking into account the diagnostic done above and what are the political and economic expectations in Guinea-Bissau in the near future. S - Strength • Legal framework that covers the main procedures and processes towards sustainable development of country natural resources. • Main International Protocols and Conventions on Environment and Sustainable development were signed and ratified by Guinea-Bissau. • National awareness and commitment with country’s high level of Biodiversity, designating 26% of the territory for nature conservation, as marine and terrestrial Protected areas. • Passion and strong motivation of Staff that work in institutions such as the Competent Environmental Assessment Authority. • Capacitated NGOs that aim to provide good contributions to country’s Sustainable development and to Environmental and social protection in the country. W - Weakness • Critical lack of financial resources of the two main institutions promoting and controlling Environmental and social impact assessment in the country: Competent Environmental Assessment Authority and General Inspection of the Environment. • Significant lack of capacity at different institutional levels, inside public administration, in matters such as national Environmental legislation, particularly the Environmental assessment law. • Competent Environmental Assessment Authority does not yet benefit from financial, administrative and institutional autonomy, being sometimes vulnerable to political pressures. • Regional administration does not have resources (human, capacity and logistics) to perform minimum Environmental procedures, measures or actions. • National legal framework does not harmonized environmental assessment procedures considered in the Environmental Assessment Law with the environmental procedures considered in different sectorial legislation, particularly in sectors such as Water resources, Mining and Hydrocarbons. • EA starts commonly after project works have already started. Monitoring of any ESMP barely exists. • There is very little Land use Planning in the country, only in Protected areas. • Social impacts are not well taken into account (e.g. Stakeholder engagement, Gender issues, GRM, Compensations). • There is no national reference Laboratory to measure and assess soil, sediments and air quality or noise. • Environmental assessment process takes long time and has high fees/taxes. • Penalties and fines for Environmental crimes are considered very low. • Critically weak judicial system where impunity is generalized perception in the country. • National environmental impact assessment consultancy sector is weak. • High poverty levels and very weak literacy levels in the country does not allow Environmental protection and Sustainable development to become a priority in citizens’ lives. O - Opportunities • Political stability foreseen in near future will promote better conditions for economic development and desirably more public revenue, hence, ultimately, better public institutions. • Donors, development/financial partner may be willing to invest more in the country if higher levels of political stability are achieved. • Political stability foreseen in near future may allow higher levels of investment in public institutions, such as AAAC, and consequently the opportunity to lower its fees/taxes under the EA process. • The existing (Bissau-)Guinean Association for Environmental Assessment could play an important role on promoting the importance of Environmental (and social) assessment process in the country. T - Threats • Better economic conditions due to foreseen political stability will impose extra pressure on the Environmental assessment public administration sector, particularly AAAC and General Inspection of the Environment, both weak in performance. • More economic development will bring better job opportunities and AAAC staff might find better job conditions elsewhere, reducing AAAC’s technical capacity. 7. Next steps Consolidated National Framework to aligne country system with International good pratices, aiming to provide knowledge, tools and resources to deal with country new challenges of sustainable development. 8. References Airaud, F. 2015. Relatório sobre Avaliação da Governança Ambiental na Guiné- Bissau. PNUD. Banco Mundial. 2019. Manual de Formação sobre Violência Baseada no Género na Guiné-Bissau. Washington, DC. The World Bank. Programa das Nações Unidas para o Desenvolvimento – PNUD. 2006. Relatório nacional sobre o desenvolvimento humano na Guiné-Bissau 2006, PNUD Guiné-Bissau. República da Guiné-Bissau. 2011. Lei de Bases Do Ambiente. Lei nº 1/2011 de 2 de março. Boletim Oficial nº 9, 2º Suplemento. República da Guiné-Bissau. 2010. Lei da Avaliação Ambiental. Lei nº 10/2010, de 24 de setembro. Boletim Oficial nº 38, 4º Suplemento. República da Guiné-Bissau. 2017. Regulamento da Participação Pública no procedimento da AIA. Decreto nº 5/2017, de 28 de junho. Boletim Oficial nº 26, Suplemento. República da Guiné-Bissau. 2017. Regulamento do Fundo Ambiental. Decreto nº 6/2017, de 28 de junho. Boletim Oficial nº 26, Suplemento. República da Guiné-Bissau. 2017. Regulamento do estudo de impacto ambiental. Decreto nº 7/2017, de 28 de junho. Boletim Oficial nº 26, Suplemento. República da Guiné-Bissau. 2017. Regulamento do licenciamento ambiental. Decreto nº 8/2017, de 28 de junho. Boletim Oficial nº 26, Suplemento. República da Guiné-Bissau. 2017. Regulamento de Auditoria Ambiental. Decreto nº 9/2017, de 28 de junho. Boletim Oficial nº 26, Suplemento. República da Guiné-Bissau. 2017. Regulamento de Inspeção Ambiental. Decreto nº 10/2017, de 28 de junho. Boletim Oficial nº 26, Suplemento. República da Guiné-Bissau. 2011. Lei-quadro das �reas Protegidas. Lei nº 5- A/2011, de 1 de março. Boletim Oficial nº 9, Suplemento. República da Guiné-Bissau. 2011. Lei Florestal. Lei nº 5/2011, de 22 de fevereiro. Boletim Oficial nº 8, Suplemento. República da Guiné-Bissau. 1992. Código das águas. Decreto-Lei nº 5-A/92, de 17 de setembro. Boletim Oficial nº 37, Suplemento. República da Guiné-Bissau. 2014. Código de Minas e Minerais. Lei nº 3/2014, de 29 de abril. Boletim Oficial nº 17, Suplemento. República da Guiné-Bissau. 2014. Lei do Petróleo. Lei nº 4/2014, de 15 de abril. Boletim Oficial nº 15, Suplemento. República da Guiné-Bissau. 1998. Lei da Terra. Lei nº 5/98 de 28 de abril. Boletim Oficial nº 17, Suplemento. República da Guiné-Bissau. 2012. Lei do Trabalho (Saúde e Normas de Segurança). Decreto nº 2/2012, 3 de janeiro. Boletim Oficial, Suplemento. República da Guiné-Bissau. 2018. Lei da Paridade de Género. Lei aprovada a 12 de setembro de 2018. Boletim Oficial, Suplemento. República da Guiné-Bissau. 1995. Planeamento e Uso do solo. Decreto-Lei nº 17/95, de 30 de outubro. Boletim Oficial, Suplemento. Silva, W. 2018. Estudo diagnóstico sobre a situação do quadro legal e regulamentar que rege o estabelecimento de infraestruturas e a gestão dos seus impactos nos ecossistemas costeiros e marinhos na república da Guiné- Bissau. PRCM. Annex I List of Participants and Consulted Entities March 2019 Contact Name Entity Phone number Email Abílio Rachid Said IBAP 955803851 arsaid.ibap@gmail.com Adolfo Gomes MNSC 955561216 adolfoeugeniagomes2017@gmail.com Agostinho AAAC Aissa Regalla de Barros IBAP 955897923 aissa.regallab@hotmail.fr Alberto da Silva PASEB/PDSDE 966959720 dasilvambep@hotmail.com Alexandra Cabral Eco Progresso SARI 955336437 tutucabral1963@gmail.com Alhamo A. Sambee DGGM/DSMP 955353254 nsramosambe60@gmail.com Aly Camsé AAAC Anhes Canfari AAAC Armando João da Silva VP Movimento 955861497 armandojoaodasilva55@gmail.com Assoinote Djou AAAC Bernardo Moucabo PDCV-Riz 955371242 bernardomoucabo@gmail.com Braima AAAC Braima Mané DAQCA 955306972 braima_mane@yahoo.fr Carlos Adriano Conduto PASEB/PDSDE 955390856 carlos.conduto02@gmail.com Carlos Amarante D.G. de Agricultura 955114346 cmtamarante90@yahoo.fr Carlos Andrade EAEGB 955424343 carlosandrade98@gmail.com Carlos Baron Janté PARGEF 955804188 carlosbaronjante@gmail.com Carlos Pedro Gomes AAAC 245-3201368/3201348 Dauda Sau UNDP dauda.sau@undp.org +245 966628708 Domingos Tafue INSPGA 956164681 doia@gmail.com Eduardo P. Cabral AAAC Emília António Costa PARGEF/RAF 955316300 lolocosta2704@hotmail.com Felix B. Non Dungue APGB/DG 966903233 nondunguef@gmail.com Filipão Manuel Mourtaira AAAC Fodé Cassamá AAAC Ministério do Ambiente e 955804392 Guilherme da Costa dacostaguilherme020@gmail.com Desenvolvimento 966623864 Sustentável Henrique H. dos Santos EAEGB 955804352 hhdossantos1959@gmail.com Issa Baldé AAAC Ivo Luís António Mango AAAC Jean-Louis Sanka UICN 955762068 jeanlouis.sanka@iucn.org 955803854/96667660 João Sousa Cordeiro IBAP joaocordeiro.ibap@gmail.com 0 Jorge AAAC Petromar/ Ad. Jorge Almeida 955125948 jorge.almeida@galpbissau.com Executivo Jorge Fuclides Gonçalves AAAC José Carlos da Silva AAAC Júlio Cassamá PDCV-Riz 955208208 sancungabikar1@gmail.com Julio Tavares Ié AAAC Kanil Lopes PNUD 955833158 kanil.lopes@undp.org Leonildo Cardoso IBAP 955361390 leonildocardoso@hotmail.com Liberto Ferreira Petromar SSA 966720982 liberto.ferreira@galpbissau.com Secretaria de Estado Lourenço Vaz do Ambiente Lucia N’bundé Braz AAAC Maria Augusto Almês AAAC Maria Pereira Tecanha V-ZIQ-Movimento 955927497 mptecanha@yahoo.com.nz Mário Biague D.G. AAAC 955935078 mbiague@hotmail.com Mariniano D. Embaló DGGM/DSG 955357086 nowduartembalo@gmail.com Dir. D.G. Matilde Lopes Desenvolvimento 955318940 conceicaogomeslopes@gmail.com Durável Moizés Alberto Sanca DSJPP AAAC 955814290 moizessanca@gmail.com Nelvina Barreto BAD n.barreto@afdb.org Nuno Vilela Banco Mundial nbrilhavilela@worldbank.org Octavio Cabral GEADD +245 955288676 Octaviocabral88@gmail.com D.G. Infraestruturas Osvaldo Abreu Osvaldom.abreu@gmail.com de Transporte Oumar Dialho PNUD 955555646 oumar.dialho@undp.org Patrick Daniel- EEAS – EU 966104287 patrick.daniel@eeas.europa.eu Ramananarivo Quintino AAAC Secretaria de Estado 955537751 Quite Djata mansamadja@yahoo.fr do Ambiente 966079902 Rui Sá ULG 966752572 ruimoutinhosa@gmail.com Samuel Emmanuel AAAC Pontes Sikes Gomes Eco Progresso SARI 956163706 gomes.sikes@outlook.fr Umaro Baldé Dir. DGGM Ministério do Ambiente e cassamavilus@gmail.com Viriato Luís Cassmá 955784046 Desenvolvimento viriatocassama1970@gmail.com Sustentável Yanick Soares DSJPAMA AAAC 955389689 yanicksoares@hotmail.com Annex I List of Participants and Consulted Entities May 2019 Name Entity Contact Phone number E-mail Florentino Mango GESA 955536849 unurianmango@gmail.com Armindo Ferreira INASA/INSP 955213142 Armindoferreira2611@gmail .com Bunene Sisse IMP/INSPETOR 955512948 Bunene75@yahoo.com.br Ivo Luís António AAAC – Estagiário 955804347 Ivo07ilam@gmail.com Mango Jorge Euclides AAAC – Estagiário 955119606 goncalvesjorgeeuclides@gm Goncalves ail.com Valdir da Silva ECOTURISMO ( Director 956421679 dsilvacth@gmail.com de Serviço) ntumbanha@gmail.com Feliciana INM – GB (Diretora de 955518993 mendoncafeliciana@yahoo.c Mendonça Serviço) om Issa Baldé AAAC – Estagiário 955218506 Issabalde196@gmail.com Mário Marques Pesca Artesanal 955125253 Mariomarquesvieira2012@h Vieira otmail.com José Carlos da Silva AAAC – Estagiário 955489348 josecaindi@gmail.com Indi Laurentino da CRPQ (DGA) 955804393 laurentinofino@gmail.com Cunha Joao Intchama CMB (Resp. Saneamento) 955347984 Joaointchama2@gmail.com Filomeno D. Neto Eco-Social Economy 955532371 Filosuza1982@gmail.com Joao Gomes DG Pecuária 966923089 joaogomes@hahoo.fr Erikson Mendonça TINIGUENA 966124681 Erimendo1@hotmail.com Domingos Mendes AACG 966388785 Domingos357lopes@yahoo.c Lopes om.br António Tubento DGAPPesca 955892466 tubentoad@yahoo.com.br Suleimane Dabo DGPI 955909374 Sulaidabo2015@hotmail.co m Issis Ferreira D Serviço de Saúde 966606908 ijupiferg@hotmail.com Ambiental e higiene Wiliam Bedore da DGGC 955370845 Wilbesjo28@gmail.com Silva Jó Dionisio H. Medina DGVTT 955967651 Nisio89@hotmail.com Ié Aly Condé AAAC 955161142 aliuconde@gmail.com Anhes Canfani AAAC 955409138 Canfani9188@gmail.com Filipe Manuel AAAC 955177124 filipemanuelmonteiro@gmai Monteiro l.com Yanick N. S. Santos AAAC 955389689 yanicksoares@hotmail.com Soares Adolfo Gomes Sá MNSC 955561216 adolfoeugeniagomes2017@ gmail.com Octávio Cabral AGAA 966732289 Otaviocabral88@gmail.com Aquileu Semedo DSPV 955207807 aquileusemedotavares@gma Tavares il.com João Sousa IBAP 955803854 joaocordeiroibap@gmail.co Cordeiro m Filinto O. Martins FAO 955497148 filintoOmarmartinsSalla@fao Salla .org Júlio Badjane SNPC 955831475 juliobadjane@hotmail.com Joao José MOPCU – DGHU 955587528 andrelinojj@yahoo.com Andrelino Esperança R. S. Eco – progresso 955867370 Espesad12@gmail.com Bian Fernando Biague Universi A Cabral 955299171 Fernandebiague@gmail.com Cheik Salimo Dafé CIPA 956161200 Decheiksalimo@gmail.com Rigoberto ITAGOS Farim 955901130 Rigoberto.cantussan@itagos Cantussan .com Alexandre Cabral ECO Progresso Sarl 955336437 Tutucabral1963@gmail.com Vania Almeida DGIT/Ministério das Obras 955544747 vaniaalina@hotmail.com Públicas C. Hurbanismo Quintino Imbadji AAAC 955173309 quimbadji@hotmail.com Carmem Mango DGESIC/ME/Tecnico 955322707 carmemmango@gmail.com Abilio Rachid Said IBAP 955803851 arsaid.ibap@gmail.com Júlio Cardoso MUPCU-DGOT 956033267 ----------------------------------- Sanca Mustafa Baldé MEIRN-DGRH 956186721 Almuba.fiche@hotmail.com Samuel Emmanuel AAAC 955731697 saemmalepon@gmail.com Ledo Pontes Isamara Gomes AAAC 955987224 isamarajosianegomes@gmail .com José Eliseu GATEC 955404215 binanteliseu@gmail.com Benante Elisabete Silva PNUD 955567508 elisabete.dumbia@undp.org David Peda AREZI 955400001 davidpeda@outlook@gmail. com Amadu Tidjane 955252530 amadutidjane@gmail.com Conceição G. SEA/DGDD conceicaogomeslopes@gmai Lopes l.com Carlos Pedro AAAC 956162536 Carlospedrogomes1984@gm Gomes ail.com Namuano F. D. CCIAS 966666664 namuano@hotmail.com Gomes