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Environmental and Social Review Summary
Lucky Cement
This Environmental and Social Review Summary (ESRS) is prepared by MIGA staff and disclosed prior to
the date on which MIGA’s Board of Directors considers the proposed issuance of a Contract of Guarantee.
Its purpose is to enhance the transparency of MIGA’s activities. This document should not be construed as
presuming the outcome of the decision by MIGA’s Board of Directors. Board dates are estimates only.
Any documentation that is attached to this ESRS has been prepared by the project sponsor, and authorization
has been given for public release. MIGA has reviewed the attached documentation as provided by the
applicant, and considers it of adequate quality to be released to the public, but does not endorse the content.
Country: Democratic Republic of Congo
Sector: Manufacturing
Project Enterprise: Nymba Ya Akiba S.A.
Environmental Category: A
Date ESRS Disclosed: April 6, 2017
Status: Due Diligence
A. Project Description
Lucky Cement is requesting a MIGA guarantee for their US$66 million equity investment in
Nyumba Ya Akiba S.A. (NYA), against the risks of Expropriation and Transfer Restriction, for
a period of up to 10 years. NYA is a 50:50 joint venture between Lucky Cement Limited (LCL) of
Pakistan and Groupe Rawji of the Democratic Republic of Congo (DRC). The company is
headquartered in Kinshasa. Groupe Rawji is a DRC based multinational company with interests in
logistics, banking, manufacturing, trading, real-estate development and port operations. Outside of
DRC the Group also has operations in Angola, Belgium, China, Dubai, Germany, India, Nigeria,
and South Africa. LCL is Pakistan’s largest producer of cement with a production capacity of 7.75
million tons per annum (tpa). LCL currently has two operational plants in Pakistan and employs
over 2,200 employees. LCL is also a joint venture partner in an 871,000 tpa cement grinding facility
in Basra, Iraq.
LCL, through the NYA joint venture, has developed a greenfield cement project in the Songologo
Region of the Bas-Congo Province of DRC, approximately 250 km south-west of Kinshasa, the
capital city of the DRC (“the Project”). The N1 (the main Kinshasa-Matadi port highway) passes
around 2 km from the project site, while the main Kinshasa – Matadi national railway line passes
through the Project site, south of the plant site. IFC provided an investment into the Project in 2014
(see IFC disclosure here: https://disclosures.ifc.org/#/projectDetailESRS/1207), and site
preparation and construction began in late 2014. Construction is now complete, and commercial
operations commenced in early-December 2016.
The key components of the Project include: a cement plant (with a production capacity of 1.18
million tpa); limestone quarry (to be exploited using opencast mining); overburden storage; storage
silos for ground cement (2 silos with a capacity 15,000 tons each); waste management facilities;
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Nymuba Ya Akiba / Democratic Republic of Congo
access and haul roads; and employee accommodations. A 220 kV power line (6 kilometers), which
was constructed to provide power to the Project, is considered an associated facility (as defined by
MIGA’s Performance Standard 1). The Project relies on existing public road (N1 highway) and rail
infrastructure (to and from Matadi Port) to transport raw materials and the finished product to and
from the plant. Limestone, clay and laterite will be mined, crushed and mixed with sand in the
clinker production process, which will then be milled at an on-site grinding plant with limestone
and (imported) gypsum to produce cement. A fully mechanized opencast method of mining will be
used, utilizing excavator dumpers and deep-hole blasting. The clay present in the top layers of the
deposit will also be used as part of the cement production process. The expected life of the mine is
at least 40 years. The plant will have the capacity to bulk-load cement for commercial clients as
well as to package and load cement in bags for sale in local retail markets.
NYA holds a lease of 28.56 km2 under an exploration permit and the total footprint of the project
will be approximately 1.5 km2 (150 ha). Land concession rights have been issued for occupation of
the land. The area in which the project is located is largely degraded and is considered a modified
habitat. It is rural in nature and characterized by a lack of development or infrastructure.
Approximately 10,000 people are estimated to live in the broader vicinity of the proposed project.
There are 7 small settlements in the area, including Yuku, Kokolo, Nkonda, Mbemba, Kinsua,
Mbamba and Minkelo.
The construction was undertaken by multiple contractors for civil, mechanical and electrical works.
Both international (Pakistani and European) and local sub-contractors were used. Three Congolese
sub-contractors are also involved in sourcing the local workforce for the Project. NYA is
responsible for Operations and Maintenance of the Project. NYA employs national third-party sub-
contractors primarily for the transport of coal from the port of Matadi and partial removal of
overburden at the quarry
B. Environmental and Social Categorization
This is a Category A project according to MIGA’s Policy on Environmental and Social
Sustainability (2013) because it has potential adverse environmental and social risks and/or impacts
that are diverse and irreversible.
The environmental and social risks mainly relate to; i) Water: Potential impacts on the surficial
water bodies in the vicinity of the project due to groundwater abstraction and contamination related
to improper disposal of waste and discharge of untreated process water to these water bodies; ii)
Biodiversity: Potential impacts on the aquatic biodiversity of the surficial water bodies in the
vicinity of the project and loss of provisioning ecosystem services (fishing) to the local
communities due to groundwater abstraction and contamination related to improper disposal of
waste and discharge of untreated process water to these water bodies. In addition there are potential
impacts (yet to be quantified) associated with the swamp and gallery forests of the Yuku River due
to the haul road placement; iii) Resettlement: A limited number of households will be physically
and economically displaced; and; iv) Community Health and Safety: Substantial traffic during both
construction and operations has the potential to impact on the health and safety impacts on the local
communities. Environmental and Social Management Plans have been developed for the
management of these impacts.
C. Applicable Standards
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While all Performance Standards are applicable to this investment, based on our current
information indicates that the investment will have impacts which must be managed in a manner
consistent with the following Performance Standards:
PS1: Assessment and Management of Environmental and Social Risks and Impacts
PS2: Labor and Working Conditions
PS3: Resource Efficiency and Pollution Prevention
PS4: Community Health, Safety and Security
PS5: Land Acquisition and Involuntary Resettlement
PS6: Biodiversity Conservation and Sustainable Management of Living Natural Resource.
PS7 and PS8 are not applicable to this investment as there are no Indigenous People (as defined in
MIGA’s Performance Standards) and no Cultural Heritage issues, respectively, in the Project area
have been identified from the documents reviewed and the site visit. A Chance Find Procedure has
also been prepared.
In addition, the WBG EHS General Guidelines and Guidelines for Cement and Lime
Manufacturing apply to this Project.
D. Key Documents and Scope of MIGA Review
MIGA’s environmental and social due diligence of this project largely relied on the due diligence
previously undertaken by IFC, and IFC’s ongoing supervision of the Project. In addition to the
documents previously disclosed by IFC, the following documents were reviewed by MIGA:
Draft Environmental and Social Monitoring. Nyumba Ya Akiba – Cement Plant. Report
from 6th Visit, February 2017 (ERM prepared for NYA, IFC, AfDB, FMFM, EKF and
HBL).
Environmental and Social Monitoring. Nyumba Ya Akiba – Cement Plant. Report from
4th Visit, March 2016 (ERM prepared for NYA, IFC, AfDB, FMFM, EKF and HBL).
Environmental and Social Performance Monitoring Report (Semi-Annual) – January –
June 2016. (Prepared by NYA for IFC, AfDB, FMFM, EKF and HBL).
Information from IFC supervision missions between 2014 and 2017.
Five Year Water Management Master Plan, October 2016;
Final Biodiversity Action Plan (BAP), October 2016;
Final Restoration protocol, October 2016; and
Traffic Management Plan, September 2016.
ESIA Addendum Report (SRK, December 2014)
Security Risk Assessment (July 2014)
Communicable Diseases Plan (June 2014)
Construction Management Plan (June 2014)
Labor and Human Resources Plan (June 2014)
Occupational Health and Safety Plan (June 2014)
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Green House Gases Management Plan (June 2014)
Waste Management Plan (June 2014)
Emergency Preparedness and Response Plan (June 2014)
Sustainable Development Plan (May 2014)
Stakeholder Engagement Plan (December 2014)
Community Health and Safety Plan (December 2015)
Grievance Mechanism Report (November 2014)
Malaria program (undated)
Internal grievance mechanism (August 2015)
Resettlement Action Plan (January 2016)
E. Key Issues and Mitigation
The following information is based largely on IFC’s appraisal of the Project, however, where
relevant, updated information is provided.
PS1: Assessment and Management of Environmental and Social Risks and Impacts
Environmental and Social Assessment:
The Project was approved by local authorities in 2011, following an Environmental Impact
Assessment (EIA) by an accredited local consultant, OEMS. Although this met DRC legislative
requirements, it did not meet lender requirements; therefore an Environmental and Social Impact
Assessment (ESIA) was commissioned and submitted in March 2013 by the Pakistani consulting
firm ECTECH. The lenders subsequently engaged ERM, a recognized international environmental
consulting firm, to undertake an environmental and social due diligence of the Project. This due
diligence identified further gaps between lender requirements and the March 2013 ESIA. To
address these gaps, NYA appointed SRK, another recognized international environmental
consulting firm, to prepare an ESIA Addendum and updated Environmental and Social
Management Plan (ESMP) in line with the requirements of the IFC Performance Standards. The
SRK ESIA did not constitute a complete revision of the ECTECH ESIA but rather focused on
addressing the gaps identified where possible, and noting remaining gaps requiring further
investigations. Measures to address these gaps were summarized in an agreed Environmental and
Social Action Plan (ESAP). Many of these studies have now been undertaken, and their findings
are provided in the appropriate sections below.
A separate ESIA was undertaken and approved by the government prior to construction of the
associated 220 kV transmission line.
The potential exists for cumulative impacts related to transport and influx of workers, and air
quality due to the proposed Project. There are 2 other cement facilities in the vicinity of the Project
– a new 1.25 metric tpa cement plant PPC (a South Africa cement producing company) is
developing some 30 km east of the Project site and Cimenterie de Lukala (CILU), an existing
cement facility is situated at Lukala, approximately 37 km east of project site on the road to
Kinshasa. A high level assessment of cumulative impacts was undertaken as part of the initial ESIA,
and then further assessment was included in the ESIA Addendum.
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Management Program and Monitoring:
LCL has in place a comprehensive environmental management system which is strictly applied at
all operations in Pakistan – both of which are certified against ISO 14001. The company is also
committed to provide a safe work environment to its employees and conducts risk assessments on
an ongoing basis to identify all risks that may cause harm in the workplace. Thus, to build up the
management systems for NYA, the company is relying on expertise at the LCL corporate level in
Pakistan, and from consultants.
As of February 2017 (the most recent Independent Environmental and Social Monitoring Report),
NYA is still in the process of establishing an internal structure to implement their environmental,
social, health and safety managements (ESMS). NYA has a Sustainable Development Policy; a
Health and Safety Policy; and a Human Rights Policy in place. The Sustainable Development
Policy states that NYA is committed to responsible management practices that avoid and minimize
adverse health, safety, social and environmental impacts, and aim to enhance the benefits associated
with its activities, products and services.
As part of the ESIA, SRK developed a series of Environmental, Health and Safety (EHS)
management plans. These include: A Labor and Human Resources Plan (LHRP); Occupational
Health and Safety Plan; Community Health and Safety Plan; Green House Gas (GHG) Emission
Assessment and Management Plan; Waste Management Plan; Emergency Preparedness and
Response Plan (EPRP); Stakeholder Engagement Plan; and a Framework Resettlement Action
Plan. These high level plans were further developed into a series of detailed plans, including
Construction Management Plan; Communicable Diseases Plan; Greenhouse Gases Management
Plan; Sustainable Development Plan; revised Community Health and Safety Plan; Grievance
Redress Mechanism; Resettlement Action Plan (RAP); Traffic Management Plan; and Chance Find
Procedure. The February 2017 monitoring report, however indicates that in addition to these plans,
the Project is still working to develop tools and procedures to support ESMS implementation.
Procedures for the development and operation of the quarry have also been prepared, including
procedures related to safety; excavation of soil; dust management; and truck driving.
The Project has initiated the process to certify the EHS management system according to ISO 14001
and OHSAS 18001. Certification was expected by mid-2017, however it has been postponed to
ensure that the management plans developed toward the end of 2016 are being fully implemented.
Organizational Capacity and Training:
During construction, environmental and social aspects on site were managed by the Sustainable
Development Manager, who was supported by an EHS advisor; 4 coordinators (NYA health and
safety coordinator; health and safety coordinator for sub-contractors; social coordinator; and
environmental coordinator); and 5 officers who report to the coordinators (safety officer;
community liaison officer; RAP officer; and 2 environmental officers). Each sub-contractor also
had a safety representative on site. Subcontractors working on site are integrated within the Project
ESMS and are working under the authority of the Project EHS team. For operations, NYA has an
established environmental, health & safety, and social team (also named EHS Team,
approximately 20 staff) headed by the Environmental, Health & Safety, Security and Admin
manager and his Deputy, who report to the NYA site General Manager.
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There were initially communication issues on site – as few of the expatriate sub-contractors could
speak English or French, and few of the local employees could speak Urdu. EHS documents,
though, have now been translated into all three languages and translators have been hired to assist
teams.
The EHS capacity of staff on site is still improving. The EHS team on site developed an induction
presentation (in English, French and Urdu) that is now shared with workers before they start
working on site. Training sessions are held on site. From September 2015 to March 2016, training
in hazard identification and ISO14001 / OHSAS 18001 requirements was held. Toolbox talks are
also held once per week, and typically focus on health and safety. The Lender’s Action Plan
developed in the February 2017 monitoring report recommends strengthening the internal EHS
training programs.
Emergency Preparedness and Response:
NYA has developed an Emergency Preparedness and Response Plan as per the requirements of
DRC’s Mining Code and the Performance Standards. This plan provides a description of the risks
and associated response to potential incidents such as medical emergencies, fires, nonscheduled
explosions, vehicle accidents, hazardous materials spills/release, security, as well as natural
disasters. Emergency and evacuation drills are scheduled to be undertaken every 2 months. The
drills are documented and any deficiencies and related corrective actions are identified.
Monitoring and Review:
An environmental monitoring plan and a social monitoring plan are provided in the ESIA. These
were developed based on compliance with environmental standards as prescribed by the DRC
Mining Regulations and the World Bank Group (WBG) EHS Guidelines. Monitoring of
environmental and social issues such as drinking water quality, surface water quality, treated
sewage effluent quality, noise, air quality, etc. is included in the various management plans as
described above. NYA will include results of its monitoring activity in the Annual Monitoring
Report (AMR) to be submitted to MIGA on an annual basis.
Grievance Mechanism
A grievance mechanism has been established for the Project. Grievances are collected either by
mail boxes that have been established in the surrounding villages or via the Cadre de Concertation
Permanent’ (the consultation committee comprised of representatives of the affected
communities). Once collected, the complaints are processed on site by the social team (social
coordinator; community liaison officer and RAP officer). Monitoring indicates that this mechanism
is functioning. The primary complaints received are regarding the number of local employees /
employment opportunities; recruitment practices of the local sub-contractor responsible for
recruitment; and working conditions.
PS2: Labor and Working Conditions
At the peak of construction there were approximately 1,250 people employed by NYA and sub-
contractors – approximately 50 in the head office in Kinshasa and 1,200 at site. Of these,
approximately 50% were expatriate and 50% were Congolese. About 80 employees (65 Congolese
and 15 expatriate) were permanent NYA employees, the remaining employees were hired on
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Nymuba Ya Akiba / Democratic Republic of Congo
temporary contracts as consultants (expatriate employees) or daily workers (Congolese). During
operations, there are approximately 700 people employed on site and 50 in the head office. Local
daily workers are engaged via various local sub-contractors.
Human Resources Policies and Procedures:
NYA has a Human Resources (HR) Policy and a HR Manual was developed by the head of NYA
HR as well as a Workers’ Code of Conduct, applicable to all contractors and subcontractors
employing workers on site. A HR Manager has been recruited permanently on-site. The policy and
procedures relate to contracted employees during construction as well as operational staff, and
cover general conditions of service; recruitment procedures; remuneration and compensation
procedures; training and development; dispute settlement procedures and a policy on rights of
association and bargaining. In terms of protecting the workforce (child labor and forced labor),
NYA has included a Human Rights Policy within the LHRP that commits to ensuring fair treatment
and work conditions for all employees, including rights to association and collective bargaining
and prohibit forced, compulsory or child labor.
Congolese workers employed directly by NYA have employment contracts which include terms of
employment, such as working hours and penalties. There is currently no workers union or collective
bargaining, but there is nothing in employment contracts or the company’s by-laws to restrict
employees from forming or joining a union. Pakistani expatriate workers (both permanent and
consultants) are hired with the support of Lucky Cement in Pakistan. Their contracts also include
terms of employment, such as working hours, holidays and repatriation. The term of employment
is typically one year.
Congolese daily workers are employed via three interim companies, though written employment
contracts and records are also maintained by NYA. Daily workers went on strike for 3 days in early
2016 due to delays in payments from 2 of the interim companies to the workers. In response, the
NYA HR Department has revised the contracts with the interim companies to better define the
required labor conditions.
While there is no requirement for interim companies to hire workers from local and affected
communities, NYA has requested in writing that preference be given to local employees. The NYA
HR team keeps statistics on local employment, and regularly shares these statistics with the
community. Meals are provided for all workers on site (including daily workers) at no additional
cost.
As per the requirements of the ESAP agreed with IFC, a third-party labor and OHS audit was
undertaken in October 2015 by Okapi Environment, a local consulting firm. The audit identified a
number of non-compliances, particularly related to proper use and wearing of PPE; need for risk
assessments and emergency evacuation drills; improvement in incident reporting procedures;
improvement in workers accommodation; and recording of proportion of expatriate workers. An
action plan was developed to address these issues, which was subsequently implemented by the
Project.
Grievance Mechanism:
An internal grievance procedure was developed in August 2015 by the Project’s HR department.
This procedure, which applies to both direct employees and sub-contractors, has been presented to
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all workers on site. A review of the system undertaken by ERM indicated that both local and
expatriate employees use the mechanism (grievances have been received in both French and Urdu).
The grievance mechanism is implemented by a grievance committee, which was established by the
HR department. The committee is responsible for communication of the mechanism to employees
and sub-contractors; complaints logging, processing and tracking; and ensuring redress.
Occupational Health and Safety:
An Occupational Health and Safety (OHS) Plan for both construction and operations was prepared
by the Project in July 2014, and sub-contractor contracts require them comply with the Project OHS
Plan. The plan references DRC, IFC and AfDB requirements. Implementation of the OHS Plan was
identified to be weak during early construction, and corrective actions were put in place to improve
implementation. As of December 2016, there were 7 health and safety staff on site – as indicated
above, 3 employed by NYA and one employed by each of the sub-contractors. The review
undertaken by ERM in March 2016 indicated that the authority of the safety officers was recognized
by the rest of the staff, and that these officers had the authority to stop work if they saw unsafe
conditions. Monitoring indicates that the number of health and safety accidents and incidents
significantly decreased from early 2015 to the end of 2016. However, while some training has been
undertaken, additional training is still required. The Project has developed and implemented several
health and safety procedures to address identified risks, such as a “Lock Out / Tag Out” procedure
(preventing accidental startup of hazardous machinery), to address identified risks.
The Project has a procedure in place to record, document and communicate on site health and safety
incidents. The incidents are divided in different categories including first aid, medical treatment,
incidents and lost time injury. There is a medical team on site, which consists of one doctor and 4
nurses.
Worker Accommodation:
During construction, employees were housed in temporary accommodation, including
prefabricated buildings; temporary concrete buildings and tents at two temporary camp sites.
Additionally, some houses were also rented in the city of Kimpese for Congolese management
staff. Transportation is provided for the workers living in Kimpese. For operations, there are 2
camps on site – the first houses approximately 250 people and another houses approximately 70
people. Recent monitoring indicated that both camps are largely in compliance with IFC / EBRD
Guidance Note on Worker’s Accommodation. There are 5 kitchens on site: 3 kitchens for
expatriates and 2 for Congolese. The drinking water for the camp is pumped from both surface
water and a well installed on site. Drinking water is treated with charcoal filters and UV rays, and
is tested regularly.
PS3: Resource Efficiency and Pollution Prevention
Resource Efficiency:
Power supply for the Project is obtained from the DRC national energy grid via a new 6.6 km,
220kV power line from the Kwilu substation to the plant site. Maximum power demand for the
proposed cement plant is approximately 16.5 MW. The electricity is mainly used in the cement
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production, namely; cement production plant, cement grinding, clinker production, packing and
dispatch, etc. Back-up power is provided, if needed, by an 800 kVA 400 Volts 50 Hz diesel
generator. When used, the back-up generator will only support essential plant equipment and
emergency lighting and will not maintain operation of the plant as a whole (including the kiln).
The clinker production and cement grinding facilities have been built according to the Best
Available Technologies defined for the cement industry, which include the adoption of preheating
and pre-calcining technology in the clinker production and de-dusting bag filters for gases. At full
production, the clinker production plant will consume approximately 396 tons/day or 118,800
ton/yr of coal which is imported from South Africa through the port of Matadi. The coal is
consumed exclusively in the calcining process. Coal will not be used for electricity generation (as
indicated above – electricity will be sourced from the grid). The clinker plant has a predicted
thermal energy efficiency performance of 730 kcal/kg of clinker and an electrical power
consumption of 57.0 kWh/ton clinker, which is within industry standards established by the
European Union. In addition to coal, provision has been made to use heavy fuel oil for start-up and
in case of an emergency.
Combined electricity consumption per ton of bagged cement, including clinker production,
grinding, blending and bagging is approximately 90 kWh per ton of cement, which compares
favorably to the industry standard of up to 105 kWh/ton cement.
The plant is based on a dry process with water only needed for cooling purposes, dust suppression
on roads, and domestic water usage. The estimated water consumption is 1,080 m3 per day
(approximately 750 m3 for the cement plant and the rest of dust suppression and domestic use).
Water is pumped from the Sansikwa River that flows on the eastern side of the quarry concession
area, and is treated at a water treatment plant prior to use. Water is stored in a combination of
underground and over-ground tanks, and is recirculated after cooling for use in plant equipment.
Solid Waste Management: The Project will produce a wide range of waste from its operations,
including office and household solid waste and non-hazardous industrial waste (paper, packaging
material, kitchen waste, building rubble, non-hydrocarbon filters, etc.); salvageable/recyclable
material (scrap metal, pipes and scrap wood); hazardous waste (used hydrocarbons, expired
chemicals, paints, lead batteries etc.); medical waste; waste water; and top soil and overburden. All
waste will be managed according to the Project Waste Management Plan (June 2014).
Domestic waste is currently collected in metal/ plastic bins installed around the camp site. The
waste is sorted (organic, general and recyclable) and stored at an on-site waste storage area. Organic
waste and general waste is disposed of in an unlined landfill on site. Recyclables are stored on site
until they are picked up by contractors for reuse or recycling. Hazardous materials, such as used
oil, filters and oily rags, are stored on site and then given to the informal market to be reused.
Medical waste is stored in plastic bottles at the dispensary and are transferred to the hospital in
Kimpese for disposal. During operations, most of the general waste produced is co-processed in
the cement plant oven.
Topsoil and overburden from the quarry is stored for eventual reuse for quarry reclamation as the
quarry operation proceeds. NYA has a Mine Closure plan which focuses on the end state of the
operations for closure. The plan, which will be implemented at the start of production and thereafter
updated on a regular basis, was prepared in accordance with the DRC requirements and WBG EHS
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Nymuba Ya Akiba / Democratic Republic of Congo
Guidelines for mining. The closure plan includes details on decommissioning, rolling quarry
management, overburden and topsoil storage and reapplication and restoration. According to the
closure plan project infrastructure that has no post-closure use (such as the plant equipment) will
be removed whilst the quarry and overburden site will be appropriately re-vegetated and secured
to prevent inadvertent access by humans and animals.
Wastewater Management: For construction and operation, the domestic sewage is disposed of via
a number of septic tanks/soakaways (approximately 15). These solutions, however, are not
sustainable given the amount of sewage generated, and therefore NYA is currently exploring
alternative solutions, including installation of additional septic tanks or a pre-fabricated sewage
treatment plant.
In 2016, three reports were prepared by an international consulting firm summarizing the output of
hydrological and hydrogeological studies and providing guidance on the monitoring of water
quality during the operations phase. The reports also provided different options related to
dewatering of the quarry and water discharge and use. Based on these reports, a ‘Five Year Water
Management Master Plan was prepared for the operations phase. A groundwater monitoring
program has also been developed, and monitoring wells have been placed at critical locations.
Hazardous Materials Management: During construction, hazardous materials, including lubricating
oil and grease, were stored in drums on site in a covered area with an impermeable base. For
operations, coal and fuel storage areas have been developed. Coal storage areas are covered, and
have a 50,000 ton capacity. Some fuel is stored in underground storage tanks, designed in
accordance with recognized industry standards, and some fuel is stored in special purpose above
ground fuel tanks. The underground storage tanks are double skinned and are equipped with a
continuous leak detection system. Approximately 27,000 liters and 3,000 kg of oils and greases
respectively (of various types) are required on an annual basis for operation of the plant. These are
stored in enclosed containers at the plant site, as per the manufacturer’s instructions.
A hazardous chemicals store is located within the plant area. Recent monitoring identified some
gaps in compliance between current storage and the requirements of WBG EHS guidelines. Actions
have been identified to address these gaps. The quarry operation requires the use of explosives.
Explosive usage is strictly regulated by the authorities, and the Project follows all national laws
and regulations in this respect. The storage for explosives has been established in a remote location,
is fully fenced and guarded by security 24 hours per day / 7 days a week to avoid any interference
with routine operations.
Air Quality: Prior to construction of the Project, the air shed in the project area was fairly un-
degraded, as there was no industrial or commercial activity in the vicinity of the Project. Primary
sources of air emissions from the implementation of the project will include particulates from
quarrying, raw and finished materials as well as fuel combustion. Water based dust control
measures are implemented within the perimeters of the quarry, on access roads and at the plant,
where evacuation and filtration systems are not practical. Watering is conducted to reduce the dust
concentrations to below the WBG EHS Guidelines for Cement and Lime threshold of 50 mg/Nm3
within the quarry area.
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All plant units have dust control measures installed (e.g., bag filters at all emission points and
electrostatic precipitators for the clinker cooler with guaranteed emissions of 20mg/Nm3 and
30mg/Nm3 respectively). The equipment supplier has guaranteed that these filters will achieve
maximum emissions of 20 as well as 30 mg particulate/Nm3 which is consistent with WBG EHS
Guidelines.
Apart from particulate emissions, other major point source pollutants in the cement manufacturing
process are sulfur dioxide and nitrogen oxides, which are related to the operation of the clinker kiln.
Sulfur dioxide emissions are expected to be low, as the alkaline conditions in the clinker kiln will
result in the absorption of the majority of the sulfur entering the systems either through the raw
materials or the fuel. The sulfur dioxide emissions are not expected to exceed WBG EHS
Guidelines value of 400 mg/Nm3. However, a detailed monitoring over a full 12 months is being
carried out to provide information on air quality and assist in predicting routine and upset impacts
that require management. The baseline air quality study will also assess the potential for cumulative
impacts on air quality taking into account the new PPC plant; though this is considered unlikely at
this stage taking into consideration it is located some 30 km distant. The Project has a plan in place
to continuously monitor particulate, SOx and NOx emissions at the main stack and ambient air
quality in local communities. The results of this monitoring will be provided to MIGA in the Annual
Monitoring Report.
Greenhouse Gases (GHG): The Project is expected to produce approximately 950,000 tCO2e per
year. A GHG Management Plan was developed with measures including energy efficiency
improvements, raw material substitution and use of alternative fuels. GHG emissions will be
quantified on annual basis and reported to MIGA in the Annual Monitoring Report.
Noise: Primary sources of noise from the Project includes excavation, blasting, drilling, road
vehicles engine and movement, stockpiling, and loading and unloading of rock into dumper trucks.
As the residences closest to the quarry have been relocated, there are no sensitive receptors in the
immediate vicinity of the quarry. Quarry operation activities are mainly carried out during day-
light only. In-plant shielding of noise emissions have been adopted to ensure that noise levels at
the boundaries are within the regulatory limits. In addition to this, NYA has also adopted good
practice methods in the prevention and control of noise, including having all equipment for the
plant designed to operate with low noise levels, without exceeding the maximum allowable noise
level for the surrounding receiving land use. Noise monitoring is undertaken regularly at the site
boundary and at sensitive receptors near the plant site.
PS4: Community Health, Safety and Security
Infrastructure and Equipment Design and Safety: Potentially negative community health impacts
stem from dust and noise due to the movement of heavy equipment, materials and project personnel
during construction. During operations, blasting and heavy trucks transporting raw and processed
materials will affect the population of rural villages and settlements located within a few kilometers
of the cement plant, and along nearby roads which will be important conduits for importing raw
materials and exporting the finished product i.e., cement.
A ‘Community Health and Safety Plan’ was developed in June 2014 and updated in March 2015
and again in December 2015. The next update of the plan is scheduled for the first quarter of 2017.
Environmental and Social Review Summary -12 - April 6, 2017
Nymuba Ya Akiba / Democratic Republic of Congo
Traffic: Potential impacts of increased traffic and associated safety issues were found to be of major
significance in the ESIA, reduced to medium with proper mitigation. A Traffic Management Plan
was developed and implemented for the construction phase, which included the installation of
speed limitation and traffic control signs, speed bumps, construction of sidewalks and alternative
pedestrian routes, and driver training. A Traffic Management Plan has also been developed for the
operations phase, which includes the design of the plant internal waiting area sufficiently large to
accommodate 200 - 300 trucks per day. This area is secure and will be provisioned with sanitation,
food services, and other small shops so as to minimize if not eliminate the need for waiting truckers
to enter nearby villages for such services.
Blasting Management: Blasting and storage and handling of explosives is undertaken in accordance
with the relevant international guidelines and DRC regulations. Potential impacts of blasting on
surrounding communities is covered in the Community Health Management Plan and in the
Emergency Preparedness and Response Plan.
Community Exposure to Disease: The increased potential for the spread of communicable diseases
such as HIV/AIDs and other STDs linked to the influx of predominantly male job-seekers and
workers was rated as of low significance in the ESIA for both the construction and operation stages.
The Community Health and Safety Plan provides measures for reducing potential exposure and
spread of infectious diseases including HIV/AIDS and other STDs, or malaria. The medical staff
on site provide HIV/AIDS and other STD sensitization training to workers and a strong vector
control program is in place on site and at the worker accommodation.
Emergency Preparedness and Response: As mentioned above, the Project has prepared an
Emergency Preparedness and Response Plan (EPRP) in response to the requirements of DRC’s
Mining Code and the requirements of the Performance Standards. The EPRP includes external steps
for setting up lines of communication for external liaison and reporting, including coordination
with emergency services, where they exist and appropriate communication with the media and
reporting to, and liaison with the media. The EPRP is based on the assumption that there will be
limited external emergency services available, and therefore NYA’s emergency procedures need
to be robust and self-sufficient.
Security Arrangements:
A Security Risk Assessment was undertaken in October 2015 by the NYA security Manager. This
security assessment was comprehensive and provided a clear risk matrix and control measures. The
assessment included a Security Management Plan, which was implemented during the construction
phase, and is now implemented during the operations phase. To support implementation of the plan,
a series of security procedures have been developed. The Project has engaged an international
security contractor to provide security guards for the site. National Police Officers also provide
security for the site. The National Police Officers based at the site are managed by the international
security contractor.
PS5: Land Acquisition and Involuntary Resettlement
The project required the acquisition of approximately 150 ha of land for the construction of the
cement plant, the quarry, the overburden stockpile and other project facilities. Of this,
approximately 28 hectares were identified as currently owned/utilised by local communities and
requiring physical and/or economic resettlement. This, in combination with other project impacts
Environmental and Social Review Summary -13 - April 6, 2017
Nymuba Ya Akiba / Democratic Republic of Congo
(dust, noise, safety etc.) will result in physical resettlement of one village of 9 households (Yuku
village), and economic resettlement of approximately 56 households.
Due to the fact that the project footprint was not finalized at the time of the ESIA, a Framework
Resettlement Action Plan (FRAP) was developed, with a view to developing Resettlement Action
Plans (RAPs) and/or Livelihood Restoration Plans (LRPs) once the footprint is finalized. The
detailed RAP was completed in January 2016. A census and asset inventory was undertaken by
SRK in June 2013. This was done in the presence of a local government authority and owner of
each asset/facility/field, and based on a sound methodology in line with PS5 requirements, and
appropriate stakeholder consultation; however, detailed measurements for the fields associated
with the final footprint must still be undertaken. This was incorporated into the detailed RAP.
Compensation and Benefits for Displaced Persons: All assets will be compensated for based on an
agreed entitlement matrix. The principles for this entitlement matrix were determined in the FRAP,
and a detailed entitlement matrix was developed as part of the RAP process. A review of RAP
implementation undertaken in November 2015 indicated that resettlement and compensation was
undertaken according to the RAP and the requirements of IFC PS 5. The review also indicated that
all compensation payments had been made, but physical relocation had not occurred yet. Physical
relocation took place in early 2016.
The selection of a host site for the resettlement of Yuku village was undertaken in conjunction with
the chief of Mbemba Village, to which Yuku is affiliated. This site is located very near to the
Mbemba Village and, according to the chief as discussed during the site visit, will satisfy the needs
of those from Yuku, while not causing negative impacts for those in Mbemba Village.
NYA did not provide affected households with cash compensation for housing structures and
agricultural land; rather they provided like-for-like assets. A Livelihood Restoration Plan (LRP)
was developed and is being implemented with the assistance of two local NGOs. The LRP includes
agricultural enhancement programs; health and hygiene programs; and assistance programs for
vulnerable households. Implementation of the RAP and LRP, including maintaining contact with
affected communities and supervision of the two NGOs, is the responsibility of the Project’s RAP
Coordinator.
PS6: Biodiversity Conservation and Sustainable Management of Living Natural Resource
The area in which the project is located is considered a modified habitat. The area mainly consists
of savannah grasslands with a few scattered trees. It has been modified for many years due to
grazing, agriculture, charcoal production, etc. Despite modification, remnant patches of more intact
habitat, such as swamp and gallery forests along the Yuku River and small patches of wetlands
exist. As a condition of IFC’s investment in the Project, an updated biodiversity assessment was
undertaken as part of the ESIA Addendum Report (December 2014). This assessment indicated
that two freshwater habitats potentially affected by the Project (Kawenga Lake and Yuku Stream)
could potentially be considered critical habitats according to PS 6. Kawenga Lake, which is located
adjacent to the cement plant site, is largely in a natural ecological state. The presence of a rare
colonial ciliate Ophrydium indicates that the Lake likely supports subterranean aquatic biota,
however the assessment undertaken in 2014 was not able to collect further data on this aspect. Yuku
Stream was identified to support an unusual composition of diatoms and aquatic
Environmental and Social Review Summary -14 - April 6, 2017
Nymuba Ya Akiba / Democratic Republic of Congo
macroinvertebrates. To confirm whether either habitat could be considered ‘critical habitat’
according to PS 6, NYA engaged a consultant to undertake targeted biodiversity studies during
both the wet season and the dry season. Field work was undertaken in late 2015 and mid-2016, and
the results of these studies were compiled into a detailed Biodiversity Action Plan (BAP), which
was completed in October 2016. The surveys indicated that the two freshwater habitats did not
qualify as ‘critical habitat’. Despite being modified habitat, however, both habitats were found to
be in good ecological state. The surveys also indicated that Yuku Steam supports an unusual
composition of diatoms and aquatic macroinvertebrates. Therefore, the BAP has been designed to
achieve no net loss of biodiversity in these habitats. A review of the BAP undertaken in February
2017 indicated that the BAP is fairly comprehensive, except that an additional inventory of species
is still pending. BAP implementation commenced in 2017, and progress is being closely monitored
by NYA and lenders.
Ecosystem Services: The communities in the area are reliant on the provisioning and regulating
ecosystem services in the project area. Natural resources regularly used by local residents include
wood, fish, and wild animals, building materials, medicinal plants, grazing for livestock and potable
water. Many of the resources in the area are being depleted due to pressure from unsustainable
agricultural practices. The significance of ecosystem services during project implementation,
operation and decommissioning were assessed during the detailed biodiversity studies and
livelihood restoration assessment. Based on the findings, ecosystems services related mitigation
measures were incorporated into the LRP and BAP.
F. Environmental Permitting Process and Community Engagement
As indicated under PS 1, the Project submitted an EIA to the Government as per DRC laws in 2011.
This EIA was approved, and the project was provided with a permit to construct the Project. The
Project has also received appropriate permits for Project operation.
Community Engagement: Appropriate engagement was undertaken with PAPs and relevant
stakeholders during the FRAP process, and a Stakeholder Engagement Plan (SEP) was developed
for the Project in December 2014. The SEP summarizes the plan for engaging with project
stakeholders and engagement activities undertaken up to December 2014. Additional engagement
with physically and economically displaced people took place throughout 2015 and 2016, and the
SEP continues to be implemented. All meetings are formally recorded in meeting minutes. As part
of the SEP, a Community Grievance Mechanism was prepared. The document, available in English
and French, describes the main principles and tools of an efficient grievance mechanism. A
simplified version of the mechanism has been disclosed via posters in local language in the
surrounding villages. Review of implementation of the grievance mechanism undertaken in
February 2017 indicated that it was functioning. Primary grievances are related to job opportunities
for local residents.
MIGA supports its clients (as defined in MIGA Policy on Environmental and Social Sustainability)
in addressing environmental and social issues arising from their business activities by requiring them to set up and administer appropriate grievance mechanisms and/or procedures to address complaints from Affected Communities.
In addition, Affected Communities have unrestricted access to the Compliance
Advisor/Ombudsman (CAO), the independent accountability mechanism for MIGA. The CAO is mandated to address complaints from people affected by MIGA-guaranteed business activities
Environmental and Social Review Summary -15 - April 6, 2017
Nymuba Ya Akiba / Democratic Republic of Congo
in a manner that is fair, objective, and constructive, with the goal of improving environmental and social project outcomes and fostering greater public accountability of MIGA. Independent of MIGA management and reporting directly to the World Bank Group President, the CAO works to resolve complaints using a flexible, problem-solving approach through its dispute resolution arm and oversees project-level audits of MIGA’s environmental and social performance through its compliance arm.
Complaints may relate to any aspect of MIGA-guaranteed business activities that is within the mandate of the CAO. They can be made by any individual, group, community, entity, or other party affected or likely to be affected by the environmental or social impacts of a MIGA-guaranteed business activity. Complaints can be submitted to the CAO in writing to the address
below:
Compliance Advisor/Ombudsman International Finance Corporation 2121 Pennsylvania Avenue NW Room F11K-232 Washington, DC 20433 USA Tel: 1 202 458 1973 Fax: 1 202 522 7400
E-mail: cao-compliance@ifc.org
G. Availability of Documentation
ESIA Addendum (December 2014);
Final Biodiversity Action Plan (October 2016);
Resettlement Action Plan (January 2016).
The above listed documentation is available electronically as PDF attachments to this ESRS at
www.miga.org. It is also available for viewing at the NYA office in Kinshasa.
For inquiries and comments about the project contact:
Christian NGOY NDOMBE
EHSS Manager
+243816139388
mailto:cngoy@nya-cement.com
Nyumba Ya Akiba sarl
Immeuble Forescom 7ème Niveau, av.du Port N°4
Kinshasa GOMBE/RDC
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